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HomeMy WebLinkAboutZ-7596 Staff AnalysisMay 6, 2004 ITEM NO.: H FILE NO.: Z-7596 Owner: Holly Stevens Applicant: Terry Burruss Location: 5201 Asher Avenue (southwest corner of Asher Avenue and Anna Street) Area: 1.03 acres Request: Rezone from 1-2 to C-3 Purpose: Restaurant with bar and private club Existing Use: Restaurant with bar SURROUNDING LAND USE AND ZONING lj North — Mixture of commercial uses along Asher Avenue; zoned C-3 South — Single family residences, undeveloped property and industrial uses; zoned R-3 and 1-2 East — Mixture of commercial uses along Asher Avenue; zoned C-3, C-4, 1-2 and 1-3 West — Mixture of commercial uses along Asher Avenue and Mabelvale Pike; zoned C-3 and 1-2 PUBLIC WORKS COMMENTS: 1. Asher Avenue is classified on the Master Street Plan as a principal arterial. Dedication of right-of-way to 45 -feet from centerline (reduced cross section) will be required. 2. The proposed land use would classify Anna and 33rd Street on the Master Street Plan as a commercial streets. Dedicate right-of-way to 30 feet from centerline. B. PUBLIC TRANSPORTATION ELEMENT: The site is located on CATA Bus Route 14 (Rosedale Route), and near Route 17A (Mabelvale/UALR Route). May 6, 2004 ITEM NO.: H (Cont.) FILE NO.: Z-7596 C. PUBLIC NOTIFICATION: All property owners located within 200 feet of the site, all residents within 300 feet who could be identified, and the Curran -Conway, Midway and South of Asher Neighborhood Associations were notified of the public hearing. D. LAND USE ELEMENT: This request is located in the 1-630 Planning District. The Land Use Plan shows Commercial and Light Industrial for this property. The applicant has applied for C-3 General Commercial for a new addition to an existing restaurant. A Land Use Plan amendment is not required. The Light Industrial shown south of Asher Avenue was originally intended to encourage industrial development based on a corridor plan created by the Asher Corridor Steering Committee in early 2000. The committee recommended the current Land Use and Zoning designations show for the properties approved in October of 2000. The overall design of having Commercial Uses north of Asher, with Industrial Uses south is still valid. The area in question was changed to Light Industrial to encourage small scale industrial and Service Trades types of uses. Since the area was not vacant at the time of the Land Use and Zoning changes, any new development due to the changes would likely take time. The changes were approved within the past five years, the recommended Land Use and Zoning changes have not had sufficient time to result in the physical changes desired by the steering committee. This Zoning request would compromise the integrity of the Land Use Plan and Zoning changes recommended by the Asher Corridor Steering Committee. City Recognized Neighborhood Action Plan: The applicant's property lies in the area covered by the Oak Forest Neighborhood Action Plan. The Economic Development goal listed an action statement of promoting Asher Avenue as a viable commercial and service corridor. E. STAFF ANALYSIS: Holly Stevens, owner of the 1.03 acre property at 5201 Asher Avenue (southwest corner of Asher Avenue and Anna Street), is requesting to rezone the property from 1-2" Light Industrial District to "C-3" General Commercial District. The rezoning is proposed in order to operate a 2 May 6, 2004 ITEM NO.: H Cont. FILE NO.: Z-7596 restaurant with bar and private club. There is currently a restaurant with bar service (a permitted 1-2 use) being operated on the property. The property is occupied by a one-story commercial building located within the south half of the property. There is paved parking between the building and Asher Avenue. There are existing access drives from Asher Avenue and Anna Street. This general area along Asher Avenue is comprised of a mixture of commercial and industrial uses. There is a drive-in restaurant and motel west of the site, with various auto -related uses at the intersection of Asher Avenue and Fair Park Blvd. Other various commercial uses, including two (2) lumber yards, are located to the east and north (across Asher Avenue). Single family residences, undeveloped property and industrial uses are located to the south. The City's Future Land Use Plan designates this property as Commercial and Light Industrial. The proposed C-3 zoning does not require a change to the Land Use Plan. Staff is not supportive of the requested C-3 zoning. As noted in paragraph D. of this report, the C-3 zoning would compromise the integrity of the Land Use Plan and Zoning changes recommended by the Asher Corridor Steering Committee in 2000. The Committee recommended the current zoning and land use for this and surrounding properties in October of 2000. The south half of this property, (where the building is located), as well as the property to the east and south are shown as Light Industrial on the Future Land Use Plan. Staff believes this property should be utilized for permitted light industrial uses. Staff believes it is premature to make this type of Zoning change in the Asher Corridor area, until the area has a chance to develop as the steering committee envisioned in 2000. F. STAFF RECOMMENDATION: Staff recommends denial of the requested C-3 rezoning. PLANNING COMMISSION ACTION: (MARCH 25, 2004) Staff informed the Commission that the applicant submitted a letter requesting that the application be deferred to the May 6, 2004 agenda. Staff supported the deferral request. 3 May 6, 2004 ITEM NO.: H (Cont.) FILE NO.: Z-7595 The Chairman placed the item before the Commission for inclusion within the Consent Agenda for deferral to the May 6, 2004 agenda. A motion to that effect was made. The motion passed by a vote of 10 ayes, 0 nays and 1 absent. The application was deferred. PLANNING COMMISSION ACTION: (MAY 6, 2004) Staff informed the Commission that the applicant submitted a letter requesting that the application be withdrawn. Staff supported the withdrawal request. The Chairman placed the item before the Commission for inclusion within the Consent Agenda for withdrawal. A motion to that effect was made. The motion passed by a vote of 11 ayes and 0 nays. The application was withdrawn. 4 March 25, 2004 ITEM NO.: 11 FILE NO.: Z-7596 Owner: Holly Stevens Applicant: Terry Burruss Location: 5201 Asher Avenue (southwest corner of Asher Avenue and Anna Street) Area: 1.03 acres Request: Rezone from 1-2 to C-3 Purpose: Restaurant with bar and private club Existing Use: Restaurant with bar SURROUNDING LAND USE AND ZONING North — Mixture of commercial uses along Asher Avenue; zoned C-3 South - Single family residences, undeveloped property and industrial uses; zoned R-3 and 1-2 East — Mixture of commercial uses along Asher Avenue; zoned C-3, C-4, 1-2 and 1-3 West — Mixture of commercial uses along Asher Avenue and Mabelvale Pike; zoned C-3 and 1-2 A. PUBLIC WORKS COMMENTS: 1. Asher Avenue is classified on the Master Street Plan as a principal arterial. Dedication of right-of-way to 45 -feet from centerline (reduced cross section) will be required. 2. The proposed land use would classify Anna and 33rd Street on the Master Street Plan as a commercial streets. Dedicate right-of-way to 30 feet from centerline. B. PUBLIC TRANSPORTATION ELEMENT: The site is located on CATA Bus Route 14 (Rosedale Route), and near Route 17A (Mabelvale/UALR Route). March 25, 2004 ITEM NO.: 11 Cont.) FILE NO.: Z-7596 C. PUBLIC NOTIFICATION: All property owners located within 200 feet of the site, all residents within 300 feet who could be identified, and the Curran -Conway, Midway and South of Asher Neighborhood Associations were notified of the public hearing. D. LAND USE ELEMENT: This request is located in the 1-630 Planning District. The Land Use Plan shows Commercial and Light Industrial for this property. The applicant has applied for C-3 General Commercial for a new addition to an existing restaurant. A Land Use Plan amendment is not required. The Light Industrial shown south of Asher Avenue was originally intended to encourage industrial development based on a corridor plan created by the Asher Corridor Steering Committee in early 2000. The committee recommended the current Land Use and Zoning designations show for the properties approved in October of 2000. The overall design of having Commercial Uses north of Asher, with Industrial Uses south is still valid. The area in question was changed to Light Industrial to encourage small scale industrial and Service Trades types of uses. Since the area was not vacant at the time of the Land Use and Zoning changes, any new development due to the changes would likely take time. The changes were approved within the past five years, the recommended Land Use and Zoning changes have not had sufficient time to result in the physical changes desired by the steering committee. This Zoning request would compromise the integrity of the Land Use Plan and Zoning changes recommended by the Asher Corridor Steering Committee. City Recognized Neighborhood Action Plan: - The applicant's property lies in the area covered by the Oak Forest Neighborhood Action Plan. The Economic Development goal listed an action statement of promoting Asher Avenue as a viable commercial and service corridor. E. STAFF ANALYSIS: Holly Stevens, owner of the 1.03 acre property at 5201 Asher Avenue (southwest corner of Asher Avenue and Anna Street), is requesting to rezone the property from "1-2" Light Industrial District to "C-3" General Commercial District. The rezoning is proposed in order to operate a 2 March 25, 2004 ITEM NO.: 11 Cont. FILE NO.: Z-7596 restaurant with bar and private club. There is currently a restaurant with bar service (a permitted 1-2 use) being operated on the property. The property is occupied by a one-story commercial building located within the south half of the property. There is paved parking between the building and Asher Avenue. There are existing access drives from Asher Avenue and Anna Street. This general area along Asher Avenue is comprised of a mixture of commercial and industrial uses. There is a..drive-in restaurant and motel west of the site, with various auto -related uses at the intersection of Asher Avenue and Fair Park Blvd. Other various commercial uses, including two (2) lumber yards, are located to the east and north (across Asher Avenue). Single family residences, undeveloped property and industrial uses are located to the south. The City's Future Land Use Plan designates this property as Commercial and Light Industrial. The proposed C-3 zoning does not require a change to the Land Use Plan. Staff is not supportive of the requested C-3 zoning. As noted in paragraph D. of this report, the C-3 zoning would compromise the integrity of the Land Use Plan and Zoning changes recommended by the Asher Corridor Steering Committee in 2000. The Committee recommended the current zoning and land use for this and surrounding properties in October of 2000. The south half of this property, (where the building is located), as well as the property to the east and south are shown as Light Industrial on the Future Land Use Plan. Staff believes this property should be utilized for permitted light industrial uses. Staff believes it is premature to make this type of Zoning change in the Asher Corridor area, until the area has a chance to develop as the steering committee envisioned in 2000. F. STAFF RECOMMENDATION: Staff recommends denial of the requested C-3 rezoning. PLANNING COMMISSION ACTION: (MARCH 25, 2004) Staff informed the Commission that the applicant submitted a letter requesting that the application be deferred to the May 6, 2004 agenda. Staff supported the deferral request. 3 March 25, 2004 ITEM NO.: 11 (C FILE NO.: Z-7596 The Chairman placed the item before the Commission for inclusion within the Consent Agenda for deferral to the May 6, 2004 agenda. A motion to that effect was made. The motion passed by a vote of 10 ayes, 0 nays and 1 absent. The application was deferred. 4 FILE NO.: Z-6966, Z-6967, Z-6968 Applicant: Property Owners and the Asher Corridor Committee Location: Asher Avenue area Request: Rezonings from Various to Various STAFF REPORT As part of the review- of the Oak Forest and Stephens Neighborhood Areas during the neighborhood planning process, the two steering committees agreed to allow the Asher Corridor Committee to create a plan along the corridor. This committee is made up of approximately 40 property owners, business owners and developers. Early in the year 2000 the Planning Commission had a rezoning request before them along the Asher Corridor. The Planning Commission asked the Asher Corridor Committee to make a recommendation on the rezoning request and also asked if the committee could review the land use plan and the zoning classifications along Asher. The Asher Corridor Committees goals were to recognize existing uses and to confine Industrial uses to the south side of Asher whenever possible. The Asher Corridor Committee developed a set of Land Use Plan changes that more accurately reflected the existing land uses and their goals. The changes were scattered along Asher Avenue between University and the Asher/Roosevelt split. In August 2000 the Planning Commission approved these changes, and the Board of Directors approved them in October 2000. In November 2000 the Asher Corridor Committee reviewed the zoning patterns along Asher. Staff identified property owners in the Asher Avenue area using Pulaski County Assessor records. One hundred and seventy-four potential rezoning letters were sent to property owners by certified mail explaining the Zoning changes and requesting a response if they were interested in rezoning their property. Included in this certified mailing was a business reply envelope for the property owner to return a response. Staff received the following requests from the property owners to rezone their properties: � J ITEM NO.: 17 1�Lr FILE NO.: Z -7596-A 1 NAME: Holly's Restaurant Short -form PD -C J� 4 LOCATION: 5201 Asher Avenue r� Planning Staff Comments: �1. Provide notification of property owners located within 200 -feet of the site, complete ith the certified abstract list, notice form with affidavit executed and proof of ailing. 2. he cover letter indicates parking will be provided across Anna Street but the area is not shown on the proposed site plan. Will parking be developed on the vacant lot and will the parking be utilized by the applicant? 3. Provide details concerning any proposed signage (height/area/location). 4. Will there be a dumpster located on the site? If so indicate the Icotion along with a note concerning the required screening. 5. Provide the days and hours of operation. 6. Provide information concerning the location of the call box for the proposed drive through window (location/screening). 7. Provide the total square footage of the existing building. ariance/Waivers: None requested. Public Works - 1 . orks: 1. Asher Avenue is classified on the Master Street Plan as a principal arterial. Dedication of right-of-way 45 -feet from centerline (reduced cross section) will be required. 2. The proposed land use would classify Anna Street on the Master Street Plan as a commercial street. Dedication of right-of-way 30 -feet from centerline will be required. 3. With future construction, sidewalks with appropriate handicap ramps will be required to meet Master Street Plan requirements. 4. Storm water detention ordinance applies to the property. The project would qualify for a contribution in -lieu of construction at the time of building permit. Utilities and Fire Department/County Planning: Wastewater: Existing sewer main located on the site. Relocation required at Developer's expense if proposed restaurant addition conflicts with the existing sewer main. Contact Little Rock Wastewater Utility at 688-1414 for additional information. Entergy: No comment received. Center -Point Ener : Approved as submitted. SBC: No comment received. Central Arkansas Water: Contact Central Arkansas Water if larger and/or additional water meter(s) are required. 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. Plannin_. Division: This request is located in the 1-630 Planning District. The Land Use Plan shows Commercial and Industrial for this property. The applicant has applied for a Planned Commercial Development for a restaurant bar and grill. The proposal does not have a significant impact on the Land Use Plan, which would necessitate a Plan Amendment. PiN Recognized Neighborhood Action Plan: The applicant's property lies in the area covered by the Oak Forrest Neighborhood Action Plan. The Community Image Goal states: To foster neighborhood pride and to improve the neighborhood's image. An objective of that goal is to: Review Land Use Plan and existing zoning to ensure compatibility with neighborhood goals. Another goal, the Economic Development Goal states: To create a healthy economic climate that encourages investment, reinvestment, and diversity of employment opportunities. An objective of that goal is to: Provide more neighborhood oriented commercial services for �` f re idem . n r Landscape: An upgrade in landscaping based on the percentage of building expansion roposed (46 percent) will be required. Because this site is located within th hated mature area of the City, the upgrade requirement toward full compliance with the Landscape Ordinance may be reduced from 46 percent to 34 percent. If new paved areas are to be provided, then a minimum perimeter on-site landscape strip of six -feet nine -inches in width will be required where adjacent to the western perimeter. This takes 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, May 19, 2004.