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HomeMy WebLinkAboutZ-8546 Staff AnalysisAugust 12, 2010 ITEM NO.: C NAME: Junior Martinez Long -form PID LOCATION: Located at 4200 Hoerner Road DEVELOPER: Junior Martinez C/o Davidson Law Firm Attn. Skip Davidson 724 Garland Street Little Rock, AR 72201 SURVEYOR: Brooks Surveying 20820 Arch Street Pike Hensley, AR 72065 AREA: 12.94 acres CURRENT ZONING ALLOWED USES PROPOSED ZONING NUMBER OF LOTS: 1 1-2, Light Industrial District Industrial NED FILE NO.: Z-8546 FT. NEW STREET: 0 LF PROPOSED USE: 1-2, Light Industrial District — Add Bar, Tavern or Lounge to the allowed uses VARIANCESNVAIVERS REQUESTED: 1. A deferral of the required parking lot paving for the new parking areas for a period of six (6) months after approval by the City or by the ABC Board which ever occurs later. A. PROPOSAL/REQUEST/APPLICANT'S STATEMENT: The request is a rezoning of the site from 1-2, Light Industrial District to PID to add a bar, lounge or tavern as an allowable use for the property. The applicant is proposing the use of the property as a Mexican Restaurant and bar. The business will have dancing, live and deejay music and food and alcohol sales. August 12, 2010 SUBDIVISION ITEM NO.: C (Cont. FILE NO.: Z-8546 The hours of operation for the restaurant/bar are proposed as Friday and Saturday nights from 6 pm to 2 am for ages 18 and older. On Sunday the hours of operation will be from 10 am to 6 pm for all ages. A portion of the restaurant/bar will be available for private parties. The site contains approximately 12.94 acres with a total of 127,788 square feet of warehouse/office space. The applicant's proposed venue would utilize approximately 19,200 square feet on the north end of the building. The remaining space is vacant or occupied by other office/warehouse tenants. An eight (8) foot by fifty (50) foot wood deck will be added at the entrance of the business for outside seating and lounge only. There will be no alcohol or smoking allowed on the deck or anywhere outside the venue. There will be no smoking allowed inside the venue at any time. No permanent sign will be installed on the street. Only a four (4) foot by twelve (12) foot sign will be installed on the west side of the building over the deck and to the left of the entrance at the location. There will be a minimum of one (1) parking space per one hundred (100) square feet of occupied building space for the bar area. Existing parking includes approximately one hundred forty-four (144) parking spaces and forty-nine (49) additional parking spaces are proposed. Access to the site includes one (1) existing entrance from Patterson Road. The applicant is requesting a period of six (6) months from the date of zoning and/or ABC permit approval whichever is later to install the proposed additional paved parking areas and paved access to the parking areas. The proposed use of the site is in violation of the Bill of Assurance for the subdivision. The Bill of Assurance states - The property hereinabove described shall be used only for industrial, manufacturing, warehousing or distribution purposes, and shall not be used for residential purposes. No industry or other business shall be established, maintained or permitted on said lands which produces objectionable smoke, dust or noise other than that normally found in a manufacturing industrial, distribution and warehousing area. B. EXISTING CONDITIONS: The property is located within the 65th Street Industrial area. The property is being used as office/warehouse with various users and there is additional vacant space located in the building. The area is primarily occupied by industrial uses. To the northeast is the City of Little Rock Wastewater Utility overflow detention basin. Further north is the Fourche Creek. The Wakefield and Geyer Springs Neighborhoods are located to the northwest and west of the site. 2 August 12, 2010 SUBDIVISION ITEM NO.: C Cont. FILE NO.: Z-8545 Hoerner and Patterson Roads have been constructed as industrial streets. There is a railroad spur located along the eastern perimeter of the site. C. NEIGHBORHOO❑ COMMENTS: As of this writing, staff has received several informational phone calls from area residents. All property owners located within 200 feet of the site, all residents who could be identified located within 300 feet of the site, the Upper Baseline Neighborhood Association, the Wakefield Neighborhood Association, the Geyer Springs Neighborhood Association and the Southwest Little Rock United for Progress were notified of the public hearing. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: 1. A 20 foot radial dedication of right-of-way is required at the intersection of Patterson Road and Hoerner Road. 2. For the fence encroachment in the area of the 20 foot radial dedication, obtain a franchise agreement from Public Works (Bennie Nicolo, 371-4818) for the private improvements located in the right-of-way. 3. Repair or replace any curb and gutter or sidewalk that is damaged in the public right-of-way prior to occupancy. E. UTILITIES ITIES AND FIRE DEPARTMENT./COUNTY PLANNING: Wastewater: Sewer available to this project. Enter : No comment received. Center -Point Enerav: No comment received. AT & T: No comment received. Central Arkansas Water: All Central Arkansas Water requirements in effect at the time of request for water service must be met. Contact Central Arkansas Water if additional fire protection or metered water service is required. Due to the nature of this facility, installation of an approved reduced pressure zone backflow preventer assembly (RPZ) is required on the domestic water service. This assembly must be installed prior to the first point of use. Central Arkansas Water (CAW) requires that upon installation of the RPZA, successful tests of the assembly must be completed by a Certified Assembly Tester licensed by the 3 August 12, 2010 SUBDIVISION ITEM NO.: C. Cont. FILE NO.: Z-8546 State of Arkansas and approved by CAW. The test results must be sent to CAW's Cross Connection Section within ten days of installation and annually thereafter. Contact the Cross Connection Section at 377-1226 if you would like to discuss backflow prevention requirements for this project. Fire Department: Place fire hydrants per code. Contact the Little Rock Fire Department for additional information. Count Planning: No comment. CATA: No comment received. Parks and Recreation: No comment received. F. ISSUES/TECHNICAL/DESIGN: Planning Division: This request is located in the 65th Street East Planning District. The Land Use Plan shows Industrial for this property. The applicant has applied for a rezoning from 1-2, Light Industrial Distrct to Planned Industrial Development to add a bar, lounge or tavern as an allowable use for the site. The request does not require a change to the Land Use Plan. This area is covered by the Upper Baseline Neighborhood Plan. The Economic Development goal states "Retain existing businesses, and when necessary, find new businesses to replace those that close." Master Street Plan: Patterson Road is shown as a Collector. The primary function of a Collector Street is to provide a connection from Local Streets to Arterials. Hoerner Road is shown as a Local Street. The primary function of a Local Street is to provide access to adjacent properties. Local Streets which are abutted by non-residential zoning/use or more intensive zoning than duplexes are considered as "Commercial Streets". These streets have a design standard the same as a Collector. These streets may require dedication of right-of-way and may require street improvements for entrances and exits to the site. Bicycle Plan: A Class III is shown on Patterson Road. A Class III bikeway is a signed route on a street shared with traffic. No additional paving or right-of-way is required. Class III bicycle route signage may be required. Landscape: 1. Site plan must comply with the City's landscape and buffer ordinance requirements. H August 12, 2010 SUBDIVISION ITEM NO.: C (Cont.) FILE NO.: Z-8546 2. Trees being planted on the property is both encouraged and appreciated by the City of Little Rock and the City Beautiful Commission. 3. Landscaping will be required in conjunction with any new parking areas. G. SUBDIVISION COMMITTEE COMMENT: (April 29, 2010) Ms. Karen King was present representing the request. Staff presented an overview of the request stating they had concerns as to the use of the site and felt the use was a special events center based on the hours of operation. Staff stated the site could not be leased as a special events center with the current zoning request. Staff questioned how the liquor license and business license would be issued. Ms. King stated the business was a bar business and all licenses would be for a bar. She stated there would be an area available for lease for special occasions but that would not be the sole use of the property. She stated even if there was a private party the bar would be open to other persons as well. Staff stated the bar use of the site would potentially generate a parking demand equal to the existing and proposed new parking. Staff questioned the other users within the building and the parking required to meet their needs. Ms. King stated the other businesses operated from 8 am to 5 pm and were very seldom on site during the hours of operation proposed for the bar. Public Works comments were addressed. Staff stated a radial dedication of right of way was required at the intersection of Patterson and Hoerner Roads. Staff stated they would not support a waiver of the required right of way dedication. Ms. King stated she would contact the owners to discuss the right of way requirement. Landscaping comments were addressed. Staff stated any new parking areas would require landscaping per the Landscape Ordinance. Staff noted comments from the other reporting departments and agencies suggesting the applicant contact them individually for additional clarification. There was no further discussion of the item. The Committee then forwarded the item to the full Commission for final action. H. ANALYSIS: Ms. King submitted a revised site plan and cover letter addressing the issues raised at the April 29, 2010, Subdivision Committee meeting. The property owner now agrees to the radial dedication of right of way at the intersection of Patterson and Hoerner Roads if the zoning request is approved. The revised cover letter states the liquor license will be for a bar use. A license for a restaurant requires a full course meal to be served at least six (6) days per 5 August 12, 2010 SUBDIVISION ❑.: C (Cont.) FILE NO.: Z-8546 week. The applicant is proposing the hours of operation to be from 6 pm to 2 am Friday and Saturday nights and from 10 am to 6 pm on Sunday. The applicant has indicated food and alcohol sales will be available for sale and consumption during the business is open. The business will have dancing, live and deejay music in addition to the food and alcohol sales. The site contains approximately 12.94 acres with a total of 127,788 square feet of warehouse/office space. The applicant's proposed venue would utilize approximately 19,200 square feet on the north end of the building. The remaining space is vacant or occupied by other office/warehouse tenants. Within the 19,200 square feet proposed for occupancy by this user there will have a bar area, a dining area and dance floor. The dining area will contain three (3) areas of 100 feet by 24 feet for a total of 7,200 square feet which can be utilized by large dining parties when customers want to have separation from the general public seating. These areas will not be walled separately but will be open to the remainder of the space and will be available only when the business is open. The request is a rezoning of the site from 1-2, Light Industrial District to PID to add a bar, lounge or tavern as an allowable use for the property. The applicant is proposing the use of the property as a Mexican Restaurant and bar. The business will have dancing, live and deejay music and food and alcohol sales. The hours of operation for the restaurant/bar are proposed as Friday and Saturday nights from 6 pm to 2 am for ages 18 and older. On Sunday the hours of operation will be from 10 am to 6 pm for all ages. A portion of the restaurant/bar will be available for private parties. An eight (8) foot by fifty (50) foot wood deck will be added at the entrance of the business for outside seating and lounge only. There will be no alcohol or smoking allowed on the deck or anywhere outside the venue. There will be no smoking allowed inside the venue at any time. No permanent sign will be installed on the street. Only a four (4) foot by twelve (12) foot sign will be installed on the west side of the building over the deck and to the left of the entrance at the location. No electronic signage is proposed. There will be a minimum of one (1) parking place per one hundred (100) square feet of occupied building space of the bar area. The existing parking on site includes approximately one hundred forty-four (144) parking spaces and forty-nine (49) additional parking spaces are proposed. The applicant is requesting a period of six (6) months from the date of zoning and/or ABC permit approval whichever is later to install the proposed additional paved parking areas 0 August 12, 2010 SUBDIVISION ITEM NO.: C (Cont. FILE NO.: Z-854 and paved access to the parking areas. The zoning ordinance requires all wheeled surfaces to be constructed of a hard surface material. The parking as proposed does not allow for adequate parking for the remaining warehouse space on site. According to the applicant other tenants are warehouse users with minimal office space. The remaining tenants are open during regular business hours. The hours of operation of the other users within the building typically will not overlap. If parking becomes an issue the property owner will require additional parking to be installed per City requirements and subject to City approval. Staff has concerns with the development and the use of the property. Staff feels the proposed use of the property is more in line with a special events center than that of a restaurant/bar based on the hours of operation and the use of the site on Sunday for family activities. Resolution #13,096 adopted by the Little Rock Board of Directors on March 2, 2010, established a six (6) month moratorium stating no applications new or pending at any stage of the planning process shall be granted for a business that will be a special events center as the term is currently used by the Planning and Development Department. Staff has forwarded this item to the City Attorney's Office to determine if the use of the property is that of a special events center or as the applicant has indicated a restaurant/bar. STAFF RECOMMENDATION: Staff recommends deferral of this item to the July 1, 2010, public hearing to allow the City Attorney's office adequate time to review the request and determine if the use can move forward to the Planning Commission and Board of Directors for final action. PLANNING COMMISSION ACTION: (MAY 20, 2010) Mr. Skip Davidson and Mr. Junior Martinez were present representing the request. Staff presented the item stating their recommendation was to defer the item to the July 1, 2010, public hearing to allow staff time to understand the application request. Staff stated the original application was for a special events center and was modified when staff stated they could not process the request. Staff stated once they raised concerns with the use of the property with a private room for parties this was also removed from the request. Staff `stated with the use of the property on Sunday for family activities this increased staff's concerns that the center would be used as a special events center. Staff stated they continued to request a deferral of the item but if the item was moved forward staff could not support the item based on their not knowing how the site would be used. 7 August 12, 2010 SUBDIVISION EM NO.: C (Co FILE NO.: Z-8546 Mr. Skip Davidson addressed the Commission on the merits of the request. He stated Mr. Martinez was requesting the use of the building as a bar. He stated the use would not be a special events center. He requested Mr. Martinez provide the Commission with his business plan. Mr. Martinez addressed the Commission stating his business would be a bar. He stated he had been locking for a site for five (5) years to open his business. He stated currently there was nothing in Little Rock like the bar he planned of operate. He stated the business would have live music and dancing. He stated currently he and his wife had to leave Little Rock to find this type entertainment. He stated his business would employ security to provide a safe place for his customers. Mr. Presley Melton addressed the Commission in opposition of the request. He stated his family had been in business since the 1940's and in the 1980's it was time to move from downtown Little Rock. He stated a great deal of research went into picking a location for their business. He stated the family settled on the 65th Street Industrial Park because of the look of the park and the bill of assurance for the subdivision. He stated his business was a 24 hour a day business. He stated currently the employees and the vendors felt safe because there were few cars in the area late night. He stated with the introduction of the bar open to 2:00 am this would generate traffic on the area streets that had not been there in the past. He stated with the addition traffic there was a potential for additional crime. He stated the proposed use of the property as a bar was not in keeping with the zoning or the bill of assurance for the subdivision. Ms. Jo Melton addressed the Commission in opposition. She stated the family bought in the 65th Street Industrial Park area because of the bill of assurance for the subdivision. She stated the business was a 24-hour a day 7-day a week business. She stated a number of the vendors would reach the site and have to wait for someone to let them in. She stated currently the vendors were not afraid to stay in the parking lot and wait. She stated with the addition of the bar there would be traffic in the area that might not otherwise be there. She stated if the request was approved then other businesses in the area might also request an exception to the bill of assurance. Mr. Davidson stated the bill of assurance allowed for commercial development. He stated there was a restaurant and bar located in the area. He stated Mr. Martinez would provide security and the bar would only provide one access to the site. He stated parking should not be a concern because if additional parking was required there was sufficient area to pave additional spaces. Chairman Yates stated the Commission was not bound by bills of assurances but could review the bill of assurance when discussing an item. He stated he felt the bill of assurance important and did rely on them when buying and selling property. P; August 12, 2010 SUBDIVISION ITEM NO.: C (Cont. FILE NO.: Z-8546 Ms. Karen King addressed the Commission. She stated the license Mr. Martinez would operate under would be a bar license that would allow the sale of on premise beer and wine. She stated according to the ABC office this license would allow the sale of beer and wine on Sunday. She stated the bar would not be rented to any one for any event. The bar would be open to the public at all times. There was a general discussion by the Commission concerning the request and staff's concerns as to the use. The Commission questioned if they could defer an item. Deputy City Attorney Dawson stated the Commission did have the option of deferring the item. A motion was made to defer the item to the July 1, 2010, public hearing. The motion carried by a vote of 6 ayes, 0 noes 5 absent. STAFF UPDATE There has been no change to this application request since the previous public hearing. It is staff's opinion the use of the property is a special events center. Based on the use of the property the application should be deferred until after the moratorium has been lifted by the Board of Directors. PLANNING COMMISSION ACTION: (JULY 1, 2010) The applicant was not present. There were registered objectors present. Staff presented the item stating the applicant had submitted a request dated July 1, 2010, requesting a deferral of the item to the August 12, 2010, public hearing. Staff stated the deferral request would require a waiver of the Commission's By-laws with regard to the late deferral request. Staff stated they were supportive of the deferral request. There was no further discussion of the item. A motion was made to approve the By-law waiver with regard to the late deferral request. The motion carried by a vote of 9 ayes, 0 noes and 2 absent. The Chair entertained a motion for approval of the item on the consent agenda as presented by staff. The motion carried by a vote of 9 ayes, 0 noes and 2 absent. STAFF UPDA The applicant submitted a request for withdrawal of this item on July 30, 2010. Staff is supportive of the withdrawal request. I August 12, 2010 SUBDIVISION ITEM NO.: C (Cont. FILE NO.: Z-8546 PLANNING COMMISSION ACTION: (AUGUST 12, 2010) The applicant was not present. There were no registered objectors present. Staff presented the item stating the applicant had submitted a request for withdrawal of the item on July 30, 2010. Staff stated they were supportive of the withdrawal request. There was no further discussion of the item. The chair entertained a motion for approval of the item as presented by staff. The motion carried by a vote of 7 ayes, 0 noes, 3 absent and 1 open position. I ITEM NO.: 8. NAME: Junior Martinez Long -form PID LOCATION: located at 4200 Hoerner Road Planning Staff Comments: Z-8546 1. Provide notification of property owners located within 200-feet of the site, complete with the certified abstract list, notice form with affidavit executed and proof of mailing. The notice must be mailed no later than May 5, 2010. The Office of Planning and Development must receive the proof of notice no later than May 14, 2010. Done, slips attached. 2. The cover letter indicates the use of the property as a restaurant and bar. Will the liquor license be for a restaurant or a bar? Bar, because restaurant license requires a full course meal be served at least 6 days per week and at this time Mr. Martinez does not wish to commit to this requirement. A restaurant is an allowed use under the existing 1-2, Light Industrial Zoning District. Venue will have a dining area with bar along with a dance floor and stage for live music or deejay. There will be 3 areas of 100' X 24' for a total of 7,200 square feet which can be utilized by large dining parties or for birthdays, etc... where people want to have some separation from the general public seating. These areas however will not be walled separately but will be open to the remainder of the space and will be available only when the business is open. 3. The use of the property as a bar or restaurant would typically require the placement of 192 parking spaces. The site plan appears to contain 144 existing spaces and 47 spaces are proposed. 27 existing spaces added to plat inadvertently left off the previous. There is a large portion of the building that is not being occupied by the proposed restaurant/bar use. What are the uses and the hours of operation of the remaining tenants? What is the parking agreement with the remaining tenants? If the remaining tenants require parking during the operational hours of the restaurant/bar how will this be addressed? Other Tenants are warehouse with minimal office and are open during regular business hours. Although if parking were for some reason to become an issue, the Landlord / Property Owner will require additional parking be installed per city requirements and subject to city approval. 4. The cover letter indicates no ground signage is proposed. A building sign located above the proposed deck is indicated as 4-foot by 12-foot or 48 square feet. 5. Will any of the signage contain an electronic reader board? No electronic reader. Sign is 4 foot high, 12 foot long; frame covered in stucco, letters will be stucco as well. Sign will hang on the fagade as shown on site plan. 6. The building must meet all fire department and building code requirements including sprinkler system, entrances and exits and restroom facilities will Item # A. have to be brought up to "code". Contact David McClymont at 371-4875. David is out of the office until May 10th. Mr. Martinez has had a preliminary inspection with Barry Burke of the Little Rock Fire Department. Owner will adhere to all codes and regulations. New restrooms will be built / installed per local, city, and federal ADA codes. We will contact David on May 10th when he returns for additional requirements. 7. The proposed use of the site is in violation of the bill of assurance for the subdivision. The BOA states - The property hereinabove described shall be used only for industrial, manufacturing, warehousing or distribution purposes, and shall not be used for residential purposes. No industry or other business shall be established, maintained or permitted on said lands which produces objectionable smoke, dust or noise other than that normally found in a manufacturing industrial, distribution and warehousing area. There will be no additional smoke or dust caused by this business. The space was previously an industrial freezer with walls made of thick concrete. Noise will be contained. Ample security will be provided throughout the space and parking areas to ensure no nuisance or excess noise is created by patrons coming and going. 8. Provide details of any existing or proposed dumpster facilities located on the site. 1 existing dumpster and 1 proposed as shown on amended site plan. Variance/Waivers: 1. A deferral of the required paving for the additional parking for a period of six months after approval by the City or by the ABC Board which ever occurs later. 2. A waiver of the required right of way dedication. Public Works Conditions: 1. A 20 foot radial dedication of right-of-way is required at the intersection of Patterson Road and Hoerner Road. Owner does not agree to dedication. Property Owner will agree dedication only in the event that the project receives final approval and PID is issued. 2. For the fence encroachment in the area of the 20 foot radial dedication, obtain a franchise agreement from Public Works (Bennie Nicolo, 371-4818) for the private improvements located in the right-of-way. Same as above except that Property Owner reserves the right to move the fence back inside of the easement rather than obtaining franchise agreement. 3. Repair or replace any curb and gutter or sidewalk that is damaged in the public right-of-way prior to occupancy. Same as above, only upon approval and PID is issued. Utilities and Fire Department/County Planning: Wastewater: Sewer available to this project. Item 4 A. Entergy: No comment received. Center -Point Energy: No comment received. AT & T: No comment received. Central Arkansas Water: All Central Arkansas Water requirements in effect at the time of request for water service must be met. Contact Central Arkansas Water if additional fire protection or metered water service is required. Due to the nature of this facility, installation of an approved reduced pressure zone backflow preventer assembly (RPZ) is required on the domestic water service. This assembly must be installed prior to the first point of use. Central Arkansas Water (CAW) requires that upon installation of the RPZA, successful tests of the assembly must be completed by a Certified Assembly Tester licensed by the State of Arkansas and approved by CAW. The test results must be sent to CAW's Cross Connection Section within ten days of installation and annually thereafter. Contact the Cross Connection Section at 377-1226 if you would like to discuss backflow prevention requirements for this project. CAW provided this requirement to Property Owner less than 30 days ago and RPZ is scheduled to be installed this week and will be tested by a licensed tester within the required 10-day period after installation and annually thereafter. Fire Department: Place fire hydrants per code. Contact the Little Rock Fire Department for additional information. Barry Burke, Little Rock Fire Marshall, 501-918-3754, has confirmed that there are existing hydrants, water, and sprinklers needed for the property and project. Also, he will have to determine maximum occupancy upon inspection for certificate when all content has been placed inside. Mr. Martinez will not exceed maximum occupancy allowed by the Little Rock Fire Department. County Planning: No comment. CATA: No comment received. Parks and Recreation: No comment received. Planning Division: This request is located in the 65t" Street East Planning District. The Land Use Plan shows Industrial for this property. The applicant has applied for a rezoning from 1-2, Light Industrial District to Planned Industrial Development to add a bar, lounge or tavern as an allowable use for the site. The request does not require a change to the Land Use Plan. This area is covered by the Upper Baseline Neighborhood Plan. The Economic Development goal states "Retain existing businesses, and when necessary, find new businesses to replace those that close." Item # A. Master Street Plan: Patterson Road is shown as a Collector. The primary function of a Collector Street is to provide a connection from Local Streets to Arterials. Hoerner Road is shown as a Local Street. The primary function of a Local Street is to provide access to adjacent properties. Local Streets which are abutted by non-residential zoning/use or more intensive zoning than duplexes are considered as "Commercial Streets". These streets have a design standard the same as a Collector. These streets may require dedication of right-of-way and may require street improvements for entrances and exits to the site. Bicycle Plan: A Class III is shown on Patterson Road. A Class III bikeway is a signed route on a street shared with traffic. No additional paving or right-of-way is required. Class III bicycle route signage may be required. Landscape: 1. Site plan must comply with the City's landscape and buffer ordinance requirements. 2. Trees being planted on the property is both encouraged and appreciated by the City of Little Rock and the City Beautiful Commission. 3. A small amount of landscaping may be required in conjunction with any new parking areas. The property is abundant with trees, green areas and shrubbery. There will be no disturbance to such along any border of the property and minimal disturbance if any to the interior. There will be no trees cut from the property for this project. Revised plat/plan: Submit four (4) copies of a revised preliminary plat/plan (to include the additional information as noted above) to staff on Wednesday, May 5, 2010. Item # A. ITEM NO.: 8. NAME: Junior Martinez Long -form PID LOCATION: located at 4200 Hoerner Road Planning Staff Comments: Z-8546 1. Provide notification of property owners located within 200-feet of the site, complete with the certified abstract list, notice form with affidavit executed and proof of mailing. The notice must be mailed no later than May 5, 2010. The Office of Planning and Development must receive the proof of notice no later than May 14, 2010. 2. The cover letter indicates the use of the property as a restaurant and bar. Will the liquor license be for a restaurant or a bar? A restaurant is an allowed use under the existing 1-2, Light Industrial Zoning District. 3. The use of the property as a bar or restaurant would typically require the placement of 192 parking spaces. The site plan appears to contain 144 existing spaces and 47 spaces are proposed. There is a large portion of the building that is not being occupied by the proposed restaurant/bar use. What are the uses and the hours of operation of the remaining tenants? What is the parking agreement with the remaining tenants? If the remaining tenants require parking during the operational hours of the restaurant/bar how will this be addressed? 4. The cover letter indicates no ground signage is proposed. A building sign located above the proposed deck is indicated as 4-foot by 12-foot or 48 square feet. 5. Will any of the signage contain an electronic reader board? 6. The building must meet all fire department and building code requirements including sprinkler system, entrances and exits and restroom facilities will have to be brought up to "code". Contact David McClymont at 371-4875. 7. The proposed use of the site is in violation of the bill of assurance for the subdivision. The BOA states - The property hereinabove described shall be used only for industrial, manufacturing, warehousing or distribution purposes, and shall not be used for residential purposes. No industry or other business shall be established, maintained or permitted on said lands which produces objectionable smoke, dust or noise other than that normally found in a manufacturing industrial, distribution and warehousing area. 8. Provide details of any existing or proposed dumpster facilities located on the site. Variance/Waivers: 1. A deferral of the required paving for the additional parking for a period of six months after approval by the City or by the ABC Board which ever occurs later. 2. A waiver of the required right of way dedication. Public Works Conditions: 1. A 20 foot radial dedication of right-of-way is required at the intersection of Patterson Item # 8. Road and Hoerner Road. 2. For the fence encroachment in the area of the 20 foot radial dedication, obtain a franchise agreement from Public Works (Bennie Nicolo, 371-4818) for the private improvements located in the right-of-way. 3. Repair or replace any curb and gutter or sidewalk that is damaged in the public right- of-way prior to occupancy. Utilities and Fire Department/County Planning: Wastewater: Sewer available to this project. Entergy: No comment received. Center -Point Enerav: No comment received. AT & T: No comment received. Central Arkansas Water: All Central Arkansas Water requirements in effect at the time of request for water service must be met. Contact Central Arkansas Water if additional fire protection or metered water service is required. Due to the nature of this facility, installation of an approved reduced pressure zone backflow preventer assembly (RPZ) is required on the domestic water service. This assembly must be installed prior to the first point of use. Central Arkansas Water (CAW) requires that upon installation of the RPZA, successful tests of the assembly must be completed by a Certified Assembly Tester licensed by the State of Arkansas and approved by CAW. The test results must be sent to CAW's Cross Connection Section within ten days of installation and annually thereafter. Contact the Cross Connection Section at 377-1226 if you would like to discuss backflow prevention requirements for this project. Fire Department: Place fire hydrants per code Department for additional information. County Planning: No comment. CATA: No comment received. Parks and Recreation: No comment received. Contact the Little Rock Fire Planning Division: This request is located in the 65th Street East Planning District. The Land Use Plan shows Industrial for this property. The applicant has applied for a rezoning from 1-2, Light Industrial Distrct to Planned Industrial Development to add a bar, lounge or tavern as an allowable use for the site. The request does not require a change to the Land Use Plan. This area is covered by the Upper Baseline Neighborhood Plan. The Economic Development goal states "Retain existing businesses, and when necessary, find new businesses to replace those that close." Item # 8. Master Street Plan: Patterson Road is shown as a Collector. The primary function of a Collector Street is to provide a connection from Local Streets to Arterials. Hoerner Road is shown as a Local Street. The primary function of a Local Street is to provide access to adjacent properties. Local Streets which are abutted by non-residential zoning/use or more intensive zoning than duplexes are considered as "Commercial Streets". These streets have a design standard the same as a Collector. These streets may require dedication of right-of-way and may require street improvements for entrances and exits to the site. Bicycle Plain: A Class III is shown on Patterson Road. A Class III bikeway is a signed route on a street shared with traffic. No additional paving or right-of-way is required. Class III bicycle route signage may be required. Landscape: 1. Site plan must comply with the City's landscape and buffer ordinance requirements. 2. Trees being planted on the property is both encouraged and appreciated by the City of Little Rock and the City Beautiful Commission. 3. A small amount of landscaping may be required in conjunction with any new parking areas. Revised plat/plan: Submit four (4) copies of a revised preliminary plat/plan (to include the additional information as noted above) to staff on Wednesday, May 5, 2010. Item # 8.