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HomeMy WebLinkAbout1734-P DATE: August 16, 2004 TO: Planning Commission and City Council FROM: Stephen C. Richardson, Planning Manager SUBJECT: Consider a request for a specific use permit to allow a restaurant and retail uses in a GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District. FILE: 1734-P STAFF REPORT The Planning Manager recommends approval of this request subject to the following conditions and with a modification to the landscaping requirements along the north property line: 1. Provide an 8' tall wood screening fence along the north property line. (Planning Manager) 2. Provide the necessary landscaping along the east property line. (Planning Manager) 3. Provide an underground storm sewer pipe drainage system. (City Engineer) Bryan Lee with Dowlen Road Times Square, Ltd., the applicant and property owner, is requesting a specific use permit to allow the construction of a restaurant and retail space on a 1.13 acre tract of land on the west side of Dowlen Road, south of and adjacent to Barrington Heights. The development will include a 7,065 sq. ft. restaurant and 2,607 sq. ft. of retail. Mr. Lee states that the restaurant will feature upscale casual dining. The retail space will offer for sale wines, spirits, gourmet imported oils and other food stuffs. The restaurant will be open daily until 10 p.m. and the wine shop will close by 9 p.m. Monday - Saturday and will be closed all day Sunday. Exhibits are attached. PUBLIC NOTIFICATION Notices mailed to property owners 14 . Responses in Favor . Responses in Opposition . LEGAL DESCRIPTION FOR ORDINANCE PURPOSES Being ANALYSIS CONDITIONS FOR APPROVAL OF SPECIFIC USE PERMIT (SECTION 30-26.E, ZONING ORDINANCE) Application Application is in is not in Comments Compliance Compliance Attached CONDITIONS: 1. That the specific use will be compatible with and not injurious to the use and enjoyment of other property, nor significantly diminish or impair property values within the immediate vicinity; X X 2. That the establishment of the specific use will not impede the normal and orderly development and improvement of surrounding vacant property; X 3. That adequate utilities, access roads, drainage and other necessary supporting facilities have been or will be provided; X 4. The design, location and arrangement of all driveways and parking spaces provides for the safe and convenient movement of vehicular and pedestrian traffic without adversely affecting the general public or adjacent developments; X X 5. That adequate nuisance prevention measures have been or will be taken to prevent or control offensive odor, fumes, dust, noise and vibration; X 6. That directional lighting will be provided so as not to disturb or adversely affect neighboring properties; X 7. That there are sufficient landscaping and screening to insure harmony and compatibility with adjacent property; and X X 8. That the proposed use is in accordance with the Comprehensive Plan. X ANALYSIS continued This application is in conformance with seven of the eight conditions necessary for approval. Comments on Conditions 1, 4 and 7 follow: 4. The proposed restaurant and retail shop will compliment the continued development of high quality commercial uses along this portion of Dowlen Road. 4. The proposed development will share a driveway with the shopping center to the south. The subject property will not have an individual driveway. 7. The site plan shows a 20' wide utility easement along the north side of the subject property and a 10' wide utility easement along the Dowlen frontage. 10' and 6' of those easements, respectively, must be landscaped as per the Zoning Ordinance. Overhead utility lines begin approximately 209' west of the property=s east property line. Entergy, as per Sam Bethea, opposes anything but shrubs in the utility easement on the north side due to the interference that trees have with overhead lines. 6' to 7' fences exist along the north property line. The specific use permit that was granted for the retail store to the west of the subject property specified trees and an 8' tall wood screening fence along its north property line. The Planning Manager recommends an 8' tall wood screening fence along the subject property=s north property line. GENERAL INFORMATION/PUBLIC UTILITIES APPLICANT: Dowlen Road Times Square, Ltd. PROPERTY OWNER: Same LOCATION: West side of Dowlen Road, immediately south of Barrington Heights EXISTING ZONING: GC-MD-2 (General Commercial-Multiple Family Dwelling-2 ) District PROPERTY SIZE: 1.1364 acres, more or less EXISTING LAND USES: Vacant FLOOD HAZARD ZONE: A X @ - Areas determined to be outside 500-year floodplain SURROUNDING LAND USES: SURROUNDING ZONING: NORTH: Residential RS (Residential Single Family Dwelling) District EAST: Commercial PUD (Planned Unit Development) District SOUTH: Commercial GC-MD-2 (General Commercial-Multiple Family Dwelling) District WEST: Vacant GC-MD-2 GENERAL INFORMATION/PUBLIC UTILITIES continued COMPREHENSIVE PLAN: Neighborhood Growth Unit/District Center OTHER PHYSICAL FEATURES: None STREETS: Dowlen Road - major arterial with a 100' wide right-of-way and 4 lanes divided. DRAINAGE: Curb and gutter WATER: 12" water line SANITARY SEWER SERVICE: 27" sanitary sewer line FIRE PROTECTION: Fire protection is provided by Stations #4 and # 9. ADEQUACY OF SERVICE: Services are adequate.