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HomeMy WebLinkAboutZ-8377 Staff AnalysisAugust 21, 2008 O.: 10 NAME: LOCATION: Tolliver Muffler and Tire Shop — Conditional Use Permit 8312 Geyer Springs Road OWNER/APPLICANT: Don Parks/John Tolliver PROPOSAL: A conditional use permit is requested to allow for use of the existing building on this C-3 zoned tract as a muffler and tire shop. 1. SITE LOCATION: The property is located on the west side of Geyer Springs Road, one lot south of West 83rd Street. 2. COMPATIBILITY WITH NEIGHBORHOOD: The property is located in an area of mixed zoning and uses, although none are zoned C-4 or have automobile type activities. A school is located adjacent to the north. A church and day care are adjacent to the west. To the east, the properties fronting onto Geyer Springs are zoned 0-1 and 0-3 and contain small office uses and a day care center. A day care center is located on 0-3 zoned property to the south. Also to the south, a small commercial strip center is located on C-3 zoned property. Along this portion of Geyer Springs, from 83rd to Hinkson, the uses are primarily office and institutional in nature. The C-3 zoned strip center contains uses that are retail and enclosed. Staff feels the proposed muffler and tire shop, a C-4 type use, is not compatible with uses in the immediate vicinity. Notice was sent to all owners of properties located within 200 feet of the site, all residents within 300 feet who could be identified and the SWLR United for Progress, Cloverdale and Windamere Neighborhood Associations were notified of this request. 3. ON SITE DRIVES AND PARKING: The site has two driveways onto Geyer Springs Road and two driveways onto the church property to the west. The property contains a large, paved parking lot with more than adequate parking to accommodate the use. The applicant proposes to gate the four entrances after hours to prohibit illicit use of the property by transient venders. August 21, 2008 ITEM NO.: 10 (Cont.) FILE NO.: Z-8377 4. SCREENING AND BUFFERS: Site Plan must comply with the City's landscape and buffer ordinance requirements. Landscaping will be required in conjunction with any new parking area on the site. Depending upon rehabilitation costs associated with this project, the parking lot and property may have to be brought into full compliancy with the City's landscaping and buffer minimal requirements. 5. PUBLIC WORKS COMMENTS: 1. No Comments. 6. UTILITY. FIRE DEPT. AND CATA COMME Wastewater: Sewer is available to this property. Entergy: No comment received. CenterPoint Energy: No comment received. AT&T (SBC): No comment received. Water: Contact Central Arkansas Water if larger and/or larger additional water meter(s) are required. Fire Department: Fire hydrant may be required. County Planning: No comment received. CATA: The site is located on a CATA bus route. SUBDIVISION COMMITTEE COMMENT (JULY 31, 2008) The applicant was present. Staff presented the item and noted additional information was needed regarding days and hours of operation, signage and dumpster location. The applicant was advised that all work must take place within the enclosed building and no storage/display of merchandise, parts, tires, etc.... would be permitted outside the building. 2 August 21, 2008 ITEM NO.: 10 (Cont. FILE NO.: Z-8377 Commissioner Laha commented that the site had become a gathering place for transient venders on weekends. Mr. Tolliver stated he would gate the driveways to prohibit access to the site after hours. The applicant was advised to provide a copy of the bill of assurance for the site and to respond to staff issues by August 6, 2008. The Committee forwarded the item to the full Commission. STAFF ANALYSIS: The C-3 zoned lot located at 8312 Geyer Springs Road is occupied by a one- story, brick and frame commercial building and a paved parking lot. The building was previously occupied by a restaurant. The applicant is proposing to remodel the building for a muffler and tire shop. Two overhead doors are proposed to be installed on the front (north) fapade of the building. The applicant proposes to do exhaust work; including mufflers, tail pipes and catalytic converters. Installation of tires and wheels is also proposed. Days and hours of operation are proposed as Monday through Friday, 7:30 a.m. — 6:00 p.m.; Saturday, 7:30 a.m. — 2:00 p.m., and Sunday by appointment only. Signage is to conform to that allowed in commercial zones. The dumpster location is at the west end of the restaurant, where it has historically been located. The applicant proposes to gate the 4 driveway entrances after hours to prohibit illicit transient sales. The bill of assurance specifically permits business or commercial uses for the property. Although Geyer Springs Road is populated by a variety of uses, staff has concerns with placing this C-4 type, auto related use at this specific location. This two -block portion of Geyer Springs contains primarily office and institutional uses. Additionally, the uses adjacent to the north, west and south are a church, a school and a day care. The commercial uses in the immediate vicinity are enclosed retail uses. The small office uses located along the east perimeter of Geyer Springs include a day care, a tax office and insurance offices. Staff feels this proposed C-4 type use, with the noise and activity typically associated within such a use, is not appropriate for this site. FF RECOMMENDATION: Staff recommends denial of the C.U.P. 3 August 21, 2008 ITEM NO.: 10 (Cont. PLANNING COMMISSION ACTION: 121��►191WAR M (AUGUST 21, 2008) The applicant was present. There were two objectors present. Two letters of opposition had been received by staff and forwarded to the Commission. Staff presented the item and a recommendation of denial. Staff noted that a letter had been submitted by Pat Gee, Vice-president of SWLRUP, that contained several additional conditions that the organization wanted the Commission to consider for the site, should the C.U.P. be approved. The applicant, John Tolliver, addressed the Commission. He stated he would work with neighbors to address any concerns they might have. He stated he had no complaints from neighbors near his shop in North Little Rock. Mr. Tolliver stated new tools and techniques used in the tire and muffler business had reduced the amount of noise created by such businesses. Mr. Tolliver stated he had chosen to locate at this site because he got a good deal on the site from a friend who owned it. He referred to the list of additional conditions from SWLRUP and stated he could not comply with all of the conditions and make the business work. Pat Gee, Vice-president of SWLRUP, addressed the Commission. She stated SWLRUP and the Cloverdale Neighborhood Association were opposed to the use. She stated the site was close to day care centers, a school and a church. Ms. Gee expressed concern that noise created by the muffler and tire shop would negatively impact those nearby uses. She also expressed concern about men "hanging out" around the shop. She referenced the list of additional conditions that her organization had submitted. Ruth Bell, of the League of Women Voter, spoke in opposition. She stated this area along Geyer Springs was populated by uses that were of lesser intensity and density. Stated the proposed muffler and tire shop was inappropriate for the area and asked the Commission to deny the application. Mr. Tolliver addressed the Commission and restated his contention that his was a quiet use that would not impact other uses in the area. He stated again that he had no complaints from neighbors near his current site in North Little Rock. Mr. Tolliver stated there would be some noise from customers trying out new performance mufflers. Commissioner Adcock asked Mr. Tolliver about his proposal to be open on Sundays by appointment. He responded that Sunday hours would be for valued customers. He stated he had not had a Sunday customer in the five years he had made the service available. Commissioner Adcock stated she wanted the Sunday hours eliminated and she did not like the Saturday hours either. 12 August 21, 2008 ITEM NO.: 10 (Cont. FILE NO.: Z-83 In response to a question from Commissioner Yates, Dana Carney of the Planning staff explained staff's reasoning for recommending denial of the item. He discussed the C-4 type nature of the use and its potential impact on the surrounding office and institutional uses. At Chairman Taylor's suggestion, Mr. Tolliver went through the list from Ms. Gee, item by item, noting the items he could not agree with. He stated he was amending his application to remove the proposed Sunday hours and was agreeing to items 1,2,3,4,7,8,9 and 11 from the list provided by Ms. Gee of SWLRUP. A motion was made to approve the application as amended subject to all staff comments and conditions, less the recommendation of denial. The motion failed with a vote of 0 ayes, 10 noes and 1 absent. 5 SUBDIVISION COMMITTEE COMMENTS DULY 31, 2008 ITEM NO.: 10. TOLLIVER MUFFLER AND TIRE SHOP CONDITIONAL USE PERMIT 8312 GEYER SPRINGS ROAD _ _ (Z-8377) Planning Staff Comments: 1. Provide a copy of the Bill of Assurance for Vogel Replat No. 2 Addition. 2. Provide signage plan. 3. Provide days and hours of operation. 4. Locate dumpster and required screening. 5. All work must take place entirely within the enclosed building. 6. There is to be no storage/display of merchandise, parts, tires, etc ---outside the building. 7. Locate and describe any proposed fencing. Variance/Waivers: None requested. Public Works: 1. No Comments. Utilities and Fire Department/County Planning: Wastewater: Sewer available to this property. Entergy: No comment received. Centerpoint Energy: No comment received. AT&T (SBC): No comment received. Water: Contact Central Arkansas Water if larger and/or additional water meter(s) are required. Fire Department: Fire hydrant may be required. County Planning: No comment received. CATA: This site is located on a CATA bus route. Planning Division: No Comments. Landscape: Site Plan must comply with the City's minimal landscape and buffer ordinance requirements. Landscaping will be required in conjunction with any new parking area on the site. Depending upon rehabilitation costs associated with this project, the parking lot and property may have to be brought into full compliancy with the City's landscaping and buffer minimal requirements. Other: Submit responses to staff comments and four (4) copies of revised site plan no later than Wednesday August 6, 2008. Required notices must be sent by August 6, 2008 and proof of notice returned to staff by August 15, 2008.