HomeMy WebLinkAboutZ-8482 Staff AnalysisAugust 6, 2009
ITEM NO.: 11
FILE NO.: Z-8482
NAME: Stingley Auto Repair — Conditional Use Permit
LOCATION: 2225 Cottondale Lane
OWNER/APPLICANT: Sam Mousa/Stephen Giles
PROPOSAL: A conditional use permit is requested to allow an auto
repair garage to operate in the existing building on
this C-3 zoned property.
1. SITE LOCATION:
The property is located on the west side of Cottondale Lane, near the
southern terminus of the street.
2. COMPATIBILITY WITH NEIGHBORHOOD:
The site is located in an area of mixed uses and zoning. Midrise office
buildings are located on 0-1, 0-2, 0-3, C-3 and 1-2 zoned properties
across Cottondale Lane. A POD zoned building across Cottondale is
being remodeled from offices into residential condominiums. The C-3
zoned buildings to the south contain a natural stone company and a home
technology contractor's office. 1-3 zoned properties to the south and west
contain mini -warehouses, wholesale building supply companies and
private clubs. The proposed use of a portion of this building for an auto
repair business is compatible with uses and zoning in the area.
All owners of properties located within 200 feet of the site, all residents
within 300 feet who could be identified and the Hillcrest Residents
Association were notified of this request.
3. ON SITE DRIVES AND PARKING:
The site is accessed by two driveways off of Cottondale Lane. The
property contain 30 marked parking spaces with room for an additional 4
parallel spaces along the driveway in front of the proposed auto repair
business. The remainder of the site is occupied by a contractor's office
and a natural stone company. Although parking appears tight on the
property, it should be sufficient for the use. Staff believes no vehicles
awaiting service should be parked on the street.
August 6, 2009
ITEM NO.: 11 Cont. FILE NO.: Z-8482
4. SCREENING AND BUFFERS:
No comments on this use -only issue.
5. PUBLIC WORKS COMMENTS:
No Comments.
6, UTILITY FIRE DEPT. AND CATA COMMENTS -
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: Approved as submitted.
County Planning: No Comments.
CATA: The site is not located on a CATA bus route. A route is located
nearby, on Riverfront Drive.
SUBDIVISION COMMITTEE COMMENT: (JULY 16, 2009)
The applicant was present. Staff presented the item and noted additional
information was needed regarding the nature of the business. Staff also
requested information regarding days and hours of operation and signage. Staff
asked how much of the building would be used by the business and if vehicles
would be kept outside after hours. Staff questioned if a wrecker service would be
located on the site. The applicant was asked to provide a copy of the bill of
assurance and to locate the dumpster on the site plan.
There were no additional comments to discuss. The applicant was advised to
respond to staff comments by Wednesday July 22, 2009. The Committee
forwarded the item to the full Commission.
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August 6, 2009
ITEM NO.. 11 (Cont.) FILE NO.: Z-8482
STAFF ANALYSIS:
The C-3 zoned property located at 8218 Cottondale Lane is occupied by two,
one-story industrial buildings. The building on the western portion of the lot
contains approximately 9,700 square feet of area. The applicant is requesting
approval of a conditional use permit to allow use of up to 3,200 square feet of the
building for an auto repair garage. His occupancy will be the northern end of the
building where an existing garage door provides access from the parking lot.
Riverdale Automotive is described by the applicant as a "Luxury vehicle
maintenance, mechanical repair, restoration and parts replacement
establishment". There will be no body work or painting on the site. Proposed
days and hours of operation are Monday through Friday, 7:30 a.m. to 6:00 p.m.
Signage will consist of an awning sign over the garage door. Customer vehicles
will be kept inside at night as much as possible. The building will hold 10 to 12
vehicles at night with overflow to be parked outside on the lot. No wrecker
service will be located at the site and no car washing or detailing will be done at
this site. The dumpster is located in an existing service area at the south end of
the building. The bill of assurance for this lot in Riverfront Addition does not
prohibit the proposed use.
Staff is supportive of the proposed use and believe the use is compatible with
zoning uses in the area. To staff's knowledge, there are no outstanding issues.
STAFF RECOMMENDATION:
Staff recommends approval of the requested C.U.P. to allow the auto repair
business, subject to compliance with the following conditions:
All auto repair and maintenance is to take place entirely within the enclosed
building.
2. There is to be no outside storage or display of vehicle parts, including tires.
3. No vehicles in an obvious state of disrepair are to be kept outside of the
building after hours.
4. No vehicles awaiting repair are to be parked on the street.
PLANNING COMMISSION ACTION: (AUGUST 6, 2009)
The applicant was present. There were several objectors present. Several
letters and e-mails of support and opposition had been received by staff and
forwarded to the Commission. Staff presented the item and a recommendation
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August 6, 2009
ITEM NO.: 11 (Cont.
FILE NO.: Z-8482
of approval subject to compliance with the comments and conditions noted in the
"staff recommendation" above.
Attorney Stephen Giles, representing the applicant, addressed the Commission.
He stated this was a commercial use being proposed in a commercial zone. He
stated he agreed with staff's recommendation and would reserve his time to
respond to comments from the objectors.
Ross McCain, owner of the property at 2222 Cottondale Lane, spoke in
opposition. He stated the proposed use was not compatible with uses in the area
and considerable investment had been made to other buildings in the area. He
stated an auto repair shop was still an auto repair shop regardless of and
conditions that might be attached. Mr. McCain said the industrial uses along
Jesse Road were not a part of the Cottondale Lane neighborhood.
Robert Eubanks, attorney representing Helen Murchison, an adjacent property
owner, spoke in opposition. He stated there were concerns about parking and
the effect the use would have on her customers. Mr. Eubanks stated the
applicant was not currently moving the vehicles into the building after hours. He
stated he was also speaking for Cottondale LLC, another area property owner
who was also opposed to the auto repair business.
Mr. Giles stated the applicant and the property owner were also concerned about
property values. Mr. Giles stated the owner of the property would not have
rented the space to the applicant if he thought there would be an effect on his
own property value. Mr. Giles stated the nature of the work to be done at the site
was such that noise would be kept as low as possible, the hours of operation
were reasonable and there would be no new outside lighting. He stated vehicles
would be moved into the building after hours as much as possible and any left
outside would be kept on the side of the driveway coming off of Cottondale Lane.
Mr. Giles stated the applicant wanted to be a good neighbor and hoped to
provide service to neighborhood businesses and residents.
Brian Stingley, the applicant, stated the majority of his clients were business
professionals and he specialized in high -end automobiles. He stated he also
serviced other makes of autos.
Vice -chair Yates commented that he understood the neighbors concerns about
the exterior appearance of the building and site. He asked Mr. Stingley if he
would consider bringing all vehicles into the building after hours and leaving them
there until reopening each morning. Mr. Stingley responded that he could get 10-
12 vehicles in the building, depending on the size of the vehicles, and he did not
see where there would ever be more than 1 or 2 vehicles left outside after hours.
Mr. Yates commented that could not support the applications under such
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August 6, 2009
ITEM NO.: 11 (Cont.) FILE NO.: Z-8482
conditions. Mr. Stingley then stated he would commit to keeping all vehicles
inside the building after hours.
Commissioner Rector commented that he did not see how this proposed use
would burden other properties in the area. Vice -chair Yates agreed.
A motion was made to approve the application as amended, including all staff
comments and conditions. The motion was approved by a vote of 8 ayes, 1 noe
and 2 absent.
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