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HomeMy WebLinkAboutZ-9120 Staff AnalysisFILE NO.: Z-9120 NAME: Rebel Kettle Brewery and Restaurant Short -form PCD LOCATION: Located at 822 East 6th Street DEVELOPER: 822 East 6th LLC 822 East 6th Street Little Rock, AR 72201 SURVEYOR: Thomas Engineering Company 3810 Lookout Road North Little Rock, AR 72116 AREA: 0.51 acres NUMBER OF LOTS: 0 WARD: 1 PLANNING DISTRICT: 7 — 1-30 CURRENT ZONING: ALLOWED USES: PROPOSED ZONING UU, Urban Use District All enclosed activities PCD FT. NEW STREET: 0 LF CENSUS TRACT: 2 PROPOSED USE: UU, Urban Use District uses - Allow outdoor entertainment within an enclosed/fenced patio area — not to be used as a special events center VARIANCENVAIVERS None requested. A. PROPOSAL/REQUEST/APPLICANT'S STATEMENT: The Owner/Developer is currently under redeveloping the property located on the northwest corner of East 6th and Collins Streets for Rebel Kettle Brewery and Restaurant. The property contains approximately 0.52 acres and is currently zoned UU, Urban Use District. The site is located within the Presidential Park Design Overlay District. The current zoning allows the proposed use but the applicant is requesting a variance to allow activities outside the scope of the A A WO1[6a ASO-1KiN[�L7j DOD. The owner desires to rezone the site to a Planned Commercial Development, PCD, to allow the use of the site with outdoor entertainment offering food and beverage service within an enclosed (fenced area). The request does not include the allowance of the space for a special events center. The site has been reviewed and approved for redevelopment with ingress for parking from Collins Street and egress onto East 6th Street pending the construction of a false facade between the parking and East 6th Street to screen the proposed parking spaces. The ingress/egress is one-way and will be posted and marked as such. The 6,500 square foot structure will have 22 on -site parking spaces and an additional three (3) public spaces along Collins Street will be constructed. B. EXISTING CONDITIONS: The site contains a restaurant/brewery nearing the end of rehabilitation (the business opened on March 25, 2016). This area of East 6th Street contains a mixture of uses including warehousing, office, and a truck wash and supply companies for plumbing and electrical contractors. East 6th Street is a two (2) lane roadway with curb, gutter and sidewalk in place. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has received an informational phone call from an area property owner. All property owners located within 200-feet of the site along with the MacArthur Park Property Owners Association and the Hanger Hill Neighborhood Association 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 East 6th Street and Collins Street. 2. With site development, provide the design of street conforming to the Master Street Plan. Construct one-half street improvement to Collins Street including 5-foot sidewalks with the planned development as shown on plan. Street improvements should include striping. Plans for construction should be submitted to show positive drainage will be provided along with details of improvements. 3. New access ramps should be installed at the intersection of East 6th Street and Collins Street as shown on plans. 4. Repair or replace any curb and gutter or sidewalk that is damaged in the public right-of-way prior to occupancy. 2 FILE NO.: Z-9120 Cont. 5. Obtain a franchise agreement from Public Works Bennie Nicolo, bnicolo fittlerock.or or 501.371.4818 for the private improvements (fence, front planting bed, and any other private improvements) located in the right-of-way. 6. If the facility obtains a temporary certificate of occupancy or opens before street improvements are installed, temporary barricades or barrels should be placed along Collins Street to prevent vehicle parking along with a surety bond posted for the street improvements. 7. Improvements shall include signage and striping. Public Works must approve completed plans prior to construction. 8. Damage to public and private property due to hauling operations or operation of construction related equipment from a nearby construction site shall be repaired by the responsible party prior to issuance of a certificate of occupancy. 9. The proposed East 6th Street driveway apron should be improved to City of Little Rock standard detail PW-34. This driveway will be exit only. Signage and striping should be provided to notify drivers. 10. Sidewalks are required in accordance with Section 31-175 of the Little Rock Code and the Master Street Plan to be installed adjacent to East 6th Street to connect with existing sidewalk to the west. 11. The proposed parking lot and drive aisles should be striped and signed in conformance with MUTCD standards. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: EAD, Environmental Assessment Division, review required for grease traps and brewery discharge. Sewer available to the site. Contact Little Rock Wastewater if additional information is required. Entergy: Entergy does not object to this proposal. However, there is an electrical service cable which runs from the west edge of the property to an attachment point on the west side of the existing building. This service wire may need to be raised to allow for proper clearance for parking/driving in the area. Contact Entergy in advance so this can be investigated further, or if electrical service needs change for the structure. Centerpoint Energy: No comment received. AT & T: No comment received. Central Arkansas Water: 1. All Central Arkansas Water requirements in effect at the time of request for water service must be met. 3 FILE NO.: Z-9120 (Cont.) 2. 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. 3. 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 the Little Rock Fire Department is required. 4. Contact Central Arkansas Water regarding the size and location of water meter. 5. Due to the nature of this facility, installation of an approved reduced pressure zone backflow preventer assembly (RPZA) is required on the domestic water service. This assembly must be installed prior to the first point of use. Central Arkansas Water 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 Central Arkansas Water. The test results must be sent to Central Arkansas Water's Cross Connection Section within ten days of installation and annually thereafter. Contact the Cross Connection Section at 501.377.1226 if you would like to discuss backflow prevention requirements for this project. 6. The facilities on -site will be private. When meters are planned off private lines, private facilities shall be installed to Central Arkansas Water's materials and construction specifications and installation will be inspected by an engineer, licensed to practice in the State of Arkansas. Execution of a Customer Owned Line Agreement is required. 7. Fire sprinkler systems which do not contain additives such as antifreeze shall be isolated with a double detector check valve assembly. If additives area used, a reduced pressure zone back flow preventer shall be required. Fire Department: Canopy may have to be sprinkled. Full plan review required. Parks and Recreation: No comment received. County Planning: No comment received_ Rock Region Metro: Location is currently served by METRO on route 12 and is a short walk from the River City Travel Center at Capital and Rock Streets. Provide a continuous pedestrian path from the sidewalks at the property perimeter to the front door of the business. It will allow access for customers and employees using other modes of transportation such as transit, walking and biking. 0 E NO.: Z-9120 (Cont. F. ISSUES/TECHNICAL/DESIGN: Building Code: Project is subject to full commercial plan review and approval prior to issuance of a building permit. For information on submittal requirements and the review process, contact a commercial plans examiner: Curtis Richey at 501.371.4724; cricheyfa.littlerock.org or Mark Alderfer at 501.371.4875; malderfer littlerock.or . Canopy may require fire sprinkler installations. Planning Division: This request is located in the 1-30 Planning District. The Land Use Plan shows Mixed Use Urban (MXU). The Mixed Use -Urban category provides for a mix of residential, office and commercial uses not only in the same block but also within the same structure. This category is intended for older "urban" areas to allow dissimilar uses to exist, which support each other to create a vital area. Development should reinforce the urban fabric creating a 24-hour activity area. Using the Planned Zoning District or the Urban Use District, high and moderate density developments that result in a vital (dense) pedestrian oriented area are appropriate. The applicant has applied for a rezoning from UU (Urban Use District) to PCD (Planned Commercial District) to allow outdoor entertainment within the patio which was previously constructed. The request is within the Presidential Park Design Overlay District. Master Street Plan: South side of the property is East 6th Street and it is a Collector; East side of the property is Collins Street and it is a Local Street on the Master Street Plan. The primary function of a Collector Street is to provide a connection from Local Streets to Arterials. The primary function of a Local Street is to provide access to adjacent properties. Local Streets that are abutted by non-residential zoning/use or more intensive zoning than duplexes are considered as "Commercial Streets". A Collector design standard is used for Commercial Streets. These streets may require dedication of right-of-way and may require street improvements for entrances and exits to the site. Bicycle Plan: There are no bike routes shown in the immediate vicinity. Landscape: The applicant must seek approval of variances related to the City's Landscape Ordinance requirements. G. SUBDIVISION COMMITTEE COMMENT: (March 16, 2016) Mr. David Carpenter was present representing the request. Staff presented an overview stating there were few outstanding technical issues in need of addressing related to the site plan. Staff questioned the entertainment venues to be held at the business and questioned if there would be cover charge for any of these venues. Mr. Carpenter stated there would not be a cover charge and the outdoor area was a patio related to the brewery and restaurant aspect of the FILE NO.: Z-9120 (Cont. business. He stated the owner would pay the in -lieu fee for the required street trees and street furniture required by the Overlay. He stated there was not sufficient area to allow for the placement of these particular items. Public Works comments were addressed. Staff stated a 20-foot radial dedication or right of way was required at the intersection of East 6th and Collins Streets. Staff stated sidewalks were required in accordance with Section 31-175 of the Little Rock Code of Ordinances. Staff stated the parking lot and drive aisles should be striped and signed in conformance with MUTCD standards. Staff stated new access ramps were to be installed at the intersection of East 6tn and Collins Streets. Landscaping comments were addressed. Staff stated the applicant was requesting a variance from the various provision of the Landscape Ordinance from the City Beautiful Commission which was scheduled to be heard on April 7, 2016. There was a general discussion between the Commissioners, staff and Mr. Carpenter concerning the screening mechanism for the parking lot along East 6t" Street. Staff stated the parking spaces should be screened from street view. Mr. Carpenter stated there were safety concerns if the screen was too tall or if the area could become a place to hide creating safety concerns by the female customers and employees. Staff stated they would work with the applicant to ensure screening but to also ensure the patrons were safe. Rock Region Metro comments were addressed. Staff stated the site was served by a number of transit routes and requested the applicant provide safe pedestrian access to and from the site for all modes of transportation. Staff noted the comments from the various other departments and agencies. Staff suggested the applicant contact the departments or agencies directly with any questions or concerns. There were no more issues for discussion. The Committee then forwarded the item to the full Commission for final action. H. ANALYSIS: The applicant submitted a revised cover letter to staff addressing most of the technical issues associated with the request. The applicant has indicated the outdoor dining area will be used for food and beverage service daily and various forms of outdoor entertainment on occasion, including live entertainment and outdoor sports activities such as bean bag toss, bocce ball, etc. On the occasion there will be live entertainment but there will not be a cover charge for the musical event. The applicant has indicated the days and hours of operation Sunday through Thursday are 9:00 am to 10:30 pm and Friday and Saturday from 9:00 am to 1:30 am or as permitted by State Law. 0 FILE NO.: Z-9120 (Cont. The property contains approximately 0.52 acres and is currently zoned UU, Urban Use District. The applicant is seeking approval of a rezoning to PCD, Planned Commercial Development, to allow the use of the site by Rebel Kettle Brewery and Restaurant. The applicant is also seeking to maintain the underlying UU, Urban Use Zoning District uses. The site is located within the Presidential Park Design Overlay District (DOD). The current zoning allows the proposed use but the applicant is requesting the rezoning to allow activities outside the scope of the DOD. The site has been reviewed and approved for redevelopment with ingress for parking from Collins Street and egress onto East 6th Street pending the construction of a false facade between the parking and East 6th Street to screen the proposed parking spaces. No surface parking is allowed along 3rd Street from 1-30 east one thousand, one hundred fifty (1,150) feet, 6th Street, Bond Street and College/College Street Extension. Parking structures along these streets must either have non -vehicular uses on the first (ground) level or a false facade along the street so as to appear to be a non -vehicular use area. The screening fence should be 42-inches in height and constructed of a solid surface material with landscaping/plantings placed on the street side of the screen wall. The 6,500 square foot structure will have 22 on -site parking spaces and an additional three (3) public spaces along Collins Street will be constructed. The site is located within the UU, Urban Use Zoning District which does not require on -site parking to be provided. The site is located within the Presidential Park Design Overlay District. The DOD has specific development criteria related to street furniture and trees. All landscape requirements of the base zone shall be enforced, related to location, plant size and spacing. Along Bond, 3rd, 6th, 9th, and College Streets, all the standards delineated below apply in urban use -zoned areas the street trees below apply. Any property owner, due to the spacing requirements, not required to provide a "street tree" or "street furniture" shall pay an in -lieu fee based on the percentage of frontage along the street divided by the cost of providing the required street trees and furniture in the ordinance. 1. Street trees are to be species defined in the zoning ordinance (Section 36-414). - Street trees a minimum of three-inch caliper shall be required (type of trees as listed in landscape ordinance [chapter 15] ). The trees shall be located a minimum of two (2) feet off the back of a curb and shall be thirty (30) feet on center and no closer than thirty (30) feet to a street intersection with a water source provided. The tree canopy shall be maintained at least eight (8) feet above the sidewalk. 2. Benches and receptacles shall be at a spacing of one hundred (100) feet with none closer than fifty (50) feet to the intersection The applicant has indicated payment in -lieu of placing the street trees and furniture will be provided to the City. 7 FILE NO.: Z-9120 (Cont. A number of the improvements have been put in place including the parking area. With the construction of the parking area the applicant did not provide the required landscape strips along the northern and western perimeters. The applicant has an application before the City Beautiful Commission which will be also be heard on April 7, 2016, to allow the elimination of the required plantings. Staff is supportive of the applicant's request. The applicant is seeking approval of the PCD zoning to allow the use of the site with outdoor activities which does not include a request for a special events center. The applicant has indicated any outdoor entertainment will be provided to the customers as a curtesy and there will not be a cover charge required to enjoy the entertainment. To staff's knowledge there are no remaining outstanding technical issues associated with the request. Staff feels the rezoning as requested is appropriate for this site. STAFF RECOMMENDATIO Staff recommends approval of the request subject to compliance with the comments and conditions as outlined in paragraphs D, E and F of the agenda staff report. PLANNING COMMISSION ACTION: (APRIL 7, 2016) The applicant was present. There were no registered objectors present. Staff presented the item with a recommendation of approval of the request subject to compliance with the comments and conditions as outlined in paragraphs D, E and F of the agenda staff report. There was no further discussion. The item was placed on the consent agenda and approved as recommended by staff by a vote of 8 ayes, 0 noes and 3 absent. ITEM NO.: 18, Z-9120 NAME: Rebel Kettle Brewery and Restaurant Short -form PCD LOCATION: located at 822 East 6th Street Planning Staff Comments: 1. Provide notification of the property owners located within 200-feet of the development including the certified abstract list, notice form with affidavit executed and proof of mailing. The notice must be mailed no later than March 23, 2016. The Office of Planning and Development must receive the proof of notice no later than April 1, 2016. 2. The DOD allows all uses as allowed within the UU, Urban Use Zoning District. This also includes outdoor, on -premises, seating areas for dining as allowed in the UU, Urban Use zoning district — Provide details of the outdoor patio area - How will the deck area function? Will there be bands/entertainment within the patio area? Will there be cover charge for guest when there are special performances? 3. The site is located within the Presidential Park Design Overlay District. The DOD has specific development criteria related to street furniture and trees. All landscape requirements of the base zone shall be enforced, related to location, plant size and spacing. Along Bond, 3rd, 6th, 9th, and College Streets, all the standards delineated below apply in urban use -zoned areas the street trees below apply. Any property owner, due to the spacing requirements, not required to provide a "street tree" or "street furniture" shall pay an in -lieu fee based on the percentage of frontage along the street divided by the cost of providing the required street trees and furniture in the ordinance. a. Street trees are to be species defined in the zoning ordinance (Section 36- 414). - Street trees a minimum of three-inch caliper shall be required (type of trees as listed in landscape ordinance [chapter 15]). The trees shall be located a minimum of two (2) feet off the back of a curb and shall be thirty (30) feet on center and no closer than thirty (30) feet to a street intersection with a water source provided. The tree canopy shall be maintained at least eight (8) feet above the sidewalk. b. Benches and receptacles shall be at a spacing of one hundred (100) feet with none closer than fifty (50) feet to the intersection. 4. No surface parking is allowed along 3rd Street from 1-30 east one thousand, one hundred fifty (1,150) feet, 6th Street, Bond Street and College/College Street Extension. Parking structures along these streets must either have non -vehicular uses on the first (ground) level or a false facade along the street so as to appear to be a non -vehicular use area. 5. General sign regulations as per the base zoning classification except for the first two (2) floors where the following is required: a. Awning valances are appropriate locations for signage, sign area not to exceed six (6) square feet of valance. b. Neon illumination is permitted if channelized. c. Letters shall not exceed 30 inches in height. ITEM NO.: 18. Z-91 d. Window signs shall not cover more than twenty-five percent of each glass panel. 6. The survey is to include the use and benefit, (who the survey is for). Variance/Waivers: None requested. Public Works Conditions: 1. A 20 foot radial dedication of right-of-way is required at the intersection of East 6t" Street and Collins Street. 2. With site development, provide the design of street conforming to the Master Street Plan. Construct one-half street improvement to Collins Street including 5-foot sidewalks with the planned development as shown on plan. Street improvements should include striping. Plans for construction should be submitted to show positive drainage will be provided along with details of improvements. 3. New access ramps should be installed at the intersection of East 6t" Street and Collins Street as shown on plans. 4. Repair or replace any curb and gutter or sidewalk that is damaged in the public right- of-way prior to occupancy. 5. Obtain a franchise agreement from Public Works Bennie Nicolo, bnicolo[c�littlerock.org or 501.371.4818 for the private improvements (fence, front planting bed, and any other private improvements) located in the right-of-way. 6. If the facility obtains a temporary certificate of occupancy or opens before street improvements are installed, temporary barricades or barrels should be placed along Collins Street to prevent vehicle parking along with a surety bond posted for the street improvements. 7. Improvements shall include signage and striping. Public Works must approve completed plans prior to construction. 8. Damage to public and private property due to hauling operations or operation of construction related equipment from a nearby construction site shall be repaired by the responsible party prior to issuance of a certificate of occupancy. 9. The proposed East 6t" Street driveway apron should be improved to City of Little Rock standard detail PW-34. This driveway will be exit only. Signage and striping should be provided to notify drivers. 10.Sidewalks are required in accordance with Section 31-175 of the Little Rock Code and the Master Street Plan to be installed adjacent to East 6t" Street to connect with existing sidewalk to the west. 11.The proposed parking lot and drive aisles should be striped and signed in conformance with MUTCD standards. Utilities and Fire Department/County Planning: Wastewater: EAD, Environmental Assessment Division, review required for grease traps and brewery discharge. Sewer available to the site. Contact Little Rock Wastewater if additional information is required. ITEM NO.: 18. Z-9120 Entergy: Entergy does not object to this proposal. However, there is an electrical service cable which runs from the west edge of the property to an attachment point on the west side of the existing building. This service wire may need to be raised to allow for proper clearance for parking/driving in the area. Contact Entergy in advance so this can be investigated further, or if electrical service needs change for the structure. Centerpoint Energy: No comment received. AT & T: No comment received. Central Arkansas Water: 1. All Central Arkansas Water requirements in effect at the time of request for water service must be met. 2. 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. 3. 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 the Little Rock Fire Department is required. 4. Contact Central Arkansas Water regarding the size and location of water meter. 5. Due to the nature of this facility, installation of an approved reduced pressure zone backflow preventer assembly (RPZA) is required on the domestic water service. This assembly must be installed prior to the first point of use. Central Arkansas Water 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 Central Arkansas Water. The test results must be sent to Central Arkansas Water's Cross Connection Section within ten days of installation and annually thereafter. Contact the Cross Connection Section at 501.377.1226 if you would like to discuss backflow prevention requirements for this project. 6. The facilities on -site will be private. When meters are planned off private lines, private facilities shall be installed to Central Arkansas Water's materials and construction specifications and installation will be inspected by an engineer, licensed to practice in the State of Arkansas. Execution of a Customer Owned Line Agreement is required. 7. Fire sprinkler systems which do not contain additives such as antifreeze shall be isolated with a double detector check valve assembly. If additives area used, a reduced pressure zone back flow preventer shall be required. Fire Department: Canopy may have to be sprinkled. Full plan review required. rks and Recreation: No comment received. County Planning: No comment received. ITEM NO.: 18. Z-9120 Rock Region Metro- Location is currently served by METRO on route 12 and is a short walk from the River City Travel Center at Capital and Rock Streets. Provide a continuous pedestrian path from the sidewalks at the property perimeter to the front door of the business. It will allow access for customers and employees using other modes of transportation such as transit, walking and biking. Building Code: Project is subject to full commercial plan review and approval prior to issuance of a building permit. For information on submittal requirements and the review process, contact a commercial plans examiner: Curtis Richey at 501.371.4724; crichey@littlerock.org or Mark Alderfer at 501.371.4875; maiderfer@liftlerock.org. Canopy may require fire sprinkler installations. Planning Division: This request is located in the 1-30 Planning District. The Land Use Plan shows Mixed Use Urban (MXU). The Mixed Use -Urban category provides for a mix of residential, office and commercial uses not only in the same block but also within the same structure. This category is intended for older "urban" areas to allow dissimilar uses to exist, which support each other to create a vital area. Development should reinforce the urban fabric creating a 24-hour activity area. Using the Planned Zoning District or the Urban Use District, high and moderate density developments that result in a vital (dense) pedestrian oriented area are appropriate. The applicant has applied for a rezoning from UU (Urban Use District) to PCD (Planned Commercial District) to allow outdoor entertainment within the patio which was previously constructed. The request is within the Presidential Park Design Overlay District. Master Street Plan: South side of the property is East 6th Street and it is a Collector; East side of the property is Collins Street and it is a Local Street on the Master Street Plan. The primary function of a Collector Street is to provide a connection from Local Streets to Arterials. The primary function of a Local Street is to provide access to adjacent properties. Local Streets that are abutted by non-residential zoning/use or more intensive zoning than duplexes are considered as "Commercial Streets". A Collector design standard is used for Commercial Streets. These streets may require dedication of right-of-way and may require street improvements for entrances and exits to the site. Bicycle Plan: There are no bike routes shown in the immediate vicinity. Landscape_ The applicant must seek approval of variances related to the City's Landscape Ordinance requirements. 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, March 23, 2016.