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HomeMy WebLinkAboutZ-6450 Staff AnalysisFebruary 5, 1998 ITEM NO.: 28 NAME: LOCATION• OWNER/APPLICANT: PROPOSAL: ORDINANCE DESIGN STANDARDS: 1. Site Location: FILE NO.: Z-6450 Hilburn - Conditional Use Permit 12011 Westhaven Drive Corky Pork Partners/ Tommy Hilburn A conditional use permit is requested to allow for the construction of an eating place with drive-in service on this C-3 zoned property. The site is located on the south side of Westhaven Drive, one lot west of Bowman Road. 2. Compatibility with Neighborhood: The property is located within the intensely developed. Chenal Parkway/Bowman Road/Markham Street Commercial node. All surrounding properties are zoned C-3 and are occupied by a variety of commercial uses such as restaurants, retail stores and a movie theater. The use is compatible with development in the area. The Parkway Place and Birchwood Neighborhood Associations were notified of the public hearing. 3. On -Site Drives and Parking: This 900 square foot restaurant building requires nine on-site parking spaces. However, this use is not designed for customers to enter the building. Customers will either eat in their cars or will pick up food to be eaten elsewhere. A small number of outdoor dining tables will also be provided. In order to accommodate employees, the applicant has secured an agreement from Carmike Cinemas and Corky's Restaurant to allow use of seven parking spaces each. Six additional spaces other than the covered parking are provided. February -5, 1998 SUBDIVISION ITEM NO.: 28 (Cont.) FILE NO.: Z-6450 4. Screenina and Buffers: Areas set aside for buffers and landscaping meet with ordinance requirements with the exception of the lack_ of building landscaping. Though there is considerable flexibility with this requirement a small amount of landscaping is required between some of the public parking area and building. (A revised plan was submitted which shows the required building landscaping.) 5. Public Works Comments: 1. Grading permit will be required on this new development, if it disturbs more than one acre. 2. Obtain barricade and street cut permits prior to construction within right-of-way. 3. Maximum driveway width is 40 feet per City Ordinance. 6. utility and Fire Department Comments: Water: No objection. Wastewater: Sewer available, not adversely affected. Fire Department: Show location of fire hydrants. Southwestern Bell: Approved as submitted. CATA: Site is not located on a CATA bus route. 7. Staff Analysis: The applicant proposes to construct an "eating place with drive-in service" on the C-3 zoned property located at 12011 Westhaven Drive. The project consists of a modular drive-in restaurant with drive -up window service intended for food consumption off-site and also 19 covered parking stalls with curb service intended for food consumption on the promises in motor vehicles. A small number of outdoor dining tables will also be provided. The proposed use is compatible with the development in this area. All surrounding properties are zoned C-3 and use occupied by a variety of commercial uses. The building meets all required setbacks and there are very few issues related to this application. 2 February 5, 1998 SUBDIVISION ITEM NO.: 28 (Cont.) FILE NO.: Z-6450 Although food service is provided as either take-out or to be eaten on the premises in motor vehicles, 9 on- site parking spaces are still required. The applicant is requesting a waiver of this requirement. Agreements have been submitted by Carmike Cinema and Corky's Restaurant allowing the use of seven parking spaces each. As long as these agreements are valid, they should address the parking issue. The revised site plan provides six on-site parking spaces, leaving a variance for three spaces. The applicant also proposes to use a dumpster located on the Corky's restaurant property, adjacent to the east. As both this development and Corky's are owned by the same persons, this arrangement should work. Should either site change ownership, it will be necessary to revisit this issue. Signage will conform to ordinance standards for commercially zoned properties. Hours of operation are not viewed as an issue due to the location of the site and the surrounding land uses. 8. Staff Recommendation: Staff recommends approval of the requested conditional use permit subject to compliance with the following conditions: 1. Compliance with the Public Works Comments 2. Compliance with the City's Landscape and Buffer Ordinances 3. Compliance with Utility and Fire Department Comments Staff recommends approval of the variance to allow off- site parking at Corky's Restaurant and the Carmike Cinema properties. Should the agreements with these two parties become invalid for any reason, the required parking must be provided on this site or the issue must be brought back to the Planning Commission. SUBDIVISION COMMITTEE COMMENT: (JANUARY 15, 1998) The applicant was present. Staff presented the item. Following a brief discussion, the Committee determined there were no outstanding issues and forwarded the item to the full Commission for final resolution. 3 February 5, 1998 SUBDIVISION ITEM NO.: 28 (Cont. PLANNING COMMISSION ACTION: FILE NO.: Z-6450 (FEBRUARY 5, 1998) The applicant was present. There were no objectors present. Staff informed the Commission that a revised site plan had been submitted which provided 6 of the required 9 on-site parking spaces. Staff recommended approval of the conditional use permit and of the parking variance subject to compliance with the conditions noted in the staff recommendation. The conditional use permit and parking variance were placed on the Consent Agenda and approved as recommended by staff. The vote was 11 ayes, 0 noes and 0 absent. 0 r,I