HomeMy WebLinkAboutZ-9388-A Staff AnalysisMay 9, 2019
ITEM NO.: 3
FILE NO.: Z-9388-A
NAME: Egbosimba Retail Grocery (with no alcohol sales) —
Conditional Use Permit
LOCATION: 5223 Asher Avenue
OWNER/APPLICANT: Lynton Egbosimba
PROPOSAL. A conditional use permit is requested to allow a retail use
(Retail Grocery with no alcohol sales) 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:
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 use the existing commercial building at 5223 Asher
Avenue as a retail grocery store with no alcohol sales. The proposed re -use of
the building as a small grocery 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.
3. 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.
May 9, 2019
ITEM NO.: 3 (Cont. FILE NO.: Z-9388-A
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 1200 sq. ft. The proposed
building addition is approximately 993 sq. ft. A minimum of sixty-eight (83%)
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 with a
special design standard. Dedication of right-of-way to 45 feet from centerline
will be required.
6. UTILITIES/FIRE DEPARTMENT/BUILDING CODES:
Little Rock Water Reclamation Authorit : Sewer Available to this site. FOG
Analysis Required. Retain 10' min. sewer easement in abandoned alley for
existing sewer main.
Entergy:
Entergy does not object to this proposal. There do not appear to be any conflicts
with existing electrical utilities at this location. 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 comments received.
Central Arkansas Water:
NO OBJECTIONS, All Central Arkansas Water requirements in effect at the time
of request for water service must be met.
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May 9, 2019
ITEM NO.: 3 (Cont.) FILE NO.: Z-9388-A
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.
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. Tony Rhodes 501-918-3757 or Capt. John Hogue 501-91'8-3754). 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; cricheyfliftlerock.gov or
Steve Crain at 501-371-4875; scrain@iittlerock.gov
7. TRANSPORTATION/PLANNING-
County Planning: No comments.
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May 9, 2019
ITEM NO.: 3 (Cont,)_ FILE NO.: Z-9388-A
Rock Region METRO: No comments.
We recommend installing sidewalks leading from the street to the business. This
property is located close to our route 14 (Rosedale).
As of now, there is no pedestrian access to the property, meaning pedestrians
have to walk through the parking lot to access the business.
Planninq Division: No comments.
SUBDIVISION COMMITTEE COMMENT: (APRIL 17, 2019)
Lynton Egbosimba was present, representing the application. Staff presented the
application, noting that no 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 there is an existing dumpster location on the site. 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 ANALYSIS:
The applicant is requesting approval of a conditional use permit to allow a retail use
(Retail Grocery with no alcohol sales) within the existing building on the 1-2 zoned
property located at 5223 Asher Avenue. The site is located on the south side of Asher
Avenue, between Anna Street and Mabelvale Pike. There is an existing 1,200 square
foot building and covered, paved parking on the site which was previously occupied by
a Sonic drive-in restaurant. Two (2) driveways from Asher Avenue serve as access to
the property.
The applicant proposes to construct a 993 square foot addition to the west side of the
existing building and utilize the building for a retail use (Retail Grocery with no alcohol
sales). The applicant also proposes to construct an eight (8) foot high chain -link fence
around the area in front of the building. The applicant proposes to utilize the drive-thru
window on the east side of the existing building and the existing parking canopies
on the east and west sides of the commercial building. Hours of operation are proposed
to be from 9:00 a.m. to 10:00 p.m., Monday through Saturday. The applicant has noted
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May 9, 2019
ITEM NO.: 3 (Cont.
FILE NO.: Z-9388-A
that there will be three (3) employees. All signage (wall and ground -mounted) on the
site will conform with the industrial zoning standards as per the Zoning Ordinance.
There were no issues raised by the Subdivision Committee which the applicant needed
to respond to. To staff's knowledge, there are no outstanding issues associated with
this application.
Staff believes that utilizing the existing building on the 1-2 zoned property at 5223 Asher
Avenue as a retail use (Retail Grocery with no alcohol sales) is an appropriate use for
this property. The proposed small grocery store use should prove to be a good re -use
of this commercial building which has remained vacant for several years. The proposed
use will be compatible with the other uses and zoning in this area along Asher Avenue.
Staff believes the proposed retail grocery with no alcohol sales use will have no adverse
impact on the neighborhood or surrounding uses.
STAFF RECOMMENDATION:
Staff recommends approval of the requested CUP, subject to compliance with the
comments and conditions outlined in Sections 4, 5 and 6 of the agenda staff report.
PLANNING COMMISSION ACTION:
(MAY 9, 2019)
The applicant was present. There were no objectors present. Staff presented the item
and a recommendation of approval as outlined in the `staff recommendation" above.
There was no further discussion. The item was placed on the consent agenda and
approved as recommended by staff, including all staff comments and conditions. The
vote was 10 ayes, 0 noes and 1 absent.
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