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HomeMy WebLinkAboutZ-5948 Staff AnalysisFILE NO.: �-594$ NAME• LOCATLON: OWNER APPLICANT: PROPOSAL: ORDINANCE DESIGN STANDARDS: 1. Site LoCatiOn Harris Bookstore - Conditional Use Permit 6300 Scott Hamilton Road Arlan Harris A conditional use permit is requested to allow the use of this existing, I-2 zoned building and property as an adult arcade and adult bookstore. The property is located on the west side of Scott Hamilton Road, approximately 500 feet north of its intersection with West 65th Street. 2. Com atibilit with Nei h}�arhood The property is located within the West 65th Street Industrial Park, a large area of industrial zoning and uses located either side of West 65th Street. This property is within an area identified to the federal courts as being appropriate as a potential location for a sexually oriented business in compliance with Ordinance No. 15,629. 3, On -Site Drives and Parkin The property is fully developed and is currently being used as a truck sales and service center. The applicant will re -mark 21 parking spaces on a paved portion of the lot. The parking will exceed ordinance requirements. 4. screening and Buffers The site is zoned I-2 as is all adjacent property. There is no buffer requirement. Although not required by Ordinance, the applicant is installing several areas of landscaping around the public parking lot. 5. Cit En ineer Comments Repair broken driveway apron. FILE NO.: Z-5948 Cont. This property lies in an area of shallow flooding with the 100 year depths of less than one foot. The base flood elevation in this area is 257 NAD 1927. 6. utility and Fire De artment Comments No comments 7. Sexuall Oriented Business Ordinance Section 4 of Little Rock Ordinance No. 15,629 which regulates the location of Sexually Oriented Businesses states: (1) A person commits an offense if he operates or causes to be operated a sexually oriented business within 750 feet of: (a) a church or other religious facility; (b) a public or private elementary, secondary or post- secondary school; (c) a boundary of a residential zone (R-1, R-2, R-3, R-4, MF -6, MF -12, MF -18, MF -24, R-5, R-6, R-7, HR, MR, HDR or PRD) or any single family or multiple family residential use; (d) a public park; (e) a hospital or other medical facility; or (f) properties listed on the National Register of Historical Places or local Historic Districts as identified by in the Arkansas Historic Preservation Program. (2) A person commits an offense if he causes or permits the operation, establishment, or maintenance of a sexually oriented business within 750 feet of another sexually oriented business. The property in question complies with those guidelines outlined above. 8. Staff Analysis The applicant requests a conditional use permit to allow the use of this existing I-2 zoned building and property as an adult arcade and adult bookstore. Little Rock Ordinance No. 15,629 defines adult arcade and adult bookstore as the following: 2 FILE O.: Z-5948(Con t- (1) Adult Arcade -- Any place to which the public is permitted or invited wherein coin-operated or slug - operated or electronically, electrically, or mechanically controlled image -producing devices are maintained to show images to five or fewer viewers at one time, and where the images so displayed are distinguished or characterized by the depicting or describing of "SPECIFIED SEXUAL ACTIVITIES" or "SPECIFIED ANATOMICAL AREAS". (2) Adult Bookstore or Adult Video Store -- A commercial establishment which, as one of its principal business purposes, offers for sale or rental for any form of consideration any one or more of the following: (a) books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes, or video reproductions, slides or other visual representations which depict or describe "SPECIFIED SEXUAL ACTIVITIES" or "SPECIFIED ANATOMICAL AREAS"; or (b) instruments, devices, or paraphernalia which are designed for use in connection with "SPECIFIED SEXUAL ACTIVITIES." That same ordinance regulates the location of such businesses by defining a specific distance of separation which these uses must maintain from several other uses (see Section 7 above). This property is within an area identified to the federal court as being appropriate as a potential location for a sexually oriented business in compliance with Ordinance No. 15,629. Staff believes the proposed use to be appropriate for this property and supports the application. Staff would recommend that any signage be low key and of muted colors and that there not be a "mural type" sign with graphics, pictures or product advertising. In response to that concern, Mr. Harris has proposed a ground mounted sign 4 feet by 8 feet in area and 18 feet in height; and a wall sign, on the front wall of the building, 2 feet by 8 feet in area. 9, Staff Recommendat ion Staff recommends approval of the conditional use permit subject to the following conditions: 1. Compliance with the City Engineer's Comments 3 FILE NO.: Z-5848 Cont. 2. Landscaping being installed as proposed on the site plan submitted by the applicant. 3. Signage being low key and of muted colors. a. The ground mounted sign is to be 4 feet by 8 feet in area and 18 feet in height. b. The single wall sign to be 2 feet by 8 feet in area. C. There is not to be any "mural type" signage with graphics, pictures or product advertising. SUBDIVISION COMMITTEE COMMENT: (FEBRUARY 2, 1995) The applicant, Arlan Harris, was present. Staff presented that item and outlined the City Engineer and Signage Comments noted above. Bob Brown, Plans Review Specialist, discussed the proposed landscaping and stated that it exceeded ordinance requirements. After a brief discussion, the Committee determined that there were no other outstanding issues and forwarded the item to the full Commission. PLANNING COMMISSION ACTION: (FEBRUARY 21, 1995) The applicant was present. There were several objectors present. Staff informed the Commission that several telephone calls and letters in opposition to the proposal had been received. Staff presented the item and informed the Commission that there were no outstanding issues. Mr. Harris offered no additional comments at that point. Frank Butler, of Strauss Distributing Company which owns property in the area, spoke in opposition to the proposal. He stated that the bookstore/arcade would generate vehicular traffic which would affect truck traffic in the neighborhood. Tom Brock, of Geyer Springs First Baptist Church, addressed the Commission in opposition to the item. Bob Hardin, representing the property at 3700 West 55th Street, spoke in opposition to the item. He stated that the proposed use was incompatible with the neighborhood and would have a negative impact on traffic coming to his business. Mr. Hardin concluded by stating that new businesses are moving into the area and this proposed use would be detrimental to the business climate of the neighborhood. 4 FIL igont. Paul Majors. of J and B Supply, addressed the Commission in opposition to the item. He also stated that the proposed use would generate traffic which would impact truck traffic in the area. Mr. Majors concluded by stating that he also spoke for Gerald Johnson, owner of the property at 6320 Scott Hamilton, who is also opposed to the item. Beverly Nelson, President of the Meadowcliff/Brookwood Neighborhood Association spoke in opposition to the bookstore/arcade. verlene Williamson presented a petition in opposition to the item signed by the members of Geyer Springs First Baptist Church. (Staff did not receive a copy of the petition and, as such, it is not in the file.) In response to a request from Chairman Walker, Stephen Giles of the City Attorney's office, spoke about the City's Ordinance which regulates sexually oriented businesses. Mr. Giles stated that constitutionally this use cannot be excluded just because some persons find it offensive. The location of such uses, he continued, can be regulated via land use regulations. Mr. Giles concluded by stating that the Planning Commission must look at Ordinance guidelines to determine whether to approve or deny the conditional use permit; what goes on inside the business is a constitutionally protected First Amendment right. Mr. Harris then addressed the Commission. He presented a list of video stores which he claims are renting the same videos which will be available at this proposed business. Mr. Harris also presented a petition signed by customers of his business in favor of this proposed location. (Staff did not receive a copy of the petition and, as such, it is not in the file.) In response to a question from Chairman Walker, Mr. Harris stated that there will be no access to his site from Dividend Street. Chairman Walker asked Mr. Harris if he currently had a business that was out of compliance with the City's Sexually Oriented Business Ordinance. Mr. Harris responded that he did but that it would close when this one was approved. Chairman Walker asked why the location, which is out of compliance, is still open. Mr. Harris responded that no one had told him to close it. Mr. Giles stated he would review the matter with the Zoning Enforcement staff. A brief discussion then followed concerning the exact use of the property. The use is as described in Little Rock Ordinance No. 15,629 as an adult arcade and adult bookstore or adult video store. 5 FILE NO.: Z-5948 Cont. In response to a question from the Commission, Dana Carney, of the Planning Staff, described the proposed signage and landscaping improvements. Commissioner Willis asked if this site complied with all aspects of the 750 foot separation outlined in the ordinance. Mr. Carney responded that he had prepared a map showing the 750 foot perimeter and made a site inspection to assure compliance. After further discussion, Chairman Walker asked what the hours of the business would be. Mr. Harris responded that the business would be open 24 hours a day. Commissioner Putnam asked if this site complies with Ordinance Standards and is denied, will there be a lawsuit. Mr. Giles responded that there would be a lawsuit, in his opinion. Mr. Harris stated that the argument that this use will hurt business in the area is unfounded. He gave an example of a company which just recently made a large investment in a property located within 750 feet of the adult arcade/bookstore at 65th and Murray Streets. Mr. Giles asked the Commissioners to consider what it was about this use, other than its sexual nature, that they objected to. Chairman Walker stated if it wasn't for the Ordinance that relegates this use to this location, the application would not be at the Planning Commission. Commissioner Adcock stated that she had to consider the businesses and residents already in place before allowing a new use into an area. In response to a question from the Commission, Bob Brown, Plans Review Specialist, discussed the proposed landscaping plan for the site. After a brief discussion, the question was called and a vote taken. The vote was 2 ayes, 4 noes, 3 absent and 2 abstaining (Putnam, Woods). Due to a lack of 6 votes either for or against the item, it was automatically deferred to the April 4, 1995 Commission meeting. SUBDIVISION COMMITTEE COMMENT: (MARCH 16, 1995) The applicant, Arlan Harris, was present. Staff informed the Committee that Mr. Harris had attempted to answer concerns raised at the February 21, 1995 Planning Commission meeting by eliminating access to the site from Dividend Street, adding an additional 100 square feet of interior landscaping to fully 6 FILE NO.: Z-5948 Cont. comply with the Landscape Ordinance and by limiting the hours of operation to 16 hours a day. Mr. Harris stated that the elimination of access to Dividend Street should answer concerns about his customers' automobile traffic interfering with truck traffic in the area. In response to a question from the Committee, Mr. Harris stated that the hours of operation were the same number of hours that the business on the site is currently using. He stated that his hours would be from 10:00 a.m. to 2:00 a.m. The Committee then forwarded the item to the full Commission. PLANNING COMMISSION ACTION: (APRIL 4, 1995) The applicant, Arlan Harris, was present. There were several objectors present. Staff presented the item and informed the Commission that the applicant had agreed to eliminate access to Dividend Street, add an additional 100 square feet of interior landscaping to fully comply with the Landscape Ordinance, and to limit the hours of operation to 16 hours per day (10:00 a.m. to 2:00 a.m.). At the request of Commissioner Putnam, Deputy City Attorney Steve Giles gave a brief history of the Sexually Oriented Business Ordinance. He stated that the proposed site complied with the spacing requirements outlined in that Ordinance. Mr. Giles also stated that the issue of compatibility with the neighborhood had been resolved by virtue of the Board of Directors establishing guidelines for the placement of such businesses within the Sexually Oriented Business Ordinance. Mr. Harris offered no additional comment at this point. Tom Brock, of Geyer Springs First Baptist Church, spoke in opposition to the item. Frank Butler also spoke against the proposed use. Gerald Johnson addressed the Commission in opposition to the item. He asked the Commission to impose the condition that there is to be no live entertainment at this site. Mr. Johnson also stated that he was concerned about the proposed hours of operation. Carroll Strickland, representing the Upper Baseline Road Neighborhood Association, spoke in opposition to the item. Jim Lawson, Director of the Department of Neighborhoods and Planning, addressed the Commission. He recommended that the Commission add the condition that this proposed location not be allowed to open until Mr. Harris' other location, closer to the Wakefield neighborhood, is closed. 7 FILE �o.: ti -5948 Cont. Mr. Harris and his attorney, John Wesley Hall, addressed the Commission and stated that the other location will be closed as soon as this proposed site is opened. Mr. Giles recommended that the Certificate of Occupancy be withheld at this proposed location until the business at 4717 West 65th Street is brought into compliance with the Sexually Oriented Business Ordinance. Mr. Hall agreed to that condition. Commissioner Walker asked Mr. Harris if he would reconsider the proposed hours of operation. Mr. Harris responded that he did not wish to change the requested hours. Commissioner Walker asked Mr. Harris if he would agree to the condition that there not be any live entertainment at this location. Mr. Harris responded that he would agree to that condition. Commissioner Adcock stated that she did not agree with the requested hours of operation and wanted the business to reduce the number of hours it would be open. After discussion with Mr. Hall, Mr. Giles told the Commission that the hours of operation of a sexually oriented business was not presented as an issue in the federal courts. He cautioned the Commission to look at the compatibility of the proposed hours of operation with the hours of operation of the other businesses in the area. He reminded the Commission that there had already been testimony that there were 24 hour a day trucking operations in the area. After a further discussion, the question was called and a vote taken. The vote was 7 ayes, 2 noes and 2 absent approving the item as recommended by staff with these additional conditions agreed to by the applicant: 1. There is to be no access to this site from Dividend Street. 2. Additional interior landscaping is to be added to the site in addition to that proposed in the applicant's site plan. 3. The hours of operation are limited to 16 hours per day (10:00 a.m. to 2:00 a.m.). 4. There is to be no live entertainment at this site. 5. No certificate of Occupancy is to be issued for this site until Mr. Harris' existing location at 4717 West 65th Street is brought into compliance with the provisions of Little Rock Ordinance No. 15,629 (the Sexually Oriented Business Ordinance). 8 April 4, 1995 ITEM NO.: D FILE NO.• r7-rQA$ NAME• LOCATIO�- WNER APPLICANT: PROPOSAL• ORDINANCE DESIGN -STANDARDS: 1. Site Location Harris Bookstore - Conditional Use Permit 6300 Scott Hamilton Road Arlan Harris A conditional use permit is requested to allow the use of this existing, I-2 zoned building and property as an adult arcade and adult bookstore. The property is located on the west side of Scott Hamilton Road, approximately 500 feet north of its intersection with West 65th Street. 2. Compatibility with Neicrhborhood The property is located within the West 65th Street Industrial Park, a large area of industrial zoning and uses located either side of West 65th Street. This property is within an area identified to the federal courts as being appropriate as a potential location for a sexually oriented business in compliance with Ordinance No. 15,629. 3. n -Site Drives and Parkin The property is fully developed and is currently being used as a truck sales and service center. The applicant will re -mark 21 parking spaces on a paved portion of the lot. The parking will exceed ordinance requirements. 4. Scrgening gnd B ff r The site is zoned I-2 as is all adjacent property. There is no buffer requirement. Although not required by Ordinance, the applicant is installing several areas of landscaping around the public parking lot. Arpil 4, 19'95 SUBDIVISION ITEM NO.: D (Cont.) FILE NO.: Z-594$ 5. City Engineer Comments Repair broken driveway apron. This property lies in an area of shallow flooding with the 100 year depths of less than one foot. The base flood elevation in this area is 257 NAD 1927. 6, ❑blit and Fire De artment Comments No comments 7. Sexuall-y Oriented Business Ordinance Section 4 of Little Rock Ordinance No. 15,629 which regulates the location of Sexually Oriented Businesses states: (1) A person commits an offense if he operates or causes to be operated a sexually oriented business within 750 feet of: (a) a church or other religious facility; (b) a public or private elementary, secondary or post - .secondary school; (c) a boundary of a residential zone (R-1, R-2, R-3, R-4, MF -6, MF -12, MF -18, MF -24, R-5, R-6, R-7, HR, MR, HDR or PRD) or any single family or multiple family residential use; (d) a public park; (e) a hospital or other medical facility; or (f) properties listed on the National Register of Historical Places or local Historic Districts as identified by in the Arkansas Historic Preservation Program. (2) A person commits an offense if he causes or permits the operation, establishment, or maintenance of a sexually oriented business within 750 feet of another sexually oriented business. The property in question complies with those guidelines outlined above. K •Arpil 4, 1995 SVBDIVI S ION ITEM NO.: D Cont. FILE NO.. z-5948 8. Staff Anal szs The applicant requests a conditional use permit to allow the use of this existing I-2 zoned building and property as an adult arcade and adult bookstore. Little Rock Ordinance No. 15,629 defines adult arcade and adult bookstore as the following: (1) Adult Arcade -- Any place to which the public is permitted or invited wherein coin-operated or slug - operated or electronically, electrically, or mechanically controlled image -producing devices are maintained to show images to five or fewer viewers at one time, and where the images so displayed are distinguished or characterized by the depicting or describing of "SPECIFIED SEXUAL ACTIVITIES" or "SPECIFIED ANATOMICAL AREAS". (2) Adult Bookstore or Adult Video Store -- A commercial establishment which, as one of its principal business purposes, offers for sale or rental for any form of consideration any one or more of the following: (a) books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, 'video cassettes, or video reproductions, slides or other visual representations which depict or describe "SPECIFIED SEXUAL ACTIVITIES" or "SPECIFIED ANATOMICAL AREAS"; or (b) instruments, devices, or paraphernalia which are designed for use in connection with "SPECIFIED SEXUAL ACTIVITIES." That same ordinance regulates the location of such businesses by defining a specific distance of separation which these uses must maintain from several other uses (see Section 7 above). This property is within an area identified to the federal court as being appropriate as a potential location for a sexually oriented business in compliance with Ordinance No. 15,629. Staff believes the proposed use to be appropriate for this property and supports the application. Staff would recommend that any signage be low key and of muted colors and that there not be a "mural type" sign with graphics, pictures or product advertising. In response to 3 IArpil 4, 1995 SUBDIVISION ITEM NO.: D Cont. FILE NO.: -5948 that concern, Mr. Harris has proposed a ground mounted sign 4 feet by 8 feet in area and 18 feet in height; and a wall sign, on the front wall of the building, 2 feet by 8 feet in area. 9. Staff Recommendation Staff recommends approval of the conditional use permit subject to the following conditions: 1. Compliance with the City Engineer's Comments 2. Landscaping being installed as proposed on the site plan submitted by the applicant. 3. Signage being low key and of muted colors. a. The ground mounted sign is to be 4 feet by 8 feet in area and 18 feet in height. b. The single wall sign to be 2 feet by 8 feet in area. C. There is not to be any "mural type" signage with graphics, pictures or product advertising. SUBDIVISION COMMITTEE COMMENT: (FEBRUARY 2, 1995) The applicant,'Arlan Harris, was present. Staff presented that item and outlined the City Engineer and Signage Comments noted above. Bob Brown, Plans Review Specialist, discussed the -proposed landscaping and stated that it exceeded ordinance requirements. After a brief discussion, the Committee determined that there were no other outstanding issues and forwarded the item to the full Commission. PLANNING COMMISSION ACTION: (FEBRUARY 21, 1995) The applicant was present. There were several objectors present. Staff informed the Commission that several telephone calls and letters in opposition to the proposal had been received. Staff presented the item and informed the Commission that there were no outstanding issues. Mr. Harris offered no additional comments at that point. Frank Butler, of Strauss Distributing Company which owns property in the area, spoke in opposition to the proposal. He stated that the bookstore/arcade would generate vehicular traffic which would affect truck traffic in the neighborhood. 4 Arpil 4, 1995 S BDIVISION ITEM NO.: D(Cont.)FILE NO.: Z-5948 Tom Brock, of Geyer Springs First Baptist Church, addressed the Commission in opposition to the item. Bob Hardin, representing the property at 3700 West 65th Street, spoke in opposition to the item. He stated that the proposed use was incompatible with the neighborhood and would have a negative impact on traffic coming to his business. Mr. Hardin concluded by stating that new businesses are moving into the area and this proposed use would be detrimental to the business climate of the neighborhood. Paul Majors, of J and B Supply, addressed the Commission in opposition to the item. He also stated that the proposed use would generate traffic which would impact truck traffic in the area. Mr. Majors concluded by stating that he also spoke for Gerald Johnson, owner of the property at 6320 Scott Hamilton, who is also opposed to the item. Beverly Nelson, President of the Meadowcliff/Brookwood Neighborhood Association spoke in opposition to the bookstore/arcade. Verlene Williamson presented a petition in opposition to the item signed by the members of Geyer Springs First Baptist Church. (Staff did not receive a copy of the petition and, as such, it is not in the file.) In response to a'request from Chairman Walker, Stephen Giles of the City Attorney's Office, spoke about the City's Ordinance -which regulates sexually oriented businesses. Mr. Giles stated that constitutionally this use cannot be excluded just because some persons find it offensive. The location of such uses, he continued, can be regulated via land use regulations. Mr. Giles concluded by stating that the Planning Commission must look at Ordinance guidelines to determine whether to approve or deny the conditional use permit; what goes on inside the business is a constitutionally protected First Amendment right. Mr. Harris then addressed the Commission. He presented a list of video stores which he claims are renting the same videos which will be available at this proposed business. Mr. Harris also presented a petition signed by customers of his business in favor of this proposed location. (Staff did not receive a copy of the petition and, as such, it is not in the file.) In response to a question from Chairman Walker, Mr. Harris stated that there will be no access to his site from Dividend Street. Chairman Walker asked Mr. Harris if he currently had a business that was out of compliance with the City's Sexually Oriented 5 IArpil 4, 1995 SUBDIVISION ITEM N D (Cont. 'TLE NO.: " r-rIA0 Business Ordinance. Mr. Harris responded that he did but that it would close when this one was approved. Chairman Walker asked why the location, which is out of compliance, is still open. Mr. Harris responded that no one had told him to close it. Mr. Giles stated he would review the matter with the Zoning Enforcement staff. A brief discussion then followed concerning the exact use of the property. The use is as described in Little Rock Ordinance No. 15,629 as an adult arcade and adult bookstore or adult video store. In response to a question from the Commission, Dana Carney, of the Planning Staff, described the proposed signage and landscaping improvements. Commissioner Willis asked if this site complied with all aspects of the 750 foot separation outlined in the Ordinance. Mr. Carney responded that he had prepared a map showing the 750 foot perimeter and made a site inspection to assure compliance. After further discussion, Chairman Walker asked what the hours of the business would be. Mr. Harris responded that the business would be open 24 hours a day. Commissioner Putnam asked if this site complies with Ordinance Standards and is denied, will there be a lawsuit. Mr. Giles responded that there would be a lawsuit, in his opinion. -Mr. Harris stated that the argument that this use will hurt business in the area is unfounded. He gave an example of a company which just recently made a large investment in a property located within 750 feet of the adult arcade/bookstore at 65th and Murray Streets. Mr. Giles asked the Commissioners to consider what it was about this use, other than its sexual nature, that they objected to. Chairman Walker stated if it wasn't for the Ordinance that relegates this use to this location, the application would not be at the Planning Commission. Commissioner Adcock stated that she had to consider the businesses and residents already in place before allowing a new use into an area. In response to a question from the Commission, Bob Brown, Plans Review Specialist, discussed the proposed landscaping plan for the site. 6 Arpil 4, 1995 SUBDIVISION ITEM NO.: D Cont. FILE NO.: Z-5948 After a brief discussion, the question was called and a vote taken. The vote was 2 ayes, 4 noes, 3 absent and 2 abstaining (Putnam, woods). Due to a lack of 6 votes either for or against the item, it was automatically deferred to the April 4, 1995 Commission meeting. SUBDIVISION COMMITTEE COMMENT: (MARCH 16, 1995) The applicant, Arlan Harris, was present. Staff informed the Committee that Mr. Harris had attempted to answer concerns raised at the February 21, 1995 Planning Commission meeting by eliminating access to the site from Dividend Street, adding an additional 100 square feet of interior landscaping to fully comply with the Landscape Ordinance and by limiting the hours of operation to 16 hours a day. Mr. Harris stated that the elimination of access to Dividend Street should answer concerns about his customers' automobile traffic interfering with truck traffic in the area. In response to a question from the Committee, Mr. Harris stated that the hours of operation were the same number of hours that the business on the site is currently using. He stated that his hours would be from 10:00 a.m. to 2:00 a.m. The Committee then forwarded the item to the full Commission. PLANNING COMMI.S_SI -ACTION: (APRIL 4, 1995) The applicant, Arlan Harris, was present. There were several objectors present. Staff presented the item and informed the Commission that the applicant had agreed to eliminate access to Dividend Street, add an additional 100 square feet of interior landscaping to fully comply with the Landscape Ordinance, and to limit the hours of operation to 16 hours per day (10:00 a.m. to 2:00 a.m.). At the request of Commissioner Putnam, Deputy City Attorney Steve Giles gave a brief history of the Sexually Oriented Business Ordinance. He stated that the proposed site complied with the spacing requirements outlined in that Ordinance. Mr. Giles also stated that the issue of compatibility with the neighborhood had been resolved by virtue of the Board of Directors establishing guidelines for the placement of such businesses within the Sexually Oriented Business Ordinance. Mr. Harris offered no additional comment at this point. Tom Brock, of Geyer Springs First Baptist Church, spoke in - opposition to the item. 7 Arpil 4, 1995 SUBDIVISION ITEM NO.: D (Cont.) FILE NO.: Z-5948 Frank Butler also spoke against the proposed use. Gerald Johnson addressed the Commission in opposition to the item. He asked the Commission to impose the condition that there is to be no live entertainment at this site. Mr. Johnson also stated that he was concerned about the proposed hours of operation. Carroll Strickland, representing the Upper Baseline Road Neighborhood Association, spoke in opposition to the item. Jim Lawson, Director of the Department of Neighborhoods and Planning, addressed the Commission. He recommended that the Commission add the condition that this proposed location not be allowed to open until Mr. Harris' other location, closer to the Wakefield neighborhood, is closed. Mr. Harris and his attorney, John Wesley Hall, addressed the Commission and stated that the other location will be closed as soon as this proposed site is opened. Mr. Giles recommended that the Certificate of Occupancy be withheld at this proposed location until the business at 4717 West 65th Street is brought into compliance with the Sexually Oriented Business Ordinance. Mr. Hall agreed to that condition. Commissioner Walker asked Mr. Harris if he would reconsider the proposed hours of operation. Mr. Harris responded that he did not wish to change the requested hours. Commissioner Walker asked Mr. Harris if he would agree to the condition that there not be any live entertainment at this location. Mr. Harris responded that he would agree to that condition. Commissioner Adcock stated that she did not agree with the requested hours of operation and wanted the business to reduce the number of hours it would be open. After discussion with Mr. Hall, Mr. Giles told the Commission that the hours of operation of a sexually oriented business was not presented as an issue in the federal courts. He cautioned the Commission to look at the compatibility of the proposed hours of operation with the hours of operation of the other businesses in the area. He reminded the Commission that there had already been testimony that there were 24 hour a day trucking operations in the area. After a further discussion, the question was called and a vote taken. The vote was 7 ayes, 2 noes and 2 absent approving the 8 Arpil 4, 1995 SUBDIVISIO ITEM NO.: D (Cont.) FILE NO.: Z-5948 item as recommended by staff with these additional conditions agreed to by the applicant: 1. There is to be no access to this site from Dividend Street. 2. Additional interior landscaping is to be added to the site in addition to that proposed in the applicant's site plan. 3. The hours of operation are limited to 16 hours per day (10:00 a.m. to 2:00 a.m.). 4. There is to be no live entertainment at this site. 5_ No certificate of Occupancy is to be issued for this site until Mr. Harris' existing location at 4717 West 65th Street is brought into compliance with the provisions of Little Rock Ordinance No. 15,629 (the Sexually Oriented Business Ordinance). 01