HomeMy WebLinkAboutZ-6070-A Staff AnalysisJuly 23, 1998
ITEM NO.: 16
NAME-
LOCATION•
OWNER/APPLICANT•
PROPOSAL:
ORDINANCE DESIGN STANDARDS:
1. Site Location:
FILE NO.: Z -6070-A
Wade - Revised Conditional
Use Permit
3319 Barrow Road
Guy Wade
To amend an existing
conditional use permit for
this C-1 zoned property to
allow for enclosing an
existing carport to turn it
into an ice cream/convenience
store.
This site is located at the northeast corner of John
Barrow Road and 34th Street.
2. Compatibility with Neighborhood:
This site is surrounded by residential and commercial
property. To the north is a vacant lot and then a
beauty shop in a converted house zoned C-1. To the
south is a vacant lot and then another beauty shop in a
converted house zoned C-3. To the east is a vacant lot
zoned R-3. To the west and southwest across Barrow Road
are single family residences zoned R-3. To the
northwest are more businesses in converted houses zoned
C-1. As a ice cream shop/small convenience store this
business would be compatible with the uses and land use
plan for the neighborhood.
The John Barrow Neighborhood Association was notified of
the public hearing.
3. On -Site Drives and Parking:
There is a single driveway onto the property from 34th
Street.
Parking requirements are met as long as both uses are
not in use at the same time. There are currently eight
spaces. Add 5 parking spaces more than the eight
approved with the original conditional use permit if
July 23, 1998
SUBDIVISION
ITEM NO.: 16 (Cont.) FILE NO.: Z -6070-A
both uses will be operational at the same time. The
existing parking lot needs to be striped so parking
locations are clearly shown.
4. Screening and Buffers:
A landscaping upgrade toward compliance with the
landscape ordinance will be required equal to the
expansion proposed.
5. Public Works Comments:
1. Barrow Road is listed on the Master Street Plan as
a minor arterial. A dedication of right-of-way to
45 feet from centerline is required.
2. A 20 foot radial dedication of right-of-way is
required at the corner of Barrow Road and 34th
Street.
3. Dedicate to 30 feet of right-of-way from centerline
on 34th Street for this commercial street.
4. Provide design of 34th Street conforming to
commercial street standard. Construct one-half
street improvement to 34th Street including 5 -foot
sidewalk with planned development.
5. Repair or replace any curb and gutter or sidewalk
on Barrow Road that is damaged in the public right-
of-way prior to occupancy.
6. Barrow Road has a 1996 average daily traffic count
of 7,400 ADT.
6. Utility and Fire Department Comments:
Water: No objection.
Wastewater: Sewer available, not adversely affected.
Southwestern Bell: Approved as submitted.
ARKLA and AP&L: No Comments received.
Fire Department: Approved as submitted.
CATA: This site is not on a CATA bus route.
7. Staff Analysis:
A conditional use permit was approved for this site in
February 1996 for a "Hospitality House." At the same
time the zoning was changed from R-3 to C-1.
Now the applicant wishes to close in the carport and
make it into a ice cream shop/small convenience store.
�A
July 23, 1998
SUBDIVISION
ITEM NO.: 16 (Cont.)
FILE NO.: Z -6070-A
The new store will not be open at the same time as
events in the hospitality house to prevent parking
problems. The new use is intended for carryout only,
no sitting places inside or outside are planned.
This expansion should be compatible with the
neighborhood.
The applicant has requested in -lieu 15% payments
instead of doing the street improvements now along 34th
Street.
8. Staff Recommendation:
Staff recommends approval of the conditional use permit
subject to compliance with the following conditions:
1. Compliance with Public works Comments
2. Compliance with the City's Landscape and Buffer
Ordinances
3. The ice cream shop/convenience store is not to be
open at the same time the hospitality house is
being used for events.
4. The ice cream shop is to be carry -out only. There
is to be no on-site food consumption.
SUBDIVISION COMMITTEE COMMENT:
(JULY 2, 1998)
Guy Wade was present representing the application. Staff
gave a brief description of the proposal. Staff made it
clear to Mr. Wade that he needed to produce proof of
right-of-way dedication on Berry Road and on 34th Street.
There being no other issues, the Committee accepted the
application and forwarded it onto to the full Commission for
final resolution.
PLANNING COMMISSION ACTION:
(JULY 23, 1998)
The applicant, Guy Wade, was present. There were no
objectors present. Staff presented the item with a
recommendation for approval subject to compliance with the
conditions noted in the staff recommendation. It was also
determined that the original C.U.P. agreement included a
provision to dedicate a utility/drainage easement of 6.7
feet along with 38.3 feet right-of-way. That easement must
be finalized prior to issuing any building permit.
3
July 23, 1998
SUBDIVISION
ITEM NO.: 16 (Cont.)
FILE NO.: Z -6070-A
The item was placed on the Consent Agenda and approved as
recommended by staff including the easement dedication
condition. The vote was 11 ayes, 0 noes and 0 absent.
4
ITEM B Z-6-070
-
Owner: Guy and Beverly Wade
Applicant: Guy and Beverly Wade
Location: 3319 John Barrow Road
Request: Rezone from R-3 to C-3
Purpose: Unspecified commercial
development
Size: .30± acres
Existing use: Single-family residence
SURROUNDING LAND USE AND ZONING
North - Single -Family residence; zoned C-1
South - Beauty shop and vacant lots; zoned C-3
East - Vacant lot; zoned R-3
West - Single -Family residence; zoned R-3
ENGINEERING COMMENTS
The current right-of-way line is 38.27 feet from -the
centerline of John Barrow, Master Street Plan Right -of -Way
is 45 feet from centerline. Dedicate additional right-of-
way or seek a waiver from the Board of Directors.
West 34th Street right-of-way is currently 40 feet.
Commercial streets require 60 feet, dedicate an additional
10 feet of right-of-way.
With Construction: Provide adequate off-street parking and
drives per ordinances. This lot is too close to
intersection to permit a drive location onto Barrow Road.
The new driveby ordinance is to be 100 feet from Barrow
Road. Construct sidewalk and ramps for 34th Street. Street
improvements for 34th to commercial street standards will be
required. Existing street is a 21 foot chipseal and should
be 36 foot curb and gutter.
LAND USE ELEMENT
The site is located in the Boyle Park District. The adopted
Land Use Plan recommends Low Density Multifamily. The
request is for Commercial use. Staff agrees that the land
use plan should be reviewed in this location. A
xt.
Phone
E- �'1.
ITEM B Z-6070
neighborhood planning
a policy plan for the
with this committee to
amended.
STAFF ANALYSIS
committee has been working to develop
area, and staff would like to work
determine how the plan should be
The request is to rezone this property from "R-3" Single -
Family residential to "C-3" General Commercial. The
property consists of one single family residence occupying
two lots. No specific use has been proposed by the
applicant. The property is the only one on the east side of
Barrow Road, between 32nd and 36th Streets, which is not
zoned commercial. Adjacent property to the north is zoned
C-1 and properties across 34th Street to the south are zoned
C-3. It would appear that allowing some nonresidential use
of the property would be reasonable.
The Boyle Park District Land Use Plan currently recommends
low density multifamily for the site. The Plan does not
recognize much of the commercial zoning along Barrow Road,
between 33rd and 36th Streets. Staff feels that the Plan
should be reviewed in this area. A neighborhood planning
committee has been working to develop a policy for the area.
Staff would like to work with this committee to determine
how the Plan should be amended. --
STAFF RECOMMENDATION
Staff recommends that this item be deferred to the February 13,
1995 Commission meeting to allow for further review of the
Boyle Park District Land Use Plan in this area.
PLANNING COMMISSION ACTION: (JANUARY 2, 1996)
The applicant was not present. There were no objectors
present. Staff presented the item and recommended that the
item be deferred to the February 13, 1996 Commission meeting
to allow for further review of the Boyle Park District Land
Use Plan. It was noted that the applicant had agreed to the
deferral.
The item was placed on the Consent Agenda and deferred to
the February 13, 1996 Commission meeting.with a vote of
11 ayes, 0 noes and 0 absent.
LAND USE ELEMENT UPDATE:
The site is located in the Boyle Park District. The adopted
Land Use Plan recommends Low Density Multifamily. The
2
ITEM N B Z-6070 n
request is for Commercial. Upon review of the Plan, staff
determined the existing zoning pattern was ignored. In
order to assure the meaningfulness of the Plan, Staff
believes it is appropriate to amend the Plan.
A review of existing zoning and land use lead Staff to the
conclusion Commercial and Mixed Office Commercial are more
appropriate classifications along John Barrow Road in the
36th Street area. Since a Planning Committee has been
working in the area, Staff met with representatives of the
Committee to discuss a Plan Amendment.
Both Staff and the Neighborhood Planning Committee recommend
the following changes: 1) At 36th Street and John Barrow
Road the Mixed Use and Low Density Multifamily areas should
be changed to Commercial. However no access to Ludwig or
Longcoy should be allowed (open space strips); 2) From mid -
block between 35th and 34th Streets along John Barrow north
to 32nd Street, Mixed Office and Commercial would replace
Commercial and Low Density Multifamily classified areas; 3)
Either side of 37th Street along John Barrow the Mixed Use
and Single Family area would change to Mixed Office
Commercial.
These changes recognize the existing commercial and office
zoned tracts and also attempt to discourage any further
commercial stripping along John Barrow.
STAFF RECOMMENDATION UPDATE:
The site in question is within the area proposed by the Land
Use Plan Amendment to be Mixed Office and Commercial. Staff
believes "C-1" Neighborhood Commercial would be more
appropriate for the site than "C-3" General Commercial.
"C-1" more closely meets that intent of the Mixed Office and
Commercial designation and is designed to accommodate
limited retail development within or adjacent to
neighborhood areas.
Staff recommends denial of the "C-3" rezoning request and
recommends that the site be rezoned "C-111.
PLANNING COMMISSION ACTION: (FEBRUARY 13, 1996)
The applicant, Guy Wade, was present. There were no
objectors present. Staff presented an update on the review
of the existing zoning and land use in the area and
recommended that the property be zoned C-1. Dana Carney, of
the Planning Staff, noted that the proposed use was a
"Hospitality House." The structure will be remodeled and
made available for rent to accommodate special events such
as birthday parties, meetings, showers, small dinner groups,
Ll
Phone
ITEM _ B ...� 07. n
. Carney noted that the
receptions and small reunions. right in the C-1 district
proposed use was not permitted by fired. Mr.
and that a conditional use permit
would be greed to zoning the site
Carney stated that the applicant
C-1 and had submitted materials to request a conditional use
permit. Mr. Carney made reference to the cover letter,
house plan, facility use application and site plan which had
been prepared by Mr. Wade and presented to the Commission.
Mr. Carney stated that the site plan had been prepared with
help from the City Engineer's and Planning Staffs and that
issues such as landscaping, screening and parking lot design
were addressed. It was also noted that Mr. Wade had agreed
to limit signage to a single ground mounted sign 30 inches
square in size.
Mr. Carney noted the letter of support for the proposed use
which had been sent by the John Barrow Neighborhood
Association. He recommended approval of C-1 zoning and the
conditional use permit for the hospitality house.
In response to a question from Commissioner Lichty, Mr. Wade
stated that there would be a staff attendant present at all
times the facility is in use to monitor activity.
George Brown, Vice President of the John Barrow Neighborhood
Association, addressed the Commission in support of the
application. He stated that Mr. Wade had met with the
association and had addressed the group's three primary
concerns: parking, safety and on-site monitoring and
landscaping. Mr. Brown stated that the association voted
100% to support the application. He concluded by stating
that the proposed C-1 zoning was compatible with the
neighborhood plan and recommended approval of the
application.
A motion was made to approve the C-1 zoning as amended.
The motion was approved by a vote of 7 ayes, 0 noes and
4 absent.
A motion was made to approve a conditional use permit for
the hospitality house as presented by Mr. Wade. The motion
was approved by a vote of 7 ayes, 0 noes and 4 absent.
4
Phone Ext.
Teleohoned r I