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HomeMy WebLinkAboutZ-6219-E Staff AnalysisITEM NO.: 11. NAME: Bella Rosa Revised Long -form PCD Z -6219-E LOCATION: located on the Southwest corner of Cantrell Road and Bella Rosa Drive at 16055 Cantrell Road Planninq Staff Comments, 1. Provide notification of abutting property owners of the site, complete with the certified abstract list, notice form with affidavit executed and proof of mailing. The notice must be mailed no later than June 20, 2007. The Office of Planning and Development must receive the proof of notice no later than June 28, 2007. Variance/Waivers: None requested. Public Works Conditions: No comment. Utilities and Fire Department/County Planning: Wastewater: Sewer is available to this property. Entergy: No comment received. Center -Point Energy: Approved as submitted. AT and T: No comment received - Central Arkansas Water: No comment. Fire Department: No comment. County Planning: No comment. CATA: The site is not located on a dedicated CATA Bus Route. Planning Division. This request is located in the River Mountain Planning District. The Land Use Plan shows Transition for this property. The applicant has applied for a revision to a Planned Commercial Development to revise hours of operation. The request does not require a change to the Land Use Plan. Master Street Plan, Cantrell Road is shown as a Principal Arterial on the Master Street Plan and Bella Rosas Drive is shown as a Local Street. The primary function of a Item# 11 Principal Arterial is to serve through traffic and to connect major traffic generators or activity centers within urbanized areas. The primary function of a Local Street is to provide access to adjacent properties. These streets may require dedication of right-of- way and may require street improvements. Bicycle Plari� Existing or proposed Class 1, 11, or III Bikeways are not in the immediate vicinity of the development. City Recognized Neiqhborhaod Action Plan: The property under review is not located in an area covered by a City of Little Rock recognized neighborhood action plan - Landscape: No comment. Revised plat/plan: Submit four (4) copies of a revised preliminary plat (to include the additional information as noted above) to staff on Wednesday, June 20, 2007. Item # 11 FILE NO.: Z -6219-E NAME: Bella Rosa Revised Long -form PCD LOCATION: Located on the Southwest corner of Cantrell Road and Bella Rosa Drive at 16055 Cantrell Road DEVELOPER: Rector Phillips Morse, Inc 1501 N. University Avenue, Suite 800 P.O. Box 7300 Little Rock, AR 72217 AGENT: Wdght, Lindsey and Jennings, LLP 200 West Capitol Avenue, Suite 230 Little Rock, AR 72201 ENGINEER: McGetrick Engineers 10 Otter Court, Suite A Little Rock, AR 72210 AREA: 7.5 Acres CURRENT ZONING: ALLOWED USES: PROPOSED ZONING PROPOSED USE: NUMBER OF LOTS: 1 PCD FT. NEW STREET: 0 Office/Wa rehouse — Mini -warehouse development Revised PCD Same — A revision to the hours of operation VARIANCES/WAIVERS REQUESTED: None requested. BACKGROUND� On November 21, 1996, the Planning Commission reviewed and denied a request to rezone the site from R-2, Single-family to POD to allow the site to develop with limited office space, conditioned storage and mini -storage. The proposal included the placement of 102,775 square feet of improvements, containing approximately FILE NO.: Z -6219-E (Cont.) 18,000 square feet of office and office/warehouse space, including an on-site manager's office and apartment comprising approximately 1,600 square feet. The balance of the project was to be self -storage units. On March 11, 2004, the Little Rock Planning Commission made a recommendation of approval of a request to redevelop this 7.5 -acre site located on the southwest corner of Cantrell Road and Bella Rosa Drive as a Planned Commercial Development. The applicant intended to develop the site with a total of 82,800 square feet of office and mini -warehouse buildings. The site was to contain a single building of office containing a total of 29,000 square feet and an office/managers residence for the mini -warehouse development. A second building would contain 28,000 square feet of conditioned storage accessed from interior halls and three buildings of stand-alone mini -warehouse buildings containing a total of 25,800 square feet of space. The total building coverage proposed was 34,3 percent with 27 percent of the site designated as landscaped/green space area. The approved site plan contained 117 parking spaces with 19 spaces proposed for boat and RV storage. The days and hours of operation proposed were from 7 am to 8 pm seven days per week. The mini -warehouse would have 24-hour access. The approval allows 0-3 uses and an allowance for ten percent of the gross floor area as 0-3 accessory Uses with the 29,000 square foot office building. The Little Rock Board of Directors adopted Ordinance No. 19,072 on April 6, 2004, establishing the Bella Rosa Long -form PCD as presented to the Little Rock Planning Commission. The Little Rock Planning Commission denied a request to revise the previously approved Planned Commercial Development at their January 20, 2005, public hearing. The request was to amend the previously approved PCD to add office/showroom/wa rehouse as allowable activities for the site (currently allowable in 0-3 with a Conditional Use Permit). The request was not appealed to the Board of Directors. On January 5, 2006, the Little Rock Planning Commission recommended denial of a request to revise the previously approved PCD to allow additional uses to occupy the site. The proposal included the allowance of up to 60% of the 29,000 square foot office building to be utilized as office, showroom and warehouse space and to allow a health studio or spa use. This recommendation was appealed to the Board of Directors but was withdrawn by the applicant prior to the April 18, 2006, public hearing. On May 11, 2006, the Little Rock Planning Commission approved a request to extend the hours of operation for the restaurant portion of the site closing at 11:00 pm Monday through Thursday, Midnight on Friday and Saturday and 10:00 pm on Sunday. The hours of operation for the mini -warehouse facility established a closing time of 8:00 pm and any potential office uses in the center would be limited to a 9:00 pm closing time. The Board of Directors denied this request at their June 6, 2007, public hearing. A. PROPOSAL/REQUEST: The applicant is seeking an amendment to the previously approved Planned Commercial Development to modify the current allowable hours of operation for 4 FILE NO.: Z -6219-E (Cont.) A C. IC E the 10% accessory use in the Bella Rosa Property located at 16055 Cantrell Road. The space is occupied by a restaurant, Jim's Razorback Pizza and at present the hours of operation area from 7:00 am to 8:00 pm, Sunday through Saturday. The applicant requests modification of the current hours of operation from the 10% accessory use by extending the closing hours to 10:00 pm Sunday through Thursday and until 11:00 pm on Friday and Saturday. The date of the last Board of Directors action on this 'item was June 6, 2006, The application is being filed for the Planning Commission's meeting on July 5, 2007, which is more than one year from the date of the last action. EXISTING CONDITIONS: The site has developed with an office development and a mini -warehouse facility. A creek runs along the western and southern perimeters. The property to the east of the site (across Bella Rosa Drive) is vacant. Further to the east is the Seven Acres Business Park zoned POD and developed with a mix of commercial and office uses. To the southeast are single-flamily homes adjoining the northern bank of the creek. To the south of the site (across the creek) a single-family subdivision is currently under construction and further south are single-family homes fronting Bella Rosa Drive. To the west of the proposed site (west of the creek) are also vacant lands fronting Cantrell Road. North of the site are single-family homes on acreage. NEIGHBORHOOD COMMENTS: As of this writing, staff has received one informational phone call from an area resident. All property owners located within 200 -feet of the site, all residents who could be identified located within 300 -feet of the site along with the Westchester and Johnson Ranch Neighborhood Associations were notified of the Public Hearing. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: No comment. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer is available to this property. Enter-gy: No comment received. Center -Point Ener_q : Approved as submitted. AT and T: No comment received. -C-1 FILE NO.: Z -6219-E (Cont.) Central Arkansas Water: No comment. Fire Department: No comment. County Planning: No comment, CATA: The site is not located on a dedicated CATA Bus Route. F. ISSUES/TECHNICAL/DESIGN: Planning Division: This request is located in the River Mountain Planning District. The Land Use Plan shows Transition for this property. The applicant has applied for a revision to a Planned Commercial Development to revise hours of operation. The request does not require a change to the Land Use Plan. Master Street Plan: Cantrell Road is shown as a Principal Arterial on the Master Street Plan and Bella Rosas Drive is shown as a Local Street. The primary function of a Principal Arterial is to serve through traffic and to connect major traffic generators or activity centers within urbanized areas. The primary function of a Local Street is to provide access to adjacent properties. These streets may require dedication of right-of-way and may require street improvements. Bicycle Plan: Existing or proposed Class 1, 11, or III Bikeways are not in the immediate vicinity of the development. City Recognized Neighborhood Action Plan: The property under review is not located in an area covered by a City of Little Rock recognized neighborhood action plan. Lag�! A�ae.- No comment. G. SUBDIVISION COMMITTEE COMMENT: (June 14, 2007) The applicant was not present. Staff presented an overview of the proposed development stating they would contact the applicant to resolve any questions and concerns raised during the preliminary review process. There was no further discussion of the item. The Committee then forwarded the item to the full Commission for final action. H, ANALYSIS: There were no outstanding issues associated with the request remaining from the June 14, 2007, Subdivision Committee meeting. The applicant is proposing to amend the previously approved PCD to allow a modification in the hours of 2 FILE NO.: Z -6219-E operation only. The sole purpose of the application is to revise the PCD to specify that the hours of operation for the 10 percent accessory use. The proposed hours would allow the existing restaurant use to operate from 7 am to 10 pm Sunday through Thursday and from 7 am to 11 pm on Friday and Saturday. The modification to the hours would apply only to the 10 percent accessory use and the remaining uses within the development, excluding the mini -warehouse portion of the development, will continue with a closing time of 8 pm. The mini -warehouse portion will remain with 24-hour access as was previously approved. Staff previously supported an extension of the hours of operation as did the Planning Commission. The Board of Directors, as the final decision makers, denied this request. Within the area, nothing has changed from one year ago. Staff believes, based on past history of this site and the Board of Directors denying a similar request in June of last year, they cannot support allowing the extension of the hours as proposed. By the Board of Directors' action they have indicated they do not feel this is an appropriate location for a development which operates within the hours as proposed. The building was approved for 0-3, General Office District uses. Staff feels the hours of operation of the office building should be in keeping with an office development and be limited to the previously approved hours. STAFF RECOMMENDATION. Staff recommends denial of the request as filed. PLANNING COMMISSIONACTION: (JULY 5, 2007) The applicant was present. There were registered objectors and registered supporters present. Staff presented the item with a recommendation of denial. Mr. Bill Spivey addressed the Commission on the merits of the request. He stated the owners of the Bella Rosa Commerce Center were requesting a modest change to the approved hours of operation. He stated the restaurant had established a presence in the neighborhood as a family friendly restaurant. He stated the 8 pm closing had created a hardship on the business but the owners were adhering to the approved hours. He stated the request was to extend the hours beyond the current 8 pm closing for the 10 percent accessory use only. He stated the Commission had reviewed several requests for revisions to the approved PCD a number of which involved a change in use. He stated this was not the case for this application request. He stated the only change was to allow this modest extension for a closing time of 10 pm on week nights and 11 pm on weekends. He stated the goal of the owners was to fill the center. He stated staff had indicated there had been no change along Highway 10 in the previous year. He stated this may be true at this location but a number of changes had taken place along the corridor in the previous 12 months. 5 FILE NO.: Z -6219-E (Cont.) Mr. Mike Arnold addressed the Commission. He stated he was the owner of Jim's Razorback Pizza. He stated the business had been grown to a family oriented business. He stated the development was not a sports bar as was previously portrayed. He stated 80 percent of the sales was generated from food and 20 percent was generated from alcohol sales. He stated the hours being requested were similar to other uses along Highway 10. He stated without the extended hours it was difficult to operate a profitable business. He provided the Commission with letter and petitions of support of the restaurant and the requested hours of operation. Mr. Tommy Williams addressed the Commission in support. He stated he lived in the area and enjoyed taking his family to the restaurant. He stated the restaurant catered to children with an area devoted to games for the children. He stated he worked downtown and it was difficult to get home and out to eat before the 8 pm closing. He stated his children enjoyed going for dinner at the pizza place and it was difficult for them to understand when an establishment was closed. Mr. Robert Schillinger addressed the Commission in support. He stated his family enjoyed going for pie at this family restaurant. He stated the business was not a bar but was a family oriented business, He stated he also worked downtown and it was a chore to get home and back out to eat before the 8 pm closing. Mr. Phil Kaplan addressed the Commission in opposition. He stated he was representing Gene Pfeifer as well as himself in the opposition. He stated he had presented to the Commission previously his opposition to the request to extend the hours and he was once again. He stated he was not opposed to businesses being open if the business was located in an area zoned for such hours. He stated this development was approved for limited hours and the owners should have investigated the hours prior to locating in the center. He stated the development had not adhered to the approved hours of operation. He stated during the time the development was presenting to the Commission and the Board of Directors for extended hours the restaurant was continuing to operate past the 8 pm closing. He stated only when the Judge ruled the City did have the power to impose limits on the hours of operation did the restaurant begin closing at 8 pm. He stated the development was touted as a sports bar. He stated on the walls were a number of television sets tuned to sporting events at any given time. He stated given the history the Commission had an obligation to follow the Board of Directors action of denial and not approve the extension of the hours of operation. Ms. Ruth Bell addressed the Commission in opposition. She questioned if the modification was approved how long would it be before the applicant came back and requested some other minor modification. She stated the development was originally approved with a commercial component which was to compliment the office portion of the development. Mr. Spivey stated conversations were taking place to ensure the development would not be returned to the Commission for a number of years. He stated these negotiations were preliminary and at this point were not a point of discussion for the Commission. R FILE NO.: Z -6219-E (Cont-) He stated the request was a modest revision to the hours of operation. He stated the Planning Commission was the relief and the owners would like to have the Board of Directors revisit the issue of the limited hours. The Commission questioned if the developer was willing to limit the extended hours to this restaurant use. He stated he was not willing to limit the hours to this specific user. He stated the owner was willing to limit the hours for a use other than a restaurant to 10 pm. Mr. Arnold stated he was willing to commit to not coming back to the Commission. He stated his company had grown by opening three facilities in nine months four years ago. He stated his desire was to operate additional restaurants in the City but prior to purchasing or locating he would verify the zoning and ensure the hours were compatible with the business. Commissioner Adcock questioned why he had not relocated. He stated his company had a great deal invested in the property which was not recoupable if he relocated. He stated he felt he was a part of the community and wanted to stay in the area. T here was no further discussion of the item. The Chair entertained a motion for approval of the item. The motion carried by a vote of 7 ayes, 1 noes, 2 absent and 1 open position. 7 July 5, 2007 ITEM NO.: 11 FILE NO.: Z -6219-E NAME: Bella Rosa Revised Long -form PCD LOCATION: Located on the Southwest corner of Cantrell Road and Bella Rosa Drive at 16055 Cantrell Road DEVELOPER: Rector Phillips Morse, Inc 1501 N. University Avenue, Suite 800 P.O. Box 7300 Little Rock, AR 72217 AGENT: Wriight, Lindsey and Jennings, LLP 200 West Capitol Avenue, Suite 230 Little Rock, AR 72201 ENGINEER: McGetrick Engineers 10 Otter Court, Suite A Little Rock, AR 72210 AREA: 7.5 Acres CURRENT ZONING: ALLOWED USES: PROPOSED ZONING: NUMBER OF LOTS: 1 PCD FT. NEW STREET: 0 Office/Warehouse — Mini -warehouse development Revised PCD PROPOSED USE: Same — A revision to the hours of operation VARIAN CES/\NAIVERS REQUESTED: None requested. BACKGROUND: On November 21, 1996, the Planning Commission reviewed and denied a request to rezone the site from R-2, Single-family to POD to allow the site to develop with limited office space, conditioned storage and mini -storage. The proposal included the July 5, 2007 SUBDIVISION ITEM NO.: 11 (Cont.) FILE NO.: Z -6219-E placement of 102,775 square feet of improvements, containing approximately 18,000 square feet of office and office/warehouse space, including an on-site manager's office and apartment comprising approximately 1,600 square feet. The balance of the project was to be self -storage units. On March 11, 2004, the Little Rock Planning Commission made a recommendation of approval of a request to redevelop this 7.5 -acre site located on the southwest corner of Cantrell Road and Bella Rosa Drive as a Planned Commercial Development. The applicant intended to develop the site with a total of 82,800 square feet of office and mini -warehouse buildings. The site was to contain a single building of office containing a total of 29,000 square feet and an office/managers residence for the mini -warehouse development. A second building would contain 28,000 square feet of conditioned storage accessed from interior halls and three buildings of stand-alone mini -warehouse buildings containing a total of 25,800 square feet of space. The total building coverage proposed was 34.3 percent with 27 percent of the site designated as landscaped/green space area. The approved site plan contained 117 parking spaces with 19 spaces proposed for boat and RV storage. The days and hours of operation proposed were from 7 am to 8 pm seven days per week. The mini -warehouse would have 24-hour access. The approval allows 0-3 uses and an allowance for ten percent of the gross floor area as 0-3 accessory uses with the 219,000 square foot office building- The Little Rock Board of Directors adopted Ordinance No. 19,072 on April 6, 2004, establishing the Bella Rosa Long -form PCD as presented to the Little Rock Planning Commission. The Little Rock Planning Commission denied a request to revise the previously approved Planned Commercial Development at their January 20, 2005, public hearing. The request was to amend the previously approved PCD to add office/showroom/warehouse as allowable activities for the site (Gurrently allowable in 0-3 with a Conditional Use Permit). The request was not appealed to the Board of Directors. On January 5, 2006, the Little Rock Planning Commission recommended denial of a request to revise the previously approved PCD to allow additional uses to occupy the site. The proposal included the allowance of up to 60% of the 29,000 square foot office building to be utilized as office, showroom and warehouse space and to allow a health studio or spa use. This recommendation was appealed to the Board of Directors but was withdrawn by the applicant prior to the April 18, 2006, public hearing. On May 11, 2006, the Little Rock Planning Commission approved a request to extend the hours of operation for the restaurant portion of the site closing at 11:00 pm Monday through Thursday, Midnight on Friday and Saturday and 10:00 pm on Sunday. The hours of operation for the mini -warehouse facility established a closing time of 8:00 pm and any potential office uses in the center would be limited to a 9:00 pm closing time. The Board of Directors denied this request at their June 6, 2007, public hearing. 2 July 5, 2007 SUBDIVISION ITEM NO.: 11 (Cont.) FILE NO.: Z -6219-E A. PROP OSAUREQ U EST: The applicant is seeking an amendment to the previously approved Planned Commercial Development to modify the current allowable hours of operation for the 10% accessory use in the Bella Rosa Property located at 16055 Cantrell Road. The space is occupied by a restaurant, Jim's Razorback Pizza and at present the hours of operation area from 7:00 am to 8:00 pm, Sunday through Saturday. The applicant requests modification of the current hours of operation from the 10% accessory use by extending the closing hours to 10:00 pm Sunday through Thursday and until 11:00 pm on Friday and Saturday. The date of the last Board of Directors action on this item was June 6, 2006. The application is being filed for the Planning Commission's meeting on July 5, 2007, which is more than one year from the date of the last action. B. EXISTING CONDITIONS: The site has developed with an office development and a mini -warehouse facility. A creek runs along the western and southern perimeters. The property to the east of the site (across Bella Rosa Drive) is vacant, Further to the east is the Seven Acres Business Park zoned POD and developed with a mix of commercial and office uses. To the southeast are single-family homes adjoining the northern bank of the creek. To the south of the site (across the creek) a single-family subdivision is currently under construction and further south are single-family homes fronting Bella Rosa Drive. To the west of the proposed site (west of the creek) are also vacant lands fronting Cantrell Road. North of the site are single-family homes on acreage. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has received one informational phone call from an area resident. All property owners located within 200 -feet of the site, all residents who could be identified located within 300 -feet of the site along with the Westchester and Johnson Ranch Neighborhood Associations were notified of the Public Hearing. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: No comment. E_ UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer is available to this property. 3 July 5, 2007 SUBDIVISION ITEM NO.: 11 (Cont. F. 9 EnterqV: No comment received. Center -Point Energ : Approved as submitted. AT and T: No comment received. Central Arkansas Water: No comment. Fire Der)artment: No comment. FILE NO.: Z -6219-E County Planning: No comment. CATA: The site is not located on a dedicated CATA Bus Route. ISSUES/TECHNICAL/DESIGN: Planning Division: This request is located in the River Mountain Planning District. The Land Use Plan shows Transition for this property. The applicant has applied for a revision to a Planned Commercial Development to revise hours of operation. The request does not require a change to the Land Use Plan. Master Street Plan: Cantrell Road is shown as a Principal Arterial on the Master Street Plan and Bella Rosas Drive is shown as a Local Street. The primary function of a Principal Arterial is to serve through traffic and to connect major traffic generators or activity centers within urbanized areas. The primary function of a Local Street is to provide access to adjacent properties. These streets may require dedication of right-of-way and may require street improvements. Bicycle Plan: Existing or proposed Class 1, 11, or III Bikeways are not in the immediate vicinity of the development. City Recognized Neighborhood Action Plan: The property under review is not located in an area covered by a City of Little Rock recognized neighborhood action plan. Landscape: No comment. SUBDIVISION COMMITTEE COMMENT: (June 14, 2007) The applicant was not present. Staff presented an overview of the proposed development stating they would contact the applicant to resolve any questions and concerns raised during the preliminary review process. There was no further M July 5, 2007 SUBDIVISION ITEM NO.: 11 (Cont.) FILE NO.: Z -6219-E discussion of the item. The Committee then forwarded the item to the full Commission for final action. H. ANALYSIS: There were no outstanding issues associated with the request remaining from the June 14, 2007, Subdivision Committee meeting. The applicant is proposing to amend the previously approved PCD to allow a modification in the hours of operation only. The sole purpose of the application is to revise the PCD to specify that the hours of operation for the 10 percent accessory use. The proposed hours would allow the existing restaurant use to operate from 7 am to 10 pm Sunday through Thursday and from 7 am to 11 pm on Friday and Saturday. The modification to the hours would apply only to the 10 percent accessory use and the remaining uses within the development, excluding the mini -warehouse portion of the development, will continue with a closing time of 8 pm. The mini -warehouse portion will remain with 24-hour access as was previously approved. Staff previously supported an extension of the hours of operation as did the Planning Commission. The Board of Directors, as the final decision makers, denied this request. Within the area, nothing has changed from one year ago. Staff believes, based on past history of this site and the Board of Directors denying a similar request in June of last year, they cannot support allowing the extension of the hours as proposed. By the Board of Directors' action they have indicated they do not feel this is an appropriate location for a development which operates within the hours as proposed. The building was approved for 0-3, General Office District uses. Staff feels the hours of operation of the office building should be in keeping with an office development and be limited to the previously approved hours. 1. STAFF RECOMMENDATION: Staff recommends denial of the request as filed - PLANNING COMMISSION ACTION: (JULY 5, 2007) The applicant was present. There were registered objectors and registered supporters present. Staff presented the item with a recommendation of denial. Mr. Bill Spivey addressed the Commission on the merits of the request. He stated the owners of the Bella Rosa Commerce Center were requesting a modest change to the approved hours of operation. He stated the restaurant had established a presence in the neighborhood as a family friendly restaurant. He stated the 8 pm closing had created a hardship on the business but the owners were adhering to the approved 5 July 5, 2007 SUBDIVISION ITEM NO., 11 (Cont. FILE NO.: Z -6219-E hours. He stated the request was to extend the hours beyond the current 8 pm closing for the 10 percent accessory use only. He stated the Commission had reviewed several requests for revisions to the approved PCD a number of which involved a change in use. He stated this was not the case for this application request. He stated the only change was to allow this modest extension for a closing time of 10 pm on week nights and 11 pm on weekends. He stated the goal of the owners was to fill the center. He stated staff had indicated there had been no change along Highway 10 in the previous year. He stated this may be true at this location but a number of changes had taken place along the corridor in the previous 12 months. Mr. Mike Arnold addressed the Commission. He stated he was the owner of Jim's Razorback Pizza. He stated the business had been grown to a family oriented business. He stated the development was not a sports bar as was previously portrayed. He stated 80 percent of the sales was generated from food and 20 percent was generated from alcohol sales. He stated the hours being requested were similar to other uses along Highway 10. He stated without the extended hours it was difficult to operate a profitable business. He provided the Commission with letter and petitions of support of the restaurant and the requested hours of operation. Mr. Tommy Williams addressed the Commission in support. He stated he lived in the area and enjoyed taking his family to the restaurant. He stated the restaurant catered to children with an area devoted to games for the children. He stated he worked downtown and it was difficult to get home and out to eat before the 8 pm closing. He stated his children enjoyed going for dinner at the pizza place and it was difficult for them to understand when an establishment was closed. Mr. Robert Schillinger addressed the Commission in support. He stated his family enjoyed going for pie at this family restaurant. He stated the business was not a bar but was a family oriented business. He stated he also worked downtown and it was a chore to get home and back out to eat before the 8 pm closing. Mr. Phil Kaplan addressed the Commission in opposition. He stated he was representing Gene Pfeifer as well as himself in the opposition. He stated he had presented to the Commission previously his opposition to the request to extend the hours and he was once again. He stated he was not opposed to businesses being open if the business was located in an area zoned for such hours. He stated this development was approved for limited hours and the owners should have investigated the hours prior to locating in the center. He stated the development had not adhered to the approved hours of operation. He stated during the time the development was presenting to the Commission and the Board of Directors for extended hours the restaurant was continuing to operate past the 8 pm closing. He stated only when the Judge ruled the City did have the power to impose limits on the hours of operation did the restaurant begin closing at 8 pm. He stated the development was touted as a sports bar. He stated on the walls were a number of television sets tuned to sporting events at any given time. He stated given the history the Commission had an obligation to follow A July 5, 2007 SUBDIVISION NO. - 11 (Cont.) FILE NO.: Z -6219-E the Board of Directors action of denial and not approve the extension of the hours of operation. Ms. Ruth Bell addressed the Commission in opposition. She questioned if the modification was approved how long would it be before the applicant came back and requested some other minor modification. She stated the development was originally approved with a commercial component which was to compliment the office por-�on of the development. Mr. Spivey stated conversations were taking place to ensure the development would not be returned to the Commission for a number of years. He stated these negotiations were preliminary and at this point were not a point of discussion for the Commission. He stated the request was a modest revision to the hours of operation. He stated the Planning Commission was the relief and the owners would like to have the Board of Directors revisit the issue of the limited hours. The Commission questioned if the developer was willing to limit the extended hours to this restaurant use. He stated he was not willing to limit the hours to this specific user. He stated the owner was willing to limit the hours for a use other than a restaurant to 10 pm. Mr. Arnold stated he was willing to commit to not coming back to the Commission. He stated his company had grown by opening three facilities in nine months four years ago. He stated his desire was to operate additional restaurants in the City but prior to purchasing or locating he would verify the zoning and ensure the hours were compatible with the business. Commissioner Adcock questioned why he had not relocated. He stated his company had a great deal invested in the property which was not recoupable if he relocated. He stated he felt he was a part of the community and wanted to stay in the area. There was no further discussion of the item. The Chair entertained a motion for approval of the item. The motion carried by a vote of 7 ayes, 1 noes, 2 absent and 1 open position. 7