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HomeMy WebLinkAboutZ-5383-C Staff Analysis1. Meeting Date: May 4, 1993 2. Case No.: Z -5383-C 3. Recruest: Conditional use permit to allow for the use of this C-1 zoned property and structure as a restaurant with no on-site parking. 4. Location: 5510 Kavanaugh Blvd. 5. Owner/Applicant: Lex Golden/L. Walter Quinn 6. Existina Status: vacant, former residential structure on a 50' X 140' C-1 zoned lot; there is also a single -car driveway and garage. 7. Proposed ❑se: 1,200 square foot restaurant 8. Staff Re ommendation: Denial, as being too intense of a use for this small lot and unable to meet on-site parking requirement of 12 spaces. 9. Planning Commission Recommendation: Denial, due to the fact that the item failed to receive 6 votes at two consecutive Planning Commission meetings. 10. Conditions or Issues Remaining to be Resolved: The applicant was not able to comply with the on-site parking requirement of 12 spaces. 11. Right -of -Way issues: Master Street Plan Improvements are required to Kavanaugh Blvd. 12. Recommendation Forwarded With: A final Planning Commission vote of 3 ayes, 5 noes, 2 absent and 1 not participating. 13. Objectors: Steve Joiner, Stephen Jenkins, and Karen Harbour representing Harvest Foods; Kelli and Bart Trickey of 2022 North Polk; George Wells, property manager of the Heights Theater Center. 14. Nei hborho Plan: Heights/Hillcrest (4) FILE NO.: Z-5 83-C NAME• LOCATION• OWNER/APPLICANT: PROPOSAL: ORDINANCE DESI N STANDARDS: 1. Site Location Quinn - Conditional Use Permit 5510 Kavanaugh Blvd. L. Walter Quinn A conditional use permit is requested to allow the use of this C-1 zoned structure and property for a cafe/restaurant. The applicant proposes to use the existing 1,200 square foot structure and requests a waiver of required on-site parking. This site is located on the north side of Kavanaugh Blvd., midway between Polk and Taylor Streets. 2. Compatibility with Nei hborhood The abutting property to the rear is single family residential, zoned R-2. Immediately west of this site are several commercial uses including a restaurant and an outdoor supply store. Adjacent to the east is a photography studio zoned 0-3. Across Kavanaugh, to the south, is a large commercial node with a variety of uses including two large food stores. This proposed use, a small cafe/restaurant, would --appear to be compatible with other uses in the immediate vicinity. Although the use itself appears compatible,`a restaurant at this location with no on-site parking would have a negative impact on the adjacent neighborhood. A restaurant is an intense commercial use, generating a parking requirement of one space per 100 square feet of gross floor area. At this point, Kavanaugh Blvd. is restricted to parking only on one side of the street. 3. On -Site Drives and Parkin A 1,200 square foot restaurant requires 12 on-site parking spaces. The applicant is requesting a waiver of all required on-site parking. He cites the presence of other restaurants in the Heights area that do not have on-site parking. FILE N Z- -C (Continued) 4. Screening and Buffers Compliance with the City's buffer ordinance is required. A 7 foot buffer with appropriate screening is required at the rear of the site where it is adjacent to the single family residential property. A 7 foot street side buffer is also required. Attention must be given to adequately screening the adjacent residential property and restrictions should be placed on the property to eliminate any outside uses such as a patio bar. S. City Engineer Comments Provide required on-site parking. Master Street Plan improvements are required to Kavanaugh Blvd.. 6. Utility Comments No negative utility comments as of this writing. 7. Analysis There have been several zoning actions on this property and several uses proposed over the last two years. The latest action was the granting of a conditional use permit for a dry cleaning plant in June of 1992. In this application, Mr. Quinn is proposing to utilize the existing former residential structure as a cafe/restaurant. He is requesting a waiver of on-site parking requirements. In each case that this property has gone before the Planning Commission or the Board of Adjustment, parking or the lack thereof has been an issue of concern. This particular proposal is for a cafe/restaurant, the most parking intensive use in the zoning ordinance. Staff feels that this proposed use is too intense for this lot. The applicant cannot meet the parking requirement. 8. Staff Recommendation Staff recommends denial of this application as being too intense of an use for this small lot and unable to meet on- site parking requirements. SUBDIVISION COMMITTEE CQMMENT: (FEBRUARY 18, 1993) The applicant was present. Staff presented the item and outlined the concerns regarding the lack of parking and the intensity of the proposed use. Discussion then took place between the 2 FILE NQ,: Z- -C(Continued) applicant and the Committee regarding the lack of on-site parking. The applicant stated that many of the uses in the Heights area have no on-site parking. Jerry Gardner of the City Engineer's Office addressed the Committee and explained the need for Master Street Plan improvements to Kavanaugh Blvd., such as curb, gutter and sidewalk. A committee member pointed out that a 1,200 square foot cafe/restaurant with no on-site parking would not generate a tremendous amount of customer traffic, and thus would not be that intense of a use. After a brief discussion, this matter was forwarded to the full Commission for final resolution. PLANNING COMMISSION ACTION: (MARCH 9, 1993) Chairman Walker stepped down prior to discussion of this item. The applicant, L. Walter Quinn and the project architect, Terry Burruss were present. There were two objectors present. Dana Carney, of the Planning staff, presented the item and offered a staff recommendation of denial based on the intensity of the use and the lack on-site parking. Mr. Burruss then addressed the Commission he stated that the owners have agreed to provide the required buffers and would have no outdoor use in the back portion of the property, thus limiting a potential impact on the adjacent residential property. He further stated that the required improvements would be made to Kavanaugh Blvd. Mr. Burruss then spoke at length about the required parking. He stated that only 50 to 60 percent of the building would be used for customer seating, and that the proposed restaurant would not generate a parking problem. He listed other uses in the Heights/Hillcrest neighborhood that do not have on-site parking. A commissioner then asked what the actual proposed seating was for the restaurant. Mr. Burruss stated that he did not know, but with the way the building is broken up into rooms, it would not be a large number. Mr. Quinn then addressed the Commission. He stated that the seating numbers had not yet been defined. He also listed other restaurants in the area that had limited or no on-site parking. Mr. Quinn stated that he was trying to save the existing building, and to make some viable use of the property. 3 PILE NO.: Z -5383-C (Continued) Mr. Quinn continued by stating that parking was going to be a problem for any proposed use for this site. Commissioner Willis asked if it was possible to put any parking in the back of the property. Mr. Quinn stated that he was willing to do whatever the Commission asked. Mr. Carney informed the Commission that it would be possible to put 3 to 4 parking spaces in the backyard, but that the driveway and required landscaping would be next to impossible to put in and that the rear yard parking could have a negative impact on the residential property adjacent to the rear. Karen Harbour, manager of the Harvest Foods Store at 5501 Kavanaugh, then addressed the Commission. She stated that the store was having a problem with neighborhood customers parking on its lot already and that a restaurant, with no on-site parking, at this location would only exacerbate the problem. She asked the Commission to deny the application. Stephen Jenkins, also of Harvest Foods, addressed the Commission. He reiterated Ms. Harbour's concerns about parking and voiced opposition to the proposed restaurant. Commissioner Willis asked if any attempts had been made to work out a lease agreement with Harvest Foods for use of some of its parking spaces. Both Mr. Jenkins and Mr. Quinn stated that there had been no discussion along those lines. Further discussion then followed centering on the required parking for this use and parking in the Heights area in general. Vice Chairman Chachere then called for a vote. At this point, there were only seven commissioners and it was mentioned to the applicant that he might want to request a deferral. Mr. Quinn stated that he would prefer a vote. A vote was taken on the application. The vote was 4 ayes, 2 noes, 4 absent and 1 abstention (Ball). The item was automatically deferred to the March 23, 1993 Planning Commission meeting for lack of 6 votes either positive or negative. 4 FILE NO.: Z-5383-C Continued PLANNING COMMISSION ACTION: (MARCH 23, 1993) Chairman Walker stepped down prior to discussion of this item. Vice Chairman Chachere presided. The applicant, L. Walter Quinn, and project architect, Terry Burruss, were present. There were objectors present. Dana Carney, of the Planning staff, presented the item and offered a staff recommendation of denial. Mr. Burruss addressed the Commission. He presented graphics to the Commission showing 32 on -street parking spaces within one block of this site, and also presented a proposal whereby three parking spaces could be put in the rear yard of this property. Mr. Burruss then presented a letter to the Commission from New Traditions, located at 1910 North Grant, agreeing to lease eight parking spaces to the proposed cafe/restaurant. Commissioner Putnam then stated that he was in favor of approving the restaurant with no on-site parking and letting it "work itself out." Commissioner Willis asked staff to comment on the parking lot in the rear yard and the lease agreement with New Traditions, as proposed by the applicant. Mr. Carney stated that, although the design submitted by Mr. Burruss would not work, it is possible to put three to four parking spaces in the rear yard. He then stated staff was concerned about reducing the negative impact on the residential property to the rear and the Commission would have to weigh the advantage of putting in three parking spaces over any possible negative impact. Mr. Carney then stated that New Traditions was located four to five blocks west of this site, and it was questionable as to whether this lease arrangement would have any real impact, except perhaps if the restaurant employees were required to park there. Doug Frank, owner of Ozark Outdoor Supply located at 5514 Kavanaugh Blvd., then addressed the Commission. He voiced his approval of the application without the required parking. Mr. Frank stated that a small neighborhood restaurant would not create that great of a parking need. Walter Quinn, the applicant, then addressed the Commission. He presented a letter from the Heights Merchants Association in support of the proposed restaurant. He also stated that he had spoken with the management of the Kroger Store, located one block south of this site, who said that they had no problem with the proposed restaurant. Mr. Quinn then stated that he had the support of many businesses in the Heights area. 5 FILE NO.: -Z-5383-C- Continued Commissioner Selz asked Mr. Quinn if he would take a proactive stance to keep customers off of Harvest Foods' parking lot. Mr. Quinn stated that he would. Steve Joiner, attorney for Harvest Foods, then addressed the Commission in opposition to the proposal. He presented a letter from Kelli and Bart Trickey of 2022 North Polk Street, voicing their opposition to allowing the cafe/restaurant without any on-site parking. Commissioner Putnam then told Steve Jenkins, of Harvest Food, that he did not see the problem, that some commercial use was going to go in this site. Mr. Jenkins told the Commission that Harvest Food had a similar problem with their store located in the Hillcrest area. A nearby restaurant, without adequate on-site parking, is utilizing Harvest Foods' parking lot and is creating a parking problem for Harvest Foods' customers. After further discussion, Commissioner Woods asked if there were any other businesses in the area in opposition to the proposed restaurant. Dana Carney informed the Commission that George Wells, property manager for the Heights Theater Commercial Center at 5600 Kavanaugh, had called to express his concern about the lack of parking in the area and had asked staff to make the Commission aware of this concern. Ruth Bell, of the League of Women Voters, addressed the Commission and voiced her opposition to the parking requirement being waived. Terry Burruss told the Commission that arrangements had been made for eight parking spaces at New Traditions, and that there are two on -street parking spaces in front of the proposed cafe/restaurant. t After further discussion, Karen Harbour, Manager of the Harvest Foods Store at 5501 Kavanaugh, addressed the Commission.. She stated that Harvest Foods works with the neighborhood and that many businesses have customers that park on Harvest Foods' parking lot. Ms. Harbour stated that it had reached the point where it was becoming a problem, and that Harvest Foods' customers were having trouble finding parking. Tim Polk, Assistant Director of the Department of Neighborhoods and Planning, asked how many patrons the restaurant would have. Mr. Quinn stated -that the restaurant would seat approximately 40 and would have five employees. After further discussion, Commissioner Putnam made a motion to approve the application with the condition that the lease agreement, with a time frame that is satisfactory to staff, be worked out with New Traditions. 6 FILE N Z- B - (Continued) The vote was 3 ayes, 5 noes, 2 absent and 1 not participating (Walker). This was the second meeting where this item failed to receive 6 votes. The item was declared to be denied. 7 March 23, 1993 ITEM NO.: A FILE NO.: Z-53$ --C NAME: LOCATION: OWNER APPLICANT: PRQPQSAL: ORDINANCE DESIGN STANDARDS: 1. 2. Site Location Quinn - Conditional Use Permit 5510 Kavanaugh Blvd. L. Walter Quinn A conditional use permit is requested to allow the use of this C-1 zoned structure and property for a cafe/restaurant. The applicant proposes to use the existing 1,200 square foot structure and requests a waiver of required on-site parking. This site is located on the north side of Kavanaugh Blvd., midway between Polk and Taylor Streets. Compatihility with Neighborhood The abutting property to the rear is single family residential, zoned R-2. Immediately west of this site are several commercial uses including a restaurant and an outdoor supply store. Adjacent to the east is a photography studio zoned 0-3. Across Kavanaugh, to the south, is a large commercial node with a variety of uses including two large food stores. This proposed use, a small cafe/restaurant, would appear to be compatible with other uses in the immediate vicinity. Although the use itself appears compatible, a restaurant at this location with no on-site parking would have a negative impact on the adjacent neighborhood. A restaurant is an intense commercial use, generating a parking requirement of one space per 100 square feet of gross floor area. At this point, Kavanaugh Blvd. is restricted to parking only on one side of the street. 3. On -Site Drives and Parkin A 1,200 square foot restaurant requires 12 on-site parking spaces. The applicant is requesting a waiver of all required on-site parking. He cites the presence of other restaurants in the Heights area that do not have on-site parking. March 23, 1993 ITEM NO.: A (Continued) FILE NO.: Z -5383-C 4. Screening n Buffer Compliance with the City's buffer ordinance is required. A 7 foot buffer with appropriate screening is required at the rear of the site where it is adjacent to the single family residential property. A 7 foot street side buffer is also required. Attention must be given to adequately screening the adjacent residential property and restrictions should be placed on the property to eliminate any outside uses such as a patio bar. 5. City-Encrineer Comments Provide required on-site parking. Master Street Plan improvements are required to Kavanaugh Blvd.. 6. Utility Comments No negative utility comments as of this writing. 7. Analysis There have been several zoning actions on this property and several uses proposed over the last two years. The latest action was the granting of a conditional use permit for a dry cleaning plant in June of 1992. In this application, Mr. Quinn is proposing to utilize the existing former residential structure as a cafe/restaurant. He is requesting a waiver of on-site parking requirements. In each case that this property has gone before the Planning Commission or the Board of Adjustment, parking or the lack thereof has been an issue of concern. This particular proposal is for a cafe/restaurant, the most parking intensive use in the zoning ordinance. Staff feels that this proposed use is too intense for this lot. The applicant cannot meet the parking requirement. 8. Staff Recommendation Staff recommends denial of this application as being too intense of an use for this small lot and unable to meet on- site parking requirements. 2 March 23, 1993 ITEM NO.: A Continued FILE NO.: Z -5383-C SUBDIVISION COMMITTEE COMMENT: (FEBRUARY 18, 1993) The applicant was present. Staff presented the item and outlined the concerns regarding the lack of parking and the intensity of the proposed use. Discussion then took place between the applicant and the Committee regarding the lack of on-site parking. The applicant stated that many of the uses in the Heights area have no on-site parking. Jerry Gardner of the City Engineer's Office addressed the Committee and explained the need for Master Street Plan improvements to Kavanaugh Blvd., such as curb, gutter and sidewalk. A committee member pointed out that a 1,200 square foot cafe/restaurant with no on-site parking would not generate a tremendous amount of customer traffic, and thus would not be that intense of a use. After a brief discussion, this matter was forwarded to the full Commission for final resolution. PLANNING COMMISSION ACTION: (MARCH 9, 1993) Chairman Walker stepped down prior to discussion of this item. The applicant, L. Walter Quinn and the project architect, Terry Burruss were present. There were two objectors present. Dana Carney, of the Planning staff, presented the item and offered a staff recommendation of denial based on the intensity of the use and the lack on-site parking. Mr. Burruss then addressed the Commission he stated that the owners have agreed to provide the required buffers and would have no outdoor use in the back portion of the property, thus limiting a potential impact on the adjacent residential property. He further stated that the required improvements would be made to Kavanaugh Blvd. Mr. Burruss then spoke at length about the required parking. He stated that only 50 to 60 percent of the building would be used for customer seating, and that the proposed restaurant would not generate a parking problem. He listed other uses in the Heights/Hillcrest neighborhood that do not have on-site parking. A commissioner then asked what the actual proposed seating was for the restaurant. Mr. Burruss stated that he did not know, but with the way the building is broken up into rooms, it would not be a large number. 3 March 23, 1993 ITEM NO.: A (Continued) FILE NO.: Z -5383-C Mr. Quinn then addressed the Commission. He stated that the seating numbers had not yet been defined. He also listed other restaurants in the area that had limited or no on-site parking. Mr. Quinn stated that he was trying to save the existing building, and to make some viable use of the property. Mr. Quinn continued by stating that parking was going to be a problem for any proposed use for this site. Commissioner Willis asked if it was possible to put any parking in the back of the property. Mr. Quinn stated that he was willing to do whatever the Commission asked. Mr. Carney informed the Commission that it would be possible to put 3 to 4 parking spaces in the backyard, but that the driveway and required landscaping would be next to impossible to put in and that the rear yard parking could have a negative impact on the residential property adjacent to the rear. Karen Harbour, manager of the Harvest Foods Store at 5501 Kavanaugh, then addressed the Commission. She stated that the store was having a problem with neighborhood customers parking on its lot already and that a restaurant, with no on-site parking, at this location would only exacerbate the problem. She asked the Commission to deny the application. Stephen Jenkins, also of Harvest Foods, addressed the Commission. He reiterated Ms. Harbour's concerns about parking and voiced opposition to the proposed restaurant. Commissioner Willis asked if any attempts had been made to work out a lease agreement with Harvest Foods for use of some of its parking spaces. Both Mr. Jenkins and Mr. Quinn stated that there had been no discussion along those lines. Further discussion then followed centering on the required parking for this use and parking in the Heights area in general. Vice Chairman Chachere then called for a vote. At this point, there were only seven commissioners and it was mentioned to the applicant that he might want to request a deferral. Mr. Quinn stated that he would prefer a vote. A vote was taken on the application. The vote was 4 ayes, 2 noes, 4 absent and 1 abstention (Ball). The item was automatically deferred to the March 23, 1993 Planning Commission meeting for lack of 6 votes either positive or negative. 4 March 23, 1993 ITEM NO.: A Continued FILE NO.: Z-5 83-C PLANNING COMMISSIONACTICN: (MARCH 23, 1993) Chairman Walker stepped down prior to discussion of this item. Vice Chairman Chachere presided. The applicant, L. Walter Quinn, and project architect, Terry Burruss, were present. There were objectors present. Dana Carney, of the Planning staff, presented the item and offered a staff recommendation of denial. Mr. Burruss addressed the Commission. He presented graphics to the Commission showing 32 on -street parking spaces within one block of this site, and also presented a proposal whereby three parking spaces could be put in the rear yard of this property. Mr. Burruss then presented a letter to the Commission from New Traditions, located at 1910 North Grant, agreeing to lease eight parking spaces to the proposed cafe/restaurant. Commissioner Putnam then stated that he was in favor of approving the restaurant with no on-site parking and letting it "work itself out." Commissioner Willis asked staff to comment on the parking lot in the rear yard and the lease agreement with New Traditions, as proposed by the applicant. Mr. Carney stated that, although the design submitted by Mr. Burruss would not work, it is possible to put three to four parking spaces in the rear yard. He then stated staff was concerned about reducing the negative impact on the residential property to the rear and the Commission would have to weigh the advantage of putting in three parking spaces over any possible negative impact. Mr. Carney then stated that New Traditions was located four to five blocks west of this site, and it was questionable as to whether this lease arrangement would have any real impact, except perhaps if the restaurant employees were required to park there. Doug Frank, owner of Ozark Outdoor Supply located at 5514 Kavanaugh Blvd., then addressed the Commission. He voiced his approval of the application without the required parking. Mr. Frank stated that a small neighborhood restaurant would not create that great of a parking need. Walter Quinn, the applicant, then addressed the Commission. He presented a. letter from the Heights Merchants Association in support of the proposed restaurant. He also stated that he had spoken with the management of the Kroger Store, located one block south of this site, who said that they had no problem with the proposed restaurant. Mr. Quinn then stated that he had the support of many businesses in the Heights area. 5 March 23, 1993 ITEM NO.: A Continued FILE NO.: Z -5383 - Commissioner -538 - Commissioner Selz asked Mr. Quinn if he would take a proactive stance to keep customers off of Harvest Foods' parking lot. Mr. Quinn stated that he would. Steve Joiner, attorney for Harvest Foods, then addressed the Commission in opposition to the proposal. He presented a letter from Kelli and Bart Trickey of 2022 North Polk Street, voicing their opposition to allowing the cafe/restaurant without any on-site parking. Commissioner Putnam then told Steve Jenkins, of Harvest Food, that he did not see the problem, that some commercial use was going to go in this site. Mr. Jenkins told the Commission that Harvest Food had a similar problem with their store located in the Hillcrest area. A nearby restaurant, without adequate on-site parking, is utilizing Harvest Foods' parking lot and is creating a parking problem for Harvest Foods' customers. After further discussion, Commissioner Woods asked if there were any other businesses in the area in opposition to the proposed restaurant. Dana Carney informed the Commission that George Wells, property manager for the Heights Theater Commercial Center at 5600 Kavanaugh, had called to express his concern about the lack of parking in the area and had asked staff to make the Commission aware of this concern. Ruth Bell, of the League of Women Voters, addressed the Commission and voiced her opposition to the parking requirement being waived. Terry Burruss told the Commission that arrangements had been made for eight parking spaces at New Traditions, and that there are two on -street parking spaces in front of the proposed cafe/restaurant. After further discussion, Karen Harbour, Manager of the Harvest Foods Store at 5501 Kavanaugh, addressed the Commission. She stated that Harvest Foods works with the neighborhood and that many businesses have customers that park on Harvest Foods' parking lot. Ms. Harbour stated that it had reached the point where it was becoming a problem, and that Harvest Foods' customers were having trouble finding parking. Tim Polk, Assistant Director of the and Planning, asked how many patrons Mr. Quinn stated that the restaurant and would have five employees. 11 Department of Neighborhoods the restaurant would have. would seat approximately 40 March 23, 1993 ITEM NO.: A_OCQn-tinued) FILE Na.: Z -5.3$3-C After further discussion, Commissioner Putnam made a motion to approve the application with the condition that the lease agreement, with a time frame that is satisfactory to staff, be worked out with New Traditions. The vote was 3 ayes, 5 noes, 2 absent and 1 not participating (Walker). This was the second meeting where this item failed to receive 6 votes. The item was declared to be denied. 7