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HomeMy WebLinkAboutZ-6805 Staff AnalysisJune 22, 2000 ITEM NO.: L NAME: LC)CATION: FILE NO.: Z-6805 Dewey Towing Service - Conditional Use Permit 3420/3424 John Barrow Road OWNER/APPLICANT: Duane R. Dewey PROPOSAL: To obtain a conditional use permit for a towing service on property zoned C-3, General Commercial, located at 3420/3424 John Barrow Road. ORDINANCE DESIGN STANDARDS: 1. SITE LOCATION: 0 This site is located on the west side of John Barrow Road at the intersection with 35th Street. COMPATIBILITY WITH NEIGHBORHOOD: The proposed site is zoned C-3, General Commercial, and it is surrounded on three sides, north, east and south, by C-3 zoning. The property to the west is zoned R-3, Single Family Residential and contains a single family house. Another single family house exists to the south across the 35th Street right of way. The adjacent property to the north and the property across Barrow Road is vacant. The Mount Sinai Baptist church is on the property to the northwest. Staff believes the use is compatible with the area, but the proposed building is too large for the property. It does not allow for outside parking, and therefore, its use would be limited to the use intended by this applicant and almost no other use allowed in C-3 zoning. ON SITE DRIVES AND PARKING: The proposal includes one access driveway from Barrow Road. There is room for only one parking space in front of the building as it is currently laid out. The applicant planned for all the rest of the required 16 parking spaces to be June 22, 2000 SUBDIVISION ITEM NO.: L (Cont.) FILE NO.: Z-6863 inside the building. That can work for his intended use, but it would be extremely limiting to the property for any different future use. 4. SCREENING AND BUFFERS: Areas for buffers and landscaping shown in the revised site plan do comply with minimum requirements. Maintain a 6 foot landscape buffer on the street frontage, a 4 foot buffer along both sides of the paved area in front of the building, and a 3 foot buffer along the remainder of the north and south property lines. A 6 foot privacy fence is required along the west property line. 5. PUBLIC WORKS COMMENTS: a. John Barrow Road is listed on the Master Street Plan as minor arterial. A dedication of right-of-way to 45 feet from centerline is required. b. Repair or replace any curb and gutter or sidewalk that is damaged in the public right-of-way prior to occupancy. c. Driveways shall conform to Sec. 31-210 or Ordinance 18,031. One driveway will be allowed. d. Close West 35th Street right-of-way or pave it according to normal street standards. 6. UTILITY AND FIRE DEPT. COMMENTS: Water: No objection. Contact the Water Works regarding meter size and location. Wastewater: Sewer available, not adversely affected. Southwestern Bell: No comments received. ARKLA: Approved as submitted. Entergy: No comments received. Fire Department: Approved as submitted. CATA: No comments received. FJ June 22, 2000 SUBDIVISION ITEM NO.: L (Cont.) FILE NO.: Z-6863 7. STAFF ANALYSIS: The applicant is requesting a conditional use permit for a new towing service on two lots zoned C-3, General Commercial. All the towing vehicles would be kept inside the building. Vehicles could not be brought to this location for repairs. Towed vehicles would not be brought to this site either. This location would be used only to park the tow trucks inside while waiting for a call, and for dispatching when called. Most of the building would be open bay on the first level, with a small office in the middle. The applicant proposes to live in the second story. The applicant intends the business to normally operate 24 hours a day, 7 days a week. The location of the building does meet setback requirements, but because of the overhead doors in the front of the proposed building, and the space needed to maneuver the tow trucks, there is no room for parking around the building. The tight fit of the building, combined with the lack of outside parking, results in the site being overbuilt and very limited in changing to other uses. Staff does not support the proposed site plan for the reasons above. Staff suggests the facility be reduced to half the proposed size and provide a dedicated parking area in the area left open by reducing the building size. The only way Staff could support the proposed plan would be if additional land was added to the site and used as a parking area. At least one additional lot would be needed. 8_ STAFF RECOMMENDATION: Staff recommends denial of the conditional use permit as submitted. Staff recommends that either additional land be added to the site plan or reduce the building by half, and show a dedicated outside parking area in either case. Then resubmit the revised plan for reconsideration. 3 June 22, 2000 SUBDIVISION ITEM NO.: L (Cont.) FILE NO.: Z-6863 SUBDIVISION COMMITTEE COMMENTS: (JANUARY 27, 2000) Duane Dewey was present representing the application. Staff gave a brief description of the proposal. Public Works briefly reviewed their comments with the applicant. The applicant mentioned he wanted to gate the entrance. The Committee suggested he get with Public Works to see if that was feasible. The issue of closing 35th Street between Barrow and Ludwig was discussed and left to the applicant to decide if he would pursue that. Staff also described the additional details needed to better explain what the building would look like and how it would fit in the neighborhood. There being no further issues, the Committee accepted the proposal and forwarded the item to the full Commission for final action. PLANNING COMMISSION ACTION: (FEBRUARY 17, 2000) Duane Dewey was present representing his application. There were two registered objectors present. Staff presented the item with a recommendation for denial of the proposal as presented, and recommended that either additional land be added to the site plan or reduce the building by half, in order to be able to provide dedicated outside parking. Then resubmit the revised plan for consideration. Mr. Dewey stated that he expected the site to always be a towing service once he built it, and there would be no real need for exterior parking since he would always do 99% of his business over the phone. He continued that he had investigated other avenues for additional parking and, even though he saw no point for it, he would be willing to do what was necessary to add more parking. Michael Peterson, a member of Mount Sinai Baptist Church, spoke in opposition. His main concerns were that the proposed building would take away from their church and their efforts to give neighbors an opportunity to serve God and come to their church. !7 June 22, 2000 SUBDIVISION ITEM NO.: L (Cont.) FILE NO.: Z-6863 Commissioner Rector reminded Mr. Peterson that the property was zoned commercial, and asked if he was opposed to any building or this particular building. Mr. Peterson responded that he was opposed to this particular building and that there were no other businesses in the immediate area between 34th and 36th streets. After further questioning he agreed that it was this particular use that he was opposed to and that other uses might be acceptable. Commissioner Earnest asked Staff whether the lack of outside parking would actually be self limiting for this site and make it more acceptable. Mr. Lawson agreed with that point, but added that another concern he had was that the proposed plan overbuilt the site. If the applicant would reduce the building size to allow for additional landscaping and other features that were needed, it would be more acceptable. Commissioner Hawn asked about the possibility of turning the building 90 degrees, and if that would moderate any of Staff's concerns. Staff responded that the proposed building size would still not fit, and that idea had been looked at. The applicant agreed the current size might not fit, but he was willing to reduce the building to 45 by 90 feet and all landscaping requirements could then be met. He stated he was willing to move things around to make it acceptable. Commissioner Hawn also stated that this is a C-3 zoned area that the owner was trying to develop. He didn't feel the code provided any site distance guarantees to surrounding property, and he hadn't heard a valid argument against the proposal. Commissioner Muse stated he preferred having all the towing equipment on the inside of the building as proposed, and didn't feel there was much negative risk for future use changes. There was further discussion suggesting additional screening on the west side of the site, abandoning the 35th Street right-of-way to provide more land to the site, and other conditions and comments that could be made part of the C.U.P. Commissioner Muse asked Mr. Peterson if additional screening to the west between the proposed site and their parsonage would help their position. He responded that wouldn't change the fact that the new building would block the view of their church, and that this use in his opinion was not compatible with this area. Commissioner Nunnley stated he didn't feel this use was consistent with what the neighborhood association was trying to do in this area. He then asked why if the site is zoned 5 June 22, 2000 SUBDIVISION ITEM NO.: L (Cont.) FILE NO.: Z-6863 commercial, is the C.U.P. even needed. Mr. Lawson responded that the site is zoned C-3, which does not permit by -right a towing service primarily because of the outside activity and outside parking that normally accompanies a towing service. Ron Woods, a resident in the neighborhood, spoke in opposition. He stated that he also felt that this use was not the type of business that the neighborhood association was trying to develop in this area. He also asked how it would be realistically enforced to ensure that all vehicles would always be kept inside the building. Mr. Lawson responded that the enforcement would be handled like any other enforcement situation. A motion was made to approve the application as submitted to include staff conditions and recommendations and applicant agreements. The motion failed by a vote of 5 ayes, 3 nays and 3 absent. STAFF UPDATE: (JUNE 22, 2000) This item was originally disapproved by the Commission on February 17, 2000, by a vote of 5 ayes, 3 nays, and 3 absent. It went to the Board of Directors on May 16, 2000, under appeal by the applicant. The Board decided to send the item back to the Commission since there had been additional meetings with the neighborhood association who asked that a decision be delayed, and the site plan had been revised. The neighborhood association has provided Staff with a letter stating their support of the proposal. There are also two letters attached from nearby neighbors supporting the proposal. Mt. Sinai Church had not at the time of this writing responded to,.Staff's inquiries regarding their current position on this item. Staff now recommends approval of the proposed revised site plan for this conditional use permit subject to the following conditions: a. Comply with the City's Landscape and Buffer Ordinances. b. Comply with Public Works Comments. c. All exterior lighting must be low intensity and directed downward and inward to the property and not towards any residential zoned area. d. No storage of any vehicles is allowed on-site outside of the building. 6 June 22, 2000 SUBDIVISION ITEM NO.: L (Cont.) FILE NO.: Z-6805 PLANNING COMMISSION ACTION: (JUNE 22, 2000) Duane Dewey was present representing his application. There were no registered objectors present. Norma Walker, President of the John Barrow Neighborhood Association, was present in favor of the item. Staff presented the item with a recommendation for approval subject to compliance with the conditions listed in the "Staff Recommendation," described in the "Staff Update" above. It was mentioned that the applicant had worked with Staff and the neighborhood association in coming to an agreement with the revised site plan. None of the Commissioners had any questions or comments, and no discussion occurred. A motion was made to approve the application as revised to include staff comments and recommendations. The motion passed by a vote of 9 ayes, 0 nays and 2 absent. 7