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HomeMy WebLinkAboutZ-8927 Staff AnalysisJUNE 30, 2014 ITEM NO.: A File No.: Z-8927 Owner: Peartree, Inc. Applicant: Robert Tucker Address: 3604/3612/3700 Kavanaugh Blvd. Description: Northeast Corner of Kavanaugh Blvd. and North Lookout Road Zoned: C-3 Variance Requested: Variances are requested from the parking provisions of Section 36- 502 and 36-507 to allow a reduced number of parking spaces for a restaurant use and for more than twenty-five (25) percent of the required parking to be located off -site. Justification: The applicant's justification is presented in an attached letter. Present Use of Property: Vacant Building, Office and Plant Nursery Proposed Use of Property: Restaurant, Office and Plant Nursery STAFF REPORT A. Public Works Issues: • At the time of building permit, provide a drainage plan and information as to the adequacy of the downstream drainage system. If the site increases stormwater so that the downstream drainage system is not adequate, then stormwater detention will apply. • At the time of building permit, a retaining wall certification is required if the wall is greater than four feet in height. B. Landscape and Buffer Issues: 1. Site plan must comply with the City's minimal landscape and buffer ordinance requirements. 2. A land use buffer will be required when an adjacent property has a dissimilar use of a more restrictive nature. As a component of all land use buffer requirements, opaque screening, whether a fence or other device, a minimum of six (6) feet in height shall be required upon the property line side of the buffer. A minimum of seventy (70) percent of the land use buffer shall be undisturbed. Easements cannot count toward fulfilling this requirement. The plantings, existing and purposed, shall be provided within the landscape ordinance of the city, section 15-81. JUNE 30, 2014 ITEM NO.: A (CON'T. A portion of the property to the east is zoned R5 therefore, a minimum nine (9) foot wide buffer is required along the east property line. The property is located in the City's designated mature area. A 25% reduction of the buffer requirements is acceptable. 3. All new and existing plant materials shall be in good condition at completion of project. Replace any damaged or dead material. 4. A perimeter planting strip is required along any side of a vehicular use area that abuts adjoining property or the right-of-way of any street. One (1) tree and three (3) shrubs or vines shall be planted for every thirty (30) linear feet of perimeter planting strip. 5. The parking area shall be screened from the adjacent right-of-way. 6. One (1) tree shall be provided for each twelve (12) parking spaces in the interior of the parking area. Existing trees and vegetation can be used to satisfy these requirements. 7. An irrigation system shall be required for developments of one (1) acre or larger. 8. The City Beautiful Commission recommends preserving as many existing trees as feasible on this site. Credit toward fulfilling Landscape Ordinance requirements can be given when preserving trees of six (6) inch caliper or larger. C. Staff Analysis: The C-3 zoned property at 3604 Kavanaugh Blvd. is occupied by a one-story commercial building. The property is located at the northeast corner of Kavanaugh Blvd. and N. Lookout Road. The building is comprised of 3,160 square feet of floor area. The owner of this property also owns the property at 3612/3700 Kavanaugh (one tract) which is also zoned C-3 and is occupied by Hocott's Garden Center and a small office building (2,170 square feet). There is a small area of parking behind the building at 3604 Kavanaugh and some on -street parking. A small parking area containing five (5) parking spaces is located behind the Hocott's building, with seven (7) head -in parking spaces located in front of the small office building (partially in the right-of-way). Access drives from N. Lookout Road serve the building at 3604 Kavanaugh and the Hocott's property. The two (2) buildings (3608 and 3610 Kavanaugh Blvd.) between the building at 3604 Kavanaugh and the Hocott's property have separate ownership(s). The applicant is proposing to occupy the building at 3604 Kavanaugh Blvd. with a new restaurant use. As part of the project the parking area behind the building will be improved with new paving (3 spaces). A new parking area will be constructed on the Hocott's property, as noted on the attached site plan. The new parking area will contain 32 paved parking spaces, with an access drive from Kavanaugh Blvd. The existing head -in parking spaces in front of the small office building will be removed and replaced by three (3) parallel on -street spaces. The commercial building at 3604 Kavanaugh has a nonconforming status related to parking. The building has a history of commercial use which requires ten (10) JUNE 30, 2014 ITEM NO.: A ICON'T. off-street parking spaces. Parking for three (3) vehicles exists behind the building, leaving a shortage of seven (7) spaces. Section 36-502(b)(3)c. of the City's Zoning Ordinance requires 31 off-street parking spaces for a 3,160 square foot restaurant. With credit given for the existing nonconforming status, the proposed new restaurant will require 21 additional off-street parking spaces. Section 36- 507(a) allows up to 25 percent of the total parking requirement to be located off - site, with 300 feet of the use they serve. As noted above, a new 32 space parking lot will be constructed on the Hocott's Garden Center property. The Hocotts Garden Center and small office building require 15 off-street parking spaces. This leaves 17 spaces which can be devoted to the new restaurant use, for a total shortage of four (4) spaces. Therefore, the applicant is requesting variances to allow a reduced number of parking spaces and for more than 25 percent of parking requirement to be located off -site. Staff is supportive of the requested parking variances. Staff views the request as reasonable. Parking variances have been granted in the past for restaurants (occupying existing commercial buildings) along Kavanaugh Blvd. from N. University Avenue (Heights) to Walnut Street (Hillcrest). The applicant's proposal leaves a shortfall of only four (4) parking spaces. This does not include the fact that on -street parking does exist along Kavanaugh Blvd. Also, when the restaurant is open during evening hours, the small office building and the Hocott's Garden Center will be closed, leaving more parking available for the restaurant. It is also important to note that the Hillcrest Design Overlay District boundaries are located across N. Lookout Road to the south and across Kavanaugh Blvd. to the west. The Hillcrest DOD requires one-half of the typical parking requirement. If this site were located within the Hillcrest DOD, there would be no variance for an overall shortage of parking spaces. Staff believes the applicant's request to occupy the building at 3604 Kavanaugh Blvd as a restaurant, and the proposed parking plan for the overall property ownership is reasonable and should have no adverse impact on the adjacent properties or the general area. D. Staff Recommendation: Staff recommends approval of the requested parking variance, subject to the following conditions: 1. Compliance with the Public Works requirements as noted in paragraph A. of the staff report. 2. Compliance with the Landscape and Buffer requirements as noted in paragraph B. of the staff report. 3. Signage must be provided directing restaurant patrons to the new parking area. 4. The parking variances are contingent upon the two (2) properties (3604 and 3612/3700 Kavanaugh Blvd.) maintaining the same ownership. If the ownership is ever split, the parking issue must be brought back before the Board of Adjustment for review. JUNE 30, 2014 ITEM NO.: A (CON'T.) BOARD OF ADJUSTMENT (March 31, 2014) Robert Tucker and David Hamilton were present, representing the application. There were six (6) objectors present. Staff presented the application with a recommendation of approval. Robert Tucker addressed the Board in support of the application. He explained the parking plan for the project. He noted that the Hillcrest DOD was located immediately to the south and west and required one-half the typical required parking. He explained that the new parking area would benefit the area. Regina Smith, owner of So restaurant, addressed the Board in opposition. She discussed on -street parking in the immediate area. She noted that her restaurant had valet parking. She presented a petition of opposition to the Board. Chris Stonecipher, employee of So restaurant, also spoke in opposition. He noted safety concerns with restaurant patrons crossing the street at this location. Kyle Pounders, employee of So restaurant, also spoke in opposition. He concurred with two (2) previous speakers. Bo Hawk, owner of the property across Kavanaugh to the west, also spoke in opposition. He explained that So restaurant uses his parking lot after hours. He stated that patrons of the proposed new restaurant would park in his lot. Spencer English, employee of So restaurant, also spoke in opposition. He noted traffic issues in the area. Mary Anderson, employees of So restaurant, also spoke in opposition. She also noted traffic and parking concerns. Mr. Tucker explained that the seven (7) lead-in parking spaces in front of the small office building would be replaced with parallel spaces which will conform to City code. He noted that So restaurant had no off-street parking spaces during the day and one- half the required parking after hours. Rajesh Mehta asked Mr. Tucker if valet parking could be utilized for the new restaurant. Mr. Tucker noted that it would be up to the new restaurant owner. The distance between the new restaurant building and the new parking area was discussed. There was a brief discussion between the Board and staff regarding the parking requirements and off -site parking allowances. The issue was discussed further. Chairman Yates noted that he could not support the application. Rajesh Mehta noted that he could not support the application without valet parking. Mr. Tucker asked to defer the application to the April 28 agenda, so that the restaurant owner could be present to address the valet parking issue and neighbor concerns. JUNE 30, 2014 ITEM NO.: A CON'T. There was a motion to defer the application to the April 28, 2014 agenda. The motion passed by a vote of 4 ayes, 0 nays 0 absent and 1 abstention (Smith). The application was deferred. BOARD OF ADJUSTMENT (April 28, 2014) The applicant was not present. Staff informed the Board that the applicant had requested deferral of the application to the May 19, 2014 agenda, as the property owner could not be present at this meeting. Staff supported the deferral request. Bo Hawk addressed the Board and objected to the deferral request. The issue of deferral was discussed. Jerry Sears also addressed the Board, objecting to the deferral request. Jan Bowman also spoke in opposition to the deferral request. There was motion to defer the application to the May 19, 2014 agenda. The motion was passed by a vote of 4 ayes, 0 nays, 0 absent and 1 abstention (Smith). The application was deferred. BOARD OF ADJUSTMENT (May 19, 2014) Chris Travis, Robert Tucker and others were present, representing the application. There were several persons present in opposition and several persons present in support. Staff presented the application, noting that the application had been revised by the applicant. Staff noted that the number of parking spaces in the new proposed lot had been increased from 27 to 31. Staff noted that with the increase in spaces, the variance for total number of spaces had been eliminated. Staff noted that the overall number of spaces, as revised, conformed to ordinance standards. Staff noted that the only remaining variance was to have more than 25 percent of the required parking being located off site. Chris Travis addressed the Board in support of the application. He noted that there were a number of other businesses in the area with deficient parking. He explained that approval of the parking variance would solve the parking issues for three (3) of the buildings (3604, 3612 and 3700 Kavanaugh) in the area. He briefly discussed the number of parking spaces currently on the site. Rajesh Mehta asked if the restaurant would have valet parking. Mr. Travis explained that valet parking would not be necessary because they are providing the required parking. Jim Mauney, of Hocatt's Garden Center, spoke in support. He explained that the new parking area would benefit his business as well as the proposed restaurant. Mark Abernathy addressed the Board. He referred to a previous court case, and noted that the property had a hardship based on the case. JUNE 30, 2014 ITEM NO.: A CON'T. Jacy Daugherty addressed the Board in support of the applicant. He noted that he was a tenant of 3700 Kavanaugh Blvd. He noted that the new parking lot would benefit his business and create safer parking in the area. Timothy O'Brien spoke in opposition. He stated that he provided valet parking for So restaurant. He stated that the proposed new parking lot would not solve the parking problem in the area. David Vandergriff, attorney for So restaurant, also spoke in opposition. He noted that his opposition was not about competition. He noted issues regarding safety and parking. He discussed police incident reports for the area. Regina Smith, owner of So restaurant expressed concern about the traffic pattern and parking in the area. John Flake, representing Mount St. Mary's school, explained that the school was opposed to the parking variance. James Walter, of Grace Lutheran Church, expressed concern with the amount of parking and safety in the area. Bo Hawk also spoke in opposition. He discussed the previous deferral and amendment to the application. Erin Cassinelli also spoke in opposition. She submitted a letter and signatures of persons in opposition. Gina Dougherty also spoke in opposition. She expressed concerns with safety and traffic in the area. She discussed the traffic pattern in the area and noted a concern with noise. Chris Travis explained that the property had hardship because the property was completely developed with little parking. Rajesh Mehta explained that he had visited the property at various times during the day. He noted that he could not vote to deny the application based on the addition of the new parking lot. There was a brief discussion regarding the So restaurant hours. There was a motion to approve the application, as amended and recommended by staff. The motion failed by a vote of 2 ayes, 1 nay, 1 absent and 1 abstention (Smith). The application was deferred to the June 30, 2014 agenda, based on the fact that there were not three (3) votes for or against. JUNE 30, 2014 ITEM NO.: A CON'T. BOARD OF ADJUSTMENT (June 30, 2014) Chris Travis, Robert Tucker and others were present, representing the application. There were several persons present in opposition and several persons present in support. Staff briefly presented the application with a recommendation of approval, noting the revised plan as presented at the May 19, 2014 Board meeting. Chris Travis addressed the Board in support of the application. He explained that only variance requested was to allow more than 25 percent of the required parking to be located off -site. He explained how close the two (2) properties were to being contiguous. He noted that the proposed restaurant use was adding off-street parking along Kavanaugh Blvd., where most other businesses along this street have not been required to do so. He stated that staff supported the variance and explained. He noted that the Hillcrest Residents Association and the Hillcrest Merchants Association had no issues with the variance request. He briefly discussed the parking requirement and referred to the Hillcrest Design Overlay District standards. He explained that the proposed use of 3604 Kavanaugh Blvd. was a restaurant that serves alcohol. He noted that any "Happy Hour" would not begin before 5:00 p.m. He noted that any use of the property would not comply with the parking requirements. Scott Smith also spoke in support of the application. He referred to the concept of "New Urbanism" and explained that the proposed use of the existing building was in keeping with this concept. He noted that the property was just outside the Hillcrest DOD which required one-half the typical parking requirement. Jerry Sears spoke in opposition. He explained that EJ's restaurant had a delivery service and urged the Board to vote against the variance. Bo Hawk also spoke in opposition. He expressed concern with traffic in the area. Patrick Barker also spoke in opposition. He expressed concern with the existing parking problem in the area. Karen Flake, President of Mt. St. Mary Academy, also spoke in opposition. She expressed concern with traffic congestion at the intersection of Kavanaugh Blvd. and N. Lookout Street. She also expressed concern with on -street parking in the area near the school. Edward Oglesby also spoke in opposition. He expressed concern with additional traffic and parking around the Mt. St. Mary's school. He noted that increased traffic the restaurant would create would cause problems. Melanie Fox also spoke in opposition. She explained that the traffic created by the restaurant would create a problem. David Stalnaker also spoke in opposition. He explained that traffic and on -street parking was an existing problem for the area. JUNE 30, 2014 ITEM NO.: A (CON'T.) Erin Cassinelli also spoke in opposition. She speculated that persons would not use the proposed new parking area and explained. Chris Travis explained that the proposed new parking area will help the parking situation in the entire area. Bob Winchester asked about the delivery service for the restaurant. Mr. Travis stated that there would be a delivery service and that it would probably use the parking behind the building. Vice -Chairman Wingfield stated that he did not support the application. He stated that he could not support adding more traffic to the area. Rajesh Mehta noted that he did support the parking variance. He referred to other restaurants along Kavanaugh Blvd. which had been granted parking variances in the past. Bob Winchester also noted that he supported the application. He explained that the issue before the Board was parking, not traffic Carolyn Lindsey Polk noted that she would be abstaining, based on the fact that she was not on the Board during the first two (2) public hearings on this application. Staff added a fifth condition to their recommendation as follows: 5. The restaurant use at 3604 Kavanaugh Blvd. will have no "Happy Hour" use beginning before 5:00 p.m. A motion was made to approve the application as recommended by staff. The vote was 2 ayes, 1 nay, 1 absent and 1 abstention (Lindsey Polk). Based on the fact that the application did not receive three (3) votes either for or against on its second appearance before the Board, the application was automatically denied.