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Z-5557-A Staff AnalysisOctober 18, 2001 ITEM NO.: 6 FILE NO.: Z -5557-A NAME: Harris - Revised Conditional Use Permit LOCATION: 2923 West 65' Street DEVELOPER: Rex -Temple, Inc. P. O. Box 114 Lewisville, TX 75067 AREA: 0.68 acre ZONING: I-2 ENGINEER: Christopher and Associates Dallas, TX NUMBER OF LOTS: 1 FT. NEW STREET: 0 ALLOWED USES: Retail (Adult bookstore) PROPOSED USE: Adult bookstore, with building addition VARIANCES/WAIVERS REQUESTED: None requested. BACKGROUND: The property at 2923 West 65th Street (southeast corner of West 65th Street and Murray Street) is zoned I-2, Light Industrial District. According to the City's Zoning Ordinance Section 36-320 (c)(2)g., a conditional use permit is required for retail uses not specifically listed within the permitted use listing for the I-2 zoning district. On April 21, 1992, the Planning Commission approved a conditional use permit to allow construction of a retail commercial building and parking areas on this property. The existing one-story commercial building on the property is occupied by a sexually oriented business (adult bookstore). The current hours of operation are 24 hours per day, seven (7) days per week. October 18, 2001 ITEM NO.: 6 (Cont_) A. PROPOSAWREQUEST: FILE NO.: Z -5557-A The applicant proposes to revise the previously approved conditional use permit by constructing an 868 square foot building addition to the east side of the existing one-story commercial building. The proposed building addition will be 16 feet by 54 feet - 3 inches and located in an area of existing paved parking. The addition will be constructed to match the existing hadite and stucco with rock structure, in order to maintain the integrity and appearance of the existing structure. The proposed building addition is the only change that the applicant proposes to the existing development. B. EXISTING CONDITIONS: There is an existing one-story commercial building and associated paved parking areas on the property at 2923 West 65th Street. The general area is made up of a mixture of commercial and industrial uses. All surrounding properties are zoned I-2, Light Industrial District. C. NEIGHBORHOOD COMMENTS: All property owners within 200 feet of the site, all residents within 300 feet of the site who could be identified, and the Upper Baseline, Wakefield and SWLR UP Neighborhood Associations were notified of the public hearing. Staff received one (1) phone call from the president of the Upper Baseline Neighborhood Association expressing opposition to the application. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: 1. Repair or replace any curb and gutter or sidewalk that is damaged in the public right-of-way prior to occupancy. 2. Plans of all work in right-of-way shall be submitted for approval prior to start of work. With Building Permit: 3. Stormwater detention ordinance applies to this property. 4. A Sketch Grading and Drainage Plan will be required per Sec. 28-186 (e) . 5. A Grading Permit will be required per Sec. 29-186 (c) and (d) . 2 October 18, 2001 ITEM NO.: 6 (Cont.) FILE NO.: Z -5557-A E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer available, not adversely affected. Entergy: No Comment. ARKLA: No Comment. Southwestern Bell: Water: No Comment. Approval as submitted. Fire Department: Place fire hydrants per code. Contact Dennis Free at 918-3752 for details. County Planning: No Comment. CATA: Project site is located on bus route #15 and has no effect on bus radius, turnout and route. F. Landscape Issues: A landscaping upgrade toward compliance with the Landscape Ordinance equal to the expansion proposal (32%) will be required. Building landscaping between the proposed building and public parking area (where the plan submitted shows gravel) will need to be landscaped with plantings. G. SUBDIVISION COMMITTEE COMMENT: (SEPTEMBER 27, 2001) Ken Greentree was present, representing the application. Staff briefly described the revised conditional use permit, noting that a small amount of additional information needed to be shown on the site plan. Staff noted that the building height, ground -mounted sign location, dumpster location and any existing fencing needed to be shown on the site plan. The Public Works requirements were briefly discussed. Mr. Greentree indicated no issues with these requirements. The Landscape requirements were also discussed. Staff noted that a landscaping upgrade equal to the percentage of building expansion would be required. Staff also noted that building landscaping would be required along the east side of the proposed building expansion. 3 October 18, 2001 ITEM NO.: 6 (Cont.) FILE NO.: Z -5557-A There being no further issues for discussion, the Committee forwarded the revised conditional use permit to the full Commission for final action. H. ANALYSIS: The applicant submitted a revised site plan to staff on October 2, 2001. The revised plan addresses all of the issues as raised by staff and discussed by the Subdivision Committee. All of the additional notations as requested by staff have been made. The site plan submitted shows that there are 29 existing paved parking spaces on the site. The ordinance requires a minimum of 12 parking spaces for a commercial use of this size. The proposed building addition will eliminate several parking spaces along the east side of the existing building. Staff supports the parking plan as proposed. As noted previously, the existing commercial building is occupied by a sexually oriented business. Staff conducted an analysis of the property with respect to Ordinance No. 15,629, "An ordinance regulating the location of sexually oriented businesses." Staff found that the business continues to be in compliance with the ordinance. Only commercial and industrial uses are located within 750 feet of the property. Otherwise, to staff's knowledge there are no outstanding issues associated with the revised conditional use permit. The proposed building addition complies with the setback and height regulations for I-2 zoned property, and should have no adverse impact on the general area. I. STAFF RECOMMENDATIONS: Staff recommends approval of the revised conditional use permit subject to the following conditions: 1. Compliance with the requirements as noted in paragraphs D, E and F of this report. 2. The dumpster area must be enclosed on three (3) sides with an eight (8) foot high opaque fence or wall. 4 October 18, 2001 ITEM NO.: 6 (Cont.) PLANNING COMMISSION ACTION: Staff informed the Commission that thi inadvertently included in the legal ad meeting, but was actually filed for th Staff noted that notices were sent for hearing date, and that the application that agenda. FILE NO.: Z -5557-A (OCTOBER 4, 2001) application was for the October 4, 2001 October 18, 2001 agenda. the October 18, 2001 needed to be deferred to The Chairman placed the item before the Commission for inclusion within the Consent Agenda for deferral to the October 18, 2001 agenda. A motion to that effect was made. The motion passed -by a vote of 9 ayes, 0 nays and 2 absent. The application was deferred. PLANNING COMMISSION ACTION: (OCTOBER 181 2001) Ken Greentree was present, representing the application. There were several persons present in opposition. Staff briefly described the Revised Conditional Use Permit request, with a recommendation of approval subject to the conditions as noted in paragraph I. of this report. Commissioner Lowry asked what should be the scope of the Commission's review of this application. Stephen Giles, City Attorney, noted that the use of the property had already been established and that the issue was more of a site plan issue. There was additional discussion of this matter. Ken Greentree requested that he address the Commission after the opposition. Don Darnell, president of the Wakefield Neighborhood Association, addressed the Commission in support of the application. He noted that his neighborhood was the closest single family neighborhood to this property. He stated that his neighborhood had no problem with the proposed expansion of the sexually oriented business and explained. He noted that there was a large amount of vacant commercial buildings in southwest Little Rock, and stated his support of small businesses in the area. Carroll Strickland spoke in opposition to the application. He noted that he was with the Upper Baseline Neighborhood Association and was against the building expansion. 5 October 18, 2001 ITEM NO.: 6 (Cont.) FILE NO.: Z -5557-A Janet Berry, of SWLR UP, also addressed the Commission in opposition. She noted that SWLR UP voted to oppose the application. She noted that her association was opposed to the nature of the business and that there were two (2) new day care centers in the area (more than 750 feet away from the property in question). Pat Gee, president of the Upper Baseline Neighborhood Association, also spoke in opposition. She noted that her association and the Geyer Springs Neighborhood Association opposed the application and explained. She noted that the sexually oriented business did not add anything to the area.- She noted that there were other members of her association present who would not speak. The Commission asked the applicant to explain the need for the building expansion. Ken Greentree noted that the interior of the building was small and crowded, and that it was difficult to kept the building clean and orderly. He noted that there would be no new product lines added to the business, as the building expansion was proposed just to make the existing interior less congested. Chairman Downing asked about the exterior appearance of the proposed building addition. Mr. Greentree noted that the proposed building addition would match the existing building. Commissioner Lowry asked Janet Berry if her association discussed anything other than the use of the property. Ms. Berry stated that they had not. Commissioner Floyd noted that the City could not be exclusionary for certain types of uses. Stephen Giles, City Attorney, explained this issue. He noted that this business was the only legal sexually oriented business in the City. Commissioner Floyd asked if southwest Little Rock was the only area of the city where this type of business could be located. Mr. Giles stated that it was not and explained. There was a motion to approve the revised conditional use permit as recommended by staff. Commissioner Faust made comments relating to first amendment issues. She noted that the proposal met all ordinance standards. 6 October 18, 2001 ITEM NO.: 6 (Cont.) FILE NO.: Z -5557-A Commissioner Adcock noted that she was opposed to the application. Commissioner Nunnley noted support for the application and explained. Chairman Downing made additional comments related to the application. Chairman Downing then called for a vote on the previous motion. The motion passed by a vote of 8 ayes, 1 nay and 2 absent. The application was approved. 7 October 4, 2001 ITEM NO.: 9 NAME: Harris Revised Conditional Use Permit LOCATION: 2923 West 65' Street OWNER/APPLICANT: Rex -Temple, Inc. FILE NO.: Z -5557-A PROPOSAL: A revised conditional use permit is requested to permit expansion of this retail use on I-2 zoned property. STAFF REPORT: This item was inadvertently included in the legal ad for this meeting. It was, in fact, filed for the October 18, 2001 agenda. All notices were sent for the October 18, 2001 hearing date. The item should be deferred by the Commission to October 18, 2001.