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HomeMy WebLinkAboutZ-4218-A Staff AnalysisJanuary 13, 1987 SUBDIVISIONS Item No. A NAME: South Broadway Conditional Use Permit (Z -4218-A) LOCATION: The Southeast corner of 23rd Street and South Broadway OWNER/APPLICANT: David Wilson/Ronnie D. Hall PROPOSAL: To convert an 1,875 square feet commercial building for an automobile repair facility with no outside display on land that is zoned "C-3." ORDINANCE DESIGN STANDARDS: 1. Site Location Adjacent to a residential street (23rd Street) and a -principle arterial (South broadway). 2. Compatibility With Neighborhood This site is abutted by a church use to the north, multifamily to the south, industrial to the east (AP&L Substation), and commercial/multifamily located to the west. The proposed use, properly landscaped and maintained, will be compatible with the surrounding area. 3. On -Sites Drives and Parking This site has 13 existing parking spaces (excluding the overnight parking area) and three access drives (two drives located on Broadway and one drive on 23rd Street). 4. Screening and Buffers No landscape plan has been submitted. January 13, 1987 SUBDIVISIONS Item No. A - Continued 5. Analysis The staff does not feel that the proposed use will have an adverse impact on the surrounding area. The applicant does, however, need to submit a site plan that includes the proposed landscaping. 6. city Engineerin Comments (1) Eliminate the two parking spaces parallel to Broadway. (2) Close the northernmost drive on Broadway by constructing new curb and gutter. (3) Construct a handicapped ramp on Broadway. 7. Staff Recommendation Approval, provided the applicant agrees to submit a revised site plan that includes landscaping and incorporates City Engineering Comments numbered 1-3. SUBDIVISION COMMITTEE REVIEW: The applicant was present and agreed to comply with staff recommendations. The applicant was asked to clarify what was meant by an auto repair facility. The applicant stated that he would perform work such as tune-ups, brake repair, and minor mechanical repair. The Committee felt that no body work, storage of junk cars, major auto overhauls, or automobile painting should take place on this site. The applicant agreed to comply. January 13,'19'87 SUBDIVISIONS Item No. A - Continued PLANNING COMMISSION ACTION: (12-16-86) The applicant was present and was represented by Russell Berry of Garver and Garver Engineers, Inc. The staff stated that they had received a revised site plan and that the recommendation was for approval with the additional restrictions of: (1) no outside work or testing of engines; (2) no transmission, motor rebuilding, or other major overhaul work; (3) no display or storage of body parts outside; and (4) limiting the hours of operation from 7:30 a.m. to 5:30 p.m., Monday through Saturday. The applicant agreed to comply except that he preferred to remain open until 6:30 p.m. Ms. Theresa Lynch spoke in objection to the proposal. Ms. Lynch objected to the use due to noise, lack of landscaping, and probable outside storage. She also stated that she opposed a "C-4" rezoning on the same site about one and one-half years earlier which was denied. In addition, she stated that the structure was too small to be suitable for the proposed use. Finally, she stated that the primary reason for her opposition was the use as an auto repair facility. Mr. Kenny Scott stated that this property's usage was reported as a violation on November 13, 1986. David and Virginia Wilson, the owners, spoke of their belief that the property was zoned properly. They stated that the realtor had assured them everything was okay. The Commission and the City .Attorney recommended that the Wilsons consult an attorney about their dealings with the sellers of the property. The Commission received a letter from Ron Newman, Director of the Capitol Zoning District Commission, stating opposition to the proposal. The letter .further stated that the Capitol Zoning District Commission was encouraging multifamily and office uses along South Broadway. Mr. Henk Koornstra, a resident, also stated opposition to the proposed land use. The Commission then voted 4 ayes, 4 noes, 1 abstention (Ketcher) and 2 absent on the application. The item was automatically deferred until the January 13, 1987, Planning Commission due to a lack of a majority vote. January 13, 1987 SUBDIVISIONS Item No. A - Continued SUBDIVISION COMMITTEE REVIEW: (12-29-86) The applicant was not present. The item was not discussed. PLANNING COMMISSION ACTION: (1-13-87) The applicant was present and stated that he performed a needed service and that he would be a good neighbor. The staff reiterated its recommendation of approval and also stated that it had received a letter of opposition from Mr. Jim Conner and from Thomas McGowan of the Downtown Neighborhood Association. The applicant also stated than an attorney from Delta Finance, Ron Goodman, had wanted to be present but was unable to attend due to a prior commitment. Mr. K-enny Scott of the City's Code Enforcement Department stated that Mr. Wilson had maintained a clean operation since the last Planning Commission meeting. The City Attorney stated that the purchase agreement was a private matter bet -ween the buyer and the seller. Ms. Teresa Lynch stated that she opposed the conditional use permit due to the land use and would prefer a restaurant that is allowed by right in a "C-3" zoning district. Ms. Charlotte Johnson of the Quapaw Quarter Association opposed the conditional use permit due to the proposed land use. Mr. Ted Holder stated that sympathy was not the issue and that he opposed the conditional use permit due to the adverse land use. Mr. Ron Newman, Director of the Capitol District Commission, stated that the proposed land use is incompatible with the surrounding area. Mr. Ken Christie opposed the proposed land use and stated that noise would also be a problem. The Commission then voted 1 aye, 9 noes, 1 abstention (Ketcher) to deny the conditional use permit and allowed Mr. Wilson 30 days to remove his business from the premises.