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Home My WebLink AboutZ-9388 Staff AnalysisFebruary 14, 2019 ITEM NO.: 5 NAME: LOCATION OWNER/APPLICANT Egbosimba Retail Liquor Store — Conditional Use Permit 5223 Asher Avenue Lynton Egbosimba PROPOSAL: A conditional use permit is requested to allow a retail use (liquor store) on the 1-2 zoned property located at 5223 Asher Avenue. SITE LOCATION: The site is located at the south side of Asher Avenue, between Anna Street and Mabelvale Pike. 2. COMPATIBILITY WITH NEIGHBORHOOD- 3 The property is located in an area of mixed uses and zoning. C-3 and C-4 zoned properties are located to the north, east and west along Asher Avenue. 1-2 zoned properties are located immediately to the east and southeast. R-3 and POD zoned properties are located to the south. Mixed commercial, light industrial and residential uses are located in this general area. The applicant proposes to re -locate an existing liquor store from 5323 Asher Avenue to the subject property at 5223 Asher Avenue, one (1) block to the east. The proposed relocation of the liquor store will be compatible with uses and zoning in the general area. Notice of public hearing was sent to the South of Asher, Curran -Conway and SWLR United for Progress Neighborhood Associations. ON SITE DRIVES AND PARKING: Two (2) paved driveways from Asher Avenue serve as access to the property. Paved parking is located on the east, west and south sides of the existing building. Some covered parking exists, as the property previously contained a Sonic drive-in restaurant use. Ample parking exists on the site to serve the proposed retail use. 4. SCREENING AND BUFFERS: 1. Any new site development must comply with the City's minimal landscape and buffer ordinance requirements. February 14, 2019 ITEM NO.: 5 FILE NO.: Z-9388 2. Any new building rehabilitation or expansion may require the existing landscaping, buffer, or vehicular use areas not meeting the current code requirements to be brought into compliance. Existing vehicular use areas may continue as nonconforming until such time as a building permit is granted to enlarge or reconstruct a structure on the property exceeding ten (10) percent of the existing gross floor area. At such time ten (10) percent of the existing vehicular use area shall be brought into compliance on a graduated scale. The existing building contains approximately 1160 sq. ft. The proposed building addition is approximately 730 sq. ft. A minimum of sixty (63%) percent of the vehicular use area is required to be brought into compliance with the current landscape code. 3. The City Beautiful Commission recommends preserving as many existing trees as feasible on this site. Credit toward fulfilling Landscape Ordinance requirements can be given when preserving trees of six (6) inch caliper or larger. 5. PUBLIC WORKS: 1. Asher Ave is classified on the Master Street Plan as a principal arterial special design standards. Dedication of right-of-way to 45 feet from centerline will be required. 6. UTILITIES/FIRE DEPARTMENT/BUILDING CODES: Little Rock Water Reclamation Authority: Sewer Available to this site. Entergy: Entergy does not object to this proposal. There do not appear to be any conflicts with existing electrical utilities at this location. Electrical service is already being provided to the existing structure on this property. Contact Entergy in advance to discuss electrical service requirements, or adjustments to existing facilities (if any) as this project proceeds. Centerpoint Energy: No comments received. AT&T: No comment received. Central Arkansas Water: No comments received. 2 February 14, 2019 ITEM NO.: 5(Cont.)FILE NO.: Z-9388 Fire Department: Full plan review Maintain Access: Fire Hydrants. Maintain fire apparatus access roads at fire hydrant locations as per Appendix D of the 2012 Arkansas Fire Prevention Code Vol. 1 Section D103.1 Access road width with a hydrant. Where a fire hydrant is located on a fire apparatus access road, the minimum road width shall be 26 feet, exclusive of shoulders. Grade Maintain fire apparatus access roads as per Appendix D of the 2012 Arkansas Fire Prevention Code Vol. 1 Section D103.2 Grade. Fire apparatus access roads shall not exceed 10 percent in grade except as approved by the fire chief. Loading Maintain fire apparatus access road design as per Appendix D of the 2012 Arkansas Fire Prevention Code Vol. 1 Section D102.1 Access and loading. Facilities, buildings or portions of buildings hereafter constructed shall be accessible to fire department apparatus by way of an approved fire apparatus access road with an asphalt, concrete or other approved driving surface capable of supporting the imposed load of fire apparatus weighing at least 75,000 pounds. 30' Tall Buildin s - Maintain aerial fire apparatus access roads as per Appendix D of the 2012 Arkansas Fire Prevention Code Vol. 1 Section D105.1 — D105.4 D105.1 Where Required. Where the vertical distance between the grade plane and the highest roof surface exceed 30', approved aerial fire apparatus access roads shall be provided. For the purposes of this section the highest roof surfaces shall be determined by measurement to the eave of a pitched roof, the intersection of a roof to the exterior wall, or the top of the parapet walls, whichever is greater. D105.2 Width. Aerial fire apparatus access roads shall have a minimum unobstructed with of 26', exclusive of shoulders, in the immediate vicinity of the building or portion thereof. D105.3 Proximity to building. At least one of the required access routes meeting this condition shall be located within a minimum of 15 feet and a maximum of 30 feet from the building, and shall be positioned parallel to one entire side of the building. The side of the building on which the aerial fire apparatus access road is positioned shall be approved by the fire code official. M February 14, 2019 ITEM NO.: 5 (Cont. FILE NO.: D105.4 Obstructions. Overhead utility and power lines shall not be located over the aerial fire apparatus access road or between the aerial fire apparatus road and the building. Other obstructions shall be permitted to be places with the approval of the fire code official. Gates Maintain fire apparatus access road gates as per Appendix D of the 2012 Arkansas Fire Prevention Code Vol. 1 Section D103.5 Fire apparatus access road gates. Gates securing the fire apparatus access roads shall comply with all of the following criteria: 1. Minimum gate width shall be 20 feet. 2. Gates shall be of swinging or sliding type. 3. Construction of gates shall be of material that allow manual operation by one person. 4. Gate components shall be maintained in an operable condition at all times and replaces or repaired when defective. 5. Electric gates shall be equipped with a means of opening the gate by fire department personnel for emergency access. Emergency opening devices shall be approved by the fire code official. 6. Manual opening gates shall not be locked with a padlock or chain and padlock unless they are capable of being opened by means of forcible entry tools or when a key box 7. Locking device specifications shall be submitted for approval \by the fire code official 8. Electric gate operators, where provided, shall be listed in accordance with U L 325. 9. Gates, intended for automatic operation shall be designed, constructed and installed to comply with requirements of ASTM F 2200. Dead Ends. Maintain fire apparatus access roads at dead end locations as per Appendix D of the 2012 Arkansas Fire Prevention Code Vol. 1 Section D103.4 Dead Ends. Dead-end fire apparatus access roads in excess of 150 feet shall be provided with width and turnaround provisions in accordance with Table D103.4. Requirements for Dead-end fire apparatus access roads. Fire Hydrants Locate Fire Hydrants as per Appendix C of the 2012 Arkansas Fire Prevention Code. Section C101 — C105, in conjunction with Central Arkansas Water (Daniel Tull 501-377-1245) and the Little Rock Fire Marshal's Office (Capt. Cl February 14, 2019 ITEM NO.: 5 Cont. FILE NO.: Z-9388 Tony Rhodes 501-918-3757 or Capt. John Hogue 501-918-3754). Number and Distribution of Fire Hydrants as per Table C105.1. _Building Codes: 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; crichev@littlerock.gov or Steve Crain at 501-371-4875; scrain@littlerock.gov 7. TRANSPORTATION/PLANNING: County Planning: No comments received. Rock Region METRO: No comments. Planning Division: No comments. SUBDIVISION COMMITTEE COMMENT: (JANUARY 23, 2019) Lynton Egbosimba was present, representing the application. Staff presented the application, noting that additional information was needed. It was noted that signage would be allowed as per the industrial zoning standards. Mr. Egbosimba noted that he would re -use the existing, sign pole on the property. In response to a question from staff, Mr. Egbosimba noted that he would have one (1) or two (2) employees. The Public Works right-of-way requirement was briefly discussed. The landscape/buffer requirements were also discussed. It was noted that a landscaping upgrade would be required based on the proposed building addition. After the discussion, the Committee forwarded the application to the full Commission for resolution. STAFF UPDATE: On January 30, 2019 Bryan S. Mason, attorney for the State of Arkansas Alcoholic Beverage Control (ABC), issued a letter to Lynton and Phoebe Egbosimba stating that the State ABC would not issue a retail liquor store license for 5223 Asher Avenue, since the property is within 1,000 feet of two (2) church uses and a school, which prohibits a license from being issued. The letter states that there is no "exception or waiver to this prohibition". The letter is attached for Planning Commission review. 5 February 14, 2019 ITEM NO.: 5 (Cont. FILE NO.: Z-9388 Therefore, Staff sees no need or benefit in proceeding with the conditional use permit application, and recommends the application be withdrawn. PLANNING COMMISSION ACTION: (FEBRUARY 14, 2019) Staff informed the Commission that the application needed to be withdrawn, based on the fact that the State ABC would not issue a liquor license for this location. The item was placed on the Consent Agenda and withdrawn by a vote of 10 ayes, 0 noes and 1 absent. 0