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HomeMy WebLinkAboutZ-4654-B Staff AnalysisOctober 4, 2001 ITEM NO.: B NAME: Taco Bell - Revised PCD LOCATION: 4424 West Markham Street DEVELOPER: ENGINEER: FILE NO.: Z -4654-B K -Mac Enterprises, Inc. The Mehlburger Firm 1820 S. Zero 201 S. Izard Street Ft. Smith, AR 72901 Little Rock, AR 72201 AREA: 0.53 acre NUMBER OF LOTS: 1 FT. NEW STREET: 0 ZONING: PCD ALLOWED USES: Restaurant PROPOSED USE: Restaurant VARIANCES/WAIVERS REQUESTED: None requested. BACKGROUND. On September 3, 1986, the Board of Directors passed Ordinance No. 15,162 rezoning this property from R -4/R-5 to PCD, allowing the construction of a Taco Bell restaurant. The previously approved site plan included a 2,020 square foot restaurant building with drive through window and parking area. The site is accessed by way of two (2) drives; one (1) from West Markham Street and one (1) from Ash Street. The applicant filed a revised PCD application for a building addition Late last year, however, it was withdrawn, without prejudice by the Planning Commission on December 7, 2000. A. PROPOSAL/PROQUEST: The applicant proposes to revise the previously approved PCD site plan by constructing a 900 square foot addition to the rear (north side) of the existing Taco Bell restaurant October 4, 2001 SUBDIVISION ITEM NO.: B B C. FILE NO.: Z -4654-B building. The applicant wishes to expand the existing building to include Kentucky Fried Chicken as part of the existing restaurant use. The applicant notes that the number of seats in the restaurant will remain the same. Both the Taco Bell and Kentucky Fried Chicken restaurants will share the same seating area. The hours of operation will be as follows: 10:00 a.m. - 1:00 a.m., Sunday - Thursday 10:00 a.m. - 2:00 a.m., Friday - Saturday Aside from the building addition, the applicant will revise the three (3) parking spaces at the rear of the building; The drive locations, remainder of the parking and menu board location will remain unchanged. The applicant has also noted that there will be modification to the building facades to accommodate the addition of KFC. The maximum building height will be 23'-611. Copies of the proposed building elevations are attached for Planning Commission review. EXISTING CONDITIONS: The site contains the existing Taco Bell restaurant building, parking and landscaped areas. There are two (2) access points to the property, one from West Markham Street and one from Ash Street. The UAMS campus is located to the south across West Markham Street, with single-family residences to the north across "A" Street. There is an apartment complex immediately east of the site, with a mixture of office and commercial uses further east along the north side of West Markham Street. There is also a mixture of office and commercial uses to the west across Ash Street, along the north side of West Markham Street. NEIGHBORHOOD COMMENTS: The Hillcrest and Capitol View Stifft Station Neighborhood Associations were notified of the public hearing. As of this writing, staff has received two (2) informational phone calls in reference to this application. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: 1. This property must comply with new land alteration ordinance, buffers, and tree removal. 2. Property frontage on Ash Street and on "A" Street needs to have the sidewalks and ramps brought up to the current ADA standards. V October 4, 2001 SUBDIVISION ITEM NO.: B FILE NO.: Z -4654-B 3. Repair or replace any curb and gutter or sidewalk that is damaged in the public right-of-way prior to occupancy. 4. Plans of all work in right-of-way shall be submitted for approval prior to start of work. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer main crossing property in vicinity of building addition. No construction allowed over existing main unless main is relocated by Developer. Verify location of main in relation to building addition. Contact Little Rock Wastewater Utility for details. Entergy: No Comment received. ARKLA: No Comment received. Southwestern Bell: SWBT has buried cable on the east side of Ash Street. Please locate and mark all utilities before construction. Contact utility for details. Water: Contact Central Arkansas Water if larger or additional meters are required. Fire Department: Place fire hydrants per City code. Contact Dennis Free at 918-3752 for details. County Planning: No Comment. CATA: Project site is located on bus route #5 and has no effect on bus radius, turnout and route. F. ISSUES/TECHNICAL/DESIGN: Planning Division: This request is located in the Heights Hillcrest Planning District. The Land Use Plan shows Office for this property. The applicant has applied for a revision of the PCD for the addition of another food line to be served in the existing restaurant. The property is currently zoned PCD. A land use plan amendment is not required. 3 October 4, 2001 SUBDIVISION ITEM NO.: B FILE NO.: Z -4654-B City Recognized Neighborhood Action Plan: The applicant's property lies in the area covered by the Hillcrest Neighborhood Action Plan. The plan contains a goal of advancing the possibilities of the Hillcrest community, and preventing the deterioration of midtown Little Rock. The plan also contained a Land Use Objective of controlling the edge erosion of the neighborhood caused by incompatible uses. Landscape Issues: A landscaping upgrade toward compliance with the Landscape Ordinance will be required equal to the expansion proposed. Also, quite a few of the trees and shrubs, especially along the northern perimeter, have died and are required to be replaced and maintained. Building Codes: Provide new kitchen plans to City fo Obtain Health Department, approval. Little Rock Waste Water Utility that is adequate or have new one sized an Waste Water's contact is Roy Cannon plans to Mark Whitaker at 371-4839. G. SUBDIVISION COMMITTEE COMMENT: review and approval. Obtain letter from existing grease trap approved by LRWW. t 688-1429. Submit (AUGUST 2, 2001) Frank Riggins was present, representing the application. Staff described the Revised PCD to the Committee. Staff noted that a few additional items needed to be shown on the site plan. Mr. Riggins noted that he had scheduled a meeting with the Hillcrest and Capitol View Stifft Station Neighborhood Associations. The Public Works requirements were briefly discussed. Mr. Riggins noted that a sidewalk would be constructed along Ash Street. Staff pointed out the Little Rock Wastewater comment to Mr. Riggins. He noted that he would work with wastewater and relocate the sewer main if necessary. 4 October 4, 2001 SUBDIVISION ITEM NO.: B FILE NO.: Z -4654-B Bob Brown, of the Planning Staff, reviewed the landscape requirements with the applicant and Committee. He noted that an upgrade in landscaping would be required and that landscape plantings would be required within the north buffer area. After the discussion, the Committee forwarded the application to the full Commission for resolution. H. ANALYSIS: The applicant submitted a revised site plan to staff on' August 6, 2001. The additional information requested by staff at the Subdivision Committee meeting has been provided. The revised plan notes that the two (2) existing tree stumps within the north landscape area will be removed, with additional landscaping to be planted in this area. The applicant will need to meet with Bob Brown, of Planning and Development, to determine the quantity and variety of plantings for this area. The revised site plan also shows the approximate location of the sewer main which crosses this property. The main is in very close proximity to the proposed building addition. The applicant has noted that he will work with Little Rock Wastewater to determine the exact location of the sewer main and relocation of the main if necessary. There is an existing ground -mounted sign at the southwest corner of the property. The applicant has noted that a new sign will be placed at this location (replacing the existing sign), and have approximately the same height as the existing sign. The new sign will be approximately 51 square feet in area. The proposed revised site plan for this property shows a total of 22 parking spaces. The ordinance would typically require a minimum of 29 parking spaces for a restaurant development of this size. Staff feels that the number of parking spaces will be sufficient to serve the proposed restaurant use, based on the fact that the seating capacity for the restaurant will not increase. 5 October 4, 2001 SUBDIVISION ITEM NO.: B FILE NO.: Z -4654-B Otherwise, there should be no outstanding issues associated with the Revised PCD. Staff feels that the proposed restaurant addition will have no adverse impact on the general area. I. STAFF RECOMMENDATIONS: Staff recommends approval of the Revised PCD subject to the following conditions: 1. Compliance with the requirements as noted in paragraph D., E. and F. of this report. 2. A landscape upgrade will be required with increased 4 landscape plantings within the north landscape buffer area. 3. Any site lighting must be low-level and directed away from adjacent property. 4. The dumpster area must be screened on three (3) sides with an eight (8) foot high opaque fence or wall. PLANNING COMMISSION ACTION: (AUGUST 23, 2001) Frank Riggins was present, representing the application. Staff briefly described the Revised PCD application with a recommendation of approval as noted in paragraph I. of the agenda report. Frank Riggins addressed the Commission in support of the application. He briefly described the Revised PCD. Commissioner Nunnley asked if the existing hours of operation would be changed. He asked if the restaurant building would continue to be closed before the drive-thru. Mr. Riggins stated that as far as he knew, the hours would not change. Commissioner Berry asked Mr. Riggins if he had met with the neighborhood association. Mr. Riggins stated that he had. He stated that Hillcrest did not render an opinion as an association. He noted that Capitol View Stifft Station had no problem with the application. Commissioner Lowry also commented on hours of operation and asked about adding a condition concerning the hours of operation. Stephen Giles, City Attorney, commented that hours of operation were typically not made a condition of a Planned Development. He noted that the City's Zoning Ordinance did not 6 October 4, 2001 SUBDIVISION ITEM NO.: B FILE NO.: Z -4654-B address hours of operation. He noted that the Commission should not oppose an application based on the hours of operation. Commissioner Nunnley expressed concern with customers going into the restaurant late at night. Mr. Riggins stated that he would agree to a condition that the hours (restaurant hours and drive- thru hours) remain the same and not be extended. The hours of operation issue was briefly discussed. Commissioner Nunnley noted that closing the restaurant building and leaving the drive-thru open longer has worked well at other restaurant locations. John Theus addressed the Commission in opposition to the proposed building addition. He noted that he was speaking on behalf of the neighbors in the immediate area. He noted concern with traffic and traffic speeds in the general area of the restaurant. He also expressed concerns with noise (vehicles in the drive-thru lane, loitering and drive-thru speaker). He also expressed concern with trash on the streets adjacent to the restaurant. He also noted concern with over -building the site, Lighting was also noted as a concern. He noted that the neighbors in the area would like to see the following: 1. Speed bumps on Ash Street 2 A privacy fence along the Ash Street and "A" Street property lines. 3. The applicant address the issues of lighting and noise. 4. The applicant address the issue of trash and upkeep of the dumpster area. Sara Boone also expressed concern with the amount of traffic, traffic speeds and noise, and explained. Commissioner Adcock asked Mr. Riggins about the neighbor's concerns. Mr. Riggins noted that the restaurant owners needed to be made aware of the concerns and given an opportunity to respond. Commissioner Adcock noted that she wished to have answers to the neighbor's concerns. Vice -Chairman Rector asked about a deferral. Mr. Riggins noted that a deferral would be acceptable. Commissioner Floyd asked about screening. The issue was briefly discussed. Jim Lawson, Director of Planning and Development, noted that to staff's knowledge the property conformed to the approved PCD. bl October 4, 2001 SUBDIVISION ITEM NO.: B FILE NO.: Z -4654-B Commissioner Nunnley stated that the restaurant's extended hours drew undesirable elements to the area. Bob Turner, Director of Public Works, explained the traffic issues associated with the site. He also discussed the possibility of installing speed pumps on Ash Street. Mr. Turner expressed concerns that a cul-de-sac on Ash Street would hamper traffic in the general area. Commissioner Floyd asked about making making Ash Street one-way, southbound. Mr. Turner noted that Public Works could look at the possibility, but that it could cause circulation problems. Vice -Chairman Rector noted that the Back Yard Burgers restaurant had access only from Ash Street. Mr. Theus asked about stop signs in the immediate area to help calm traffic. Commissioner Berry made general comments about fast food restaurants. Commissioner Nunnley made additional comments relating to the restaurant's hours of operation. There was a motion to defer the application to the October 4, 2001 agenda. Commissioner Faust made comments regarding the operation of Taco Bell and the restaurant being a good neighborhood. Vice -Chairman Rector called for a vote on the motion to defer. The motion passed by a vote of 10 ayes, 0 nays and 1 absent. Mr. Theus made additional comments regarding the Taco Bell use. STAFF UPDATE: Bob Brown, Plans Development Administrator, conducted a review of the site's landscape/site plan. A copy of his report is attached. PLANNING COMMISSION ACTION: (OCTOBER 4, 2001) Frank Riggins, of the Mehlburger Firm, and Garold Loney, of K -Mac Enterprises, were present representing the application. 8 October 4, 2001 SUBDIVISION ITEM NO.: B FILE NO.: Z -4654-B There was one neighborhood resident present. Staff presented the item and noted the addition of the August 29, 2001 memorandum from Plans Development Administrator Bob Brown and the September 11, 2001 letter from Frank Riggins to John Theus. Staff amended their previous recommendation of approval to add to the conditions compliance with the recommendations and statements in both Mr. Brown's memo and Mr. Riggins' letter. Frank Riggins addressed the Commission and outlined the points in his letter. John Theus, of 205 N. Ash Street, addressed the Commission. He stated the neighborhood basically agreed with the points in Mr. Riggins' letter and saw the issue as a "win-win" situation. He specifically addressed three points. He asked that security be kept longer than 30 days or that the neighbors at least be involved before a decision is made to cease security. He stated the residents would continue to work with Public Works tc address traffic problems on Ash Street. He stated they found the plan acceptable, if all required landscaping and screening is installed. Mr. Theus stated the neighbors wanted contact with the property owner, not a holding company or an out-of-town property manager. In response to a question from Commissioner Lowry, Mr. Loney restated the hours of operation as previously noted. In response to a question from Commissioner Muse, Assistant Public Works Director Steve Beck stated his department had studied the various traffic control measures discussed at the last meeting and had found none of them to be feasible. He stated he would meet with Mr. Theus to further discuss the issue. A motion was made to approve the revised PCD, subject to compliance with all conditions recommended by staff. The vote was 9 ayes, 0 noes and 2 absent. D