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HomeMy WebLinkAboutZ-7531 Staff AnalysisDecember 4, 2003 ITEM NO.: 23.1 NAME: Griffin Short -form PCD LOCATION: 2512 Center Street DEVELOPER: Nat L. Conway 6605 Sterling Drive Little Rock, AR 72204 FNC;INFFR- Dee Wilson Surveying 2523 North Willow North Little Rock, AR 72114 AREA: 0.16 Acres NUMBER OF LOTS: 1 FT. NEW STREET: 0 CURRENT ZONING: R-4, Two-family District ALLOWED USES: Duplex PROPOSED ZONING: PD -C PROPOSED USE: Cafe FILE NO.: Z-7531 VARIANCES/WAIVERS REQUESTED: Waiver of the hard surface parking area. A. PROPOSAUREQUEST: The applicant proposes to rezone the site from R-4 to PD -C to allow the construction of a cafe on the site. A non -conforming cafe was located on the site December 4, 2003 SUBDIVISION ITEM NO.: 23.1 (Cont. FILE NO and was destroyed by fire several years ago. The applicant has indicated a desire to reconstruct the building. The proposed building is 4200 square feet and will have a bar area, kitchen and a seating capacity of 50 customers. The applicant has indicated the placement of seven (7) on-site parking spaces. The applicant is requesting a waiver of the requirement to install a hard surface parking area. The applicant is also requesting a reduction in the required land use buffer per the zoning ordinance. The proposal includes a landscape strip of five (5) feet. The typical minimum required land use buffer is six (6) feet nine (9) inches. B. EXISTING CONDITIONS: The site is vacant as is the area to the area to the south of the site. On Center Street between Roosevelt Road and 26th Street there are only three structures. Two of the structures are occupied as single-family homes and the third has been boarded for security proposes. To the west of the site there are six single- family homes in the same block area all of which are occupied. Other uses in the area included non-residential uses along Roosevelt Road with the Big Apple Shopping Center located at the intersection of Roosevelt Road and Broadway. There is a vacant commercial building which once housed a restaurant on the northwest corner of Roosevelt Road and Center Street. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has received several informational phone calls concerning the proposed development. The Downtown Neighborhood Association, the East of Broadway Neighborhood Association, all residents located within 300 -feet of the site who could be identified and all property owners located within 200 -feet of the site were notified of the public hearing. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: 1. Repair or replace any curb and gutter or sidewalk that is damaged in the public right-of-way prior to occupancy. 2. Show parking layout that will use alley access. Alley may have to be improved to provide adequate access. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer available, grease trap required. Contact the Little Rock Wastewater Utility at 688-1414 for additional details. 1 December 4, 2003 SUBDIVISION ITEM NO.: 23.1 (Cont.) FILE NO.: Z-7531 Entergy: No comment received. Center -Point Energy: Approved as submitted. SBC: No comment received. Central Arkansas Water: Due to the nature of this facility, installation of an approved reduced pressure zone backflow preventer assembly (RPZA) is required on the domestic water service. This assembly must be installed prior to the first point of use. Central Arkansas Water (CAW) requires that upon installation of the RPZA, successful tests of the assembly must be completed by a Certified Assembly Tester licensed by the State of Arkansas and approved by CAW. The test results must be sent to CAW's Cross Connection Section within ten days of installation and annually thereafter. Contact Carroll Keatts at 992-2431 if you would like to discuss backflow prevention requirements for this project. Contact Central Arkansas Water at 992-2438 for additional details. Fire Department: Approved as submitted. County Planning: No comment received. CATA: No comment received. F. ISSUES/TECHNICAUDESIGN: Planning Division: This request is located in the Central City Planning District. The Land Use Plan shows Single Family for this property. The applicant has applied for a Planned Commercial Development to rebuild a cafe. A land use plan amendment for a change to Mixed Use is a separate item on this agenda (Item # 23 — File No. LU03-08-02). Landscape: The proposed structure encroaches into the minimum six (6) foot nine (9) inch wide land use buffer area along the northern and southern perimeters. Additionally, the proposed parking area must provide for the minimum six (6) foot nine (9) inch wide landscape buffers along the northern and southern perimeters required by both the landscape and zoning ordinances. A six (6) foot high opaque screen, either a wooden fence with its face side directed outward, a wall, or dense evergreen plantings, is required along the northern and southern perimeters of the site. 41 December 4, 2003 SUBDIVISION ITEM NO.: 23.1 Cont. FILE NO.: Z-7531 These requirements take into account the reductions allowed within the designated mature area. City Recognized Nei-ghborhood Action Plan: The applicant's property is located in an area covered by the South End Area Improvement Plan "A Neighborhood Action Plan". The Office and Commercial Development Goal lists an action statement of encouraging more restaurants to locate in the area. G. SUBDIVISION COMMITTEE COMMENT: (November 6, 2003) Mr. Nat L. Griffin was present representing the request. Staff briefly described the proposed development indicating the request was to reconstruct a cafe, which was destroyed by fire. Staff stated the use had functioned as a non- conforming use prior to being destroyed. Staff requested Mr. Griffin provide additional information with regard to days and hours of operation, the estimated number of employees and the seating capacity of the restaurant. Staff also stated the parking area should be constructed of a hard surface material or a waiver be requested from the Commission to allow a gravel parking area. Public Works comments were addressed. Staff requested the applicant provide the proposed parking layout and access. Staff stated the alley may have to be improved to provide adequate access to the site. Landscaping comments were addressed. Staff stated the proposed site plan did not meet the minimum required landscaping strips per the zoning ordinance or the landscape ordinance. Staff suggested the applicant meet with them to resolve address this issue. There being no further items for discussion, the Committee then forwarded the item to the full Commission for final action. H. ANALYSIS: The applicant submitted a revised plan to staff addressing most of the issues raised at the November 6, 2003 Subdivision Committee meeting. The applicant has indicated seven on-site parking spaces and a landscape strip of five feet along the north and south property lines. The proposed building is 4200 square feet and will have a bar area, kitchen and a seating capacity of 50 customers. The applicant has indicated the placement of seven (7) on-site parking spaces. The typical minimum required parking for a restaurant of this size would be 42 parking spaces. The applicant has indicated over -flow parking could be on the street. For commercially zoned sites, staff does not allow street parking to count toward fulfilling the minimum required 4 December 4, 2003 SUBDIVISION NO.: 23.1 (Cont. FILE NO.: Z-7531 parking. Based on previous experience with restaurants/bar establishments staff feels the proposed parking is no where near adequate to meet the typical parking demand. The applicant is requesting a waiver of the requirement to install a hard surface parking area. The zoning ordinance requires all parking areas to be constructed of a hard surface material. The applicant has indicated cross ties to contain the gravel to serve as the parking material. Staff is not supportive of the waiver of the hard surface parking area. Even with containment gravel tends to track on to city rights-of-way and the parking area tends to deteriorate. Staff would recommend the parking be constructed as required per the zoning ordinance or of a hard surface material. The applicant is also requesting a reduction in the required land use buffer per the zoning ordinance. Both the zoning ordinance and the landscape ordinance require a minimum landscape strip along the northern and southern perimeters of six feet nine includes. The proposal only includes a landscape strip of five (5) feet. Staff is not supportive of the reduced landscape strip. The adjoining properties are zoned residentially and the increased landscaping is necessary to screen the adjoining properties should they redevelop as residential units. The applicant has not indicated improvements to the alley. The existing alley indicates a 20 -foot right-of-way but the alley appears to be only 10 -feet of pavement. In addition the alley is broken in places and needs to be repair if the alley is going to serve as access to the applicant's parking lot. Staff is not supportive of this request. Staff feels the proposed development is too intense and does not meet the minimum requirements of the existing ordinances. Staff feels the applicant is trying to overbuild the site. There are single-family homes located to the west of the site. These homes also access the alleyway the applicant intends utilize to access the parking area. In addition, the site is located in the heart of a single-family neighborhood, which is very fragile and if measures are not taken to preserve the neighborhood, deterioration will continue. The site is located near Roosevelt Road where there is abundant vacant property, which could be developed as a commercial use. The site is located in an area where there are a number of vacant homes and vacant lots but not three blocks from this site on Center Street there are new homes currently under construction. Staff feels to allow this development to locate on the site would further erode the neighborhood and halt future development of single-family homes. I. STAFF RECOMMENDATION: Staff recommends denial of the request to rezone the site from single-family to Planned Commercial Development. 5 December 4, 2003 SUBDIVISION ITEM NO.: 23.1 (Cont. LE NO.: Z-753 PLANNING COMMISSION ACTION: (DECEMBER 4, 2003) Mr. Nat Conway was present representing the request. There were registered objectors present. Staff made a brief presentation to the Commission concerning Items #23 (the Future Land Use Plan Amendment) and Item #23.1 (the rezoning request). See Item #23 for a complete discussion concerning the Future Land Use Plan Amendment. Ms. Mary Alford of the Meadowbrook Neighborhood Association addressed the Commission in opposition of the item. She stated there was less traffic in the neighborhood since the restaurant/club had closed. Mr. Ricky Dawson addressed the Commission in opposition of the application. He stated his residence was across Center Street from the club. He stated there was litter and trash generated by the customers of the club and left in his yard. Ms. Deborah Dawson stated she also lived across the street and from the club and was opposed to the application. She stated customers would park in the middle of the street when the club was operational and back up traffic. Ms. Charlotte Lockhart stated she lived at East 28th Street and Center Street and was opposed to the application. She stated that she had built a new house and the traffic forced her to take Main Street to go to her house instead of coming straight down Center Street. Mr. Nat Conway, the applicant, addressed the Commission on the merits of the application. He stated the business had been there since 1942. He stated there were trash problems, prostitutes in the neighborhood, crack houses nearby and the boarded up houses. He stated the new construction would be a positive to the neighborhood. Commissioner Allen asked the applicant to describe how the business would be an asset to the neighborhood. Mr. Conway responded that it would be a new building and provided a place for people to go for food and entertainment. Commissioner Lowry questioned the loud music in the street. Mr. Conway responded that he had no control over what happed in the street. He stated that he has worked with the Police Department on different occasions, but had not been able to stop the loitering. Commissioner Mizan asked how long he had been operating the business. Mr. Conway stated since 1981. Commissioner Mizan asked if he could relocate somewhere in the area. Mr. Conway stated that he owned that property and to relocate would require him to purchase property and possibly request zoning for the new site also. D December 4, 2003 SUBDIVISION ITEM NO.: 23.1 (Cont. FILE NO.: Z-7531 Commissioner Williams asked the hours of operation. Mr. Conway stated from 11 am or 12 pm until 10 pm. Jim Lawson, Director of Planning, stated that Donna James, Dana Carney and he were part of a team that boarded houses earlier in the year with the Housing Department in an effort to curb vandalism in the area. He stated that the area had seen reinvestment in the recent past. Mr. Lawson stated the restaurant/club could possibly kill the new home construction in the area. Commissioner Meyer commented about the lack of parking proposed with the application. A motion was made to approve the rezoning request as presented. The motion failed by a vote of 0 ayes, 11 noes, and 0 absent. 7 ITEM NO.: 23.1 FILE NO.: Z-7531 NAME: Griffin Short -form PCD \� LOCATION: 2512 Center Street Planning Staff Comments: 1. Provide notification of property owners located within 200 -feet of the site, complete with the certified abstract list, notice form with affidavit executed and proof of mailing. 2. Provide details concerning the proposed parking (location of parking stalls). All parking areas must be constructed of a hard surface material. 3. Provide details concerning any proposed signage (height/area/location). 4. Any site lighting must be low-level and directional, directed away from residentially zoned property. 5. Will there be any fencing as a part of the development. If so provide details (height/area/location). 6. Provide the days and hours of operation of the proposed development. 7. Provide the seating capacity of the proposed restaurant. 8. Will there be any outdoor activity as a part of the development? Variance/Waivers: 1. None reques#ed. �'\A r, J Public Works: 1. Repair or replace any curb and gutter or sidewalk that is damaged in the public right-of-way prior to occupancy. 2. Show parking layout that will use alley access. Alley may have to be improved to provide adequate access. Utilities and Fire Department/County Planning: Wastewater: Sewer available, grease trap required Utility at 688-1414 for additional details. Entergy: No comment received. Center -Point Energy: Approved as submitted. SBC: No comment received. Contact the Little Rock Wastewater Central Arkansas Water: Due to the nature of this facility, installation of an approved reduced pressure zone backflow preventer assembly (RPZA) is required on the domestic water service. This assembly must be installed prior to the first point of use. Central Arkansas Water (CAW) requires that upon installation of the RPZA, successful tests of the assembly must be completed by a Certified Assembly Tester licensed by the State of Arkansas and approved by CAW. The test results must be sent to CAW s Cross Connection Section within ten days of installation and annually thereafter. Contact Carroll Keatts at 992-2431 if you would like to discuss backflow prevention requirements for this project. Fire Department: Approved as submitted. County Planning: No comment received. CATA: No comment received. Planning Division: This request is located in the Central City Planning District. The Land Use Plan shows Single Family for this property. The applicant has applied for a Planned Commercial Development to rebuild a cafe. A land use plan amendment for a change to Mixed Use is a separate item on this agenda (Item # 23 — File No. LU03-08-02). Landscape; The proposed structure encroaches into the minimum six (6) foot nine (9) inch wide land use buffer area along the northern and southern perimeters. Additionally, the proposed parking area must provide for the minimum six (6) foot nine (9) inch wide landscape buffers along the northern and southern perimeters required by both the landscape and zoning ordinances. A six (6) foot high opaque screen, either a wooden fence with its face side directed outward, a wall, or dense evergreen plantings, is required along the northern and southern perimeters of the site. These requirements take into account the reductions allowed within the designated mature area. Revised plat/plan. Submit four (4) copies of a revised preliminary plan (to include the additional information as noted above) to staff on Wednesday, November 12, 2003.