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HomeMy WebLinkAboutZ-6101 Staff AnalysisMarch 28,'1996 ITEM N FILE NAME LQ TI N: QMjg R PPL_ICANT : PROPOSAL: Sonic - Conditional Use Permit 9420 Rodney Parham Road RLB Property/Sonic Restaurants by Jeff Mallett A conditional use permit is requested to allow for the construction of a drive-in restaurant on this C-3 zoned property. The applicant is also requesting a variance from the building line provisions of Section 31-12 tp permit construction of a canopy which crosses a platted building line. ORDINANCE DESIGN STANDARDS: 1. Site Location: The site is located on the north side of Rodney Parham Road, between Towne Oaks Drive and Treasure Hill Road. 2. Cam atibilit with Neighborhood: The site is completely surrounded by property which is zoned C-3, General Commercial. The Treasure Hill Residential Subdivision is located further south and west of this site. There are several. nonconforming C-4 uses in close proximity to this site. These include Mr. Tidy Car Wash (immediately west of this site), Green Tree Nursery at 9305 Rodney Parham Road, and BSS Rental at 9301 Treasure Hall Road. Given the diversity of commercial uses in this area, the proposed use should have little impact on the surrounding properties. 3. n- ite I]rives and Parkin The number of parking spaces proposed exceeds the minimum ordinance requirement. Two, one-way, access points from Rodney Parham Road are proposed. March 28, 1996 ITEM n . FILE No.: Z-51 1 4, scgeening and Buffers: The site must comply with the City's Landscape and Buffer ordinances. The site plan submitted exceeds the buffer and interior landscaping requirements. No additional landscaping is required. 5. city Fncfineer Comments: Please Note: The Jackpot #105 located at Treasure Hill and Rodney Parham is in remediation for BTEX contamination in soil and stormwater runoff. Advise contractor to minimize soil disturbance or removal. Report odors or contamination to the City Public Works Department or ADPL&E. Existing drives violate the LR Code Section 31-210, however, since they were permitted with prior construction permit, Public Works will permit continued use due to the minor change in plan from existing approved Rally's site plan. 6. utility Comments: AP&L - A 15 foot utility easement is requested around the entire perimeter of the site. 7. staff Analysis: The applicant is requesting a conditional use permit to allow for the construction of a Sonic drive-in restaurant on this C-3 zoned property, located at 9420 Rodney Parham Road. This site formerly contained a Rally's restaurant with double drive-thru windows. The Rally's building has been removed from the site, but the landscaping with curb and gutter, concrete parking areas and drives, and the site lighting remain on the site. The applicant is proposing to construct a 1,016 square foot building on this site, utilizing essentially the same site plan as the former Rally's restaurant. There will be a single drive-thru window on the west side of the building. The area along the east side of the building (formerly Rally's second drive-thru lane) will contain a small area for outdoor dining and a large landscaped area. A canopy will project from the east and west sides of the building covering the outdoor dining area, a row of parking spaces, and the drive- thru window location. There will also be a canopy constructed along the eastern property line, covering a second row of parking spaces. K March 28, 1996 ITEM N(Cont. FILE The applicant is requesting a variance under the building line provisions of Section 31-12 to permit construction of a canopy which crosses the 40 foot platted building line. This would be a very minor encroachment involving only the west corner of the canopy which would be attached to the front of the proposed building. The 40 foot platted building line is 15 feet greater than the 25 foot required minimum front yard as established by ordinance for the C-3 General Commercial zoning district. Staff feels that this minor encroachment would not be out of character with similar structures in the general area and should have no impact on -adjacent properties. If the building line variance is approved, the applicant will have to do a one lot replat to reflect the change approved by the Commission. The applicant should review the filing procedure with the circuit clerk to determine if the replat requires a revised Bill of Assurance. 8. Staff Recommend tion: Staff recommends approval of this application subject to the following conditions: 1. Compliance with the City's Landscape and Buffer Ordinances 2. Compliance with the City Engineer Comments 3. Compliance with the utility Comments 4. Staff recommends approval of the building line variance subject to a replat of the lot reflecting the change in the building line as approved by the Commission. gDBDIVISIO COMMITTEE CQ-b—MNT: (FEBRIIARY 22, 1996) Jeff Mallett and Mike Pierce were present, representing the application. Mr. Mallett gave a brief description of the proposal. There was a brief discussion regarding the type of use proposed and why this type of use requires a conditional use permit in the C-3 zoning district. There were no further comments on this matter. The Committee accepted the presentation and forwarded the issue to the full Commission for final action. 3 March 28, 1996 ITEM FILE Z- 1 1 PLANKIN9 COMMISSIQN ACT (MARCH 28, 1996) The Staff presented the item and a recommendation of approval as noted in the agenda "staff recommendation". There were no further issues for resolution. There were no objectors present. The Chairman placed the item before the Commission for inclusion within the Consent Agenda for approval. A motion to that effect was made. The motion was passed by a vote of 8 ayes, 0 nays, 2 absent and 1 open position. r 4 March 28, 1996 ITEM NO.: 8 FILE NO.: Z-6101 NAME : LOCATION: QWNERIAPPLICANT: PROPOSAL: ORDINANCE DESIGN STANDARDS: 1. Site Location: Sonic - Conditional Use Permit 9420 Rodney Parham Road RLB Property/Sonic Restaurants by Jeff Mallett A conditional use permit is requested to allow for the construction of a drive-in restaurant on this C-3 zoned property. The applicant is also requesting a variance from the building line provisions of Section 31-12 to permit construction of a canopy which crosses a platted building line. The site is located on the north side of Rodney Parham Road, between Towne Oaks Drive and Treasure Hill Road. 2. Compatibility with Nei hborhood: The site is completely surrounded by property which is zoned C-3, General Commercial. The Treasure Hill Residential Subdivision is located further south and west of this site. There are several nonconforming C-4 uses in close proximity to this site. These include Mr. Tidy Car wash (immediately west of this site), Green Tree Nursery at 9305 Rodney Parham Road, and B&S Rental at 9301 Treasure Hill Road. Given the diversity of commercial uses in this area, the proposed use should have little impact on the surrounding properties. 3. ❑n -Site. Drives and Parking: The number of parking spaces proposed exceeds the minimum ordinance requirement. Two, one-way, access points from Rodney Parham Road are proposed. March 28, 1996 ITEM NC_: 8 Cont. FILE Mn-- 2-5101 4. Screening and Buffers: The site must comply with the City's Landscape and Buffer Ordinances. The site plan submitted exceeds the buffer and interior landscaping requirements. No additional landscaping is required. 5. City En ineer Comments: Please Note: The Jackpot #105 located at Treasure Hill and Rodney Parham is in remediation for BTEX contamination in sail and stormwater runoff. Advise contractor to minimize soil disturbance or removal. Report odors or contamination to the City Public Works Department or ADPC&E. Existing drives violate the LR Code Section 31-210, however, since they were permitted with prior construction permit, Public Works will permit continued use due to the minor change in plan from existing approved Rally's site plan. 6. Utility Comments: AP&L - A 15 foot utility easement is requested around the entire perimeter of the site. 7. Staff Analysis: The applicant is requesting a conditional use permit to allow for the construction of a Sonic drive-in restaurant on this C-3 zoned property, located at 9420 Rodney Parham Road. This site formerly contained a Rally's restaurant with double drive-thru windows. The Rally's building has been removed from the site, but the landscaping with curb and gutter, concrete parking areas and drives, and the site lighting remain on the site. The applicant is proposing to construct a 1,016 square foot building on this site, utilizing essentially the same site plan as the former Rally's restaurant. There will be a single drive-thru window on the west side of the building. The area along the east side of the building (formerly Rally's second drive-thru lane) will contain a small area for outdoor dining and a large landscaped area. A canopy will project from the east and west sides of the building covering the outdoor dining area, a row of parking spaces, and the drive- thru window location. There will also be a canopy constructed along the eastern property line, covering a second row of parking spaces. 2 March 28, 1996 ITEM NO.: 8(Cont.)FILE O.: Z-6101 The applicant is requesting a variance under the building line provisions of Section 31-12 to permit construction of a canopy which crosses the 40 foot platted building line. This would be a very minor encroachment involving only the west corner of the canopy which would be attached to the front of the proposed building. The 40 foot platted building line is 15 feet greater than the 25 foot required minimum front yard as established by ordinance for the C-3 General Commercial zoning district. Staff feels that this minor encroachment would not be out of character with similar structures in the general area and should have no impact on.adjacent properties. If the building line variance is approved, the applicant will have to do a one lot replat to reflect the change approved by the Commission. The applicant should review the filing procedure with the circuit clerk to determine if the replat requires a revised Bill of Assurance. 8. St ff Recommendation: Staff recommends approval of this application subject to the following conditions: 1. Compliance with the City's Landscape and Buffer Ordinances 2. Compliance with the City Engineer Comments 3. Compliance with the utility Comments 4. Staff recommends approval of the building line variance subject to a replat of the lot reflecting the change in the building line as approved by the Commission. SUBDIVISION COMMITTEE MMENT: (FEBRIIARY 22, 1996) Jeff Mallett and Mike Pierce were present, representing the application. Mr. Mallett gave a brief description of the proposal. There was a brief discussion regarding the type of use proposed and why this type of use requires a conditional use permit in the C-3 zoning district. There were no further comments on this matter. The Committee accepted the presentation and forwarded the issue to the full Commission for final action. 3 March 28, 1996 ITEM NO.: Cont. FILE NO.: Z-6101 PLANNING COMMISSION ACTION: (MARCH 28, 1996) The Staff presented the item and a recommendation of approval as noted in the agenda "staff recommendation". There were no further issues for resolution. There were no objectors present. The Chairman placed the item before the Commission for inclusion within the Consent Agenda for approval. A motion to that effect was made. The motion was passed by a vote of 8 ayes, 0 nays, 2 absent and 1 open position. 4