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HomeMy WebLinkAboutZ-8487 Staff AnalysisOctober 15, 2009 FILE NO.: Z-8487 NAME: Diversions Short -form PCD and Alley Abandonment LOCATION: Located at 2611 Kavanaugh Boulevard DEVELOPER: EO Corder, Inc. Attn. Eddie Corder 2611 Kavanaugh Boulevard Little Rock, AR 72205 SURVEYOR: Donald Brooks Surveying 20820 Arch Street Pike Hensley, AR 72065 AREA: 0.0826 acres NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF CURRENT ZONING: C-3, General Commercial District ALLOWED USES: General Commercial PROPOSED ZONING: PCD PROPOSED USE: C-3, General Commercial District uses, Allowance of rooftop dining — Reduced Parking per the Hillcrest Design Overlay District VARIANCESMAIVERS REQUESTED: None requested. A. PROPOSAUREQUEST: The request is a rezoning from C-3, General Commercial District to PCD and the abandonment of an alley right of way located at 2611 Kavanaugh Boulevard. The building is located in the Hillcrest neighborhood and is located midway between Walnut and Ash Streets. The building is one-story with a brick exterior and large front windows. The building was originally built in 1926, was rebuilt after a fire in the 1950's and has been remodeled several times. The building is currently zoned C-3, General Commercial District. The building is finished with two (2) suites. Salon Corde currently occupies approximately one-half FILE NO.: Z-8487 (Con the building and the other suite is lease space, most recently leased to Lemon — a crepe and coffee company. A restaurant tenant is interested in leasing the space and having outdoor seating. The outdoor seating is proposed as rooftop dining with seating for up to 49 persons. All entrances and exits will have emergency exit signs. There will be handicap access to the roof provided by the alley. The existing chain link fence on the roof will be replaced with a wood privacy fence to assist as a sound barrier and increase curb appeal. The rooftop will be an atmosphere that will provide open breeze and a view that overlooks historic Kavanaugh Boulevard. There will be two outdoor speakers to provide ambient sound of water and wind. There will not be live music or a dance club like scene. There will be two pergola shaded areas with fans. Seating will be provided by four outdoor sectional couches and six patio sets that will not include umbrellas. Plants will provide greenery along with exotic flowers, vegetables and herbs. A water feature will be front and center. In general, the rooftop seating will be an extension of the restaurant downstairs that will serve lunch and dinner. Regular access will be via internal stairs from the Kavanaugh Boulevard entrance. Handicap access will be provided via a walkway from the rear of the building. The hours of operation are from 10:00 am to 10:00 pm Sunday and 10:00 am to midnight Monday through Saturday. All lighting on the rooftop will be directed downward or will be tabletop candles. Garbage collection is proposed off -site via sharing of a dumpster across Kavanaugh Boulevard. If an on -site dumpster is required the request is to place the dumpster within the alley, just north of the barricade. The hours of dumpster service will be limited to daylight hours. Deliveries will be limited to Kavanaugh Boulevard or the portion of the alley at the same grade as the restaurant. The outdoor seating creates a parking requirement that is greater than the property can meet as there is no owned parking. The building occupies ninety five percent of the parcel. The requested PCD zoning is intended to allow the addition of the rooftop dining with lesser parking than typically required for a restaurant use per the DOD. The application for right of way abandonment is separate from the PZD application but the two are connected by the desire to provide handicapped parking spaces in a portion of the alley to serve the rooftop dining. The alley is blocked and barricaded. At Kavanaugh Boulevard the alley is the same grade as the street. Approximately thirty feet south of Kavanaugh Boulevard the alley is closed by a rock wall approximately fifteen feet tall. A few feet south of the wall is a guardrail type barricade to prevent vehicles from driving north over the wall. The request for abandonment is the full width of the alley (20 feet) for approximately ninety -feet. The applicant is requesting the alley abandonment be considered even if the PZD application is denied. According to the applicant at this point the alley is not open to vehicular or pedestrian use, alternative use of 2 FILE NO.: Z-8487 Cont. the alley for other allowed uses seems to be reasonable as the alley no longer provides public access from Kavanaugh Boulevard. B. EXISTING CONDITIONS: The building is located on Kavanaugh Boulevard adjacent to an unimproved alley which is barricaded a few feet from Kavanaugh Boulevard. The building proposed for rezoning houses a salon and restaurant. Adjacent to the alley to the West is the Dog House, a pet grooming business, and drycleaners. North of the building is a parking lot with a curb cut from Kavanaugh Boulevard and Walnut Street. Uses in the area are residential and commercial uses. Residential uses include single-family and multi -family. The building is located within the Hillcrest Shopping District. Allsopp Park is located to the Northeast. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has received a number of informational phone calls from area residents and property owners. All property owners located within 200 feet, all residents, who could be identified, located within 300 feet of the site and the Hillcrest Residents were notified of the public hearing. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: 1. Drainage easements should be maintained in the alley to convey stormwater from adjacent property. 2. The portion of the alley, where access to the roof is desired, should be repaved. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer available to the project. Entergy: No comment received. Center -Point Energy: No comment received. AT & T: No comment received. Central Arkansas Water: No objection. Fire Department: Approved as submitted. County Planning: No comment. CATA: The site is located on CATA Bus Route #1 — the Pulaski Heights Route. 3 1111tQ0161W : , : OVTii� F. ISSUES/TECHNICAL/DESIGN: Planning Division: This request is located in the Heights Hillcrest Planning District. The Land Use Plan shows Commercial for this property. The applicant has applied for a rezoning to Planned Commercial Development. The request does not require a change to the Land Use Plan. Master Street Plan: Kavanaugh Boulevard is a Collector. The primary function of a Collector Street is to provide a connection from Local Streets to Arterials. Ash Street is a Local Street. The primary function of a Local Street is to provide access to adjacent properties. Local Streets which are abutted by non-residential zoning/use or more intensive zoning than duplexes are considered as "Commercial Streets". These streets have a design standard the same as a Collector. These streets may require dedication of right-of-way and may require street improvements for entrances and exits to the site. Bicycle _Plan: A Class III is shown along Kavanaugh Boulevard. A Class III bikeway is a signed route on a street shared with traffic. No additional paving or right-of-way is required. Class III bicycle route signage may be required. Neighborhood Action Plan: This area is covered by the Hillcrest Neighborhood Plan. While the plan does not specifically address this issue, it does state a need for "more mixed -use opportunities should be provided within the commercial areas, including parts of Kavanaugh, Markham Street, and Stifft Station. Mixed -use means more opportunities for residential over commercial in existing commercial areas." Landscape: No comment. G. SUBDIVISION COMMITTEE COMMENT: (August 13, 2009) The applicants were present. Staff presented an overview of the proposed development stating there were a number of questions related to the proposed PCD request in need of addressing prior to the Commission acting on the request. Staff questioned the handicap access and the location of restroom facilities for handicap persons. Staff also questioned parking and the location of the handicap parking areas. The applicant stated details for restroom facilities had not been completely addressed but the owners were reviewing options. The developers stated the request for the PCD was to not require parking. He stated negotiations were taking place with the offices located north of the Ice House to allow parking within this area. Staff requested letters from the various utility companies stating their position of the abandonment request and the letter was to include their desire for the retention of easements. 11 FILE NO.: Z-8487 Public Works comments were addressed. Staff stated the alley should be retained as a drainage easement to convey stormwater from the adjacent property. Staff also stated the portion of the alley where access to the roof was desired should be repaved. Staff noted comments from the other reporting departments and agencies suggesting the applicant contact them individually for additional clarification. There was no further discussion of the item. The Committee then forwarded the item to the full Commission for final action. H. ANALYSIS: The applicant submitted a revised site plan to staff addressing the comments raised at the August 13, 2009, Subdivision Committee meeting. The revised cover letter states a chemical ADA compliant portable toilet will be placed on the roof top to serve the ADA requirements for restroom facilities. The site plan indicates the placement of paving within the abandoned alley and the placement of a handicap space within this area. The applicant has indicated an agreement with the adjoining property owner will be reached to provide sufficient area for the required space. The applicant is working to secure letters from the various utility companies regarding the alley abandonment. Public Works has indicated the entirety of the alley must be retained as a drainage easement. The floor area for the salon and restaurant is 1,600 square feet each. The proposed roof top dining is 1,300 square feet. The site is located within the Hillcrest Design Overlay District which allows for a reduction of the required parking by fifty (50) percent. A salon outside the DOD would typically be required eight (8) parking spaces and with the fifty percent reduction four (4) spaces would be required. The restaurant and the roof top dining area would typically be required 29 parking spaces. With the fifty percent (50%) reduction, fourteen (14) spaces are required. The DOD also allows for street parking to count towards the parking requirement. The DOD states where on -street parking is allowed it shall be credited toward the parking requirements at a rate of one (1) space per ten (10) linear feet of street frontage. Parking spaces within a common parking facility may be counted toward the parking requirements of any development. The total number of parking spaces within the common parking facility shall not be less than the sum of requirements for the various individual uses utilizing the facility. There are no common parking facilities associated with this property. The site contains 40 feet of street frontage allowing for four (4) parking spaces. The proposal also allows the placement of one (1) handicap parking space within the abandoned alley. The plan as presented provides four (4) parking spaces. The development would typically be required the placement of eighteen (18) parking spaces. Permitted signage per the Hillcrest Design Overlay District is limited to signage permitted in Institutional and Office Zones or on the street level, the maximum 5 FILE NO.: Z-8487 (Cont. area of signage may be doubled if at least fifty (50) percent of the street -level office and retail space has direct access to the street. The highest point on any commercial sign attached to the building shall not exceed the corresponding building's height. Freestanding commercial signs may not exceed eighteen (18) feet in height, neon -lit signs greater than thirty (30) square feet are prohibited and off -premises signs are prohibited. The applicant is requesting to maintain the existing signage located on the site. All future signage will comply with the Hillcrest DOD. As stated, the request includes an- abandonment of an existing alley located along the western perimeter of the property. The abandonment includes a 20-foot alley for the length of the applicant's property. The portion of the alley located adjacent to Kavanaugh Boulevard has been constructed. There is an eight foot rock wall located 35-feet from the property line which disconnects the alley. The upper portion of the alley has not been paved and is barricaded with a guardrail approximately 55 feet from Kavanaugh Boulevard. The Public Works Department has requested the entirety of the alley be retained as a drainage easement. The building was originally constructed as a two-story building. The building was previously damaged by fire and the second story was not reconstructed. The center stair accessing the second floor remains and is proposed to access the roof top dining. The site plan indicates handicap access will be provided from the abandoned alley as well as a handicap parking space. Wood decking will be placed on the existing roof. A portion of the deck will be covered. A new wood fence will be added along the western fagade to screen the deck from the adjoining properties. A forty-two inch knee rail will be added to the front parapet on Kavanaugh Boulevard. Staff has concerns with allowing the rezoning request to add the additional activity to the roof of this existing building. Staff's concerns are primarily noise, the late hours, insufficient parking and the placement of the portable toilet on the roof to meet the ADA requirements. Staff feels there is a strong potential of a negative impact on the adjoining residential uses. The evening activities are currently located along Kavanaugh Boulevard and by placing the handicap access and handicap parking within the abandoned alley this will add an activity to the rear of the building that is currently not in place. The site as exists today does not provide the typical parking required per the Hillcrest Design Overlay District and with the addition of the roof top dining this compounds the lack of parking available for the use. The applicant has requested use of the outdoor dining area until midnight six nights per week. Although the applicant is proposing the placement of a screening fence and a sound barrier to aid in blocking noise from the rooftop diners staff feels the noise will still travel and impact the adjoining homes. Staff also has concerns with the placement of a portable toilet on the rooftop to meet ADA requirements. Staff feels although facilities are being provided for handicap persons by the placement of the portable toilet on the roof, staff does not feel the portable toilet is adequate. L FILE NO.: Z-8487 (Cont. Although staff is not supportive of the rezoning request staff is supportive of the requested alley abandonment. According to Public Works staff, the entirety of the alley is to be retained as an easement. Staff supports the alley abandonment request as long as the easement rights are retained. STAFF RECOMMENDATION: Staff recommends denial of the requested PCD application request. Staff recommends approval of the alley abandonment request subject to the entirety of the abandonment being retained as a utility and drainage easement. PLANNING COMMISSION ACTION: (SEPTEMBER 3, 2009) The applicant was present. There were no registered objectors present. Staff presented the item stating the applicant had submitted a request dated August 31, 2009, requesting a deferral of this item to the October 15, 2009, public hearing. Staff stated the applicant had indicated the deferral was necessary to meet with the Hillcrest Residents Neighborhood Association at their September 14th meeting. 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. The chair entertained a motion for approval of the By-law waiver request. The motion carried by a vote of 10 ayes, 0 noes and 1 absent. The chair entertained a motion of approval of the item as presented by staff. The motion carried by a vote of 10 ayes, 0 noes and 1 absent. STAFF UPDATE: The applicant's attorney submitted a revised cover letter outlining modifications to the applicant's request. The hours of operation for the roof top dining have been limited to 10 am to 10 pm Monday through Wednesday and 10 am to midnight Thursday through Saturday. There will be no outdoor speakers located on the roof top deck. There will be no outdoor music, live or recorded. Lexan glass walls six (6) feet high will be installed on the north (front) and west side walls. The rooftop deck will occupy the north 40 feet of the structure. A six (6) foot high wood privacy fence across the rear (south side) of the deck will be installed. The fence will have an additional two (2) foot long section placed at the top of the fence that is angled in towards the deck to further deflect noise. The wall will be covered with a curtain or special materials that will further dampen the sound. The east wall is the party wall with the Icehouse that extends all the way up to the second floor roof of the Icehouse. The existing chain link fence located along the southern perimeter of the building will be removed and replaced with a five (5) foot tall wood fence. The upstairs deck is additional seating only. There will not be a separate service area on the roof. All services will originate downstairs. 7 FILE NO.: Z-8487 Cont.) The applicant has an arrangement with an adjacent property owner (the drycleaners to the west) to provide additional parking spaces. The applicant has forty (40) feet of frontage of Kavanaugh Boulevard, which will allows credit for four (4) on -street parking spaces. The arrangement with the neighboring property owner will allow Diversions to employ valet parking after the hours of operation of the drycleaners to park an additional fourteen (14) automobiles by stacking the automobiles within the drycleaners parking area and under the canopy. With the existing parking and the off -site available parking this will allow the applicant to meet the eighteen (18) parking spaces to comply with the Hillcrest Design Overlay District. The placement of the handicap parking spaces located in the alley (requested for abandonment with the current application) has not been removed from the application request. Even with the modifications staff continues to have concerns with the application request. Staff continues to feel the noise of the roof top dining will potential overspill into the neighborhood and negatively impact the adjoining residential homes. LANNING COMMISSION ACTION: (OCTOBER 15, 2009) The applicant was present. There were a number of registered objectors present. Staff presented the item with a recommendation of denial. Staff stated the applicant's attorney had submitted a revised cover letter outlining modifications to the applicant's request. Staff stated the hours of operation for the roof top dining had been limited to 10 am to 10 pm Monday through Wednesday and 10 am to midnight Thursday through Saturday. Staff stated there were to be no outdoor speakers located on the rooftop deck. Staff stated there would be no outdoor music, live or recorded. Staff stated Lexan glass walls six (6) feet high would be installed on the north (front) and west side walls. Staff stated the rooftop deck would occupy the north 40 feet of the structure and a six (6) foot high wood privacy fence would be placed across the rear (south side) of the deck. Staff stated the fence would have an additional two (2) foot long section placed at the top of the fence that was angled in towards the deck to further deflect noise. Staff stated the wall would be covered with a curtain or special materials that would further dampen the sound. Staff stated the east wall was the party wall with the Icehouse that extended all the way up to the second floor roof of the Icehouse. Staff stated the existing chain link fence located along the southern perimeter of the building would be removed and replaced with a five (5) foot tall wood fence. Staff stated the upstairs deck was additional seating only and there will not be a separate service area on the roof with all services originating downstairs. Staff stated the applicant had indicated an arrangement with an adjacent property owner (the drycleaners to the west) to provide additional parking spaces. Staff stated the applicant had forty (40) feet of frontage of Kavanaugh Boulevard, which would allow credit for four (4) on -street parking spaces. Staff stated the arrangement with the neighboring property owner would allow Diversions to employ valet parking after the hours of operation of the drycleaners to park an additional fourteen (14) automobiles by stacking the automobiles within the drycleaners parking area and under the canopy. Staff stated with the existing parking and the off -site available parking this would allow the applicant to meet the eighteen (18) parking spaces to comply with the Hillcrest FILE NO.: Z-8487 (Cont. Design Overlay District. Staff stated the placement of the handicap parking spaces located in the alley had not been removed from the application request. Staff stated even with the modifications they continued to have concerns with the application request. Staff stated they continued to feel the noise of the rooftop dining would potential overspill into the neighborhood and negatively impact the adjoining residential homes. Mr. Andy Francis addressed the Commission on behalf of the owner. He stated he felt a theme of fairness was emerging from the Commission's previous discussions. He stated this issue was of fairness. He stated along Kavanaugh Boulevard there were a number of businesses which had outdoor dining. He stated in many cases the outdoor dining was in close proximity to residential uses. He stated the use was a restaurant and wine bar. He stated the property was located within the Hillcrest Commercial District on property zoned C-3. He stated the deck would occupy the front 40 feet of the building. He stated the deck was approximately 45 feet for the rear of the property. He stated there would be a full service restroom facility constructed on the roof. He stated the upper alley would be landscaped and only used for emergency exit. He stated there would be no parking located within the upper portion of the alley. Mr. Francis stated his client had secured a parking agreement with the adjoining property owner. He stated the clients had a valet company review the site and had determined fifteen (15) parking spaces were available on the adjacent site. He stated with the street credit of four (4) parking spaces this allowed nineteen (19) parking spaces to serve the restaurant use. Mr. Francis stated his clients had conducted an informal survey of the area at various times and on various days and determined in close proximity additional street parking was available on Kavanaugh Boulevard. Mr. Francis stated measures were being taken to control noise. He stated there was sufficient buffering through trees, walls and adjacent buildings. He stated in addition to the existing vegetation fencing would be placed around the roof area to aid in sound proofing the site. He stated a six foot Lexan wall would be installed on the north and west sides of the deck to allow for sight but would dampen the noise. Mr. Francis stated no amplified music or speakers of any kind would be on the roof. He stated no outdoor music would be allowed. He stated all services would originate downstairs. He stated the clients were researching materials which would aid in reducing the sound such as special materials or screening walls. Mr. Francis stated out of fourteen (14) restaurants and bars in the Hillcrest Commercial District nine (9) had outdoor seating. He stated some decks included separate serving areas and/or speakers. He stated most decks had only some wooden fencing for screening or existed with no screening at all. He stated the So Restaurant was located within 94 feet of the nearest residences. He stated Ferneau was located 55 feet to the nearest house. He stated the House was located within 45 feet of the nearest home. He stated Diversions deck would be located 53 feet from the nearest accessory building and 110 feet for the nearest home. 9 FILE NO.: Z-8487 (Cont.) Mr. Francis addressed the alley abandonment request. He stated the alley did not connect to Kavanaugh Boulevard and with the elevation change in the middle of the applicant's property there was no connectivity for vehicular or pedestrian traffic. He stated the upper alley would not be used for parking. He stated the lower alley would be used for dumpster placement if a dumpster became necessary in the future. Mr. Jason Young did not wish to address the Commission but did fill out a card in support of the request. Mr. Joseph Borak addressed the Commission in support of the request. He stated his home was located at 518 Beechwood Street. He stated he felt the traffic, noise, parking and activity were a trade-off for the area. He stated he enjoyed the safety of the Hillcrest Neighborhood and enjoyed having the commercial areas just down the street. Mr. Michael Keddie addressed the Commission in opposition. He stated his home was located at 617 Ash Street, just behind the proposed rooftop dining area. He stated the request was unenforceable in nature. He questioned if the City was going to check to see if the sound deadening material was in place and if the City had a person qualified to check for decibel levels. He stated there was only 21 feet separating the proposed dining area from the adjoining accessory building which was a home. He stated his concern was people and noise. He stated as the night went on the noise would grow louder and would interfere with the residents in the area. He stated the alley should not be abandoned. He stated the alley acted as a buffer between the residents and the commercial area. He stated the applicant had indicated the alley abandonment was necessary to allow drainage work to take place. He stated it was his understanding work could take place in the public alley if approved by City staff. Mr. Taylor Marshall addressed the Commission in opposition of the request. He stated he was an attorney representing the Backs who owned property within 45 feet of the proposed rooftop dining. He stated there were concerns with parking and the use of the alley located behind his clients home to access the site. He questioned how an adjacent business could provide the parking requirement when the business would be open until 7:00 pm. He stated the spaces would only be available for a limited time. He stated he felt the approval would cause a nuisance to the neighborhood and impact the residents who lived in the area. Ms. Rose Back addressed the Commission in opposition of the request. She stated her concerns were crime, safety and sanitation. She stated all the business activity was currently located along Kavanaugh Boulevard. She stated with the placement of the rooftop dining the business activity would then be located adjacent to the neighborhood. Mr. Ed Back addressed the Commission in opposition of the request. He stated he had lived in Hillcrest for 28 years and had seen the positive change in the Hillcrest neighborhood. He stated he had to move from the area because of the noise of the barking dogs from the adjacent Dog House commercial business and because of the increase of commercial activity on Kavanaugh Boulevard. He stated with the addition of the rooftop dining this would impact the adjoining homes in such a manner that the IM FILE NO.: Z-8487 (Cont. remainder of the area would request commercial zoning. He stated this would further deteriorate the neighborhood. Mr. Bryan Adams addressed the Commission in opposition of the request. He stated he had reviewed the City code and did not feel the PCD was in keeping with the purpose and intent of the zoning ordinance. He stated according to the ordinance the approval was to not be for the sole benefit of one owner. He stated the parking regulations were not being adhered to and the placement of the outdoor dining area did not comply with the regulations of the commercial zoning district. He stated he was an architect and did not feel -from an architectural standpoint the proposed addition would be very appealing. He stated he felt the site would have the appearance of an outdoor toilet with a sneeze guard. Mr. Robin Borne addressed the Commission in opposition of the request. He stated his family had lived in Hillcrest for 24 years and had enjoyed the benefits from the prosperity of the neighborhood. He stated he had enjoyed a positive balance of residential and commercial uses in the area. He stated he felt there should be a boundary between residential and commercial properties in the Hillcrest neighborhood and this balance was to be maintained at the current level. He stated it was important to look to the future and not for just this one restaurant user. He stated the Hillcrest Historic Overlay District was evidence the residents wanted to manage development while maintaining the lifestyle and character that had made Hillcrest prosper. He stated if a rooftop restaurant was added to the neighborhood the viability of single-family residential occupancy in historic housing stock on Ash Street would be diminished. He stated should even one of the seven residences on Ash become commercial that soon after others would follow. Catherine and Carroll Spann did not which to address the Commission. Tait Arnold addressed the Commission in opposition of the request. He stated his home was located very near a local restaurant with an outdoor seating area and his four year old daughter had been awaken on a number of occasions by loud patrons of the restaurant. He stated the developer had provided a number of letters of support from area transient business owners. He stated the Spanns have lived in the area 26 years and it was the residents who had brought back the neighborhood. He stated he did not want the neighborhood to experience the same nuisance he had experienced with the placement of a restaurant so near their home. Ms. Ruth Bell addressed the Commission in opposition of the request. She stated noise was not a new thing to the Commission reminding the Commission of the application requests on West Markham and Rebesman Park Road to allow outdoor dining and the citizens concerns regarding noise. She stated both cases a number of neighborhoods came down to speak against allowing outdoor activity in close proximity to residential areas. She stated noise traveled and with the addition of the rooftop dining the noise would travel to the adjoining homes. She stated without an acoustical engineer it would be difficult for the City to enforce any commitments made by the applicant. 11 FILE NO.: Z-8487 (Cont.) Mr. Francis stated his clients had an agreement to address the parking concern. He stated safety was less of an issue in a vibrant neighborhood with commercial and residential activities taking place. He stated there were other businesses in close proximity that allowed outdoor dining within a lesser distance than proposed by the applicant. There was a general discussion by the Commission on the application request and the need for the alley closure. Staff stated the alley closure was not critical to the application request but they felt since the alley was not providing a connection the abandonment made sense. Staff stated if the alley remained public drainage improvements within the alley would be allowed if the applicant submitted engineered plans for review and approval by staff. There was a general discussion concerning the parking agreement and available parking within the neighborhood. A Commissioner stated the property was private property and the owner could regulate who could park on the property during any hours of the day or night. The Commission questioned if the rooftop dining was the issue or the restaurant. Staff stated the downstairs restaurant was not an issue and could locate on the site without any review by the City with the exception of a building permit. There was no further discussion of the item. A motion was made to approve the request as amended by the applicant to eliminate the parking spaces within the upper portion of the alley. The motion failed by a vote of 0 ayes, 7 noes, 3 absent and 1 recusal (Commissioner Yates). A motion was made to approve the alley abandonment request. The motion carried by a vote of 6 ayes, 1 noes, 3 absent and 1 recusal (Commissioner Jeff Yates). 12 ITEM NO.: 11. NAME: Diversions Short -form PCD and Alley Abandonment LOCATION: located at 2611 Kavanaugh Boulevard Plannina Staff Comments: 1. Provide notification of all 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 August 19, 2009. The Office of Planning and Development must receive the proof of notice no later than August 28, 2009. 2. The cover letter indicates a request for signage as allowed in commercial zones. The property is located within the Hillcrest Design Overlay District which typically allows signage as allowed in office zones. 3. The Hillcrest Design Overlay District allows street parking to count as one space for ten feet of street frontage. The survey indicates the property dimension of 40-feet. The Overlay also allows for parking to be reduced by fifty percent of that typically required for the use. 4. Provide the total square footage of the salon, the total square footage of the restaurant use and a separate number for the total square footage proposed for the roof -top dining. 5. The cover letter indicates the abandonment of the alley will result in two (2) handicap parking spaces. With the abandonment of the alley the owner will only receive'/2 the abandonment. 6. Provide letters from the five utility companies indicating their desire for the retention of easements within the abandoned alley right of way. Variance/Waivers: None requested. Public Works Conditions: 1. Drainage easements should be maintained in the alley to convey stormwater from adjacent property. 2. The portion of the alley, where access to the roof is desired, should be repaved. Utilities and Fire Department/County Planning: Wastewater: Sewer available to the project. Entergy: No comment received. Center -Point Energy: No comment received. AT & T: No comment received. Item # 11. Central Arkansas Water No objection. Fire Department: Approved as submitted. County Planning: No comment. CATA: The site is located on CATA Bus Route #1 — the Pulaski Heights Route. Planning Division: This request is located in the Heights Hillcrest Planning District. The Land Use Plan shows Commercial for this property. The applicant has applied for a rezoning to Planned Commercial Development. The request does not require a change to the Land Use Plan. Master Street Plan: Kavanaugh Boulevard is a Collector. The primary function of a Collector Street is to provide a connection from Local Streets to Arterials. Ash Street is a Local Street. The primary function of a Local Street is to provide access to adjacent properties. Local Streets which are abutted by non-residential zoning/use or more intensive zoning than duplexes are considered as "Commercial Streets". These streets have a design standard the same as a Collector. These streets may require dedication of right-of-way and may require street improvements for entrances and exits to the site. Bicycle Plan: A Class III is shown along Kavanaugh Boulevard. A Class III bikeway is a signed route on a street shared with traffic. No additional paving or right-of-way is required. Class III bicycle route signage may be required. Neighborhood Action Plan: This area is covered by the Hillcrest Neighborhood Plan. While the plan does not specifically address this issue, it does state a need for "more mixed -use opportunities should be provided within the commercial areas, including parts of Kavanaugh, Markham Street, and Stifft Station. Mixed -use means more opportunities for residential over commercial in existing commercial areas." Landscape: No comment. Revised plat/plan: Submit four (4) copies of a revised preliminary plat/plan (to include the additional information as noted above) to staff on Wednesday, August 19, 2009. Item # 11.