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HomeMy WebLinkAboutZ-4204-A Staff AnalysisJune 30, 2011 ITEM NO.: 5 FILE NO.: Z -4204-A NAME: Church of Jesus Christ of Latter -Day Saints — Revised Conditional Use Permit LOCATION: 13901 Quail Run Drive OWNER/APPLICANT: Corporation of the Presiding Bishop of the Church of Jesus Christ of Latter -Day Saints/ Gaskin Hill Norcross Architects PROPOSAL: A conditional use permit is requested to allow for expansion of this existing church site and construction of a picnic shelter. The property is zoned R-2. 1. SITE LOCATION: The site is located on the south side of Quail Run Drive, one tract west of Otter Creek Parkway, 2. COMPATIBILITY WITH NEIGHBORHOOD: The site is located within an area of mixed zoning and uses located at the entrance to the Otter Creek Neighborhood. A church is located across Quail Run to the north. A senior adult apartment development is adjacent to the east. A large apartment complex is adjacent to the south. A wooded green -space is adjacent to the west and single-family homes extend farther west from that point. Other uses in the general area include more apartments, condominiums, offices, mini -warehouses and small shopping centers. The proposed picnic shelter will not affect the church's continued compatibility with the neighborhood. Notice was sent to 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 and Otter Creek Neighborhood Association. At their June 6, 2011 meeting, SWLR United for Progress voted to support the application. 3. ON SITE DRIVES AND PARKING.- Access ARKING: Access to the site is via two driveways off of Quail Run Drive. The site contains paved parking for approximately, 221 vehicles. The proposed picnic shelter does not affect the parking requirement for the church. One parking space may be lost to provide area for a handicap accessible ramp to the picnic shelter area. Otherwise, no changes will be made to the parking lot and driveways. June 30, 2011 ITEM NO.: 5 (Cont. 4. SCREENING AND BUFFE FILE NO.: Z -4204-A Site plan must comply with the City's landscape and buffer ordinance requirements. The zoning buffer ordinance requires a twenty-four (24) foot wide land use buffer along the western perimeter of the site next to the residentially zoned property. Seventy percent (70%) of this area is to remain undisturbed. It appears that grading is being proposed within this area. Additional evergreen trees maybe required helping screen the new building from the housing next door. In addition to this minimal landscape area, screening is required to be a six (6) foot high opaque screen, either a wooden fence with its face side directed outward, a wall, or dense evergreen plantings next to the residentially developed area. The City Beautiful Commission recommends preserving as many existing trees as feasible on this tree -covered site. Credit toward fulfilling Landscape Ordinance requirements can be given when properly preserving trees of six (6) inch caliper or larger. 5. PUBLIC WORKS COMMENTS: No Comments. 6. UTILITY. FIRE DEPT. AND CATA COMMENTS.- Wastewater: OMMENTS: Wastewater: Sewer available to this project. Entergy: No comments received. 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. l• June 30, 2011 ITEM NO.: 5 FILE NO.: Z -4204-A 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 not located on a CATA bus route. SUBDIVISION COMMITTEE COMMENT: (JUNE 9, 2011) Paul Melgren, of Gaskin Hill Norcross Architects, was present representing the application. Staff asked the applicant to label on the site plan all trees to be removed or preserved. The applicant was asked to indicate any new fencing and to provide a signage plan for any new signage. Staff asked if there would be any evening or nighttime use of the structure and if there would be any use of amplified music or voice amplification associated with use of the structure. Staff informed the applicant that a neighbor had called and expressed concern that the picnic shelter would turn into a "hangout" that would create problems for the neighbors. The applicant was asked to provide a response. Landscape comments were noted. The applicant was advised to provide responses to staff issues no later than Wednesday, June 15, 2011. The Committee determined there were no other issues and forwarded the item to the full Commission. STAFF ANALYSIS: The Church of Jesus Christ of Latter -Day Saints occupies the R-2 zoned property located at 13901 Quail Run Drive, in the Otter Creek Community. The church site contains a single building; paved parking lots and lawn areas. The Planning Commission approved the original conditional use permit for the church in 1984. 3 June 30, 2011 ITEM NO.: 5 (Cont.) FILE NO.: Z -4204-A The church is now requesting a revision to the original C.U.P. to allow for construction of an open picnic shelter. The 30 ft. X 60 ft. open picnic shelter is to be located in a lawn area on the east side of the church. The structure will have a height of 14± feet to the ridge. A total of seven (7) trees will be removed to accommodate the picnic structure. The 24 -foot wide zoning buffer on the east perimeter will be maintained. The proposed grading in the buffer area is minimal work on the existing earthen berm to divert site water away from adjacent properties. Over 70% of this area will remain undisturbed. The existing stand of trees between the picnic shelter and the east property line will remain. All other trees in the lawn area on the east perimeter of the site will remain. There is an existing 6 -foot wood privacy fence along the east property line. There will be occasional evening or nighttime use of the structure. It is anticipated primary use of the structure will be daytime. Occasional amplified music or voice amplification may be used. This is anticipated to be the exception rather than the rule and will be kept to a minimum. In all cases sensitivity to the neighbors will be a consideration. No built in PA system will be installed. No new signage is proposed. To staff's knowledge, there are no outstanding issues. The issue is being returned to the Planning Commission, not so much because of the picnic shelter, but because the church site expanded subsequent to the original 1984 approval. After the C.U.P. was approved, the church acquired a sliver of property that was located between the original church site and the senior adult residences adjacent to the east. The picnic shelter is to be located on that portion of the church site that was not included in the original 1984 approval. There is no bill of assurance for this acreage tract. Due to the proximity of residences to the east, the use of any sound amplification must be done in a sensitive manner. Any speakers should be aimed away from the residences and sound levels kept such that they do not disturb the neighbors. A concern was voiced by a neighbor that the picnic shelter could create a loitering problem. The church has responded that the issue will be monitored and, if a problem arises, the church will take appropriate action to prevent such occurrences. STAFF RECOMMENDATION: Staff recommends approval of the conditional use permit subject to compliance with the following conditions: Compliance with the comments and conditions outlined in Sections 4, 5 and 6 of the agenda staff report. M June 30, 2011 ITEM NO.: 5 (Cont.) FILE NO.: Z -4204-A 2. The use of any sound amplification associated with the picnic shelter is to be done in a manner that is sensitive to abutting residences. Any speakers should be aimed away from the residences and sound levels kept such that they do not disturb the neighbors. 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. R