Online Services | Privacy | Accessibility | Security

APRIL 22, 2004

ITEM NO.:        22.1

FILE NO.:         Z-7606

NAME:             Valadez Short-form PD-C

LOCATION:     7616 - 7620 Colonel Glenn Road

DEVELOPER:

Jose Valadez

c/o Eugenia Williams

11601 Pleasant Ridge #200

Little Rock, AR 72212

ENGINEER:

Donald W. Brooks, Inc.

20820 Arch Street

Hensley, AR 72065

AREA: 0.25 Acres             NUMBER OF LOTS: 1             FT. NEW STREET: 0

CURRENT ZONING:          I-2, Light Industrial District

ALLOWED USES:            Light Industrial Uses

PROPOSED ZONING:      PD-C

PROPOSED USE:            Restaurant or Hispanic Grocery Store

VARIANCES/WAIVERS REQUESTED:     None requested.

A.      PROPOSAL/REQUEST:

The applicant is requesting the use of the property located at 7616 - 7620 Colonel Glenn Road as a family establishment that would consist of family dining along with family entertainment. The business will consist of two pool tables and a dining area with the permit to serve beer with a Mexican menu similar to any of the Mexican restaurants in the area. The applicant has indicated the desire is to establish the business in this area to serve the growing Hispanic community in Central Arkansas.

The applicant has indicated sixteen on-site parking spaces located in the rear of the building.

B.      EXISTING CONDITIONS:

The site is a vacant commercial building located in a strip center. There is an existing grocery store located on the western end of the building. To the north of the site are single-family homes. To the northwest of the site is a vacant MF-12 zoned tract. To the south of the site are non-residential uses including Davis Tire, a daycare, and a vocational school.

C.      NEIGHBORHOOD COMMENTS:

As of this writing, staff has received several informational phone calls from area residents concerning the proposed use of the property. All residents who could be identified located within 300-feet of the site, the Western Hills Neighborhood Association, the John Barrow Neighborhood Association and all owners of property located within 200-feet of the site were notified of the public hearing.

D.      ENGINEERING COMMENTS:

PUBLIC WORKS CONDITIONS:

1. Right-of-way widths and street construction is adequate at this location. Sidewalk construction may be required with future building permit.

E.      UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING:

Wastewater:     Sewer available, not adversely affected.

Entergy:     Approved as submitted.

Center-Point Energy:     No comment received.

SBC: Approved as submitted.

Central Arkansas Water:     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 (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 Carroll Keatts at 992-2431 if you would like to discuss backflow prevention requirements for this project.

Fire Department:     Place fire hydrants per code. Contact the Little Rock Fire Department at 918-3752 for additional information.

County Planning: No comment received.

CATA: No comment received.

F.       ISSUES/TECHNICAL/DESIGN:

Planning Division:     This request is located in the Boyle Park Planning District. The Land Use Plan shows Office for this property. The applicant has applied for a Planned Commercial Development for a retail development.

A land use plan amendment for a change to Mixed Use is a separate item on this agenda.

City Recognized Neighborhood Action Plan:     The area under review is within the John Barrow Neighborhoods Plan area. The Plan has several objectives, which recommend adding more business opportunities in the area. The plan specifically recommends more medical related offices, a sit down restaurant and a grocery store. However, the plan targets mentioned uses specifically for the northern portion of the study area while the applicant's property is located in the southern end of the plan area.

Landscape:     The proposed land use buffer width along the northern perimeter is less than the 21-feet required.

If the parking lot is to have twelve or more parking spaces, than eight percent of its interior must be landscaped with interior landscaping islands of at least 7 ½ feet in width and 150 square feet in area.

A 6-foot high opaque screen, either a wooden fence with its face side directed outward, a wall, or dense evergreen plantings, is required along the sites northern perimeter.

G.      SUBDIVISION COMMITTEE COMMENT:             (April 1, 2004)

Ms. Eugenia Williams was present representing the applicant. Staff stated the request was to allow an existing building currently zoned I-2, Light Industrial District to be rezoned to allow the placement of a family restaurant and/or Hispanic grocery store. Staff requested the applicant provide additional information concerning the proposed request. Staff requested the applicant provide any proposed fencing on the site plan. Staff also requested the applicant provide the days and hours of operation.

Public Work comments were addressed. Staff stated the development would be required to repair or replace any curb and gutter in the right-of-way prior to occupancy.

Landscaping comments were addressed. Staff noted screening would be required along the northern perimeter of the site. Staff also noted the required land use buffer width along the northern perimeter was less than the 21-feet minimum required.

There was a lengthy discussion concerning the proposed development and the non-conforming status. Staff stated a grocery store would be allowed under the existing non-conforming status. Staff stated a restaurant would require a rezoning action. Ms. Williams stated the development would not contain a bar and would not be a billiards hall. She stated the billiards tables were to be used in conjunction with the restaurant as entertainment as families were waiting for their food order. Ms. Williams stated the applicant would request the sale of beer to be served with meals.

There was no further discussion of the item. 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 staff's concerns regarding the proposed use of the site. The cover letter indicates the site will be developed as a family restaurant and as entertainment two billiards tables will be added to the site. The applicant has indicated the site will not be a bar/lounge or billiards hall. The applicant has also indicated the owners will request from the Arkansas Beverage Board a license to sell beer on-site. The applicant has indicated the sale of beer will be with meal service.

The applicant has not indicated the business days and hours of operation. Staff would recommend the hours be sensitive to the nearby single-family homes and at a maximum from 7:00 am to 11:00 pm seven days per week.

The applicant has not indicated signage as a part of the proposed site plan. Staff would recommend any signage be limited to signage allowed per the zoning ordinance for commercial signage or a maximum of thirty-six feet in height and one hundred sixty square feet in area.

The applicant has indicated sixteen on-site parking spaces located in the rear of the building. In addition, the drive to access the proposed parking is very narrow but is passable for one car. Staff is not supportive of the parking as indicated. The proposed site plan does not allow sufficient area for all spaces to back-out and turn-around. Staff would recommend if parking is approved in the rear of the building the approved parking allow for sufficient turning when exiting and entering the space.

The applicant has indicated alternative uses for the site. Staff is supportive of the placement of a grocery store at the site. There is limited parking located along Colonel Glenn Road to support the anticipated traffic to the site. Staff is not supportive of the placement of an intense use, such as a restaurant, on the site. Based on typical minimum parking required for a restaurant, the development would require approximately 50 parking spaces. Staff does not feel the placement of sixteen spaces on the site will be sufficient to meet the minimum parking demand.

The applicant has not indicated the required buffer to the north of the site where abutting single-family zoned properties. Staff feels with the proposed parking located in the rear of the site, the minimum land use buffer should be put in place. The applicant has added a six foot wood fence to the site to screen the adjoining properties but staff feels the placement of the land use buffer is also critical to protect the nearby homes.

The applicant has indicated there is not a Bill of Assurance in effect for the proposed site.

I.         STAFF RECOMMENDATION:

Staff recommends denial of the request as filed.