Loading...
HomeMy WebLinkAboutZ-8429 Staff AnalysisFebruary 19, 2009 ITEM NO.: 7 NAME: LOCATION: OWNER/APPLICANT Duffy Event Center Conditional Use Permit 5001 W. 34tn Street Elizabeth Fortner/O.C. Duffy, Jr. FILE NO.: Z-8429 PROPOSAL: A conditional use permit is requested to allow use of a portion of the existing building on this 1-2 zoned property for an event center. 1. SITE LOCATION: The property is located on the south side of W. 34tn Street, east of its intersection with Mary Street. 2. COMPATIBILITY WITH NEIGHBORHOOD) The property is located in an area that is primarily light industrial in use and zoning. Numerous light industrial uses, including a food service distributor, are located on 1-2 zoned properties in the general vicinity. Non -conforming single family residences are located on 1-2 zoned properties to the east and across 34tn Street to the north east. 1-2 zoned warehouse properties are located to the west and north. A small area of occupied single family residences are located to the west, along 34tn and Anna Streets. Staff feels the proposed event center is not compatible with uses zoning in the area. The property is "tucked" back in behind an area that contains small industrial uses and single family residences. The level of traffic, activity and noise generated by the proposed use is of concern. All owners of properties located within 200 feet of the site, all residents within 300 feet who could be identified and the South of Asher and Curran/Conway Neighborhood Associations were notified of this proposal. 3. ON SITE DRIVES AND PARKING: Access to the site is via two driveways off of W. 34tn Street. The site contains 19 paved parking spaces. The applicant submitted a plan showing an additional 7 spaces but those spaces do not comply with minimal ordinance standards and cannot be counted. The applicant has submitted a letter from the owner of the property located across W. 34th Street. The owner of that property has given permission for this applicant to park on his property. He indicates up to 25 vehicles may park on that site. Staff believes the number is substantially less. The building contains an office, storage space and the proposed event center. The event center is to contain 2500 square feet, requiring 25 parking spaces. February 19, 2009 ITEM NO.: 7 (Cont. FILE NO.: Z-8429 The applicant states most of the gatherings at the facility, will have less than 75 attendees but the facility is being designed to accommodate up to 150 persons. 4. SCREENING AND BUFFERS: Any expansion of the vehicular use area will require compliance with the City's Landscape and Buffer Ordinance. 5. PUBLIC WORKS COMMENTS: No Comments. 6. UTILITY. FIRE DEPT. AND CATA COMMENTS: Wastewater: Sewer available to this project. 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 meters are required. Fire Department: No comment received. County Planning: No comments. CATA: The site is not located on a CATA bus route. A bus route is located north of the site, on Asher Avenue. SUBDIVISION COMMITTEE COMMENT: (JANUARY 29, 2009). The applicant was present. Staff presented the item and requested additional information on signage and hours of operation. Staff requested the applicant provide a parking plan and specify what other uses would occupy the remainder of the building. Utility and Fire department comments were noted. The applicant was advised to respond to staff comments by February 4, 2009. The Committee forwarded the item to the full Commission. 2 February 19, 2009 ITEM NO.: 7 Cont. FILE NO.: Z-8429 STAFF ANALYSIS: The 1-2 zoned property located at 5001 W. 34th Street is occupied by a 10,600 square foot metal building and a 19 space parking lot. The applicant is requesting approval of a conditional use permit to allow use of 2,500 square feet of the building as an event center (banquet room for rental for birthday parties, family reunions, wedding receptions and other gatherings). The applicant has been under enforcement by the City for operating the use without proper zoning approval. The event center (banquet room) is to occupy 2, 500 square feet of the building. Approximately 2,000 square feet of the building is office space. The remainder of the building is used for material storage for the applicant's construction company which also occupies the building. The applicant states most of the gatherings at the facility will have less than 75 attendees but he is designing the facility to accommodate up to 150 persons. Hours of operation are proposed as 8:30 P.M. — 2:00 A.M. with most use being on Saturday nights. The applicant proposes to place a dumpster in front of the building, adjacent to 34th Street. Signage will consist of a wall sign on the building. The applicant has presented a letter from the owner of the property, located across W. 34°h Street allowing use of that site's parking lot. The bill of assurance does not address use issues. Staff is not supportive of the proposed use. This property is "tucked in" behind a small neighborhood of small industrial uses and single family residences. There is insufficient parking on the site which results in parking on adjacent properties and in the street. Staff does not believe this is the appropriate location for this level of traffic and activity. Staff does not support placement of the dumpster within the front yard setback. STAFF RECOMMENDATION: Staff recommends denial of the application. PLANNING COMMISSION ACTION: (FEBRUARY 19, 2009) The applicant was present. There were two objectors present. Staff presented the item and a recommendation of denial. Vice -chair Yates noted there were only eight (8) Commissioners present and asked the applicant if he wished to defer. Mr. Duffy responded that he wished to proceed. O.C.Duffy addressed the Commission and stated he wanted a venue that would meet the needs of persons over 40 years old. He stated he understood the City's concerns with "event centers." He admitted that he had used the building for events without prior City approval. Mr. Duffy noted the other uses in the area and stated his use would not 3 February 19, 2009 ITEM NO.: 7 (Cont. FILE NO.: Z-8429 create noise or traffic problems. He stated he did not sell alcohol, did not intend to sell alcohol and would not allow others to sell alcohol in the building. Nola Ballinger, of 5121 W. 34th Street, spoke in opposition. She asked what restrictions would be placed on use of the building and how the City would enforce those restrictions. She made reference to a party at the facility in December 2008 that resulted in loud noise, much traffic and even gunfire. She stated persons attending the facility had parked on the street as far down 34th Street as past her property. Ms. Ballinger stated the facility would operate like a private club and would create traffic issues. Ron Copeland, Director of the University District Partnership and representing UALR, spoke in opposition. He voiced concerns about alcohol use in the facility, late hours of operation and the proliferation of private clubs in the area. Mr. Duffy responded that there had been few events at the facility that had generated any traffic issues. He reiterated that he intended to focus use of the facility on an older crowd. He stated he would provide any needed parking and would not serve alcohol. He stated he would say "no alcohol will be allowed in the place period, if necessary." He said he was trying to provide a safe venue for a quiet, older crowd. Mr. Duffy stated no other uses in the area would be affected by his business. In response to a subsequent discussion, Mr. Duffy stated he was amending his application to limit the hours of operation to Thursday -Sunday, 10:30 a.m.-1:00 a.m. In response to a question from Commissioner Rouse, Mr. Duffy stated he had insulated the building and would add more if needed to assure that noise from the facility is not a problem. In response to a question from Commissioner Rouse, Ms. Ballinger stated not all events at the facility had created parking problems. A motion was made to approve the application as amended subject to all staff comments and conditions except the recommendation of denial. It was noted that the amended application included no alcohol would be served at the facility either by the applicant or by those leasing the facility and the hours of operation would be Thursday - Sunday, 10:30 a.m.-1:00 a.m. Staff questioned if that meant persons could bring their own alcohol to the facility. Mr. Duffy stated no alcohol consumption would be allowed in the building, period. The vote on the motion was 7 ayes, 1 noe and 3 absent. The motion was approved. 0