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HomeMy WebLinkAboutZ-8780 Staff AnalysisSUBDIVISION COMMITTEE COMMENTS JUKE 27, 2012 ITEM NO.: 6. CARTER FOOD STORE UNDER 5,000 SQUARE FEET WITH SALES OF BEER AND WINE CONDITIONAL USE PERMIT — 2501 S. ARCH STREET Z-8780 Planning Staff Comments: 1. The 1892 Bill of Assurance for Retans Addition does not address use issues. 2. Provide a signage plan. 3. Provide days and hours of operation. 4. Is the food store to occupy the entirety of the 3,OOOf square foot building? Variance/Waivers: ■ None requested. Public Works: 1. The east driveway on Roosevelt Road creates a very unsafe condition due to the driveway being located in the signalized intersection. 2. A 20 feet radial dedication of right-of-way is required at the intersection of Roosevelt Road and Arch Street. [utilities and Fire Department/Coun1y Planning` Wastewater: Sewer available to this project. Entergy: No comment received. Centerpoint Energy: No comment received. AT&T (SBC): No comment received. Water: All Central Arkansas Water requirements in effect at the time of request for water service must be met. Contact Central Arkansas Water regarding the size and location of the water meter. 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. If there are facilities that need to be adjusted and/or relocated, contact Central Arkansas Water. That work would be done at the expense of the developer. Contact Central Arkansas Water if additional fire protection or metered water service is required. 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. ITEM NO.: 6. CON'T Z-8780 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: Approved as submitted. Maintain access. County Planning: No Comments. CATA: The site is located on a CATA bus route. Planning Division: No Comments. Landscape: No comments on this use -only issue. Other: Submit responses to staff issues and four (4) copies of a revised site plan (if required) no later than Tuesday July 3, 2012. Required notices are to be sent via certified mail to all owners of properties located within two hundred (200) feet of the site no later than Tuesday July 3, 2012. The City -provided notice form must be used. Proof of notice is to be returned to staff no later than July 13, 2012. FILE NO.: Z-8780 NAME: Carter Food Store under 5,000 square feet with sales of beer and wine — Conditional Use Permit LOCATION: 2501 S. Arch Street OWNER/APPLICANT: Mark Carter/Geoffrey Treece PROPOSAL: A conditional use permit is requested to allow for the use of a portion of the building on this C-3 zoned tract for a food store under 5,000 square feet with sales of beer and wine. 1. SITE LOCATION: The site is located at the southeast of Arch Street and W. Roosevelt Road. 2. COMPATIBILITY WITH NEIGHBORHOOD: The site is located in an area of mixed zoning and uses. Since the specific issue at question is the off premises sales of beer or wine, staff looked at the number of existing alcohol sales outlets in the immediate area. There appears to be a concentration of such uses within 2-3 blocks of this site. There are approximately 4 off -premises, 2 on -premises and 1 2:00 a.m. private club permits within that 2-3 block area. It appears there is a proliferation of such uses in this immediate area. Notice of the public hearing was sent to all owners of properties located within 200 feet of the site and the Downtown, MLK, Meadowbrook and Pettaway Park Neighborhood Associations. 3. ON SITE DRIVES AND PARKING. - The building contains a total of 3,000± square feet, requiring 10 on -site parking spaces for retail sales uses. The property has parking on the front (north) and side (west) of the building. Access is off of both Arch Street and Roosevelt Road. There is parking for approximately 17-18 vehicles on -site. The applicant indicated the food store will occupy 2,200 square feet and a restaurant use may occupy the remaining 800 square feet. That use mix will require 15 parking spaces. FILE NO.: Z-8780 (Cont. 4. SCREENING AND BUFFERS: No comments on this use -only issue. 5. PUBLIC WORKS COMMENTS: 1. The east driveway on Roosevelt Road creates a very unsafe condition due to the driveway being located in the signalized intersection. 2. A 20 feet radial dedication of right-of-way is required at the intersection of Roosevelt Road and Arch Street. 6. UTILITY. FIRE DEPT. AND CATA COMMENTS: Wastewater: Sewer available to this project. Entergy: No comment received. Centerpoint Energy: No comment received. AT&T (SBC): No comment received. Water: All Central Arkansas Water requirements in effect at the time of request for water service must be met. Contact Central Arkansas Water regarding the size and location of the water meter. 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. If there are facilities that need to be adjusted and/or relocated, contact Central Arkansas Water. That work would be done at the expense of the developer. Contact Central Arkansas Water if additional fire protection or metered water service is required. 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. 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 2 FILE NO.: Z-8780 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: Approved as submitted. Maintain access. County Planning: No Comments, CATA: The site is located on a CATA bus route. SUBDIVISION COMMITTEE COMMENT (JUNE 27, 2012) The applicant was present. Staff presented the item and noted little additional information was needed. The applicant was advised to provide a signage plan and days and hours of operation. In response to a question from staff, the applicant stated the food store would occupy 2,200 square feet of the building and a restaurant user was being sought to occupy the remaining 800 square feet. Staff informed the committee that a list of other businesses in the area with alcohol sales would be provided as part of the staff agenda write-up. Public Works and Utility Comments were presented. Staff made note of the unsafe condition created by the driveway on Roosevelt Road located in the intersection. The applicant stated he could look at closing that driveway if he could open up the driveway on site between the front and side parking lots to allow circulation. Staff stated they would support such a change. The applicant was advised to respond to staff issues by July 3, 2012. The Committee forwarded the item to the full Commission. STAFF ANALYSI On April 3, 2012, the Board of Directors passed Ordinance No. 20,568 which, among other provisions, established that "food stores under 5,000 square feet gross floor area with sales of beer and wine" be a conditional use in the C-3 zoning district. The C-3 zoned site located at 2501 S. Arch Street is occupied by a one-story, 3,000± square feet commercial building. The applicant is requesting approval of a conditional use permit to allow a food store under 5,000 square feet gross floor area with sales of beer or wine to occupy approximately 2,200 square feet of the building. The remaining 800 square feet will likely be occupied by a future 3 FILE NO.: Z-8780 (Cont. restaurant use. The food store is proposed to operate 8:00 a.m. — 11:00 p.m seven days a week. Signage is proposed to comply with that allowed in commercial districts. Ordinance No. 20,568 stated that certain uses, due to their nature and possible impact on the surrounding neighborhood should receive a public hearing to determine their appropriateness for a particular site rather than being a by -right use. Although this site is zoned C-3 and a food store is a by -right use, the sales of beer or wine relegates the use to a conditional use. Staff reviewed this proposal and took into consideration the uses in the surrounding neighborhood. Since a neighborhood is referenced elsewhere in the Code as the area within 1,500 feet of the site, staff looked specifically for any sites within that area which have an approved State Alcohol Beverage Control (ABC) permit. Additionally, staff looked at the proximity of the site to residential properties. Residential neighborhoods are located % block both to the south and north of this site. The following ABC on and off premise permits are located within 1,500 feet of the site: Address 2725 S. Arch 2304 S. Arch 2224 S. Arch 2500 S. Arch 2415 S. Arch 2415 S. Arch 2503 S. Gaines Permit On Premises 2 A.M. Private Club Off Premises Off Premises Off Premises On Premises Off Premises Use Brewster's Cafe VFW liquor store Discount Tobacco Sav A Lot (closed) Sim's Round Top Liquor Staff believes it is appropriate to consider the proliferation of existing off premises permits in the immediate vicinity when determining the appropriateness of allowing this use. Based on the number of existing businesses in the immediate area which sell alcohol and the proximity of the residential neighborhoods, staff cannot support this proposed use. STAFF RECOMMENDATION: Staff recommends denial of the CUP. PLANNING COMMISSION ACTION: (J U LY 19, 2012) The applicants were present. There were two (2) objectors present. One (1) letter of opposition had been received. Staff presented the item and a recommendation of denial. Staff noted the number of on -premises and C1 FILE NO.: Z-8780 (Cont. off -premises alcohol permits in the immediate vicinity and stated it appeared there was a proliferation of alcohol permits in the area. Staff also noted the close proximity of the residential neighborhood. Geoffrey Treece, attorney representing the applicant, addressed the Commission. He asked if staff was concerned only about the proliferation of off -premises permits in the area or off -premises and on -premises permits. Dana Carney of the planning staff responded that information on all alcohol permits in the area was given to the Commission and it was up to them to determine the impact of those uses on this application. Mr. Treece stated the property had been in foreclosure and had been vacant for over two years. He stated his client had acquired the site in the fall of 2010 and had been trying to market it. Mr. Treece stated there had been four (4) interested parties, all of whom desired to do a food store and all stated they needed beer sales. He said beer sales draws customers which drives inside sales. He described the uses in the area, stating it was a commercial area and did not abut any residential property. He said this use will meet the needs of the neighborhood. Mr. Treece stated the off -premises permit at 2500 Arch had been surrendered and the Sav A Lot at 2415 S. Arch had closed although the ABC permit was still active. He said the off -premises permit at 2224 S. Arch was being transferred to 17200 Chenal Parkway. Mr. Treece made note of other allowable uses in the C-3 zoning district which could have alcohol sales as a matter of right. He concluded by stating the proposed use would not contribute to a proliferation of alcohol permits since three of those referenced by staff were no longer valid, there were other more intensive uses with alcohol sales allowed in C-3 and the applicant was proposing to put back into use a building which had been vacant for a number of years. Ruth Bell, of the League of Women Voters, addressed the Commission is opposition to the item. She said the goal of the ordinance was to limit the proliferation of alcohol sales in an area. Kathy Wells, representing the Downtown Neighborhood Association, spoke in opposition. She said the State ABC was only interested in selling alcohol permits and collecting revenue. She said her association had supported the ordinance requiring a CUP for these uses because of frustration with dealing with the ABC. She said there were too many alcohol permits in her part of town and too many families had been impacted by alcohol abuse. Ms. Wells stated her neighborhood needed a food store, not another alcohol outlet. Commissioner Pierce asked what percentage of the store's sales would be alcohol. Mr. Treece responded that it was typically 25% of sales and the beer sales helped drive sales of other items. Commissioner Rector commented that he lived in an area with several on and off -premises alcohol permits and this application did not seem to be a case of over saturation. 5 FILE NO.: Z-8780 (Cont.) In response to a question from Commissioner Bubbus, Mr. Treece restated that he did not feel this was oversaturation of alcohol permits and the trend seemed to be that some of the permits were moving elsewhere. Commissioner Fountain asked if the only way a proposed operator would open the food store would be if they had beer sales. Mr. Treece responded that that was correct. A motion was made to approve the application including all staff comments and conditions except the recommendation of denial. The motion was approved by a vote of 6 ayes, 3 noes and 2 absent. 1-1 July 19, 2012 ITEM NO.: 6 FILE NO.: Z-87 NAME: Carter Food Store under 5,000 square feet with sales of beer and wine — Conditional Use Permit LOCATION: 2501 S. Arch Street OWNER/APPLICANT: Mark Carter/Geoffrey Treece PROPOSAL: A conditional use permit is requested to allow for the use of a portion of the building on this C-3 zoned tract for a food store under 5,000 square feet with sales of beer and wine. SITE LOCATION: The site is located at the southeast of Arch Street and W. Roosevelt Road. 2. COMPATIBILITY WITH NEIGHBORHOOD: The site is located in an area of mixed zoning and uses. Since the specific issue at question is the off premises sales of beer or wine, staff looked at the number of existing alcohol sales outlets in the immediate area. There appears to be a concentration of such uses within 2-3 blocks of this site. There are approximately 4 off -premises, 2 on -premises and 1 2:00 a.m. private club permits within that 2-3 block area. It appears there is a proliferation of such uses in this immediate area. Notice of the public hearing was sent to all owners of properties located within 200 feet of the site and the Downtown, MLK, Meadowbrook and Pettaway Park Neighborhood Associations. 3. ON SITE DRIVES AND PARKING: The building contains a total of 3,000± square feet, requiring 10 on -site parking spaces for retail sales uses. The property has parking on the front (north) and side (west) of the building. Access is off of both Arch Street and Roosevelt Road. There is parking for approximately 17-18 vehicles on -site. The applicant indicated the food store will occupy 2,200 square feet and a restaurant use may occupy the remaining 800 square feet. That use mix will require 15 parking spaces. July 19, 2012 ITEM NO.: 6 (Cont.) FILE NO.: Z-8780 4. SCREENING AND BUFFERS: No comments on this use -only issue. 5. PUBLIC WORKS COMMENTS: 1. The east driveway on Roosevelt Road creates a very unsafe condition due to the driveway being located in the signalized intersection. 2. A 20 feet radial dedication of right-of-way is required at the intersection of Roosevelt Road and Arch Street. 6. UTILITY, FIRE DEPT. AND CATA COMMENT Wastewater: Sewer available to this project. Entergy: No comment received. Centerpoint Energy: No comment received. AT&T (SBC): No comment received. Water: All Central Arkansas Water requirements in effect at the time of request for water service must be met. Contact Central Arkansas Water regarding the size and location of the water meter. 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. If there are facilities that need to be adjusted and/or relocated, contact Central Arkansas Water. That work would be done at the expense of the developer. Contact Central Arkansas Water if additional fire protection or metered water service is required. 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. 2 July 19, 2012 ITEM NO.: 6 FILE NO.: Z-8 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: Approved as submitted. Maintain access. County Planning: No Comments. CATA: The site is located on a CATA bus route. SUBDIVISION COMMITTEE COMMENT: (JUNE 27, 2012) The applicant was present. Staff presented the item and noted little additional information was needed. The applicant was advised to provide a signage plan and days and hours of operation. In response to a question from staff, the applicant stated the food store would occupy 2,200 square feet of the building and a restaurant user was being sought to occupy the remaining 800 square feet. Staff informed the committee that a list of other businesses in the area with alcohol sales would be provided as part of the staff agenda write-up. Public Works and Utility Comments were presented. Staff made note of the unsafe condition created by the driveway on Roosevelt Road located in the intersection. The applicant stated he could look at closing that driveway if he could open up the driveway on site between the front and side parking lots to allow circulation. Staff stated they would support such a change. The applicant was advised to respond to staff issues by July 3, 2012. The Committee forwarded the item to the full Commission. STAFF ANALYSI On April 3, 2012, the Board of Directors passed Ordinance No. 20,568 which, among other provisions, established that "food stores under 5,000 square feet gross floor area with sales of beer and wine" be a conditional use in the C-3 zoning district. 0 July 19, 2012 ITEM NO.: 6 Cont. FILE NO.: Z-8780 The C-3 zoned site located at 2501 S. Arch Street is occupied by a one-story, 3,000± square feet commercial building. The applicant is requesting approval of a conditional use permit to allow a food store under 5,000 square feet gross floor area with sales of beer or wine to occupy approximately 2,200 square feet of the building. The remaining 800 square feet will likely be occupied by a future restaurant use. The food store is proposed to operate 8:00 a.m. — 11:00 p.m., seven days a week. Signage is proposed to comply with that allowed in commercial districts. Ordinance No. 20,568 stated that certain uses, due to their nature and possible impact on the surrounding neighborhood should receive a public hearing to determine their appropriateness for a particular site rather than being a by -right use. Although this site is zoned C-3 and a food store is a by -right use, the sales of beer or wine relegates the use to a conditional use. Staff reviewed this proposal and took into consideration the uses in the surrounding neighborhood. Since a neighborhood is referenced elsewhere in the Code as the area within 1,500 feet of the site, staff looked specifically for any sites within that area which have an approved State Alcohol Beverage Control (ABC) permit. Additionally, staff looked at the proximity of the site to residential properties. Residential neighborhoods are located '/z block both to the south and north of this site. The following ABC on and off premise permits are located within 1,500 feet of the site: Address Permit Use 2725 S. Arch On Premises Brewster's Cafe 2304 S. Arch 2 A.M. Private Club VFW 2224 S. Arch Off Premises liquor store 2500 S. Arch Off Premises Discount Tobacco 2415 S. Arch Off Premises Sav A Lot (closed) 2415 S. Arch On Premises Sim's 2503 S. Gaines Off Premises Round Top Liquor Staff believes it is appropriate to consider the proliferation of existing off premises permits in the immediate vicinity when determining the appropriateness of allowing this use. Based on the number of existing businesses in the immediate area which sell alcohol and the proximity of the residential neighborhoods, staff cannot support this proposed use. STAFF RECOMMENDATION Staff recommends denial of the CUP. El July 19, 2012 ITEM NO.- 6 (Cont.) FILE NO.: Z-8780 PLANNING COMMISSION ACTION: (JULY 19, 2012) The applicants were present. There were two (2) objectors present. One (1) letter of opposition had been received. Staff presented the item and a recommendation of denial. Staff noted the number of on -premises and off -premises alcohol permits in the immediate vicinity and stated it appeared there was a proliferation of alcohol permits in the area. Staff also noted the close proximity of the residential neighborhood. Geoffrey Treece, attorney representing the applicant, addressed the Commission. He asked if staff was concerned only about the proliferation of off -premises permits in the area or off -premises and on -premises permits. Dana Carney of the planning staff responded that information on all alcohol permits in the area was given to the Commission and it was up to them to determine the impact of those uses on this application. Mr. Treece stated the property had been in foreclosure and had been vacant for over two years. He stated his client had acquired the site in the fall of 2010 and had been trying to market it. Mr. Treece stated there had been four (4) interested parties, all of whom desired to do a food store and all stated they needed beer sales. He said beer sales draws customers which drives inside sales. He described the uses in the area, stating it was a commercial area and did not abut any residential property. He said this use will meet the needs of the neighborhood. Mr. Treece stated the off -premises permit at 2500 Arch had been surrendered and the Sav A Lot at 2415 S. Arch had closed although the ABC permit was still active. He said the off -premises permit at 2224 S. Arch was being transferred to 17200 Chenal Parkway. Mr. Treece made note of other allowable uses in the C-3 zoning district which could have alcohol sales as a matter of right. He concluded by stating the proposed use would not contribute to a proliferation of alcohol permits since three of those referenced by staff were no longer valid, there were other more intensive uses with alcohol sales allowed in C-3 and the applicant was proposing to put back into use a building which had been vacant for a number of years. Ruth Bell, of the League of Women Voters, addressed the Commission is opposition to the item. She said the goal of the ordinance was to limit the proliferation of alcohol sales in an area. Kathy Wells, representing the Downtown Neighborhood Association, spoke in opposition. She said the State ABC was only interested in selling alcohol permits and collecting revenue. She said her association had supported the ordinance requiring a CUP for these uses because of frustration with dealing with the ABC. She said there were too many alcohol permits in her part of town and too many families had been impacted by alcohol abuse. Ms. Wells stated her neighborhood needed a food store, not another alcohol outlet. 5 July 19, 2012 ITEM NO.: 6 (Cont.) FILE NO.: Z-8780 Commissioner Pierce asked what percentage of the store's sales would be alcohol. Mr. Treece responded that it was typically 25% of sales and the beer sales helped drive sales of other items. Commissioner Rector commented that he lived in an area with several on and off -premises alcohol permits and this application did not seem to be a case of over saturation. In response to a question from Commissioner Bubbus, Mr. Treece restated that he did not feel this was oversaturation of alcohol permits and the trend seemed to be that some of the permits were moving elsewhere. Commissioner Fountain asked if the only way a proposed operator would open the food store would be if they had beer sales. Mr. Treece responded that that was correct. A motion was made to approve the application including all staff comments and conditions except the recommendation of denial. The motion was approved by a vote of 6 ayes, 3 noes and 2 absent. L