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HomeMy WebLinkAboutZ-8524 Staff AnalysisFebruary 24, 2011 ITEM NO.: D NAME: LOCATION: OWNER/APPLICANT ZAG Investments Event Center — Conditional Use Permit 6014 Forbing Road ZAG Investments/Patrick McGetrick FILE NO.: Z-8524 PROPOSAL: A conditional use permit is requested to allow use of a portion of the existing building on this 1-2 zoned tract as a special event center. SITE LOCATION: The site is located on the north side of Forbing Road, one lot west of Geyer Springs Road. 2. COMPATIBILITY WITH NEIGHBORHOOD: The site is located in an area of mixed zoning and uses; including commercial, residential and industrial. A C-3 zoned strip center is adjacent to the east. Additional commercial uses are located along Geyer Springs Road, east of the site. Vacant C-4 and 1-2 zoned buildings are located across Forbing Road to the south. A variety of light industrial and warehouse uses are located along Forbing Road, extending west to University Avenue. The 1-2 zoned property adjacent to the west contains a vacant building, an office and a residence. A small, R-2 zoned single family neighborhood is located adjacent to the north. All owners of properties located within 200 feet of the site, all residents within 300 feet who could be identified and the SWLR United for Progress and Wakefield Neighborhood Associations were notified of this request. 3. ON SITE DRIVES AND PARKING: 5,000 square feet of the existing building are proposed to be used for the event center, requiring 50 on -site parking spaces. The remaining 5,000 square feet of the building are to be used for warehousing, requiring 7 spaces. The site contains paved parking for 62 spaces. Access to the site is provided via two driveways off of Forbing Road. 4. SCREENING AND BUFFERS: Site plan must comply with the City's landscape and buffer ordinance requirements. February 24, 2011 ITEM NO.: D (Cont. 5 FILE NO.: Z-8524 An upgrade may be required if the rehabilitation of the structure exceeds fifty percent (50%) of the current replacement cost. PUBLIC WORKS COMMENTS: 1. Forbing Road is classified on the Master Street Plan as a minor arterial. A dedication of right-of-way forty-five (45) feet from centerline will be required. 2. Obtain a franchise agreement from Public Works (Bennie Nicolo, 371-4818) for the private improvements located in the right-of-way. These improvements include such items as irrigation system, landscaping, signage, parking areas, gates, fence, etc... 6 UTILITY. FIRE DEPT. AND CATA COMMENT Wastewater: Sewer available to this project. Entergy: No comments received. Centerpoint Energy: No comments received. AT&T (SBC): No comments received. Water: No objection. All Central Arkansas Water requirements in effect at the time of request for water service must be met. The Little Rock Fire Department needs to evaluate this site to determine whether additional public and/or private fire hydrant(s) will be required. If additional fire hydrant(s) are required, they will be installed at the Developer's expense. Please submit plans for water facilities and/or fire protection system to Central Arkansas Water for review. Plan revisions may be required after additional review. Contact Central Arkansas Water regarding procedures for installation of water facilities and/or fire service. Approval of plans by the Arkansas Department of Health Engineering Division and Little Rock Fire Department is required. Contact Central Arkansas Water regarding the size and location of the water meter. 2 February 24, 2011 NO.: D (Cont, FILE NO.: Z-8524 A Capital Investment Charge based on the size of meter connection(s) will apply to this project in addition to normal charges. This fee will apply to all connections including metered connections off the private fire system. Fire Department: Fire sprinklers may be required. Contact Fire Marshall's office at 918-3757. County Planning: No Comments. CATA: The site is located on a CATA bus route. SUBDIVISION COMMITTEE COMMENT: (FEBRUARY 18, 2010) Patrick McGetrick and the property owners Sharon and James Robinson were present. Staff presented the item and noted additional information was needed regarding signage, dumpster location and screening and the bill of assurance. Staff informed the Committee that the applicant's cover letter indicated "no alcohol will be sold at the site". Staff asked for further clarification on the issue of alcohol consumption at the site. Staff asked if noise mitigation measures would be taken to reduce the potential impact on the adjacent residential properties. Staff noted the proposed change in occupancy would require compliance with building code and fire code requirements related to such issues as sprinklers, exits and restrooms. The applicants were advised to visit with those agencies to determine the feasibility of having this use occupy the building. The applicant responded that the building already had a sprinkler system but they would visit with the Building Codes and Fire Department Staff about any other issues. Public Works and Utility Comments were noted. The applicants were encouraged by a member of the Committee to meet with neighbors. The applicants were instructed to respond to staff issues by February 24, 2010. The Committee forwarded the item to the full Commission. STAFF ANALYSIS: A conditional use permit is requested to allow for use of a portion of the building located on the 1-2 zoned property at 6014 Forbing Road as an event center. The property is occupied by a 10,000± square foot building and paved parking for 62 vehicles. Most recently, the property was occupied by an equipment rental business. The building is "T" shaped. The upper (rear) end of the "T" contains approximately 5,000 square feet and is proposed to continue to be used as 3 February 24, 2011 ITEM NO.. D (Cont.) FILE NO.: Z-8524 warehouse space. The lower (front) of the "T" contains approximately 5,000 square feet and is proposed for use as the event center. The two sections of the "T" are connected by a covered drive. The property is enclosed by an 8 foot tall chain link fence with two gates at the driveways off of Forbing Road. The hours of operation for the event center are proposed as 7:00 a.m. to 1:00 a.m., seven days a week. The applicant states it is not likely the facility will actually be used every day. The applicant submitted the following statement describing the proposed event center: This center is to be used primarily for private parties for anniversaries, wedding receptions, birthdays, etc. Where it will not be open seven days a week, it will be offered to rent any day of the week. It is our intention to limit functions to small groups and not for the purpose of concerts, etc. Individuals will rent the building for their functions and either supply their own items such as tables and chairs, or rent them. Where food may be brought in and served, it will not be prepared at this site. Hours of operation could be any time between 7:00 a.m. and 1:00 a.m. Alcohol events will be structured as part of the overall program, and individuals remain the responsibility of the contact person holding the event. Alcohol will only be available under the following conditions: a. An appropriate licensed caterer will be contracted by the individual leasing the building to supply food and drink to be provided at no cost to the guest or; b. The party will be by invitation only and food and drink will be provided by the individual renting the site. Proof of invitation will be provided at the door, with the contact person being responsible for verifying the age of the individual served. There will be no brown bagging, cash bars, or selling of "Drink tickets". No alcohol will be allowed outside of the building. All City of Little Rock, State of Arkansas guidelines, requirements and regulations will be strictly adhered to. Since there is no Center like this in Southwest Little Rock, we hope to bring the community together at times of celebration. 9 February 24, 2011 ITEM NO.: D (Cont. FILE NO.: Z-8524 The applicant did submit responses to the questions raised at Subdivision Committee. Some of those are covered by the statement above. Home Acres Subdivision was platted in 1924 and a copy of the bill of assurance could not be located. The existing ground -mounted pole sign will be used. A dumpster and required screening are indicated at the north end of the east side parking lot. Right-of-way dedication has been indicated and a franchise will be requested for the sign, fence, gates and 4 parking spaces which will be in the new right-of-way. The applicant states any impact on the residential properties behind the site will be mitigated by the fact that all activities for the event center will take place in the front portion of the building which is located approximately 100 feet south of the property line separating this property from the adjacent residential properties. All activities will be restricted to the interior of the building. The applicant has spoken with Building Codes and Fire Department Staff regarding the change in occupancy. The building is currently sprinkled. An additional fire hydrant may need to be installed. The existing restrooms will need to be modified to meet current code standards. The applicant is proposed to comply with any requirements. As this agenda is being prepared, the Board of Directors is considering passing a resolution establishing a six (6) month moratorium on the approval of any applications for event centers, including any which may be pending at any stage of the planning process. The Board is scheduled to act on the resolution at their March 2, 2010 meeting. Staff will present an update to the Commission and a recommendation on this application at the March 11, 2010 meeting. STAFF RECOMMENDATION- Staff's recommendation is forthcoming. PLANNING COMMISSION ACTION: (MARCH 11, 2010) The applicants were not present. There were no objectors present. Staff informed the Commission that, on March 2, 2010, the Board of Directors had passed a resolution establishing a six (6) month moratorium on the approval of any special event centers. Staff recommended deferral of the item to the October 7, 2010 Commission meeting. There was no further discussion. The item was placed on the consent agenda and approved for deferral by a vote of 9 ayes, 0 noes and 2 absent. 5 February 24, 2011 ITEM NO.: D(Cont.)FILE NO.: Z-8524 STAFF UPDATE AND RECOMMENDATION: On August 17, 2010, the Board of Directors passed Resolution No. 13,183 extending the moratorium on applications for Special Event Centers for an additional 60 days; through November 2, 2010. Staff recommends deferral of this item to the November 18, 2010 Commission meeting. LANNING COMMISSION ACTION: (OCTOBER 7, 2010) The applicant was not present. There were no objectors present. Staff informed the Commission that, on August 17, 2010, the Board of Directors had passed Resolution No. 13, 183 extending the moratorium on applications for special event centers for an additional 60 days; through November 2, 2010. Staff recommended deferral of the item to the November 18, 2010 meeting. There was no further discussion. The item was placed on the consent agenda and approved for deferral by a vote of 11 ayes, 0 noes and 0 absent. STAFF UPDATE AND RECOMMENDATION: On November 1, 2010, the Board of Directors passed a resolution extending the moratorium on applications for event centers through January 31, 2011. Staff recommends deferral of this item to the February 24, 2011 Commission meeting. PLANNING COMMISSION ACTION: (NOVEMBER 18, 2010) The applicant was not present. There were no objectors present. Staff informed the commission that on November 1, 2010, the Board of Directors passed a resolution extending the moratorium on applications for event centers through January 31, 2011. Staff recommended deferral of the item to the February 24, 2011 meeting. There was no further discussion. The item was placed on the consent agenda and approved for deferral by a vote of 8 ayes, 0 noes, 1 absent and 2 open positions. n February 24, 2011 ITEM NO.: D Cont. FILE NO.: Z-8524 STAFF REPORT: On February 1, 2011, the Board of Directors passed Ordinance No. 20,396 which amended the Zoning Ordinance for the purpose of establishing regulations for event centers. Event Centers are now permitted only as a conditional use in the C-2, C-3 and UU Zoning Districts. This property is zoned 1-2 and does not qualify for consideration as a conditional use for an event center. If the applicant desires to pursue such a use at this site, the property will need to be rezoned. Staff recommends withdrawal of this C.U.P. application. PLANNING COMMISSION ACTION: (FEBRUARY 24, 2011) The applicant was not present. There were no other interested parties present. Staff presented the item and recommended withdrawal as noted in the "staff recommendation" above. There was no further discussion. The item was placed on the consent agenda and approved for withdrawal by a vote of 11 ayes, 0 noes and 0 absent. 7