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HomeMy WebLinkAboutDec 2023 PC Minutes for Z-9703-ADecember 14, 2023 ITEM NO.: 14 FILE NO.: Z-9703-A NAME: Southern Patio Bar and Grill – Private Club – PD-C LOCATION: 7315 Geyer Springs Road DEVELOPER: Tony Ma 14100 Sardis Road Mabelvale, AR 72103 OWNER/AUTHORIZED AGENT: Tony Ma – Owner Stephen Giles – Agent SURVEYOR/ENGINEER: Hope Consulting 117 S. Market Street Benton, AR 72015 AREA: 0.92 acre NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF WARD: 2 PLANNING DISTRICT: 13 CENSUS TRACT: 20.02 CURRENT ZONING: C-3 VARIANCE/WAIVERS: None requested. BACKGROUND: On August 11, 2022 the Planning Commission voted to deny a PD-C rezoning to allow a private club at 7315 Geyer Springs Road. On September 20, 2022 the City Board of Directors denied a requested appeal of the Planning Commission’s denial. A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT: The applicant proposes the property located at 7315 Geyer Springs Road be rezoned from C-3 to PD-C to allow the existing restaurant to operate as a private club. December 14, 2023 ITEM NO.: 14 (Cont.) FILE NO.: Z-9703-A 2 B. EXISTING CONDITIONS: The existing building is approximately 3,362 square feet in area. A single driveway provides access to the property from Geyer Springs Road. Access to the property may also be from as shared access drive easement with property to the south, there is no rear access or drive-thru service. An existing fence extends from the rear of the building on the south side terminating at the rear property line. The site plan notes thirty-two (32) parking spaces. Section 36-502(3)(c) of the City’s Zoning Ordinance would typically require 33 parking spaces for the private club. Staff believes the provided parking is sufficient to serve existing building. The general area contains a mixture of commercial (C-3 & C-4) zoning and uses. Properties to the north and south contain C-3 and C-4 conditional uses respectively. Properties on the west side of Geyer Springs Road contain C-3, C-4 and I-2 zonings. C. NEIGHBORHOOD NOTIFICATIONS: All owners of property located within 300 feet of the site and all neighborhood associations registered with the City of Little Rock were notified of the public hearing. D. ENGINEERING COMMENTS: No comments. E. UTILITIES/FIRE DEPARTMENT/PARKS/COUNTY PLANNING: Little Rock Water Reclamation Authority: No comments received. Entergy: No comments received. Summit Utilities: No comments. AT & T: No comments received. Central Arkansas Water: No comments received. Fire Department: Maintain Access: Fire Hydrants. Maintain fire apparatus access roads at fire hydrant locations as per Appendix D of the 2021 Arkansas Fire Prevention Code Vol. 1 Section D103.1 Access road width with a hydrant. Where a fire hydrant is located on a fire apparatus access road, the minimum road width shall be 26 feet, exclusive of shoulders. December 14, 2023 ITEM NO.: 14 (Cont.) FILE NO.: Z-9703-A 3 Commercial and Industrial Developments – 2 means of access. - Maintain fire apparatus access roads as per Appendix D of the 2021 Arkansas Fire Prevention Code Vol. 1 Section D104.1 Buildings exceeding three stories or 30 feet in height. Building or facilities exceeding 30 feet or three stories in height shall have at least two means of fire apparatus access for each structure. Section D104.2 Building exceeding 62,000 square feet in area. Buildings or facilities having a gross building area of more than 62,000 square feet shall be provide with two separate and approved fire apparatus access roads. Exception: Projects having a gross building area of up to 124,000 square feet that have a single approved fire apparatus access road when all building are equipped throughout with approved automatic sprinkler systems. D104.3 Remoteness. Where two fire apparatus access roads are required, they shall be placed a distance apart equal to not less than one half of the length of the maximum overall diagonal dimension of the lot or area to be served, measured in a straight line between accesses. 30’ Tall Buildings - Maintain aerial fire apparatus access roads as per Appendix D of the 2021 Arkansas Fire Prevention Code Vol. 1 Section D105.1 – D105.4 D105.1 Where Required. Where the vertical distance between the grade plane and the highest roof surface exceed 30’, approved aerial fire apparatus access roads shall be provided. For the purposes of this section the highest roof surfaces shall be determined by measurement to the eave of a pitched roof, the intersection of a roof to the exterior wall, or the top of the parapet walls, whichever is greater. D105.2 Width. Aerial fire apparatus access roads shall have a minimum unobstructed with of 26’, exclusive of shoulders, in the immediate vicinity of the building or portion thereof. D105.3 Proximity to building. At least one of the required access routes meeting this condition shall be located within a minimum of 15 feet and a maximum of 30 feet from the building, and shall be positioned parallel to one entire side of the building. The side of the building on which the aerial fire apparatus access road is positioned shall be approved by the fire code official. D105.4 Obstructions. Overhead utility and power lines shall not be located over the aerial fire apparatus access road or between the aerial fire apparatus road and the building. Other obstructions shall be permitted to be places with the approval of the fire code official. December 14, 2023 ITEM NO.: 14 (Cont.) FILE NO.: Z-9703-A 4 Dead Ends. Maintain fire apparatus access roads at dead end locations as per Appendix D of the 2021 Arkansas Fire Prevention Code Vol. 1 Section D103.4 Dead Ends. Dead-end fire apparatus access roads in excess of 150 feet shall be provided with width and turnaround provisions in accordance with Table D103.4. Requirements for Dead-end fire apparatus access roads. Gates Maintain fire apparatus access road gates as per Appendix D of the 2021 Arkansas Fire Prevention Code Vol. 1 Section D103.5 Fire apparatus access road gates. Gates securing the fire apparatus access roads shall comply with all of the following criteria: 1. Minimum gate width shall be 20 feet. 2. Gates shall be of swinging or sliding type. 3. Construction of gates shall be of material that allow manual operation by one person. 4. Gate components shall be maintained in an operable condition at all times and replaces or repaired when defective. 5. Electric gates shall be equipped with a means of opening the gate by fire department personnel for emergency access. Emergency opening devices shall be approved by the fire code official. 6. Manual opening gates shall not be locked with a padlock or chain and padlock unless they are capable of being opened by means of forcible entry tools or when a key box containing the keys to the lock is installed at the gate location. 7. Locking device specifications shall be submitted for approval \by the fire code official. 8. Electric gate operators, where provided, shall be listed in accordance with UL 325. 9. Gates, intended for automatic operation shall be designed, constructed and installed to comply with requirements of ASTM F 2200. Fire Hydrants Locate Fire Hydrants as per Appendix C of the 2021 Arkansas Fire Prevention Code. Section C101 – C105, in conjunction with Central Arkansas Water (Daniel Tull 501-377-1245) and the Little Rock Fire Marshal’s Office (Capt. Tony Rhodes 501-918-3757, or Fire Marshal Derek N. Ingram 501-918-3756 Number and Distribution of Fire Hydrants as per Table C105.1. Parks and Recreation: No comments received. County Planning: No comments. December 14, 2023 ITEM NO.: 14 (Cont.) FILE NO.: Z-9703-A 5 F. BUILDING CODES/LANDSCAPE: Building Code: No comments received. Landscape: 1. Any new site development must comply with the City’s minimal landscape and buffer ordinance requirements. Refer to the Code of Ordinances, Chapter 15 Landscaping and Tree Protection, and Chapter 36, Article IX – Buffers and Screening. 2. Site development plans, with landscape and screening, must be submitted for review, and approval, prior to site clearing and tree removal. G. TRANSPORTATION/PLANNING: Rock Region Metro: No comments received. Planning Division: The request is in the 65th Street East Planning District. The Land Use Plan shows Commercial (C) for the requested area. The Commercial (C) category includes a broad range of retail and wholesale sales of products, personal and professional services, and general business activities. Commercial activities vary in type and scale, depending on the trade area that they serve. The application is for a PD-C in C-3 (General Commercial) zoning for a private club. Land Use North and South, on both east and west sides of Geyer Springs Road is Commercial. The Commercial (C) category includes a broad range of retail and wholesale sales of products, personal and professional services, and general business activities. Commercial activities vary in type and scale, depending on the trade area that they serve. This site is not in an Overlay District. Master Street Plan: Geyer Springs Road is a Minor Arterial on the Master Street Plan. Minor Arterials are high volume roads designed to provide the connections to and through an urban area. Curb cuts should be minimized to allow for continuous traffic flow while still allowing some access to adjoining property. Standard Right-of-way (ROW) is 90 feet. Sidewalks are required on both sides. This street may need more ROW and/or paving width. May require dedication of ROW or improvements. December 14, 2023 ITEM NO.: 14 (Cont.) FILE NO.: Z-9703-A 6 Bicycle Plan: The Master Bike Plan shows no facilities in this area. Historic Preservation Plan: This property is not a contributing structure and is not located in a Historic District. H. ANALYSIS: The applicant proposes the property located at 7315 Geyer Springs Road be rezoned from C-3 to PD-C to allow the existing restaurant to operate as a private club. There will be no changes to the existing footprint or exterior of the building or parking area. The applicant notes the only proposed change is to allow the sale of alcoholic beverages until 2:00am on Saturday and Sunday. The current hours of operation extend to 1:00am on Saturday and midnight on Sunday. The Alcohol Beverage Control (ABC) requires that a restaurant with alcohol sales with the extended hours proposed be classified as a “private club.” The ABC requires the governing body of a municipality approve a “private club” as noted below: “A private club application may only be submitted to the Alcoholic Beverage Control after the governing body of the county or municipality in which the private club seeks to be located has issued an ordinance approving the private club to operate in that county or municipality.” Section 36-301 allows a private club with dining or bar service as a Conditional Use (CUP). However, the proposed change will require the C-3 (General Commercial District) to be changed to a “PD-C” (Planned Commercial District) to allow the existing use as a private club to comply with the Arkansas Control Board (ABC). The existing signage complies with the City’s Zoning Ordinance. Any new future signage must comply with Section 36-555 of the code (signs permitted in commercial zones). Any dumpster placed on the site must be screened and comply with Section 36-523 of the City’s Zoning Ordinance. All sight lighting must be low-level and directed away from adjacent properties. The applicant provided responses and additional information to all issues raised during staff’s review of the application. To staff’s knowledge there are no December 14, 2023 ITEM NO.: 14 (Cont.) FILE NO.: Z-9703-A 7 outstanding issues. The applicant is requesting no variances with the proposed application. Staff is not supportive of the requested PD-C rezoning to allow a private club at 7315 Geyer Springs Road. In the past few years there have been several private clubs (and event center-type uses) approved in this general area, along Geyer Springs Road and Baseline Road. Staff believes that is not appropriate to allow another private club use within this area of Southwest Little Rock at this time. I. STAFF RECOMMENDATION: Staff recommends denial of the requested PD-C rezoning. PLANNING COMMISSION ACTION: (DECEMBER 14, 2023) This item was withdrawn at the request of the applicant.