HomeMy WebLinkAboutZ-7270-A Staff AnalysisFebruary 20, 2003
ITEM NO.: 4 FILE NO.: Z -7270-A
NAME: Sonic Drive -In — Conditional Use Permit
LOCATION: 2917 Cantrell Road
OWNER/APPLICANT: Eagle Bank and Trust/CEI Engineering
PROPOSAL: A conditional use permit is requested to allow for
construction of an "eating place with drive-in service"
on this C-3 zoned 1.6t acre lot.
ORDINANCE DESIGN STANDARDS:
SITE LOCATION:
The site is located on the south side of Cantrell Road, just east of
Rebsamen Park Road (the former Steak and Ale site).
2. COMPATIBILITY WITH NEIGHBORHOOD:
The site is located within the Riverdale Commercial District, fronting onto
Cantrell Road. Residential properties are located adjacent to the south
and west. Due to the close proximity of residential properties, staff does
have concerns about the nature of commercial businesses that locate on'
the south side of Cantrell Road in this area. Specific aspects of a drive-in
restaurant, such as noise, hours of operation, lighting and traffic, bring into
question the compatibility of such a use with adjacent or nearby
residential properties. Although the site was previously occupied by a
restaurant, the nature of a "dine -in" restaurant is much different than a
drive-in facility.
All owners of property located within 200 feet of the site, all residents
within 300 feet who could be identified and the Hillcrest and Cedar Hill
Terrace Neighborhood Associations were notified of this request. Staff
has received a letter of opposition from the Edgerstoune Property Owners
Association (adjacent to the south).
3. ON SITE DRIVES AND PARKING;
This 1,362 square foot building requires 13 on-site parking spaces. Thirty
(30) spaces are provided for customer service at order stations. Nine (9)
parking spaces are provided west of the common drive (still on-site) for
employees. A drive-thru lane wraps around the south side of the building
February 20, 2003
ITEM NO.: 4 (Cont.
FILE NO.: Z -7270-A
for service at a pick-up window located on the building's east side.
Access to the site is gained via a common drive and fire lane easement
off of Cantrell Road.
4. SCREENING AND BUFFERS:
The proposed street buffer drops below the thirteen (13) foot minimum
width average allowed by the Zoning Ordinance but meets Landscape
Ordinance requirements.
About fifty (50) percent of the proposed land use buffer along the southern
perimeter is located within a dedicated utility easement. Utility easements
cannot count as part of the land use buffer but can count toward fulfilling
Landscape Ordinance requirements.
The existing western parking area does not allow for the minimum 4 Y2
foot wide landscape strip along its northern perimeter. This is required by
the Landscape Ordinance because of the new structure to be built on the
same property. This width requirement takes into account the twenty-five
(25) percent reduction allowed for rehabilitation of an existing site.
The width of the proposed landscape strip along the eastern perimeter
drops below the 6.7 foot minimum allowed by the Landscape Ordinance.
Variances from the Landscape Ordinance requirements require City
Beautiful Commission approval.
Requirements stated take into account the reduction allowed within the
designated mature area.
It is recommended the Loyland Cypress evergreen trees be planted within
the southern perimeter to help screen this site from the residential
property to the south.
An irrigation system to water landscaped areas will be required.
5. PUBLIC WORKS COMMENTS:
1. Cantrell Road is classified on the Master Street Plan as a principal
arterial. Dedication of right-of-way to 45 feet from centerline will be
required at this location.
2. Provide design of street conforming to the Master Street Plan.
Construct one-half street improvement to these streets including 5 -foot
sidewalks with planned development. Extend existing turn lane across
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February 20, 2003
ITEM NO.: 4 Cont. FILE NO.: Z -7270-A
remainder of property frontage and re -construct driveway apron.
3. Show location of cross access easements on the plan.
4. All driveways shall be concrete aprons per City Ordinance.
5. Repair or replace any curb and gutter or sidewalk that is damaged in
the public right-of-way prior to occupancy.
6. Plans of all work in right-of-way shall be submitted for approval prior to
start of work. Obtain barricade permit prior to doing any work in the
right-of-way from Traffic Engineering at (501) 379-1817 (Derrick
Bergfield).
7. Obtain permits for improvements within State Highway right-of-way
from AHTD, District VI.
6. UTILITY, FIRE DEPT. AND CATA COMMENTS:
Wastewater: Sewer available, grease trap required for restaurant.
Entergy: No Comments 'received.
Reliant: No Comments received.
Southwestern Bell: Approved as submitted.
Water: There is existing water service to this site.
Fire Department: Approved as submitted.
County Planning: No Comments.
CATA: No issues.
SUBDIVISION COMMITTEE COMMENT:
(JANUARY 30, 2003)
The applicant was present. Staff presented the item and noted additional
information was needed regarding building height, signage, number of
employees, site lighting, days and hours of operation and fencing. The applicant
was asked to locate mechanical equipment and to describe the materials to be
used for the dumpster screening. Staff noted the baffle and screening
requirement for the drive-through menu board order station and asked that those
elements be indicated on the plan. Staff noted that the driveway at the northeast
corner of the site exited onto an adjacent property and there was no indication of
a cross -access easement. The applicant stated he would provide proof of that
easement or would eliminate that driveway. Public Works Comments were
discussed as were landscape comments. The applicant presented a copy of a
revised site plan that addressed many of the issues raised by staff. He was
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February 20, 2003
ITEM NO.: 4 (Cont.
FILE NO.: Z -7270-A
advised to submit four (4) copies of the plan and responses to staff issues no
later than noon, February 5, 2003. After a brief discussion of the issues of traffic
and buffers, the Committees forwarded the item to the full Commission.
STAFF ANALYSIS:
The C-3 zoned property located at 2917 Cantrell Road is currently occupied by a
vacant commercial building that once housed the Steak and Ale Restaurant.
The remainder of the site is paved with the exception of a small landscaped area
located directly, in front of the building. The applicant proposes to raze the
building and redevelop the site as a Sonic Drive -In Restaurant. Restaurants
(eating places) with drive-in service require a conditional use in the C-3 zoning
district. The proposed, 1,362 square foot restaurant building would be located
roughly in the center of the site. Two canopy covered areas are located west of
the building; providing drive-in service for 28 vehicles. A separate drive-thru lane
circles around the building queuing at an order board and pick-up window
located on the east side of the building. A driveway circles through the site,
entering west of the building and exiting on the east. A 20 foot wide common
drive and fire lane easement enters off of Cantrell Road and circles around this
site and the adjacent lots to the east. Access to the proposed Sonic is off of this
20 foot easement and a second drive easement at the northeast corner of the
lot. A small parking lot, located west of the common drive, provides parking for 8
vehicles. Employees will utilize this parking lot. The applicant states there are
typically 8 employees on each shift. Days and hours of operation are proposed
to be 7 days a week from 7:00 a.m. — 10:00 p.m. and 7:00 a.m. — midnight during
summer months. Site lighting, separate from that lighting on the building, is
proposed to be low-level, aimed inward to the site. A dumpster area, with
required screening, is proposed to be located at the rear of the site. The
required speaker baffle has been indicated for the drive-thru order board and the
required 6 foot tall, 20 foot long solid wall has been shown directly opposite the
drive-thru order speaker. An area of outdoor seating is located in front of the
building. A canopy covers this outdoor seating area. Proposed signage
complies with commercial district standards.
On February 5, 2003, the applicant submitted a revised site plan and responses
to issues raised at Subdivision Committee. The applicant has addressed almost
all issues raised by staff.
A variance is requested regarding the required land use buffer along the south
perimeter of the site. Approximately 50% of the required buffer is located within
a utility easement and the previously mentioned driveway and fire lane
easement. This is an existing situation.
The issue of access at the northeast corner of the site, through the adjacent lot,
has not yet been resolved. Redevelopment of this site has caused the driveway
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February 20, 2003
ITEM NO.: 4 (Cont.) FILE NO.: Z -7270-A
on the subject property to be moved too far south to access the easement on the
adjoining property. The applicant is attempting to resolve this issue.
Although the applicant has done an admirable job in addressing site plan related
issues, staff is not supportive of the proposed use. There is a substantial
difference in the level of activity associated with the proposed use and those
businesses adjacent to the site, along the south side of Cantrell Road. Single
family residential properties abut the site to the south. Although these
residences are located at a substantially higher elevation than the proposed
drive-in, staff is concerned that the noise, light and activity on the site could have
a negative affect on the residential properties. By their very nature. drive-ins
have more in and out traffic than a typical "dine -in" restaurant or many other
commercial uses that could be developed on the site. Additionally, there is the
noise factor to consider, with 28 order stations plus the drive-thru order line.
Staff is also concerned about the effect of this proposed use on the traffic on
Cantrell Road. Staff feels that the large amount of in and out traffic associated
with this use could create a dangerous situation for vehicles entering or exiting
the site onto Cantrell Road.
STAFF RECOMMENDATION:
Staff recommends denial of the application.
PLANNING COMMISSION ACTION: (FEBRUARY 20, 2003)
The applicant was present. There were several objectors present. Several
letters of opposition had been received by staff and forwarded to the
Commission. Staff presented the item and a recommendation of denial.
Mike Huntington, of Sonic Restaurants, stated he was not aware of staff
concerns in time to address them. He stated the site would have low-level
lighting and the order speakers had a volume low enough that the sound did not
extend beyond the site.
Chairman Nunnley asked Mr. Huntington if he wanted to defer the item in order
to try to address staff concerns. Mr. Huntington responded that he felt those
issues could be dealt with at this meeting.
In response to a question from Commissioner Lowry, Mr. Huntington stated the
restaurant should attract 425 vehicles per day with 50% of those coming
between the hours of 11:00 a.m. — 1:00 p.m.
In response to a question from Chairman Nunnley, Mr. Huntington stated there
had been no meeting with the neighborhood.
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February 20, 2003
ITEM NO.: 4 (Cont.) FILE NO.: Z -7270-A
Commissioner Faust stated she was concerned about the deferral suggestion.
She asked when the applicant received staff's recommendation. Staff
responded that the applicant received the recommendation the same time that
the Commission received the agenda. Commissioner Faust stated that the
applicant's contention that he was unaware of staff concerns was not quite true.
She stated those issues were raised at the Subdivision Committee meeting.
Jim Lawson, Director of Planning and Development, stated staff's
recommendation was prepared after a thorough review of the issue, not up front
when the application is filed.
Chairman Nunnley stated he heard the applicant state he had not met with the
neighborhood. Commissioner Allen asked why not. Mr. Huntington stated he
was not aware it was necessary. Commissioner Allen asked if Sonic did not
meet with neighborhood residents when it went into a new area. Mr. Huntington
responded that Sonic did not.
Ron Tabor, representing the property owner, spoke in support of the application.
John Schlereth, representing the property owner, stated the pre -1980 zoning of
the property allowed drive-in restaurants. He stated the homes on Edgerstoune
Lane were built with full knowledge of the commercial development along
Cantrell Road. Mr. Schlereth stated there were a theater and a private club in
the area that did create problems for the neighborhood. He stated Sonic would
not create any problems. Mr. Schlereth stated the City should encourage infill
redevelopment. He stated Sonic was developing the site to conform to City
regulations. Mr. Schlereth urged the Commission to "protect the City from well-
meaning but over -zealous planners." He stated it was difficult to do infill
redevelopment.
In response to a question from Commissioner Meyer, Jim Lawson gave a brief
history of the change in the City code that occurred in 1980. He stated a drive-in
was not an appropriate byright use in C-3. Mr. Lawson commented that no other
drive-ins, other than nonconforming drive-ins, were located adjacent to
residential properties.
Commissioner Meyer stated he was uncomfortable with not allowing a use that
this land owner could do prior to the code being changed. Deputy City Attorney
Steve Giles stated that was an appropriate argument to make 20 years ago.
In response to a question from Commissioner Floyd, Mr. Lawson stated the
applicant could have requested a higher zoning classification at the time of the
code conversion. He surmised that no change was requested because the use
of the property at that time, a dine -in restaurant, was permitted in C-3.
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February 20, 2003
ITEM NO.: 4 (Cont.) FILE NO.: Z -7270-A
Commissioner Lowry commented that situations change with time. He stated he
did not feel anything was being taken away from the applicant by not allowing a
drive-in.
Ruth Bell, of the League of Women Voters, spoke in opposition. She stated
traffic on Cantrell Road had increased with new office development in the area
and increased development further west. She asked the Commission to recall a
similar issue the Commission recently dealt with regarding a restaurant on
Rebsamen Park Road. That restaurant was creating problems for a nearby
neighborhood because of noise and lights.
Kathleen Oleson, also of the League of Women Voters spoke in opposition. She
cited the increased intensity of activity and traffic.
Max Brantley, of 3210 Edgestoune Lane, spoke in opposition. He refuted the
applicant's statement that staff concerns had not been raised in a timely manner.
He stated the City's Traffic Engineer had raised the issue early in the review
process. Mr. Brantley voiced concerns about litter, noise and traffic. He stated
the larger issue was the possible precedent that could be set by allowing a drive-
in to locate adjacent to a residential property. Mr. Brantley stated the site was
more appropriate for other commercial development.
Commissioner Stebbins asked how deep the residential lots were. Mr. Brantley
responded that the properties were 300± feet deep. Mr. Brantley stated there
was a "quirk" of the terrain that allowed sound to travel up the hill to the
residences.
Commissioner Lowry commented that he felt allowing a drive-in restaurant at this
location would change the nature of allowable commercial development in the
area.
Robin Mays, president of the Edgerstoune POA, spoke in opposition. She stated
the noise from the valley is clearly heard in the residences. Ms. Mays stated
most of the commercial use along this portion of Cantrell, with one or two
exceptions, were quiet. She stated the traffic pattern at the Sonic would be
different because of a larger number of young people frequenting the site.
Jim Lawson commented that most Sonic restaurants play music over their
speakers. He stated the Commission should address that issue.
Commissioner Stebbins stated the Commission had approved restaurants
abutting residential areas in the past; that there is a need for this service in this
area, that there would be no impact on the homes on Edgestoune; and this site
was not historically significant.
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February 20, 2003
ITEM NO.: 4 (Cont.
FILE NO.: Z -7270-A
Mr. Huntington stated Sonic could agree not to have outdoor music.
Commissioner Muse stated he appreciated Sonic agreeing to eliminate outdoor
music. He asked if Sonic would agree to eliminate the outdoor seating. Mr.
Huntington stated the outdoor seating was under a canopy but Sonic would
eliminate it if the Commission were to make that a condition.
Commissioner Meyer asked if the hours of operation could be condensed to
make them more palatable. Mr. Huntington responded that the restaurant could
close at 11:00 p.m. during summer months, not 12:00 midnight as originally
proposed.
Cory Roberts, of CEI Engineers, asked if staff had done studies to determine if
noise would be an issue or if traffic to the site would be higher than a dine -in
restaurant. Mr. Lawson responded that personal experience showed that to be
the case.
Commissioner Rahman stated all this "deal making" was inappropriate. He
stated the Commission needed to determine if this use was appropriate for this
site. He asked if there was a possibility of constructing a left turn lane on
Cantrell Road. Mike Hood, of Public Works, stated there was not enough room
for one at the present.
Commissioner Rahman stated he could see this as a case of making a situation
worse, not better, since traffic on Cantrell cannot be improved. He stated C-3
zoning allowed a wide variety of uses that are more compatible with the
neighborhood and better for traffic.
Commissioner Faust stated it was not an issue of Sonic being a bad neighbor;
that it was a question of whether the drive-in was an appropriate use for this
particular site.
Cory Roberts, of CEI Engineers, addressed the noise issue. He stated the noise
generated by the Sonic would not be heard above the noise already generated
by the traffic on Cantrell Road. He stated traffic generated by Sonic would be
similar to that generated by Steak and Ale. Mr. Roberts stated Sonic's studies
have shown their largest patron group does not include teenagers.
There was a discussion of the noise issue. Commissioner Floyd stated this area
formed a natural amphitheater, amplifying the noise.
A motion was made to approve the application as amended to reduce the
summer hours to 7:00 a.m. — 11:00 p.m., no outside/patio seating, no outside
music and including applicable staff comments in Sections 4, 5 and 6 of the
February 20, 2003
ITEM NO.: 4 (Cont.) FILE NO.: Z -7270-A
agenda. The vote was 5 ayes, 5 noes and 1 absent. The application was
denied.
CEI Engineering Associates, Inc.
Corporate Office: 3317 SW "I" Street • P.O. Box 1408 • Bentonville, AR 72712-1408 • (479) 273-9472 • (479) 273-0844
February 4, 2003
City of Little Rock
Little Rock Planning & Development
723 W. Markham
Little Rock, AR 72201
(501) 371-4790
ATTN: Dana Carney
Re: Sonic - 2917 Cantrell Road
Conditional Use Permit (Z -7270-A)
Dear Mr. Carney:
DISTRIBUTION:
NCR—> File
The following responses correspond with your comment letter dated January 30, 2003 and city staff
comments made during the Subdivision Committee meeting on January 30, 2003:
Planning Staff Comments:
1. The proposed building height will be 15' to parapet and 17' to vestibule.
2. Mechanical equipment has been located on the accompanying `Roof Plan'.
3. All sign details and specifications are attached herein.
4. There are typically 8 employees on shift during typical business hours.
5. The typical Sonic is open 7 days a week from 7 a.m. until 10 p.m., and from 7 a.m. until
midnight during summer months.
6. All site lighting is low-level aimed inward to the site. See accompanying details and
specifications.
7. Dumpster screening is an 8' tall solid wood plank screen for both the sides and front doors. See
accompanying detail.
8. There is no fencing proposed for this site (other than the 6' tall by 20' long wall adjacent to the
drive-thru order board). The existing retaining wall at the rear of the sight acts as fencing along
the rear of the property.
9. Sonic Corporation is currently seeking permission from the adjacent property owner of Lot 2 for
a 20' X 49' access easement located adjacent to the northeast corner of our property. This
easement boundary has been located and labeled on the Site Plan (Sheet C-1).
10. Regarding menu board speaker baffles and screen:
a. It is understood that each speaker must be mounted so that it is baffled on all sides in a
manner, which will direct sound produced to the vehicle served.
b. A 6' tall, 20' long solid wall has been located directly adjacent to the drive-thru order
speaker. (See Site Plan, Sheet C-1)
Bentonville, AR • Fresno, CA • St. Augustine, FL • Nashville, TN • Atlanta, GA 0 Dallas, TX • Wills Point, TX • Jasonville, IN • Scranton, PA
Variance/Waivers: None requested.
Public Works:
1. Dedication of a 45' right-of-way has been added to the civil drawings.
2. Proposed design of Cantrell Road has been revised to conform to the Master Street Plan. One-
half street improvements including 5 -foot sidewalks, extending turn lane across remainder of
property frontage and reconstructing driveway apron have been revised on the civil drawings.
3. A cross access easement has been located and labeled on the Site Plan (See Sheet C-1).
4. All driveways are concrete aprons per city ordinance.
5. Notes have been added to the Site Plan (Sheet C-1) stating that contractor shall repair or replace
any curb and gutter that is damaged in the public right-of-way and to contact Derrick Bergfield
for field verification.
6. It is understood that plans of all work in the right-of-way shall be submitted for approval prior to
start of work. A note has been added to the Site Plan (Sheet C-1) stating that the contractor
must obtain a barricade permit prior to doing any work in the right-of-way from the Traffic
Engineering Department.
7. It is understood that we must obtain permits for improvements within State Highway right-of-
way from AHTD, District VI.
Utilities and Fire Department/County Planning:
Wastewater: Sewer available, grease trap required for restaurant.
Entergy: No comments received.
Reliant: No comments received.
Southwestern Bell: Approved as submitted.
Water: There is existing water service to this site.
Fire Department: Approved as submitted.
County Plamu : No Comments.
CATA: No issues.
Planning Division: No Comments.
Landsca
The proposed street buffer has been revised to show the 13' minimum width average allowed by the
Zoning Ordinance and meets Landscape Ordinance requirements.
It is understood that 47% of the proposed land use buffer along the southern perimeter is located
within a dedicated utility easement. It is further understood that utility easements cannot count as
part of the land use buffer but can count toward fulfilling the Landscape Ordinance requirements.
Due to this existing condition, Sonic Corporation hereby requests approval from the Planning
Commission to accept this current condition. One reasons for this request is that the existing utility
easement lies directly parallel to an existing "20' Common Drive and Fire Lane Easement". In
order to allow for the 15' land use buffer, the existing drive and fire lane easement would have to be
abandoned. It is also beyond the feasible scope of construction to demolish the existing retaining
wall in that construction costs will go beyond the typical amount allotted for new Sonic
construction. In addition, by shifting the site layout to the North to include an addition 15' of land
use buffer, it would reduce the number of allowable customer parking spaces well below those
needed to justify a new store construction. It is also our opinion that since the adjacent topography
to the West is steeply sloped, thus deemed `unbuildable', that the adjacent 200' deep, plus or minus,
for a distance of 115', plus or minus, will remain densely wooded and undeveloped and provide an
adequate buffer to the residential neighborhood to the West. Photos of this existing condition have
been attached herein to further demonstrate our decision to request acceptance of the inadequate
land use buffer due to an existing utility easement.
A 4.5' landscape strip has been added to the employee parking lot to the west, directly adjacent to
Lot 6.
The width of the proposed landscape strip along the eastern perimeter has been revised to 6.7'.
The Landscape Plan has been revised so that there are no variances from the Landscape Ordinance
requirements; thus, no City Beautiful Commission approval will be necessary.
It is understood that requirements stated take into account the reduction allowed within the
designated mature area.
The recommendation of planting Leyland Cypress evergreen trees within the southern perimeter to
help screen the site from the residential property to the South has been taken into consideration.
However, it is our opinion that these trees will not provide any screening for the residential
neighborhood to the south since the houses are located some 80' higher, plus or minus, in elevation
from the elevation at which these trees would be planted. The mature height of a Leyland Cypress
is 60' to 70' so no actual screening would occur. In addition, there is an existing overhead electric
line and easement in the southern perimeter that would allow a 60'to70' tree.
It is understood and noted in the Landscape Plan that automatic pop-up irrigation is required.
Other: Four copies of civil drawings are enclosed herein.
If you have any questions, please do not hesitate to call.
Respectfully,
401*
N. Cory Roberts
Sonic Program Manager