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HomeMy WebLinkAboutZ-8490-B Staff AnalysisFILE NO.: Z-8490-B NAME: Johnson Revised Short -form PD-C LOCATION: Located at 4314 Asher Avenue DEVELOPER: Tracy Johnson c/o the Law Firm of Stephen R. Giles 425 West Capitol Avenue, Suite 3200 Little Rock, AR 72201-3469 SURVEYOR: White-Daters and Associates 24 Rahling Circle Little Rock, AR 72223 AREA: 0.34 acres CURRENT ZONING ALLOWED USES PROPOSED ZONING PROPOSED USE: NUMBER OF LOTS: 1 PD-C Private club Revised PD-C Extend the hours of operation VARIANCESMAIVERS REQUESTED: None requested. BACKGROUND: FT. NEW STREET: 0 LF Ordinance No. 20,164 adopted by the Little Rock Board of Directors on October 6, 2009, rezoned the site from the C-4, Open Display Zoning District to PD-C to allow the site to be redeveloped with a bar/grill/private club. The site was vacant and was proposed with the construction of a two (2) story 4,500 square foot building. The site plan indicated the placement of 31 on -site parking spaces and indicated agreements to allow additional off -site parking spaces at the adjacent funeral home. The hours of operation were approved from 9:00 pm to 2:00 am Thursday through Saturday. FILE NO.: Z-8490-B (Cont. Ordinance No. 20,372 adopted by the Little Rock Board of Directors on December 7, 2010 allowed a revision to the previously approved PD-C. The approval allowed the construction of a smaller building and rearrangement of the parking layout on the site. The use of the building remained a bar/grill/private club. The building approved was a single story building containing 3,536 square feet and 19 on -site parking spaces. Additional parking was provided via an agreement from an adjacent property owner to allow 16 additional off -site parking spaces. The hours of operation approved were 9:00 pm to 2:00 am, Thursday through Saturday. A single ground sign along Asher Avenue as well as building signage on the front facade along Asher Avenue was approved. A. PROPOSAL/REQUEST/APPLICANT'S STATEMENT: The owner is proposing a revision the currently approved PD-C to extend the hours of operation for his establishment, now named "Trois". There are no site plan changes proposed from the existing built site, this includes no changes to the building, parking, landscaping, ingress/egress. The owner will continue to lease parking from an adjacent funeral home business, located across the alley to the north, which reserves 18 — 20 parking spaces for "Trois" use. The hours of operation are proposed to coincide with the current ABC permit. The hours of operation requested with this application are from 10:00 am to 3:30 am seven days per week. Currently the hours of operation approved for the site are 9:00 pm to 2:00 am Thursday through Saturday. B. EXISTING CONDITIONS: The site is developed with a private club and parking located on the north side of Asher Avenue. This area contains a number of uses including auto repair, auto towing, bars, churches, a gas station, a funeral home, a hair salon, a mortgage company office and auto financing. This area of Asher Avenue also contains a number of vacant buildings and large paved areas. Further north of the site are single-family homes. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has received several informational phone calls from area residents concerning the proposed request. All property owners located within 200-feet of the site along with the Curran Conway Neighborhood Association, the Goodwill Neighborhood Association, the Love Neighborhood Association, the Midway Neighborhood Association and the South of Asher Neighborhood Association were notified of the public hearing. D. SUBDIVISION COMMITTEE COMMENT: (September 11, 2013) The applicant was not present. Staff presented an overview of the development stating there were no technical issues associated with the request in need of 2 FILE NO.: Z-8490-B (Cont. addressing. There was no further discussion of the item. The Committee then forwarded the item to the full Commission for final action. E. ANALYSIS: There were no outstanding technical issues associated with the request in need of addressing raised at the September 11, 2013, Subdivision Committee meeting. The request is to revise the previously approved PD-C to modify and extend the hours of operation. The amended hours of operation are proposed to coincide with the hours approved by the ABC Board at their August 2013 meeting. The ABC hours of operation approved are from 10:00 am to 3:30 am seven (7) days per week. The hours of operation approved for the site with the PD-C zoning are 9:00 pm to 2:00 am Thursday through Saturday. Staff is not supportive of the request. Staff has concerns with the increase in hours of operation and the potential impact on the nearby businesses and residences. F. STAFF RECOMMENDATION: Staff recommends denial of the request to extend the hours of operation from a closing time of 2:00 am to a closing time of 3:30 am daily. PLANNING COMMISSION ACTION: (OCTOBER 3, 2013) Mr. Steve Giles and Mr. Tracy Johnson were present representing the request. Staff presented an overview of the item stating the only change was to the hours of operation. Staff presented a recommendation of denial of the request to extend the closing hour from 2:00 am to 3:30 am daily. Mr. Steve Giles addressed the Commission stating the request to extend the hours was to allow Mr. Johnson to operate within the perimeters of his approved ABC license. He stated currently Mr. Johnson was losing customers because of the 2:00 am closing. He stated he also felt there were safety concerns by not keeping customers in one place until 3:30 am. He stated there had not been any incidents at the establishment. He stated Mr. Johnson hired off -duty police officers to police the premises. He stated the officers came to work at 9:00 pm and stayed until closing. He stated when the business closed the officers cleared the parking lot and encouraged customers to go elsewhere. He stated Mr. Johnson was a good neighbor and as far as he knew there had not been any complaints against the business. Ms. Clarice Coleman addressed the Commission in opposition of the request. She stated she and Mr. Webb owned the business next door to Mr. Johnson's business. She stated the music from Mr. Johnson's business could be heard outdoors. She stated there had been a number of fights and disturbances at Mr. Johnson's business. 3 FILE NO.: Z-8490-B (Cont. She stated her business closed at 2:00 am and Mr. Johnson was continuing to operate after his scheduled 2:00 am closing time. She stated Asher did not need any businesses open after 2:00 am. Ms. Ruth Bell, League of Women Voters, addressed the Commission in opposition of the request. She stated the request was to not operate 24/7 but to operate 17 Y2 hours seven days per week. She felt the hours were too intense for the area. She stated from 10:00 am to 3:30 am would impact businesses in the area. She questioned parking for the businesses in the area and if this business was sharing parking with other businesses the potential impact the coinciding hours and shared parking would have on each other. Mr. Johnson stated he did not intend to open daily at 10:00 am. He stated currently the building could be leased for special events such as baby showers or wedding showers. He stated in the future the business may serve lunch but at present the business was not open for lunch. He stated he put his own money into the building and did not rehab an existing building. He stated he was trying revitalize the area and bring up property values. There was a general discussion by the Commission and Mr. Johnson concerning his opening and closing hours. The Commission stated the closing hour was not as big a concern as the opening hours. Mr. Johnson stated currently the business opened a 4:30 pm with a Happy Hour. He requested his hours of operation be amended to 4:30 pm to 3:30 am daily. Staff questioned if Mr. Johnson would continue to lease the building for special events. Mr. Johnson stated he would not lease the building for special events and should he desire to do so in the future he would amend his current zoning to add an events center as an allowable use. A motion was made to approve the request, as amended, including all staff recommendations and comments except that of denial. The motion carried by a vote of 7 ayes, 1 no, 2 absent and 1 open position. 4