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HomeMy WebLinkAboutZ-5524-D Staff AnalysisOctober 31, 1995 ITEM N 15 FILE N Z- 24-D NA LOCATIO nWNERIAPPLI�.ANT: PROPOSAL_: ORDINANCE DESIGN TANDARD : 1. Site Lo ion• Smith - Conditional Use Permit 401 S. Bowman Road Willis Smith A conditional use permit is requested to allow a restaurant with drive-through window on this C-1 zoned site. The proposed site is located on the east side of Bowman Road, approximately 600' north of Chenal Parkway. 2. CopUatibility with Neiahborh 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, n- i Driv and -Parkin : The 2,400 square foot restaurant requires 24 on-site parking spaces. The applicant is proposing 37 on-site parking spaces. A single access point from Bowman Road is proposed. -- �.• s• a EM i I- Compliance with the City's Landscape and Buffer Ordinances is required. October 31, 1995 SUBDIVTETON ITEM NO. 1.5 [Cont.] FILE NO. Z -5524-D Areas set aside for buffers and landscaping meet with ordinance requirements. Curb and gutter or another approved border will be required to protect landscaped areas from vehicular traffic. 5. City En in r' mm n Stormwater detention analysis is required. Sidewalk exists at back of curb. City Ordinance specifies that parking spaces are to be 20 feet deep. The Board of Directors approved a right-of-way of 40 feet from the centerline of Bowman Road in 1992, Ordinance No. 16,149. Control of runoff from excavation is necessary due to proximity of adjacent residential lots. 6. utility commentg: A 5 foot Southwestern Bell Telephone easement is required along the east property line. The 8 inch water main and abandoned right-of-way of Birchwood Drive (retained as a utility easement) should be shown. This main may conflict with the proposed sewer main to the east. 7. Staff An 1 i : The applicant requests a conditional use permit to allow for the construction of a 2,400 square foot restaurant, with drive-through window, 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. S. f R mm n i n - Staff recommends denial of this application as being incompatible with and having an adverse effect on the adjacent single family residential neighborhood. 2 I October 31, 1995 SIIBDIVISION ITEM NO.: I(Cont.)FILE NO.: Z- 24-D IIBDIVISION COMMITTEE COMMENT: (OCTOBER 12, 1995) The applicant was not present. Staff presented the application. There was a brief discussion regarding the type of restaurant which is being proposed. The Committee accepted the presentation and forwarded the issue to the full Commission for final action. PLANNING COMMISSION ACTION: (OCTOBER 31, 1995) The applicants, Pete Hornibrook and Larry Shelton, were present. There were three objectors present. Staff presented the item and a recommendation of denial. Pete Hornibrook, of Rector Phillips Morse, spoke in support of this application. Mr. Hornibrook discussed the zoning and the location of the property. Mr. Hornibrook also discussed the size and type of the proposed restaurant. Mr. Hornibrook also reviewed the site plan in regards to buffer area (number of screening shrubs to be planted in buffer area) and dumpster location. Havis Jacks, of 416 Alamo, spoke in opposition of the conditional use permit. He made brief statements regarding the fact that the proposal does not conform to the neighborhood. Floyd Boyd, vice-president of the Birchwood Neighborhood Association, spoke in opposition of the proposal. Commissioner Putnam briefly discussed the lack of information of the topography of the land, sight and noise exposure, etc. Commissioner Woods made a statement that the use is the main question posed to the Commission. Ken Davis, treasurer of the Birchwood Neighborhood Association also spoke in opposition of the proposal, as being inappropriate for the property. The Chairman called for a vote on the application. The application was denied by a vote of 0 ayes, 8 nays and 2 absent. 3 Staff : 1. The site plan submitted does not allow for the 10 foot wide buffer required along the northern and southern site perimeters. The minimum requirement is 6 1/2 feet when buffer areas are transferred to another area of the site. Also, the minimum buffer requirement along Cross Street is 6 feet. 2. A 6 foot high opaque screen is required along the southern property line. This screen may be a wooden fence with its face side outward or evergreen shrubs 30 inches in height at planting spaced every 3 feet. 3. The Landscape Ordinance requires a 6 foot (4 feet with transfer) landscape strip along the northern, southern and eastern site perimeters. Also, it requires that 6% of the vehicular use area be landscaped within the parking lot itself. Additionally, a 3 foot wide building landscape strip between the public parking and building is required. Some flexibility with the building landscaping is allowed. Curb and gutter or another approved border will be required to protect landscaped areas from vehicular traffic. 4. Must submit a revised site plan showing parking areas, landscape, and buffer areas in compliance with the City's Zoning and Landscape Ordinances. 15. Smith - C_IjLP. Z -5524-D Public Works- Stormwater detention analysis is required. Sidewalk exists at back of curb. City Ordinance specifies that parking spaces are to be 20 feet deep. The Board of Directors approved a right-of-way of 40 feet from the centerline of Bowman Road in 1992, Ordinance No. 16,149. Control of runoff from excavation is necessary due to proximity of adjacent residential lots. utilities: 1. water Works - The 8" water main and abandoned R/W of Birchwood Dr. (retained as a utility easement) should be shown. This main may conflict with the proposed sewer main to the east. 2. A 5 foot Southwestern Bell Telephone easement is required along the east property line. 3 16. 17 . Staf f : 1. Must comply with the City's Landscape and Buffer Ordinances. 2. Areas set aside for buffers and landscaping meet with ordinance requirements. Curb and gutter or another approved border will be required to protect landscaped areas from vehicular traffic. 3. Signage plans 4. Hours of operation? 5. Need letter of authorization from property owner. S roles - C.U.F. Z -6049-A Public Works-. Public Works has indicated requirements with prior permit action. Utility: Water Works Due to the nature of the water usage in this facility installation of an RPZ backflow preventer will be required. Staf f 1. Compliance with the City's Landscape and Buffer ordinances is required. 2. The landscape strip along the eastern perimeter must not drop below 4 feet in width. 3. If conditional use permit is approved, all other uses in the building (except for the beauty shop) must be allowable uses in the 0-3 District. 4. Building setbacks were approved through previous Board of Adjustment action. Alltel - .U.P. (Z-6042 Public works: No issues apparent to Public Works Utilities: OK Staff: The face side of the proposed fence must be directed outward. 4