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HomeMy WebLinkAboutZ-5524-B Staff AnalysisMay 3, 1994 ITEM NO.: E FILE NO.: Z -5524-B NAME LOCATION: OWNER APPLICANT: PROPOSAL: ORDINANCE DESIGN STANDARDS: 1. Site Location Zulu's - Conditional Use Permit 401 South Bowman Road Tierney -Hale Partnership by Mark Buerkle of Rector Phillips Morse A conditional use permit is requested to allow for the construction of a 2,400 square foot restaurant (eating place without drive-in service) on this C-1 zoned, .6± acre site. An area of outdoor dining is proposed in a patio area to be located in front of the building. The site is located on the east side of Bowman Road, four blocks south of West Markham Street. 2. Compatibility with Neighborhood This property is located in a narrow strip of land on the east side of Bowman Road which serves as a buffer between the intense commercial development on the west side of — Bowman Road and the single family residential neighborhood located to the east. At the time this property was rezoned from 0-3 to C-1 in 1993, it was envisioned to be used for a small scale, low intensity commercial use which would provide a transition to single family from the larger more car -oriented commercial area. A highly intensive commercial use,.such as the proposed restaurant, does not comply with the transition concept envisioned for this site and staff feels that the proposed use would have an adverse impact on the adjacent residential neighborhood. 3. On -Site Drives and Parking A 2,400 square foot restaurant requires 24 on-site parking spaces. The applicant is proposing to construct a one-way drive circling around the building with 33 on-site parking 'May 3, 1994 ITEM NO.: E Continued FILE NO 7-5524_g spaces, two of which are designated as handicapped accessible. A single entry point onto Bowman Road is proposed. 4. Screeninc and Buffers Compliance with the City's Landscape and Buffer Ordinances is required. A 6 foot high opaque screen must be constructed on the property line where adjacent to residentially zoned properties. The dumpster must be enclosed on three sides with an 8 foot high opaque wall or fence. 5. City Engineer Comments Detention and Excavation Ordinances apply. Construct handicapped ramps. Dedicate additional 5 feet of right-of-way on Bowman Road. 6. utility Comments Southwestern Bell Telephone requires a 5 foot easement along the north property line. The area of the former Birchwood Drive right-of-way, located adjacent to the south of this site, was retained as a utility easement. This must be shown on the site plan. The existing 8 inch water main must be indicated in this easement. A sewer main extension is required with easements. 7. Analysis The request before the Planning Commission is a conditional use permit to allow for the construction of a 2,400 square foot restaurant, with outdoor dining, on this C-1 zoned property. The C-1 neighborhood commercial district is designed to accommodate limited retail developments within or adjacent to neighborhood areas for the purpose of supplying daily household needs of the residents for food, drugs and personal services. Commercial uses within this district should not depend on market areas larger than the neighborhood served. Staff feels that the proposed restaurant is so designed and located as to serve the much broader commercial needs of the community and will have an adverse impact on the adjacent residential neighborhood. 8. Staff Recommendation Staff recommends denial of this application as being incompatible with and having an adverse effect on the adjacent single family residential neighborhood. 2 May 3, 1994 ITEM NO.: E Continued FILE NO.: Z-5 24-B SUBDIVISION COMMITTEE COMMENT: (JANUARY 20, 1994) Mark Buerkle and Maury Mitchell were present representing the application. Staff presented the item and outlined the City Engineer, Utility, and Landscape/Buffer Comments noted above. It was pointed out that this site plan is contingent upon the Board of Directors approving the abandonment of Birchwood Drive, located south of this site. The applicant was told to provide details on parking lot lighting, hours of business, delivery hours and waste pickup hours. In response to a question from a commissioner, Mark Buerkle stated that there would be no other activity in the outdoor dining area besides dining. A lengthy discussion then followed concerning the City Engineer Comment to dedicate an additional 5 feet of right-of-way on Bowman Road. It was pointed out that the Master Street Plan requires a minimum of 45 feet from centerline and that there is currently a right-of-way of 40 feet from centerline. This portion of Bowman Road is classified as a minor arterial street on the Master Street Plan. The applicant was advised to have a revised site plan and responses to the various issues raised back to staff within a week. The Committee then forwarded this item to the full Commission for final resolution. PLANNING COMMISSION ACTION: (FEBRUARY 8, 1994) Mark Buerkle, Maury Mitchell and Andrew Hicks were present representing the application. There were several objectors present. Dana Carney, of the Planning Staff, presented the item and stated that one letter of opposition had been received. Mark Buerkle then addressed the Commission. Mr. Buerkle gave a brief description of the operation and asked that the Commission approve the application. Ken Davis, of 417 Springwood Drive, then addressed the Commission in opposition to the proposal. Mr. Davis stated that the proposed restaurant was too intense of a use for the property. 3 May 3, 1994 ITEM NO.: E (Continued) FILE NO.: Z -5524-B Patty Roberts, of 11805 Birchwood Drive, next addressed the Commission in opposition to the application. Mrs. Roberts stated that the odor, the noise and pests associated with the restaurant would have a negative impact on the adjacent property owners. Doyle Daniel, of 412 Springwood Drive, addressed the Commission in opposition to the proposed restaurant. Mr. Daniel stated that the outdoor seating, lights and noise associated with the business would have a negative impact on the adjacent residential properties. Mr. Daniel stated that the property is zoned C-1 and is to be used as neighborhood commercial. Commissioner Walker asked Mr. Buerkle to give details on the restaurant's operation. Mr. Buerkle responded that the restaurant was a family-oriented business. He further stated that the restaurant was nonsmoking and nonalcoholic and had no drive-thru. Mr. Buerkle continued by giving greater detail on the proposed lighting and landscaping associated with the project. Commissioner Walker asked Mr. Buerkle if the dumpster could be relocated from the rear portion of the property. Andrew Hicks responded that the dumpster is located to the rear of the property as the ordinance requires. Mr. Hicks stated that the dumpster would be enclosed and pointed out that there is an additional opaque screen along the east side of the property, on top of the slope, which would provide maximum screening. Commissioner Walker asked if a masonry wall could be put in place of the opaque fence along the east side. Mr. Hicks responded that a masonry wall could be used in that location. He stated that the applicant will work with staff and neighborhood residents to design the most effective screening. Additionally, Mr. Hicks stated that the lighting on the property would be low-level, 12 feet high, and would have minimal impact on adjacent properties. Ken Davis again addressed the Commission and stated that the neighborhood is still opposed to this use. Mr. Davis stated that the neighborhood residents were not here to discuss various aspects of the proposal. Maury Mitchell then addressed the Commission in favor of the application. 4 May 3, 1994 ITEM O.: E Continued FILE NO.: Z-5 24-B Jim Lawson, Director of the Department of Neighborhoods and Planning, then spoke to the Commission. He stated that this property should be used as an office use. Mr. Lawson stated that the property was zoned C-1 for a comic bookstore but that proposal did not develop. Mr. Lawson stated that this narrow strip on the east side of Bowman Road should be used by low intensity uses, not intense C-3 type uses. Ruth Bell, of the League of Women Voters of Pulaski County, then addressed the Commission in opposition to the proposed restaurant. She stated that she had concerns about the , restaurant's impact on the traffic on Bowman Road. Bill Henry, City Traffic Engineer, responded to Ms. Bell's concern. He stated that Bowman Road is, at this point, a five lane arterial with left turn lanes. Mr. Henry stated that traffic should not be a problem. (Note to file: prior to the commission meeting, Mr. Henry informed the Planning Staff that all improvements were in place on Bowman Road and that no further right-of-way dedication was required in association with this application.) Mark Buerkle then closed his presentation to the Commission by stating that the proposed restaurant is a family-oriented restaurant and will be compatible with the neighborhood. Commissioner Willis then made a motion to vote on the application. The vote was 3 ayes, 5 noes, 2 absent and 1 open position. The item was automatically deferred to the March 22, 1994 Planning Commission meeting. SUBDIVISION COMMITTEE COMMENT: (MARCH 3, 1994) The applicant was not present. Staff presented the item and informed the Committee that there was no new information to report. The Committee then forwarded this item to the full Commission for final resolution. PLANNING COMMISSION ACTION: (MARCH 22, 1994) The applicant, Mark Buerkle, was present. There was one objector present. Mr. Buerkle addressed the Commission and asked that the item be deferred to the May 3, 1994 Planning Commission meeting. He stated that an April 18, 1994 meeting had been arranged with the residents of the Birchwood Subdivision in hopes of resolving some outstanding neighborhood concerns. 5 May_ 3, 1994 ITEM NO.: E Continued FILE NO.: 3-559 -B The Commission asked Mr. Doyle Daniel, representing the Birchwood Neighborhood Association, if he was agreeable to the deferral. Mr. Daniels stated that the neighborhood was still opposed to the restaurant but was agreeable to the deferral to allow the meeting on April 18. The item was then placed on the Consent Agenda for deferral to the May 3, 1994 Planning Commission meeting. The vote was 10 ayes, 0 noes, 0 absent and 1 abstention (Walker). SUBDIVISION COMMITTEE COMMENT: (APRIL 14, 1994) Mark Buerkle was present representing the application. He reported that a neighborhood meeting is scheduled for April 18, 1994. Staff informed the Committee that there was no new information to report. The Committee then forwarded this item to the full Commission for final resolution. PLANNING COMMISSION ACTION: (MAY 3, 1994) The applicant, Mark Buerkle, was present. There were two objectors present. Mr. Buerkle addressed the Commission and asked that the application be withdrawn. A motion was made to waive the bylaws and place Consent Agenda for withdrawal. As part of the the item was approved for withdrawal. The vote 0 noes and 1 absent. 0 the item on the Consent Agenda, was 10 ayes,