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HomeMy WebLinkAboutZ-3648-B Staff AnalysisFebruary 23, 1982 Item No. 1 - Z -3648-B Owner: E.M. Pfeifer Applicant: E.M. Pfeifer Location: 8323 New Benton Highway Request: Rezone from "I-2" Light Industrial to "C-3" General Commercial Purpose: B.J.'s Star -Studded Honky-Tonk Size: 1.89 acres + Existing Use: Proposed use is open and operating since December 30, 1981 SURROUNDING LAND USE AND ZONING: North - Interstate 30 South - Industrial, Zoned "I-2" East - Vacant, Zoned "I-2" West - Commercial, Zoned "R-2" PLANNING CONSIDERATIONS: No adverse comments have been received from any reviewing agency regarding this request. This property has been converted from the former Mechanics Lumber Company use to B.J's Star -Studded Honky-Tonk, a country and western style night club (private). The change in use was approved by the City Manager at the request of the new tenants. The use of the property is compatible with the Suburban Development Plan, which shows this area for strip development, indicating a combination of industrial and commercial uses. There is a motel to the west and several other commercial activities along the Interstate Frontage near to this property. Industrial development abuts this property to the south for a depth of approximately 1,000 feet. STAFF RECOMMENDATION: Staff recommends approval. February 23, 1932 Item No. 1 - Continued COMMISSION ACTION t1-26-32)0 The applicant was present and was represented by David Henry, who was jointly representing the applicant and the tenant of the property known as B.J.'s Star -Studded Honky-Tonk. There were three objectors. Mr. Henry stated the history of the case relative to the activities that had occurred and what had caused the case to come before the Planning Commission in this manner. Robert Germanski, Operations Manager for Motel 6, stated that Motel 6 had lost business because of the location of B.J.'s immediately to the east. He said that there had been a lack of cooperation by the management of B.J.'s with the management of Motel 6, and he talked about the parking problems that were being felt at Motel 6 as a result of B.J.'s overflow parking situation. He asked the Planning Commission to deny the application, and he cited the extreme hardship of costs on Motel 6 which are associated with the need for additional security persons and costs associated with towing off the improperly parked cars. Barney Gelbert and Mrs. Gelbert, managers of the Motel 6 operation, offered to show the Planning Commissioners the "sights" at B.J.'s any evening during the week, stating that Friday and Saturday nights were usually the worst because of the extra people who would normally show up. They said that it was virtually impossible for anyone to imagine how bad a situation could be without having first-hand knowledge, left a standing invitation for Planning Commissioners to come out to Motel 6 and said that they would be glad to show them around and indicate the problems anytime. Mr. Gelbert stated that roughly 175 people patronize motel 6 on a given night and stated that some of the customers recently, since the opening of B.J.'s, had demanded money back because of their inability to sleep owing to the noise associated with the music and the operation of the Honky -Torek. He stated that he had authorization from Jerry McGuire, the UPS Manager, to object to the location of B.J.'s, stating that they had had some problems with cars parking blocking access in and out of the UPS property. Mr. Henry stated that B.J.'s has a working agreement with United Parcel Service to use their parking facilities. He admitted that there was a parking problem on Friday and Saturday nights given to overflow crowds, but stated that they were going to use a vacant parcel of property immediately to the east of B.J.'s for parking as soon as the weather permitted the development of that parcel for parking usage. He cited the snow, mud, rain and various other natural phenomena which had prohibited the development of February 23, 1982 Item No. 1 - Continued that additional parking facility. Mr. Henry stated that B.J.'s had posted guards at beth entrances to Motel 6 in___ order to assure that people would not improperly park at the motel when attending functions at B.J.'s. He stated that in his view, the objections raised by the Motel 6 people were operational problems which could be satisfied in other ways and that B.J.'s was willing to cooperate with Motel 6 to their mutual satisfaction if possible. He went on to say that the question at hand had to do with land use and zoning issues and did not deal with specific nuisance complaints that might be a part of a side issue to the case. After this lengthy discussion, the Commission moved to approve the application as filed. The motion failed on a vote of 4 ayes, 5 noes, 2 absent. By the Planning Commission Bylaws, the matter was deferred to the February 23 Planning Commission meeting. STAFF COMMENT In an effort to answer some of the questions raised during the last meeting, staff made an on-site investigation of the parking situation. Staff's conservative estimate of parking capacity is 205 cars. If controlled parking were used, such as valet service, an estimated 50 additional cars could be stored on-site. It is conceivable that this still is not adequate under certain operating conditions; however, it is above the Ordinance requirements for this use. The applicant has indicated that an adjacent site, measuring 150 x 490 feet, will be cleared and prepared for parking use. Staff estimates that this additional facility will double the present parking capacity. The issue at hand is land use and the appropriate zoning to accommodate that use. Every business located along this section of Interstate 30 is appropriate in either "C-3" or "C-4" zoning. The Suburban Development Plan shows the area for commercial use, and this can be construed as present City land use policy for this area. February 23, 1982 Item No. 1 - Continued COMMISSION ACTION: The applicant was present and stated that they were making every effort to work with the tenant of the property (B.J.'s) to alleviate the parking problem that had been pointed out at the earlier Planning Commission meeting. Joe Hemp, attorney representing Motel 6, stated that in his client's view there were two issues, the first being noise generated by the neighboring property, B.J.'s and the off-street parking. He stated that efforts were being made to solve both problems and that they were working with the owners of the establishment and the owner of the property to attempt to resolve all of the issues brought forth. One of the co-owners, Bill McArthur, stated, with reference to the noise problem, that B.J.'s had hired a company to install insulating materials to the walls adjacent to the motel; and that in order to solve the parking problem, he had a letter of agreement with UPS for use of the UPS employee parking lot for weekend overflow parking, that they had hired uniform guard to police the parking on the establishment and have an agreement worked out with the owner of the property to increase the parking onto the portion of the property immediately to the east as soon as the weather elements permit. In answering the Planning Commission's questions, he stated that the uniform guards are permanent for weekend days, that they were unnecessary for weekdays, that the Little Rock Fire Marshal had okayed they operation as being safe and that continuing efforts will be made to solve all of the problems as well as possible. After lengthy discussion, the Commission moved to approve the application as filed. The motion passed - 7 -yes, 3 noes, and 1 absent. Dr. Wright voiced objection to the manner in which the matter was originally handled by the City Manager's Office. In that line, the Planning COmmiSSiUrL made a motion expressing its disapproval of the permits being issued prior to Planning Commission hearings in cases of this type. That motion passed - 10 ayes, 0 noes, 1 absent. January 26, 1982 Item No. 3 - Z -3648-B Owner- E.M. Pfeifer Applicant: E.M. Pfeifer Location: 8323 New Benton Highway Request: Rezone from "I-2" Light Industrial to "C-3" General Commercial Purpose: B.J.'s Star -Studded Honky-Tonk Size: 1.89 acres + Existing Use: Proposed use is open and operating since December 30, 1981 SURROUNDING LAND USE AND ZONING: North - Interstate 30 South - Industrial, Zoned "I-2" East - Vacant, Zoned "I-2" West --- Commercial, Zoned "R-2" PLANNING CONSIDERATIONS: No adverse comments have been received from any reviewing aqency regarding this request. This property has been converted from the former Mechanics Lumber Company use to B.J's Star -Studded Honky-Tonk, a country and western style night club (private). The change in use was approved by the City Manager, with the consent of the Little Rock Board of Directors, at the request of the new tenants. The use of the property is compatible with the Suburban Development Plan, which shows this area for strip development, indicating a combination of industrial and commercial uses. There is a motel to the west and several other commercial activities along the Interstate Frontage near to this property. Industrial development abuts this property to the south for a depth of approximately 1,000 feet. STAFF RECOMMENDATION: Staff recommends approval. January 26. 1982 Item No. 3 - Continued COMMISSION ACTION: The applicant was present and was represented by David Henry, who was jointly representing the applicant and the tenant of the property known as B.J.'s Star -Studded Honky-Tonk. There were three objectors. Mr. Henry stated the history of the case relative to the activities that had occurred and what had caused the case to come before the Planning Commission in this manner. Robert Germanski, Operations Manager_ that Motel 6 had lost business becau: B.J.'s immediately to the east. He a lack of cooperation by the manageme management of Motel 6, and he talked problems that were being felt at Mote B.J.'s overflow parking situation. F Commission to deny the application, e hardship of costs on Motel 6 which ax need for additional security persons with towing off the improperly parker and Mrs. Gelbert, managers of the Mot to show the Planning Commissioners th for Motel 6. stated e of the location of aid that there had been nt of B.J.'s with the about the parking 1 6 as a result of e asked the Planning nd he cited the extreme e associated with the and costs associated cars. Barney Gelbert el 6 operation, offered e "sights" at B.J.'s any evening during the week, stating that Friday and Saturday nights were usually the worst because of the extra people who would normally show up. They said that it was virtually impossible for anyone to imagine how bad a situation could be without havinq first-hand knowledge, left a standing invitation for Planning Commissioners to come out to Motel 6 and said that they would be glad to show them around and indicate the problems anytime. Mr. Gelbert stated that roughly 175 people patronize Motel 6 on a given night and stated that some of the customers recently, since the opening of B.J.'s, had demanded money back because of their inability to sleep owing to the noise associated with the music and the operation of the Honky-Tonk. He stated that he had authorization from Jerry McGuire, the UPS Manager, to obiect to the location of B.J.'s, stating that they had had some problems with cars parking blocking access in and out of the UPS property. Mr. Henry stated that B.J.'s has a working agreement with United Parcel Service to use their parking facilities. He admitted that there was a parking problem on Friday and Saturday nights given to overflow crowds, but stated that thev were going to use a vacant parcel of property immediately to the east of B.J.'s for parking as soon as the weather permitted the development of that parcel for parking usage. He cited the snow, mud, .rain and various other natural phenomena which had prohibited the development of January 26,. 1982 Item No. 3 - Continued that additional parking .facility. Mr. Henry stated that B.J.'s had posted guards at both entrances to Motel 6 in order to assure that people would not improperly park at the motel when attending functions at B.J.'s. He stated that in his view, the objections raised by the Motel 6 people were operational problems which could be satisfied in other ways and that B.J.'s was willing to cooperate with Motel 6 to their mutual satisfaction if possible. He went on to say that the question at hand had to do with land use and zoning issues and did not deal with specific nuisance complaints that miqht be a part of a side issue to the case. After this lengthy discussion, the Commission moved to approve the application as filed. The motion failed on a vote of. 4 ayes, 5 noes, 2 absent. By the Planning Commission Bylaws, the matter_ was deferred to the February 23 Planning Commission meeting.