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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