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HomeMy WebLinkAboutZ-4565-A Staff AnalysisJanuary 8, 2009 ITEM NO.: D.1 FILE NO.: Z -4565-A NAME: Kanis/Shackleford Lot 2 Short -form PCD LOCATION: Located just West of Kaufman Road in the 10700 Block of Kanis Road DEVELOPER: Taco Bueno Restaurants, LP 1605 LBJ Freeway, Suite 800 Farmers Branch, TX 75234 EAKVIINICCD• White-Daters and Associates 24 Rahling Circle Little Rock, AR 72223 TOTAL AREA: 1.63 acres NUMBER OF LOTS: 2 FT. NEW STREET: 0 LF AREA PROPOSED FOR REZONING: 0.88 CURRENT ZONING: 0-3, General Office District ALLOWED USES: General Office PROPOSED ZONING: PCD PROPOSED USE: Restaurant with drive-through service VARIANCES/WAIVERS REQUESTED: 1. A five year deferral of the required addition of a left turn lane on Kanis Road. 2. A variance from the Subdivision Ordinance to allow the creation of a lot without public street frontage. 3. A variance from the minimum driveway spacing requirement for drives located on an arterial. January 8, 2009 ITEM NO.: D.1 (Cont.) FILE NO.: Z-456 A. PROPOSAUREQUEST: The applicant proposes to subdivide this 1.63 acre lot into two (2) lots and to rezone one of the lots from 0-3 to PCD. The property is located at the southeast corner of Kanis and Shackleford Roads just east of "Mamma Bea's Big Burger" restaurant. The developer is proposing a restaurant with drive-through service adjacent to the existing restaurant. A variance of the driveway spacing requirement to allow a "right out" only driveway on Kains Road is being requested. The drive is necessary to allow traffic coming from the drive-thru to exit east without circling back through the parking area. The restaurant is proposed to contain 2,900 square feet with 36 parking spaces. The site contains 22,050 square feet of paved area and 13,607 square feet of landscape area. Access to the site will be via an existing drive, a cross access easement, shared with Bancorp South Bank. The restaurant hours of operation are proposed Sunday through Thursday from 10:00 am to midnight and on Friday and Saturday from 10:00 am to 1:00 am. The hours of dumpster service have been limited to 6:00 am to 10:00 pm seven days per week. A single pylon sign is proposed along Kanis Road. The sign is proposed consistent with signage allowed in commercial zones or a maximum of 36 -feet in height and 160 square feet in area. Building signage is proposed consistent with signage allowed in commercial zones or a maximum of ten percent of the fagade facing the public street. Directional signage will comply with directional signage allowed in commercial zones. The request includes a deferral of the required street construction to add a left turn lane to Kanis Road for a period of five years or until adjacent development occurs, whichever occurs first. The request also includes a variance from the Subdivision Ordinance to allow the creation of a lot without public street frontage. Access to the lot will be from a drive extending from the common access easement located along the western property line. B. EXISTING CONDITIONS: Kanis Road adjacent to the site has been constructed to Master Street Plan standard. The sidewalk is in place along the property frontage. The site is tree covered with a single-family residence located to the east of the site fronting Kaufman Road. There are other single-family homes located along Kaufman Road. There are a number of zoning classifications within the area. This site is zoned 0-3, General Office District as is the Bancorp South Bank property. The 2 January 8, 2009 ITEM NO.. D.1 Cont. FILE NO.: Z -4565-A property to the west, Mamma Bea's Big Burger is zoned 0-2, Office and Institutional District as is property located to the south, fronting South Shackleford Road, containing hotels, restaurant uses and the Heart Hospital. Across South Shackleford Road is property zoned PCD, 0-3, General Office District, C-2, Shopping Center District and C-3, General Commercial District which has developed with a number of uses including a convenience store, hotels, automobile dealerships and general office uses. North of the site is a large insurance company office complex, Arkansas Farm Bureau, and a daycare facility, Kidco. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has received several informational phone calls from area property owners. All property owners located within 200 feet of the site, all residents, who could be identified, located within 300 feet and the John Barrow and Sandpiper Neighborhood Associations were notified of the Public Hearing. D. ENGINEERING COMMENTS.: PUBLIC WORKS CONDITIONS: 1. Kanis Road is classified on the Master Street Plan as a minor arterial. A dedication of right-of-way 45 feet from centerline will be required. An additional 10 feet of right-of-way, measured from the centerline of the right-of- way, for a future right turn lane should be dedicated. The additional 10 feet of right-of-way shall be measured 250 feet in length from the intersecting right- of-way. The western portion of this particular property shows to be within 250 feet of the intersecting right-of-way of Shackleford Road. 2. With site development, provide the design of street conforming to the Master Street Plan. An lieu contribution should be made for one half street improvements on Kanis Road for future dual left turn lanes with the planned development. 3. Repair or replace any curb and gutter or sidewalk that is damaged in the public right-of-way prior to occupancy. 4. A grading permit in accordance with Section 29-186 (c) and (d) will be required prior to any land clearing or grading activities at the site. Other than residential subdivisions, site grading and drainage plans must be submitted and approved prior to the start of construction. 5. Storm water detention ordinance applies to this property. Show the proposed location for storm water detention facilities on the plan. 6. Provide proposed elevations for the top and bottom of the proposed retaining wall. If wall height is greater than 15 feet a variance must be requested from the Land Alteration Regulations. 3 January 8, 2009 ITEM NO.: DA (Cont.) FILE NO.: Z -4585-A E 7. Plans of all work in right-of-way shall be submitted for approval prior to start of work. Obtain barricade permit prior to doing any work in the right-of-way from Traffic Engineering at (501) 379-1805 (Travis Herbner). 8. If disturbed area is one (1) or more acres, obtain a NPDES storm water permit from the Arkansas Department of Environmental Quality prior to the start of construction. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer service available to this property. Entergy: No comment received. Center -Point Enerav: No comment received. AT & T: No comment received. Central Arkansas Water: All Central Arkansas Water requirements in effect at the time of request for water service must be met. A Capital Investment Charge based on the size of the meter connection(s) will apply to this project in addition to normal charges. Contact Central Arkansas Water Works regarding the size and location of the water meter(s). 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. Plans must be made to provide water service to Lot 2. Contact Central Arkansas Water for additional information. Fire Department: Place and install fire hydrants per code. Contact the Little Rock Fire Department for additional information. County Planning: No comment. CATA: The site is located CATA Bus Route # 3, Baptist Medical Center. F. ISSUES/TECHNICAL/DESIGN: Planning Division: This request is located in the 1-430 Planning District. The Land Use Plan shows Office for this property. The applicant has applied for a rezoning from 0-3, General Office District to Planned Commercial Development. A Land Use Plan amendment is a separate item on this agenda (LU08-11-02) a change from Office to Commercial. Master Street Plan: Kanis and Shackleford Roads are both Minor Arterials on the Master Street Plan. A Minor Arterial provides connections to and through an C! January 8, 2009 ITEM NO.: D.1 Cont. FILE NO.: Z -4565-A urban area and their primary function is to provide short distance travel within the urbanized area. Entrances and exits should be limited to minimize negative effects of traffic and pedestrians on these streets since they are Minor Arterials. 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 this immediate vicinity. Neighborhood Action Plan: This area is covered by the John Barrow Neighborhood Plan. Their Commercial Development goal states: "To encourage the development of a sit-down restaurant in the area." This rezoning would allow the development of a new restaurant with sit-down dining on this site. Landscape: 1. The site plan must comply with the City's landscape ordinance requirements. 2. The zoning buffer ordinance requires an average street buffer of twelve feet (12') and in no case less than nine feet (9'). 3. A land use buffer averaging 11.95 feet is required along the sites eastern perimeter. Seventy percent of this area is to remain undisturbed. Utility easements cannot count towards fulfilling the land use buffer requirement. A buffer variance must be approved by the Commission to allow the buffer to remain as indicated. 4. The City Beautiful Commission recommends preserving as many existing trees as feasible on this tree covered site. Credit toward fulfilling Landscape Ordinance requirements can be given when preserving trees of six (6) inch caliper or larger. G. SUBDIVISION COMMITTEE COMMENT: (October 9, 2008) Mr. Joe White of White-Daters and Associates was present. Staff presented an overview of the request stating there were additional items necessary to complete the review process. Staff also requested the developer provide the total height of the retaining wall, details for proposed building signage and the dumpster hours of service. Public Works comments were addressed. Staff stated a right of way dedication was required for Kanis Road. Staff also stated the drive located on the eastern portion of the site did not comply with the typical ordinance standards for driveway spacing. Staff stated the storm water detention ordinance would apply to the development of the site. Staff stated a grading permit would be required prior to any land clearing or grading activities on the site. 5 January 8, 2009 iTEIVI NO.: D.1 fCont. FILE NO.: Z Landscaping comments were addressed. Staff stated the eastern land use buffer was indicated entirely within a utility easement. Staff stated the utility easement could not count in fulfilling the land use buffer requirements. Staff stated the street buffer was not indicated adequate to meet the typical ordinance standards. Staff stated a twelve foot average landscape strip was required along Kanis Road. Staff stated in no case could the street buffer be less than nine feet. Staff noted comments from the various other reporting departments and agencies. 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 site plan to staff addressing a number of the issues raised at the October 9, 2008, Subdivision Committee meeting. The applicant has provided the total height of the retaining wall, details for proposed building signage and the dumpster hours of service. The retaining wall will not exceed 15 feet in height. The revised plan also indicates the drive on Kanis Road as a right out only drive. Staff is supportive of the driveway configuration. The site is proposed with a 2,900 square foot building and 33 parking spaces. The building is proposed as an eating place with drive through service. The hours of operation are from 10:00 am to midnight Sunday through Thursday and from 10:00 am to 1:00 pm on Friday and Saturday. The dumpster hours of service have not been identified. Staff recommends the hours of service be limited to daylight hours while residential uses remain in the area. The request includes a replat of Lot 2 Kanis/Shackleford Subdivision. The replat would allow the creation of two lots. Lot 2A will contain 0.88 acres and is proposed for rezoning from 0-3, General Office District to PCD. Lot 26 will containing 0.75 acre and will remain zoned 0-3, General Office District. Lot 2B will require a variance from the Subdivision Ordinance to allow a lot to be created as a lot without public street frontage. The building is proposed as a single story building with a maximum building height of 35 feet. The specifics of the development include 7.5 percent of building coverage, 50.6 percent of paved area and 35.8 percent landscape area. A single dumpster location has been identified on the plan. A note on the site plan indicates the dumpster will be screened per the typical ordinance requirements for dumpster screening. The site plan indicates a 15 foot landscape buffer strip along the eastern perimeter of the site. The entirety of the landscape buffer strip is located within a sanitary sewer easement. The applicant has also indicated the buffer area will be entirely disturbed. The buffer ordinance states a minimum of 70 percent of the land use buffer must be left undisturbed. The ordinance also states right of way and any utility easements can not count in computing the depth or area of the land use buffer. January 8, 2009 ITEM NO.: D.1 (Cont.) FILE NO.: Z -4565-A Building signage is proposed consistent with signage allowed in commercial zones or a maximum of ten percent of the facade area abutting a public right of way. A single ground mounted monument sign is proposed within the front yard area. The sign is proposed with a maximum sign height of 36 feet and a maximum sign area of 160 square feet. The plan includes a 2,900 square foot restaurant building and 33 parking spaces. For a restaurant development, the ordinance typically requires the placement of one parking space per 100 gross square feet of building area. Parking to serve the restaurant use would typically require 29 parking spaces. The parking indicated is adequate to serve the use. Staff is supportive of the request and the associated variances. The site is located along an arterial street and the area includes a mixture of commercial and office uses. Staff feels the rezoning of the property to allow a restaurant use is appropriate for this site. STAFF RECOMMENDATIONS: 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. Staff recommends the dumpster service hours be limited to daylight hours as long as there is adjacent residential uses. Staff recommends approval of the variance request to allow a reduced buffer along the eastern perimeter of the site and the allowance to disturb the entire buffer area. Staff recommends approval of the variance request from the Subdivision Ordinance to allow the creation of a lot without public street frontage. Staff recommends approval of the variance from the minimum driveway spacing criteria for the right out drive located on Kanis Road. Staff recommends approval of the deferral request for the required street improvements for the addition of a left turn lane on Kanis Road for five years or until adjacent development occurs, whichever occurs first. PLANNING COMMISSION ACTION: (SEPTEMBER 18, 2008) The applicant was present. There were no registered objectors present. Staff presented the item stating the applicant had submitted a request dated August 28, 2008, requesting a deferral of this item to the October 30, 2008, public hearing. Staff stated they were supportive of the deferral request. 7 January 8, 2009 ITEM NO.: D.1 Cont. FILE NO.: Z -4565-A There was no further discussion of the item. The chair entertained a motion for placement of the item on the consent agenda for deferral. The motion carried by a vote of 6 ayes, 0 noes and 5 absent. PLANNING COMMISSION ACTION: (OCTOBER 30, 2008) The applicant was present. There were 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. Staff presented a recommendation the dumpster service hours be limited to daylight hours as long as there was adjacent residential uses. Staff also presented a recommendation of approval of the variance request to allow a reduced buffer along the eastern perimeter of the site and the allowance to disturb the entire buffer area. Staff presented a recommendation of approval of the variance request from the Subdivision Ordinance to allow the creation of a lot without public street frontage. Staff presented a recommendation of approval of the variance from the minimum driveway spacing criteria for the right out drive located on Kanis Road and the deferral request for the required street improvements for the addition of a left turn lane on Kanis Road for five years or until adjacent development occurred, whichever occurred first. Mr. Joe White of White Daters, Mr. Tom Cole of David Jones Company and Ms. Melanie Gibson of Collier International were present representing the request. Mr. White stated the request was to allow the development of the site with a sit-down restaurant which had a drive-through pick up window. He stated the buffer area was previously cleared for the installation of the sewer line. He stated the applicants would replant the area as required by the ordinance. Mr. Bill Waddell of the Arkansas Farm Bureau Federation was present in opposition of the request. He stated the Federation had a number of concerns most related to traffic. He stated the Federation sold the property to Bank Corp South a number of years ago with the understanding the site would be used as an office use. He stated Farm Bureau had been at this location for a number of years and most recently had constructed a daycare facility. He stated there were 300 employees of Farm Bureau and 150 preschool children served by the daycare. He stated this generated a great deal of traffic to the area. He stated when the .site plan was approved for Arkansas Farm Bureau the City did not allow the drive on South Shackleford Road to be a full access drive. He stated the site could only be entered from Shackleford Road when traveling northbound and exits on Shackleford Road were also allowed as northbound only. He stated this caused the drive on Kanis Road to be very congested. He stated traffic at the intersection of Kanis and Shackleford Road backed the length of the Farm Bureau site to the overpass of 1-430. He requested the Commission deny the request to allow the increase in intensity of zoning for the site. 0 January 8, 2009 ITEM NO.: DA (Cont. FILE NO.: Z -4565-A Mr. John Hathaway addressed the Commission in opposition of the request. He stated his firm represented Bank Corp South in the replatting and sale of the parcel being considered for rezoning to the current owner and also his firm represented Bank Corp South in the original purchase of the entire area. He stated Bank Corp South included in the Bill of Assurance for the sale restrictions on the land proposed for development. He stated use was not restricted but the developers were to receive approval of the site plan, building placement and other site development criteria prior to construction. He stated Bank Corp South had concerns with the traffic a food establishment would generate and the effects of the traffic on the access easement. He stated the use of the property was not restricted through the Bill of Assurance or a Deed Restriction but there were concerns by Bank Corp South with the proposed development of the site as a food service related to dumpster locations, smells and other activities. He requested the Commission defer the request until the bank could meet with the developers and work through some of their concerns. Mr. Roy Snook addressed the Commission. He stated he was an officer of Bank Corp South. He stated the Bank did not envision the site would be used for such an intense use as a restaurant when the agreements were put in place. He stated traffic on the access drive was a concern. He stated the bank would like the opportunity to review the site plan as outlined in the Bill of Assurance. The Commission questioned the City Attorney on the Commission's obligations and review of Bills of Assurance. Ms. Cindy Dawson, Deputy City Attorney, stated that the Board of Directors, through an ordinance has directed that the Commission shall review bills of assurance as a part of its review process. She stated that commissioners, however, are not required to follow provisions of bills of assurance, which are matters for enforcement by courts of law. Mr. Tom Cole stated traffic was a concern of the development. He stated this developer was being a part of the solution by adding a left turn lane at the time of redevelopment of the adjacent property or within five years. He stated the development was not a destination business but was proposed to take advantage of the nearby office and hotel uses. He stated the site would have one drive-through. He stated there were a number of banks and a carwash in the area which had a greater number of drive-through facilities than proposed by the applicant. He stated the streets were arterial streets. He stated the traffic counts for the streets was in excess of 30,000 vehicles per day. There was a general discussion concerning the Bill of Assurance and the conditions of the Bill of Assurance. There was also a general conversation concerning deed restrictions. Mr. White stated there property was not covered under a deed restriction but the Bill of Assurance did require the developers to provide to Bank Corp South site grading and construction plans prior to development. E January 8, 2009 ITEM NO.: DA (Cont. FILE NO.: Z -4565-A Mr. Hathaway stated the Bank did not have control over use only the Commission had control over use. He stated the Bank was requesting the developers meet with them to discuss traffic and how the use would affect the access drive which would be shared by the developments. Mr. Tom Cole stated the developers would defer the item to the December 18, 2008, public hearing to allow a meeting to occur between the interested parties. There was no further discussion of the item. The chair entertained a motion for deferral of the item. The motion carried by a majority of those present by a vote of 5 ayes, 4 noes, 1 absent and 1 open position. STAFF UPDATE: There has been no change to the site plan or proposed development plan since the previous public hearing. The applicant has met with the adjoining property owner as requested by the Commission at their October 30, 2008, public hearing. Staff continues to support the request as indicated in the previous Planning Commission write-up and minute record. PLANNING COMMISSION ACTION: (DECEMBER 18, 2008) The applicant was present. There were registered objectors present. Chairman Taylor stated when there were eight (8) or fewer Commissioners present the practice of the Commission had been to allow the applicant the option of deferral of an item to a subsequent meeting. He questioned if the applicant desired a deferral of the item to the January 8, 2009, public hearing. Mr. Joe White stated his desire was to defer the item to the January 8, 2009, public hearing. There was no further discussion of the item. The chair entertained a motion of approval of the item for deferral to the January 8, 2009, public hearing. The motion carried by a vote of 6 ayes, 0 noes, 2 absent and 3 open positions. STAFF UPDATE: This item was deferred from the December 18, 2008, public hearing due to the number of Commissioners present. There has been no change to the application request since the previous staff write-up and recommendation. Staff continues to recommend approval of the request to allow the development of the site as proposed for a restaurant and allow the creation of an additional lot to remain zoned 0-3, General Office District. 10 January 8, 2009 ITEM NO.: D.1 (Cont. FILE NO.: Z -4565-A PLANNING COMMISSION ACTION: (JANUARY 8, 2009) The applicant was present. There were no registered objectors present. Staff stated the applicant had contacted them requesting withdrawal of the item. Staff stated the withdrawal request would require a waiver of the Commission's By-laws due to the withdrawal request being made less than five business days prior to the public hearing. Staff stated they were supportive of the withdrawal request. There was no further discussion of the item. The chair entertained a motion for approval of the By-law waiver. The motion carried by a vote of 10 ayes, 0 noes and 1 absent. The chair entertained a motion of approval of the item for withdrawal. The motion carried by a vote of 10 ayes, 0 noes and 1 absent. 11 ITEM NO.: 3.1. NAME: Kanis/Shackleford Lot 2 Short -form PCD Z-4 LOCATION: located just West of Kaufman Road in the 10700 Block of Kanis Road Planning Staff Comments: Provide notification of property owners located within 200 feet of the site, complete with the certified abstract list, notice form with affidavit executed and proof of mailing. The notices must be mailed no later than September 3, 2008. The Office of Planning and Development must receive the proof of notice no later than September 12, 2008. 2. The three parking stalls backing into the drive should be reconsidered. 3. Provide the total height of the proposed retaining wall. 4. Provide a note on the site plan indicating the order board screening. 5. Provide details of the proposed building signage. 6. Will there be a building located within the parking lot to be used as inventory storage? If so provide the location of the proposed structure. 7. Provide the hours of dumpster service. 8. Provide details of any proposed fencing located on the site. 9. The parking required for a 2,900 square foot restaurant is 29 spaces - 36 have been provided. 10. Correct the hours of operation in the general notes section for Friday and Saturday. (10:00 am to 1:00 pm). VarianceANaivers: A variance to allow reduced driveway spacing. Public Works Conditions: 1. Kanis Road is classified on the Master Street Plan as a minor arterial. A dedication of right-of-way 45 feet from centerline will be required. An additional 10 feet of right- of-way, measured from the centerline of the right-of-way, for a future right turn lane should be dedicated. The additional 10 feet of right-of-way shall be measured 250 feet in length from the intersecting right-of-way. The western portion of this particular property shows to be within 250 feet of the intersecting right-of-way of Shackleford Road. 2. With site development, provide the design of street conforming to the Master Street Plan. An lieu contribution should be made for one half street improvements on Kanis Road for future dual left turn lanes with the planned development. 3. The driveway location do not meet the traffic access and circulation requirements of Sections 30-43 and 31-210. Per City code on minor arterial streets, the right-in/right- out driveway must be located at least 300 feet from another driveway and 150 feet from the property line. The spacing from the proposed right-in/right-out driveway from the existing common driveway is 150 feet and 250 feet from the existing Kaufman Road located to the east. If a new driveway is shared on the east property Item # 3.1. line, the existing driveway on the north side of Kanis Road would create conflicting left turn movements. If you have any questions or require additional information, please contact Traffic Engineering, Bill Henry, at 379-1816. 4. Repair or replace any curb and gutter or sidewalk that is damaged in the public right- of-way prior to occupancy. 5. A grading permit in accordance with Section 29-186 (c) and (d) will be required prior to any land clearing or grading activities at the site. Other than residential subdivisions, site grading and drainage plans must be submitted and approved prior to the start of construction. 6. Storm water detention ordinance applies to this property. Show the proposed location for storm water detention facilities on the plan. 7. Provide proposed elevations for the top and bottom of the proposed retaining wall. If wall height is greater than 15 feet a variance must be requested from the Land Alteration Regulations. 8. Plans of all work in right-of-way shall be submitted for approval prior to start of work. Obtain barricade permit prior to doing any work in the right-of-way from Traffic Engineering at (501) 379-1805 (Travis Herbner). 9. If disturbed area is one (1) or more acres, obtain a NPDES storm water permit from the Arkansas Department of Environmental Quality prior to the start of construction. Utilities and Fire Department/County Planning: Wastewater: Sewer service available to this property. Entergy: No comment received. Center -Point Energy: No comment received. AT & T: No comment received. Central Arkansas Water: All Central Arkansas Water requirements in effect at the time of request for water service must be met. A Capital Investment Charge based on the size of the meter connection(s) will apply to this project in addition to normal charges. Contact Central Arkansas Water Works regarding the size and location of the water meter(s). 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. Plans must be made to provide water service to Lot 2. Contact Central Arkansas Water for additional information. Fire Department: Place and install fire hydrants per code. Contact the Little Rock Fire Department for additional information. County Planning: No comment. CATA: The site is located CATA Bus Route # 3, Baptist Medical Center. Item 4 3.1. Planning Division: This request is located in the 1-430 Planning District. The Land Use Plan shows Office for this property. The applicant has applied for a rezoning from 0-3, General Office District to Planned Commercial Development. A Land Use Plan amendment is a separate item on this agenda (LU08-11-02) a change from Office to Commercial. Master Street Plan: Kanis and Shackleford Roads are both Minor Arterials on the Master Street Plan. A Minor Arterial provides connections to and through an urban area and their primary function is to provide short distance travel within the urbanized area. Entrances and exits should be limited to minimize negative effects of traffic and pedestrians on these streets since they are Minor Arterials. 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 this immediate vicinity. Neighborhood Action Plan: This area is covered by the John Barrow Neighborhood Plan. Their Commercial Development goal states: "To encourage the development of a sit-down restaurant in the area." This rezoning would allow the development of a new restaurant with sit-down dining on this site. Landscape: 1. The site plan must comply with the City's landscape and buffer ordinance requirements. 2. The zoning buffer ordinance requires an average street buffer of twelve feet (12') and in no case less than nine feet (9'). Currently, this average is not being met. The street buffer is to be provided behind the new right-of-way line. 3. A land use buffer averaging 11.95 feet is required along the sites eastern perimeter. Seventy percent of this area is to remain undisturbed. Utility easements cannot count towards fulfilling the land use buffer requirement. A buffer variance must be approved by the Commission to allow the buffer to remain as indicated. 4. The City Beautiful Commission recommends preserving as many existing trees as feasible on this tree covered site. Credit toward fulfilling Landscape Ordinance requirements can be given when preserving trees of six (6) inch caliper or larger. 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, September 3, 2008. Item # 3.1.