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HomeMy WebLinkAboutZ-8670 Staff AnalysisJune 30, 2011 ITEM NO.: 7 FILE NO.: Z-8670 NAME: Sky Broadcasting and Management Event Center - Conditional Use Permit LOCATION: 3915 S. University Avenue OWNER/APPLICANT: Greater Missouri Builders, Inc./ Sky Broadcasting and Management PROPOSAL: A conditional use permit is requested to allow for the use of the existing building on this C-3 zoned property as an event center. ORDINANCE DESIGN STANDARDS: SITE LOCATION: The site, the former Cinema 150 theater, is located on the east side of S. University, just south of Asher Avenue. 2. COMPATIBILITY WITH NEIGHBORHOOD: The site is located within the commercial node established around the Asher/Colonel Glenn/University intersection. Most all surrounding properties are zoned C-3 and are occupied by a variety of commercial uses. The building was previously occupied by a theater. 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, Curran Conway, Fair Park Neighborhood Associations and the University District were notified of this request. At its June 6, 2011 meeting, SWLR United for Progress voted not to support the application. 3. ON SITE DRIVES AND PARKING: The building sits on a lot by itself. The lot is part of the overall Village Shopping Center development and parking is shared within the development. The parking is sufficient to accommodate the use. 4. SCREENING AND BUFFERS: No Comments on this use -only issue. June 30, 2011 ITEM NO.: 7 5. PUBLIC WORKS COMMENTS: No Comments. 6. UTILITY AND FIRE DEPT. COMMENTS; Wastewater: Sewer available to this project. FILE NO.: Z-8670 Entergy: Easement required of ten (10) feet UG (five (5) feet each side of existing centerline) and thirty (30) feet OH (fifteen (15) feet each side of centerline). Contact Entergy. Centerpoint Energy: Approved as submitted. AT&T (SBC): No comments received. Water: No objections. All Central Arkansas Water requirements in effect at the time of request for water service must be met. Contact Central Arkansas Water if additional fire protection or metered water service is required or regarding the size and location of the water meter. Due to the nature of this facility, installation of an approved reduced pressure zone backflow preventer assembly (RPZ) is required on the domestic water service. This assembly must be installed prior to the first point of use. Central Arkansas Water (CAW) requires that upon installation of the PRZA, successful tests of the assembly must be completed by a Certified Assembly Tester licensed by the State of Arkansas and approved by CAW. The test results must be sent to CAW's Cross connection Section within ten (10) days of installation and annually thereafter. Contact the Cross connection Section at 377-1226 if you would like to discuss backflow prevention requirements for this project. Fire Department: Approved as submitted. County Planning: No Comments. CATA: Approved as submitted. This site is located on a CATA bus route. SUBDIVISION COMMITTEE COMMENT: (JUNE 9, 2011) Amanda Whitaker, of Sky Broadcasting, was present representing the application. Staff presented the item and noted additional information was needed regarding days and 2 June 30, 2011 ITEM NO.: 7 (Cont. FILE NO.: Z-8670 hours of operation, signage and maximum occupancy of the facility based on different types of events. Staff requested that the dumpster and other buildings be shown on the plan. It was noted that the survey was outdated and a new survey was needed. Ms. Whitaker responded that a new survey had been completed. Staff asked if there was a cross -parking agreement between this site and the abutting properties within the shopping center. The Committee then discussed the use of the site as an event center. Commissioner Rector informed Ms. Whitaker that the City had issues with other event centers and most of those issues centered on the use of alcohol. He asked the applicant to provide additional information on the proposed use of alcohol associated with the event center. In response to a question from the Committee, Ms. Whitaker stated the facility was not to be sub -leased to any other individuals. The applicant was advised to submit responses to staff issues no later than Wednesday, June 15, 2011. The Committee forwarded the item to the full Commission, STAFF ANALYSIS: The former Cinema 150 building occupies the .5 acre lot located at 3915 S. University Avenue. The lot contains the 12,455 square foot theater building and two smaller buildings that have been added to the site by the applicant. The lot is part of the overall Village Shopping Center development and parking is shared within the development. The applicant is requesting approval of a conditional use permit to allow use of the site for an event center. The applicant submitted the follow description of activities planned for the site: The building will not be rented or leased to any outside promoters or third party groups, nor will it be used to hold high school or college parties of any type. 3915 S. University will be the location for creating a variety of productions for future broadcast on KARZ (Comcast channel 9/Dish channel 42). These productions shall include programs such as wrestling, gospel and blues shows, talk shows, celebrity music and productions geared toward high school students with current topics such as stop the violence, drug use and current event discussions. Signage consists of space on the former Cinema 150 marquee, which is part of the Village Shopping Center ground sign adjacent to S. University Avenue. The Fire Marshal's office has established a total capacity for the building of 635 persons. The applicant has requested to operate any of seven days a week, although it is unlikely events will be staged every day. Seven days a week are requested to permit flexibility in scheduling. Events will be over no later than 11:30 p.m. with move out to be completed by 12:00 midnight 3 June 30, 2011 ITEM NO.: 7 (Cont.) FILE NO.: Z-8670 The 1994 bill of assurance states use of the structure must comply with City of Little Rock Zoning Regulations. The two (2) small buildings placed on the property serve as a ticket office and a dressing room. There is no dressing room in the large building and the applicant states use of the small ticket sales building saves heating and cooling the large building during times no events are occurring. The applicant states no cooking of foods takes place at the site; only prepared food and soft drinks are sold. The applicant states "sky television studio has no plans to sell beer or to apply for a liquor license." On February 15, 2011, the Board of Directors passed Ordinance No. 20,407 which among other things, created a definition for event centers and established separation requirements for such uses. Chapter 36, Section 36-107.(15). of the Code of Ordinances reads as follows: (15) Separation requirements for event centers shall be determined by the planning commission so as not to adversely impact the neighborhood. Event center review shall consider the following additional requirement: (a) An event center shall not be located within 750 feet of the following: (1) A church or other religious facility. (2) A sexually -oriented business as defined by Chapter 17 of the Code of Ordinances. (3) A public or private elementary, secondary or post -secondary school, a day care center or any facility that operates programs for children or youth. (4) Any single-family or multifamily residential use, except a hotel or motel, or a residential use that is within a unified development that contains both the event center and the residential use. (b) For the purposes of Subsection (a) of this section, measurement shall be made in a straight line, without regard to intervening structures or objects, from the nearest portion of a building or structure proposed for occupancy as an event center to the nearest property line of any use listed in subsection (a). Il June 30, 2011 ITEM NO.: 7 (Cont. FILE NO.: Z-8670 Although the site is located within what is primarily a commercial area, there are apparently uses from subsection (a) above within 750 feet of the site. Coleman Place Apartments are located approximately 500 feet to the east, behind the shopping center. Chateau DeVille Apartments are located approximately 740 feet to the northwest, across the Colonel Glenn/University intersection. UALR property is located approximately 600 feet to the north, across Asher Avenue. Staff believes the proposed use, as described by the applicant, could be an appropriate use for the site. The business varies from the way other event centers which have, in some cases, created issues, operate. The building will not be rented or leased to outside promoters or third party groups, nor will it be used to hold high school or college parties of any type. Events will be over no later than 11:30 p.m. with move -out to be completed by 12:00 midnight. No beer or alcohol will be sold or distributed on the site. As proposed, the facility will operate much as a theater, the previous occupant of the building. Staff believes it is appropriate to approve the C.U.P. with a report to be made to the Planning Commission in six (6) months to assure that the use is in compliance with all conditions and to determine if any issues have arisen that might cause the use to no longer be considered appropriate for the site. Although there are residential uses within 750 feet of the site, those uses are sufficiently separated from this site by other commercial uses and distance so as not to be impacted by this use, as proposed. STAFF RECOMMENDATION: Staff recommends approval of the requested C.U.P. subject to compliance with the following conditions: 1. Compliance with the comments and conditions outlined in Sections 4, 5 and 6 of the agenda staff report. 2. The facility is to be operated as described by the applicant in the "staff analysis" above. 3. The building is not to be rented or leased to any outside promoters or third parties. 4. The C.U.P. is limited to this applicant, sky broadcasting and management. 5. No beer or other alcohol are to be sold or distributed on site and no alcohol or liquor license are to be applied for. 5 June 30, 2011 ITEM NO.: 7 (Cont. FILE NO.: Z-8670 6. In six (6) months. A report is to be made by staff to the Planning Commission, so that the Commission may determine if the use is in compliance with all conditions and if any issues have arisen that might cause the use to no longer be appropriate for the site. PLANNING COMMISSION ACTION- (JUNE 30, 2011) The applicant was present. There were no objectors present. Staff presented the item and a recommendation of approval as outlined in the "staff recommendation" above. There was no further discussion. The item was placed on the consent agenda and approved, including all staff comments and conditions, by a vote of 10 ayes, 0 noes and 1 absent.