HomeMy WebLinkAboutZ-4516-C Staff AnalysisOctober 16, 2014
NO.- 7 FILE NO.: Z-4516-C
NAME: Ukegbu Vehicle Impound Lot and Wrecker Service —
Conditional Use Permit
LOCATION: 6706 S. University Avenue
OWN ERIAPPLICANT: Chidi Ukegbu
PROPOSAL: A conditional use permit is requested to allow a
vehicle impound lot and wrecker service on this
C-4 zoned property.
1. SITE LOCATION:
The site is located on the west side of University Avenue, midway
between West 65th Street and Forbing Road.
2. COMPATIBILITY WITH NEIGHBORHOOD:
The property is located in an area of C-4 uses and zoning. At one time
several properties in this area were occupied by new car dealerships.
Those businesses have relocated and the properties are now occupied by
uses such as used car sales and service, Habitat for Humanity Restore
and truck rental and repair businesses. The properties do have a rear
yard relationship to Mabelvale Pike and the residential properties along
that street. Staff is concerned that a use such as a vehicle impound lot
could have a negative impact on the nearby properties and could have the
effect of reducing the possibility of quality use and positive redevelopment
of properties in the area. Staff also feels this type use is not appropriate in
such close proximity to residential.
Notice of the public hearing was sent to all owners of properties located
within 200 feet of the site and the Geyer Springs, Mead owcliff-Brookwood,
South Brookwood — Ponderosa, Wakefield and SWLR United for Progress
Neighborhood Associations.
3. ON SITE DRIVES AND PARKING:
Access to the site is via two driveways off of S. University.. There is no
access to Mabelvale Pike. The east half of the property is asphalt paved
and has historically been used for auto sales. The applicant proposes to
store the impounded vehicles just west of the paved area, roughly in the
middle third of the property. The applicant proposes to use gravel in the
impound area, not paving.
October 16, 2014
ITEM NO.: 7 Cont. FILE NO.: Z-4516-C
4. SCREENING AND BUFFERS:
No Comment.
5. PUBLIC WORKS COMMENTS:
No Comments.
6. UTILITY, FIRE DEPT. AND CATA COMMENTS:
Wastewater: Sewer available to this project.
Entergy: Entergy does not object. Entergy will need to retain easements
for the 3 phase line along the east edge and for the single phase lines on
the north and west edges of the property.
Center -Point Ener : No Comment.
AT & T(SBC): No Comment.
Water: No Objection.
Fire Department: Install fire hydrants per Code. Must have 20 foot gates
for access.
County Planning: No Comment.
CATA: The area is currently served by CATA at this location by Route
#17 Mabelvale Downtown. The development consists of a conditional use
permit.
CATA currently uses this corridor on S. University and Mabelvale Cut -Off.
CATA requests consideration of pullouts and sidewalks at this location
to enable to pull out of traffic to serve this location when improvements
are made.
SUBDIVISION COMMITTEE COMMENT: (SEPTEMBER 24, 2014)
The applicants were present. Staff presented the item and noted some
additional information was needed. Staff asked the applicant to provide a copy of
the bill of assurance, a signage plan and a fencing plan. Staff asked for
information on any proposed site lighting. Staff commented that site lighting
must be low-level and
K:
October 16, 2014
ITEM NO.: 7 (Cont.) FILE NO.: Z-4516
directional, shielded downward and into the site. Staff asked how long vehicles
would be kept on site. It was noted that no outside repair or salvaging of vehicles
would be permitted. Staff informed the Committee that the applicant was
proposing to utilize unpaved, gravel parking for the impound lot.
Other agency comments were noted.
The applicants were instructed to respond to staff issues by October 1, 2014.
The Committee forwarded the item to the full Commission.
STAFF ANALYSIS:
The property located at 6706 S. University Avenue is occupied by a used car
sales and service business. The property consists of two long, narrow tracts that
extend from University Avenue to Mabelvale Pike and the western 2/3 of a third
tract. The existing sales and service business occupies the eastern Y2 of the two
northern tracts. The majority of the property is zoned C-4. The western portion
of the property abutting Mabelvale Pike is zoned R-2. A 6 ft. tall wood privacy
fence extends the width of the property, 25 ft. off of the Mabelvale Pike frontage.
An 8 ft. tall metal privacy and security fence encloses the middle of the two north
lots and the commercially zoned portion of the southern lot.
The applicant is requesting approval of a conditional use permit to allow for use
of a portion of the property as an impound lot. A 6 ft. tall chain link fence is
proposed to enclose a small area within the portion of the site that is enclosed by
the metal screening fence. The vehicles will be kept within the chain link fence
enclosed area. A holding area is located on the paved, eastern portion of the
tract for vehicles that are brought to the site after hours. They will then be moved
to the holding lot.
Hours of operation for the impound lot are Monday through Friday, 10:00 a.m.
to 5:00 p.m. and Saturday 10:00 a.m. to 12:00 noon. The business will employ
3 tow truck drivers, 1 dispatcher and 2 clerk/cashiers. Signage will be as allowed
in commercial zones. Any site lighting will be low-level and directed downward
and into the site. Vehicles will be stored on the site up to 45 days or longer
depending on legal requirements. They will then be auctioned off after meeting
the required time if unclaimed. No outside repair or salvaging of vehicles will
be permitted. The applicant is proposing to use gravel for the impound lot,
not paving.
Staff has concerns with the proposed use. The nature of a vehicle impound lot is
such that the use can have a negative impact on nearby properties. Storing
impounded vehicles in various states of repair and disrepair can be unsightly and
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October 16, 2014
ITEM NO.: 7 (Cont.
ILE NO.: Z--4516-C
could create a nuisance. That concern is compounded by the applicant's
proposal to store the vehicles in an unimproved lot. The property does have a
nearby relationship to a single family residential neighborhood, located just to the
west. Staff believes allowing the impound lot could negatively impact the
likelihood of the nearby commercial properties redeveloping with quality uses.
Staff also has concerns with the applicant's statement that vehicles stored on the
impound lot could remain on the site in excess of 45 days. The Zoning Ordinance
definition of "junk or salvage yard" includes the following statement:
"Any premises on which there remains outside more than thirty (30)
days an inoperable, partially dismantled, wrecked or junked vehicle
shall be deemed for the purpose of this chapter a junk or salvage
yard."
Such a use is an industrial use, not appropriate for a commercial site. Staff
believes it is likely that the circumstances described in the definition could occur.
The 1930 bill of assurance provided by the applicant does not address use
issues.
STAFF RECOMMENDATION:
Staff recommends denial.
PLANNING COMMISSION ACTION: (OCTOBER 16, 2014)
The applicants were present. Several objectors were present. Staff presented
the item and a recommendation of denial.
The applicant, Chidi Okegbu, stated he would reserve his time to respond to
issues raised by the objectors.
Pat Gee, Vice-president of SWLRUP, spoke in opposition. She stated the
organization represented 40 neighborhoods and the group had voted
unanimously to oppose the application. She stated the nearby neighborhood
would be impacted by the proposed use. Ms. Gee expressed concern that the
use would degenerate into a "junk yard." She referenced other impound lots
where the vehicles sit for extended periods of time.
Director Joan Adcock, of 6808 Mabelvale Pike, spoke in opposition. She stated
the nearby residents had been coming to the Commission meetings month after
month to respond to Mr. Okegbu's various requests. She stated the applicant
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October 16, 2014
ITEM NO.: 7 (Cont.
FILE NO.: Z-4516-C
did not maintain his property and has erected an unsightly metal fence. Director
Adcock expressed concerns about noise that the use would create and stated
Mr. Okegbu had not been working with the neighborhood. She stated Staff, the
neighborhood and the community were opposed and asked the Commission to
deny the application.
Mr. Okegbu stated he could not meet with the neighborhood because he had
received nothing but negative comments and responses. He stated he ran into
a brick wall with the previous proposal to build two new buildings on the property
and decided to change direction and go with this proposal. He stated he felt
he had been harassed over various issues and just wanted to do business.
Mr. Okegbu stated the law required the vehicles to be kept for 45 days after
which they could be sold to cover the towing and storage costs. He stated the
metal fence would be painted a uniform color within the next few days.
Commissioner Nunnley reminded Mr. Okegbu that he had been encouraged by
the Commission to meet with the neighborhood. He stated an impound lot could
be done so that it looks good. He stated he also had concerns about the impact
of an impound lot on the redevelopment of S. University Ave. and the effect of
having it so close to the neighborhood. He asked again if Mr. Okegbu could
work with the neighborhood to address some of the issues.
Mr. Okegbu responded that he could. He again described the fencing. He stated
he had towed 50 vehicles onto the site and no one complained about seeing
them or hearing any noise. He stated he could by -right park vehicles on the
property for the car lot.
Chairman Fountain stated he had a problem with the fence. He stated he
understood small business but did not understand all that Mr. Okegbu wanted
to do. Mr. Okegbu stated he wanted to do car sales and repair and to have the
impound lot at the rear of the site. He stated he wanted to build homes on the
R-2 zoned portion of the property that fronted onto Mabelvale Pike. He stated
other impound lots were located on commercial properties. In response to a
question, Mr. Okegbu stated he maintained the R-2 portion by mowing it when it
wasn't too wet to do so.
Commissioner Bubbus stated he believed impound lots were needed but he felt
retail use was a better use for this site.
In response to a question, Mr. Okegbu stated he was currently operating a
wrecker service but not bringing the vehicles to this site for storage.
Staff member Dana Carney addressed several of the issues that had been
raised. He stated it was not correct to turn this into a neighbor vs. neighbor
issue. He stated Staff was opposed to the use. He stated this site was not an
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October 16, 2014
ITEM NO.: 7
FILE NO.: Z-4516-C
appropriate site for such a use. Mr. Carney stated each conditional use
application is reviewed on its own merits and there were differences in each use
and each site under consideration. Where an impound lot might be appropriate
for one site, it would not be appropriate for another. He stated a wrecker service
was allowed
in this zone and Mr. Okegbu could have an office and run the wreckers out of
the site, just not bring the vehicles here for storage. Mr. Carney stated it was
apparent Mr. Okegbu had difficulties adhering to code requirements as it is and
it would not be appropriate to allow any expansion to include the impound lot.
Mr. Carney made note of Mr. Okegbu's statement that he had already towed
50 vehicles onto the site without approval. Mr. Carney stated the property could
not be used for parking of vehicles, including an expansion of the car lot, without
properly developing the site, including pavement and landscaping. He reiterated
staff's opposition.
Commissioner May commented that he could not support the application.
A motion was made to approve the application, including all staff comments and
conditions except that of denial. The vote was 0 ayes, 10 noes and 1 absent.
The motion failed.
0
SUBDIVISION COMMITTEE COMMENTS
SEPTEMBER 24, 2014
ITEM NO.: 7. UKEGBU VEHICLE IMPOUND LOT AND WRECKER —
CONDITIONAL USE PERMIT 6706 S. UNIVERSITY AVENUE Z-4516-C
Planning Staff Comments:
1. Provide a copy of the bill of assurance for the subject property.
2. Provide a signage plan.
3. Provide information on any proposed site lighting. Lighting must be low-level and directional, shielded
downward and into the site.
4. Locate and describe all existing and proposed fencing on the site plan. Specifically describe the fencing to
be erected around the vehicle storage areas.
5. How long will vehicles be kept on site?
6. No outside repair or salvaging vehicles will be permitted.
7. The vehicle impound lot is proposed to not be paved.
Variance/Waivers:
• Gravel parking for the vehicle storage lot
Public Works:
No Comments.
Utilities and Fire Department/County Planning;
Wastewater: Sewer available to this project.
Entergy: Entergy does not object. Entergy will need to retain easements for the 3 phase line along the east edge
and for the single phase lines on the north and west edges of the property.
Centerpoint Energy: No Comment.
AT&T (SBC): No Comment.
Water: No Objection.
Fire Department: Install fire hydrants per Code. Must have 20 foot gates for access.
County Planning: No Comment.
CATA: The area is currently served by CATA at this location by Route # 17 Mabelvale Downtown. The
development consists of a conditional use permit.
CATA currently uses this corridor on S. University and Mabelvale Cut -Off. CATA requests
consideration of pullouts and sidewalks at this location to enable buses to pull out of traffic to serve this
location when improvements are made.
Planning Division: No Comment.
Landscape: No Comment.
ITEM NO.: 7 CON'T Z-451 b-C
Other: Submit responses to staff issues and four (4) copies of a revised site plan (if required) no later than
Wednesday October 1, 2014. Required notices are to be sent via certified mail to all owners of properties located
within two hundred (200) feet of the site no later than Wednesday October 1, 2014. The City -provided notice
form must be used. Proof of notice is to be provided to staff no later than October 10, 2014.
Subdivision Committee Comments
September 24, 2014
Item No: 7 Uke bu Vehicle Impound Lot and Wrecker Conditional Use Permit 6706 S. University Avenue
Z-4516C
Planning Staff Comments
1. Copy of the Bill of Assurance for the property.
2. Signage Plan: Plan that meets the minimum requirements for signs in the city of Little Rock.
The business will follow all rules and regulations as it relates to appropriate business signage.
3. Provide information on any proposed site lighting. Lighting will be low-level and directed on the
business and shielded downward and into the site. Business will comply with all rules and
regulations as it relates to lighting.
4. Locate and describe all existing and proposed fencing on the site plan. Specifically describe the
fencing to be erected around the vehicle storage areas. Existing fencing currently includes a
wooden privacy fence that is 6 feet tall that is 539.58 ft. on the northern side of the property
near Mabelvale Pike. Coming in 200 feet there is an 8 foot galvanized steel fence with
barbwire. The dimensions of this fence is as follows; northeast side of fence is 539 ft. close to
Mabelvale Pike; eastern side of property closest to 65th street is 162.44 ft.; western side 402.43
ft. and southern side 476.99 ft. There is also a 6 Ft. chain link fence enclosing Lot "A" holding
area and the dimensions are 296.99 Ft. by 130Ft.
A proposed 6 foot chain link fence to be erected inside of the galvanized steel fence area part of
lot 4 of A.W. Taylor subdivision and the dimensions will be 295 Ft on the western side and 165
feet on the northern side and 228.5 ft. on the eastern side and 155.59ft on the southern side.
This will be the lot B holding area where vehicles will be stored. (See diagram)
5. How long will vehicles be kept on site? Vehicles will be stored on site up to 45 days or longer
depending on any legal requirements. Vehicles will be auctioned off after meeting the required
length of time and remains unclaimed.
6. No outside repair or salvaging of vehicles will be permitted. Agreed
7. The vehicle impound lot is proposed not to be paved.
Variance/ Waivers
■ Gravel parking for the vehicle storage lot
Puhlic Works
• No comments
Utilities and Fire Department/Count Planning:
Wastewater: Sewer available to this project.
Entergy: Entergy does not object. Entergy will need to retain easements for the 3 phase line along the
east edge and for the single phase lines on the north and west edges of the property.
Centerpoint Energy: No comment
AT&T (SBC) No comment
Water: No objection
Fire Department: Install fire hydrants per Code. Must have 20 foot gates for access. Gates already
installed.
County Planning: No comment
CATA: The area is currently served by CATA at this location by Route #17 Mabelvale Downtown. The
development consist of a condition use permit.
CATA currently uses this corridor on S. University and Mabelvale Cut -OFF. CATA requests consideration
of pullouts and sidewalks at this location to enable buses to pull out of traffic to serve this location when
improvements are made.
Planning Division: No Comment.
Landscape: No comment.
Other: Submit response to staff issues and four (4) copies of a revised site plan (if required) no later
than Wednesday October 1, 2014. Required notices are too be sent via certified mail to all owners of
properties located within two hundred (200) feet of the site no later than Wednesday October 1, 2014.
The City -provided notice form must be used. Proof of notice is to be provided to staff no later than
October 10, 2014. Date done: Monday,September 29 2014