Remote Parking Agreement - PDF by pre80674

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									CITY PLAN COMMISSION                                       THURSDAY, MARCH 4, 2010
                                                              Planner: Warren F. Ellis

FILE NUMBER:             Z090-125(WE)                  DATE FILED: November 23, 2009

LOCATION:                Southwest line of Carroll Avenue, northwest of Willow Street

COUNCIL DISTRICT:        2                             MAPSCO:      45-M

SIZE OF REQUEST:         Approx. 2,160 sq. ft.         CENSUS TRACT: 15.02

APPLICANT:                   Troy T. Gonzalez

OWNER:                       Jerry D. & Holly Watson

REPRESENTATIVE:              Marleen Mar


REQUEST:                     An application for a Specific Use Permit for an alcoholic
                             beverage establishment use for a bar, lounge, or tavern and
                             a commercial amusement (inside) on property zoned a CS
                             Commercial Service District.

SUMMARY:                     The purpose of this request is to permit a bar, tavern or
                             lounge with a live music venue use to operate on site.




STAFF RECOMMENDATION:              Denial


PREVIOUS ACTION: On February 4, 2010, the City Plan Commission held this case
under advisement until March 4, 2010, in order to allow the applicant’s representative to
meet with the adjacent property owners and neighborhood associations.




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Z090-125(WE)


BACKGROUND INFORMATION:

•   The applicant’s request for a Specific Use Permit is to allow for an alcoholic
    beverage establishment use for a bar, lounge or tavern and a commercial
    amusement (inside) use that will permit live music within the proposed development.

•   The request site is located within a one-story, 2,160 square-foot structure and is
    adjacent to several retail and commercial uses. The applicant will have to file a
    remote parking agreement with the Building Official in order to meet the off-street
    parking requirements.

Zoning History: There has not been any recent zoning change requested in the area.

Thoroughfares/Streets:

       Thoroughfare/Street          Type           Existing    Proposed
                                                    ROW          ROW
      South Carroll Avenue      Local Street        60 ft.       60 ft.


Land Use:

                                Zoning                 Land Use
                                                     Vacant structure
            Site                  CS

        Northwest                 CS                      Retail
        Southeast                 CS                      Retail
        Northeast                MC-3                  Undeveloped
        Southwest                 CS                      Retail

COMPREHENSIVE PLAN:

The comprehensive plan does not make a specific land use recommendation related to
the request, however the forwardDallas! Vision Illustration is comprised of a series of
Building Blocks that shows general land use patterns. They are generalized patterns
without well-defined boundaries that indicate where certain types and densities of
development might logically occur.

The request site lies within an Urban Neighborhoods Building Block. This Building
Block Urban Neighborhoods, including Oak Lawn, the Grand Avenue area in South
Dallas, the area near Jefferson Boulevard and the Vickery Meadow area, are
predominately residential but are distinguished from other neighborhoods by the wide
variety of housing options they provide and easy access to public transit. Housing
choices should include single-family detached dwellings, townhomes and low- to
midrise condominiums or apartments. These neighborhoods will have concentrations of
shops and offices along key corridors or at key intersections, providing important
services and job opportunities within walking distance of residences. These areas may
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Z090-125(WE)


have mixed-use buildings with ground floor shops. Areas currently developed with
single-family or duplex uses should generally be maintained unless redevelopment is
addressed through an Area Planning process. Urban Neighborhood streets will be very
pedestrian friendly, providing excellent connectivity to shopping, schools and other
community services. Emphasis should be placed on slowing traffic through use of on-
street parking and other similar traffic calming measures. Public investments in these
areas will focus on parks, pathways, transit stops, pedestrian-oriented landscaping and
road improvements.

LAND USE

GOAL 1.2       PROMOTE DESIRED DEVELOPMENT

Policy 1.2.1 Use Vision Building Blocks as a general guide for desired development
patterns

The forwardDallas! Comprehensive plan does not support the applicant’s request for a
Specific Use Permit for a bar, lounge or tavern and a commercial amusement (inside)
use that will permit live music at this location as stated by the abovementioned Building
Block description. The request site is located on the outer perimeters of the CS
Commercial Service District which is in close proximity to residential uses.

STAFF ANALYSIS:

Land Use Compatibility: The 2,160 square foot site is located within a one-story
building and is adjacent to the variety of retail and commercial uses. The request for a
Specific Use Permit for a bar, lounge or tavern and a commercial amusement (inside)
use will permit live music within the existing structure. Due to the request site’s location
on a local street and adjacency to an alley, the applicant will have to file an application
for a remote parking agreement with the Building Official in order to meet the necessary
off-street parking requirements. Parking is prohibited on Carroll Avenue and within a
public alley.

Staff cannot support the applicant’s request for a Specific Use Permit for an alcoholic
beverage establishment use for a bar, lounge, or tavern and a commercial amusement
(inside) for several reasons: 1) the proposed use is incompatible with the vision in the
forwardDallas! Comprehensive Plan, and 2) the request site is in close proximity to the
Santa Fe Trail and residential uses. The Dallas Park and Recreation Department has
identified the alignment of the Santa Fe Trail as running along the right-of-way on
Willow Street. Willow Street is approximately ½ block southeast of the request site.

While the commercial uses in the area are not incompatible with the proposed use,
there are a few non-conforming residential structures in the area, one of which is
adjacent to a potential parking area for patrons of the club. The site also has
constraints with existing head in parking off of Carroll Avenue which is a highly trafficked
two lane arterial. Traffic is frequently backed up on Carroll Avenue between Columbia
and Intestate 30. The applicant will have to file an application with the Building Official
for a remote parking agreement and 100 percent of the remote parking must be located
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Z090-125(WE)


within 300 feet of the Property. Parking is prohibited on Carroll Avenue and within a
public alley.

Staff is concerned with the delta credits associated with the building and that there will
be inadequate parking to support the proposed use. While delta credits are intended to
allow for the continued use of buildings constructed prior to the current parking
requirements, staff believes the particular characteristics of this use could adversely
impact the area if insufficient parking is provided.

A bar, lounge, or tavern means an establishment principally for the sale and
consumption of alcoholic beverages on the premises that derives 75 percent or more of
its gross revenue from the service of alcoholic beverages, as defined in the Texas
Alcoholic Beverage Code, for on-premise consumption.

The general provisions for a Specific Use Permit in Section 51A-4.219 of the Dallas
Development Code specifically state: (1) The SUP provides a means for developing
certain uses in a manner in which the specific use will be consistent with the character
of the neighborhood; (2) Each SUP application must be evaluated as to its probable
effect on the adjacent property and the community welfare and may be approved or
denied as the findings indicate appropriate; (3) The city council shall not grant an SUP
for a use except upon a finding that the use will: (A) complement or be compatible with
the surrounding uses and community facilities; (B) contribute to, enhance, or promote
the welfare of the area of request and adjacent properties; (C) not be detrimental to the
public health, safety, or general welfare; and (D) conform in all other respects to all
applicable zoning regulations and standards.

Landscaping: The request site is located within an existing structure and the
landscaping requirements will not be triggered.

Parking: The Building Official has determined that the applicant has 11 delta credits
and will have to provide an additional 11 off-street parking spaces to meet the required
parking regulation. The applicant will have to file an application with the Building Official
for a remote parking agreement and 100 percent of the remote parking must be located
within 300 feet of the Property. Parking is prohibited on Carroll Avenue and the within
the public alley.

Miscellaneous – SUP Conditions: The applicant has not submitted any conditions
regarding the request for a Specific Use Permit for an alcoholic beverage establishment
use for a bar, lounge or tavern and a commercial amusement (inside) use. However,
the applicant has indicated that the hours of operation are between Monday through
Sunday, 5 p.m. to 2 a.m. (the next day). The live music will occur only on Sundays.

Staff is recommending denial of the applicant’s request and therefore has not provided
any conditions for City Plan Commission consideration. If the City Plan Commission
recommends approval of the applicant’s request, staff recommends that the case be
held under advisement with the public hearing held open to allow staff to work with the
applicant on the conditions. In addition, the Dallas Development Code does not
recognize a live music venue outside of PDD No. 269.
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Z090-125(WE)



               PROPOSED SITE PLAN




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Z090-125(WE)




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Z090-125(WE)




                                            Retail/bar



               Restaurant/
               MF



                                            Retail/bar/surface
                                            parking
                             Retail




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Z090-125(WE)




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Z090-125(WE)




                 Notification List of Property Owners
                                      Z090-125
                              17   Property Owners Notified
  Label #   Address                      Owner
     1         301     CARROLL           VEGA ROSA LINDA
     2         4512    EAST SIDE         MOSITOS INC
     3         310     CARROLL           SAMADIAN FAMILY L P
     4         4643    WILLOW            MORRISON FAMILY LIMITED PARTNERSHIP
     5         4506    EAST SIDE         PUEBLA INVESTMENTS %ELADIO R GRANADO SR
     6         4508    EAST SIDE         SAMADIAN MALEK M & LINDA L
     7         4502    EAST SIDE         CHHOR NGOUN LAY & CHHOR ANNIE L
     8         4504    EAST SIDE         GRANADO ELADIO R SR ATTN: DORA MACIEL
     9         4414    EAST SIDE         BONNESS PROPERTY CO
     10        4401    WILLOW            IGLESIA PENTECOSTES
     11        4410    EAST SIDE         RAMIREZ MIGUEL
     12        4404    EAST SIDE         SOTELO CARLOS M
     13        205     CARROLL           H & K BEVERAGE CORP
     14        4403    WILLOW            RAMADAN HASSAN K
     15        4405    WILLOW            RAMIREZ GRICELDA
     16        4418    EAST SIDE         H & K BEVERAGE CORP
     17        402     CARROLL           SANTOS FERNANDO & YOLANDA




Thursday, December 17, 2009




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