Loading...
HomeMy WebLinkAboutZ-8056 Staff AnalysisAugust 3, 2006 NAME: Sonic Restaurant — John Barrow Road Short -form PCD LOCATION: Located at 1619 John Barrow Road DEVELOPER: Sonic Corporation 300 Johnny Bench Drive Oklahoma City, OK 73104 ENGINEER: CEI Engineering Ross Merking 3317 S.W. "I" Street Bentonville, AR 72712 AREA: 5 acres CURRENT ZONING ALLOWED USES: PROPOSED ZONING: PROPOSED USE NUMBER OF LOTS: 2 0-3, General Office District FILE NO.: Z-8056 F -r. NEW STREET: 0 LF General and Professional Office Uses PCD and 0-3, General Office District Drive-in restaurant and Future development VARIANCESANAIVERS REQUESTED: None requested. A. PROPOSAL: The request is to rezone approximately one (1) acre of this five (5) acre lot from 0-2 to PCD to allow the creation of a separate lot for the development of a restaurant with drive-in facilities. The proposal includes the construction of a 1,557 square foot Sonic Restaurant. The facility is proposed with outdoor dining consisting of eight to ten tables located along the street side of the building. The site plan also includes the placement of twenty (20) drive-in stalls along the south side of the building in two (2) locations each covered with a canopy. Seven parking spaces have been indicated on the site plan with six parking spaces indicated for future development. August 3, 2006 ITEM NO.: E.1 [Cont.] FILE NO.: Z-8050 B. EXISTING CONDITIONS: The site is a part of a larger five acre lot which is wooded with the property to the north sloping from north to south. This portion of the site is comparatively flat related to the overall site. There is a church located to the south. Of the overall larger tract the areas to the north and east are not a part of the current application request and will remain undeveloped and wooded. A preliminary plat will subdivide the five acres, creating a one acre lot for the proposed Sonic Restaurant. There is a multi -family development located to the east and commercial uses located to the north of the large tract. Across John Barrow Road is also a multi -family development. C. NEIGHBORHOOD COMMENTS: As of this writing, Staff has received several informational phone calls from area residents, many indicating support of the request. The John Barrow Neighborhood Association, the Brownwood Terrace Neighborhood Association, the Penbrook/Clover Hill Property Owners Association, all residents who could be identified located within 300 feet of the site and all property owners located within 200 -feet of the site were notified of the Public Hearing. D. ENGINEERING COMMENTS: Public Works: 1. John Barrow is classified on the Master Street Plan as a minor arterial. A dedication of right-of-way 45 feet from centerline will be required. 2. All driveways shall be concrete aprons per City Ordinance. 3. Repair or replace any curb and gutter or sidewalk that is damaged in the public right-of-way prior to occupancy. 4. 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). 5. A grading permit in accordance with Section 29-186 (c) and (d) will be required prior to any land clearing or grading activities at the site. Site grading, and drainage plans will need to be submitted and approved prior to the start of construction. 6. Storm water detention ordinance applies to this property. Show the proposed location for storm water detention facilities on the plan. 7. If disturbed area is one (1) or more acres, obtain a NPDES storm water permit from the Arkansas Department of Environmental Quality prior to the start of construction. 8. Per City code, crossover lane must be relocated at least 75 feet from right- of-way line. 2 August 3, 2006 ITEM NO.. E.1 (Cont. FILE NO.: Z-8056 9. Obtain permits prior to doing any street cuts or curb cuts. Obtain barricade permit prior to doing any work in the right-of-way. Contact Traffic Engineering at (501) 379-1817 (Derrick Bergfield) for more information. 10. Driveway locations and widths do not meet the traffic access and circulation requirements of Sections 30-43 and 31-210. The width of driveway must not exceed 36 feet. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer available on west side of John Barrow Road, Contact Little Rock Wastewater Utility at 688-1414 for additional information. Entergy: No comment received. Center -Point Energy: No comment received. SBC: No comment received. Central Arkansas Water: SHOULD BE ODD NUMBER ADDRESS. All Central Arkansas Water requirements in effect at the time of request for water service must be met. Additional fire hydrant(s) will be required. Contact the Little Rock Fire Department to obtain information regarding the required placement of the hydrant(s) and contact Central Arkansas Water regarding procedures for installation of the hydrant(s). A water main extension may be required. This development will have minor impact on the existing water distribution system. Proposed water facilities will be sized to provide adequate pressure and fire protection. Fire Department: Approved as submitted. County Planning: No comment. CATH: The site is not located on a dedicated CATA Bus Route. F. ISSUES/TECHNICAL/DESIGN: Planning Division: This request is located in the Boyle Park Planning District. The Land Use Plan shows Office for this property. The applicant has applied for a Planned Commercial District for a restaurant. A land use plan amendment for a change to Commercial is a separate item on this agenda. Master Street Plan: John Barrow Road is shown as an Arterial on the plan. An Arterial functions to move traffic through and around the urban area or from activity centers to the Arterial system. They are not intended to provide access to adjacent land. Right-of-way and street improvements may need to be made at 3 August 3, 2006 ITEM NO.: EA (Cont. the time of development. FILE NO.: Z-8056 Bicycle Plan: The Little Rock Bike Plan does not show any bike routes adjacent to the site. The closest Bike Route is a Class II Route along 28th Street to the south. City Recognized Neighborhood Action Plan: The site is in the John Barrow Neighborhoods Plan Area. The Plan calls for creation of a development climate in the John Barrow Neighborhood Area that would attract job -generating businesses. The Plan also calls for development design standards, but does not specifically recommend any other than to state that traffic and pedestrian flows should be improved and efficient. Landscape: 1. Compliance with the City's Landscape and Buffer Ordinances is required. 2. An automatic irrigation system to water landscaped areas will be required. 3. An average of eighteen -foot (18) wide land use buffer is required to separate this proposed development from the residentially zoned property on the eastern perimeter of the site. Seventy percent (70%) of these buffers are to remain undisturbed. Easements cannot count toward fulfilling this requirement. 4. An average of nine -foot (9) wide land use buffer is required to separate this proposed development from the residentially zoned property on the southern perimeter of the site. Seventy percent (70%) of these buffers are to remain undisturbed. Easements cannot count toward fulfilling this requirement. 5. The property to the south and the east is zoned residential, therefore, 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 southern and eastern perimeters of the site. G. SUBDIVISION COMMITTEE COMMENT: (June 1, 2006) The applicant was present representing the request. Staff presented an overview of the proposed development indicating there were additional items necessary to complete the review process. Staff requested the applicant provide the days and hours of operation and the proposed hours of the indicated dumpster service. Staff also requested the applicant provide the total percentage of building coverage, the total area designated to landscaping and the total area covered with parking. 0 August 3, 2006 ITEM NO.: E.1 (Cont.) FILE NO.: Z-8056 Public Works comments were addressed. Staff stated the proposed driveway was a concern. Staff stated based on the design of the driveway proper turning movements were not allowed. Staff stated they felt this could potentially cause conflicting traffic movements on the site as well as the adjoining property. Staff also stated the width of the driveway should not exceed 36 -feet in width. Landscaping comments were addressed. Staff stated compliance with the City's Landscape and Buffer Ordinance was required. Staff stated buffering would be required along the southern perimeter where abutting residentially zoned property. Staff stated a minimum of seventy (70) percent of this buffer area was to remain undisturbed. The applicant questioned if a variance could be sought to allow grading within the buffer area. Staff stated the Planning Commission as a part of the approval process could approve the request. Staff noted comments from the various other reporting departments and agencies suggesting the applicant contact them directly for additional information and clarification. There was no further discussion of the item. The Committee then forwarded the item to the full Commission for final action. IC�_1►MAI WIM6.1 The applicant submitted a revised site plan to staff addressing most of the issues raised at the June 1, 2006, Subdivision Committee meeting. The applicant has indicated the days and hours of operation, the proposed hours of the indicated dumpster service, the total percentage of building coverage, the total area designated to landscaping and the total area covered with parking. The driveway has also been extended to facilitate traffic movement with the site located to the north, when developed. The hours of operation are Sunday through Thursday from 6 am to 12 am and Friday and Saturday from 6 am to 2 am. The dumpster hours of service are indicated from 6 am to 12 am daily. The total site is 43,486 square feet and the building will consume 1,557 square feet. The total area designated for paving is 23,258 square feet and the area designated for landscaping is 18,671 square feet. A total of 840 square feet of outdoor dining is proposed. The site indicates the placement of twenty (20) drive-in stalls and seven (7) surface parking stalls. A second phase indicates the addition of six (6) surface parking stalls should additional parking become necessary. The 840 square feet of outdoor dining requires eight on-site parking spaces. The proposed Phase II parking must be constructed with the Phase I portion of the development to provide parking for employees and the outdoor dining area. The applicant has indicated shrubs will be planted along the southern property line to assist in providing a noise barrier between the adjoining church and the 5 August 3, 2006 ITEM NO.: E.1 lC NO.: Z-8056 new restaurant. The volume of music will be lower during church service and according to the applicant the gymnasium is located adjacent to the restaurant which will also act as a sound barrier. A single pylon sign is proposed in the front yard area not to exceed 36 -feet in height and 110 square feet in area. Building signage is proposed along the front of the building not to exceed 18 -square feet in area. The indicated signage is consistent with signage typically allowed in commercial zones. The site plan indicates an automatic irrigation system will be installed to water landscaped areas and plant materials will be installed per minimum ordinance requirements. The applicant is requesting to grade the entire southern perimeter of the site removing the required 70 percent undisturbed buffer. A retaining wall is required in this location and the removal of the buffer is necessary to allow reasonable grading and to allow proper drainage for the site. The site plan indicates a 12.5 foot setback from the paving to the property line in this area. According to the applicant shifting the building to the north to allow the required buffer is not an option due to increased grades along the northern perimeter. Staff is supportive of this request. The revised plan extends the drive from John Barrow Road to allow the crossover point at 75 -feet. According to the applicant this will facilitate traffic movements within the site and allow for reduced conflicts when the site to the north is developed. The proposal includes the subdivision of this existing lot to allow a four acre parcel and a one acre parcel. The four acre parcel will be maintained by the current owners with the one acre parcel being sold to the potential restaurant developers. Staff is supportive of this request. The indicated lots sizes are more than adequate to meet the typical minimum standards for office and commercial zoned property. Staff recommends the applicant provide the required platting documentation to staff within 60 days of approval by the Board of Directors. Staff is supportive of the applicant's request. Staff feels the applicant has done a good job in minimizing the impacts of the proposed development on adjoining properties. Although the site plan indicates the removal of the required buffer along the southern perimeter the applicant has indicated the buffer will be replanted with shrubs and trees to protect the adjoining church property. The applicant has also indicated the new restaurant will be sensitive to the adjoining church and their activities by reducing the volume of their music during church services and activities. To staff's knowledge there are no outstanding issues associated with the request. Staff feels the proposed development will be an asset to the community and should have minimal impact on the adjoining properties. [: August 3, 2006 ITEM NO.: E.1 Cont. FILE NO.: Z-8056 STAFF RECOMMENDATIONS: Staff recommends approval of the requested preliminary plat and proposed PCD for Sonic Restaurant subject to compliance with the following conditions: 1. Comments and conditions as outlined in paragraphs D, E, F and H of the above agenda staff report. 2. All parking including the Phase II parking must be constructed in Phase I. 3. The applicant lower the volume of outdoor music played through the speaker system during church service and church events. 4. Staff recommends the applicant provide the required platting documentation to staff within 60 days of approval by the Board of Directors. PLANNING COMMISSION ACTION: (JUNE 22, 2006) The applicant was present representing the request. There were registered objectors present. Staff presented the item indicating the applicant was requesting a deferral of the item to the July 6, 2006, public hearing. Staff stated the deferral request would require a waiver of the Commission's By-laws with regard to the late deferral request. Staff stated they were supportive of the deferral request. There was no further discussion of the item. A motion was made to approve the By-law waiver. The motion carried by a vote of 9 ayes, 0 noes, 1 absent and 1 recusal (Jeff Yates). A motion was made to approve the deferral request. The motion carried by a vote of 9 ayes, 0 noes, 1 absent and 1 recusal (Jeff Yates). STAFF UPDATE: The applicant submitted a revised site plan relocating the building from the southern portion of the property to the northern portion. The revised site plan was reviewed by Public Works and for compliance with the City's minimum buffer and landscape ordinances. The following comments are associated with these two reviews: ENGINEERING COMMENTS: Public Works: 1. John Barrow is classified on the Master Street Plan as a minor arterial. A dedication of right-of-way 45 feet from centerline will be required. 2. All driveways shall be concrete aprons per City Ordinance. 3. Repair or replace any curb and gutter or sidewalk that is damaged in the public right-of-way prior to occupancy. 4. Plans of all work in right-of-way shall be submitted for approval prior to start of 7 August 3, 2006 FILE NO.: Z-8056 work. Obtain barricade permit prior to doing any work in the right-of-way from Traffic Engineering at (501) 379-1817 (Derrick Bergfield). 5. A grading permit in accordance with Section 29-186 (c) and (d) will be required prior to any land clearing or grading activities at the site. Site grading, and drainage plans will need to be submitted and approved prior to the start of construction. 6. Storm water detention ordinance applies to this property. Show the proposed location for storm water detention facilities on the plan. 7. If disturbed area is one (1) or more acres, obtain a NPDES storm water permit from the Arkansas Department of Environmental Quality prior to the start of construction. 8. Per City code, crossover lane must be relocated at least 75 feet from right-of- way line. 9. Obtain permits prior to doing any street cuts or curb cuts. Obtain barricade permit prior to doing any work in the right-of-way. Contact Traffic Engineering at (501) 379-1817 (Derrick Bergfield) for more information. 10. Driveway locations and widths do not meet the traffic access and circulation requirements of Sections 30-43 and 31-210. The width of driveway must not exceed 36 feet. 11. Provide a notation indicating the total wall height on the proposed site plan. Landscape: 1. Compliance with the City's Landscape and Buffer Ordinances is required. 2. An automatic irrigation system to water landscaped areas will be required. 3. A nine foot land use buffer is required along the northern property line next to the residentially zoned property. Seventy percent (70%) of this buffer is to remain undisturbed. The plan appears to meet this minimum requirement. 4. A nine foot (9) wide perimeter landscaping strip is required along the southern property line per the landscape ordinance. A variance from this requirement will require approval from the City Beautiful Commission. 5. A six 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 perimeter next to the residentially zoned property. 6. The City Beautiful Commission recommends preserving as many trees as feasible on tree covered sites. Credit toward fulfilling Landscape Ordinance requirements may be given when preserving trees of six (6) inch caliper or larger. The Subdivision Committee at their July 13, 2006, committee meeting, reviewed the revised site plan. The applicant was not present. Staff noted the deficiencies with the proposed site plan indicating they had contacted the applicant concerning the deficiencies and the applicant was addressing staff's concerns. The revised site plan indicates the placement of buffers and landscaping as required by the City's Landscape Ordinance and the Buffer Ordinance. The applicant has indicated a nine foot land use buffer along the northern property line, and nine foot perimeter landscaping strip along the southern property line and note concerning the retaining wall August 3, 2006 ITEM NO.: E.1 (Coat. FILE NO.: Z-8056 height. The site plan also indicates the dedication of right-of-way to meet the current Master Street Plan requirement along John Barrow Road. The driveway width does not exceed 36 -feet in width and the crossover lane has been relocated to 75 -feet from the right-of-way line. Staff is supportive of the proposed request. The proposed development is located just south of a commercial node with the property located to the north of this site zoned C-3, General Commercial District. The relocation of the restaurant to the northern portion of this property allows separation between the proposed use and the church located to the south. The remainder of the site will remain zoned 0-3, General Office District which will allow a transition between the commercial uses to the north and the church facility located to the south. The proposed site plan occupies only a portion of the tract and the applicant is proposing the subdivision of the parcel to allow the development to occur. As noted in the above agenda staff report, the applicant will be required to provide staff with preliminary plat documentation within 60 days of approval by the Board of Directors to allow the subdivision activity to take place. To staff's knowledge there are no outstanding issues associated with the request. Staff feels the placement of the restaurant on the site as proposed will have minimal impact on the adjoining properties. As noted in the Analysis Section staff was supportive of the proposed development when the site plan indicated the development along the southern portion of the site. Staff continues to recommend approval of the request. STAFF RECOMMENDATIONS: Staff recommends approval of the requested preliminary plat and proposed PCD for Sonic Restaurant subject to compliance with the following conditions: 5. Compliance with the comments and conditions as outlined in paragraphs D, E, F and H of the above agenda staff report. 6. All parking including the Phase II parking must be constructed in Phase I. 7. The applicant must lower the volume of outdoor music played through the speaker system during church service and church events. 8. Staff recommends the applicant provide the required platting documentation to staff within 60 days of approval by the Board of Directors. PLANNING COMMISSION ACTION: (August 3, 2006) The applicant was present representing the request. There were registered objectors present. Staff presented the item with a recommendation of approval. Staff stated the applicant had indicated the hours of operation for the site would be from 6 am to 12 midnight and not 2 am as indicated in the written agenda. Mr. Ross Merkling addressed the Commission on behalf of the applicant. He stated the E August 3, 2006 ITEM NO.: E.1 (Cont. FILE NO.: Z-8056 building proposed was 1500 square feet with dine -in and drive-through service. He stated the building would be constructed of split face block, drivit or hard board siding. He stated the landscaping would be increased from the minimum ordinance standard to allow a more attractive site and offer buffering for the church located to the south. Ms. Betty Snyder addressed the Commission in support of a Sonic Restaurant in the John Barrow Neighborhood. She stated she had worked with Sonic for five years to locate in their neighborhood. She stated the location was a concern not the restaurant. She stated she felt there would be a better suited location for the facility in the neighborhood. She stated the John Barrow Neighborhood Association did not take an official vote on the proposed location but most felt the church and Sonic should resolve the issue of location. Chairman Stebbins stated it appeared she was presenting comments of opposition. Ms. Snyder stated she was not opposed to a Sonic only the location of the Sonic since the church had been such a good neighbor and an asset to the neighborhood. Mr. Rodney Chandler addressed the Commission in opposition of the request. He stated he was the spokes person for Second Baptist Church which was located to the south of the proposed restaurant. He stated he did not feel this was an appropriate location for a restaurant. He stated his research had found that there was not a single Sonic restaurant located adjacent to a church. He stated the church had been an active member of the neighborhood for more than 40 years. He stated the church provided outreach to the neighborhood and made a substantial investment in the neighborhood when others were not willing to locate in the John. Barrow community. He stated the church was concerned with the location for a number of reasons one of which the apartment complex located across the street. He stated a number of children in the apartment complex were latch -key children. He stated the children would be crossing John Barrow Road to access the Sonic which would cause safety concerns. He requested the Commissioners consider how they would feel if the Sonic was located adjacent to their church home. Reverend Paul Kelly addressed the Commission in opposition of the request. He stated he was the pastor of Second Baptist Church which currently had approximately 4,000 members in two locations. He stated the membership was opposed to locating a Sonic next door to their church. He provided the Commissioner with petitions signed by over 1,000 members of the church. He stated the Brownwood Terrace Neighborhood was also opposed to the request. He stated the neighborhood also had signed a petition with 35 signatures in opposition of the location of a Sonic next door to their neighborhood. He stated the church had made a sizable investment in the neighborhood. He stated he felt the use inappropriate and he was offended that the Commission was discussing the matter of locating a malt stand next door to a church. Ms. Doris Wright addressed the Commission in opposition of the request. She stated she was President of the John Barrow Neighborhood Association and a member of the Second Baptist Church. She stated the location was a concern. She stated the neighborhood had worked a number of years to attract a Sonic to their area and was in full support of the restaurant locating in the area just not in this location. She stated she 10 August 3, 2006 TEM NO.: E.1 (Cont.) FILE NO.: Z-8056 was aware of the reasoning for choosing this site by Sonic because all commercial uses would like to locate along the Kanis corridor. She stated the church was not originally opposed to the location because the church was unaware of the restaurant was considering locating adjacent to their facility. She stated once she found the item was placed on the Consent Agenda for Approval at the June 22, 2006, public hearing she approached the pastor and suggested he review the proposed request. She stated once the church members review the request for the placement of the unattractive drive-through facility on the site they were not in support of the request. She stated the apartments were a concern. She stated the children would be crossing the street to access the Sonic and would cause a safety concern. She also stated the children would be hanging around the restaurant. She stated the facility located on Cantrell Road in the Riverdale area was more the style restaurant the neighborhood was looking for. She requested the Commission consider the petitions, the neighbors present in opposition and the apartments located across the street when making their decision. Mr. Larry Gilreath addressed the Commission in opposition of the request. He stated he was the representative of Brownwood Terrace. He stated the subdivision was opposed to the placement of a malt stand adjacent to their neighborhood and the church facility. Mr. Bill Walker addressed the Commission in opposition of the request. He stated the neighborhood had enough bad elements including a liquor store and a check cashing service. He sated the neighborhood did not need another bad element. He stated a malt stand called a restaurant was not a desirable use for this location. Mr. Mike Loggins addressed the Commission in opposition of the request. He stated most of his comments had been made but he felt the Commission should consider the children before placing the restaurant across from a large apartment complex. Mr. Marvin Thaxton addressed the Commission in support of the request. He stated his family owned the 4.7 acres of property currently under consideration and had for over 30 years and long before the church expanded their facility to the present state. He stated the church had shown no interest in purchasing the property until a contract with Sonic had been signed. He stated the church was offered the property on a number of occasions in the past and prior to placing the property under contact with Sonic. He stated the property was 300 -feet fronting John Barrow Road with the Sonic locating along the northern portion of the property. He stated the restaurant would occupy 1.7 acres of the 4.7 acre site. He stated the remaining property would be zoned 0-3 as was currently zoned. He stated the restaurant had committed to being a good neighbor and the restaurant had a local and national reputation to uphold. He stated the development was proposed in the mist of a commercial node at Kanis and John Barrow Roads. He stated John Barrow Road currently had 18,200 vehicles per day traveling along the road with a number of teens playing loud music riding on the roadway. He stated the church had expanded their facility not away from John Barrow Road but closer to John Barrow Road and the traffic noise. He stated with the placement of a restaurant on the site the traffic would not be greatly increased. He stated the church currently had 4,000 members which would generate a minimum of 1,000 vehicles. He stated the restaurant traffic would be a drop in the bucket compared to the church. He stated there would be 11 August 3, 2006 ITEM NO.: E_1 (Cont.) FILE NO.: Z-8056 no loitering on the site. He stated there were a number of locations that Sonic had located adjacent to a church. He stated his hometown of Newport, AR was one example. He asked the Commission meet the request of the community and the John Barrow Neighborhood Action Plan by approving the request. Mr. Mike Bailey of Sonic Corporation addressed the Commission. He stated the use was not the most offensive use that could locate next to a church. He stated there were a number of uses and restaurants which were much more offensive than a Sonic which could locate on the site. He stated the developers had worked with the church to address their concerns and he felt when they left the meeting with the church and neighborhood association all the issues had been resolved. He stated the location had been moved and the landscaping enhanced. He stated the restaurant was willing to reduce the volume of music on the site upon request by the church and providing substantial buffers along the south. He stated the church and been offered the remainder of the site at the price paid by Sonic. He stated zoning was put in place to protect the public health, safety and welfare of the citizens. He stated it was not a tool for individuals to use for their own gain. He stated the purpose was to give citizens a voice but not control the use of property. Commissioner Rahman questioned Mr. Bailey of the type of building construction. He stated the Sonic Corporation had made a decision to no longer construct the cafe style restaurants like the one on Cantrell Road. He stated the store would be the current conventional model of store being constructed nationally. Commissioner Rahman questioned the future plans for the remaining property. Mr. Bailey stated the property would be available for sale. Commissioner Williams questioned staff as to the current Future Land Use classification and the allowable uses as well as the proposed amendment and the allowable uses. Staff stated the site was currently shown as MOC or Mixed Office Commercial which allowed a mixture of office and commercial uses. Staff stated the amendment would allow residential, office or commercial with a planned development required if the development were office or commercial. There was a general discussion concerning the location of the restaurant and the potential for sound to be heard at the church. Mr. Ross Merkling stated the decibel level of sound would be very low. He stated the sound of the street was typically at 80db and the sound 75 to 80 feet into the site was be less than 40db. Mr. Merkling stated the restaurant use would be less than the street noise. With the discussion it was added that a typical customer was on the site five to ten minutes. A Sonic representative stated the goal was for food orders to be served in four minutes or less and drink orders in two minutes or less. He stated there was no loitering allowed on the site. He stated the restaurant was focused on moving customers in and out. There was a general discussion concerning the choice of the proposed location. Mr. Bailey stated the location was chosen because of the location of the health centers as well as the proximity to Kanis Road. He stated the health care employee traffic was key in the choice of locations and he did not feel the medical traffic would travel very far 12 August 3, 2006 ITEM NO.: E.1 [Cont. down John Barrow for service. FILE NO.: Z-8056 There was no further discussion of the item. The Chair entertained a motion for approval of the request. The motion failed by a vote of 3 ayes, 5 noes, 2 absent and 1 recusal (Commissioner Jeff Yates). 13 August 3, 2006 ITEM NO.: E FILE NO.: LU06-10-02 Name: Land Use Plan Amendment - Boyle Park Planning District Location: West of John Barrow, south of Kanis Road Request: Mixed Office Commercial to Commercial Source: Ross Merkling, CEI Engineering PROPOSAL / REQUEST: Land Use Plan amendment in the Boyle Park Planning District from Mixed Office Commercial to Commercial. Commercial represents a broad range of retail and wholesale sales of products, personal and professional services, and general business activities. An accompanying request to reclassify the property Planned District Commercial for a Sonic Drive-in Restaurant has been filed. Prompted by this Land Use Amendment request, the Planning Staff expanded the area of review to include area to the north. With these changes, the entirety of the Mixed Office Commercial area north of the church to the node at Kanis- John Barrow Road would be eliminated. It is thought that the additional area would make the boundaries more logical. EXISTING LAND USE AND ZONING: The property is vacant and wooded currently zoned 0-3 General Office and is 4.6 acres ± in size. The expanded area is vacant wooded and zoned 0-3. North of the amendment area is zoned C-3 General Commercial and consists of small retail uses and centers. This commercial area includes area around the John Barrow-Kanis Road intersection and is mostly developed. Some land in the southeast section of the intersection remains wooded and undeveloped. East of the application area is R-5 Urban Residential and is an apartment complex. Beyond this to the east is R-2 Single Family land currently vacant and wooded that is currently under development. South of the amendment area is a Church zoned R-2 Single Family, 0-1 Quiet Office and 0-3 General Office land that is vacant. Some is wooded and some of the land is partial cleared. A small area of R-2 is to the southeast with homes. To the west is R-5 zoning with an apartment complex; southwest is 0-3 and Planned Office Districts with medical related uses and a public library. This is a partial developed section of the City. August 3, 2006 ITEM NO.: E (Cont.) FILE NO.: LU06-10-02 FUTURE LAND USE PLAN AND RECENT AMENDMENTS: January 10, 2006, a change from Single Family to Transition to allow for future development. The site was along the south side of Kanis Road, east of Michael. This is a half -mile to the east of the application area. October 4, 2005, a change from Mixed Office Commercial to Commercial to allow for future development. The site was just east of John Barrow Road on the south side of Kanis Road. This is northeast of the application area. July 13, 2004, a change from Office and Single Family to Mixed Use to more accurately reflect the existing zoning and land use pattern. The site was along the north side of Colonel Glenn Road between Whitfield and Stanus. This is over a mile to the southeast of the application area. January 20, 2004, a change from Mixed Use to Commercial to more accurately reflects the existing zoning and land use pattern. The site was along the south side of Colonel Glenn Road between Cobb and Walker. This is over a mile to the southeast of the application area. November 4, 2002, a change from Commercial, Single Family, Multifamily and Office to Mixed Office Commercial, Office, Multifamily, Commercial and Low Density Residential to more accurately reflect the existing land use and zoning pattern. The site is between 1-630 and Kanis Road, east of John Barrow Road. This is to the northeast of the application area. The Land Use Plan shows this area of Mixed Office Commercial. Commercial is shown to the north around the John Barrow-Kanis Road intersection. To the northeast is an area of Mixed Office Commercial. To the east is a Multifamily area followed by a large area of Single Family. West of the amendment area is shown for Multifamily with Mixed Office Commercial surrounding this to the northwest and south. South of the application area is a Public Institutional area followed by Single Family and Office areas. MASTER STREET PLAN: John Barrow Road is shown as an Arterial on the plan. An Arterial functions to move traffic through and around the urban area or from activity centers to the Arterial system. They are not intended to provide access to adjacent land. Right- of-way and street improvements may need to be made at the time of development. 2 August 3, 2006 ITEM NO.: E (Cont. BICYCLE PLAN: FILE NO.: LU06-10-02 The Little Rock Bike Plan does not show any Dike routes adjacent to the site. The closest Bike Route is a Class II Route along 28th Street to the south. The Little Rock Parks and Recreation Master Plan indicates the site is within 8 - blocks of a public or private open space or recreation area. HISTORIC DISTRICTS: There are no city recognized historic districts that would be affected by this amendment. CITY RECOGNIZED NEIGHBORHOOD ACTION PLAN: The site is in the John Barrow Neighborhoods Plan Area. The Plan calls for creation of a development climate in the John Barrow Neighborhood Area that would attract job -generating businesses. The Plan also calls for development design standards, but does not specifically recommend any other than to state that traffic and pedestrian flows should be improved and efficient. ANALYSIS, The site is wooded and vacant with a zone of 0-3 General Office. There is a small commercial center to the north with shops; beyond this is commercial zoning and land use surrounding the Kanis Road -John Barrow Road intersection. Both to the east and west (across John Barrow Road) are apartment complexes. The land further to the west is wooded and zoned R-2 single Family. This land is currently underdevelopment for a large single-family subdivision. To the south is a church and small subdivision. Beyond this is vacant mostly wooded 0-3 land. John Barrow Road is an Arterial. Arterials are functionally to move vehicles and goods in and through the city not to provide access to adjacent properties. Traffic counts indicate volumes of 18200 vehicles per day from 2004 for John Barrow Road. Any use along John Barrow Road should be designed to limit or prevent direct access to John Barrow Road to facilitate its function. The most recent construction is to the north. At the intersection a former commercial structure was removed and a new commercial building was built for a `tobacco store' and across John Barrow a liquor store was constructed. To the 3 August 3, 2006 ITEM NO.: E (Cont.) FILE NO.: LU06-10-02 south along the west side of John Barrow a new public Library has been added on a 10 -acre tract. The other existing commercial structures have a good occupancy rate. Most of the office construction has been along Kanis Road to the west of this site. This construction has tended to be medical in nature and near the Baptist Hospital campus on Kanis Road. As noted early the infrastructure is being constructed for a new single-family subdivision to the east of this site. While these additions have been steady they have occurred at a gradual rate. As mentioned, there is an existing multifamily apartment complex adjacent to the east. A commercial use (hours of operation, outside activities, traffic areas, waste disposal issues and signage, etc.) could be detrimental. A change from Mixed Office Commercial to Commercial could allow future uses which could result in negative impacts on the existing residential development. The existing Land Use classification would allow some commercial development using the Planned Zoning District with Office uses. Through this review the City could attempt to eliminate any negative impacts on the existing development. There are existing commercial uses to the north of this site. With the current Land Use designation staff has indicated that some commercial use of this site could be appropriate. With a church to the south and apartments to the east and west, design and the type of commercial uses could be significant. Careful design and consideration of the appropriate types of commercial is important. With a change to Commercial the City would not be in a position to attempt to address these issues. Mixed Office Commercial does not allow a completely commercial development. Staff is not necessarily apposed to a one hundred percent commercial development along this portion of John Barrow Road, if access, signage and other issues can be worked out. Therefore staff cannot support a change to Commercial, however a change of the front (western) half to Mixed Use could be supported by Staff. This would continue the possibility of some office and also allows for closer review of the proposed future development of the site. NEIGHBORHOOD COMMENTS: Notices were sent to the following associations: Twin Lakes B Prop. Owners Association, as well as Brownwood Terrace, John Barrow and Twin Lakes "A" Neighborhood Associations. Staff has received no comments from area residents. 2 August 3, 2006 ITEM NO.: E (Cont.) FILE NO.: LU06-10-02 STAFF RECOMMENDATIONS: Staff believes the change is not appropriate. A change to Mixed Use for the front (western) half of the site can be supported. This alternate change would better protect the existing adjacent uses. PLANNING COMMISSION ACTION: (JUNE 22, 2006) The application was placed on consent agenda to July 6, 2006. With a vote of 10 for, 0 against and 1 absent, the consent agenda was approved. PLANNING COMMISSION ACTION: (JULY 6, 2006) The applicant requested this item be deferred to work out issues. The item was placed on the consent agenda for deferral. By a vote of 9 for and 0 against the consent agenda was approved. TAFF UPDATE: (July 6, 2006) The applicant has proposed a change to the Planned Commercial District accompanying this item, however no change to the Land Use Plan is proposed. Staff remains in support of the requested change to Mixed Use along John Barrow Road. PLANNING COMMISSION ACTION: (August 3, 2006) Walter Malone, Planning Staff reviewed the request. Mr. Malone indicated to the north was commercial, east and west was Multifamily and the south a Church. There have been a couple of small commercial businesses constructed to the north and a new Library to the south. Most of the Office development is along Kanis Road to the west closer to Baptist Hospital. The Land Use Plan shows Mixed Office Commercial, thus the City has already said some commercial in this location would be appropriate. Staff does not believe a total commercial development would necessarily be inappropriate. However with the surrounding uses (apartments and church) design is significant. Staff therefore is supportive of a change to Mixed Use, which allows a review of the development for appropriateness whether commercial or office. Donna James, Planning Staff, presented the case for a Planned Commercial District on a portion of this site. See the minute record for item E.1: Z-8056 for a 5 August 3, 2006 ITEM NO.: E (Cont.) FILE NO.: LU06-10-02 complete minute record. Commissioner Williams asked about the Mixed Use proposal. Mr. Bozynski, Planning Director, replied that the development could be commercial, office or residential, using the Planned Zoning District process. Currently the Plan shows Mixed Office Commercial. Staff does not support the original request to Commercial, however the application has been amended to Mixed Use for the western half of the tract. After discussion and presentations for and against (mostly the Planned District request), a motion was made to approve the requested Plan change. By a vote of 4 for, 4 against, 2 absent, and 1 recusal the item failed. D ITEM NO.: 26.1. NAME: Sonic Restaurant —John Barrow Road Short -form PCD LOCATION: located at 1618 John Barrow Road Planning Staff Comments: Z-8056 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. The notice must be mailed no later than June 7, 2006. The Office of Planning and Development must receive the proof of notice no later than June 16, 2006. 2. Provide the days and hours of operation for the proposed facility. 3. Provide a note concerning the required dumpster screening. 4. Will the hours of service for the dumpster be limited? If so indicated on the site plan the hours of dumpster service. 5. Any site lighting must be low level and directional, directed downward and into the site not spilling over to the adjacent properties. 6. Could the site be relocated to the north adjacent to the existing commercial uses? 7. Design the site plan to allow for access and circulation thru the site and not have conflicting movements exiting the drive thru and the drive lane. 8. Provide the percentage of building coverage, landscaped area and paving for the site. 9. Provide details of how protection will be provided to the adjacent multi -family and the church related to noise and music from the site. 10. Provide details of any proposed signage including ground mounted and building signage. For ground -mounted signage provide the location of the proposed signage along with a note concerning the total height and area. Provide the total building fagade to be dedicated to signage and the locations of the proposed signs. 11. Is there any fencing being proposed as a part of the development? If so indicated on the site plan the location of the proposed fencing and a note concerning the total height and construction material. 12. Provide the total square footage of the outdoor dining area. VarianceNVaivers, Public Works Conditions: 1. John Barrow is classified on the Master Street Plan as a minor arterial. A dedication of right-of-way 45 feet from centerline will be required. 2. All driveways shall be concrete aprons per City Ordinance. 3. Repair or replace any curb and gutter or sidewalk that is damaged in the public right-of-way prior to occupancy. Item # 26.1 4. 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). 5. A grading permit in accordance with Section 29-186 (c) and (d) will be required prior to any land clearing or grading activities at the site. Site grading, and drainage plans will need to be submitted and approved prior to the start of construction. 6. Storm water detention ordinance applies to this property. Show the proposed location for storm water detention facilities on the plan. 7. If disturbed area is one (1) or more acres, obtain a NPDES storm water permit from the Arkansas Department of Environmental Quality prior to the start of construction. 8. Per City code, crossover lane must be relocated at least 75 feet from right-of-way line. 9. Obtain permits prior to doing any street cuts or curb cuts. Obtain barricade permit prior to doing any work in the right-of-way. Contact Traffic Engineering at (501) 379-1817 (Derrick Bergfield) for more information. 10. Driveway locations and widths do not meet the traffic access and circulation requirements of Sections 30-43 and 31-210. The width of driveway must not exceed 36 feet. Utilities and Fire DepartmentlCounty Planning: Wastewater: Sewer available on west side of John Barrow Road. Contact Little Rock Wastewater Utility at 688-1414 for additional information. Entergy: No comment received. Center -Point Energy_: No comment received. SBC: No comment received. Central Arkansas Water: SHOULD BE ODD NUMBER ADDRESS. All Central Arkansas Water requirements in effect at the time of request for water service must be met. Additional fire hydrant(s) will be required. Contact the Little Rock Fire Department to obtain information regarding the required placement of the hydrant(s) and contact Central Arkansas Water regarding procedures for installation of the hydrant(s). A water main extension may be required. This development will have minor impact on the existing water distribution system. Proposed water facilities will be sized to provide adequate pressure and fire protection. Fire Department: Approved as submitted. County Planning: No comment. CATH: The site is not located on a dedicated CATA Bus Route. Planning Division: Item # 26.1 Landscape: 1. Compliance with the City's Landscape and Buffer Ordinances is required. 2. An automatic irrigation system to water landscaped areas will be required. 3. An average of eighteen -foot (18) wide land use buffer is required to separate this proposed development from the residentially zoned property on the eastern perimeter of the site. Seventy percent (70%) of these buffers are to remain undisturbed. Easements cannot count toward fulfilling this requirement. 4. An average of nine -foot (9) wide land use buffer is required to separate this proposed development from the residentially zoned property on the southern perimeter of the site. Seventy percent (70%) of these buffers are to remain undisturbed. Easements cannot count toward fulfilling this requirement. 5. The property to the south and the east is zoned residential, therefore, 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 southern and eastern perimeters of the site. Revised plat/plan: Submit four (4) copies of a revised preliminary plat (to include the additional information as noted above) to staff on Wednesday, June 7, 2006. Item # 26.1 ITEM NO.: 26.1, NAME: Sonic Restaurant — John Barrow Road Short -form PCD LOCATION: located at ohn Barrow Road!�oAY _(X ,fib Planning Staff Comments: Z-8056 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. The notice must be mailed no later than June 7, 2006. The Office of Planning and Development must receive the proof of notice no later than June 16, 2006. 2. Provide the days and hours of operation for the proposed facility. 3. Provide a note concerning the required dumpster screening. 4. Will the hours of service for the dumpster be limited? If so indicated on the site plan the hours of dumpster service. 5. Any site lighting must be low level and directional, directed downward and into the site not spilling over to the adjacent properties. 6. Could the site be relocated to the north adjacent to the existing commercial uses? 7. Design the site plan to allow for access and circulation thru the site and not have conflicting movements exiting the drive thru and the drive lane. 8. Provide the percentage of building coverage, landscaped area and paving for the site. 9. Provide details of how protection will be provided to the adjacent multi -family and the church related to noise and music from the site. 10. Provide details of any proposed signage including ground mounted and building signage. For ground -mounted signage provide the location of the proposed signage along with a note concerning the total height and area. Provide the total building fagade to be dedicated to signage and the locations of the proposed signs. 11. Is there any fencing being proposed as a part of the development? If so indicated on the site plan the location of the proposed fencing and a note concerning the total height and construction material. 12. Provide the total square footage of the outdoor dining area. Variance/Waivers: Public Works Conditions: ° °)4 fld 1. John Barrow is classified on the Master Street Plan as a minor arterial. A dedication of right-of-way 45 feet from centerline will be required. 2. All driveways shall be concrete aprons per City Ordinance. 3. Repair or replace any curb and gutter or sidewalk that is damaged in the public right-of-way prior to occupancy. Item # 26.1 4. 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). 5. A grading permit in accordance with Section 29-186 (c) and (d) will be required prior to any land clearing or grading activities at the site. Site grading, and drainage plans will need to be submitted and approved prior to the start of construction. 6. Storm water detention ordinance applies to this property. Show the proposed location for storm water detention facilities on the plan. 7. If disturbed area is one (1) or more acres, obtain a NPDES storm water permit from the Arkansas Department of Environmental Quality prior to the start of construction. 8. Per City code, crossover lane must be relocated at least 75 feet from right-of-way line. 9. Obtain permits prior to doing any street cuts or curb cuts. Obtain barricade permit prior to doing any work in the right-of-way. Contact Traffic Engineering at (501) 379-1817 (Derrick Bergfield) for more information. 10. Driveway locations and widths do not meet the traffic access and circulation requirements of Sections 30-43 and 31-210. The width of driveway must not exceed 36 feet. Utilities and Fire Department/County Planning: Wastewater: Sewer available on west side of John Barrow Road. Contact Little Rock Wastewater Utility at 688-1414 for additional information. Entergy: No comment received. Center -Point Energy_: No comment received. SBC: No comment received. Central Arkansas Water: SHOULD BE ODD NUMBER ADDRESS. All Central Arkansas Water requirements in effect at the time of request for water service must be met. Additional fire hydrant(s) will be required. Contact the Little Rock Fire Department to obtain information regarding the required placement of the hydrant(s) and contact Central Arkansas Water regarding procedures for installation of the hydrant(s). A water main extension may be required. This development will have minor impact on the existing water distribution system. Proposed water facilities will be sized to provide adequate pressure and fire protection. Fire Department: Approved as submitted. County Planning: No comment. CATA: The site is not located on a dedicated CATA Bus Route. Plannina Division: Item # 26.1 Landscape: 1. Compliance with the City's Landscape and Buffer Ordinances is required. 2. An automatic irrigation system to water landscaped areas will be required. 3. An average of eighteen -foot (18) wide land use buffer is required to separate this proposed development from the residentially zoned property on the eastern perimeter of the site. Seventy percent (70%) of these buffers are to remain undisturbed. Easements cannot count toward fulfilling this requirement. 4. An average of nine -foot (9) wide land use buffer is required to separate this proposed development from the residentially zoned property on the southern perimeter of the site. Seventy percent (70%) of these buffers are to remain undisturbed. Easements cannot count toward fulfilling this requirement. 5. The property to the south and the east is zoned residential, therefore, 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 southern and eastern perimeters of the site. Revised plat/plan: Submit four (4) copies of a revised preliminary plat (to include the additional information as noted above) to staff on Wednesday, June 7, 2006. Item # 26.1