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HomeMy WebLinkAboutZ-5178-B Staff AnalysisApril 21, 1992 ITEM NO.: 3 OTHER MATTERS APPLICANT: Dell Rich - Capitol Keyboard PCD (Z -5178-B) LOCATION: 13401 Chenal Parkway at Old Town Road Intersection Southwest Corner REQUEST: To amend the permitted use group. STAFF REPORT: Dell Rich, the proprietor of Capitol Keyboard, requests the Planning Commission extend to this PCD an approval of the community theater shows in one of the rooms. The community theater has four shows annually and have requested the Capitol Keyboard facility for only three of these shows. Each show has only six or seven performances over a two week period with each performance averaging 50 to 75 people in the audience. These activities will be held in the evenings and on Sundays. , STAFF RECOMMENDATION: The Planning staff's view of this proposal is that this use is appropriate for the place and type of activities. We suggest the applicant notify all adjoining property owners and provide a schedule of the theater performances for staff's file. PLANKING COMMISSION ACTION: (APRIL 21, 1992) There were no objectors present. The Chairman asked the staff to present its recommendation. Richard Wood of the staff offered a brief overview of the history of this proposed activity on-site. He stated, on one occasion during 1991, the Community Theater performed a series of shows at this location under enforcement notice by the Zoning Enforcement staff. The owner of the property was instructed that the remedy was a revision of his Planned Commercial District. The owner was unable to file the application until March of this year, therefore, creating a problem for the Community Theater. Wood pointed out that staff had administratively approved the first performance for this year with the revised Planned Commercial District to allow later performances during 1992. Wood described the site and indicated that there should not be a parking problem on or about the site since there are 33 parking spaces on Capitol Keyboard's development area. Within a one block radius of the site, there are four commercial businesses in place which are closed after normal business hours and on weekends. This could provide the necessary numbers of stalls to provide for the 50 to 75 people average performance. 1 April 21, 1992 ITEM NO.: 3 fCont.) OTHER MATTERS Wood also pointed out that there has been no objection reported by any of the adjacent owners or business occupants to this proposal. A certified mail notice was delivered to each of the property owners within 200 feet. Wood indicated that staff's recommendation was approval of the change as requested with the commitment to the number of performances as outlined in the proposal of the applicant. Commissioner Oleson then raised the question, "During the time that the Commission approved the original PCD, was there not also included in the application approval for recitals and events of that nature?". Wood's response was in the affirmative. He pointed out that the structure was constructed for this kind of activity, and a limited amount of recitals and demonstration activity was included in the approval. He also responded to the latter part of her question and stated that this use was not included within the original PCD. The Chairman asked if there were interested parties here today either for or against the proposal. Mr. Drake Mann identified himself as the spokesperson for the Community Theater. Mr. Mann presented a brief presentation. He identified several persons with him in the audience, specifically Kathy Hayden. Mr. Mann made a statement that although the staff report presented to the Committee accurately reflect their past activity, it is not adequate to cover the proposal which they now are presenting to the Commission. He indicated that it was there hope that the audience size would increase as they attract larger audiences. He indicated their hope was to increase their attendance from 75 to 100 people per performance. Additionally, he stated that the two week period would be extended to perhaps a three week period with better performances. Commissioner Oleson then pointed out to Mr. Mann that the number may change and asked, "How was it presented in the amendment to staff or was it, in fact, written in the amendment?" Richard Wood stated that he did not feel like the staff would place a maximum number on the performances because it was his understanding the performing area was limited to a total of 200 people by the fire marshal, both performers and audience. He felt like there was already a built limit to the number of persons for each performance. Additionally, Wood stated that staff would be guided by the number of performances and the time frame which the applicant identifies. Mr. Mann then pointed out that the staff report accurately reflected that three of their four annual shows would be conducted at the Capitol Keyboard site. He indicated that although they now reflect 6 to 7 performances over a two week period. In the application as presented today, there hope is that the performances would be increased to ten or so over a three week period. Mr. Mann indicated that he would make that amendment to the application and offer it to the Commission at this time. He expanded on his comment to say that he had nothing 2 April 21, 1992 ITEM NO.: 3 Cont. OTHER MATTERS more to add to the average number of audience at the performances, except to say that they wish to increase the attendance. He indicated that he did not have advanced bookings or numbers on which to rely. He stated that the appeal of his shows would actually dictate the number of persons which would attend. The Chairman then asked staff if they had any problems with -the amendment as now presented. Richard Wood of staff indicated they did not. The Chairman then called the question on the issue as amended. The amendment to place no limitation except the physical limitation on the attendance within the auditorium. A limitation that only three shows per year be conducted at this facility with ten performances over a three period for each show. The activities to be held in the evenings and on Sundays. The motion was then put to a vote. A show of hands reflected that the application passed by a 8 ayes, 0 nays and 2 absent. 3