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) .
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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.
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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.
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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.
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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.