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HomeMy WebLinkAboutZ-6863-A Staff AnalysisFILE NO.: Z -6863-A NAME: Michael Revised Short -form PCD LOCATION: 1701 Rebsamen Park Road DEVELOPER: ENGINEER: Anthony Michael Don Johnson 1701 Rebsamen Park Road 300 Springs Street, Suite 215 Little Rock, AR 72202 Little Rock, AR 72201 AREA: 0.30 Acres NUMBER OF LOTS: 1 FT. NEW STREET: 0 CURRENT ZONING: PCD ALLOWED USES: C-3 Permitted Uses PROPOSED ZONING: Revised PCD PROPOSED USE: C-3 Permitted Uses VARIANCES nAIVERS REQUESTED BACKGROUND: Street improvements to Rebsamen Park Road July 18, 2000 the Board of Directors passed Ordinance No. 18,313 establishing a Planned Commercial District titled Michael Short -form PCD located at 1701 Rebsamen Park Road. As a part of the proposal the applicant was to construct a 500 square foot kitchen facility and eliminate the mobile catering trailer from the site. The proposal also included the addition of a paved driveway along the north side of the existing building and a paved parking area to the rear of the building. The applicant proposed the removal of the "head -in" parking in front of the building adjacent to Rebsamen Park Road and to construct the road to Master Street Plan standard. The applicant has not eliminated the "head -in" parking nor constructed Rebsamen Park Road to Master Street Plan standard. The applicant proposes an amendment to the existing PCD to reflect the current conditions of the site. FILE NO,: Z -6863-A (Cont.) 0 IV C u PROPOSAUREQUEST: The applicant proposes to revise a previously approved PCD to more accurately reflect the current conditions of the site. The applicant is requesting the "head -in" parking along Rebsamen Park Road not be eliminated and the roadway not be constructed to Master Street Plan standard. The applicant is also requesting the previously required parking lot landscaping in the rear of the building be eliminated. The previously approved application set the days and hours of operation at 11:00 am to 10:00 pm daily. The applicant is requesting the days and hours of operation no longer be limited to this time period and not be set at any specific time. EXISTING CONDITIONS: There is an existing commercial building (cigar shop) on the site, as well as a restaurant and a deck used for outdoor dining. There is a parking area in the rear yard with a cross easement for shared parking with the properties to the south. There are commercial uses immediately north and south of this property along the east side of Rebsamen Park Road. There are also commercial uses (including a parking lot) across Rebsamen Park Road to the west, with single- family residences to the northwest. There is railroad right-of-way and a drainage ditch immediately east of the property, with a mini -warehouse development further east. NEIGHBORHOOD COMMENTS: As of this writing staff has not received any comment from the neighborhood. All property owners within 200 feet of the site, all residents within 300 feet of the site who could be identified and the Capitol View, Hillcrest and Cedar Hill Terrace Neighborhood Associations were notified of the public hearing. ENGINEERING COMMENTS: UBLIC WORKS CONDITIONS: 1. Provide design of street conforming to "MSP" (Master Street Plan). Construct one-half street improvements to the street including 5 -foot sidewalk with the Planned Development. Match curb alignment to adjacent property. 2. Driveways shall conform to Sec. 31-210 or Ordinance 18,031. Conform to driveway grade requirements, in particular. 3. All driveways shall be concrete aprons per City Ordinance. FILE NO.: Z -6863-A (Cont) _ 4. Plans of all work in right-of-way shall be submitted for approval prior to start of work. 5. Rebsamen Park Road is classified on the Master Street Plan as a commercial street. Dedicate right-of-way to 30 feet from centerline. 6. Appropriate handicap ramps will be required per current ADA standards. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer available, not adversely affected. Entergy: No comment received. ARKLA: No comment received. Southwestern Bell: Approved as submitted. Water: No objection. Fire Department: Place fire hydrants per ordinance. Contact Dennis Free at 918-3752 for details. County Planning: No comment received. CATA: Site is near Bus Route #21 and has no effect on bus radius, turnout and route. F. I SSU ESITEC H N I CALID ES I G N: Plannin Division: The request is located in the Heights -Hillcrest Planning District. The Future Land Use Plan indicated a Commercial classification for the site. The applicant has applied for a revision to an existing PCD with regard to parking and hours of operation. The revision to the existing zoning does not require a revision to the Future Land Use Plan. City Recognized Neighborhood Action Plan: The site is located in an area not covered by a Neighborhood Action Plan. Landscape Issues: Landscaping for this project has not been installed. Building Codes: No comment received. 3 FILE NO.: Z -6863-A (Cont. G. SUBDIVISION COMMITTEE COMMENT: (March 7, 2002) Chris Travis and Anthony Michael were present, representing the application. Staff briefly described the proposed revision and noted that some additional information was needed. Public Works requirements were briefly discussed. It was noted that the previous conditions of the Master Street Plan had not been installed. Staff stated the curb and gutter had not been put in place thus eliminating the "head -in" parking from Rebsamen Park Road. Staff stated the landscaping on the rear parking area shown on the previously approved site plan was no longer necessary. Staff stated the applicant and the adjacent property owner now share a cross access easement. The parkirIg in the rear of the structure now stretches across the entire rear of several businesses. The applicant also requested the days and hours of operation be amended to allow for continued operational hours. Currently the Planned Development allows hours of operation to be from 11:00 am to 10:00 pm daily. The Committee determined there were no other issues associated with the proposed request. The Committee forwarded the revision to the PCD to the full Commission for resolution. H. ANALYSIS; The applicant submitted a revised site plan to staff addressing the issues raised by staff at the Subdivision Committee meeting. The previously approved Planned Development allowed C-3 uses as alternative uses for the property. The applicant is requesting C-3 remain as alternative uses. The property to the north and south is zoned C-3. These uses remain valid as alternative uses for the property. The applicant is requesting the "head -in" parking remain on the site. Staff is not supportive of allowing this situation to continue. Although, for many years, cars have been backing into the lane of traffic, Staff does not feel this is a safe situation. As previous applications have been filed for renovation or new construction in this area, applicants have been required to construct Master Street Plan improvements. It is staffs belief that each of these parking situations will be taken care of as the properties redevelop in the area. Staff feels the parking should be removed and Rebsamen Park Road constructed to Master Street Plan standard adjacent to the site. 4 FILE NO_: Z -6863-A (Cont. Staff is supportive of the request to extend the hours of operation allowing the applicant to operate in conformance with other area businesses and not limit the hours to 10:00 pm. The applicant has stated the restaurant will close at 10:00 pm but the Cigar Shop will remain open. Staff is not supportive of allowing the applicant unlimited hours of operation due to the proximity to residential properties. Area businesses operate from 11:00 am to 11:00 pm Monday through Saturday and 11:00 am to 9:30 pm on Sunday. Staff is supportive of removing the landscaping requirement in the rear parking area. The current parking situation allows for a cross access easement with shared parking along the rear of several businesses. In this situation landscaping is not a requirement. STAFF RECOMMENDATIONS: Staff recommends approval of the proposed request for the extension of the hours of operation but requests the hours be limited to operational hours of the businesses in the area. (Normal operational hours are 11 am to 11 pm Monday through Saturday and 11 am to 9:30 pm Sunday.) Staff recommends approval of the request to eliminate the parking lot landscaping requirement in the rear of the building. Staff recommends denial of the request to waive the Master Street Plan standard and leave the "head -in" parking along the front of the structure. PLANNING COMMISSION ACTION: (MARCH 28, 2002) The applicant was present. There were objectors present. There were seven Commissioners present. The Chairman stated it was Planning Commission Policy to offer a deferral to the applicant when fewer than nine Commissioners were present. The applicant requested a deferral to the May 9, 2002 Public Hearing. The application was place on the consent agenda for deferral. The vote passed by 7 ayes, 0 noes and 4 absent. PLANNING COMMISSION ACTION: (MAY 9, 2002) Derrick Davidson, Chris Travis and Anthony Michael were present representing the application. There were several persons present in support and in opposition. Commissioner Lowery stated the applicant had submitted a request for deferral. He asked the applicant if they would like to pursue the deferral. The applicant stated he would like to withdraw the request for deferral. 5 FILE ND.: Z -5863-A Cant. Staff introduced the item stating the applicant was requesting a revision to the existing PCD to allow the applicant to keep the seven (7) head -in parking spaces along Rebseman Park Road. Staff stated the applicant had agreed to eliminate these spaces as a part of the previously approved PCD. Staff stated they recommended denial of the . request to eliminate the head -in parking. Staff stated the removal of the spaces was more a safety issue than a street issue. Staff stated the dedication of Right -of -Way was no longer an issue since Public Works had established the Right -of -Way was in place. Staff stated the applicant was also requesting a waiver of the required parking lot landscaping in the rear. Staff stated the applicant had made this request to City Beautiful Commission and was denied. Staff stated the applicant was requesting to extend the hours of operation for the private club until 2:00 am or in accordance with his ABC license. Staff stated the previously approved PCD set the closing hour for the restaurant at 10:00 pm. Staff stated they recommended denial of the request for the business to close at 2:00 am. Mr. Derrick Davidson, representing the applicant, spoke in support of the request for the amendment. He stated the request was to amend a two (2) year old Planned Development. He stated the previously approved PCD allowed for limited landscaping in the front area and the construction of street improvements. He stated the closing hours were set at 10:00 pm. Mr. Davidson stated the use of the deck was also an issue, which needed to be addressed. He stated the original application was for a cigar shop, restaurant and nightclub. Mr. Davidson stated since the nightclub was not in operation at the time the original application was filed, the hours of operation were not an issue. Mr. Davidson stated the situation had changed since the original application was filed. He stated the parking situation was different. He stated the cross access easement was now in question and the issue of if it existed or not would work itself out. He stated the parking across the street was not available to the applicant as indicated by a sign now on the property. He stated the issue of the cross -access was not an issue until three months ago when Mr. Michael removed the cigar shop and added "a few" tables on the inside to offer indoor dining. Mr. Davidson stated the city and the adjacent property owners were now closing in on Mr. Michael; not allowing his customers a place to park. He stated the City Beautiful Commission had denied the request for the removal of landscaping eliminating two of the 17 rear parking spaces. He stated with the removal of the seven (7) spaces in the front of the building this would leave Mr. Michael with only 15 parking spaces. Mr. Davidson stated other area businesses were currently utilizing head -in parking along the roadway. He stated if the reasoning for eliminating the spaces was a safety concern, all the businesses should be required to eliminate the head -in spaces. Mr. Davidson stated a Police Report confirmed there was not a safety issue. He stated over the past one-year there has only been one traffic accident related to the parking situation. FILE NO.: Z -6863-A (Cont. He stated the use of music on the deck was a request, which was allowed all over the city. He stated music and dining go together. He stated Mr. Michael was trying to get the effect of Beal Street in Memphis by allowing a blues type guitar on the deck during the dinner hour from 7:00 pm until 10:00 pm during daylight savings hours. He stated if the music became an issue then the music level would be controlled by the Noise Ordinance and be heard before a Municipal Judge. He stated the issue of music and noise was not an issue of the PCD. Mr. Davidson stated the applicant was requesting the music be allowed outdoors until 10:00 pm and them moved in -doors until 2:00 am. Mr. Chris Travis stated the applicant was not advised at the time of the original application that he would be bound by the hours. Commissioner Rector stated the Planned Development was a "wide-open" process. He stated the process limited aspects to get other aspects approved. Commissioner Rector stated the hours was an item customarily set by the Planned Development process. Chairman Lowery asked the applicant what the amendment request was before the Commission. Mr. Chris Travis stated the request was to maintain the seven (7) head -in parking spaces, to allow the private club to operate until 2:00 am and the restaurant close at 11:00 pm and use the deck for outdoor entertaining until 10:00 pm. Mr. Travis stated the music would be played with minimal amplification. Mr. Jim Lawson, Director of Planning and Development, questioned how Staff would enforce "minimal amplification". He stated he would prefer no amplification. Mr. Travis stated some form of amplification would be required to allow the voices to be heard above the guitar. Chairman Lowery questioned if this was an issue covered by zoning. Mr. Steven Giles, Deputy City Attorney, stated music and amplification could be conditioned as approval of the PCD. He stated the question of if the music was to loud and too who was the music too loud would be the question. He stated the area was unique. He stated the area contained a mixture of commercial and residential uses. Mr. Giles stated there was a need for a modest amplification devise to allow the voice to be heard. Mr. Giles stated he would be willing to identify an amplification devise which would be suitable for use on the deck until 10:00 pm only and then moved in -doors. Mr. Lawson stated, "We have been down this road before". He stated the applicant does not adhere to his end of the bargain. 7 FILE NO.: Z -6863-A Cont. Chairman Lowery stated the motion would have to be for all music or no music. He stated the approval would have to be an enforceable approval. Mr. Travis stated Mr. Michael would buy the equipment to be used by the musicians. Mr. Giles stated decibel machines were available. He stated then the question was at what decibel level was comfortable. Mr. John Wickliffe spoke in support of the application. He stated the music was too loud for some and not for others. He stated he was a Commissioner at the Little Rock Port and understood the difficult decision the Commission must make. He stated he was at the Cross Eyed Pig when one of the complaints was made concerning the volume of the music. He stated the music was not very loud when the Police arrived. Mr. Wickliffe stated parking was critical to a small business. He stated not allowing the owner to keep seven (7) parking spaces when the business has limited parking would be detrimental to his survival. He stated he was requesting the Commission allow Mr. Anthony to retain the seven (7) front parking spaces. Mr. Chris Barrier spoke in opposition of the application. He stated he was an attorney representing Mr. Ed David (Faded Rose) and Mr. John Gaiser (Buffalo Grill). He stated parking was the life -blood of retail business. He stated the issue before the Commission was the applicant doing what he said he would not do and not doing what he said he would do. He stated the complexion of the business had changed. Mr. Barrier stated Mr. Michael presented to the neighbors in his original plan the installation of a kitchen for take-out. He stated this was no longer the case. He stated the business was now a full-scale sit-down restaurant. Mr. Barrier stated the taking, which was being referred to, was not the taking of parking spaces from Mr. Michael, but the taking of parking spaces from area businesses, which paid to lease them and to maintain the parking areas. He stated the Faded Rose eliminated the head in parking at the time of obtaining a building permit for the new store. He stated Mr. Gaiser was also willing to comply with the requirement when renovations warranted the removal. Mr. Barrier stated the issue of the music was similar to standing on the steps of the City Hall and placing a band at the Pulaski County Complex across the street. He stated this was the proximity of the residential units to the area businesses. He stated the hours of operation should remain as set by the original PCD. Mr. Barrier stated he would also request the Commission eliminate the additional C-3 uses as alternative uses. He stated the employees of the Faded Rose had retained a log of the closing times of the Cross Eyed Pig over the previous 36 days. He stated 30 out of the 36 nights the business had remained open after 10:00 pm and most nights after 11:00 pm. He stated live music was also on the deck many nights until 2:00 am. Mr. Barrier stated the desire was not to put Mr. Michael out of business but to make him play by the rules as well. He stated there were many places, which allowed live music but those places were not adjacent to residential neighborhoods. Mr. Barrier stated his E FILE NO.: Z -6863-A (Cont.) desire was to not amend the current PCD but to require Mr. Michael to not have music on the deck, to close at 10:00 pm, to remove the seven (7) head -in parking spaces, construct the Y2 street improvements and install the rear parking lot landscaping. Mr. Ed David chose not to speak. Mr. Roger Clark spoke in opposition of the proposed revision to the PCD. He stated his home was directly across Rebsamen Park Road from the Cross Eyed Pig. He stated he too had a log of closing times very few of which were the required 10:00 pm. He stated the neighbors had signed a petition to request the business not be allowed outdoor music at any hour. He questioned how the city would enforce on the volume level. He stated the residents had called the Police to report loud music and were told the music was allowed under his zoning. Mr. David Edwards spoke in opposition to the proposed revision to the PCD. He stated he lived in the Rivera Apartments and had for the past 15 -years. He stated his home overlooked the deck of the Cross Eyed Pig and many nights he had been awake until 2:00 am when the business closed. He stated there were many devices, which could replicate a band to be used by a solo singer. He stated the use of an acoustical guitar was "poppy -cock". He stated the Cross Eyed Pig was not a good neighbor. He stated the bar and the hours of operation bring an element into the neighborhood, which was not desirable to homeowners. Mr. John Gaiser chose not to speak. Ms. Donna McClelland, Property Manager of the Rivera Apartments, spoke in opposition of the application. She stated many of the residents in the building frequented the businesses and restaurants in the area trying to be good neighbors. She stated in the Spring of 2001 she began getting phone calls from residents indicating their concern over the loud music and noise coming from the Cross Eyed Pig. She stated she and the residents worked with the Police Department, Zoning and Planning and Development to resolve the problems. She stated the noise did get better and then as the weather warmed this spring the music and noise began again. She stated the residents were not allowed to enjoy their balconies, entertain or raise a window for fresh air. She stated the music and the language was at times very offensive to the residents. She stated she continued to work with the Police Department, Zoning and Planning and Development to resolve the problem over the previous months. She stated the Zoning Department had informed her there was to be no outside music under C-3 zoning. She stated the request of the Riviera residents was not only to not allow live music outside on the deck but to not allow speakers as well. Mr. Chris Travis stated his confusion over Mr. Barrier's request to eliminate parking spaces. He stated with the limited number of spaces in the area. Mr. Travis stated, looks like he would be arguing for more parking. Mr. Travis stated he had met with Mr. Clark and his requests were reasonable. He stated Mr. Clark had indicated there were M FILE NO.: Z -6863-A (Cont. problems in the past but none recently. Mr. Travis requested the Commission and the neighbors look to the future and not the past. Mr. Anthony Michael, the owner, spoke on behalf of his application. He stated the music was a hot topic of discussion. He stated he was trying to control the volume of music and to not allow the music on the deck past 10:00 pm. He stated he was looking for a mechanism that would allow the music and control the decibels. He stated many nights when he was concerned over the volume he would walk across the street to the off-duty police officer and then down the street to determine if the music was too loud. If he determined the music was too loud he told the musicians to turn the volume down or to leave. Chairman Lowery stated the issues before the Commission to be voted o.n were the hours of operation, the seven (7) head -in parking spaces, Y2 street improvements and music on the deck. Commissioner Rector stated the proposal was all one application. Mr. Giles stated the Commission now had eight (8) Commissioners present. He stated in the past the Commission had allowed applicants the right of a deferral. He stated the applicant should be advised of his option of deferral. Mr. Giles stated the vote to be taken was a vote on the amended application. He stated the vote was not to be a menu vote. Chairman Lowery asked the applicant if he would like a deferral. There was a discussion concerning when the item would be heard by the Commission and the privileges the applicant would be allowed to operate under until the next scheduled meeting. It was determined the applicant could operate under the perimeters of the approved PCD only. The Chair asked the applicant once again if he would like a deferral. The applicant stated he did not wish to defer. Commissioner Allen questioned how the City could legislate parking on one business and still allow other businesses to operate under the same conditions. Mr. Lawson stated, the Faded Rose had installed Y2 street improvements as required by the building permit when constructing the new building. Mr. Steve Haralson, Manager Public Works Civil Engineering, stated the elimination of the parking was not only a safety concern but also an access management concern. He stated the desire was to reduce conflicts. He stated to "get -out" of a parking space the motorist must cross one and sometimes two lanes of traffic. He stated the Master Street Plan requires the street to be widened. He stated should the road be built to MSP requirement, the parking would be a moot issue. The spaces would be eliminated with the widening. 10 FILE NO.: Z -6863-A (Cont. Commissioner Rahman stated the parking lot across the street was recently improved. He questioned how the parking lot could still maintain the head -in parking spaces. Mr. Giles stated the parking lot held a non -conforming status. Commissioner Rahman questioned the number of non -conforming parking spaces there were in the area. Mr. Haralson stated the Buffalo Grill had 4 spaces, the Old Faded Rose had 3 spaces, the Grand Finale had 7 spaces, Cynthia East's had 5 spaces and the Pizza Cafe had 4 spaces. Commissioner Rahman asked if the City could offer a deferral of the parking spaces. Mr. 'Giles stated the Commission could send a recommendation to the Board of Directors to defer the street improvements for some set time and franchise the parking in the Right -of -Way. Commissioner Rahman stated taking away parking was only hurting customers. He stated the Police Reports confirm traffic safety was not an issue. He stated the area was an entertainment district. He stated music and entrainment go together. He stated the applicant should be allowed to have music outdoors until 10:00 pm and then move the music inside. He stated the private club should be bound by the ABC rules. Commissioner Faust questioned the original PCD and the components of the PCD. Mr. Lawson stated, the original PCD was for a cigar shop, private club and restaurant. He stated the original PCD was filed in connection with an enforcement action to eliminate a mobile trailer, which was serving bar-b-que on the site. Mr. Lawson stated the applicant had applied for a PCD to allow a kitchen facility to be constructed and the deck to be used for outdoor dining; more of a take-out operation. Mr. Lawson stated the applicant had not complied with the original PCD requirement of'/ street improvements or landscaping and eliminating the parking spaces. He stated this was a good faith effort on both the part of the City and the applicant. There was a very lengthy discussion concerning the voting procedure. Commissioner Downing questioned the parking and staff basis for approving the parking situation in the original PCD. Staff stated there were 17 spaces behind the building and the applicant indicated there was a cross access easement. Staff stated an unsafe assumption was made, on the part of staff, that the parking lot across the street could be utilized by the business. Commissioner Rector made a motion to allow the continued use of the seven head -in parking spaces in the front of the building and the City franchise the parking spaces. The motion carried 7 ayes, 3 noes and 1 absent. Commissioner Rector made a motion to allow the hours of operation for the private club to be until 2:00 am (Monday through Saturday) and the restaurant closing hour to be set at 11:00 pm (Monday through Saturday) not addressing the music. The motion carried 8 ayes, 2 noes and 1 absent. 11 FILE NO.: Z -6863-A Cont. Commissioner Rector made a motion to allow outdoor music during daylight savings time, with no amplification or PA system, until 10:00 pm at which point the music would be moved indoors with no limits placed on amplification. The motion carried 9 ayes, 1 noes and 1 absent. Commissioner Rector made a motion for deferral of Y2 street improvements for five (5) years or until a time when adjacent properties redevelop. The motion failed. Mr. Giles stated the Commission now needed to vote on the PCD as amended. He stated if the vote fails and the amended PCD was denied then the vote conflict between the Y2 street improvements and the allowance to keep the seven head -in parking spaces would be resolved. Commissioner Rector made a motion to approve the PCD amendment as filed with regard to parking, hours of operation, street deferral and music outdoors. The motion failed by a vote of 3 ayes, 6 noes, 1 absent and 1 abstain (Bill Rector). 12 FILE NO.: NAME: Michael Revised Short -form PCD LOCATION: 1701 Rebsamen Park Road DEVELOPER: ENGINEER: Anthony Michael Don Johnson 1701 Rebsamen Park Road 300 Springs Street, Suite 215 Little Rock, AR 72202 Little Rock, AR 72201 AREA: 0.30 Acres NUMBER OF LOTS: 1 FT. NEW STREET. 0 CURRENT ZONING ALLOWED USES PCD C-3 Permitted Uses PROPOSED ZONING: Revised PCD PROPOSED USE: C-3 Permitted Uses VARIANCESMAIVERS REQUESTED: Street improvements to Rebsamen Park Road BACKGROUND: July 18, 2000 the Board of Directors passed Ordinance No. 18,313 establishing a Planned Commercial District titled Michael Short -form PCD located at 1701 Rebsamen Park Road. As a part of the proposal the applicant was to construct a 500 square foot kitchen facility and eliminate the mobile catering trailer from the site. The proposal also included the addition of a paved driveway along the north side of the existing building and a paved parking area to the rear of the building. The applicant proposed the removal of the "head -in" parking in front of the building adjacent to Rebsamen Park Road and to construct the road to Master Street Plan standard. The applicant has not eliminated the "head -in" parking nor constructed Rebsamen Park Road to Master Street Plan standard. The applicant proposes an amendment to the existing PCD to reflect the current conditions of the site. FILE NO.: Z -6863-A Cont. A. PROPOSAUREQUEST: The applicant proposes to revise a previously approved PCD to more accurately reflect the current conditions of the site. The applicant is requesting the "head -in" parking along Rebsamen Park Road not be eliminated and the roadway not be constructed to Master Street Plan standard. The applicant is also requesting the previously required parking lot landscaping in the rear of the building be eliminated. The previously approved application set the days and hours of operation at 11:00 am to 10:00 pm daily. The applicant is requesting the days and hours of operation no longer be limited to this time period and not be set at any specific time. EXISTING CONDITIONS: There is an existing commercial building (cigar shop) on the site, as well as a restaurant and a deck used for outdoor dining. There is a parking area in the rear yard with a cross easement for shared parking with the properties to the south. There are commercial uses immediately north and south of this property along the east side of Rebsamen Park Road. There are also commercial uses (including a parking lot) across Rebsamen Park Road to the west, with single- family residences to the northwest. There is railroad right-of-way and a drainage ditch immediately east of the property, with a mini -warehouse development further east. C. NEIGHBORHOOD COMMENTS: As of this writing staff has not received any comment from the neighborhood. All property owners within 200 feet of the site, all residents within 300 feet of the site who could be identified and the Capitol View, Hillcrest and Cedar Hill Terrace Neighborhood Associations were notified of the public hearing. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: 1. Provide design of street conforming to "MSP" (Master Street Plan). Construct one-half street improvements to the street including 5 -foot sidewalk with the Planned Development. Match curb alignment to adjacent property. 2. Driveways shall conform to Sec. 31-210 or Ordinance 18,031. Conform to driveway grade requirements, in particular. 3. All driveways shall be concrete aprons per City Ordinance. 6 FILE NO_: Z -6863-A (Cont. E F 4. Plans of all work in right-of-way shall be submitted for approval prior to start of work. 5. Rebsamen Park Road is classified on the Master Street Plan as a commercial street. Dedicate right-of-way to 30 feet from centerline. 6. Appropriate handicap ramps will be required per current ADA standards. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer available, not adversely affected. Entergy: No comment received. ARKLA: No comment received. Southwestern Bell Approved as submitted. Water: No objection. Fire Department: Place fire hydrants per ordinance. Contact Dennis Free at 918-3752 for details. County Plannin : No comment received. CATA: Site is near Bus Route #21 and has no effect on bus radius, turnout and route. I SSUES/TEC H N1 CAUDESIGN: Planning Division: The request is located in the Heights -Hillcrest Planning District. The Future Land Use Plan indicated a Commercial classification for the site. The applicant has applied for a revision to an existing PCD with regard to parking and hours of operation. The revision to the existing zoning does not require a revision to the Future Land Use Plan. City Recognized Neighborhood Action Plan: The site is located in an area not covered by a Neighborhood Action Plan. Landscape Issues: Landscaping for this project has not been installed. Buildina Codes: No comment received - 3 FILE NO.: Z -6863-A (Cont. G. SUBDIVISION COMMITTEE COMMENT: (March 7, 2002) Chris Travis and Anthony Michael were present, representing the application. Staff briefly described the proposed revision and noted that some additional information was needed. Public Works requirements were briefly discussed. It was noted that the previous conditions of the Master Street Plan had not been installed. Staff stated the curb and gutter had not been put in place thus eliminating the "head -in" parking from Rebsamen Park Road. Staff stated the landscaping on the rear parking area shown on the previously approved site plan was no longer necessary. Staff stated the applicant and the adjacent property owner now share a cross access easement. The parking in the rear of the structure now stretches across the entire rear of several businesses. The applicant also requested the days and hours of operation be amended to allow for continued operational hours. Currently the Planned Development allows hours of operation to be from 11:00 am to 10:00 pm daily. The Committee determined there were no other issues associated with the proposed request. The Committee forwarded the revision to the PCD to the full Commission for resolution. H. ANALYSIS: The applicant submitted a revised site plan to staff addressing the issues raised by staff at the Subdivision Committee meeting. The previously approved Planned Development allowed C-3 uses as alternative uses for the property. The applicant is requesting C-3 remain as alternative uses. The property to the north and south is zoned C-3. These uses remain valid as alternative uses for the property. The applicant is requesting the "head -in" parking remain on the site. Staff is not supportive of allowing this situation to continue. Although, for many years, cars have been backing into the lane of traffic, Staff does not feel this is a safe situation. As previous applications have been filed for renovation or new construction in this area, applicants have been required to construct Master Street Plan improvements. It is staff's belief that each of these parking situations will be taken care of as the properties redevelop in the area. Staff feels the parking should be removed and Rebsamen Park Road constructed to Master Street Plan standard adjacent to the site. 4 FILE NO.: Z -6863-A (Cont. Staff is supportive of the request to extend the hours of operation allowing the applicant to operate in conformance with other area businesses and not limit the hours to 10:00 pm. The applicant has stated the restaurant will close at 10:00 pm but the Cigar Shop will remain open. Staff is not supportive of allowing the applicant unlimited hours of operation due to the proximity to residential properties. Area businesses operate from 11:00 am to 11:00 pm Monday through Saturday and 11:00 am to 9:30 pm on Sunday. Staff is supportive of removing the landscaping requirement in the rear parking area. The current parking situation allows for a cross access easement with shared parking along the rear of several businesses. In this situation landscaping is not a requirement. STAFF RECOMMENDATIONS: Staff recommends approval of the proposed request for the extension of the hours of operation but requests the hours be limited to operational hours of the businesses in the area. (Normal operational hours are 11 am to 11 pm Monday through Saturday and 11 am to 9:30 pm Sunday.) Staff recommends approval of the request to eliminate the parking lot landscaping requirement in the rear of the building. Staff recommends denial of the request to waive the Master Street Plan standard and leave the "head -in" parking along the front of the structure. PLANNING COMMISSION ACTION: (MARCH 28, 2002) The applicant was present. There were objectors present. There were seven Commissioners present. The Chairman stated it was Planning Commission Policy to offer a deferral to the applicant when fewer than nine Commissioners were present. The applicant requested a deferral to the May 9, 2002 Public Hearing. The application was place on the consent agenda for deferral. The vote passed by 7 ayes, 0 noes and 4 absent. PLANNING COMMISSION ACTION: (MAY 9, 2002) Derrick Davidson, Chris Travis and Anthony Michael were present representing the application. There were several persons present in support and in opposition. Commissioner Lowery stated the applicant had submitted a request for deferral. He asked the applicant if they would like to pursue the deferral. The applicant stated he would like to withdraw the request for deferral. 5 FILE NO.: Z -6863-A Staff introduced the item stating the applicant was requesting a revision to the existing PCD to allow the applicant to keep the seven (7) head -in parking spaces along Rebseman Park Road. Staff stated the applicant had agreed to eliminate these spaces as a part of the previously approved PCD. Staff stated they recommended denial of the request to eliminate the head -in parking. Staff stated the removal of the spaces was more a safety issue than a street issue. Staff stated the dedication of Right -of -Way was no longer an issue since Public Works had established the Right -of -Way was in place. Staff stated the applicant was also requesting a waiver of the required parking lot landscaping in the rear. Staff stated the applicant had made this request to City Beautiful Commission and was denied. Staff stated the applicant was requesting to extend the hours of operation for the private club until 2:00 am or in accordance with his ABC license. Staff stated the previously approved PCD set the closing hour for the restaurant at 10:00 pm. Staff stated they recommended denial of the request for the business to close at 2:00 am. Mr. Derrick Davidson, representing the applicant, spoke in support of the request for the amendment. He stated the request was to amend a two (2) year old Planned Development. He stated the previously approved PCD allowed for limited landscaping in the front area and the construction of street improvements. He stated the closing hours were set at 10:00 pm. Mr. Davidson stated the use of the deck was also an issue, which needed to be addressed. He stated the original application was for a cigar shop, restaurant and nightclub. Mr. Davidson stated since the nightclub was not in operation at the time the original application was filed, the hours of operation were not an issue. Mr. Davidson stated the situation had changed since the original application was filed. He stated the parking situation was different. He stated the cross access easement was now in question and the issue of if it existed or not would work itself out. He stated the parking across the street was not available to the applicant as indicated by a sign now on the property. He stated the issue of the cross -access was not an issue until three months ago when Mr. Michael removed the cigar shop and added "a few" tables on the inside to offer indoor dining. Mr. Davidson stated the city and the adjacent property owners were now closing in on Mr. Michael; not allowing his customers a place to park. He stated the City Beautiful Commission had denied the request for the removal of landscaping eliminating two of the 17 rear parking spaces. He stated with the removal of the seven (7) spaces in the front of the building this would leave Mr. Michael with only 15 parking spaces. Mr. Davidson stated other area businesses were currently utilizing head -in parking along the roadway. He stated if the reasoning for eliminating the spaces was a safety concern, all the businesses should be required to eliminate the head -in spaces. Mr. Davidson stated a Police Report confirmed there was not a safety issue. He stated over the past one-year there has only been one traffic accident related to the parking situation. 1.1 FILE NO.: Z -6863-A (Cont. He stated the use of music on the deck was a request, which was allowed all over the city. He stated music and dining go together. He stated Mr. Michael was trying to get the effect of Beal Street in Memphis by allowing a blues type guitar on the deck during the dinner hour from 7:00 pm until 10:00 pm during daylight savings hours. He stated if the music became an issue then the music level would be controlled by the Noise Ordinance and be heard before a Municipal Judge. He stated the issue of music and noise was not an issue of the PCD. Mr. Davidson stated the applicant was requesting the music be allowed outdoors until 10:00 pm and them moved in -doors until 2:00 am. Mr. Chris Travis stated the applicant was not advised at the time of the original application that he would be bound by the hours. Commissioner Rector stated the Planned Development was a "wide-open" process. He stated the process limited aspects to get other aspects approved. Commissioner Rector stated the hours was an item customarily set by the Planned Development process. Chairman Lowery asked the applicant what the amendment request was before the Commission. Mr. Chris Travis stated the request was to maintain the seven (7) head -in parking spaces, to allow the private club to operate until 2:00 am and the restaurant close at 11:00 pm and use the deck for outdoor entertaining until 10:00 pm. Mr. Travis stated the music would be played with minimal amplification. Mr. Jim Lawson, Director of Planning and Development, questioned how Staff would enforce "minimal amplification". He stated he would prefer no amplification. Mr. Travis stated some form of amplification would be required to allow the voices to be heard above the guitar. Chairman Lowery questioned if this was an issue covered by zoning. Mr. Steven Giles, Deputy City Attorney, stated music and amplification could be conditioned as approval of the PCD. He stated the question of if the music was to loud and too who was the music too loud would be the question. He stated the area was unique. He stated the area contained a mixture of commercial and residential uses. Mr. Giles stated there was a need for a modest amplification devise to allow the voice to be heard. Mr. Giles stated he would be willing to identify an amplification devise which would be suitable for use on the deck until 10:00 pm only and then moved in -doors. Mr. Lawson stated, "We have been down this road before". He stated the applicant does not adhere to his end of the bargain. 7 FILE NO.: Z -6863-A Cont. Chairman Lowery stated the motion would have to be for all music or no music. He stated the approval would have to be an enforceable approval. Mr. Travis stated Mr. Michael would buy the equipment to be used by the musicians. Mr. Giles stated decibel machines were available. He stated then the question was at what decibel level was comfortable. Mr. John Wickliffe spoke in support of the application. He stated the music was too loud for some and not for others. He stated he was a Commissioner at the Little Rock Port and understood the difficult decision the Commission must make. He stated he was at the Cross Eyed Pig when one of the complaints was made concerning the volume of the music. He stated the music was not very loud when the Police arrived. Mr. Wickliffe stated parking was critical to a small business. He stated not allowing the owner to keep seven (7) parking spaces when the business has limited parking would be detrimental to his survival. He stated he was requesting the Commission allow Mr. Anthony to retain the seven (7) front parking spaces. Mr. Chris Barrier spoke in opposition of the application. He stated he was an attorney representing Mr. Ed David (Faded Rose) and Mr. John Gaiser (Buffalo Grill). He stated parking was the life -blood of retail business. He stated the issue before the Commission was the applicant doing what he said he would not do and not doing what he said he would do. He stated the complexion of the business had changed. Mr. Barrier stated Mr. Michael presented to the neighbors in his original plan the installation of a kitchen for take-out. He stated this was no longer the case. He stated the business was now a full-scale sit-down restaurant. Mr. Barrier stated the taking, which was being referred to, was not the taking of parking spaces from Mr. Michael, but the taking of parking spaces from area businesses, which paid to lease them and to maintain the parking areas. He stated the Faded Rose eliminated the head in parking at the time of obtaining a building permit for the new store. He stated Mr. Gaiser was also willing to comply with the requirement when renovations warranted the removal. Mr. Barrier stated the issue of the music was similar to standing on the steps of the City Hall and placing a band at the Pulaski County Complex across the street. He stated this was the proximity of the residential units to the area businesses. He stated the hours of operation should remain as set by the original PCD. Mr. Barrier stated he would also request the Commission eliminate the additional C-3 uses as alternative uses. He stated the employees of the Faded Rose had retained a log of the closing times of the Cross Eyed Pig over the previous 36 days. He stated 30 out of the 36 nights the business had remained open after 10:00 pm and most nights after 11:00 pm. He stated live music was also on the deck many nights until 2:00 am. Mr. Barrier stated the desire was not to put Mr. Michael out of business but to make him play by the rules as well. He stated there were many places, which allowed live music but those places were not adjacent to residential neighborhoods. Mr. Barrier stated his FILE NO.: Z -6863-A (Co desire was to not amend the current PCD but to require Mr. Michael to not have music on the deck, to close at 10:00 pm, to remove the seven (7) head -in parking spaces, construct the Y2 street improvements and install the rear parking lot landscaping. Mr. Ed David chose not to speak. Mr. Roger Clark spoke in opposition of the proposed revision to the PCD. He stated his home was directly across Rebsamen Park Road from the Cross Eyed Pig. He stated he too had a log of closing times very few of which were the required 10:00 pm. He stated the neighbors had signed a petition to request the business not be allowed outdoor music at any hour. He questioned how the city would enforce on the volume level. He stated the residents had called the Police to report loud music and were told the music was allowed under his zoning. Mr. David Edwards spoke in opposition to the proposed revision to the PCD. He stated he lived in the Rivera Apartments and had for the past 15 -years. He stated his home overlooked the deck of the Cross Eyed Pig and many nights he had been awake until 2:00 am when the business closed. He stated there were many devices, which could replicate a band to be used by a solo singer. He stated the use of an acoustical guitar was "poppy -cock". He stated the Cross Eyed Pig was not a good neighbor. He stated the bar and the hours of operation bring an element into the neighborhood, which was not desirable to homeowners. Mr. John Gaiser chose not to speak. Ms. Donna McClelland, Property Manager of the Rivera Apartments, spoke in opposition of the application. She stated many of the residents in the building frequented the businesses and restaurants in the area trying to be good neighbors. She stated in the Spring of 2001 she began getting phone calls from residents indicating their concern over the loud music and noise coming from the Cross Eyed Pig. She stated she and the residents worked with the Police Department, Zoning and Planning and Development to resolve the problems. She stated the noise did get better and then as the weather warmed this spring the music and noise began again. She stated the residents were not allowed to enjoy their balconies, entertain or raise a window for fresh air. She stated the music and the language was at times very offensive to the residents. She stated she continued to work with the Police Department, Zoning and Planning and Development to resolve the problem over the previous months. She stated the Zoning Department had informed her there was to be no outside music under C-3 zoning. She stated the request of the Riviera residents was not only to not allow live music outside on the deck but to not allow speakers as well. Mr. Chris Travis stated his confusion over Mr. Barrier's request to eliminate parking spaces. He stated with the limited number of spaces in the area. Mr. Travis stated, looks like he would be arguing for more parking. Mr. Travis stated he had met with Mr. Clark and his requests were reasonable. He stated Mr. Clark had indicated there were 9 FILE NO.: Z -6863-A (Cont. problems in the past but none recently. Mr. Travis requested the Commission and the neighbors look to the future and not the past. Mr. Anthony Michael, the owner, spoke on behalf of his application. He stated the music was a hot topic of discussion. He stated he was trying to control the volume of music and to not allow the music on the deck past 10:00 pm. He stated he was looking for a mechanism that would allow the music and control the decibels. He stated many nights when he was concerned over the volume he would walk across the street to the off-duty police officer and then down the street to determine if the music was too loud. If he determined the music was too loud he told the musicians to turn the volume down or to leave. Chairman Lowery stated the issues before the Commission to be voted on were the hours of operation, the seven (7) head -in parking spaces, 'h street improvements and music on the deck. Commissioner Rector stated the proposal was all one application. Mr. Giles stated the Commission now had eight (8) Commissioners present. He stated in the past the Commission had allowed applicants the right of a deferral. He stated the applicant should be advised of his option of deferral. Mr. Giles stated the vote to be taken was a vote on the amended application. He stated the vote was not to be a menu vote. Chairman Lowery asked the applicant if he would like a deferral. There was a discussion concerning when the item would be heard by the Commission and the privileges the applicant would be allowed to operate under until the next scheduled meeting. It was determined the applicant could operate under the perimeters of the approved PCD only. The Chair asked the applicant once again if he would like a deferral. The applicant stated he did not wish to defer. Commissioner Allen questioned how the City could legislate parking on one business and still allow other businesses to operate under the same conditions. Mr. Lawson stated, the Faded Rose had installed Y2 street improvements as required by the building permit when constructing the new building. Mr. Steve Haralson, Manager Public Works Civil Engineering, stated the elimination of the parking was not only a safety concern but also an access management concern. He stated the desire was to reduce conflicts. He stated to "get -out" of a parking space the motorist must cross one and sometimes two lanes of traffic. He stated the Master Street Plan requires the street to be widened. He stated should the road be built to MSP requirement, the parking would be a moot issue. The spaces would be eliminated with the widening. 10 FILE NO.: Z -6863-A (Cont.) Commissioner Rahman stated the parking lot across the street was recently improved. He questioned how the parking lot could still maintain the head -in parking spaces. Mr. Giles stated the parking lot held a non -conforming status. Commissioner Rahman questioned the number of non -conforming parking spaces there were in the area. Mr. Haralson stated the Buffalo Grill had 4 spaces, the Old Faded Rose had 3 spaces, the Grand Finale had 7 spaces, Cynthia East's had 5 spaces and the Pizza Cafe had 4 spaces. Commissioner Rahman asked if the City could offer a deferral of the parking spaces. Mr. 'Giles stated the Commission could send a recommendation to the Board of Directors to defer the street improvements for some set time and franchise the parking in the Right -of -Way. Commissioner Rahman stated taking away parking was only hurting customers. He stated the Police Reports confirm traffic safety was not an issue. He stated the area was an entertainment district. He stated music and entrainment go together. He stated the applicant should be allowed to have music outdoors until 10:00 pm and then move the music inside. He stated the private club should be bound by the ABC rules. Commissioner Faust questioned the original PCD and the components of the PCD. Mr. Lawson stated, the original PCD was for a cigar shop, private club and restaurant. He stated the original PCD was filed in connection with an enforcement action to eliminate a mobile trailer, which was serving bar-b-que on the site. Mr. Lawson stated the applicant had applied for a PCD to allow a kitchen facility to be constructed and the deck to be used for outdoor dining; more of a take-out operation. Mr. Lawson stated the applicant had not complied with the original PCD requirement of/Z street improvements or landscaping and eliminating the parking spaces. He stated this was a good faith effort on both the part of the City and the applicant. There was a very lengthy discussion concerning the voting procedure. Commissioner Downing questioned the parking and staff basis for approving the parking situation in the original PCD. Staff stated there were 17 spaces behind the building and the applicant indicated there was a cross access easement. Staff stated an unsafe assumption was made, on the part of staff, that the parking lot across the street could be utilized by the business. Commissioner Rector made a motion to allow the continued use of the seven head -in parking spaces in the front of the building and the City franchise the parking spaces. The motion carried 7 ayes, 3 noes and 1 absent. Commissioner Rector made a motion to allow the hours of operation for the private club to be until 2:00 am (Monday through Saturday) and the restaurant closing hour to be set at 11:00 pm (Monday through Saturday) not addressing the music. The motion carried 8 ayes, 2 noes and 1 absent. 11 FILE NO.: Z -6863-A (Co Commissioner Rector made a motion to allow outdoor music during daylight savings time, with no amplification or PA system, until 10:00 pm at which point the music would be moved indoors with no limits placed on amplification. The motion carried 9 ayes, 1 noes and 1 absent. Commissioner Rector made a motion for deferral of Y2 street improvements for five (5) years or until a time when adjacent properties redevelop. The motion failed. Mr. Giles stated the Commission now needed to vote on the PCD as amended. He stated if the vote fails and the amended PCD was denied then the vote conflict between the Y2 street improvements and the allowance to keep the seven head -in parking spaces would be resolved. Commissioner Rector made a motion to approve the PCD amendment as filed with regard to parking, hours of operation, street deferral and music outdoors. The motion failed by a vote of 3 ayes, 6 noes, 1 absent and 1 abstain (Bill Rector). 12 June 22, 2000 ITEM NO.: 9 NAME: Michael - Short -Form PCD LOCATION: 1701 Rebsamen Park Road DEVELOPER: ENGINEER: Anthony Michael Don Johnson 1701 Rebsamen Park Rd. 300 Spring St., Little Rock, AR Little Rock, AR AREA: Approx. 0.30 acre NUMBER OF LOTS: 1 ZONING: R-3 Nonconforming C-3 ALLOWED USES: FILE NO.: Z-6863 Ste. 215 72201 FT. NEW STREET: 0 Single Family Residential/ Nonconforming Commercial PROPOSED USE: Commercial VARIANCES/WAIVERS REQUESTED: None requested. BACKGROUND: The property at 1701 Rebsamen Park Road is currently zoned R-3 and has a nonconforming C-3 status. There is an existing 1,075 square foot commercial building on the site which contains a cigar shop. There is also an existing 900 square foot deck structure which is attached to the south side of the existing building. The deck structure is currently used for outdoor dining and is served by a mobile catering trailer which is located on the site. A. PROPOSAL/REQUEST: The applicant proposes to rezone the property from R-3 to PCD in order to construct a permanent 500 square foot kitchen addition to the existing building and deck structure. The mobile catering trailer which is on the site will be eliminated with the kitchen addition. The June 22, 2000 SUBDIVISION ITEM NO.: 9 (Cont.) FILE NO.: Z-6863 proposed kitchen addition will be at the deck level, with storage underneath. As part of the proposed plan, the applicant is proposing a new paved access drive along the north side of the existing building and a new area of paved parking within the rear portion of the property. The applicant has noted that this new area of parking will tie in with future new parking areas on the properties to the south and that cross -access_ easements will be provided. The new parking area will eliminate a small area of head -in parking in front of the building. The existing building, proposed. addition, parking area and landscaped areas are noted on the attached site plan. The applicant has noted that a corrugated tin roof structure will be constructed over the existing deck area and will surround an existing tree which the deck was constructed around. The existing and proposed building heights range from 12 feet to 15 feet. B. EXISTING CONDITIONS: There is an existing commercial building (cigar shop) on the site, as well as a mobile catering trailer and a deck used for outdoor dining. There is an unpaved parking area in the rear yard. There are commercial uses immediately north and south of this property along the east side of Rebsamen Park Road. There are also commercial uses (including a parking lot) across Rebsamen Park Road to the west, with single family residences to the northwest. There is railroad right-of- way and a drainage ditch immediately east of the property, with a mini -warehouse development further east. C_ NEIGHBORHOOD COMMENTS: The Hillcrest, Sherrill Heights and Cedar Hill Terrace Neighborhood Associations were notified of the public hearing. As of this writing, staff has received no comment from the neighborhood. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: 1. Rebsamen Park Road is listed on the Master Street Plan as a collector street. Dedicate right-of-way to 30 feet from centerline. K 2 June 22, 2000 SUBDIVISION ITEM NO.: 9 (Cont.) FILE.NO.: Z-6863 2. Provide design of street conforming to "MSP" (Master Street Plan). Construct one-half street improvements to this street including 5 -foot sidewalk with planned development. 3. Plans of all work in right-of-way shall be submitted for approval prior to start of work. 4. Stormwater detention ordinance applies to this property. 5. Minimum corner curb radius is 10 feet for commercial driveways. Redesign and resubmit. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer available, not adversely affected. AP&L: No Comment received. Arkla: No Comment. Southwestern Bell: No Comment received. Water: No objection. Contact the Water Works if larger and/or additional water meters are needed. Fire Department: No Comment. County Plannin : No Comment received. CATA: No effect; site is not on a dedicated bus route, but it is close to bus route #21. F. ISSUES/TECHNICAL/DESIGN: Planning Division: This request is located in the Heights/Hillcrest Planning District. The Land Use Plan shows Commercial for this location. The property is currently zoned R-3 Single Family Residential and the request is a change to Planned Commercial Development. The applicant wishes to construct an indoor kitchen. The proposed use is consistent with the adopted Land Use Plan. City Recognized Nei hborhood Action Plan: This property is located in an area that is not covered by a city recognized neighborhood action plan. 3 June 22, 2000 SUBDIVISION ITEM NO.: 9 (Cont.) Landscape Issues: FILE NO.: Z-6863 A total of six (6) percent of the interior of the on-site vehicular use areas must be landscaped with interior landscape islands. The plan submitted does not provide for this interior landscaping area. G. SUBDIVISION COMMITTEE COMMENT: (JUNE 1, 2000) Chris Travis, Anthony Michael, Don Johnson and Pat McGetrick were present, representing the application. Staff briefly described the proposed PCD and noted that some additional information was needed. Chris Travis noted that C-3 permitted uses would be requested as alternate uses for the property. The Public Works requirements were briefly discussed. It was noted that the driveway width along the north side of the building needed to be increased. Mr. Michael noted that he would look into eliminating the three (3) parking spaces along the north side of the building in order to provide the increased drive width. The typical ordinance requirement for number of parking spaces was discussed. Staff noted that the number of spaces proposed appeared to be close to the typical ordinance minimum. The required street improvements to Rebsamen Park Road were briefly discussed. Bob Turner, of -Public Works, noted that the applicant could meet with Public Works to work out the street construction. Staff noted that six (6) percent of the proposed parking area needed to be landscaped and suggested areas where this landscaping could be provided. This issue was briefly discussed. After the discussion, the Committee forwarded the PCD to the full Commission for resolution. H. ANALYSIS: The applicant submitted a revised site plan and additional information to staff on June 6, 2000. The applicant has addressed all of the issues as raised by staff and the 4 June 22, 2000 SUBDIVISION ITEM NO.: 9 (Cont.) FILE NO.: Z-6863 Subdivision Committee. The applicant provided the following information: 1. Hours of operation will be from 11:00 a.m. to 10:00 p.m. daily. 2. No ground -mounted signage is proposed. An additional wall -type sign will be placed on the deck structure. 3. The dumpster area will be screened. - 4. The applicant will coordinate cross -access easements with the property owner to the south. 5. C-3 permitted uses are requested as alternate uses for the property. 6. The applicant has noted that the Public Works requirements will be complied with. The revised site plan submitted shows 14 parking spaces located on the east side of the existing building and proposed building addition. The ordinance would typically require 17 parking spaces for this development. Staff has no problem with the parking plan as proposed. There is an existing parking lot across Rebsamen Park Road to the west which several of the businesses along the east side of the street utilize. Based on the fact that the applicant is proposing only 14 parking spaces, there is no interior landscape requirement. As noted above, the applicant is proposing C-3 permitted uses as alternate uses for the property. Based on the fact that the property has a nonconforming C-3 status and the property to the north and south is zoned C-3, this request is appropriate. Otherwise, there should be no outstanding issues associated with this application, as the applicant has done a good job of addressing the questions posed by staff and the Subdivision Committee. The proposed PCD should have no adverse effect on the general area. I. STAFF RECOMMENDATIONS: Staff recommends approval of the proposed PCD subject to the following conditions: 1. Compliance with the conditions as noted in paragraph D and E of this report. 2. Any site lighting should be low-level and directed away from the residential property to the northwest. x 5 June 22, 2000 SUBDIVISION ITEM NO.: 9 (Cont.) FILE.NO.: Z-6863 3. C-3 permitted uses are approved as alternate uses for the site. 4. The dumpster area must be screened on three (3) sides with an 8 foot opaque fence or wall. 5. The applicant along with the property owner to the south must file the appropriate easement deed(s) if there is to be cross -access. PLANNING COMMISSION ACTION: (JUNE 22, 2000) The staff presented a positive recommendation on this application, as there were no further issues for resolution. There were no objectors to this matter. The Chairperson placed the item before the Commission for inclusion within the Consent Agenda for approval as recommended by staff. A motion to that effect was made. The motion passed by a vote of 9 ayes, 0 nays and 2 absent. 6 May 9, 2002 ITEM NO.: B NAME: Michael Revised Short -form PCD LOCATION: 1701 Rebsamen Park Road DEVELOPER: ENGINEER: FILE NO.: Z -6863-A Anthony Michael Don Johnson 1701 Rebsamen Park Road 300 Springs Street, Suite 215 Little Rock, AR 72202 Little Rock, AR 72201 AREA: 0.30 Acres NUMBER OF LOTS: 1 FT. NEW STREET: 0 CURRENT ZONING: PCD ALLOWED USES: C-3 Permitted Uses PROPOSED ZONING: Revised PCD PROPOSED USE: C-3 Permitted Uses VARIAN CESMAIVERS REQUESTED: Street improvements to Rebsamen Park Road BACKGROUND: July 18, 2000 the Board of Directors passed Ordinance No. 18,313 establishing a Planned Commercial District titled Michael Short -form PCD located at 1701 Rebsamen Park Road. As a part of the proposal the applicant was to construct a 500 square foot kitchen facility and eliminate the mobile catering trailer from the site. The proposal also included the addition of a paved driveway along the north side of the existing building and a paved parking area to the rear of the building. The applicant proposed the removal of the "head -in" parking in front of the building adjacent to Rebsamen Park Road and to construct the road to Master Street Plan standard. The applicant has not eliminated the "head -in" parking nor constructed Rebsamen Park Road to Master Street Plan standard. The applicant proposes an amendment to the existing PCD to reflect the current conditions of the site. May 9, 2002 SUBDIVISION ITEM NO.: B (Cont.) FILE NO.: Z-6863-A— A. PROPOSAUREQUEST: The applicant proposes to revise a previously approved PCD to more accurately reflect the current conditions of the site. The applicant is requesting the "head -in" parking along Rebsamen Park Road not be eliminated and the roadway not be constructed to Master Street Plan standard. The applicant is also requesting the previously required parking lot landscaping in the rear of the building be eliminated. The previously approved application set the days and hours of operation at 11:00 am to 10:00 pm daily. The applicant is requesting the days and hours of operation no longer be limited to this time period and not be set at any specific time. ' B. EXISTING CONDITION There is an existing commercial building (cigar shop) on the site, as well as a restaurant and a deck used for outdoor dining. There is a parking area in the rear yard with a cross easement for shared parking with the properties to the south. There are commercial uses immediately north and south of this property along the east side of Rebsamen Park Road. There are also commercial uses (including a parking lot) across Rebsamen Park Road to the west, with single- family residences to the northwest. There is railroad right-of-way and a drainage ditch immediately east of the property, with a mini -warehouse development further east. C. NEIGHBORHOOD COMMENTS: As of this writing staff has not received any comment from the neighborhood. All property owners within 200 feet of the site, all residents within 300 feet of the site who could be identified and the Capitol View, Hillcrest and Cedar Hill Terrace Neighborhood Associations were notified of the public hearing. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: Provide design of street conforming to "MSP" (Master Street Plan). Construct one-half street improvements to the street including 5 -foot sidewalk with the Planned Development. Match curb alignment to adjacent property. 2 May 9, 2002 SUBDIVISION ITEM NO.: B [a 14:11111121 2. Driveways shall conform to Sec. 31-210 or Ordinance 18,031. Conform to driveway grade requirements, in particular. 3. All driveways shall be concrete aprons per City Ordinance. 4. Plans of all work in right-of-way shall be submitted for approval prior to start of work. 5. Rebsamen Park Road is classified on the Master Street Plan as a commercial street. Dedicate right-of-way to 30 feet from centerline. 6. Appropriate handicap ramps will be required per current ADA standards. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer available, not adversely affected. Entergy: No comment received. ARKLA: No comment received. Southwestern Bell: Approved as submitted. Water: No objection. Fire Department: Place fire hydrants per ordinance. Contact Dennis Free at 918-3752 for details. County Planning: No comment received. CATA: Site is near Bus Route #21 and has no effect on bus radius, turnout and route. F. ISSUES/TECH N ICAL/DESIGN: Planning Division: The request is located in the Heights -Hillcrest Planning District. The Future Land Use Plan indicated a Commercial classification for the site. The applicant has applied for a revision to an existing PCD with regard to parking and hours of operation. The revision to the existing zoning does not require a revision to the Future Land Use Plan. City Recognized Neighborhood Action Plan: The site is located in an area not covered by a Neighborhood Action Plan. Landscape Issues: Landscaping for this project has not been installed. 3 May 9, 2002 SUBDIVISION ITEM NO.: B (Cont. G W Building Codes: No comment received. SUBDIVISION COMMITTEE COMMENT FILE NO.: Z -6863-A (March 7, 2002) Chris Travis and Anthony Michael were present, representing the application. Staff briefly described the proposed revision and noted that some additional information was needed. Public Works requirements were briefly discussed. It was noted that the previous conditions of the Master Street Plan had not been installed. Staff stated the curb and gutter had not been put in place thus eliminating the "head -in" parking from Rebsamen Park Road. Staff stated the landscaping on the rear parking area shown on the previously approved site plan was no longer necessary. Staff stated the applicant and the adjacent property owner now share a cross access easement. The parking in the rear of the structure now stretches across the entire rear of several businesses. The applicant also requested the days and hours of operation be amended to allow for continued operational hours. Currently the Planned Development allows hours of operation to be from 11:00 am to 10:00 pm daily. The Committee determined there were no other issues associated with the proposed request. The Committee forwarded the revision to the PCD to the full Commission for resolution. ANAI YSIS- The applicant submitted a revised site plan to staff addressing the issues raised by staff at the Subdivision Committee meeting. The previously approved Planned Development allowed C-3 uses as alternative uses for the property. The applicant is requesting C-3 remain as alternative uses. The property to the north and south is zoned C-3. These uses remain valid as alternative uses for the property. The applicant is requesting the "head -in" parking remain on the site. Staff is not supportive of allowing this situation to continue. Although, for many years, cars have been backing into the lane of traffic, Staff does not feel this is a safe situation. As previous applications have been filed for renovation or new construction in this area, applicants have been required to construct Master Street Plan improvements. It is staffs belief that each of these parking situations ►1 May 9, 2002 SUBDIVISION ITEM NO.: B FILE NO.: Z -6863-A will be taken care of as the properties redevelop in the area. Staff feels the parking should be removed and Rebsamen Park Road constructed to Master Street Plan standard adjacent to the site. Staff is supportive of the request to extend the hours of operation allowing the applicant to operate in conformance with other area businesses and not limit the hours to 10:00 pm. The applicant has stated the restaurant will close at 10:00 pm but the Cigar Shop will remain open. Staff is not supportive of allowing the applicant unlimited hours of operation due to the proximity to residential properties. Area businesses operate from 11:00 am to 11:00 pm Monday through Saturday and 11:00 am to 9:30 pm on Sunday. Staff is supportive of removing the landscaping requirement in the rear parking area. The current parking situation allows for a cross access easement with shared parking along the rear of several businesses. In this situation landscaping is not a requirement. I. STAFF RECOMMENDATIONS: Staff recommends approval of the proposed request for the extension of the hours of operation but requests the hours be limited to operational hours of the businesses in the area. (Normal operational hours are 11 am to 11 pm Monday through Saturday and 11 am to 9:30 pm Sunday.) Staff recommends approval of the request to eliminate the parking lot landscaping requirement in the rear of the building. Staff recommends denial of the request to waive the Master Street Plan standard and leave the "head -in" parking along the front of the structure. PLANNING COMMISSION ACTION: (MARCH 28, 2002) The applicant was present. There were objectors present. There were seven Commissioners present. The Chairman stated it was Planning Commission Policy to offer a deferral to the applicant when fewer than nine Commissioners were present. The applicant requested a deferral to the May 9, 2002 Public Hearing. The application was place on the consent agenda for deferral. The vote passed by 7 ayes, 0 noes and 4 absent. 5 May 2, 2002 ITEM NO. 1 - C.B.C. 570 - NEW MATTERS Applicant: Address: Description: ORDINANCE RE UIREMENTS: Costello's Cigars/Cross Eyed Pig Anthony Michael, Applicant Chris Travis, Attorney 1701 Rebsamen Park Road Long Legal 1. A perimeter planting strip is required along any side of a vehicular use area that abuts adjoining property. This strip shall be at least six (6) feet wide. 2. One (1) tree and four (4) shrubs or vines every forty (40) linear feet shall be planted in the perimeter planting strip. The width of driveways crossing the perimeter strip shall be subtracted from the length of the perimeter strip for purposes of complying with this provision. VARIANCE REQUESTED: 1. Deletion of the southern perimeter landscaping strip and associated trees and shrubs or vines. FINDINGS: This property is located along the eastern side of Rebsamen Park Road. The Faded Rose Restaurant is located immediately to the south of this property and an industrial use is located to the north. Railroad tracks are adjacent on the east side. June 22, 2000 this site was reviewed by the Planning Commission as a Planned Commercial Development. At that time, it was the City's understanding that there was an access easement agreement between Mr. Michael and the owner of the Faded Rose Restaurant to the south. Therefore, a continuous perimeter landscape strip was not required between the two sites. Without this easement agreement, the landscape strips between both properties are required. Landscaping at this site has not been installed. However, a number of existing trees, including a large elm in the middle of the property, have been preserved. The applicant has posted bond on the landscaping that has not been installed. On May 9, 2002 the applicant will be going back before the Planning Commission asking to keep the head in parking area which is primarily located within the right -at -way of Rebsamen Park Road and to delete the landscaping strip between this property and the Faded Rose property. Staff is recommending that the head -in parking be eliminated and the landscaping strip be required unless an access easement exists. If an access easement does exist, then only that portion used for the driveway would be exempt from having the perimeter landscaping strip. STAFF RECOMMENDATION: Staff recommends the perimeter landscape strip be installed unless an access easement exists. If an access easement does exist, staff recommends perimeter landscaping be installed except- within xceptwithin the area of the driveway. March 28, 2u-2 ITEM NO.: 5 NAME: Michael Revised Short -form PCD LOCATION: 1701 Rebsamen Park Road DEVELOPER- ENGINEER - FILE NO.: Z -6863-A Anthony Michael Don Johnson 1701 Rebsamen Park Road 300 Springs Street, Suite 215 Little Rock, AR 72202 Little Rock, AR 72201 AREA: 0.30 Acres NUMBER OF LOTS: 1 FT. NEW STREET: 0 CURRENT ZONING: PCD ALLOWED USES: C-3 Permitted Uses PROPOSED ZONING: Revised -PCD PROPOSED USE: C-3 Permitted Uses VARIANCES/WAIVERS REQUESTED: Park Road BACKGROUND: Street improvements to Rebsamen July 18, 2000 the Board of Directors passed Ordinance No. 18,313 establishing a Planned Commercial District titled Michael Short - form . PCD located at 1701 Rebsamen Park Road. As a part of the proposal the applicant was to construct a 500 square foot kitchen facility and eliminate the mobile catering trailer from the site. The proposal also included the addition of a paved driveway along the north side of the existing building and a paved parking area to the rear of the building. The applicant proposed the removal of the "head -in" parking in front of the building adjacent to Rebsamen Park Road and to construct the road to Master Street Plan standard. March 28, 2,,2 SUBDIVISION ITEM NO.: 5 (Cont.) FILE NO.: Z -6863-A The applicant has not eliminated the "head -in" parking nor constructed Rebsamen Park Road to Master Street Plan standard. The applicant proposes an amendment to the existing PCD to reflect the current conditions of the site. A. PROPOSAL/REQUEST: The applicant proposes to revise a previously approved PCD to more accurately reflect the current conditions of the site. The applicant is requesting the "head -in" parking along Rebsamen Park Road not be eliminated and the roadway not be constructed to Master Street Plan standard. ' The applicant is also requesting the previously required parking lot landscaping in the rear of the building be eliminated. The previously approved application set the days and hours of operation at 11:00 am to 10:00 pm daily. The applicant is requesting the days and hours of operation no longer be limited to this time period and not be set at any specific time. B. EXISTING CONDITIONS: There is an existing commercial building (cigar shop) on the site, as well as a restaurant and a deck used for outdoor dining. There is a parking area in the rear yard with a cross easement for shared parking with the properties to the south. There are commercial uses immediately north and south of this property along the east side of Rebsamen Park Road. There are also commercial uses (including a parking lot) across Rebsamen Park Road to the west, with single-family residences to the northwest. There is railroad right-of- way and a drainage ditch immediately east of the property, with a mini -warehouse development further east. C. NEIGHBORHOOD COMMENTS: As of this writing staff has not received any comment from the neighborhood. All property owners within 200 feet of the site, all residents within 300 feet of the site who could be identified and the Capitol View, Hillcrest and Cedar Hill Terrace Neighborhood Associations were notified 2 March 28, 2,.__2 SUBDIVISION ITEM NO.: 5 (Cont. of the public hearing. D. ENGINEERING COMMENTS: E. FILE NO.: Z -6863-A PUBLIC WORKS CONDITIONS: 1. Provide design of street conforming to "MSP" (Master Street Plan). Construct one-half street improvements to the street including 5 -foot sidewalk with the Planned Development. Match curb alignment to adjacent property. 2. Driveways shall conform to Sec. 31-210 or Ordinance 18,031. Conform to driveway grade requirements, in particular. 3_ All driveways shall be concrete aprons per City Ordinance. 4. Plans of all work in right-of-way shall be submitted for approval prior to start of work. 5. Rebsamen Park Road is classified on the Master Street Plan as a commercial street. Dedicate right-of-way to 30 feet from centerline. 6. Appropriate handicap ramps will be required per current ADA standards. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer available, not adversely affected. Entergy: No comment received. ARKLA: No comment received. Southwestern Bell: Water: No objection. Approved as submitted. Fire Department: Place fire hydrants per ordinance. Contact Dennis Free at 918-3752 for details. County Planning: No comment received. CATA: Site is near Bus Route #21 and has no effect on bus radius, turnout and route. 3 March 28, 2l._� SUBDIVISION ITEM NO.: 5 (Cont.) F. ISSUES/TECHNICAL/DESIGN: Planning Division: FILE NO.: Z -6863-A The request is located in the Heights -Hillcrest Planning District. The Future Land Use Plan indicated a Commercial classification for the site. The applicant has applied for a revision to an existing PCD with regard to parking and hours of operation. The revision to the existing zoning does not require a revision to the Future Land Use Plan. Citv Recoanized Neighborhood Action Plan: The site is located in an area not covered by a Neighborhood Action Plan. Landscape Issues: Landscaping for this project has not been installed. Building Codes: No comment received. G. SUBDIVISION COMMITTEE COMMENT: (March 7, 2002) Chris Travis and Anthony Michael were present, representing the application. Staff briefly described the proposed revision and noted that some additional information was needed. Public Works requirements were briefly discussed. It was noted that the previous conditions of the Master Street Plan had not been installed. Staff stated the curb and gutter had not been put in place thus eliminating the "head -in" parking from Rebsamen Park Road. Staff stated the landscaping on the rear parking area shown on the previously approved site plan was no longer necessary. Staff stated the applicant and the adjacent property owner now share a cross access easement. The parking in the rear of the structure now stretches across the entire rear of several businesses. The applicant also requested the days and hours of operation be amended to allow for continued operational hours. Currently the Planned Development allows hours of 4 March 28, 2.._2 SUBDIVISION ITEM NO.: 5 (Cont.) FILE NO.: Z -6863-A operation to be from 11:00 am to 10:00 pm daily. The Committee determined there were no other issues associated with the proposed request. The Committee forwarded the revision to the PCD to the full Commission for resolution. H. ANALYSIS: The applicant submitted a addressing the issues raised Committee meeting. revised site plan to staff by staff at the Subdivision The previously approved Planned Development allowed C-3 uses as alternative uses for the property. The applicant is requesting C-3 remain as alternative uses. The property to the north and south is zoned C-3. These uses remain valid as alternative uses for the property. The applicant is requesting the "head -in" parking remain on the site. Staff is not supportive of allowing this situation to continue. Although, for many years, cars have been backing into the lane of traffic, Staff does not feel this is a safe situation. As previous applications have been filed for renovation or new construction in this area, applicants have been required to construct Master Street Plan improvements. It is staff's belief that each of these parking situations will be taken care of as the properties redevelop in the area. Staff feels the parking should be removed and Rebsamen Park Road constructed to Master Street Plan standard adjacent to the site. Staff is supportive of the request to extend the hours of operation allowing the applicant to operate in conformance with other area businesses and not limit the hours to 10:00 pm. The applicant has stated the restaurant will close at 10:00 pm but the Cigar Shop will remain open. Staff is not supportive of allowing the applicant unlimited hours of operation due to the proximity to residential properties. Area businesses operate from 11:00 am to 11:00 pm Monday through Saturday and 11:00 am to 9:30 pm on Sunday. Staff is supportive of removing the landscaping requirement in the rear parking area. The current parking situation allows for a cross access easement with shared parking 5 March 28, 2u_2 SUBDIVISION ITEM NO.: 5 (Cont.) along the rear of several businesses. landscaping is not a requirement. I. STAFF RECOMMENDATIONS: FILE NO.: Z -6863-A In this situation Staff recommends approval of the proposed request for the extension of the hours of operation but requests the hours be limited to operational hours of the businesses in the area. (Normal operational hours are 11 am to 11 pm Monday through Saturday and 11 am to 9:30 pm Sunday.) Staff recommends approval of the request to eliminate the parking lot landscaping requirement in the rear of the building. Staff recommends denial of the request to waive the Master Street Plan standard and leave the "head -in" parking along the front of the structure. 6