SITE PLAN REVIEW

September 28, 2004

 

A.                 SUMMARY

 

SP-08-53-04: A revised site plan to add a fenced outdoor patio area at Louise’s West, 1307 W. 7th Street. Submitted by Paula Mather for Larry Hogan and Don McClure, property owners of record.  This property is within the building permit moratorium area.  City Commission approval is conditioned upon the requirement that issuance of a building permit provides for no addition to the building footprint and an eight foot fence.

 

B.        GENERAL INFORMATION

 

Current Zoning and Land Use:

C-5 (Limited Commercial) District; Existing licensed premises and separate single-family house.

 

Surrounding Zoning and Land Use:

North: RM-2 (Residential Multiple-family) District; Apartment Complex.

 

East and South: C-5 (Limited Commercial) District; Single-family homes.

 

West: C-5 (Limited Commercial) District; Office Building.

 

Site Summary:

Lot Area:

 6,350 Square Feet

Existing Occupancy:

 73 persons 

Proposed Occupancy:

 Same as existing, 73 persons

Existing fenced outdoor smoking area:

 None

Proposed fenced outdoor smoking area:

25’ x 26’ area, enclosed with 8’ high fence

Required Off-Street Parking

21 parking spaces

Off-Street Parking Provided:

 4 parking spaces

 

Staff Recommendation: Planning staff recommend approval of the site plan subject to the following conditions:

 

1.      Execution of a site plan performance agreement per Section 20-1433.

 

2.      Issuance of a building permit provides for no addition to the building footprint and an eight foot fence.

 

3.      Provide the following notes on the site plan:

a.               Live or recorded music shall not be played to create a nuisance for the neighborhood;

b.               The property owner shall be responsible for policing the area to keep it clean from litter and trash generated by this use;

c.               The property owner shall be responsible for insuring the containment of alcoholic beverages on the premises. The applicant has stated that alcohol will not be permitted in the outdoor smoking area;

d.               The applicant agrees to remove the fencing and outdoor patio area if there are legitimate complaints from neighbors pertaining to trash, litter or noise problems; complaints to be reviewed by the City Commission;

e.               Any outside lighting to be shielded so as not to glare offsite; and

f.                No increase to the existing maximum occupancy level will result from the fenced outdoor smoking area.

 

C.        STAFF REVIEW

 

Louise’s West is an existing licensed premises located at 1307 W. 7th Street, within a C-5 Limited Commercial zoning district. The applicant is proposing to construct a fenced 25’ x 26’ outdoor smoking area to be used by their customers. The request stems from the recent ban on smoking within places of employment. A letter from the applicant detailing their request is attached.

 

The existing maximum occupancy of the licensed premises is 73 persons. No change to the maximum occupancy is permitted by the approval of the outside smoking area.

 

The property owner of the licensed premises is also the owner of the residence located on the east side of the lot.

 

ISSUES INVOLVED WITH THE REQUEST:

 

Potential for additional noise near residential area:

 

This C-5 Limited Commercial property is surrounded by single and multiple-family residences. The creation of an outdoor smoking area for use by the customers of the bar has the potential for generating additional noise for the nearby residential or area. Closing time for the bar can be as late as 2 A.M. Conditions should be required that “Live or recorded music shall not be played to create a nuisance for the neighborhood”; and “The applicant agrees to remove the fencing and outdoor patio area if there are legitimate complaints from neighbors pertaining to trash, litter or noise problems; complaints to be reviewed by the City Commission”.

 

Potential for additional light glare:

 

There is existing residential property behind the site and a two story apartment complex across the street. There will need to be exterior lighting for the enclosed outdoor smoking area. A condition should be required for any outside lighting to be shielded so as not to glare offsite.

 

Temporary Moratorium Area

 

The City Commission has enacted a Temporary Building Permit Moratorium for property bounded by 7th Street on the south, California on the west, 5th Street on the north, and Alabama Street on the east, including contiguous properties within one hundred (100) feet of such street boundaries. This site is located on the south side of 7th Street and is included within the 100’ contiguous properties area.

 

The moratorium states that otherwise valid building permits may be issued for any and all projects in the Temporary Moratorium Area if the project does not increase the size or footprint of the existing building or structure.

 

The project is to fence in part of the sideyard for an outdoor smoking area. As the revised site plan will not increase the size or footprint of the existing building and the existing maximum occupancy of 73 persons for the licensed premises will not change, the Temporary Building Permit Moratorium would not be triggered.

 

Neighborhood Resources has communicated that the proposed outdoor smoking area would not require a building permit for the construction of a fence 6’ high or less. However, the applicant proposes to construct an 8’ high fence to help prevent the passing of any items over the fence and will need to obtain a building permit for the fence.

 

PRIOR ACTION

·         SP-10-59-92: Revised site plan for 8’ high wooden fence along the south property line. Application withdrawn by applicant.

·         SP-10-54-91: Approved site plan for cooler and trash area relocation.

 

 

 

1307 W. 7th Street, Aerial - March 2003

 

D.        Findings

 

Per Section 20-1432 staff shall first find that the following conditions have been met:

 

(a)      That the proposed use is a permitted use in the district in which the property is located;

 

The property is within a C-5 (Limited Commercial) District, a district which permits a licensed premises.

 

(b)      That the proposed arrangement of buildings, off-street parking, access, lighting, landscaping and drainage is compatible with adjacent land uses;

 

Parking: 1 parking space is required per 100 square feet of floor area. 2,035 square feet/100 = minimum of 21 off-street parking spaces are required. 4 standard parking spaces on right-of-way are provided. The property is currently non-complying with respect to the parking requirements. The proposed patio, because it does not increase occupancy, is not considered a significant alteration to existing development (20-1428). Since this is considered a minor alteration to existing development (20-1429d), the zoning ordinance does not require compliance with current development standards. The applicant is not proposing to increase the occupancy of the licensed premises.

 

(c)       That the vehicular ingress and egress to and from the site and circulation within the site provides for safe, efficient and convenient movement of traffic not only within the site but on adjacent roadways as well;

 

The project does not increase the maximum occupancy of the licensed premises. There is no proposed change to the ingress and egress to and from the site. The outdoor smoking area will have an emergency exit gate.

 

(d)      That the site plan provides for the safe movement of pedestrians within the site;

 

There are no changes proposed to the existing sidewalk on the property.

 

(e)      That there is a sufficient mixture of grass, trees, and shrubs within the interior and perimeter (including public right-of-way) of site so that the proposed development will be in harmony with adjacent land uses and will provide a pleasing appearance to the public.  Any part of the site plan area not used for buildings, structures, parking, or accessways shall be landscaped with a mixture of grass, trees and shrubs;

 

The project is not proposing any additional landscaping. The site plan area not used for building, structures, or parking is landscaped with a mixture of grass, trees, and shrubs.

 

(f)       That all outdoor trash storage areas are screened and are in accordance with standards as prepared by the department of public works;

 

The trash storage area is to the south side of the building within a 6’ high fence.

 

(g)      That the site plan takes into consideration existing improvements or physical alterations that have been made to prepare the site for development.

 

The plan takes into account the existing licensed premises and residential dwelling on the property.