Shreveport council upholds appeal, denies Take 5 special-use permit over disputed access

The Shreveport City Council voted to uphold an appeal and deny a special-use permit requested for a proposed Take 5 Oil Change at the Flournoy Lucas/Ellerby Road site, after a lengthy hearing focused on who controls the parcel providing access and whether the site’s driveway would create traffic and legal liabilities.

Appellant counsel Scott Sinclair told the council the application was incomplete because Lucky Land ‘‘is not the owner of this property’’ and lacks written permission to use a narrow strip of land shown on the plan as the only access. Sinclair warned approving the permit would amount to an improper transfer or exclusive private use of an easement that was granted as a public right-of-way: ‘‘If you approve this today, tomorrow…they’ll be a trespasser,’’ he said.

Take 5’s counsel, Jeff Westmoreland, said the proposal had been vetted by the MPC and by traffic review and that the company had agreed to site changes meant to reduce impacts. Westmoreland described two concessions offered after public feedback: a right-exit-only design and an owner-funded left-turn lane into the site. "We have met all traffic concerns…The MPC unanimously approved it," he said.

Architect John Linton outlined design changes, including a reduction from a 3-bay prototype to a 2-bay facility, added landscaping and revised exterior materials intended to better fit the residential context. He said hazardous materials would be handled by third-party certified haulers and estimated the site could staff roughly "4 to 6 people at a time." He and Westmoreland also cited a traffic study, which they said showed limited peak-hour impact for the proposed use.

Councilmembers repeatedly returned to ownership and control of a narrow tract (appearing on city maps as a right-of-way) that the applicant would use to access the property. City staff and the attorney for the council explained that the MPC reviews ingress and egress for site plans but does not conduct title searches or resolve deed questions, and that DOTD issues curb-cut approvals for state highways. The state had previously declined a curb cut on Flournoy Lucas at locations the applicant preferred, a fact the council noted in debate.

Councilman Butcher said concerns about safety and unanswered legal questions made it difficult to approve: "I can't approve it now," he said, urging deference to the district councilmember’s position. After debate, Butcher moved to uphold the appeal (which would deny the special-use permit); the motion passed with the clerk announcing, "That passes to 7." The council’s action preserves the underlying C-2 zoning but removes the special use for minor vehicle repair/drive-through at that location.

The council discussed remedies available to the applicant, including reapplication or pursuing state-level remedies related to DOTD permissions; staff noted a new application could restart the process. The decision closes the current pathway for construction under the MPC approval, and any future proposal would need to address the ownership/ingress question and related traffic engineering requirements.

The council’s decision was the meeting’s final substantive action before adjournment.