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Z-8751 Staff AnalysisITEM NO.: 8. NAME: Mosaic Church of Central Arkansas Long -form PCD LOCATION: located at 6221 Colonel Glenn Road Plannina Staff Comments: Z-8751 1. Provide notification of property owners located within 200-feet of the site including the certified abstract list, notice form with affidavit executed and proof of mailing. The notice must be mailed no later than March 14, 2012. The Office of Planning and Development must receive the proof of notice no later than March 23, 2012. 2. Provide details of the long term plans for the site. a. Will the church have a mother's day out program? b. Will the church have a daycare and/or school? c. Provide the current membership and the maximum number of members proposed for this location. Will the church hold multiple services? d. The cover letter indicates a playground for children open to the public. Will there be indoor and outdoor play areas? Identify on the site plan all areas proposed for outdoor play activities — basketball courts. e. Provide details of the proposed walking track. 3. Provide the days and hours of activities for the site. The cover letter indicates the days and hours of the food truck court (6 am to 10 pm — daily). Provide the days and hours of all other activities on the site. 4. Will there be a dumpster located on the site? If so provide the location of the proposed dumpster facility along with a note indicating the required screening. 5. Are trash receptacles proposed within the parking lot area for the food truck court? If so note the number anticipated and a general note indicating the location. 6. The cover letter indicates a maximum of two picnic tables per truck and a maximum of twelve trucks. This is a total of 24 tables. How will the tables be arranged to minimize the impact on parking during other church functions and services? 7. Will the trucks be allowed on days of church service? If so how will parking for the church members and the food truck vendors/customers be handled? Variance/Waivers: None requested. Public Works Conditions: 1. Discharges from food preparation and equipment in the food court must be to the sanitary sewer and not to the stormwater drainage system. 2. A grading permit in accordance with Section 29-186 (c) and (d) will be required prior to any land clearing or grading activities in the floodplain at the site. Other than residential subdivisions, site grading and drainage plans must be submitted and approved prior to the start of construction. 3. A special Grading Permit for Flood Hazard Areas will be required per Section 8-283 prior to construction in the floodplain. 4. In accordance with Section 31-176, floodway areas must be shown as floodway Item # 8. easements or be dedicated to the public. In addition, a 25-foot wide access easement is required adjacent to the floodway boundary. Utilities and Fire Department/County Planning: Wastewater: Sewer available to this project. If the request is to allow the trucks to remain on site over night contact the Little Rock Wastewater Utility for clarification on sewer requirements. Entergy: No comment received. Center -Point Energy: No comment received. AT & T: No comment received. Central Arkansas Water: All Central Arkansas Water requirements in effect at the item of request for water service must be met. The Little Rock Fire Department needs to evaluate this site to determine whether additional public or private fire hydrant(s) will be required. If additional fire hydrant(s) are required, they will be installed at the Developer's expense. Please submit plans for water facilities and/or fire protection system to Central Arkansas Water for review. Plan revisions may be required after additional review. Contact Central Arkansas water regarding procedures for installation of water facilities and/or fire service. Approval of plans by the Arkansas Department of Health Engineering Division and the Little Rock Fire Department is required. Contact Central Arkansas Water regarding the size and location of the water meter. A Capital Investment Charge based on the size of meter connection(s) will apply to this project in addition to normal charges. This fee will apply to all connections including metered connections off the private fire system. 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 requires that upon installation of the RPZA, successful tests of the assembly must be completed by a Certified Assembly Tester licensed by the State of Arkansas and approved by Central Arkansas Water. The test results must be sent to Central Arkansas Water's Cross Connection Section within ten 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: Place fire hydrants per code. Maintain a minimum access of 20-feet. Contact the Little Rock Fire Department for additional information. County Planning: No comment. CATA: The #17 — the Mabelvale Downtown, #21 — the University Avenue and #14 - the Rosedale Route bus route4s all directly serve this project on University Avenue and Colonel Glenn Road. CATA recommends the development install either a bus bench or shelter on University Avenue at the existing bus stop and/or closer to the entrance off University Avenue. CATA is willing to discuss a partnership in this proposed project. Parks and Recreation: No comment received. Item # 8. Planning Division: This request is located in the Boyle Park Planning District. The Land Use Plan shows Mixed Use (MX) for this property. This category provides for a mixture of residential, office and commercial uses to occur. A Planned Zoning District is required if the use is entirely office or commercial or if the use is a mixture of the three (3). The applicant has applied for a rezoning from C-3 (General Commercial) to PCD (Planned Commercial District) to allow for activities related to a food -truck court on this site. Master Street Plan: Colonel Glenn Road and University Avenue are Principal Arterials. A Principal Arterial is to serve thorough traffic and to connect major traffic generators or activity centers within the urbanized area. Entrances and exits should be limited to minimize negative effects of traffic and pedestrians on Colonel Glenn Road and University Avenue. These streets may require dedication of right-of-way and may require street improvements for entrances and exits to the site. Bicycle Plan: A Class II Bike Lanes are shown along Colonel Glenn Road and University Avenue. Bike Lanes provide a portion of the pavement for the sole use of bicycles. Landscape: 1. Site plan must comply with the City's landscape and buffer ordinance requirements. 2. There were recently numerous, mature trees cut on this property without prior approval. This area needs to be mitigated in conjunction with this application. Submit a mitigation plan for review. 3. The landscape ordinance requires a nine -foot (9') wide landscape strip around the sites entirety; currently, this site is not meeting this minimal city requirement. A variance from the City Beautiful Commission must be obtained prior to the issuance of a building permit. 4. A small amount of building landscaping will be required in conjunction with this application. 5. Curb and gutter or another approved border will be required to protect landscaped areas from vehicular traffic. 6. The landscape ordinance requires a minimum of eight percent (8%) of the paved areas be landscaped with interior islands of at least 7 Y2 feet in width and 300 square feet in area. Proposed plan does not currently reflect this minimum. 7. An automatic irrigation system to water landscaped areas will be required. 8. Prior to the issuance of a building permit, it will be necessary to provide an approved landscape plan stamped with the seal of a Registered Landscape Architect. 9. The City Beautiful Commission recommends preserving as many existing trees as feasible on this site. Credit toward fulfilling Landscape Ordinance requirements can be given when preserving trees of six (6) inch caliper or larger. Revised plat./plan: Submit four (4) copies of a revised preliminary plat/plan (to include the additional information as noted above) to staff on Wednesday, March 14, 2012. Item # 8. FILE NO.: Z-8751 NAME: Mosaic Church of Central Arkansas Long -form PCD LOCATION: Located at 6221 Colonel Glenn Road DEVELOPER: Mosaic Church of Central Arkansas 6420 Colonel Glenn Road, Suite 1 Little Rock, AR 72204 SURVEYOR: Thomas Engineering 3810 Lookout Road North Little Rock, AR 72216 AREA: 10+ acres NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF CURRENT ZONING: C-3, General Commercial District ALLOWED USES: Indoor retail PROPOSED ZONING: PCD PROPOSED USE: Fpod truck court, Church, Office, Retail — Mixed use utilizing the existing building on the site VARIANCESIWAIVERS REQUESTED: None requested. A. PROPOSAL/REQUEST/APPLICANT'S STATEMENT: The Mosaic Church of Central Arkansas is requesting a rezoning from C-3, General Commercial District PCD to detail the future development plans for the site. The Mosaic Church is proposing to purchase the old K-mart, 100,000 square feet of building and approximately 10 acres. The short term plans include the placement of a food truck court, University Market@4 Corners, the request includes the allowance of outdoor seating (tables and chairs), extend water and electricity and allow the participating trucks to remain on site overnight. FILE NO.: Z-8751 Cont. The food truck court is proposed within a defined area of the existing parking lot. The applicant has indicated there will be one to twelve (1 to 12) food truck vendors in the court at any given time. The food trucks will operate from 6:00 am to 10:00 pm daily. The plan includes providing each truck access to 110v or 220v power, water access shared by two (2) trucks and each truck a maximum of two (2) picnic tables which will remain on the site when the vehicles leave. The applicant is requesting semi -permanent signage for the Food Truck Court and vendors and allowance of temporary signage for each truck to post its own temporary sign and/or menu within the Food Truck Court area. The long term plans for the site include space for the church, a non-profit office park, an indoor children's playground, that is intended for public use, further development of the food truck court and 10,000 to 15,000 square feet of retail space. The site plan also includes the placement of a defined walking path within the existing parking lot. B. EXISTING CONDITIONS: The property is located at the intersection of Colonel Glenn Road and South University Avenue. There are a number of uses in this area including retail, office, multi -family and public institutional uses. Within the parking lot of the development are restaurants, entertainment, a medical clinic, carwash and a beauty supply store. Across Colonel Glenn to the north are two multi -family apartment developments, restaurants, retail uses and a drug store. At the northeast intersection of Colonel Glenn Road and South University Avenue is a strip center owned by UALR containing a number of retails uses. There is also a branch bank located within the parking lot. East of the site is a strip center also containing a mixture of retail uses, a former movie theater, fast food restaurants and a convenience store with fast food service. Rock Creek runs along the site's southern boundary. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has received several informational phone calls from area residents. All property owners located within 200-feet of the site, the University District, the South of Asher Neighborhood Association, the Curran Conway Neighborhood Association, the College Terrace Neighborhood Association, the Westwood Neighborhood Association and the John Barrow Neighborhood Association were notified of the request. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: 1. Discharges from food preparation and equipment in the food court must be to the sanitary sewer and not to the stormwater drainage system. FA FILE NO_: Z-8751 (Cont. 2. A grading permit in accordance with Section 29-186 (c) and (d) will be required prior to any land clearing or grading activities in the floodplain at the site. Other than residential subdivisions, site grading and drainage plans must be submitted and approved prior to the start of construction. 3. A special Grading Permit for Flood Hazard Areas will be required per Section 8-283 prior to construction in the floodplain. 4. In accordance with Section 31-176, floodway areas must be shown as floodway easements or be dedicated to the public. In addition, a 25-foot wide access easement is required adjacent to the floodway boundary. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer available to this project. If the request is to allow the trucks to remain on site over night contact the Little Rock Wastewater Utility for clarification on sewer requirements. Entergy: A 20-foot overhead easement is required along the southwestern portion of the site. Contact Entergy for additional information. Center -Point Energy: No comment received. AT & T: No comment received. Central Arkansas Water: All Central Arkansas Water requirements in effect at the time of request for water service must be met. The Little Rock Fire Department needs to evaluate this site to determine whether additional public or private fire hydrant(s) will be required. If additional fire hydrant(s) are required, they will be installed at the Developer's expense. Please submit plans for water facilities and/or fire protection system to Central Arkansas Water for review. Plan revisions may be required after additional review. Contact Central Arkansas Water regarding procedures for installation of water facilities and/or fire service. Approval of plans by the Arkansas Department of Health Engineering Division and the Little Rock Fire Department is required. Contact Central Arkansas Water regarding the size and location of the water meter. A Capital Investment Charge based on the size of meter connection(s) will apply to this project in addition to normal charges. This fee will apply to all connections including metered connections off the private fire system. 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 requires that upon installation of the RPZA, successful tests of the assembly must be completed by a Certified Assembly Tester licensed by the State of Arkansas and approved by 3 FILE NO.: Z-8751 (Cont. Central Arkansas Water. The test results must be sent to Central Arkansas Water's Cross Connection Section within ten 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: Place fire hydrants per code. Maintain a minimum access of 20-feet. Contact the Little Rock Fire Department for additional information. County Planning: No comment. CATA: The #17 — the Mabelvale Downtown, #21 — the University Avenue and #14 - the Rosedale Route bus routes all directly serve this project on University Avenue and Colonel Glenn Road. CATA recommends the development install either a bus bench or shelter on University Avenue at the existing bus stop and/or closer to the entrance off University Avenue. CATA is willing to discuss a partnership in this proposed project. Parks and Recreation: No comment received. F. ISSUES/TECHNICAL/DESIGN: Planning Division: This request is located in the Boyle Park Planning District. The Land Use Plan shows Mixed Use (MX) for this property. This category provides for a mixture of residential, office and commercial uses to occur. A Planned Zoning District is required if the use is entirely office or commercial or if the use is a mixture of the three (3). The applicant has applied for a rezoning from C-3 (General Commercial) to PCD (Planned Commercial District) to allow for activities related to a food -truck court on this site. Master Street Plan: Colonel Glenn Road and University Avenue are Principal Arterials. A Principal Arterial is to serve thorough traffic and to connect major traffic generators or activity centers within the urbanized area. Entrances and exits should be limited to minimize negative effects of traffic and pedestrians on Colonel Glenn Road and University Avenue. These streets may require dedication of right-of-way and may require street improvements for entrances and exits to the site. Bicycle Plan: A Class II Bike Lanes are shown along Colonel Glenn Road and University Avenue. Bike Lanes provide a portion of the pavement for the sole use of bicycles. Landscape: 1. Site plan must comply with the City's landscape and buffer ordinance requirements. El FILE NO.: Z-8751 (Cont. 2. There were recently numerous, mature trees cut on this property without prior approval. This area needs to be mitigated in conjunction with this application. Submit a mitigation plan for review. 3. The landscape ordinance requires a nine -foot (9') wide landscape strip around the sites entirety; currently, this site is not meeting this minimal city requirement. A variance from the City Beautiful Commission must be obtained prior to the issuance of a building permit. 4. A small amount of building landscaping will be required in conjunction with this application. 5. Curb and gutter or another approved border will be required to protect landscaped areas from vehicular traffic. 6. The landscape ordinance requires a minimum of eight percent (8%) of the paved areas be landscaped with interior islands of at least 7 '/2 feet in width and 300 square feet in area. Proposed plan does not currently reflect this minimum. 7. An automatic irrigation system to water landscaped areas will be required. 8. Prior to the issuance of a building permit, it will be necessary to provide an approved landscape plan stamped with the seal of a Registered Landscape Architect. 9. The City Beautiful Commission recommends preserving as many existing trees as feasible on this site. Credit toward fulfilling Landscape Ordinance requirements can be given when preserving trees of six (6) inch caliper or larger. G. SUBDIVISION COMMITTEE COMMENT: (March 7, 2012) The applicant was present representing the request. Staff presented an overview of the development stating there were a number of outstanding issues associated with the request. Staff questioned the long term plans for the site related to the church activities. Staff questioned if there would be a school or daycare. Staff also questioned all outdoor activities that would occur on the site. Staff questioned the days and hours of operation for the non-food truck activities. Staff questioned dumpster and trash receptacles proposed for the site. Staff also questioned if the trucks would be operational during church activities and functions. Public Works comments were addressed. Staff stated discharges from the food preparation and equipment in the food court were to be discharged into the sanitary sewer and not to the stormwater drainage system. Staff also stated floodway areas were to be located in easements or be dedicated to the public. y FILE NO.: Z-8751 (Cont. Landscaping comments were addressed. Staff stated a number of mature trees were recently removed from the site without prior approval. Staff requested the applicant provide a mitigation plan for review. Staff stated with the site redevelopment additional landscaping would be required. Staff stated a perimeter landscape strip, the addition of interior islands and building landscaping would be required with the redevelopment. Staff noted the comment from Little Rock Wastewater Utility and suggested the applicant contact Jim Boyd for additional information. There was no further discussion of the item. The Committee then forwarded the item to the full Commission for final action. K ANALYSIS: The applicant submitted a revised cover letter to staff addressing the issues raised at the March 7, 2012, Subdivision Committee meeting. The church's immediate concerns are related to the food truck court. The placement of the tables and chairs within the identified area and to be allowed to extend water and electricity to the food truck area. The request also includes variances from the typical standards the City has established for peddlers and mobile canteen units. The applicant is requesting the placement of temporary signs at the food truck location both on the site and on the truck. The applicant is requesting trailers be unhooked from the tow vehicle. The request also includes the allowance to not remove the equipment, vehicles and related materials at the end of the day. The standards also do not allow for the placement of tables, chairs or canopies. The long term plans for the site include space for the church, a non-profit office park, an indoor children's playground, that is intended for public use, further development of the food truck court and 10,000 to 15,000 square feet of retail space. The applicant has indicated the church does not plan to have a mother's day out programs, daycare or school. The applicant has indicated the current enrollment of the church is 600 members which attend one of three Sunday morning services. Future growth is proposed with a maximum number of attendees at any one service to be 1,200. The applicant has indicated during the first phase of development the maximum number of attendees at any one service would be 600. Currently the church serves 125, 300 and 175 members respectively at the three services offered. The applicant has indicated in the first phase, a small indoor playground for use by the church children on Sunday mornings and at other sanctioned gatherings throughout the week will be developed. This is not the playground the church hopes to someday develop as a service to the community. The cover letter FILE NO.: Z-8751 Cont. indicates there are no plans to develop an outdoor playground at this time. At some point in the future the church may wish to explore the possibility of adding a basketball court behind the property. The site plan indicates the placement of a walking track within the parking lot area. The track is proposed as a 3/8 mile loop, inside the property line. The tract will be highlighted with two 4" yellow painted striped lines. The purpose of the walking track is to encourage healthy living and physical fitness in the area. The church office is open Monday through Thursday from 9 am to 5 pm. Worship services are held on Sunday mornings at 9 am, 10:45 am and 12:30 pm and Sunday night from 6 pm to 9 pm. There are various meetings hosted by a variety of groups both in and otherwise somehow attached to the church throughout the week every night (5 pm to 9 pm) except for Fridays and Saturdays which host events only on special occasions such as concerts, lock -ins, wedding rehearsals, etc. Free food and clothing is distributed to residents in the 72204 zip code every Tuesday from 2 pm to 4 pm. A dumpster will be located behind the existing building between the building and the creek. Should screening be necessary the applicant will provide screening per the zoning ordinance. There will be trash receptacles placed within the parking lot next to each food truck operating in the University Market. Tables will be placed within the U-shaped area framed by the trucks and will not affect traffic or parking related to church or other functions on the property. The request is to allow trucks to remain parked on -site overnight. The applicant states only the trucks approved by Mosaic and are part of the cooperative effort will be granted the right of park overnight on the property for no more than five nights in a row. The applicant states they do not anticipate many if any of the vendors will want to park overnight on a consistent basis or is the applicant's intention to allow them to do so on an unlimited basis. The applicant has provided a signage plan. At the entrance to the property off University Avenue a landscape median divider is proposed with an externally lit directional sign, no larger than 4-feet by 20-feet. The sign will name the church as well as direct persons to the church facility. At the entrance to the property off Colonel Glenn Road the applicant has indicated one parking space will be eliminated on the northwest corner of the property in order to install a landscape median divider with an externally lit directional sign, no larger than 4-feet by 16-feet. This sign will also identify the church and direct persons to the church facility. The applicant is requesting a roof mounted sign on the building. The sign is proposed naming the church, MOSAIC Church of Central Arkansas. The size of the sign is indicated at 100'-1 Y2" by 6-0" high. The applicant has indicated the 7 FILE NO.: Z-8751 (Cont. lettering and size of letters will be similar to the lettering on top of the River Market main building. The applicant states similar to the River Market area they are trying to create an iconic development that the community will access and take pride in. The applicant states in order to do so they desire in some small way to extend the pride and feel of the Little Rock's River Market District into Little Rock's approved University District. Section 36-543(7) prohibits the placement of roof sign or signs that are not mounted on a vertical surface. The request is to allow the flexibility to place banners on light poles through out the property from time to time. The banners are proposed 2'-4" wide and 3'-6" long. The banners will be used to provide encouragement and motivation to all who drive onto the property and advertise upcoming church sanctioned events. The request also includes the placement of a banner identifying (branding) the University Market@4 Corners and define the precise area of the University Market by attaching one banner to the light pole located on the northeast corner of the property. The applicant states since visibility is blocked by a Plasma Center, Taco Bell and a China King restaurant along Colonel Glenn Road, by an expected Kum n Go convenience store on the corner of University and Colonel Glenn Road and a couple of buildings/businesses on University Avenue including a carwash, the applicant does not feel the banner will be very visible from the street. Nevertheless, the applicant desires the banner to be approximately 4' wide and 12'-18" in length. The banner will run vertical along one side of the light pole. The applicant has stated they do not desire to provide easements for the property located within the floodway. Staff feels the easement can be provided. Staff recommends a floodway easement from the property line up to the back of the building be provided. Staff also recommends a 25-foot floodway maintenance easement be provided along the floodway line on the west side of the existing building and on the southeast side of the building. All portions of the property that are in the floodway outside the building should be provided as a floodway easement. The applicant has indicated the trees recently removed are not located on their property but appear to be on the neighboring property. The site plan indicates paving to the property line on the southwest side of the building. There is very little area of the rear portion of the property that is not paved. The building phasing plan indicates Phase I will contain 28,000 square feet and be used for worship, administrative offices, restrooms, kitchen and an indoor play area. Phase II contains 16,000 square feet and is proposed developed with the children's ministries or as worship space depending on the needs of the church. Phase III includes 35,000 square feet and is proposed as youth activities including an indoor play area and lease space for the incubator business venture. Phase IV includes 13,500 square feet and is proposed as lease space until E:3 FILE NO.: Z-8751 (Cont. church growth demands the area back for church activities. The Chapel Phase contains 2,600 square feet and is proposed with 200 seats. This activity can be part of a phase or developed at any time. The plan also includes a sports court to be developed at any time. The parking is proposed in Lot 1, which is new parking, will contain 43 parking spaces. Within the existing parking lot spaces will be removed to provide landscaping and new spaces will be added in front of the building. This area will contain 486 parking spaces. Other parking indicated in the general notes on the site plan include 39 spaces which are located off -site but shared. An architectural feature is indicated at the northeast corner of the building. The applicant has not provided the overall height of this feature but the feature will not exceed 70-feet in height as allowed per the zoning ordinance. The University District Revitalization Plan, July 2007, identifies this area as a community retail center. Within the visioning framework diagram this area was identified to redevelop as attractive and convenient neighborhood retail, international shops, restaurant and cafes. The revitalization framework called for developments which articulate existing patterns for land uses, urban design character, as well as development criteria that would shape and improve the University District's open space and circulation into an intergraded system of parks, trails, greenways, streetscapes and natural resources. The principles of the University District were created to produce neighborhoods, mixed -use commercial areas and activity centers of aesthetic variety, character and a distinct sense of place. Staff is generally supportive of the applicant's plans and feels the redevelopment of the site is in keeping with the University District's Overall redevelopment plan. Staff feels the addition of the church and the retail activities associated with the church will create the sense of place the University District desires. Staff does however have concerns with leaving the trucks on the site overnight and for extended periods of time. Staff recommends the applicant continue to work with them concerning this issue and how the overnight stays will be coordinated. i. STAFF RECOMMENDATION: Staff recommends approval of the request subject to compliance with the comments and conditions as outlined in paragraphs D, E and F of the agenda staff report. Staff recommends the applicant provide a 25-foot floodway easement behind the building and along the southeastern and southwestern perimeters of the building. Staff recommends the applicant continue to work with them concerning the allowance of the vehicles to remain on the site overnight and for an extended period of time. FILE NO.: Z-8751 (Cont. Section 36-543(7) prohibits the placement of roof sign or signs that are not mounted on a vertical surface. PLANNING COMMISSION ACTION: (MARCH 29, 2012) The applicant was present. There were no registered objectors present. Staff presented the item with a recommendation of support but with concerns. Staff noted their concerns related leaving the food trucks on site overnight for extended periods of time, the placement of a roof mounted sign and the applicant's desire to not grant a floodway easement for the site. Mark DeYmaz addressed the Commission stating the primary concern of the church was to allow the placement of table and chairs to serve the food truck court. He stated with staff's suggestion the additional items such as the long term plans for the church came into play. He stated the development was proposed in phases with the initial phase being the food truck court. He stated the church was working with City staff and the police department to ensure security at the site. He stated the church was highly involved with the University District and their plans for redevelopment of the area. Working with the Commission Mark DeYmaz addressed staffs concerns. The Commission questioned if the church was willing to provide the floodway easement as requested by staff. Mr. DeYmaz stated he was not aware of what this involved. Staff stated the easement was simply a protection to ensure nothing would be built in that area. Staff stated the easement was to allow access to the creek should the City need to get into an area for clearing and/or dredging. Mr. DeYmaz stated he was willing to give this easement to the City. He stated the church would not be expanding the footprint or building within this area and the dedication of the easement should not be an issue. The Commission questioned the allowance of the food trucks to remain on site overnight and for an extended period of time. Mr. DeYmaz stated this was a service to the vendors. He stated this would not be the norm but with gas prices and some vendors having more than one vehicle the ability to leave the vehicle overnight would help the vendors. He stated the Church would regulate the time spent by each vendor. He stated there would be a limit of five days and the truck was to be moved. During a lengthy discussion Mr. DeYmaz removed from his request the allowance of the trucks remaining on site over night and for an extended period of time. There was a general discussion concerning the request for the roof sign. Staff stated the Commission did not have the authority to approve the roof sign but the Board of Directors could waive the ordinance to allow the placement of the sign as a roof mounted sign. The Commission questioned why roof signage was not allowed. Staff stated they were not sure but the ordinance specifically prohibited several sign types and the placement of roof mounted signage was one of the prohibited signs. Staff requested the Commission take a separate vote on the sign issue. Staff stated the vote would be presented to the Board of Directors as a recommendation on the issue. 10 FILE NO.: Z-8751 (Cont Ms. Ruth Bell, League of Women Voters addressed the Commission in opposition of the sign request. She stated the River Market signage was directed to 1-30 and the Main Street Bridge for folks coming into the area and directing patrons to the River Market area. She stated this site was not the same as the River Market area. She stated around this area were residential homes, the University campus and the First Tee Golf Academy. Mr. DeYmaz stated the roof sign was not a deal killer. He stated in conversations with his architects they felt they could get the signage on the building and comply with the City regulations. The Commission questioned if he was removing the roof signage from his application request. Mr. DeYmaz stated he was removing the roof mounted sign from his request. The Commission summed up the items which had been discussed and agreed to by the applicant as amendments to the application request. The Commission questioned Mr. DeYmaz if he was willing to provide the floodway easement along the southern and western perimeters of the building as requested by staff, if he was amending his application to remove from the PCD request the allowance of overnight parking for the food truck vendors and he was eliminating the roof sign. Mr. DeYmaz stated all this was correct. A motion was made to approve the amended request as noted above. The motion carried by a vote of 9 ayes, 1 no and 1 absent. 11