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HomeMy WebLinkAboutZ-6274-A Staff AnalysisMarch 17, 2005 ITEM NO.: D FILE NO.: Z -8274-A NAME: Jose's Nite Club Latino, Inc. — Conditional Use Permit LOCATION: 91101-30 OWNER/APPLICANT: McCoy Building, LLC/Jose Contreras PROPOSAL: A conditional use permit is requested to allow use of the existing buildings on this C-4 zoned property as a special event center/private club. SITE LOCATION: The site is located northwest of the University Avenue —1-30 interchange; between Chicot Road and Wanda Lane. 2. COMPATIBILITY WITH NEIGHBORHOO The property fronts onto the 1-30 Frontage Road and is located in an area of mixed uses and zoning. Located to the west are an undeveloped, wooded tract, a vacant commercial building, a mini -warehouse complex and an apartment development. Adjacent to the north is an apartment development. A Shriner's Temple is adjacent to the east. Beyond that are a single family neighborhood and several commercial uses. The interstate is located to the south. On the whole, staff believes the proposed use is compatible with uses and zoning in the area. The applicant has stated there will be some outdoor uses, utilizing the covered lumber storage sheds. It is this one aspect of the proposal that concerns staff, due to the proximity of adjacent apartments and nearby single family. All owners of property located within 200 feet of the site, all residents within 300 feet who could be identified and the SWLR United for Progress, Town and Country and South Brookwood Neighborhood Associations were notified. 3. ON SITE DRIVES AND PARKI The site is accessed via a single driveway off of the 1-30 Frontage Road. Parking areas are currently asphalt -paved. Utilizing the parking lot in the front of the site and striping the paved areas around the buildings will result in 211 parking spaces. Using the 18,000 square foot building for assembly functions such as those proposed by the applicant will result in March 17, 2005 ITEM NO.: D (Cont. FILE NO.: Z -6274-A the need for 180 parking spaces. The second, 9,375 square foot building is to be used only for storage. Any change in use of the second building will require Commission approval to address parking issues. 4. SCREENING AND BUFFERS: No Comments. 5. PUBLIC WORKS COMMENT No Comments. 6. UTILITY FIRE DEPT. AND CATA COMMENTS: Wastewater: Sewer available, not adversely affected. Entergy: No Comments received. CenterPoint Energy: No Comments received. Southwestern Bell: No Comments received. Water: Contact Central Arkansas Water if larger and/or additional water meter(s) are required. Fire Department: Approved as submitted. SUBDIVISION COMMITTEE COMMENT: (NOVEMBER 11, 2004) Terry Burruss, Eugenia Williams and Jose Cabrera were present representing the application. Staff presented the item and noted additional information was needed, signage and days and hours of operation. Staff asked the applicant to provide a more detailed description of the proposed use. The applicant was asked to provide a parking plan and to show the dumpster area and required screening. Staff asked the applicant to give specifics on use of the second building and of the proposed outdoor activities using the canopy structures. Staff voiced concern about having outdoor activities. The applicant responded that the use was not a night club; that it was a special event center to accommodate concerts, weddings and debutante parties. Utility Comments were noted. 2 March 17, 2005 ITEM NO.: D Cont. FILE NO.: Z -6274-A The applicant was advised to respond to staff issues by November 17, 2004, The Committee forwarded the item to the full Commission. STAFF ANALYSIS: The C-4 zoned, 3.5t acre tract located at 9110 1-30 was originally developed as the site of McCoy's Lumberyard and Home Center. Subsequently, it was occupied by Waterworld, a marine sales store. The property has been vacant for some time. The site contains two buildings, an 18,000 square foot sales building and a 9,375 square foot warehouse; and two covered, unenclosed lumber storage shed buildings. The site is paved and is enclosed on the north, east and a portion of the west perimeters by an 8 foot tall, wood privacy fence. The applicant is requesting approval of a conditional use permit to allow use of the site for a special event center with events catering primarily to the Hispanic community. Events would include concerts, debutante parties, weddings and cotillions. There will also be music by disc jockeys and games such as billiards. The applicant proposes to use the 18,000 square foot building for the above uses. The second, 9,375 square foot building is to be used for storage only at this time. The lumber storage canopies are proposed to be used for a flea market or outdoor picnics. Other than remodeling the buildings, no changes are proposed to the site. The normal operating hours will be as follows: Thursday — 5:00 P.M. — 12:00 A.M. Friday — 5:00 P.M. — 2:00 A.M. Saturday and Sunday — 11:00 A.M. — 2:00 A.M. Special Use Hours of Operation are as follows: Friday: 5 p.m. — 2 a.m. Concerts Saturday 11 a.m. — 6 p.m. Weddings, Parties, Outdoor Flea Market 7 p.m. — 2 a.m. Concerts Sunday 11 a.m. — 6 p.m. Outdoor Flea Market, Picnics 6 a.m. — 2 a.m. Concerts The outdoor flea market hours are proposed as 7:00 a.m. — 4:00 p.m. Signage consists of a single wall sign on the front fagade of the building and a single ground sign. Signage will comply with commercial district criteria. Screening between this site and the apartments adjacent to the north will be enhanced by the planting of a dense evergreen screen. There is no bill of assurance issue. 3 March 17, 2005 ITEM NO.: D (Cont.) FILE NO.: Z -6274-A In general, staff is supportive of the applicant's proposal. The proposed use seems to include aspects of a special event center and of a private club with dining or bar service. Either use appears to be appropriate for this location. The property abuts the interstate and is bounded on two sides by commercial and officelinstitutional uses. Staffs primary concern centers around any potential impact on the adjacent multifamily development from outdoor uses. The site does have a history of uses which include outdoor activities. With constraints placed on the nature of outdoor uses associated with this application, the proposed occupancy could be compatible with uses and zoning in the area. On November 17, 2004, the applicant submitted responses to issues raised at Subdivision Committee and reflected in the analysis above. STAFF RECOMMENDATION: Staff recommends approval of the conditional use permit subject to compliance with the following conditions: 1. Compliance with the comments and conditions noted in Sections 4, 5 and 6 of the staff report. 2. Use of the site for the special event center/private club is to be limited to building 1; the 18,000 square foot building. 3. Building 2; the 9,375 square foot building is to be used only for storage. 4. Outdoor activities are to be limited to the hours of 7:00 a.m. — 6:00 p.m. 5. There is to be no use of amplified music or speakers outside of the building. 6. All parking areas must be clearly striped to provide the indicated 211 parking spaces. 7. Additional screening in the form of dense evergreen planting must be installed along the north perimeter of the site. Plant materials must comply with those designated by the Code for screening. 8. All required building permits must be obtained for conversion of the building to accommodate the proposed use. PLANNING COMMISSION ACTION: (DECEMBER 16, 2004) The applicant was present. There were registered objectors present. Staff had received and forwarded to the Commission a letter of opposition from the South Brookwood Neighborhood Association. Staff requested that the item be deferred to allow staff time for further review based on issues raised by the neighbors and to allow the applicant an opportunity to visit with the neighborhood association_ M March 17, 2005 ITEM NO.: D Cont. FILE NO.: 2-6274-A Terry Burruss, representing the applicant, stated the applicant was already making payments on the building and a deferral would create a financial hardship. Mr. Burruss stated the applicant would listen to the issues and concerns raised by the neighbors and would try to address them. He stated the applicant did not want a deferral. A motion was made to defer the item to the February 3, 2005 meeting. The motion .failed by a vote of 4 ayes, 4 noes and 3 absent. Later in the meeting, the Commission got down to having only 7 members present. In line with the Commission's practice, all remaining applicants were offered an opportunity to defer. The applicant then requested a deferral. A motion was made to defer the item to the February 3, 2005 meeting. The motion was approved by a vote of 7 ayes, 0 noes and 4 absent. PLANNING COMMISSION ACTION: (FEBRUARY 3, 2005) The applicant was present. There were several persons present; both in support and in opposition. Staff requested that the item be deferred to allow for further review. The applicant agreed to the deferral. There was no further discussion. The item was placed on the Consent Agenda and deferred to the March 17, 2005 meeting by a vote of 9 ayes, 0 noes and 2 absent. STAFF UPDATE: In response to concerns raised by neighbors, the applicant has submitted the following conditions as amendments to the conditional use permit application: (a) Regular hours of operation shall be 7:00 p.m. — 2:00 a.m., three days per week, Friday, Saturday and Sunday. Special event hours shall be limited to Fridays, Saturdays and Sundays. (Staff assumes the outdoor flea market is still proposed as 7:00 a.m. — 4:00 p.m., Saturday and Sunday.) (b) In order to ensure proper security, Applicant shall: (1) Employ a minimum of two (2) off-duty police officers on patrol in the parking lot Premises after 6:00 p.m. during special events and regular operations. If there are fewer than two (2) off-duty police officers on duty in the parking lot during operating hours after 6:00 p.m., applicant shall cease operation and close, vacating the Premises of all customers, club members and guests until the minimum required officers are on duty. 5 March 17, 2005 ITEM NO.: D Cont. FILE NO.: Z -6274-A (2) Employ adequate private security inside the facility at all times during regular operation to ensure a peaceful and safe environment. Interior security shall monitor all admissions, electronically screening every person entering to check for weapons. Any person attempting to enter with a knife or other weapon shall be escorted from the Premises and not allowed admission during the remaining hours of operation. (3) Require all guest vehicles to be removed from the parking lot upon the close of business before outside security officers leave the Premises. (4) Secure the parking lot with gates at each drive entrance and lock the gates as soon as security officers have removed guest vehicles. (5) Install security cameras to monitor and record activity on the parking lot. (c) To reduce litter which might be attributable to applicant's use of the Premises, Applicant shall: (1) Clean and remove all litter in the parking lot after each special event or regular hours of operation. (2) Clean and remove litter on the neighboring property (subject to neighbor approval) and rights-of-way abutting Premises for at least sixty feet (60') around the perimeter of Premises. (d) To minimize the potential for any annoyance due to noise from applicant's use of the Premises, Applicant shall: (1) Remove the louvered fans on the east side of the main building and seal openings with exterior siding, insulation and interior gypsum board. (2) Replace the rear overhead door in the main building with well - sealed, weather-stripped double doors. (3) Monitor the sound amplifier and control all music sound levels such that the interior sound is not audible beyond the Premises. (4) Allow no exterior music after 6:30 p.m. (5) Limit exterior music on Sundays to a maximum of three occasions in any one calendar year. 59 March 17, 2005 ITEM NO.: D Cont.) FILE NO.: Z -6274-A STAFF RECOMMENDATION: Staff's recommendation on this amended application is forthcoming. PLANNING COMMISSION ACTION: (MARCH 17, 2005) The applicant was present. There were numerous persons present, both in support and in opposition. Several letters of opposition and support had been received by staff and forwarded to the Commission. Staff presented the item and noted the additional conditions, which had been added to address concerns raised by the neighbors. Staff recommended denial of the application. Dana Camey, of the Planning Staff, explained that staff had spent the past three months studying the issue; working with the applicant and listening to concerns raised by neighbors. Mr. Carney stated staff had come to the conclusion that the proposed use was not compatible with the area. He questioned whether it was appropriate to permit a use that required so many conditions. Mr. Carney noted that many of the conditions were related to the operation of the business and would be very difficult for staff to monitor and enforce. Dickson Flake spoke in support of the application. He stated he had a fractional ownership in the property and would be leasing it to Jose Contreras. Mr. Flake stated the business would only be in operation three days a week. He stated the property could have been rezoned to C-3, where the use is permitted by -right. Mr. Flake presented a summary of various crime statistics and surmised that Mr. Contreras' business was not a problem at its previous Geyer Springs location. He explained the proposed security procedures to control the parking lot. Mr. Flake stated Mr. Contreras had volunteered all of the additional conditions and had agreed to make them part of the lease contract. Mr. Flake stated if Mr. Contreras failed to adhere to the conditions, the lease could be terminated. Mr. Flake stated the applicant will keep his site and neighboring properties clean of littler. He stated a study had been conducted by an acoustic consultant and all recommendations would be followed. Mr. Flake stated traffic should not be an issue due to the number of collector streets in the area. Jay Freeman spoke in support of the application. He stated he was Director of LaCasa, a Latino support organization, and he knew Mr. Contreras to be a good and honorable man. He stated the proposed special event center would be a benefit to the community and would provide a place for persons who share common interests to come together. Donna Taylor, manager of the Oaks Apartments located at 7700 Chicot Road, spoke in opposition to the item. She stated many of her tenants were low to moderate income, single parents with children. She stated the tenants were opposed to the use and many were afraid. Troy Laha, vice-president of the Cloverdale Neighborhood Association, spoke in opposition. He voiced concern about people driving through the neighborhood after leaving the center. F March 17, 2005 ITEM NO.: D Cont. FILE NO.: Z -6274-A Herb Dicker, president of the Meadowcliff Neighborhood Association, spoke in opposition. He voiced concerns about noise and traffic. Janet Berry, president of SWLR United for Progress, stated her organization had voted to oppose the application. Don Wallace, representing the Scimitar Shrine, spoke in opposition. He voiced concerns about vandalism and security of the Shriners' property. He stated many of the organization's members were older and were concerned about their personal safety if the special even center were allowed to locate adjacent to the Shrine. Mr. Wallace voiced concern that overflow parking from the special event center would end up on the Shriners' property. John Honea, president of the South Brookwood -Ponderosa Neighborhood Association, spoke in opposition. He voiced concerns about traffic, noise and crime. He asked those present in opposition to stand. Approximately 15 persons stood. Michael Rushin, a real estate broker, spoke in opposition. He voiced concern about the effect of the special event center on area property values. Mr. Flake then asked those present in support to stand. Approximately 20 persons stood. He stated he had a petition with the signatures of 200 persons in support of the proposal. (Staff did not receive a copy of that petition.) Mr. Flake stated noise concerns will be addressed, hours of operation are limited, there were not a lot of criminal incidents at the previous location and he sensed a hint of stereotyping of this applicant. Mr. Flake stated Mr. Contreras was an excellent operator with a good history. There was then a discussion of the nature of complaints at the previous location and the City's ability to enforce its nuisance laws. Commissioner Meyer commented that this use could be huge; "either good or as a huge mess". In response to a question from Commissioner Williams, Mr. Flake confirmed that all of the conditions and lease covenants were to be part of the C.U.P. Mr. Flake stated it was a cumbersome process to prove a nuisance. He stated: "If I have any credibility, I do not want to lose it over this lease. have sole discretion as landlord with unilateral right to terminate the lease." Commissioner Yates asked if the C.U.P. could be tied to a specific property owner. Dana Carney responded that it could , if the Commission made such a condition. Chairman Rahman asked Mr. Flake how he would know if the conditions were being adhered to. Mr. Flake responded that he would depend on the word of enforcement officers and security officers. He stated he would manage the lease. Mr. Flake stated the additional conditions came in response to concerns that had been voiced by the neighbors. 0 March 17, 2005 ITEM NO.: D(Cont.)FILE NO.: Z -6274-A Commissioner Meyer asked if the hours could be limited on Sunday nights, rather than the proposed 2:00 a.m. (Monday morning). Jose Contreras agreed to limit the hours on Sunday nights to 10:00 p.m. There was then a brief discussion of the acoustic consultant's report. Commissioner Williams noted what other uses could go on this C-4 site. He asked what other site would be more appropriate than this site. John Honea again voiced concern about traffic going through the neighborhood after leaving the site. There was then a discussion of the differences between this site and the location of an existing large night club on the south side of 1-30. Staff noted that there was no residential property in the vicinity of that night club; that it was in a predominately industrial area. A motion was made to approve the application, as amended to close at 10:00 p.m. on Sundays, including all conditions proposed by staff and the applicant. The motion was approved by a vote of 7 ayes, 2 noes and 2 absent. FILE NO.: Z -6274-A NAME: Jose's Nite Club Latino, Inc. — Conditional Use Permit LOCATION: 91101-30 OWNER/APPLICANT McCoy Building, LLC/Jose Contreras PROPOSAL: A conditional use permit is requested to allow use of the existing buildings on this C-4 zoned property as a special event center/private club. SITE LOCATION: The site is located northwest of the University Avenue — 1-30 interchange; between Chicot Road and Wanda Lane. 2. COMPATIBILITY WITH NEIGHBORHOOD: The property fronts onto the 1-30 Frontage Road and is located in an area of mixed uses and zoning. Located to the west are an undeveloped, wooded tract, a vacant commercial building, a mini -warehouse complex and an apartment development. Adjacent to the north is an apartment development. A Shriner's Temple is adjacent to the east. Beyond that are a single family neighborhood and several commercial uses. The interstate is located to the south. On the whole, staff believes the proposed use is compatible with uses and zoning in the area. The applicant has stated there will be some outdoor uses, utilizing the covered lumber storage sheds. It is this one aspect of the proposal that concerns staff, due to the proximity of adjacent apartments and nearby single family. All owners of property located within 200 feet of the site, all residents within 300 feet who could be identified and the SWLR United for Progress, Town and Country and South Brookwood Neighborhood Associations were notified. 3. ON SITE DRIVES AND PARKING: The site is accessed via a single driveway off of the 1-30 Frontage Road. Parking areas are currently asphalt -paved. Utilizing the parking lot in the front of the site and striping the paved areas around the buildings will result in 211 parking spaces. Using the 18,000 square foot building for assembly functions such as those proposed by the applicant will result in the need for 180 parking spaces. The second, 9,375 square foot building is to be used only for storage. Any change in use of the second building will require Commission approval to address parking issues. FILE NO.: Z -6274-A Cont. 4. SCREENING AND BUFFERS: No Comments. 5. PUBLIC WORKS COMMENTS: No Comments. 6. UTILITY( FIRE DEPT. AND CATA COMMENTS: Wastewater: Sewer available, not adversely affected. Entergy: No Comments received. CenterPoint Energy: No Comments received. Southwestern Bell: No Comments received. Water: Contact Central Arkansas Water if larger and/or additional water meter(s) are required. Fire Department: Approved as submitted. SUBDIVISION COMMITTEE COMMENT: (NOVEMBER 11, 2004) Terry Burruss, Eugenia Williams and Jose Cabrera were present representing the application. Staff presented the item and noted additional information was needed, signage and days and hours of operation. Staff asked the applicant to provide a more detailed description of the proposed use. The applicant was asked to provide a parking plan and to show the dumpster area and required screening. Staff asked the applicant to give specifics on use of the second building and of the proposed outdoor activities using the canopy structures. Staff voiced concern about having outdoor activities. The applicant responded that the use was not a night club; that it was a special event center to accommodate concerts, weddings and debutante parties. Utility Comments were noted. The applicant was advised to respond to staff issues by November 17, 2004. The Committee forwarded the item to the full Commission. 4 FILE NO.: Z -6274-A (Cont. STAFF ANALYSIS: The C-4 zoned, 3.5t acre tract located at 9110 1-30 was originally developed as the site of McCoy's Lumberyard and Home Center. Subsequently, it was occupied by Waterworld, a marine sales store. The property has been vacant for some time. The site contains two buildings, an 18,000 square foot sales building and a 9,375 square foot warehouse; and two covered, unenclosed lumber storage shed buildings. The site is paved and is enclosed on the north, east and a portion of the west perimeters by an 8 foot tall, wood privacy fence. The applicant is requesting approval of a conditional use permit to allow use of the site for a special event center with events catering primarily to the Hispanic community. Events would include concerts, debutante parties, weddings and cotillions. There will also be music by disc jockeys and games such as billiards. The applicant proposes to use the 18,000 square foot building for the above uses. The second, 9,375 square foot building is to be used for storage only at this time. The lumber storage canopies are proposed to be used for a flea market or outdoor picnics. Other than remodeling the buildings, no changes are proposed to the site. The normal operating hours will be as follows: Thursday — 5:00 P.M. — 12:00 A.M. Friday — 5:00 P.M. — 2:00 A.M. Saturday and Sunday — 11:00 A.M. — 2:00 A.M. Special Use Hours of Operation are as follows: Friday: 5 p.m. — 2 a.m. Concerts Saturday 11 a.m. — 6 p.m. Weddings, Parties, Outdoor Flea Market 7 p.m. — 2 a.m. Concerts Sunday 11 a.m. — 6 p.m. Outdoor Flea Market, Picnics 6 a.m. — 2 a.m. Concerts The outdoor flea market hours are proposed as 7:00 a.m. — 4:00 p.m. Signage consists of a single wall sign on the front fagade of the building and a single ground sign. Signage will comply with commercial district criteria. Screening between this site and the apartments adjacent to the north will be enhanced by the planting of a dense evergreen screen. There is no bill of assurance issue. In general, staff is supportive of the applicant's proposal. The proposed use seems to include aspects of a special event center and of a private club with dining or bar service. Either use appears to be appropriate for this location. The property abuts the interstate and is bounded on two sides by commercial and off icelinstitutional uses. Staff's primary concern centers around any potential impact on the adjacent multifamily development from outdoor uses. The site does have a history of uses which include outdoor activities. With constraints placed on the nature of outdoor uses associated with this application, the proposed occupancy could be compatible with uses and zoning in the area. 3 FILE NO.: Z -6274-A (Cont. On November 17, 2004, the applicant submitted responses to issues raised at Subdivision Committee and reflected in the analysis above. STAFF RECOMMENDATION: Staff recommends approval of the conditional use permit subject to compliance with the following conditions: 1. Compliance with the comments and conditions noted in Sections 4, 5 and 6 of the staff report. 2. Use of the site for the special event center/private club is to be limited to building 1; the 18,000 square foot building. 3. Building 2; the 9,375 square foot building is to be used only for storage. 4. Outdoor activities are to be limited to the hours of 7:00 a.m. — 6:00 p.m. 5. There is to be no use of amplified music or speakers outside of the building. 6. All parking areas must be clearly striped to provide the indicated 211 parking spaces. 7. Additional screening in the form of dense evergreen planting must be installed along the north perimeter of the site. Plant materials must comply with those designated by the Code for screening. 8. All required building permits must be obtained for conversion of the building to accommodate the proposed use. PLANNING COMMISSION ACTION: (DECEMBER 16, 2004) The applicant was present. There were registered objectors present. Staff had received and forwarded to the Commission a letter of opposition from the South Brookwood Neighborhood Association. Staff requested that the item be deferred to allow staff time for further review based on issues raised by the neighbors and to allow the applicant an opportunity to visit with the neighborhood association_ Terry Burruss, representing the applicant, stated the applicant was already making payments on the building and a deferral would create a financial hardship. Mr. Burruss stated the applicant would listen to the issues and concerns raised by the neighbors and would try to address them. He stated the applicant did not want a deferral. A motion was made to defer the item to the February 3, 2005 meeting. The motion failed by a vote of 4 ayes, 4 noes and 3 absent. Later in the meeting, the Commission got down to having only 7 members present. In line with the Commission's practice, all remaining applicants were offered an opportunity to defer. The applicant then requested a deferral. 4 FILE NO.: Z -6274-A A motion was made to defer the item to the February 3, 2005 meeting. The motion was approved by a vote of 7 ayes, 0 noes and 4 absent. PLANNING COMMISSION ACTION: (FEBRUARY 3, 2005) The applicant was present. There were several persons present; both in support and in opposition. Staff requested that the item be deferred to allow for further review. The applicant agreed to the deferral. There was no further discussion. The item was placed on the Consent Agenda and deferred to the March 17, 2005 meeting by a vote of 9 ayes, 0 noes and 2 absent. STAFF UPDATE: In response to concerns raised by neighbors, the applicant has submitted the following conditions as amendments to the conditional use permit application: (a) Regular hours of operation shall be 7:00 p.m. — 2:00 a.m., three days per week, Friday, Saturday and Sunday. Special event hours shall be limited to Fridays, Saturdays and Sundays. (Staff assumes the outdoor flea market is still proposed as 7:00 a.m. — 4:00 p.m., Saturday and Sunday.) (b) In order to ensure proper security, Applicant shall: (1) Employ a minimum of two (2) off-duty police officers on patrol in the parking lot Premises after 6:00 p.m. during special events and regular operations. If there are fewer than two (2) off-duty police officers on duty in the parking lot during operating hours after 6:00 p.m., applicant shall cease operation and close, vacating the Premises of all customers, club members and guests until the minimum required officers are on duty. (2) Employ adequate private security inside the facility at all times during regular operation to ensure a peaceful and safe environment. Interior security shall monitor all admissions, electronically screening every person entering to check for weapons. Any person attempting to enter with a knife or other weapon shall be escorted from the Premises and not allowed admission during the remaining hours of operation. (3) Require all guest vehicles to be removed from the parking lot upon the close of business before outside security officers leave the Premises. (4) Secure the parking lot with gates at each drive entrance and lock the gates as soon as security officers have removed 5 FILE NO., Z-6274-A(Cont. guest vehicles. (5) Install security cameras to monitor and record activity on the parking lot. (c) To reduce litter which might be attributable to applicant's use of the Premises, Applicant shall: (1) Clean and remove all litter in the parking lot after each special event or regular hours of operation. (2) Clean and remove litter on the neighboring property (subject to neighbor approval) and rights-of-way abutting Premises for at least sixty feet (60') around the perimeter of Premises. (d) To minimize the potential for any annoyance due to noise from applicant's use of the Premises, Applicant shall: (1) Remove the louvered fans on the east side of the main building and seal openings with exterior siding, insulation and interior gypsum board. (2) Replace the rear overhead door in the main building with well - sealed, weather-stripped double doors. (3) Monitor the sound amplifier and control all music sound levels such that the interior sound is not audible beyond the Premises. (4) Allow no exterior music after 6:30 p.m. (5) Limit exterior music on Sundays to a maximum of three occasions in any one calendar year. STAFF RECOMMENDATION: Staffs recommendation on this amended application is forthcoming. PLANNING COMMISSION ACTION: (MARCH 17, 2005) The applicant was present. There were numerous persons present, both in support and in opposition. Several letters of opposition and support had been received by staff and forwarded to the Commission. Staff presented the item and noted the additional conditions, which had been added to address concerns raised by the neighbors. Staff recommended denial of the application. Dana Carney, of the Planning Staff, explained that staff had spent the past three months studying the issue; working with the applicant and listening to concerns raised by neighbors. Mr. Carney stated staff had come to the conclusion that the proposed use was not compatible with the area. He questioned whether it was 9 FILE NO.: Z-6274-A(Cont.) appropriate to permit a use that required so many conditions. Mr. Carney noted that many of the conditions were related to the operation of the business and would be very difficult for staff to monitor and enforce. Dickson Flake spoke in support of the application. He stated he had a fractional ownership in the property and would be leasing it to Jose Contreras. Mr. Flake stated the business would only be in operation three days a week. He stated the property could have been rezoned to C-3, where the use is permitted by -right. Mr. Flake presented a summary of various crime statistics and surmised that Mr. Contreras' business was not a problem at its previous Geyer Springs location. He explained the proposed security procedures to control the parking lot. Mr. Flake stated Mr. Contreras had volunteered all of the additional conditions and had agreed to make them part of the lease contract. Mr. Flake stated if Mr. Contreras failed to adhere to the conditions, the lease could be terminated. Mr. Flake stated the applicant will keep his site and neighboring properties clean of littler. He stated a study had been conducted by an acoustic consultant and all recommendations would be followed. Mr. Flake stated traffic should not be an issue due to the number of collector streets in the area. Jay Freeman spoke in support of the application. He stated he was Director of LaCasa, a Latino support organization, and he knew Mr. Contreras to be a good and honorable man. He stated the proposed special event center would be a benefit to the community and would provide a place for persons who share common interests to come together. Donna Taylor, manager of the Oaks Apartments located at 7700 Chicot Road, spoke in opposition to the item. She stated many of her tenants were low to moderate income, single parents with children. She stated the tenants were opposed to the use and many were afraid. Troy Laha, vice-president of the Cloverdale Neighborhood Association, spoke in opposition. He voiced concern about people driving through the neighborhood after leaving the center. Herb Dicker, president of the Meadowcliff Neighborhood Association, spoke in opposition. He voiced concerns about noise and traffic. Janet Berry, president of SWLR United for Progress, stated her organization had voted to oppose the application. Don Wallace, representing the Scimitar Shrine, spoke in opposition. He voiced concerns about vandalism and security of the Shriners' property. He stated many of the organization's members were older and were concerned about their personal safety if the special even center were allowed to locate adjacent to the Shrine. Mr. Wallace voiced concern that overflow parking from the special event center would end up on the Shriners' property. John Honea, president of the South Brookwood -Ponderosa Neighborhood Association, spoke in opposition. He voiced concerns about traffic, noise and crime. He asked those present in opposition to stand. Approximately 15 persons stood. Michael Rushin, a real estate broker, spoke in opposition. He voiced concern about the effect of the special event center on area property values. 7 FILE NO.: Z -6274-A (Cont. Mr. Flake then asked those present in support to stand. Approximately 20 persons stood. He stated he had a petition with the signatures of 200 persons in support of the proposal. (Staff did not receive a copy of that petition.) Mr. Flake stated noise concerns will be addressed, hours of operation are limited, there were not a lot of criminal incidents at the previous location and he sensed a hint of stereotyping of this applicant. Mr. Flake stated Mr. Contreras was an excellent operator with a good history. There was then a discussion of the nature of complaints at the previous location and the City's ability to enforce its nuisance laws. Commissioner Meyer commented that this use could be huge; "either good or as a huge mess". In response to a question from Commissioner Williams, Mr. Flake confirmed that all of the conditions and lease covenants were to be part of the C.U.P. Mr. Flake stated it was a cumbersome process to prove a nuisance. He stated: "If I have any credibility, I do not want to lose it over this lease. have sole discretion as landlord with unilateral right to terminate the lease." Commissioner Yates asked if the C.U.P. could be tied to a specific property owner. Dana Carney responded that it could , if the Commission made such a condition. Chairman Rahman asked Mr. Flake how he would know if the conditions were being adhered to. Mr. Flake responded that he would depend on the word of enforcement officers and security officers. He stated he would manage the lease. Mr. Flake stated the additional conditions came in response to concerns that had been voiced by the neighbors. Commissioner Meyer asked if the hours could be limited on Sunday nights, rather than the proposed 2:00 a.m. (Monday morning). Jose Contreras agreed to limit the hours on Sunday nights to 10:00 p.m. There was then a brief discussion of the acoustic consultant's report. Commissioner Williams noted what other uses could go on this C-4 site. He asked what other site would be more appropriate than this site. John Honea again voiced concern about traffic going through the neighborhood after leaving the site. There was then a discussion of the differences between this site and the location of an existing large night club on the south side of 1-30. Staff noted that there was no residential property in the vicinity of that night club; that it was in a predominately industrial area. A motion was made to approve the application, as amended to close at 10:00 p.m. on Sundays, including all conditions proposed by staff and the applicant. The motion was approved by a vote of 7 ayes, 2 noes and 2 absent.