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HomeMy WebLinkAboutS-0702 Staff AnalysisNAME: Whitewater "Short -form PCD" (Z-4704) LOCATION: 7th & Thayer Streets AGENT/DEVELOPER: Geoff Treece/Rick's, Inc. ZONING: R-3/I-2 to PCD Planned Commercial District EXISTING STATUS: Restaurant/Bar PROPOSED: Restaurant/Bar STAFF_RECOMMENDAT_ION_: Denial as filed. Staff felt that this was an expansion of a nonconforming use. -TANNING CDM I SS IN_ ACTION : Approval as amended, subject to: (1) Providing fencing & landscaping in 30 days, (2) Improving the parking lot within one year. The vote 9 ayes, 2 noes and 0 absent. (No votes - Sipes, Nicholson) Reasons for disagreeing with staff: (1) Trade-offs offered were in the best interest of the neighborhood, (2) Current I-2 zoning would allow uses more detrimental than the tavern, (3) Structure has been in existence for over 40 years and the Court determination that it will continue to be in existence. NAME: LOCATION: AGENT: Geoff Treece Phone: 374-9977 nPvPr_nnPn . Ricks, Inc./Larry Garrison 7th and Thayer Little Rock, AR 72205 Phone: 374-3801/834-2122 AREA: 33,298 sq. ft. Whitewater "Short -Form PCD" (Z-4704) 7th and Thayer Streets DESIGNER: Paul Davenport Phone: 376-4411 NO. OF LOTS: ZONING: 11R-3, 11R-2, "I-2" to PCD PROPOSED USES: Commercial Restaurant FT. NEW ST.: 0 A. Pro osal (1) To provide continued use of a commercial restaurant building on 33,298 square feet. (2) To provide a paved parking area. (3) To enhance the site through landscaping, fencing and paving. (4) To allow for the addition of a barbeque smoker, which increases the building size from 2800 square feet to 2965. (5) Parking includes 28 spaces. (6) Landscaping/screening - 6' wooden privacy fence will be built to the relic and along the south side of the building and between the existing building and a house just north of the northern boundary line. Z-4704 -Continued (7) Development schedule -- Fencing, landscaping - 1 year - Curb, gutter and parking lot - 2 years B. Engineering Comments (1) No exterior landscaping has been shown around the parking lot. (2) Street improvements and right-of-way on Thayer Street shall be required. (3) Detention calculations and detention facility locations shall be shown on the preliminary plat. (4) Parking lot shall be redesigned in the area of the railroad right-of-way, due to inadequate turning radius. Contact the Traffic Department. C. Analysis This is currently a nonconforming use with a long history of dealings with the City. Further information will be provided at the meeting. The parking lot is inadequate. D. Staff Recommendation To be provided at the meeting. SUBDIVISION COMMITTEE REVIEW: The applicant was informed that he needs 30 parking spaces. Land use was identified as the predominant issue. PLANNING COMMISSION ACTION: Staff stated its recommendation as denial and explained that this was a nonconforming use, with no parking that had been Z-4704 - Continued expanded without benefit of a building permit. The expansion was cited by the Enforcement Department. The item was then taken to the Board of Adjustment for interpretation.. They ruled that it was, indeed, nonconforming. Mr. Geoff Treece of Davidson Law Firm represented the applicant. He explained that they were under contract with Sims Barbecue, who was operating from an existing slab on the back of the kitchen of the building. The State Health Department informed them that it would have to be screened and covered. They did not feel that it was an expansion because of the existing slab. After the Board of Adjustment disagreed, they were informed that their only alternative was to seek rezoning. He went on to explain that this proposal added a parking lot with 37 spaces, curb and guttering and fence. It was an attempt to upgrade the area. Commissioner Jones identified the issue as one of use and whether the Commission would allow continued use. Mr. Treece's response was that they were trying to upgrade the area and provide the City with a trade-off, or a concession to the City since they were going to be there regardless of whatever this Commission took. Their wish, also, was not to inconvenience their relationship with Sims Barbecue. If a trade-off was denied, then there would be still a gravel parking lot and no curb/guttering. He felt that this was the best use for the property. A revised plan addressing Engineering concerns was presented. Staff reported that Mr. Steve Turnaprovitch, who lived next door to the restaurant, had called and stated opposition. The neighborhood was represented Ms. Pilachowski of 2612 West 6th Street, a member of the C.D.B.G. Committee of the area. She explained that they were very upset that the applicant was asking for approval after the addition had been made. She felt that this would interfere with traffic, and parking in the area and be detrimental to the enjoyment and use of the property of residents in the area. She disagreed with Mr. Treece's claim that this was the best use for the property. She felt that fesidential use was best. Also, there was a complaint that this was not in the best interest of the neighborhood since those residents did not frequent the bar. She felt it served mostly patrons from other areas like the Heights and Pleasant Valley. Mention was made of the extreme amount of smoke that was a nuisance to the area. a Z-4704 - Continued The Commission then entered into a discussion of the issue. It was noted that it was now zoned for a more intense use ( "I-2" ) than would be provided if this PCD was approved. One Commissioner felt that previous consideration of this case yielded a strong stand against commercial rezoning of the property; thus, resulting in the granting of a conditional use permit. Another felt that this submission provided a substantial difference since it provided an opportunity to upgrade the area and restrict the use of the property to a less intensive use by eliminating the "I-2" zoning on the parking lot property. It was felt that the trade-off presented more positives than negatives. Further discussion yielded more comments from the Commission referring to the extensive amount of time spent considering the nonconforming status of this property, and expressing concern that the applicant still constructed an illegal expansion. It was noted that the industrial use on this property would not be offensive, since it would probably consist of a lumber storage yard at the most; and to allow additional parking would encourage continued success of the business and create more traffic. Commissioner Jones felt that t their part of the bargain and set by giving them credibility zoning. Commissioner Ketcher use of the land. he applicant had not held up a dangerous precedent would be through approving commercial felt that the presented a good A motion for approval was made and automatically deferred for 30 days because of a split vote. The vote: 4 ayes, 4 noes and 3 absent. SUBDIVISION COMMITTEE REVIEW: The applicant was not present. discussion of the item. (8-28-86) There was no further Z-4704 - Continued PLANNING COMMISSION ACTION: (9-9-86) The application was presented by Mr. Geoff Treece. Staff reported that a letter in opposition had been received from the C.D.B.G. Committee. Mr. Treece stated that he had received six letters favorable to the proposal from owners within 200 feet of the site. He sent letters to owners of 19 tracts, four of which are owned by the State or City. He also stated disagreement with the opposing letter from the C.D.B.G. Committee, since he felt that this was not an expansion of a nonconforming use, but an improvement to the area. He also stated that the Courts had recognized that the structure would continue to be at its present location. He felt that the proposal offered a trade-off to the City and would allow the continued business relationship with Sims' Barbecue which was vital to the success of the business. Mrs. Dorothy Pilachowski represented the C.D.B.G. Committee. She questioned whether the letters sent were to owners or renters. She was informed that the abstract list was the source of the names. She also reiterated the opposing views expressed by the C.D.B.G. Committee. Mr. Mike Turnaprovitch, who lives on property abutting the Whitewater requested a privacy fence adjacent to his property and the removal of a dumpster nearby that currently attracts flies. He asked that the fence be built in less than one year as proposed by the applicant. The applicant agreed. Mr. Leland Sikes of 201 Thayer was concerned about the high volume of traffic during happy hour and the large liquor trucks going to and from the site. He initially asked that something be done to curtail traffic. The Traffic Engineer, however, felt that STOP signs and other measures were not appropriate for addressing the problem mentioned. Mr. Sikes then revised his comments and asked for denial of the request, which would solve the traffic problem by eliminating the business. r A motion for approval as amended was made, subject to: (1) providing fencing and landscaping in 30 days and (2) providing improvement of the parking lot within one year. The motion passed by a vote of 9 ayes, 2 noes and 0 absent (no votes - Sipes, Nicholson). +- f11�� .e - 1'-•.�.: �.. %:ti:• .•S�' .r:;e'�e;L.:�i';syyy,..,,.::.•ti•� �::._ .7;;:i.f`n7^�F�Xi.�-'+:_ a �`��gg Z-4704 - Continued Reasons for disagreement with staff were based on a belief that the trade-offs offered were in the best interests of the neighborhood. It was felt that the current "I-2" zoning would allow uses more detrimental than The Tavern, the fact that the structure has been in existence for over 40 years, and that it will continue to be in existence (as determined by the courts) also had an impact. September 9, 1986 SUBDIVISIONS Item No. C _ NAME: LOCATION: AGENT: Geoff Treece Phone: 374-9977 r%c+Trc+r nnan . Whitewater "Short -Form PCP" (Z-4704) 7th and Thayer Streets r%"0Tf%%TVn. Paul Davenport Phone: 376-4411 Rick's, Inc./Larry Garrison 7th and Thayer` Little Rock, AR 72205 Phone: 374-3801/834-2122 AREA: 33,298 sa. ft. NO. OF LOTS: ZONING: "R-3, "R-2, "I-2" to PCD PROPOSED USES: Commercial Restaurant FT. NEW ST.: 0 A. Proposal (1) To provide continued use of a commercial restaurant buildinq on 33,298 square feet. (2) To provide a paved parking area. (3) To enhance the site through landscaping, fencing and paving. (4) To allow for the addition of a barbeq ue smoker, which increases the building size from 2800 square feet to 2965. (5) Parking includes 28 spaces. (6) Landscaping/screening - 6' wooden privacy fence will be built to the rear and along the south side of the building and between the existinq building and a house just north of the northern boundary line. September 9, 1986 SUBDIVISIONS Item No. C - Continued (7) Development schedule - Fencing, landscaping - 1 year - Curb, gutter and parking lot - 2 years B. Engineering Comments (1) No exterior landscaping has been shown around the parking lot. (2) Street improvements and right-of-way on Thayer Street shall be required. _ (3) Detention calculations and detention facility locations shall be shown on the preliminary plat. ( 4 ) Parking lot shall be redesigned in the area of the railroad right-of-way, due to inadequate turning radius. Contact the Traffic Department. C. Analysis This is currently a nonconforming use with a long history of dealings with the City. Further information will be provided at the meeting. The parking lot is inadequate. D. Staff Recommendation To be provided at the meeting. SUBDIVISION COMMITTEE REVIEW: The applicant was informed that he needs 30 parking spaces. Land use was identified as the predominant issue. PLANNING COMMISSION ACTION: Staff stated its recommendation as denial and explained that this was a nonconforming use, with no parking that had been September 9, 1986 SUBDIVISIONS Item No. C - Continued The Commission then entered into a discussion of the issue. It was noted that it was now zoned for a more intense use ("I-2") than would be provided if this PCD was approved. One Commissioner felt that previous consideration of this case yielded a strong stand against commercial rezoning of the property; thus, resulting in the granting of a conditional use permit. Another felt that this submission provided a substantial difference since it provided an opportunity to upgrade*the area and restrict the use of the property to a less - intensive use by eliminatinq the "I-2" zoninq on the parking lot property. "It was felt that the trade-off presented -more positives than negatives. Further discussion yielded more comments from the Commission referring to the extensive amount of time spent considering the nonconforming status of this property, and expressing concern that the applicant still constructed an illegal expansion. It was noted that the industrial use on this property would not be offensive, since it would probably consist of a lumber storage yard at the most; and to allow additional parking would encouracre continued success of the business and create more traffic. Commissioner Jones felt that the applicant had not held up their part of the bargain and a dangerous precedent would be set by giving them credibility through approving commercial zoning. Commissioner Ketcher felt that the presented a good use of the land. A motion for approval was made and automatically deferred for 30 days because of a split vote. The vote: 4 ayes, 4 noes and 3 absent. i SUBDIVISION COMMITTEE REVIEW: (8-28-86) The applicant was not present. There was no further discussion of the item. September 9, 1986 SUBDIVISIONS Item No, C - Continued expanded without benefit of a building Permit- The expansion was ci ted by the Enforcement Department. The item for was then taken • toTheyrthe Board of Adjustment thatitwas, indeed, interpretation. ted the Kr. Geoff Treece of Davidson that theyaw iw werm re under n contract with applicant. He explained slab on Sims Barbecue- who was operating from an existing the back of the kitchen of the building. The State Health Department informed them that ltthatilathwas an expansioned and covered. They did not fee because of the existing slab. After the Board alternativeent disagreed, they were informed tthat tthexplainthat this was to seek ,rezoning. He wen parking t with 37 spaces, curb and proposal added a p lot ttempt to upgrade the area. guttering and fence. It was an a Commissioner Jones identified theWissue auednuse. of use grid whether the Commission would al were trying to upgrade ontin Mr. Treece's response was that they the area and provide the City they weereragoingf to be there concession to the City sOr a ince they with Sims hr regardless of whatever this theirissiorelatianshipn took. lr wis also, was not to inconvenience He felt uld be Barbecue. If a trade-off wanddnoicdrb%gutteringg.woHe still a gravel parking lot A revised plan that this was the best use for the property. resented. Staff addressing Engineering concerns was P indPandistatedho liv opposia reported that Mr. Steve Tuion.next door to the restaurant, had cal i Of The neighborhood was rapmembereofMthepC.D.B.G. Committeeof 2612 West 6th Street, were very upset that the area. She explained that they applicant was asking for approval after the addition had been made. She felt that this wouldetrdimentalftoethetenoyment, and parking in the area and be and use of the property of residents in the area. She disagreed with i�lr. Treecelt claim tht this that residentialwuse as twas best - for the property. She felt not in Also, there was a camplalnadtsinceat h those residents hdid not interest of the neighborho d mostly patrons from frequent the bar. she felt it serveMention other areas like the Heights and ofpsmokenthatlwas . a nuisance was made of the e to the area. September 9, 1986 SUBDIVISIONS Item No. C - Continued PLANNING COMMISSION ACTION: (9-9-86) The application was presented by Mr. Geoff Treece. Staff reported that a letter in opposition had been received from the C.D.B.G. Committee. Mr. Treece stated that he had received six letters favorable to the proposal from owners within 200 feet of the site. He sent letters to owners of 19 tracts, four of which are owned by the State or City. He also stated disagreement with the opposing letter from the C.D.B.G. Committee, since he felt that this was not an expansion of a nonconforming use, but an improvement to the area. He also stated that the Courts had recognized that the structure would continue to be at its present location. He felt that the proposal offered a trade-off to the City and would allow the continued business relationship with Sims' Barbecue which was vital to the success of the business. Mrs. Dorothy Pilachowski represented the C.D.B.G. Committee. She questioned whether the letters sent were to owners or renters. She was informed that the abstract list was the source of the names. She also reiterated the opposing views expressed by the C.D.B.G. Committee. Mr. Mike Turnaprovitch, who lives on property abutting the Whitewater requested a privacy fence adjacent to his property and the removal of a dumpster nearby that currently attracts flies. He asked that the fence be built in less than one year as proposed by the applicant. The applicant agreed. Mr. Leland Sikes of 201 Thayer was concerned about the high volume of traffic during happy hour and the large liquor trucks going to and from the site. He initially asked that something be done -,to curtail traffic. The Traffic Engineer, however, felt that STOP signs and other measures were not appropriate for addressing the problem mentioned. Mr. Sikes then revised his comments and asked for denial of the request, which would solve the traffic problem by eliminating the business. A motion for approval as amended was made, subject to: (1) providing fencing and landscaping in 30 days and (2) providing improvement of the parking lot within one year. The motion passed by a vote of 9 ayes, 2 noes and 0 absent (no votes - Sipes, Nicholson). September 9, 1986 SUBDIVISIONS Item No. C - Continued Reasons for disagreement with staff were based on a belief that the trade-offs offered were in the best interests of the neighborhood. It was felt that the current "I-2" zoning would allow uses more detrimental than The Tavern, the fact that the structure has been in existence for over 40 years, and that it will continue to be in existence (as determined by the courts) also had an impact. NAME: LOCATION: AGENT: Geoff Treece Phone: 374-9977 1 -1- l --- Rick's, Inc./Larry,Garrison 7th and Thayer Little Rock, AR 72205 Phone: 374-3801/834-2122 Whitewa er "Short -Form PCD" (Z-4704]_ 7th and Thayer Streets Paul Davenport Phone: 376-4411 AREA: 33,298 sq. ft. NO. OF LOTS: ZONING: "R-3, "R-2,'"I-2" to PCD PROPOSED USES: Commercial Restaurant A. Proposal FT. NEW ST.: 0 (1) To provide continued use of a commercial restaurant building on 33,298 square feet. (2) To provide a paved parking area. (3) To enhance the site through landscaping, fencing and paving. (4) To allow for the addition of a barbeque smoker, which increases the building size from 2800 square feet to 2965. (5) Parking includes 28 spaces. (6) Landscaping/screening - 6' wooden privacy fence will be built to the regr and along the south side of the building and between the existing building and a house just north of the northern boundary line. Z-4704 - Continued (7) Development schedule - Fencing, landscaping - 1 year - Curb, gutter and parking lot - 2 years B. Engineering Comments (1) No exterior landscaping has been shown around the parking lot. (2) Street improvements and right-of-way on Thayer Street shall be required. (3) Detention calculations and detention facility locations shall be shown on the preliminary plat. ( 4 ) Parking lot shall be redesigned in the area of the railroad right-of-way, due to inadequate turning radius. Contact the Traffic Department. C. Analysis This is currently a nonconforming use with a long history of dealings with the City. Further information will be provided at the meeting. The parking lot is inadequate. D. Staff Recommendation To be provided at the meeting. SUBDIVISION COMMITTEE REVIEW: The applicant was informed that he needs 30 parking spaces. Land use was identified as the predominant issue. PLANNING COMMISSION ACTION: Staff stated its recommendation as denial and explained that this was a nonconforming use, with no parking that had been Z-4704 --- Continued expanded without benefit of a building permit. The expansion was cited by the Enforcement Department. The item was then taken to the Board of Adjustment for interpretation.. They ruled that it was, indeed, nonconforming. Mr. Geoff Treece of Davidson Law Firm represented the applicant. He explained that they were under contract with Sims Barbecue, who was operating from an existing slab on the back of the kitchen of the building. The State Health Department informed them that it' would have to be screened and covered. They did not feel that it was an expansion because of the existing slab. After the Board of Adjustment disagreed, they were informed that their only alternative was to seek rezoning. He went on to explain that this proposal added a parking lot with 37 spaces, curb and guttering and fence. It was an attempt to upgrade the area. Commissioner Jones identified the issue as one of use and whether the Commission would allow continued use. Mr. Treece°s response was that they were trying to upgrade the area and provide the City with a trade-off, or a concession to the City since they were going to be there regardless of whatever this Commission took. Their wish, also, was not to inconvenience their relationship with Sims Barbecue. If a trade-off was denied, then there would be still a gravel parking lot and no curb/guttering. He felt that this was the best use for the property. A revised plan addressing Engineering concerns was presented. Staff reported that Mr. Steve Turnaprovitch, who lived next door to the restaurant, had called and stated opposition. The neighborhood was represented Ms. Pilachowski of 2612 West 6th Street, a member of the C.D.B.G. Committee of the area. She explained that they were very upset that the applicant was asking for approval after the addition had been made. She felt that this would interfere with traffic, and parking in the area and be detrimental to the enjoyment and use of the property of residents in the area. She disagreed with Mr. Treece`s claim that this was the best use for the property. She felt that residential use was best. Also, there was a complaint that this was not in the best interest of the neighborhood since those residents did not frequent the bar. She felt it served mostly patrons from other areas like the Heights and Pleasant Valley. Mention was made of the extreme amount of smoke that was a nuisance to the area. Z-4704 - Continued The Commission then entered into a discussion of the issue. It was noted that it was now zoned for a more intense use ( "I-2" ) than would be provided if this PCD was approved. One Commissioner felt that previous consideration of this case yielded a strong stand against commercial rezoning of the property; thus, resulting in the granting of a conditional use permit. Another felt that this submission provided a substantial difference since it provided an opportunity to upgrade the area and restrict the use of the property to a less intensive use by eliminating the "I-2" zoning on the parking lot property. It was felt that the trade-off presented more positives than negatives. Further discussion yielded more comments from the Commission referring to the extensive amount of time spent considering the nonconforming status of this property, and expressing concern that the applicant still constructed an illegal expansion. It was noted that the industrial use on this property would not be offensive, since it would probably consist of a lumber storage yard at the most; and to allow additional parking would encourage continued success of the business and create more traffic. Commissioner Jones felt that t their part of the bargain and set by giving them credibility zoning. Commissioner Ketcher use of the land. he applicant had not held up a dangerous precedent would be through approving commercial felt that the presented a good A motion for approval was made and automatically deferred for 30 days because of a split vote. The vote: 4 ayes, 4 noes and 3 absent. SUBDIVISION COMMITTEE REVIEW: The applicant was not present. discussion of the item. (8-28-86) 1. There was no further Z-4704 - Continued PLANNING COMMISSION ACTION: (9-9-86) The application was presented by Mr. Geoff Treece. Staff reported that a letter in opposition had been received from the C.D.B.G. Committee. Mr. Treece stated that he had received six letters favorable to the proposal from owners within 200 feet of the site. He sent letters to owners of 19 tracts, four of which are owned by the State or City. He also stated disagreement with the opposing letter from the C.D.B.G. Committee, since he felt that this was not an expansion of a nonconforming use, but an improvement to the area. He also stated that the Courts had recognized that the structure would continue to be at its present location. He felt that the proposal offered a trade-off to the City and would allow the continued business relationship with Sims' Barbecue which was vital to the success of the business. Mrs. Dorothy Pilachowski represented the C.D.B.G. Committee. She questioned whether the letters sent were to owners or renters. She was informed that the abstract list was the source of the names. She also reiterated the opposing views expressed by the C.D.B.G. Committee. Mr. Mike Turnaprovitch, who lives on property abutting the Whitewater requested a privacy fence adjacent to his property and the removal of a dumpster nearby that currently attracts flies. He asked that the fence be built in less than one year as proposed by the applicant. The applicant agreed. Mr. Leland Sikes of 201 Thayer was concerned about the high volume of traffic during happy hour and the large liquor trucks going to and from the site. He initially asked that something be done to curtail traffic. The Traffic Engineer, however, felt that STOP signs and other measures were not appropriate for addressing the problem mentioned. Mr. Sikes then revised his comments and asked for denial of the request, which would solve the traffic problem by eliminating the business. A motion for approval as amended was made, subject to: (1) providing fencing and landscaping in 30 days and (2) providing improvement of the parking lot within one year. The motion passed by a vote of 9 ayes, 2 noes and 0 absent (no votes - Sipes, Nicholson). Z-4704 - Continued Reasons for disagreement with staff were based on a belief that the trade-offs offered were in the best interests of the neighborhood. It was felt that the current "I-2" zoning would allow uses more detrimental than The Tavern, the fact that the structure has been in existence for over 40 years, and that it will continue to be in existence (as determined by the courts) also had an impact.