HomeMy WebLinkAboutZ-09303 Staff AnlysisFILE NO.: Z-9303
NAME: Cigar Republic Short -form PCD
LOCATION: Located at 1315 Breckenridge Drive
DEVELOPER:
Joseph C. Miller
414 E Capitol #104
Little Rock, AR 72201
OWNER/AUTHORIZED AGENT.
Ronald C Boshears — Owner
Joseph C. Miller - Agent
SURVEYOR/ENGINEER:
White-Daters and Associates
24 Rahling Circle
Little Rock, AR 72223
AREA: 1.28-acres NUMBER OF LOTS: 1
WARD: 4 PLANNING DISTRICT: 2 — Rodney Parham
CURRENT ZONING
ALLOWED USES
PROPOSED ZONING
PROPOSED USE
VARIANCEIWAIVERS:
C-3, General Commercial District
General Retail
PCD
FT. NEW STREET: 0 LF
CENSUS TRACT: 22.04
Add private club as an allowable use
None requested.
A. PROPOSAL/REQUEST/APPLICANT'S STATEMENT:
The applicant is requesting a rezoning of the site from C-3, General Commercial
District to PCD, Planned Commercial Development District, to add a private club
as an allowable use. The applicant is seeking to rezone the site to allow the
Z-9303 (Cont.
transitioning of the current restaurant use into a private club cigar lounge. The
applicant is proposing to apply to the State of Arkansas for a liquor license for a
private club to allow the sale of alcohol without a restaurant license and also to
allow the business to be excluded from any potential smoking bans the City may
choose to explore in the future. There are no exterior changes proposed to this
location that would affect the surrounding community. The hours of operation are
proposed from 10 am to midnight daily. There will be no loud music or bands.
B. EXISTING CONDITIONS:
This area is developed with a mixture of uses including commercial, office,
multi -family and single-family. The area to the east of the site is an apartment
complex located along Old Forge Drive. There are single-family homes located
north of this site within the Colony West Subdivision. There is a bank located south
of this site along North Rodney Parham Road and a service station located to the
southwest at the intersection of North Rodney Parham Road and Breckenridge
Drive. Breckenridge Drive is a commercial street complete with curb, gutter and
sidewalk.
C. NEIGHBORHOOD COMMENTS -
All property owners located within 200-feet of the site along with the Treasure Hill
Property Owners Association and the Colony West Home Owners Association
were notified of the public hearing. There is no contact information for the
Sturbridge Property Owners Association listed in the City of Little Rock's
neighborhood contact listing.
D. ENGINEERING COMMENTS:
PUBLIC WORKS CONDITIONS:
No comment.
E. Utilities/Fire Department/Parks/CountyDepartment/Parks/County Planning,
Little Rock Water Reclamation Authori : Sewer available to this site.
Environmental Assessment Division, EAD, review required if food service on site.
Contact Little Rock Water Reclamation Authority for additional information.
Entergy: Entergy does not object to this proposal. There do not appear to be any
conflicts with existing electrical utilities at this location. Service is already being
provided to both structures on this property via overhead service lines.
Contact Entergy in advance to discuss electrical service requirements, or
adjustments to existing facilities (if any) as this project proceeds.
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FILE NO.: Z-9303 (Cont.
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. 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.
3. 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.
4. 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.
5. Fire sprinkler systems which do not contain additives such as antifreeze shall
be isolated with a double detector check valve assembly. If additives are used,
a reduced pressure zone back flow preventer shall be required
Fire Department: No comment.
Parks and Recreation: No comment received.
County Planning: No comment.
F. Building Codes/Landscape:
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. This project will require fully developed Architectural, Structural,
Civil and MEP Plans. Contact a commercial plans examiner: Curtis Richey at
501.371.4724; crichey(d_Dlittlerock.gov.
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FILE NO.: Z-9303 (Cont.
Landscape:
1. Any new site development must comply with the City's landscape and buffer
ordinance requirements.
2. Any existing vehicular use area that does not meet current code requirements
may continue as nonconforming until such time a building permit is issued to
rehabilitate a structure on the property exceeding fifty (50) percent of the
current replacement cost of the structure. At such time fifty (50) percent of the
existing vehicular use area shall be brought into compliance with the landscape
ordinance requirements and shall continue to full compliance on a graduated
scale based upon the percentage of rehabilitation cost.
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.
G. Transportation/Planning:
Rock Region Metro: The site is located near Rock Region Metro Route #8, the
Rodney Parham Route.
Planning Division: This request is located in Rodney Parham Planning District.
The Land Use Plan shows Commercial (C) for this property. The Commercial
category includes a broad range of retail and wholesale sales of products, personal
and professional services, and general business activities. Commercial activities
vary in type and scale, depending on the trade area that they serve. The applicant
has applied for rezoning from C-3 (General Commercial District) to PCD (Planned
Commercial Development) to allow for a private club.
Master Street Plan: East of the property is Breckenridge Drive and it shown as a
Collector on the Master Street Plan.. The primary function of a Collector Road is to
provide a connection from Local Streets to Arterials. This street may require
dedication of right-of-way and may require street improvements for entrances and
exits to the site.
Bicycle Plan: There is a Class III Bike Route shown on Breckenridge Drive. These
bike routes require no additional right-of-way, but either a sign
or pavement marking to identify and direct the route.
H. SUBDIVISION COMMITTEE COMMENT:
(March 14, 2018)
The applicant was present representing the request. Staff requested the applicant
provide the location of any proposed dumpsters. Staff also questioned if there
were changes proposed to the signage. Staff questioned if there would be any live
entertainment within the patio area.
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FILE NO.: Z-9303 (Cont.
Landscaping comments were addressed. Staff stated any existing vehicular use
areas which did not comply with the current code were to be upgraded based on
the percentage of upgrades to the building, if the rehabilitation cost of the building
exceeded 50 percent of the replacement cost of the structure.
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.
ANALYSIS:
The applicant submitted a revised cover letter to staff addressing most of the
technical issues associated with the request raised at the March 14, 2018,
Subdivision Committee meeting. The applicant has indicated there will not be live
entertainment on the patio. He has also indicated there will not be a change to the
approved signage plan and the hours of dumpster service will be limited to 7 am
to 6 pm Monday through Friday.
The request is a rezoning of the site from C-3, General Commercial District to PCD,
Planned Commercial Development District, to convert the existing restaurant into
a private club, cigar lounge. Cigar Republic is proposing an over-21 smoking
establishment. Based on the revenue stream produced from food service the
applicant must seek from the State of Arkansas Alcohol Beverage Control
Commission a private club license.
The zoning ordinance defines a private club with dining or bar service as a group
of people associated or formally organized for a common purpose, interest or
pleasure. Facilities include dining or bar accommodations, none of which are
available except to members or their guests. The separation requirements for
private clubs is to be determined by the Planning Commission so as not to
adversely impact the neighborhood. Private club review shall consider the
following additional requirement: (a) A private club shall not be located within
seven hundred fifty (750) feet of the following: (1) A church or other religious
facility. (2) A sexually -oriented business as defined by Chapter 17 of the Code of
Ordinances. (3) A public or private elementary, secondary or postsecondary
school, a day care center or any facility that operates programs for children or
youth. (4) Any single-family or multifamily residential use, except a hotel or motel,
or a residential use that is within a unified development that contains both the
private club and the residential use.(b) For the purposes of subsection (a) of this
section, measurement shall be made in a straight line, without regard to
intervening structures or objects, from the nearest portion of a building or
structure proposed for occupancy as a private club to the nearest property line of
any use listed in subsection (a). There is a multi -family development located
immediately east of the site. There are single-family homes located to the north
and south of this site within 750-feet.
5
FILE NO.: Z-9303 (Cont.
The applicant is proposing to limit the approval of the private club to his sole
ownership. The applicant states if the lease is broken or the building is sold then
any future owner would be required to request approval of their use via a revision
to the approved PCD, Planned Commercial Development zoning. The approval of
a change in license for the private club would also be required from the State
Alcohol Beverage Control Commission.
The applicant has indicated there will be no exterior changes to the building and
the ambiance will be virtually unchanged. The applicant indicates there are five
(5) to six (6) employees. There will be no loud music playing inside or outside the
building due to the fact this is not the atmosphere for a successful cigar lounge.
The applicant notes there will not be live music events on the deck/patio.
The applicant notes the hours of operation are from 11 am to midnight
seven (7) days per week. He notes on weeknights with little customer
traffic the business may close earlier. He notes the request is not to allow a
5 am private club.
Although the business will no longer be a full service restaurant there will be limited
food service available. The kitchen will remain intact which would allow the owner
to provide food service. The applicant notes food service could also be in the form
of catered food or from a food truck service which would set-up in the parking lot.
® All food truck operations will operate within the guidelines for mobile canteen units
established by the planning department of the City.
The applicant notes the request for the private club license is to allow him to control
his environment. He states the most common complaint for a cigar bar is the smoke
infiltration into neighboring commercial tenants. He states with this stand-alone
building and private parking lot this will not be the case with this establishment.
As of this writing staff is continuing to review the proposed request and the potential
impact of the request on the nearby neighborhoods. Staff recommendation will be
provided at the Commission's Public Hearing.
J. STAFF RECOMMENDATION:
Staff recommendation forthcoming.
PLANNING COMMISSION ACTION:
(APRIL 5, 2018)
The applicant was present. There were registered objectors present. Staff presented the
item with a recommendation of approval.
Mr. Joe Miller, the applicant, addressed the Commission on the merits of his request. He
stated the request was for a cigar lounge only. He stated his business was a high end
retail use. He stated he desired to serve drinks with the cigars. He stated his humidor
R
FILE NO.: Z-9303 (Cant.
would be 700 square feet. He stated with the use being a private club he could more
closely control and monitor the clientele. He stated the demographic age was persons
35 to 60 years of age. He stated the business plan was not for loud music but a more
relaxed atmosphere. He stated the business would be a place for business men and
women to meet to entertain guest and clients. He stated the building was 47 years old
with a triple net lease. He stated there was little incentive for the property owner to sell
the building for at least two (2) more years. He stated he was willing to buy the building
and make a substantial investment into the property for his use. He stated the only
significant exterior changes would be painting the parking lot and cleaning the back of the
building. He stated he had five (5) to six (6) employees. He stated the Breckenridge
Neighborhood Association had indicated they were supportive of the request. He stated
he wanted to work with the neighborhood and be a good neighbor in the community.
Mr. Jeremy Bowen addressed the Commission in support of the request. He stated he
lived in Colony West Subdivision and was in support of the cigar lounge. He stated the
area did not need any more vacancies. He stated the business would be a quiet business
and an asset to the neighborhood. He stated he felt the use should be allowed.
Mr. Dickson Flake addressed the Commission in support of the request. He stated his
firm represented the current owner. He stated if Mr. Miller chose to keep the kitchen he
was able to reuse the building without the rezoning approval. He stated with the private
club there would be more restrictions and control on the business which could be enforced
by the City. He stated the approval was common sense. He stated with the approval of
the private club limited to Mr. Miller and limited to a cigar lounge this was the most control
the neighborhood and the City could expect without giving up anything.
Ms. Miriam Piccolo addressed the Commission in opposition of the request. She stated
she did not like the idea of the club being exclusionary. She stated she felt the business
should include all races, incomes and genders. She stated she did not want to live in an
area which was not inclusionary of all people.
Mr. David Bolick addressed the Commission in opposition of the request. He stated he
was in real estate and was on the Colony West Property Owners Association. He stated
the subdivision had previously been in decline. He stated the homeowners association
was only collecting $100.00 per year for the membership which was used to maintain the
pool, parks and common areas. He stated the dues had been raised to $200.00 per year
to allow for proper maintenance to the common facilities which allowed the Homeowners
Association sufficient funds to maintain and enhance the subdivision. He stated once this
occurred the subdivision began to turn -around and the homes and the subdivision was a
very desirable area of the City to live. He stated the cigar lounge would be located at the
main entrance to the subdivision. He stated the neighborhood was a middle class
neighborhood and the cigar lounge would be marketed to an upper end cliental. He stated
the previous restaurant failed due to the restaurant being an upscale establishment and
the neighborhoods not supporting the business. He stated this was not an upscale spot.
He stated he felt the reason the applicant was looking at this location was due to the price
of the land and building and not as the best location to serve his clientele. He stated he
had taken a poll of the 470 homeowners of the subdivision on both Next Door and
Facebook. He stated he questioned if the residents supported the use. He stated
7
FILE NO.: Z-9303 (Cont.
originally there was overwhelming opposition to the request. He stated the opposition
had decreased. He stated the area was a single-family neighborhood and did not feel the
use of the property as proposed was a benefit to the subdivision.
Annie Depper addressed the Commission in opposition of the request. She stated the
residents had put so much into the neighborhood to bring property values up that to allow
the use would cause concerns. She stated she did not want to see the building vacant
but felt a vacant building was better than allowing the wrong thing to occupy the space.
Mr. Miller stated he had been looking at the project for over two (2) years. He stated he
wanted a standalone building because the biggest complaint with a cigar lounge was the
smoke and the impact on adjacent tenants. He stated he could open today if he chose
to keep the restaurant open. He stated he wanted the private club to allow him to place
limits on his clientele. He stated it was not exclusionary because if a membership was
purchased all would be allowed. He stated with the private club he could ensure an
upscale lounge.
There was a general discussion by the Commission concerning membership dues and
amenities that would be offered. Mr. Miller stated lockers would be provided and each
locker would be a $100.00 per month. He stated anyone could come off the street and
purchase a cigar in the retail portion of the business. He stated to be allowed a mixed
drink then the person would be required to purchase a membership.
A motion was made to approve the request including all staff recommendations and
comments. The motion carried by a vote of 11 ayes, 0 noes and 0 absent.
City of Little Rock
L�mtDepartment of Planning and Development Planning
723 West Markham Street Zoning and
Little Rock, Arkansas 72201-1334 Subdivision
Phone: (501) 371-4790 Fax: (501) 399-3435 or 371-6863
May 8, 2018
Joseph C. Miller
414 E. Capitol #104
Little Rock, AR 72201
Re: Cigar Republic Short -form PCD (Z-9303), located at 1315 Breckenridge Drive
Dear Sir or Madam:
Enclosed please find a copy of an Ordinance adopted by the Board of Directors at their
May 1, 2018, Public Hearing approving the above referenced development.
If you have any questions concerning this ordinance, please feel free to call me at 371-
6821.
Sincerely,
Donna James, AICP
Subdivision Administrator
City of Little Rock
Department of Planning and Development
723 West Markham Street
Little Rock, Arkansas 72201-1334
Phone: (501) 371-4790 Fax: (501) 399-3435 or 371-6863
April 11, 2018
Joseph C. Miller
414 E. Capitol #104
Little Rock, AR 72201
Planning
Zoning and
Subdivision
Re. Cigar Republic Short -form PCD (Z-9303), located at 1315 Breckenridge Drive
Dear Sirs:
This is to advise you that in connection with your request concerning the above referenced
file number the following action was taken by the Planning Commission at its meeting on
April 5 2018:
Approved with conditions.
X Recommended approval with conditions.
Recommended approval as submitted.
Denied your request as submitted.
Deferred to the Meeting.
Other:
This item will be forwarded to the Little Rock Board of Directors for final action. You or your
representative will need to be present at the Board of Directors meeting to address
any questions which may arise. The meeting date has tentatively been set for May 1,
2018. The meeting begins at 6:00 pm and is held in the Board of Directors Chambers, 500
West Markham Street, 2nd floor. If you have any questions please do not hesitate to contact
me at 371-6821.
Respectfully,
Donna James, AICP
Subdivision Administrator