HomeMy WebLinkAboutZ-3451-D Staff AnalysisJuly 18, 2019
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NAME: Bennett Davis Group Revised Short -form POD
LOCATION: 1300 North Shackleford Road
DEVELOPER:
Bennett Davis Group -Michael Bennett
P. O. Box 26415
Little Rock, AR 72211
OWNER/AUTHORIZED AGENT:
Bennett Davis Group/Owner and Agent
SURVEYORIENGINEER
Brooks Surveying
20820 Arch Street Pike
Hensley, AR 72065
AREA: 4.9 acres
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CURRENT ZONING
ALLOWED USES:
PROPOSED ZONING
NUMBER OF LOTS: 1
PLANNING DISTRICT: 2
POD, planned office development
FILE NO.: Z -3451-D
FT. NEW STREET 0 LF
CENSUS TRACT: 22.09
Printing company and 0-3, General Office District uses
Revised POD
PROPOSED USE: Add an event center as an allowable use.
VARIANCE/WAIVERS. Use of unpaved, graveled and non -graveled, overflow
parking areas
BACKGROUND:
The building and property were previously occupied by a church and a daycare. In late
2015, the property was rezoned to POD to allow for use of the building for a printing,
copying and graphic design business. 0-3, general office district, permitted uses were
July 18, 2019
SUBDIVISION
ITEM NO.: D (Cont.
FILE NO.: Z -3451-D
approved as alternative uses. Business hours were approved as 8 am — 5 pm, Monday —
Friday. No alternative operating hours were approved for any of the alternative uses.
Signage was approved for wall signage on the front fagade of the building, not to exceed
10% of the facade area, and a single ground -mounted sign not to exceed 6 feet in height
and 64 square feet in area. In 2018, the applicant entered into an agreement with the
Little Rock Bop Club, the Ballroom, Latin and Swing Social Dance Association and the
Little Rock Country Dancers to allow them to use the former sanctuary space in the
building as a dance facility. These dance clubs had previously been meeting in the Bess
Chisum facility on West 12th Street. The sanctuary area has been converted into a
competition level ballroom dance floor and reception area. The space represents
approximately 4,500 square feet of the 12 — 15,000 square foot building.
On November 1, 2018, the planning commission approved the applicant's request to
withdraw a PCD request to add an event center to allowed uses.
A. PROPOSAUREQUESUAPPLICANT'S STATEMENT:
The applicant is requesting a revision to the approved POD zoning to allow for use
of the former sanctuary space as an event center. Hours of operation are proposed
as 7 am — midnight, seven days a week. No in-house alcohol sales are available.
Guests desiring to serve alcohol at their event must gain prior approval from the
venue staff. The venue is a tobacco -free venue. All catering is open -vendor and is
the responsibility of the host client. The site contains paved parking area for
75 vehicles. The applicant is proposing to utilize unpaved areas off of the paved
parking lots for overflow parking.
B. EXISTING CONDITIONS:
The site contains a 12 — 15,000 square foot building and paved parking. Single
family residences are located to the south of the site. Duplex and single family
homes are located across Shackleford Road to the east. Office uses are located
to the north and west. Slightly farther to the north is the large area of mixed
commercial zoning and uses, extending up to and along Rodney Parham road.
C. NEIGHBORHOOD COMMENTS:
Notice of the public hearing was sent to all owners of properties located within
200 feet of the site and the Walnut Valley Neighborhood Association.
2
July 18, 2019
SUBDIVISION
ITEM NO.: D Cont. FILE NO.: Z -3451-D
D. ENGINEERING COMMENTS:
PUBLIC WORKS CONDITIONS:
N. Shackleford Rd. is classified on the Master Street Plan as a collector street.
A dedication of right-of-way 30 feet from centerline will be required.
2. Sidewalks with appropriate handicap ramps are required to be extended to the
side property line in accordance with Sec. 31-175 of the Little Rock Code and
the Master Street Plan.
3. Repair or replace any curb, gutter, sidewalk and access ramps that are
damaged and not in compliance with ADA recommendations in the public right-
of-way prior to occupancy.
4. With the addition of a gravel parking lot, storm water detention ordinance
applies to this property. Show the proposed location for stormwater detention
facilities on the plan. Maintenance of the detention pond and all private
drainage improvements is the responsibility of the developer and/or land owner.
E. UTILITIES/FIRE DEPARTMENT/PARKS/COUNTY PLANNING:
Little Rock Water Reclamation Authorit :
Sewer Available to this site. FOG Analysis Required if food prep on site.
Entergy:
Entergy does not object to this proposal. There does not appear to be any conflicts
with existing electrical utilities at this location. Contact Entergy in advance to
discuss electrical service requirements, or adjustments to existing facilities (if any)
as this project proceeds.
Centerpoint Energy: No comments received.
AT & T: No comments received.
Central Arkansas Water:
NO OBJECTIONS; All Central Arkansas Water requirements in effect at the time
of request for water service must be met.
3
July 18, 2019
SUBDIVISION
ITEM NO.: D (Cont.
Fire Department:
Full Plan Review
Maintain Access:
Fire Hydrants.
FILE NO.: Z -3451-D
Maintain fire apparatus access roads at fire hydrant locations as per Appendix D
of the 2012 Arkansas Fire Prevention Code Vol. 1 Section D103.1 Access road
width with a hydrant. Where a fire hydrant is located on a fire apparatus access
road, the minimum road width shall be 26 feet, exclusive of shoulders.
Grade
Maintain fire apparatus access roads as per Appendix D of the 2012 Arkansas Fire
Prevention Code Vol. 1 Section D103.2 Grade. Fire apparatus access roads shall
not exceed 10 percent in grade except as approved by the fire chief.
Loadinq
Maintain fire apparatus access road design as per Appendix D of the 2012
Arkansas Fire Prevention Code Vol. 1 Section D102.1 Access and loading.
Facilities, buildings or portions of buildings hereafter constructed shall be
accessible to fire department apparatus by way of an approved fire apparatus
access road with an asphalt, concrete or other approved driving surface capable
of supporting the imposed load of fire apparatus weighing at least 75,000 pounds.
Commercial and Industrial Developments — 2 means of access. - Maintain fire
apparatus access roads as per Appendix D of the 2012 Arkansas Fire Prevention
Code Vol. 1
Section D104.1 Buildings exceeding three stories or 30 feet in height. Building
or facilities exceeding 30 feet or three stories in height shall have at least two
means of fire apparatus access for each structure.
Section D104.2 Building exceeding 62,000 square feet in area. Buildings or
facilities having a gross building area of more than 62,000 square feet shall be
provide with two separate and approved fire apparatus access roads.
Exception: Projects having a gross building area of up to 124,000 square feet that
have a single approved fire apparatus access road when all building are equipped
throughout with approved automatic sprinkler systems.
D104.3 Remoteness. Where two fire apparatus access roads are required, they
shall be placed a distance apart equal to not less than one half of the length of the
maximum overall diagonal dimension of the lot or area to be served, measured in
a straight line between accesses.
Dead Ends.
Maintain fire apparatus access roads at dead end locations as per Appendix
D of the 2012 Arkansas Fire Prevention Code Vol. 1 Section D103.4 Dead
rd
July 18, 2019
SUBDIVISION
ITEM NO.: D (Cont.
FILE NO.: Z -3451-D
Ends. Dead-end fire apparatus access roads in excess of 150 feet shall be
provided with width and turnaround provisions in accordance with Table D103.4.
Requirements for Dead-end fire apparatus access roads.
Gates
Maintain fire apparatus access road gates as per Appendix D of the 2012
Arkansas Fire Prevention Code Vol. 1 Section D103.5 Fire apparatus access
road gates. Gates securing the fire apparatus access roads shall comply with
all of the following criteria:
1. Minimum gate width shall be 20 feet.
2. Gates shall be of swinging or sliding type.
3. Construction of gates shall be of material that allow manual operation by
one person.
4. Gate components shall be maintained in an operable condition at all times and
replaces or repaired when defective.
5. Electric gates shall be equipped with a means of opening the gate by fire
department personnel for emergency access. Emergency opening devices
shall be approved by the fire code official.
6. Manual opening gates shall not be locked with a padlock or chain and padlock
unless they are capable of being opened by means of forcible entry tools or
when a key box containing the keys to the lock is installed at the gate location.
7. Locking device specifications shall be submitted for approval by the fire
code official
8. Electric gate operators, where provided, shall be listed in accordance with
UL 325.
9. Gates, intended for automatic operation shall be designed, constructed and
installed to comply with requirements of ASTM F 2200.
Fire Hydrants
Locate Fire Hydrants as per Appendix C of the 2012 Arkansas Fire
Prevention Code. Section C101 — C105, in conjunction with Central Arkansas
Water (Daniel Tull 501-377-1245) and the Little Rock Fire Marshal's Office
(Capt. Tony Rhodes 501-918-3757). Number and Distribution of Fire Hydrants as
per Table C105.1.
Parks and Recreation- No comments received.
County Planning: No comments received.
5
July 18, 2019
SUBDIVISION
ITEM NO.: D Cont.
F. BUILDING CODES/LANDSCAPE:
Building Code:
Landscape: No comments.
G. TRANSPORTATION/PLANNING:
Rock Region Metro: No comments.
FILE NO.: Z -3451-D
Planning Division: This request is located Rodney Parham Planning District. The
Land Use Plan shows Office (0) for this property. The office category represents
services provided directly to consumers (e.g., legal, financial, medical) as well as
general offices which support more basic economic activities. The applicant has
applied for a revision to an existing POD (Planned Office Development) to add an
event center to the permitted uses in the existing building.
Master Street Plan: East of the property is Shackleford Road and it is shown as a
Collector Street on the Master Street Plan. Plan. The primary function of a
Collector Road is to provide a connection from Local Streets to Arterials. This
street may require dedication of right-of-way and may require street improvements
for entrances and exits to the site.
Bicycle Plan: There is a Class III Bike Route shown on Shackleford Road. Bike
Routes require no additional right-of-way, but either a sign or pavement marking
to identify and direct the route.
Revised plat/plan: Submit responses to staff issues and four (4) copies of a
revised preliminary plat/plan (to include the additional information as noted
above) to staff on or before May 22, 2019. If you have any questions please contact
Dana Carney, dcarne littlerock. ov or 501.371.6817 or Jamie Collins,
gcollins liglerock.gov or 501.371.6818.
H. SUBDIVISION COMMITTEE COMMENT: (May 15, 2019)
The applicant was present. Staff presented the item and noted some additional
information was needed. The applicant was asked to provide a signage plan. Staff
asked if the venue would be rented to any individual or group who may in turn host
ticketed events such as concerts or ticketed (cover charge) parties. Staff asked the
applicant to describe proposed security measures during the events. The applicant
was advised to locate the dumpster and required screening on the site plan.
Staff stated dumpster service hours should be limited to 7 am — 6 pm, Monday —
Friday. Staff noted the variance to allow use of unimproved, unpaved overflow
parking areas.
101
July 18, 2019
SUBDIVISION
ITEM NO.: D (Cont.
FILE NO.: Z -3451-D
Public Works comments were noted. Staff discussed the need to show the
proposed location for stormwater detention facilities in compliance with the
stormwater detention ordinance.
Comments from the other departments and reviewing agencies were noted. The
applicant was advised to respond to staff issues by May 22, 2019. The committee
forwarded the item to the full commission.
ANALYSIS:
The POD zoned property at 1300 N. Shackleford Road is occupied by a 12 —
15,000 square foot building (former church) and paved parking for approximately
75 vehicles. In 2015, the property was zoned POD to allow for use of the building
for a printing, copying and graphic design business. 0-3, general office district,
permitted uses were approved as alternative uses. Business hours were approved
as 8 am — 5 pm, Monday — Friday. No alternative operating hours were approved
for any of the alternative 0-3 uses.
The applicant is requesting approval of a revision to the POD to allow for use of
the former sanctuary space (about 4,500 square feet) as an event center. Hours
of operation are proposed as 7 am — midnight, seven days a week. No in-house
alcohol sales are available. Guests desiring to serve alcohol at their event must
gain prior approval from the venue staff. The venue is a tobacco -free venue. All
catering is open -vendor and is the responsibility of the host client. In addition to
the 75 space paved parking lots, the applicant is proposing two unpaved areas for
overflow parking.
The applicant submitted responses to issues raised at subdivision committee.
A single ground -mounted sign is proposed for the site. The monument style sign
appears to meet the office district standards of 6 -feet in height and 74 square feet
in area. The applicant states the venue will not be rented to any individual or group
who may in turn host ticketed events such as concerts or ticketed (cover charge)
parties. Venue staff will be on hand during all events. The applicant has begun
discussion with at least two local security providers in the event that a potential
renter desires armed or unarmed security services. The applicant states, due to
the limited size of the groups that meet their desired demographic, outside security
will not necessity be required. The dumpster location is shown at the back of the
northern, unimproved overflow parking area. Stormwater detention plans were
submitted to staff.
While it appears the applicant has attempted to address many of the typical issues
associated with event venues, staff still has concerns with this application. The site
is directly adjacent to single family properties. Two family and single family
properties are located across Shackleford. The event venue is proposed to have
7
July 18, 2019
SUBDIVISION
ITEM NO.: D (C
FILE NO.: Z -3451-D
operating hours up to midnight seven days a week. The applicant is proposing to
address potential parking issues by utilizing unpaved areas for overflow parking
with no plans to properly develop the parking area to comply with code standards.
Staff feels the proposed event center could negatively impact the adjacent and
nearby residential properties.
J. STAFF RECOMMENDATION:
Staff recommends denial.
PLANNING COMMISSION ACTION: (JUNE 6, 2019)
The applicant was present. There were two registered objectors present. Staff informed
the commission that the applicant had requested deferral of the item on June 6, 2019 to
allow for time to meet with the neighbors and to address staff issues. There was no
further discussion. A motion was made to waive the commission's bylaws to accept the
late deferral request. That motion was seconded and approved by a vote of 8 ayes,
0 noes and 3 absent. The item was then placed on the consent agenda and approved
for deferral to the July 18, 2019 meeting. The vote was 8 ayes, 0 noes and 3 absent.
PLANNING COMMISSION ACTION: (JULY 18, 2019)
The applicants were not present. There were no registered objectors present. Staff
informed the commission that the notice requirement had not been completed and the
item needed to be deferred. There was no further discussion. The item was placed on
the consent agenda and deferred to the August 1, 2019 agenda. The vote was 8 ayes,
0 noes and 3 absent.
0
September 12, 2019
•
NAME: Bennett Davis Group Revised Short -form POD
LOCATION: 1300 North Shackleford Road
DEVELOPER
Bennett Davis Group -Michael Bennett
P. O. Box 26415
Little Rock, AR 72211
OWNER/AUTHORIZED AGENT:
Bennett Davis Group/Owner and Agent
SURVEYOR/ENGINEER:
Brooks Surveying
20820 Arch Street Pike
Hensley, AR 72065
AREA: 4.9 acres
CURRENT ZONING
ALLOWED USES
PROPOSED ZONING
PROPOSED USE
FILE NO.: Z -3451-D
NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF
PLANNING DISTRICT: 2 CENSUS TRACT: 22.09
POD, planned office development
Printing company and 0-3, General Office District uses
Revised POD
Add an event center as an allowable use.
VARIANCE/WAIVERS: Use of unpaved, graveled and non -graveled, overflow
parking areas
BACKGROUND:
The building and property were previously occupied by a church and a daycare. In late
2015, the property was rezoned to POD to allow for use of the building for a printing,
copying and graphic design business. 0-3, general office district, permitted uses were
September 12, 2019
ITEM NO.: B (Cont.
FILE NO.: Z -3451-D
approved as alternative uses. Business hours were approved as 8 am — 5 pm, Monday
— Friday. No alternative operating hours were approved for any of the alternative uses.
Signage was approved for wall signage on the front fagade of the building, not to
exceed 10% of the fagade area, and a single ground -mounted sign not to exceed 6 feet
in height and 64 square feet in area. In 2018, the applicant entered into an agreement
with the Little Rock Bop Club, the Ballroom, Latin and Swing Social Dance Association
and the Little Rock Country Dancers to allow them to use the former sanctuary space in
the building as a dance facility. These dance clubs had previously been meeting in the
Bess Chisum facility on West 12th Street. The sanctuary area has been converted into a
competition level ballroom dance floor and reception area. The space represents
approximately 4,500 square feet of the 12 — 15,000 square foot building.
On November 1, 2018, the planning commission approved the applicant's request to
withdraw a PCD request to add an event center to allowed uses.
0
PROPOSAL/REQUEST/APPLICANT'S STATEMENT:
The applicant is requesting a revision to the approved POD zoning to allow for
use of the former sanctuary space as an event center. Hours of operation are
proposed as 7 am — midnight, seven days a week. No in-house alcohol sales are
available. Guests desiring to serve alcohol at their event must gain prior approval
from the venue staff. The venue is a tobacco -free venue. All catering is open -
vendor and is the responsibility of the host client. The site contains paved parking
area for 75 vehicles. The applicant is proposing to utilize unpaved areas off of the
paved parking lots for overflow parking.
B. EXISTING CONDITIONS:
The site contains a 12 — 15,000 square foot building and paved parking. Single
family residences are located to the south of the site. Duplex and single family
homes are located across Shackleford Road to the east. Office uses are located
to the north and west. Slightly farther to the north is the large area of mixed
commercial zoning and uses, extending up to and along Rodney Parham road.
C. NEIGHBORHOOD COMMENTS:
Notice of the public hearing was sent to all owners of properties located within
200 feet of the site and the Walnut Valley Neighborhood Association.
D. ENGINEERING COMMENTS
PUBLIC WORKS CONDITIONS:
1. N. Shackleford Rd. is classified on the Master Street Plan as a collector
street. A dedication of right-of-way 30 feet from centerline will be required.
6
September 12, 2019
TEM NO.: B (Cont.
E
FILE NO.: Z -3451-D
2. Sidewalks with appropriate handicap ramps are required to be extended to
the side property line in accordance with Sec. 31-175 of the Little Rock Code
and the Master Street Plan.
3. Repair or replace any curb, gutter, sidewalk and access ramps that are
damaged and not in compliance with ADA recommendations in the public
right-of-way prior to occupancy.
4. With the addition of a gravel parking lot, storm water detention ordinance
applies to this property. Show the proposed location for stormwater detention
facilities on the plan. Maintenance of the detention pond and all private
drainage improvements is the responsibility of the developer and/or land
owner.
UTILITIES/FIRE DEPARTMENT/PARKS/COUNTY PLANNING:
Little Rock Water Reclamation Authorit
Sewer Available to this site. FOG Analysis Required if food prep on site.
Enter
Entergy does not object to this proposal. There does not appear to be any
conflicts with existing electrical utilities at this location. Contact Entergy in
advance to discuss electrical service requirements, or adjustments to existing
facilities (if any) as this project proceeds.
Centerpoint Energy: No comments received.
AT & T: No comments received.
Central Arkansas Water:
NO OBJECTIONS; All Central Arkansas Water requirements in effect at the time
of request for water service must be met.
Fire Department:
Full Plan Review
Maintain Access:
Fire Hydrants.
Maintain fire apparatus access roads at fire hydrant locations as per Appendix D
of the 2012 Arkansas Fire Prevention Code Vol. 1 Section D103.1 Access road
width with a hydrant. Where a fire hydrant is located on a fire apparatus access
road, the minimum road width shall be 26 feet, exclusive of shoulders.
3
September 12, 2019
ITEM NO. B Cont.) FILE NO.: Z -3451-D
Grade
Maintain fire apparatus access roads as per Appendix D of the 2012 Arkansas
Fire Prevention Code Vol. 1 Section D103.2 Grade. Fire apparatus access
roads shall not exceed 10 percent in grade except as approved by the fire chief.
Loading
Maintain fire apparatus access road design as per Appendix D of the 2012
Arkansas Fire Prevention Code Vol. 1 Section D102.1 Access and loading.
Facilities, buildings or portions of buildings hereafter constructed shall be
accessible to fire department apparatus by way of an approved fire apparatus
access road with an asphalt, concrete or other approved driving surface
capable of supporting the imposed load of fire apparatus weighing at least
75,000 pounds.
Commercial and Industrial Developments — 2 means of access. - Maintain
fire apparatus access roads as per Appendix D of the 2012 Arkansas Fire
Prevention Code Vol. 1
Section D104.1 Buildings exceeding three stories or 30 feet in height.
Building or facilities exceeding 30 feet or three stories in height shall have at
least two means of fire apparatus access for each structure.
Section D104.2 Building exceeding 62,000 square feet in area. Buildings or
facilities having a gross building area of more than 62,000 square feet shall be
provide with two separate and approved fire apparatus access roads.
Exception: Projects having a gross building area of up to 124,000 square feet
that have a single approved fire apparatus access road when all building are
equipped throughout with approved automatic sprinkler systems.
D104.3 Remoteness. Where two fire apparatus access roads are required, they
shall be placed a distance apart equal to not less than one half of the length of
the maximum overall diagonal dimension of the lot or area to be served,
measured in a straight line between accesses.
Dead Ends.
Maintain fire apparatus access roads at dead end locations as per
Appendix D of the 2012 Arkansas Fire Prevention Code Vol. 1 Section
D103.4 Dead Ends. Dead-end fire apparatus access roads in excess of 150 feet
shall be provided with width and turnaround provisions in accordance with Table
D103.4. Requirements for Dead-end fire apparatus access roads.
Gates
Maintain fire apparatus access road gates as per Appendix D of the 2012
Arkansas Fire Prevention Code Vol. 1 Section D103.5 Fire apparatus access
road gates. Gates securing the fire apparatus access roads shall comply
with all of the following criteria:
1. Minimum gate width shall be 20 feet.
4
September 12, 2019
ITEM NO.: B (Cont.) FILE NO.: Z-3451
2. Gates shall be of swinging or sliding type.
3. Construction of gates shall be of material that allow manual operation by
one person.
4. Gate components shall be maintained in an operable condition at all times
and replaces or repaired when defective.
5. Electric gates shall be equipped with a means of opening the gate by fire
department personnel for emergency access. Emergency opening devices
shall be approved by the fire code official.
6. Manual opening gates shall not be locked with a padlock or chain and
padlock unless they are capable of being opened by means of forcible entry
tools or when a key box containing the keys to the lock is installed at the gate
location.
7. Locking device specifications shall be submitted for approval by the fire
code official
8. Electric gate operators, where provided, shall be listed in accordance with
UL 325.
9. Gates, intended for automatic operation shall be designed, constructed and
installed to comply with requirements of ASTM F 2200.
Fire Hydrants
Locate Fire Hydrants as per Appendix C of the 2012 Arkansas Fire
Prevention Code. Section C101 — C105, in conjunction with Central Arkansas
Water (Daniel Tull 501-377-1245) and the Little Rock Fire Marshal's Office
(Capt. Tony Rhodes 501-918-3757). Number and Distribution of Fire Hydrants as
per Table C105.1.
Parks and Recreation: No comments received.
County Planning: No comments received.
F. BUILDING CODES/LANDSCAPE:
Building Code:
Landscape: No comments.
G. TRANSPORTATION/PLANNING:
Rock Region Metro: No comments.
Planning Division: This request is located Rodney Parham Planning District. The
Land Use Plan shows Office (0) for this property. The office category represents
services provided directly to consumers (e.g., legal, financial, medical) as well as
5
September 12, 2019
ITEM NO.. B (Cont.) FILE NO.: Z -3451-D
general offices which support more basic economic activities. The applicant has
applied for a revision to an existing POD (Planned Office Development) to add an
event center to the permitted uses in the existing building.
Master Street Plan: East of the property is Shackleford Road and it is shown as
a Collector Street on the Master Street Plan. Plan. The primary function of a
Collector Road is to provide a connection from Local Streets to Arterials. This
street may require dedication of right-of-way and may require street
improvements for entrances and exits to the site.
Bicycle Plan: There is a Class III Bike Route shown on Shackleford Road. Bike
Routes require no additional right-of-way, but either a sign or pavement marking
to identify and direct the route.
Revised plat/plan: Submit responses to staff issues and four (4) copies of a
revised preliminary plat/plan (to include the additional information as noted
above) to staff on or before May 22, 2019. If you have any questions please
contact Dana Carney, dcarney@littierock.gov or 501.371.6817 or Jamie Collins,
Collins littlerock. ov or 501.371.6818-
H_ SUBDIVISION COMMITTEE COMMENT: (May 15, 2019)
The applicant was present. Staff presented the item and noted some additional
information was needed. The applicant was asked to provide a signage plan.
Staff asked if the venue would be rented to any individual or group who may in
turn host ticketed events such as concerts or ticketed (cover charge) parties.
Staff asked the applicant to describe proposed security measures during the
events. The applicant was advised to locate the dumpster and required screening
on the site plan. Staff stated dumpster service hours should be limited to 7 am —
6 pm, Monday — Friday. Staff noted the variance to allow use of unimproved,
unpaved overflow parking areas.
Public Works comments were noted. Staff discussed the need to show the
proposed location for stormwater detention facilities in compliance with the
stormwater detention ordinance.
Comments from the other departments and reviewing agencies were noted. The
applicant was advised to respond to staff issues by May 22, 2019. The
committee forwarded the item to the full commission.
ANALYSIS:
The POD zoned property at 1300 N. Shackleford Road is occupied by a 12 —
15,000 square foot building (former church) and paved parking for approximately
75 vehicles. In 2015, the property was zoned POD to allow for use of the building
for a printing, copying and graphic design business. 0-3, general office district,
R
September 12, 2019
ITEM NO.: B (Cont.
FILE NO.: Z -3451-D
permitted uses were approved as alternative uses. Business hours were
approved as 8 am — 5 pm, Monday — Friday. No alternative operating hours were
approved for any of the alternative 0-3 uses.
The applicant is requesting approval of a revision to the POD to allow for use of
the former sanctuary space (about 4,500 square feet) as an event center. Hours
of operation are proposed as 7 am — midnight, seven days a week. No in-house
alcohol sales are available. Guests desiring to serve alcohol at their event must
gain prior approval from the venue staff. The venue is a tobacco -free venue. All
catering is open -vendor and is the responsibility of the host client. In addition to
the 75 space paved parking lots, the applicant is proposing two unpaved areas
for overflow parking.
The applicant submitted responses to issues raised at subdivision committee.
A single ground -mounted sign is proposed for the site. The monument style sign
appears to meet the office district standards of 6 -feet in height and 74 square
feet in area. The applicant states the venue will not be rented to any individual or
group who may in turn host ticketed events such as concerts or ticketed (cover
charge) parties. Venue staff will be on hand during all events. The applicant has
begun discussion with at least two local security providers in the event that a
potential renter desires armed or unarmed security services. The applicant
states, due to the limited size of the groups that meet their desired demographic,
outside security will not necessity be required. The dumpster location is shown at
the back of the northern, unimproved overflow parking area. Stormwater
detention plans were submitted to staff.
While it appears the applicant has attempted to address many of the typical
issues associated with event venues, staff still has concerns with this application.
The site is directly adjacent to single family properties. Two family and single
family properties are located across Shackleford. The event venue is proposed to
have operating hours up to midnight seven days a week. The applicant is
proposing to address potential parking issues by utilizing unpaved areas for
overflow parking with no plans to properly develop the parking area to comply
with code standards.
Staff feels the proposed event center could negatively impact the adjacent and
nearby residential properties.
J STAFF RECOMMENDATION:
Staff recommends denial.
7
September 12, 2019
ITEM NO.: B (Cont.) FILE NO.: Z -3451-D
PLANNING COMMISSION ACTION: (JUNE 6, 2019)
The applicant was present. There were two registered objectors present. Staff informed
the commission that the applicant had requested deferral of the item on June 6, 2019 to
allow for time to meet with the neighbors and to address staff issues. There was no
further discussion. A motion was made to waive the commission's bylaws to accept the
late deferral request. That motion was seconded and approved by a vote of 8 ayes,
0 noes and 3 absent. The item was then placed on the consent agenda and approved
for deferral to the July 18, 2019 meeting. The vote was 8 ayes, 0 noes and 3 absent.
PLANNING COMMISSION ACTION: (JULY 18, 2019)
The applicants were not present. There were no registered objectors present. Staff
informed the commission that the notice requirement had not been completed and the
item needed to be deferred. There was no further discussion. The item was placed on
the consent agenda and deferred to the August 1, 2019 agenda. The vote was 8 ayes,
0 noes and 3 absent.
PLANNING COMMISSION ACTION: (AUGUST 1, 2019)
The applicant was present. There were several persons present registered in support
of the item. There were three persons present registered in opposition. Four e-mails of
opposition had been received by staff and forwarded to the commissioners. The
chairman noted here were only eight commissioners present and offered the applicant
an opportunity to defer to the next agenda. The applicant stated he would take the
deferral. There was no further discussion. A motion was made to defer the item to the
September 12, 2019 agenda. The motion was seconded and approved by a vote of
8 ayes, 0 noes, 2 absent and 1 open position.
PLANNING COMMISSION ACTION: (SEPTEMBER 12, 2019)
The applicant was present. There was one registered objector present. Three
e-mails/letters of opposition had previously been given to the commissioners. There
were several persons present in support of the application. The chairman noted there
were only seven commissioners present and offered the opportunity to defer. The
applicant stated he wished to proceed. It was noted that the applicant had mailed the
notices for this hearing via regular mail, not certified mail, as required for a third deferral.
A motion was made, seconded and approved to accept the notices as completed. Staff
presented the item and a recommendation of denial.
The applicant stated he wished to allow the opposition to speak first.
Jeff Jones, of 1204 N. Shackleford road, spoke in opposition. He voiced his concerns
about noise, traffic and late hours of opposition. He stated the dance people seemed
0
September 12, 2019
ITEM NO.: B (Cont.
FILE NO.- Z -3451-D
very nice but the proposed event center was too close to the residential neighborhood
and would negatively impact the neighborhood. He stated a mechanical contractor and
a firewood sales business that were currently in the building were noisy and had been a
problem. Mr. Jones stated a business that involved serving alcohol would not be good.
Richard Davis, representing the dance clubs, addressed the commission. He described
the history of the clubs and introduced some of the members. He described the diversity
of the clubs' membership. Mr. Davis stated this was a quality location for the dance
clubs and improvements had been made to the building. He said more improvements
were needed and the ability to rent the space as an event center would bring income that
could go to making those improvements.
Robert Walker, of the Capitol View-Stifft Station Neighborhood association, spoke in
support of the dance clubs.
Michael Bennett, the applicant, addressed the commission and described his history
with the property. He said his improvements to the building were beneficial to area
property values. He stated the mechanical contractor was only in the building
temporarily. Mr. Bennett stated he had several requests to use the building as an event
center. He stated he hosted an open house for the neighbors and most had no
concerns with his proposal afterward. He stated he was proposing more of a cultural
event center. He said the president of the Walnut Valley Property Owners Association
was on his way down to the meeting to speak in support of the item but had car trouble.
He said the use was not impactful. He stated the property was on the edge of a
neighborhood but it was also on the edge of the West Village retail and office corridor
along Rodney Parham.
In response to a question from the commission, staff discussed the currently -approved
uses for the site and the current uses occupying the property. Staff stated the dance
clubs could fit under "dance studio", an allowable 0-3 use. Staff stated they were
operating outside of the hours approved for the property. Staff commented much of the
discussion had been centered on the dance clubs but the bigger issue was the proposal
to allow an event center. A couple of the commissioners commented they could support
the proposal if it were tied to Mr. Bennett and his ownership of the property.
In repose to a question, staff stated the Fire Marshall would establish the allowable
occupancy.
Commissioner Stebbins commented that the City had recently approved an event
center on Geyer Springs Road adjacent to residential properties. He stated he felt this
was a good use of this property.
There was a further discussion of the hours and uses. Staff stated the proposed hours
for the event center could also be applied to the dance clubs; all other uses would
adhere to the previously -approved hours.
Chairman Latture stated he felt this was a perfect location for the proposed use and it
would have no impact on the neighborhood.
September 12, 2019
ITEM NO.: B (Co
FILE NO.: Z -3451-D
A motion was made and seconded to approve the item, including all staff comments and
conditions except the recommendation of denial. The motion was approved by a vote of
6 ayes, 1 no, 3 absent and 1 open position.
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