This is a request for a special review to allow a drive-through window for a new coffee or food kiosk in a new building in a Neighborhood Commercial (NC) zone adjacent to Residential 9,600 (R-96) zoning district, on Lots 6 and 7, Block 9, Central Acres Subdivision, 5th Filing. The property is addressed as 3133 Central Avenue and consists of a vacant lot and a single family dwelling. The property is located on the north east corner of the intersection of Central Avenue and 32nd Street West. The Zoning Commission conducted a public hearing on August 2, 2011, and is forwarding a recommendation of denial on a 3-0 vote.

The Planning Division reviewed the application and recommended conditional approval to the Zoning Commission. Planning staff recommended 9 conditions to address potential impacts to the surrounding residential uses. Planning staff believed the proposal to be an appropriate use considering the location of the property, the type of facility proposed, the character of the surrounding properties, and the existing uses in the area.

Before a recommendation of approval or conditional approval can be made by the City Council, each special review request must demonstrate conformance with three primary criteria:1) the application complies with all parts of the Unified Zoning Regulations, 2) the application is consistent with the objectives and purposes of the Unified Zoning Regulations and the 2008 Growth Policy, and 3) is compatible with surrounding land uses and is otherwise screened and separated from adjacent land to minimize adverse impacts. This application conforms to the first criteria, in so far, that it meets required setbacks, is a use allowed by special review approval and does not exceed maximum lot coverage. The application appears to be consistent with the objectives of the 2008 Growth Policy.

The Zoning Commission considered the potential impacts to the surrounding properties, the existing traffic and intersection function, the testimony received at the public hearing, and the proposed conditions of approval. The Zoning Commission found the application and its impacts on traffic could not be mitigated to the extent necessary to recommend approval to the City Council.

The Planning staff recommended conditions were as follows:
1. The special review approval for a drive through window shall be limited to Lots 6 and 7, Block 9, Central Acres Subdivision, 5th Filing as shown on the site plans submitted with this application.
2. Any new lighting within the parking lot or drive through areas shall have full cut-off shields so light is directed to the ground and not onto adjacent property. Lighting standards are limited to 15 feet in height from finished grade.
3. The drive through location shall be constructed as shown on the submitted site plan.
4. The landscaping, paving and storm water retention areas shall be installed as shown on the submitted site plan.
5. The applicant is required to install and continuously maintain a 6-foot sight-obscuring fence that runs along the north side of the alley on the property known as 3144 Lynn Avenue, Lot 8, Block 9, Central Acres Subdivision, 5th Filing. The applicant will work with the adjacent residential property owner to accommodate gates and desired materials. Matte or flat finished fence materials are required.
6. There shall be no outdoor public address system or outside announcement system of any kind. The drive through may have an outdoor private address system as standard for all drive through services.
7. The drive through service shall not operate after midnight or before 5:00 am daily.
8. No site development or construction work will occur prior to 8 am or after 8 pm daily.
9. The proposed development shall comply with all other limitations of Section 27-613 of the Unified Zoning Regulations concerning special review uses, all landscaping requirements specified on Section 27-1101, and all other City regulations that apply.

Based on the Special Review criteria, the City Council may:
-Approve of Special Review #891
-Deny Special Review #891
-Delay Action on Special Review #891 for 30 days

This is a request for a special review to allow a drive-through window for a coffee or food service kiosk to be placed on a vacant lot with an access drive from Central Avenue through the existing driveway of a home and with customer access through the alley east of 32nd Street West. In 2008, the property was re-zoned from R-96 to NC. The applicant wants to place a kiosk on the property and eventually to construct a multi-tenant building and move the coffee shop in to a permanent space in this new building. Lot 7 is currently vacant and Lot 6 has a single family home that is rented. The proposed site plan shows the kiosk drive through on the vacant parcel. Traffic safety does not allow a new access driveway from Central Avenue and the applicant is proposing to use and improve the existing driveway that serves the single family dwelling. This improved driveway off Central Avenue would be a right-turn in only for both the kiosk and the single family residence. There is not a raised median in Central Avenue so left turns from east bound Central Avenue traffic could still be possible. The kiosk proposes to have two serving windows (east and west) and to use the alley for access. Traffic in the alley would be full access so left turns on to 32nd Street West would be allowed as well as exiting to the east end of the alley on to 31st Street West. The applicant will be required to pave a portion of the alley and create paved drive aisles for vehicles at the kiosk. The existing drive approach from 32nd Street West will be abandoned and the sidewalk restored. Property north across the alley is zoned R-96 and is developed. Whenever a drive through service is proposed adjacent to or across the alley from residential zoning a special review is required.

The applicant intends to develop the property to include new landscaping and retain any storm water on site. The City Traffic Engineer will not require a Traffic Accessibility Study (TAS) but will require city standard improvements within the alley including pavement and drainage. In addition, an asphalt apron will be required from Central Avenue to the existing concrete driveway on Central Avenue. A TAS may be required when a permanent development is proposed for all 5 lots zoned NC.

This property is adjacent to a residential neighborhood that started development in the 1970s. The property directly north is zoned R-96 and currently has a 5-foot chain-link fence along the alley. A sight-obscuring fence will be required to replace this chain-link fence to mitigate the impact of traffic using the alley to and from the kiosk.

Central Avenue is classified as an arterial street and is designed to carry high volumes of traffic through this area of the City. The 2010 traffic count for Central Avenue at this location is approximately 10,150 vehicle trips per day. North of Central Avenue, 32nd Street West carries 5,500 vehicle trips per day.  Improvements to the traffic controlled intersection are not planned at this time, however a right-turn only lane for the west bound traffic on Central Avenue may eventually be necessary. The FY12 to FY16 Capital Improvement Program does not include arterial street improvements at this intersection.

The Zoning Commission conducted a public hearing August 2, 2011, and received testimony from the applicant, Gerald Neumann, from Jerry Voto, a surrounding property owner at 3128 Lynn Avenue, and Mr. Jonathan Kober of 2213 Hyacinth Drive. Mr. Neumann stated he was co-owner fo the property with Ed Jorden and they re-zoned the property in 2008 from R-96 to NC with the intent to build an 18,000 square foot multi-tenant office and retail building. Mr. Neumann stated they were not yet financially prepared to risk this investment but have had several inquiries from coffee companies to locate a drive through kiosk on the corner. Mr. Neumann stated the kiosk would be temporary development of the property and would help them pay the property taxes and pay for half of the cost of the new sidewalk, scheduled by the city to be installed in 2012. He stated the coffee companies think they can get 150 customers per day at this location. This would not add traffic to the intersection but would capture existing traffic on Central and 32nd Street West. Mr. Neumann stated they hope to have the kiosk installed by this fall.

Commission Member Dan Wagner asked Mr. Neuman whether this would definitely be a coffee drive through or would it also include other food services. Mr. Neumann stated he does not have any company chosen at this time but would approach the 2 coffee companies that have already inquired on the location. Mr. Wagner asked how Mr. Neumann would prevent traffic from exiting on to Central Avenue. Mr. Neumann stated he would post signage but anyone could ignore the sign and use the driveway to exit on to Central. Mr. Neumann stated that traffic on 32nd Street West is not as bad as it was during the Shiloh Road Construction and a kisok would not add traffic.

Mr. Jonathan Kober of 2213 Hyacinth, testified that most coffee sales would happen in the morning hours between 8 am and 10 am.
Mr. Jerry Voto of 3128 Lynn Avenue testified against the proposed kiosk specifically concerning the traffic impacts and the use of the alley for customer access. Mr. Voto stated he represented the owners of homes at 3134 and 3144 Lynn Avenue as well in this matter. He stated he supports Mr. Neumann's efforts to develop his 5 lots with a commercial use but would not support this temporary development. He stated the city has lied to the residents about several things. First, he stated the city said no commercial use of the alley on the south of their residences would ever be allowed. Second, he said the city promised to have the Central Avenue improvements installed by the end of 2010. Central Avenue from 29th Street west to this intersection is still incomplete but handles over 10,000 vehicles a day. He state the alley is constantly used by students to by-pass the traffic light and all the vehicles go east into their neighborhood. He stated his wife never tries to turn south on 32nd Street West off of Lynn Avenue. Mr. Voto state he does make the left turn by using the center lane (the left turn queue for the signal) as a refuge and waits for the south bound traffic to clear before completing his turn. He stated the only realistic turn out of the alley would be right or north on 32nd Street West. He state the city said 32nd Street would be 25 mph speed limited and that lasted for 2 weeks and the speed limit signs changed to 35 mph overnight. He stated the vehcile trips reported by staff for 32nd Street West seemed low at 5,500 per day. He stated he talked to the owner of 3144 Lynn Avenue and she stated she would not allow her chainlink fence to be converted to a 6 foot sight obscuring fence regardless of the requirement.

Chairman Leonard Dailey asked Mr. Neumann about the fence issue with the owner at 3144 Lynn. Mr. Neumann stated he had talked to the owner about 2 years ago, and they were not completely opposed but did prefer to see through to the alley. Chairman Dailey asked Mr. Neumann about the use of the alley for customer access. Mr. Neumann stated he asked City Engineering whether he could use the existing drive approach on 32nd Street West for access to the kiosk and Engineering stated the alley would be preferrable since it is further away from the intersection. Chairman Dailey asked about potential cut-through traffic. Mr. Neumann stated he could post signage throughout the property but someone determined to avoid the traffic signal could drive through. Mr. Neumann stated the existing 6 foot wooden fence on the west property line of 3144 Lynn Avenue is in the clear vision zone. Planning staff clarified that no modification of this wooden fence would be required at this time. Staff stated if the owner replaced or repaired this fence it would have to meet the clear vision standard for an alley entrance on to a street.

Commission Member Ed Workman stated that regardless of any conditions such as signage to prevent cut-through traffice, there will be unavoidable impacts to traffic flow. He stated a right-turn only sign at the alley would not stop some people from trying to turn left on to 32nd Street West. Commission Member Dan Wagner stated he sat in traffic this morning on 32nd Street West and the southbound lane was backed up from Central Avenue north to Broadwater Avenue. He stated using the alley for customer access was not advisable given the bad traffic situtation on 32nd Street West.

Mr. Wagner made a motion to recommend denial to the City Council. The motion was seconded by Mr. Workman and the Commission voted 3-0 to forward this recommendation. Chairman Dailey stated there were no possible conditions of approval they could add or modify to mitigate the traffic impacts from the proposed use on the corner lot. Chairman Dailey stated the existing wooden fence along 32nd Street West at 3144 Lynn Avenue could not be modified to comply with clear vision regulations. Chairman Dailey stated that the existing conditions at the property were hazardous to traffic and the proposal would exacerbate the situation.

Please see the Alternatives Analyzed for consistency with Policies and Plans.