Department of Planning & Zoning M E M O R A N D U M TO: Brian Wismer, Planning Commission Chairman FROM: Bill Johnston, City Planner SUBJECT: DATE: Tuesday, 1 September 2015 FINDINGS Mr. Floyd Anderson, representing Domino s Pizza, has applied for the rezoning of the property at 515 North Central Avenue. This 42,884-square foot (0.9845-acre) property was most recently occupied by Quizno s and Domino s. Domino s has now expanded into the tenant space formerly occupied by Quizno s and occupies the entire building. At some point in the past, a drive thru window was abandoned. Since that time, the property was zoned U-V, Urban Village at the City s initiative. Drive-in restaurants are prohibited in the U-V Zone. Mr. Anderson has stated that a pick-up window is an essential feature of the restaurant s business plan. Orders would be called in or made on line as opposed to in a vehicle queue. As proposed, the property would be rezoned to U-V, Urban Village, Conditional. The sole condition would be that a pick up window, only, would be re-activated on the property. All other development standards and use limitations of that Zone would remain intact. Ordinance References Sec. 93-3-6. Abandonment provides that Whenever a nonconforming use has been discontinued for a period of six months, that use shall not thereafter be reestablished, and any future use shall be in conformity with the provisions of this chapter. As stated above, the drive-thru window was abandoned quite some time ago and therefore, no grandfathering of this ancillary use has been retained. Sec. 93-11.2-3. Permitted uses anticipates the following uses in the U-V zone: Restaurants, grills, cafes, taverns and similar eating and drinking establishments with a maximum size of 6,000 square feet, but excluding drive-in restaurants, fast food restaurants, or restaurants in which patrons are not served exclusively seated or standing at a counter. Sec. 93-1-2. Definitions establishes the following definition of drive-in restaurants: Restaurants oriented to serving the motoring public, where curb service, window pickup or counter service is provided for over ten percent of the customers.
2 of 8 Property Description Properties along this portion of North Central Avenue, including the Domino s property, approximate, but do not fully comply with, the perimeter and interior landscape requirements of Sec. 93-23-18. Landscape requirements for vehicular use areas. The dumpster is stationed to the rear of the lot and is appropriately screened. Access to the property is via two driveways that could accommodate two-way traffic. However, the driveways are believed to be used as one-way driveways. This pattern would be consistent with re-use of the abandoned drive-thru window. Given the amount of queuing space on the property, a traffic back-up onto North Central is not anticipated. Surrounding uses are primarily service uses such as restaurants and also include office uses. A very significant number of dwellings are established along King Arnold Street, to the rear and north of the property. The character of this area, as described in the LCI Study, is influenced by the auto oriented, suburban-style land uses found along much of the North Central Avenue. Ordinance Guidance According to Sec. 93-11.2-1 Intent of the Ordinance, the U-V Zone is established to accomplish the following objectives: (1) Accommodate a mixed-use, urban fabric that preserves neighborhood scale; (2) Accommodate residents in the district with pedestrian access to services and employment typical of a live/work community; (3) Promote neighborhoods established near shopping and employment centers; (4) Encourage pedestrian and neighborhood uses in the commercial area; (5) Discourage land uses that are automobile or transportation related; (6) Exclude industrial uses such as manufacturing, processing and warehousing; (7) Promote retail and related commercial uses such as business offices, florists, card shops, antique shops, new apparel shops and banks; and (8) Encourage intensified mixed-use with commercial uses on the ground floor and dwellings above. As proposed, the restaurant will operate as a sit down restaurant with the exception of a portion of customers being take out customers by way of a pick-up window. The restaurant will continue its traditional pizza delivery service from this location. The new Domino s business plan also features expanded menu offerings.
3 of 8 Plan Hapeville 2025 Update Guidance The Future Land Use Map adopted with the Plan Hapeville 2025 Update on October 21, 2014 designates the property as Medium Intensity Mixed Use. The Update describes this land use classification as follows: Medium Intensity Mixed Use. The downtown is somewhat removed from traditional neighborhoods and abuts a rail corridor. The downtown is also the historic center of local commerce. As such, the downtown can support more intense mixed use development than would be appropriate adjacent to Hapeville s neighborhoods. Such intensity can be expected to be realized through a development pattern seen in Decatur. Single and two-story commercial development exists near mid-rise development. Four and five-story construction could be supported in the downtown, not necessarily replacing existing historic structures, rather on undeveloped properties. LCI Study Several references in the Study impact this application; these are reprinted below: Page 3-9. Land Use Recommendations: There is a strong desire that all future land uses be more pedestrianoriented than they are today, including within auto oriented, suburban-style land uses found along much of North Central Avenue and Dogwood Drive. Page 3-12: Require all new development to be pedestrian-oriented. Page 3-12: Focus highway uses near I-75 and North Central and South Central Avenues, but with a pedestrian-oriented form. Page 3-12: Establish differing building heights in response to context. Building heights should be limited to: - Two to three stories in neighborhoods - Three stories along Dogwood Drive - Four stories along North Central Avenue - Four stories in Downtown - Eight stories in College Square near the airport - Twenty stories on Sylvan Road Page 3-12: Support a range of housing options along North Central and South Central Avenues. Page 4:10, 4.2 Regulatory Changes A key recommendation of this study is to promote a more pedestrian oriented environment with commercial activity concentrated in mixed use centers; residential neighborhoods rehabilitated and protected; and the areas between the two appropriately transition from higher to lower density.
4 of 8 The regulatory policy changes recommended in this Study are intended to balance the community s wishes for the Study Area, market realities, and the current rights of land owners. They are intended to maintain properties values, while enacting controls to support greater pedestrian orientation and contextualism. Many of the urban design characteristics envisioned will increase development costs and challenge current market demands. As a result, the study recommends zoning changes that achieve the community s vision while providing an economic incentive to redevelop existing, profitable auto-oriented uses. For example, the study supports establishing stricter design controls throughout, even though no such controls exist today. It is possible that the design standards recommended will actually enhance values. By increasing design requirements and prohibiting suburban-style development, proposed zoning changes raise the bar for new development, protect high quality development, and protect neighborhoods. For example, without them, there is little incentive for a developer to invest in a street-oriented retail building if the adjacent parcel can compete for the same tenants with a low-grade, lower rent box surrounded by parking. CONCLUSIONS Sec. 93-25-6 provides 14 Standards of review to be applied when considering a property rezoning. The Ordinance further provides that In ruling on any matter in which the exercise of discretion is required, or in ruling upon any application for zoning map amendment, the administrative official or legislative body shall act in the best interest of the health, safety, morals, and general welfare of the city. In doing so, they will consider one or more of the following factors as may be relevant to the application The relevant factors are reprinted below, along with an analysis of the relationship of the rezoning application to these factors: The existing land use pattern. Surrounding uses are primarily service uses such as restaurants and also include office and residential uses. The character of this area, as described in the LCI Study, is influenced by the auto oriented, suburban-style land uses found along much of the North Central Avenue. Re-use of the drive-thru window is consistent with that character as well as with the operations of Chick-fil-A, Wendy s and McDonald s, also along this commercial corridor, that include drive-thru windows. The possible creation of an isolated district unrelated to adjacent and nearby districts. A single property right, that is, allowing a pick up window compared to the full package of development rights available to owners in the U-V Zone, does not rise to the level of creating an isolated district. The population density pattern and possible increase or overtaxing of the load one public facilities including, but not limited to, schools, utilities, and streets. As is seen at nearby Chick-fil-A, traffic at peak periods can adversely impact North Central Avenue, which typically requires uniformed personnel to direct lunchtime traffic. Domino s is a smaller restaurant and enjoys superior access. Traffic data for the period during which the drive-thru was operational is not available.
5 of 8 The possible effects of the proposed zoning map amendment on the character of a zoning district, a particular piece of property, neighborhood, a particular area, or the community. The character of the zoning district, as described by the intent of the U-V Zone, could be adversely impacted by the proposal. The use of loudspeakers sometimes associated with such window services could adversely impact neighboring residential properties. However, as seen in the LCI Study, this particular area is characterized by auto oriented, suburban-style land uses. Addition of a pick up window will actually be consistent with several businesses already operating in the U-V Zone. Whether there are substantial reasons why the property cannot be used in accordance with existing regulations. The applicant has represented that such a pick up window is a critical aspect of the business plan for this restaurant. Pizza is very typically a product that is ordered to go and as delivery. While the restaurant will have sit down dining, a portion of sales will depend on window service. The aesthetic effect of existing and future use of the property as it relates to the surrounding area. With the only difference in the manner of operation of this restaurant which would have a percentage of vehicles accessing the site, pulling up to the pick up window and then exiting that property while others park their vehicle, enter the restaurant, enjoy a meal and then exit the property along an identical route, it is hard to imagine that the aesthetic effect of the surrounding area will be harmed. The extent to which the proposed zoning map amendment is consistent with the land use plan. The LCI Study is replete with references to pedestrian-oriented form, despite acknowledging the auto-oriented, suburban-style of North Central Avenue. Of course, the LCI Study is aspirational. The LCI Study acknowledges that The regulatory policy changes recommended in this study are intended to balance the community s wishes for the Study Area, market realities, and the current rights of land owners. They are intended to maintain properties values, while enacting controls to support greater pedestrian orientation. Many of the urban design characteristics envisioned will increase development costs and challenge current market demands. As a result, the study recommends zoning changes that achieve the community s vision while providing an economic incentive to redevelop existing, profitable auto-oriented uses. The Community s vision of redeveloping profitable auto-oriented uses such as a drive-thru restaurant are not accompanied by any economic incentives.
6 of 8 The LCI Study continues: By increasing design requirements and prohibiting suburban-style development, proposed zoning changes raise the bar for new development, protect high quality development, and protect neighborhoods. It is unclear how a drive-thru restaurant at this location will threaten nearby neighborhoods. In addition, the aspirational character of any plan is intended to achieve the community vision in the case of new development. The reasonable use of a developed property is consistent with other statements in the LCI Study, specifically that the proposed zoning changes raise the bar for new development. Rezoning of the property to U-V, a Zone that does not allow drive-thru restaurants, represents one of those zoning changes. The relation that the proposed zoning map amendment bears to the purpose of the overall zoning scheme, with due consideration given to whether or not the proposed change will help carry out the purposes of these zoning regulations. The rezoning to allow such auto-oriented uses to be re-established will not help carry out the purposes of these zoning regulations as these purposes include the following: Accommodate residents in the district with pedestrian access to services and employment typical of a live/work community Encourage pedestrian and neighborhood uses in the commercial area RECOMMENDATION Based on the above findings and conclusions, a recommendation of approval of the rezoning from U-V, Urban Village to U-V-C, Urban Village Conditional to accommodate a single pick up window, only, is appropriate. The aspirational characteristics of the LCI Study and the U-V Zone are focused on new development that is encouraged by public economic incentives. Such incentives are lacking and the property involved is not new development. A balance between the desired future and the property rights of current owners will be achieved provided that the following condition is assigned to the property: No loudspeaker shall be used in conjunction with the pick up window. For the purpose of this rezoning, pick up window service shall be defined as a feature operated in conjunction with a dine-in restaurant that is accessed by customers in motor vehicles for the sole purpose of receiving and paying for food orders that have been made by phone or on line as opposed to ordering on site.
7 of 8 c: Charlotte Rentz, Vice Chair Commissioner Lucy Dolan Commissioner Mark Farah Commissioner Kaity Ferrer Commissioner Jeanne Rast William Whitson, City Manager Tonya Hutson, Planning Commission Secretary Destiny Washington, Assistant City Attorney Zoning Map Exhibit
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