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HomeMy WebLinkAboutZ-6481-C Staff AnalysisFILE NO.: Z -6481-C NAME: Breshear's Revised Short -form PD -C LOCATION: 600 North Tyler Street DEVELOPER: D. R. Breshears 6605 Kenwood Little Rock, AR 72207 ENGINEER: Donald Brooks Surveying 20820 Arch Street Pike Hensley, AR 72065 AREA: 0.14 Acres NUMBER OF LOTS: 1 FT. NEW STREET: 0 CURRENT ZONING: PCD ALLOWED USES: Restaurant with a mixture of 36 seats; a catering -commercial use; C-1 permitted uses. PROPOSED ZONING: Revised PCD ROPOSED USE: Revision to the PCD to allow extended hours of operation. VARIANCESMAIVERS REQUESTED: None requested. BACKGROUND: On September 15, 1998, the City of Little Rock Board of Directors adopted Ordinance No. 17,820, rezoning the site from R-3, Single-family to PD -C. Ordinance No. 17,821, FILE NO.: Z -6481-C (Cont.) which was also approved on September 15, 1998, deferred the right-of-way dedication on Tyler Street and Woodlawn Avenue for five years. The approved PD -C allowed the continuing use of the building as a deli/restaurant with seating for a maximum of 36 persons, allowing seating on a proposed 20 foot by 17 foot deck with proper screening and no outside speakers. C-1 permitted uses were approved as alternative uses. The hours of operation were from 11:00 am to 6:30 pm Monday through Saturday. On February 16, 1999, the Little Rock Board of Directors adopted Ordinance No. 17,933, approving two (2) minor revisions to the previously approved PD -C. The applicant was allowed to add "catering -commercial" as a permitted use of the property, in conjunction with the approved restaurant use. The applicant indicated there would be no expansion of the existing kitchen facility or additional employees required. There would also be no changes to the previously approved site plan. The applicant also requested a modification to the hours of operation. The applicant requested the daily hours of operation to be 10:30 am to 6:30 pm, Monday through Saturday. The applicant indicated the delivery vehicle for the catering operation would be a mini -van, the restaurant owner/manager's personal vehicle, which he would drive to the restaurant daily. On May 17, 2001 Staff approved a revision to the hours of operation allowing a restaurant to be open from 10:30 am to 9:00 pm. The applicant proposed to revise the previously approved PD -C and was scheduled to be heard before the Commission on February 20, 2003. The applicant withdrew his request prior to the Public Hearing. The request was to allow construction of a second structure on the site near the western property line adjacent to the alley. The applicant proposed to use the building as a contractor's storage shed. The applicant was not proposing any plumbing to be located in the storage building. The building was proposed at 35 -feet by 45 -feet and to be a single -story metal building. There is an existing 18 -foot by 20 -foot concrete slab on the site, which would have been incorporated into the new concrete slab used to support the new structure. A. PROPOSAL/REQUEST The request before the Commission is a request for a revision to the PCD to extended hours as approved at staff level on May 17, 2001. The applicant proposes the hours of operation to be from 10:30 am to 9:00 pm, Monday through Saturday. All other terms of the PD -C will remain in effect. 7 FILE NO.: Z -6481-C (C B. EXISTING CONDITIO The site contains a one-story 1373 square foot frame commercial building with a 16 foot by 10 foot deck on the rear corner. There are single-family residences to the north, west and south. Fairpark Elementary School is located to the east, across Tyler Street. There is an existing wood fence running approximately '/2 the distance of the north property line. Woodlawn Street has been constructed with curb and gutter but no sidewalk adjacent to the site. Tyler Street has not been constructed to Master Street Plan Standards and has open ditches for drainage. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has received several informational phone calls from area residents. The Hillcrest Residents Neighborhood Associations were notified of the public hearing along with all property owners located within 200 -feet of the site and all residents, who could be identified, located within 300 -feet of the site. Plannino Division: This request is located in the Heights/Hillcrest Planning District. The Land Use Plan shows Single Family for this property. The applicant has applied for a revision of an existing Planned Commercial Development to modify the permitted hours of operation for an existing use. The request does not require a change to the Land Use Plan. City Recognized Neighborhood_ Action Plan; The applicant's property lies in the area covered by the Hillcrest Neighborhood Plan "A Blueprint of our Community." The Crime and Safety goal listed an objective of decreasing the number of late night and 24-hour businesses. The two action statements listed under the objective included protesting the establishment of late night businesses, and following the neighborhood land use plan. E. ANALYSIS: There are several issues, which have been raised as a part of the development. The original PD -C was approved a deli and the hours of operation were during the normal working hours of area residents. The use was later changed to allow a catering business to located on the site and the hours were extended from 11:00 am to 6:30 pm to 10:30 am to 6:30 pm. 3 FILE NO.: Z -6481-C Cont. The request included C-1 uses as alternative uses for the site. A restaurant is an allowable use under the C-1 zoning classification. The site was approved with limited parking. Staff felt the character of the neighborhood did not lend itself to a hard surface parking area and street parking would be suffice to meet the typical minimum parking demand. The concerns raised by residents have been noise, parking, alcohol, traffic and the condition of the structure. Staff requested the Building Codes Division of the Department of Planning and Development perform a site visit to determine if the structure was in fact safe. Building Codes has stated the building is a safe structure although there are repairs needed on the building none are a health and safety issue. The traffic to and from the site is a concern of staff as well. When the business was approved it was felt the two could coexist in the neighborhood, as do many other business located in residential neighborhood. The total seating capacity of the restaurant is 35 persons. Staff still feels this use could be a good use located within the single-family neighborhood. The neighborhood also had concerns with the applicant encouraging patrons to "bring your own bottle". Staff has contacted the Police Department and this practice has since stopped. The applicant has applied for a liquor license to allow the sale of wine and beer on site. If the license is not approved then patrons will not be able to drink on the site. With the patrons not bringing the alcohol to the site this should minimize some of the concerns of litter on the site as was previously expressed. Staff feels the use is not out of character with the neighborhood. The site has been a non-residential site in some form for many years and is very unlikely to redevelop as a residence. There are numerous businesses in area neighborhoods, which operate until 9:00 pm and the residents feel the business is an asset to their community. Staff feels if the owners were to offer goodwill and work with the neighborhood to resolve the issues this could be the case here are well. Staff would recommend all activity on the site end by 9:30 pm. Staff would recommend there be no live music on the site and any music played not be amplified in any form. Staff recommends the owner not be allowed alcohol on the site unless approved a liquor license from the state. Staff also recommends the management of the restaurant police the area daily to remove any litter, which patrons may drop in the area. Staff recommends the management of the Cafe encourage patrons to park in areas which would limit intrusion to the single family homes located in the area. 12 FILE NO.: Z -6481-C (Cont. F STAFF RECOMMENDATION: Staff recommends approval of the request as filed subject to compliance with the conditions outlined in paragraph E of this report. PLANNING COMMISSION ACTION: (JUNE 12, 2003) Ms. Suzanne Lumpkin was present representing the applicant. There were objectors present. Staff presented the item with a recommendation of approval subject to conditions set forth in paragraph E above. Mr. Tony Woodell President of the Hillcrest Neighborhood Association spoke in opposition of the proposed request. He stated the activity on the site after close was a concern of the neighbors. He stated there were several business located in residential neighborhoods in Hillcrest and this was the only location there were constant complaints of the neighbors with regard to being a bad neighbor. Mr. Ben Jones, Pastor of Woodlawn Baptist Church spoke in opposition of the proposed request. He stated the site was located across from a school and this along with the alcohol did not make for a good combination. He stated the previous use was a deli, open during the daytime hours. He stated a deli was a good use for the site and requested the Commission not allow the hours to be extended. He stated there were numerous uses that could locate on the site and not be intrusive into the neighborhood. Ms. Cindy White addressed the Commission in opposition. She gave the Commission signed petitions of the area residents in opposition of the request to extend the hours of operation. Ms. White stated the live music was a concern of the neighborhood. She stated with live music the noise traveled much further and could be heard inside the neighbor's homes. Ms. White also stated the patrons blocked the drives of the residents. She stated traffic into the neighborhood was a concern and the narrow streets were not equipped to handle the parking for the residents and the restaurant. Ms. White stated the applicant had requested a permit for the sale of liquor on the site and had been denied. She stated an appeal had been filed with the state to allow the sale of beer and wine on the site. She stated the location was across from an elementary school and in close proximity to a church. Ms. White stated the neighborhood would be better served by a business, which would only operate during the previously approved hours. Ms. Sherri Booe addressed the Commission stating she was not totally opposed to the restaurant just the hours of use. She stated the previous uses were compatible to the neighborhood and did not cause residents problems with blocked driveways or noise. Ms. Betti Zimmerman spoke in opposition of the request to extend the hours of operation. She stated she lived behind the restaurant with her elderly mother. She 5 FILE NO.. Z -6481-C Cont. stated there were occasions when emergency personnel were called to assist with her mother and when the driveways were blocked or the streets were crowded with cars critical time was lost in assisting those in need. Ms. Zimmerman also stated there were concerns with garbage trucks driving through her yard to access the sites dumpster. Ms. Ruth Bell addressed the Commission in opposition in the proposed request. She stated the use was a neighborhood grocery store originally but the demand for this use had since gone by the waste -side. She stated the building was located in a relatively stable neighborhood and the hours should not be extended against the neighbor's wishes. Ms. Lumpkin stated the request was to be allowed to be open until 10:00 pm and then proceed with closing and cleaning. She stated the request also included Sunday Brunch. She stated the closing would take at least one to two hours and if he was forced to vacate the site at 9:30 pm the owner would not be any better than the current required closing time. She stated closing normally took two (2) hours thus requiring the owner to stop accepting patrons at 7:30 pm. There was a general discussion concerning the development and locating businesses in residential neighborhoods. Mr. Jim Lawson, Director of Planning and Development, requested the Commission allow a conditional approval. He stated he would like to work with the neighborhood and the restaurant to allow the use to continue. He stated most of the concerns being raised by the residents the applicant had agreed to provide goodwill and try to remedy. Mr. Lawson stated the Commission could approve the request to allow the lousiness to operate under the following conditions: Accept no additional patrons after 9:00 pm and to vacate the site by 11:00 pm, not sell alcohol on the site unless approved by the state to sell wine and beer only, no live or amplified music and the applicant was to encourage customers to not park were it would interfere with the parking of residents. Mr. Lawson stated in other cities this type business was welcomed by the neighbors. He stated if the Commission would approve the use for six (6) months then the situation could be revisited by the Commission and if there was no change then the Commission could determine if the use was an appropriate use in the neighborhood. The time would expire six (6) months from opening. Mr. Lawson stated the item would still need to go before the Board of Directors for final approval. A motion was made to approve the request as amended. The motion carried by a vote of 10 ayes, 0 no and 1 absent. X June 12, 2003 ITEM NO.: 13 NAME: Breshear's Revised Short -form PD -C LOCATION: 600 North Tyler Street DEVELOPER: D. R. Breshears 6605 Kenwood Little Rock, AR 72207 PKjr_INFFR- Donald Brooks Surveying 20820 Arch Street Pike Hensley, AR 72065 AREA: 0.14 Acres CURRENT ZONING: PCD FILE NO.: Z-6481 NUMBER OF LOTS: 1 FT. NEW STREET: 0 ALLOWED USES: Restaurant with a mixture of 36 seats; a catering -commercial use; C-1 permitted uses. PROPOSED ZONING: Revised PCD PROPOSED USE: Revision to the PCD to allow extended hours of operation. VARIANCESMAIVERS REQUESTED: None requested. BACKGROUND: On September 15, 1998, the City of Little Rock Board of Directors adopted Ordinance No. 17,820, rezoning the site from R-3, Single-family to PD -C. Ordinance No. 17,821, which was also approved on September 15, 1998, deferred the right-of-way dedication on Tyler Street and Woodlawn Avenue for five years. The approved PD -C allowed the continuing use of the building as a deli/restaurant with seating for a maximum of 36 persons, allowing seating on a proposed 20 foot by 17 foot deck with proper screening and no outside speakers. C-1 permitted uses were approved as alternative uses. The hours of operation were from 11:00 am to 6:30 pm Monday through Saturday. June 12, 2003 SUBDIVISION ITEM NO.: 13 (con't. FILE NO.: Z -6481-C On February 16, 1999, the Little Rock, Board of Directors adopted Ordinance No. 17,933, approving two (2) minor revisions to the previously approved PD -C. The applicant was allowed to ad " term -commercial" as a permitted use of the property, in conjunction with the approved restaurant use. a applicant indicated there would be no expansion of the existing kitchen. facility or additional employees required. There would also be no changes to the previously approved site plan. The applicant also requested a modification to the hours of operation. The applicant requested the daily hours of operation to be 10:30 am to 6:30 pm, Monday through Saturday. The applicant indicated the delivery vehicle for the catering operation would be a mini -van, the restaurant owner/manager's personal vehicle, which he would drive to the restaurant daily. On May 17, 2001 Staff approved a revision to the hours of operation allowing a restaurant to be open from 10:30 am to 9:00 pm. The applicant proposed to revise the previously approved PD -C and was scheduled to be heard before the Commission on February 20, 2003. The applicant withdrew his request prior to the Public Hearing. The request was to allow construction of a second structure on the site near the western property line adjacent to the alley. The applicant proposed to use the building as a contractor's storage shed. The applicant was not proposing any plumbing to be located in the storage building. The building was proposed at 35 -feet by 45 -feet and to be a single -story metal building. There is an existing 18 -foot by 20 -foot concrete slab on the site, which would have been incorporated into the new concrete slab used to support the new structure. 0 PROPOSAL/REQUEST: The request before the Commission is a request for a revision to the PCD to extended hours as approved at staff level on May 17, 2001. The applicant proposes the hours of operation to be from 10:30 am to 9:00 pm, Monday through Saturday. All other terms of the PD -C will remain in effect. B. EXISTING CONDITIONS: The site contains a one-story 1373 square foot frame commercial building with a 16 foot by 10 foot deck on the rear corner. There are single-family residences to the north, west and south. Fairpark Elementary School is located to the east, across Tyler Street. r. June 12, 2003 SUBDIVISION ITEM NO.: 13 (con't. FILE NO.: Z -6481-C There is an existing wood fence running approximately Y2 the distance of the north property line. Woodlawn Street has been constructed with curb and gutter but no sidewalk adjacent to the site. Tyler Street has not been constructed to Master Street Plan Standards and has open ditches for drainage. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has received several informational phone calls from area residents. The Hillcrest Residents Neighborhood Associations were notified of the public hearing along with all property owners located within 200 -feet of the site and all residents, who could be identified, located within 300 -feet of the site. Planning Division: This request is located in the Heights/Hillcrest Planning District. The Land Use Plan shows Single Family for this property. The applicant has applied for a revision of an existing Planned Commercial Development to modify the permitted hours of operation for an existing use. The request does not require a change to the Land Use Plan. City Recognized Nei hborhood Action Plan: The applicant's property lies in the area covered by the Hillcrest Neighborhood Plan "A Blueprint of our Community." The Crime and Safety goal listed an objective of decreasing the number of late night and 24-hour businesses. The two action statements listed under the objective included protesting the establishment of late night businesses, and following the neighborhood land use plan. E. ANALYSIS: There are several issues, which have been raised as a part of the development. The original PD -C was approved a deli and the hours of operation were during the normal working hours of area residents. The use was later changed to allow a catering business to located on the site and the hours were extended from 11:00 am to 6:30 pm to 10:30 am to 6:30 pm. The request included C-1 uses as alternative uses for the site. A restaurant is an allowable use under the C-1 zoning classification. The site was approved with limited parking. Staff felt the character of the neighborhood did not lend itself to a hard surface parking area and street parking would be suffice to meet the typical minimum parking demand. 3 June 12, 2003 SUBDIVISION ITEM NO.: 13 (con't. FILE NO.: Z -6481-C The concerns raised by residents have been noise, parking, alcohol, traffic and the condition of the structure. Staff requested the Building Codes Division of the Department of Planning and Development perform a site visit to determine if the structure was in fact safe. Building Codes has stated the building is a safe structure although there are repairs needed on the building none are a health and safety issue. The traffic to and from the site is a concern of staff as well. When the business was approved it was felt the two could coexist in the neighborhood, as do many other business located in residential neighborhood. The total seating capacity of the restaurant is 35 persons. Staff still feels this use could be a good use located within the single-family neighborhood. The neighborhood also had concerns with the applicant encouraging patrons to "bring your own bottle". Staff has contacted the Police Department and this practice has since stopped. The applicant has applied for a liquor license to allow the sale of wine and beer on site. If the license is not approved then patrons will not be able to drink on the site. With the patrons not bringing the alcohol to the site this should minimize some of the concerns of litter on the site as was previously expressed. Staff feels the use is not out of character with the neighborhood. The site has been a non-residential site in some form for many years and is very unlikely to redevelop as a residence. There are numerous businesses in area neighborhoods, which operate until 9:00 pm and the residents feel the business is an asset to their community. Staff feels if the owners were to offer goodwill and work with the neighborhood to resolve the issues this could be the case here are well. Staff would recommend all activity on the site end by 9:30 pm. Staff would recommend there be no live music on the site and any music played not be amplified in any form. Staff recommends the owner not be allowed alcohol on the site unless approved a liquor license from the state. Staff also recommends the management of the restaurant police the area daily to remove any litter, which patrons may drop in the area. Staff recommends the management of the Cafe encourage patrons to park in areas which would limit intrusion to the single family homes located in the area. F. STAFF RECOMMENDATION: Staff recommends approval of the request as filed subject to compliance with the conditions outlined in paragraph E of this report. 0 June 12, 2003 SUBDIVISION ITEM NO.: 13 can't. FILE NO.: Z -6481-C PLANNING COMMISSION ACTION: (JUNE 12, 2003) Ms. Suzanne Lumpkin was present representing the applicant. There were objectors present. Staff presented the item with a recommendation of approval subject to conditions set forth in paragraph E above. Mr. Tony Woodell President of the Hillcrest Neighborhood Association spoke in opposition of the proposed request. He stated the activity on the site after close was a concern of the neighbors. He stated there were several business located in residential neighborhoods in Hillcrest and this was the only location there were constant complaints of the neighbors with regard to being a bad neighbor. Mr. Ben Jones, Pastor of Woodlawn Baptist Church spoke in opposition of the proposed request. He stated the site was located across from a school and this along with the alcohol did not make for a good combination. He stated the previous use was a deli, open during the daytime hours. He stated a deli was a good use for the site and requested the Commission not allow the hours to be extended. He stated there were numerous uses that could locate on the site and not be intrusive into the neighborhood. Ms. Cindy White addressed the Commission in opposition. She gave the Commission signed petitions of the area residents in opposition of the request to extend the hours of operation. Ms. White stated the live music was a concern of the neighborhood. She stated with live music the noise traveled much further and could be heard inside the neighbor's homes. Ms. White also stated the patrons blocked the drives of the residents. She stated traffic into the neighborhood was a concern and the narrow streets were not equipped to handle the parking for the residents and the restaurant. Ms. White stated the applicant had requested a permit for the sale of liquor on the site and had been denied. She stated an appeal had been filed with the state to allow the sale of beer and wine on the site. She stated the location was across from an elementary school and in close proximity to a church. Ms. White stated the neighborhood would be better served by a business, which would only operate during the previously approved hours. Ms. Sherri Booe addressed the Commission stating she was not totally opposed to the restaurant just the hours of use. She stated the previous uses were compatible to the neighborhood and did not cause residents problems with blocked driveways or noise. Ms. Betti Zimmerman spoke in opposition of the request to extend the hours of operation. She stated she lived behind the restaurant with her elderly mother. She stated there were occasions when emergency personnel were called to assist with her mother and when the driveways were blocked or the streets were crowded with cars critical time was lost in assisting those in need. GV June 12, 2003 SUBDIVISION NO.: 13 (con FILE NO.: Z -6481-C Ms. Zimmerman also stated there were concerns with garbage trucks driving through her yard to access the sites dumpster. Ms. Ruth Bell addressed the Commission in opposition in the proposed request. She stated the use was a neighborhood grocery store originally but the demand for this use had since gone by the waste -side. She stated the building was located in a relatively stable neighborhood and the hours should not be extended against the neighbor's wishes. Ms. Lumpkin stated the request was to be allowed to be open until 10:00 pm and then proceed with closing and cleaning. She stated the request also included Sunday Brunch. She stated the closing would take at least one to two hours and if he was forced to vacate the site at 9:30 pm the owner would not be any better than the current required closing time. She stated closing normally took two (2) hours thus requiring the owner to stop accepting patrons at 7:30 pm. There was a general discussion concerning the development and locating businesses in residential neighborhoods. Mr. Jim Lawson, Director of Planning and Development, requested the Commission allow a conditional approval. He stated he would like to work with the neighborhood and the restaurant to allow the use to continue. He stated most of the concerns being raised by the residents the applicant had agreed to provide goodwill and try to remedy. Mr. Lawson stated the Commission could approve the request to allow the business to operate under the following conditions: Accept no additional patrons after 9:00 pm and to vacate the site by 11:00 pm, not sell alcohol on the site unless approved by the state to sell wine and beer only, no live or amplified music and the applicant was to encourage customers to not park were it would interfere with the parking of residents. Mr. Lawson stated in other cities this type business was welcomed by the neighbors. He stated if the Commission would approve the use for six (6) months` then the situation could be revisited by the Commission and if there was no change then the Commission could determine if the use was an appropriate use in the neighborhood. The time would expire six (6) months from opening. Mr. Lawson stated the item would still need to go before the Board of Directors for final approval. A motion was made to approve the request as amended. The motion carried by a vote of 10 ayes, 0 no and 1 absent. 0 June 12, 2003 ITEM NO.: 13 NAME: Breshear's Revised Short -form PD -C LOCATION: 600 North Tyler Street DEVELOPER: D. R. Breshears 6605 Kenwood Little Rock, AR 72207 FNGINFFR- Donald Brooks Surveying 20820 Arch Street Pike Hensley, AR 72065 AREA: 0.14 Acres CURRENT ZONING: PCD NUMBER OF LOTS: 1 FILE NO.: Z -6481-C FT. NEW STREET: 0 ALLOWED USES: Restaurant with a mixture of 36 seats; a catering -commercial use; C-1 permitted uses. PROPOSED ZONING: Revised PCD PROPOSED USE: Revision to the PCD to allow extended hours of operation. VARIANCES/WAIVERS REQUESTED: None requested. BACKGROUND: On September 15, 1998, the City of Little Rock Board of Directors adopted Ordinance No. 17,820, rezoning the site from R-3, Single-family to PD -C. Ordinance No. 17,821, which was also approved on September 15, 1998, deferred the right-of-way dedication on Tyler Street and Woodlawn Avenue for five years. The approved PD -C allowed the continuing use of the building as a deli/restaurant with seating for a maximum of 36 persons, allowing seating on a proposed 20 foot by 17 foot deck with proper screening and no outside speakers. C-1 permitted uses were approved as alternative uses. The hours of operation were from 11:00 am to 6:30 pm Monday through Saturday. June 12, 2003 SUBDIVISION ITEM NO.: 13 (con't. FILE NO.: Z -6481-C On February 16, 1999, the Little Rock Board of Directors adopted Ordinance No. 17,933, approving two (2) minor revisions to the previously approved PD -C. The applicant was allowed to add "catering -commercial" as a permitted use of the property, in conjunction with the approved restaurant use. The applicant indicated there would be no expansion of the existing kitchen facility or additional employees required. There would also be no changes to the previously approved site plan. The applicant also requested a modification to the hours of operation. The applicant requested the daily hours of operation to be 10:30 am to 6:30 pm, Monday through Saturday. The applicant indicated the delivery vehicle for the catering operation would be a mini -van, the restaurant owner/manager's personal vehicle, which he would drive to the restaurant daily. On May 17, 2001 Staff approved a revision to the hours of operation allowing a restaurant to be open from 10:30 am to 9:00 pm. The applicant proposed to revise the previously approved PD -C and was scheduled to be heard before the Commission on February 20, 2003. The applicant withdrew his request prior to the Public Hearing. The request was to allow construction of a second structure on the site near the western property line adjacent to the alley. The applicant proposed to use the building as a contractor's storage shed. The applicant was not proposing any plumbing to be located in the storage building. The building was proposed at 35 -feet by 45 -feet and to be a single -story metal building. There is an existing 18 -foot by 20 -foot concrete slab on the site, which would have been incorporated into the new concrete slab used to support the new structure. A. PROPOSAL/REQUEST: The request before the Commission is a request for a revision to the PCD to extended hours as approved at staff level on May 17, 2001. The applicant proposes the hours of operation to be from 10:30 am to 9:00 pm, Monday through Saturday. All other terms of the PD -C will remain in effect. B. EXISTING CONDITIONS: The site contains a one-story 1373 square foot frame commercial building with a 16 foot by 10 foot deck on the rear corner. There are single-family residences to the north, west and south. Fairpark Elementary School is located to the east, across Tyler Street. 2 June 12, 2003 SUBDIVISION ITEM NO.: 13 (con't.) FILE NO.: Z -6481-C There is an existing wood fence running approximately Y2 the distance of the north property line. Woodlawn Street has been constructed with curb and gutter but no sidewalk adjacent to the site. Tyler Street has not been constructed to Master Street Plan Standards and has open ditches for drainage. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has received several informational phone calls from area residents. The Hillcrest Residents Neighborhood Associations were notified of the public hearing along with all property owners located within 200 -feet of the site and all residents, who could be identified, located within 300 -feet of the site. Planning Division: This request is located in the Heights/Hillcrest Planning District. The Land Use Plan shows Single Family for this property. The applicant has applied for a revision of an existing Planned Commercial Development to modify the permitted hours of operation for an existing use. The request does not require a change to the Land Use Plan. City Recognized Neighborhood Action Plan: The applicant's property lies in the area covered by the Hillcrest Neighborhood Plan "A Blueprint of our Community." The Crime and Safety goal listed an objective of decreasing the number of late night and 24-hour businesses. The two action statements listed under the objective included protesting the establishment of late night businesses, and following the neighborhood land use plan. E. ANALYSIS: There are several issues, which have been raised as a part of the development. The original PD -C was approved a deli and the hours of operation were during the normal working hours of area residents. The use was later changed to allow a catering business to located on the site and the hours were extended from 11:00 am to 6:30 pm to 10:30 am to 6:30 pm. The request included C-1 uses as alternative uses for the site. A restaurant is an allowable use under the C-1 zoning classification. The site was approved with limited parking. Staff felt the character of the neighborhood did not lend itself to a hard surface parking area and street parking would be suffice to meet the typical minimum parking demand. c June 12, 2003 SUBDIVISION ITEM NO.: 13 (con't.l FILE NO.: Z -6481-C The concerns raised by residents have been noise, parking, alcohol, traffic and the condition of the structure. Staff requested the Building Codes Division of the Department of Planning and Development perform a site visit to determine if the structure was in fact safe. Building Codes has stated the building is a safe structure although there are repairs needed on the building none are a health and safety issue. The traffic to and from the site is a concern of staff as well. When the business was approved it was felt the two could coexist in the neighborhood, as do many other business located in residential neighborhood. The total seating capacity of the restaurant is 35 persons. Staff still feels this use could be a good use located within the single-family neighborhood. The neighborhood also had concerns with the applicant encouraging patrons to "bring your own bottle". Staff has contacted the Police Department and this practice has since stopped. The applicant has applied for a liquor license to allow the sale of wine and beer on site. If the license is not approved then patrons will not be able to drink on the site. With the patrons not bringing the alcohol to the site this should minimize some of the concerns of litter on the site as was previously expressed. Staff feels the use is not out of character with the neighborhood. The site has been a non-residential site in some form for many years and is very unlikely to redevelop as a residence. There are numerous businesses in area neighborhoods, which operate until 9:00 pm and the residents feel the business is an asset to their community. Staff feels if the owners were to offer goodwill and work with the neighborhood to resolve the issues this could be the case here are well. Staff would recommend all activity on the site end by 9:30 pm. Staff would recommend there be no live music on the site and any music played not be amplified in any form. Staff recommends the owner not be allowed alcohol on the site unless approved a liquor license from the state. Staff also recommends the management of the restaurant police the area daily to remove any litter, which patrons may drop in the area. Staff recommends the management of the Cafe encourage patrons to park in areas which would limit intrusion to the single family homes located in the area. F. STAFF RECOMMENDATION: Staff recommends approval of the request as filed subject to compliance with the conditions outlined in paragraph E of this report. 0 04111/2003 15:30 501390='135 PLANNING �, PAGE 02 February 20, 2UO3 Attachment B ITEM NO.: F FILE NO.: Z -6481-B NAME: Breshears Revised Short -form PCD LOCATION: on the northwest corner of Woodlown and Tyler Streets DEVELOPER: ENGINEER: 0, R. Breshears Donald Brooks Surveying 6605 Kenwood 20820 Arch Street Pike Little Rock, AR 72207 Hensley, AR 72065 AREA: 0.14 Acres NUMBER OF LOTS: 1 FT. NEW STREET: 0 CURRENT ZONING: PCD ALLOWED USES, Restaurant with a mixture of 36 seats; a catering -commercial use; 0-1 permitted uses. PROPOSED ZONING: Revised PCD PROPOSED USE: Same as above with the addition of a second structure adjacent to the alley to be used as a contractor's storage shed, VARIANCESIWAIVERS RE UESTED: None requested, BACKGROUND: On September 15, 1998 the City of Little Rock Board of Directors adopted Ordinance No. 17,820, rezoning the site from R-3, Single-family to PD -C. Ordinance No. 17,821 which was also approved on September 15, 1998 deferred the right-of-way dedication on Tyler Street and Woodlawn Avenue for five years. .04/111'2003 15:30 501399=35 PLANNING PAGE 03 February 20, 2003 ITEM NO.- F Cont. FILE NO.: Z -6481 - The approved PD -C allowed the continuing use of the building as a delurestaurant with seating for a maximum of 36 persons, allowing seating on a proposed 20 foot by 17 toot deck with proper screening and on outside speakers. 0-1 permitted uses were approved as alternative uses. On February 16. 1999 the Little Rock Board of Directors adopted Ordinance No. 17,833 approving two (2) minor revisions to the previously approved PD -C. The applicant was allowed to add "catering -commercial as a permitted use of the property, in conjunction with the approved restaurant use. The applicant indicated there would be no expansion of the existing kitchen facility or additional employees required. There would also be no changes to the previously approved site plan. The applicant also requested a modification to the hours Of operation, The applicant requested the daily hours of operation to be 10:30 am to 6:30 pm, Monday through Saturday. The applicant indicated the delivery vehicle for the catering operation would be a mini -van, the restaurant owner/manager's personal vehicle, which he woutd drive to the restaurant daily. A. PROPOSALIREQUEST: The applicant proposes to revise the previously approved PD -C to allow for the construction of a second structure on the site near the western property line adjacent to the alley. The applicant is proposing to use the building as a contractor's storage shed. The applicant is not proposing any plumbing to be located in the storage building. The building is proposed at 35 -feet by 45 -feet and to be a single -story metal building. There is an existing 18 -foot by 20 -foot concrete slab on the site, which will be incorporated into the new concrete slab used to support the new structure. B. EXISTING CONDITIONS: The site contains a one-story 1373 square foot frame commercial building with a 16 foot by 10 foot deck on the rear corner. There are single-family residences to the north, west and south, across Woodlawn Avenue. Fairpark Elementary School is located to the east, across Tyler Street. There is an existing wood fence running approximately '/z the distance of the north property line. Woodlawn Street has been constructed with curb and gutter but no sidewalk adjacent to the site. Tyler Street has not been constructed to Master Street Plan Standards and has open ditches for drainage. 2 ,04i11r2003 15:30 501399'W35 PLANNING PAGE 04 February 20, 2003 ITEM NO.: F [Cont„ FILE NO.: Z-6481-B C NEIGHBORHOOD COMMENTS: As of this writing staff has not received any comment from area residents. The Hillcrest Residents and the Capitol View Neighborhood Associations were notified of the public hearing along with all property owners located within 200 - feet of the site and all residents, who could be identified, located within 300 -feet of the site. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: No Comment_ E. UTILITIES AND FIRE DEPARTMENTICOUNTY PLANNING: Wastewater: Sewer available, not adversely affected. Enter : No comment received. Center -Point Ener : No comment received. SBC: Approved as submitted. Central Arkansas Water: No objection. Fire Deyartment: Approved as submitted. County Plan nin : No comment received. CATH: No comment received. F ISSUESITECHNICAUDESIGN: Planning Division: This request is located in the Heights/Hillcrest Planning District. The Land Use Plan shows Single Family for this property. The applicant has applied for a revision of the FCD for a storage building on this property in addition to the existing restaurant, If the proposed structure is done so that it has a residential feel, the proposal would not have a significant impact on the Land Use Plan, which would necessitate a Plan Amendment. City Recognized Neighborhood Action Plan: The applicant's property is located in an area covered by "the Hillcrest Neighborhood Action Plan: a 'Blueprint' of Our Community." The chapter on zoning and land use contains a 3 04/11/2003 15:30 501399��35 PLANNING PAGE 05 February 20, 2003 ITEM NO.: F oint.) FILE NO.: Z-6489-6 goal of creating a different set of guidelines with which to govern the development of Hillcrest. This goal is supported by the two objectives directing specific policy for preserving the aesthetic nature of the neighborhood and establishing design standards consistent with the character of the neighborhood. The plan also contains a list of supplemental issues, which includes a land use objective of limiting Mixed Uses to the Kavanaugh commercial areas. Landscape issues: The proposed structure extends over into the required 61 foot wide street buffer area along Woodlawn Avenue. The wood fence along the northern perimeter needs to continue westward toward the alley. Building Codes: No comment. G. SUBDIVISION COMMITTEE COMMENT: (January 16, 2003) Mr. Don Breshears was present representing the application. Staff presented an overview of the proposed project to the Committee. Staff then stated there were additional items needed on the proposed project. Staff questioned Mr_ Breshears of the items to be stored in the proposed garage. Staff also indicated the hours of operation of the restaurant/deli would need to be revised as a part of the application, Staff stated the original PCD did not allow for deliveries to be made to the site other than in the owner/operators personal vehicle. Staff questioned if deliveries were being made in this manner and if not stated the applicant would also need to make a revision to the PCD to allow delivery trucks to access the site. Staff requested the applicant provide the proposed building materials, building height and driveway location. Landscaping comments were addressed. Staff stated the applicant would be required to extend the existing wooden fence to the west along the property line to screen the adjoining single-family residence to the north. There was no further discussion. The Committee then forwarded the item to the full Commission for final action. H ANALYSIS' The applicant submitted a revised cover letter to Staff addressing most of the issues raised by Staff and the Subdivision Committee. The applicant has indicated a 30 -foot by 45 -foot storage building to be located on the site near the intersection of Woodlawn and the alley on the western property line. The 4 ,04/11/2003 15:30 50139P---�35 PLANNING PAGE 06 February 20, 2003 ITEM NO: F Cont. FILE NO. Z -6481-B applicant has indicated there will be two driveways and two door locations for the building; one located on Woodlawn and one located from the alley. The applicant has stated both will be overhead doors and the driveway accessed from Woodlawn will have 20 -feet width. The door adjacent to the alley will have a 12 -foot driveway. Both doors will be remote controlled doors. The applicant has indicated the new structure will be constructed with materials that will blend with the existing architecture of the neighborhood_ The applicant has not indicated the proposed building height. The applicant has indicated the current hours of operation for the restaurant to be Tuesday through Thursday from 5:00 pm to 9:00 pm and Friday and Saturday until 10:00 pm. Staff feels this should be the actual closing time of the business {both customers and employees}. The applicant has also indicated deliveries for the restaurant to be on Friday afternoon between 2:00 pm and 4:00 pm. Staff is supportive of the request to allow delivery vehicles to access the site. The applicant has indicated the new structure will be utilized for storage of cars, a boat, lawn mowers, weed eaters, blowers, garden equipment and lumber for repairs of the existing structure when needed. The applicant has indicated the new structure will not be a commercial use; therefore, hours of operation do not apply. Staff is not supportive of the proposed request. The applicant has not given Staff satisfaction the proposed new structure will blend with the existing architecture. The building material was not furnished as requested at the Subdivision Committee meeting nor was the proposed building height. Staff is also concerned with the size of the proposed structure. A 30 -foot by 45 -foot building is not compatible with the scale of garage or outbuildings in the area. Although several homes do have detached garages for the most part they are somewhat smaller more in line with the existing concrete slab on the site or 18 - feet by 20 -feet. The applicant proposes the building placement on Woodrow Street seven (7) feet and adjacent to the alley at 1.5 feet from the property line. The location of the drive would cause vehicles exiting the site to back onto the street on Woodrow Street and be parked or blocking the alley in the second drive location. The site is located near an elementary school and staff is not supportive of this access or the backing of vehicles into the street. Safety is the primary concern of Staff. With the building placement and the driveway locations Staff does not feel the proposal would allow for safe access to and from the site. Staff is not supportive of the proposed development as filed. The existing scale of the building does not lend itself to the character of the existing neighborhood. Staff would recommend the hours of operation be modified to allow the business 5 94/11/2003 15:30 501399='435 PLANNING PAGE 07 February 20, 2003 ITEM NO.: F Cont. _ FILE O.: Z-64131-5 to remain open but that the site be vacated by both customers and employees by the reported time. 1. STAFF RECOMMEN1 ATION: Staff recommends denial of the proposed request as filed. PLANNING COMMI5SION ACTION: (FEBRUARY 6, 2003) The applicant was not present and there were no objectors present. Staff stated the applicant failed to notify property owners 15 -days prior to the Public Hearing as required by the Planning Commission By -Laws. Staff stated the applicant had requested the item be deferred to the February 20, 2003 Public Hearing. Staff stated they were supportive of the request. There was no further discussion of the item. The item was placed on the Consent Agenda for deferral. The motion carried by a vote of 11 ayes, 0 noes and 0 absent. PLANNING MMI55ION ACTION: (FEBRUARY 20, 2003) The applicant was not present. There were objectors present. Staff stated the applicant had requested the item be withdrawn without prejudice. Staff stated they supported the requested withdrawal. There was no further discussion. The item was placed on the consent agenda for withdrawal. A maticn was made to approve the Consent Agenda to include all Staff Recommendations and Comment. The motion carried by a vote of 10 ayes, 0 noes and 1 absent. [: Subdivision Committee Comments May 22, 2003 ITEM NO.: 13 FILE NO.: Z -6481-C NAME: Breshears Revised Short -form PCD LOCATION: Planning Staff Comments: 1. Provide notification of property owners located within 200 -feet of the proposed development complete with the certified abstract list, notice form with affidavit executed and proof of mailing. Varian ceANa ivers: 1. None requested.