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HomeMy WebLinkAboutZ-7145 Staff AnalysisApril 11, 2002 ITEM NO.: B FILE NO.: Z-7145 NAME: Sobba Bookstore Conditional Use Permit LOCATION: 6320 Scott Hamilton Drive OWNER/APPLICANT: GKJ Family Ltd. Partnership/ Dennis Lee Sobba PROPOSAL: A conditional use permit is requested to allow use of this I-2 Light Industrial zoned building and property as a retail bookstore, video store and arcade (sexually -oriented business). ORDINANCE DESIGN STANDARDS: 1. SITE LOCATION: The property is located at the northwest corner of Scott Hamilton Drive and Wall Street, one block north of West 65th Street. 2. COMPATIBILITY WITH NEIGHBORHOOD: All owners of property located within 200 feet of the site, all residents within 300 feet who could be identified and the Upper Baseline, Wakefield and SWLRUP Neighborhood Associations were notified of this application. The property is located within the 65th Street Industrial Park. With one exception, all surrounding properties are zoned I-2. Those I-2 zoned properties contain a wide range of uses including a Union Hall, warehouses, wholesale distributors, two vacant bank buildings and a fueling station. One of the vacant banks is located on a C-3 zoned tract to the southwest. Allowing this enclosed retail type use is compatible with uses and zoning in the immediate vicinity. 3. ON SITE DRIVES AND PARKING: This 5,840 square foot retail use requires 19 on-site parking spaces based on one space per 300 square feet. The applicant's plan shows 22 on-site parking spaces. The parking lot to the west of the building is actually April 11, 2002 ITEM NO.: B (Cont.) FILE NO.: Z-7145 large enough to accommodate another 15± parking spaces for a total of 37±. The site is currently accessed by driveways off of Wall Street and Scott Hamilton. The driveway onto Wall Street will be removed and the curb reinstalled. The former area of the driveway will be landscaped. The rear (west) parking lot will be accessed by a driveway that circles around the north end of the building. 4. SCREENING AND BUFFERS: Whether a landscaping upgrade will be required will depend upon the amount of rehabilitation that will occur. If the cost of the rehabilitation will exceed fifty (50) percent of what it would cost to rebuild the existing structure at today's cost, then a corresponding amount of landscaping upgrade toward compliance with the Landscape Ordinance will be required. 5. PUBLIC WORKS COMMENTS: 1. Show parking for customers and employees. 2. Eliminate driveway on Wall Street, in order to comply with spacing ordinance. 3. Wall Street is classified on the Master Street Plan as a commercial street. Dedicate right-of-way to 30 feet from centerline. 4. A 20 feet radial dedication of right-of-way is required at the corner of Wall Street and Scott Hamilton. 5. Repair or replace any curb and gutter or sidewalk that is damaged in the public right-of-way prior to occupancy. 6. Plans of all work in right-of-way shall be submitted for approval prior to start of work. 6. UTILITY, FIRE DEPT. AND CATA COMMENTS: Wastewater: Sewer available, not adversely affected. Entergy: No Comments received. Reliant: No Comments received. Southwestern Bell: No Comments received. `a April 11, 2002 ITEM NO.: B (Cont.) FILE NO.: Z-7145 Water: Contact Central Arkansas Water if larger and/or additional meter(s) are needed. Fire Department: Approved as submitted. County Planning: No Comments received. CATA: Site is on bus route #15 and has no effect on bus radius, turnout and route. SUBDIVISION COMMITTEE COMMENT: (FEBRUARY 7, 2002) The applicant, Lee Sobba, was present. Staff presented the item and noted additional information was needed regarding signage, number of employees per shift, site lighting, fencing, trash pick-up/dumpster location and the actual number of parking spaces on site. Landscape Comments were presented. It was noted that any required upgrade would be determined at the time of building permit. Public Works Comments were presented and discussed. Mr. Sobba was informed of the need to dedicate right-of-way for Wall Street and the radius at the corner. He was told of the need to remove the driveway onto Wall Street and to rebuild the curb and gutter at that point. Staff asked if he would be constructing another driveway from Wall Street to access the parking lot behind the building. Mr. Sobba responded that he would not; that customers could use the driveway located on the north side of the building to get to the back parking lot. The Committee determined there were no other site plan related issues and forwarded the item to the full Commission. The applicant was advised to submit a revised cover letter and site plan addressing those issues and concerns raised by staff. STAFF ANALYSIS: The applicant proposes to convert the existing, 5,400 square foot building located on the I-2 zoned property at 6320 Scott Hamilton Road into a retail, adult -themed store. The applicant proposes to sell adult -themed merchandise; books, magazines, novelties, martial aids, tapes, DVD's and to K3 April 11, 2002 ITEM NO.: B (Cont.) FILE NO.: Z-7145 offer private viewing booths of adult images. This retail use requires a conditional use in I-2. The business is defined as a sexually oriented business. Little Rock Ordinance No. 15,629 defines such uses and sets criteria for locating those establishments. This proposed business complies with the location criteria established by Ordinance No. 15,629. There are no churches, schools, parks, residentially zoned properties, hospitals, historic properties or other sexually oriented businesses within 750 feet of this site. The site is occupied by a 5,400 square foot, single -story, masonry, commercial building. Asphalt parking lots are located in front (east) and behind (west) the building. The parking lots provide for more vehicle spaces than required by the ordinance. In response to Public Works' request, the driveway onto Wall Street will be removed and required right-of-way will be dedicated. The applicant proposes to place a 4 -foot by 4 -foot wall sign on the Wall Street fagade and a 6 -foot by 12 -foot wall sign on the Scott Hamilton fagade. Both signs are below the area permitted for wall signs. A single, 12 foot tall, 2 foot by 2 foot, perpendicular monument style ground -mounted sign will be placed at the southeast corner of the site. Again, this is well below the allowable sign height and area in I-2. The business will operate 24 hours per day, 7 days per week. Two employees will work each shift. An additional employee may be utilized as a parking lot guard to patrol the grounds from 8:00 p.m. to 4:00 a.m. to ensure safety of patron's vehicles and to discourage loitering. Security lighting will be placed on the walls of the building to illuminate the parking lots. Additional parking lot lighting may be placed on existing utility poles at the northwest and southwest corners of the site. A dumpster will be located in the rear parking lot. The dumpster will be enclosed by the required 8 foot tall screening fence. A 7 -foot tall chainlink fence is located along the north property line and enclosing the rear parking lot. This fence will remain. Staff believes it is reasonable to approve the conditional use permit allowing this retail use to occupy the I-2 zoned property. 4 April 11, 2002 ITEM NO.: B (Cont.) FILE NO.: Z-7145 STAFF RECOMMENDATION: Staff recommends approval of the requested conditional use permit subject to compliance with the comments and conditions outlined in Sections 4, 5 and 6 of this report. PLANNING COMMISSION ACTION: (FEBRUARY 28, 2002) The applicant, Lee Sobba, requested that this application be deferred to the April 11, 2002 agenda. The Planning Commission offered the deferral, based on the fact that only eight (8) commissioners were present. The deferral will not be counted against the applicant. The Chairperson placed this item before the Commission for inclusion within the Consent Agenda for deferral to the April 11, 2002 agenda. A motion to that effect was made. The motion passed by a vote of 8 ayes, 0 nays and 3 absent. PLANNING COMMISSION ACTION: (APRIL 111 2002) The applicant was not present. Staff informed the Commission that'the applicant had requested on April 8, 2002 that the item be withdrawn. Numerous phone calls and letters of opposition had been received. A motion was made to waive the Commission's Bylaws to accept the late request for withdrawal. The motion was approved by a vote of 9 ayes, 1 noe and 1 absent. The item was placed on the Consent Agenda and approved for withdrawal. The vote was 10 ayes, 0 noes and 1 absent. 5 SUBDIVISION COMMITTEE COMMENTS FEBRUARY 7, 2002 ITEM 7 SOBBA BOOKSTORE — C.U.P. Z-714 Plannina Staff Comments: 1. Proposed business complies with spacing requirements of Ordinance No. 15,629 (sexually oriented business ordinance). 2. Provide details on size and location of all signage (wall and ground mounted). 3. Indicate striping of parking spaces to conform to ordinance standards. 4. Provide number of employees per shift. 5. Business will operate 24-7. 6. Provide details of all site lighting, including security lighting. 7. Indicate dumpster/trash location and required screening. 8. Indicate details on existing and proposed fencing; height and materials. Variance/Waivers: None requested. Public Works: 1. Show parking for customers and employees. 2. Eliminate driveway on Wall Street, in order to comply with spacing ordinance. 3. Wall Street is classified on the Master Street Plan as a commercial street. Dedicate right-o€way to 30 feet from centerline. 4. A 20 feet radial dedication of right-of-way is required at the corner of Wall Street and Scott Hamilton. 5. Repair or replace any curb and gutter or sidewalk that is damaged in the public right-of-way prior to occupancy. 6. Plans of all work in right-of-way shall be submitted for approval prior to start of work. Utilities and Fire Department/County Planning: Wastewater: Sewer available, not adversely affected. Entergy: Reliant: Southwestern Bell: Water: Contact Central Arkansas Water if larger and/or additional meter(s) are needed. Fire Department: Approved as submitted. County Planning: No Comments required. CATA: Site is on bus route #15 and has no effect on bus radius, turnout and route. Planning Division: No issues. Landscape: Whether a landscaping upgrade will be required will depend upon the amount of rehabilitation that will occur. If the cost of the rehabilitation will exceed fifty (50) percent of what it would cost to rebuild the existing structure at today's cost, than corresponding amount of landscaping upgrade toward compliance with the Landscape Ordinance will be required. ITEM 7 SOBBA BOOKSTORE — C.U.P. Z-7145 _wont. Revised Site Plan: A revised site plan and cover letter must be submitted no later than Wednesday, February 13, 2002 or the item may be deferred.