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HomeMy WebLinkAboutZ-4985-D Staff AnalysisMay 27, 1999 ITEM NO.: 20.1 FILE NO: Z -4985-A NAME: Gospel Temple Baptist Church - Conditional Use Permit LOCATION: Northeast corner of Battery Street and Roosevelt Road OWNER/APPLICANT: Emma Jean Rodgers/Ron Woods PROPOSAL: To obtain a conditional use permit to construct a new church with accompanying parking at the northeast corner of Battery Street and Roosevelt Road on property which will be zoned R-4, Two Family Residential, if item 20 is approved. ORDINANCE DESIGN STANDARDS: 1. SITE LOCATION: The site is located at the northeast corner of Battery Street and Roosevelt Road. 2. COMPATIBILITY WITH NEIGHBORHOOD: This site is located on property which is surrounded by R-4 two-family residential zoning. Currently this site is zoned Planned Office Development (POD). Item 20 of this agenda is a request to revoke that POD and allow the property to revert to its previous zoning, R-4, Two Family Residential. Across Battery to the west is James Mitchell school. Immediately adjacent to the north is a duplex. To the no is an unoccupied two story structure for which the current POD was created. Across Wolf and Roosevelt are one and two story, one and two family houses. The applicant intends to purchase lots 4-8 and to lease lots 9 and part of 10 for parking. Staff believes this is an appropriate use of this site and that it would be compatible with the neighborhood. The South Little Rock Community, Southend, Downtown, Southend Neighborhood Development, and Wright Avenue Neighborhood Associations were notified of the public hearing. May 27, 1999 SUBDIVISION ITEM NO.: 20.1 (Cont.) 3. ON SITE DRIVES AND PARKING: 4. 5. FILE NO.: Z -4985-A The site would be served by a two-way driveway from Wolf Street and a one-way out driveway from Battery. The specified seating capacity in the proposal is 243. That would generate a parking requirement of 60 spaces. The site plan shows 39 spaces on site and 28 spaces on the leased lots which would be considered off site. Therefore, 36% of the required parking would be off site compared to 25% that the ordinance allows. A variance would be required to permit that off site parking. SCREENING AND BUFFERS: a. A portion of the proposed land use buffer along the northern perimeter is below the minimum requirement of six feet. b. Those areas within the vehicular use area shown as open space must be used for interior landscaping to meet Landscape Ordinance requirements. PUBLIC WORKS COMMENTS: a. Roosevelt Road is listed on the Master Street Plan as a principal arterial; dedication of right-of-way to 35 feet from centerline will be required. b. A 20 feet radial dedication of right-of-way is required at the corners of Roosevelt and Battery and Roosevelt and Wolfe Street, at the time of building permit application. c. At the time of building permit application, property frontage needs to have the sidewalks and ramps brought up to the current ADA standards. d. At the time of building permit application, repair or replace any curb and gutter or sidewalk that is damaged in the public right-of-way prior to occupancy. e. Improve corner curb radius 31.5 feet radius with construction (existing corner radius is 10 feet), on both Battery and Wolfe intersection with Roosevelt. f. Plans of all work in right-of-way shall be submitted for approval prior to start of work. g. Stormwater detention ordinance applies to this property. K May 27, 1999 SUBDIVISION ITEM NO.: 20.1 (Cont.) 6. UTILITY AND FIRE DEPT. COMMENTS: Water: No objection. FILE NO.: Z -4985-A Wastewater: Sewer available on north side of property. Contact Little Rock Wastewater for details. Southwestern Bell: Approved as submitted. ARKLA: Approved as submitted. Entergy: No comments received. Fire Department: Approved as submitted. CATA: CATA Routes #14 & 11 serve this site; approved as submitted. 7. STAFF ANALYSIS: The applicant is requesting a conditional use permit to use this R-4 zoned property for a church with accompanying parking. Part of the parking area would be on leased property which would make it off site parking. Currently this entire site is vacant and is surrounded by R-4 Two Family Residential zoned properties. There is an elementary school across Battery Street to the west. Required setbacks are 25 feet front and rear, and 5 feet on each side. Staff considers Battery as being the front since the lots face that direction. Since the applicant is leasing, not purchasing, lots 9 & part of 10 for parking, the required rear setback from the church structure to the property line at lot 9 is not met. A variance would be required to allow for the rear setback to be reduced to 20 feet. Parking requirements are for 60 spaces and 67 are provided with the adjacent leased lots. However, since 36% of the spaces are on the leased lots, and therefore, considered off site, a variance would be necessary to exceed the allowed 25% off site parking. Adequate access and on site flow is provided in the proposal except at the point of entry from Wolfe. The site plan will need to be modified to limit the flow into the entry driveway from the north parking area. The preferred way to do that would be with 3 May 27, 1999 SUBDIVISION ITEM NO.: 20.1 (Cont.) FILE NO.: Z -4985-A the same kind of construction as is on the south side of this driveway. There is a desire by some residents in the neighborhood to increase the residential use of property in this area. However, Roosevelt is a busy road and probably would not be attractive for residential use. Staff believes a church is a reasonable use of this site and that it is compatible with the neighborhood as long as all buffers and screening are put in place. The applicant has requested waivers to corner radial dedication and corner street improvements. This remains an open issue. 8. STAFF RECOMMENDATION: Staff recommends approval of the conditional use permit subject to compliance with the following conditions: a. Comply with the City's Landscape & Buffer ordinances. b. Comply with Public Works Comments. C. If any exterior lighting is installed, it must be directed downward and inward to the property and not directed toward any residential area. Staff also recommends approval of the variances for a reduced rear setback to 20 feet and the increase to 36% for off site parking as long as a written lease agreement is provided prior to obtaining a building permit that allows the church to use the parking on the leased lots for at least 10 years. Recommendation has not been made at the time of this writing regarding variances for corner radial dedications nor corner improvements since that request just came in the day this was written. SUBDIVISION COMMITTEE COMMENTS: (May 6, 1999) A representative from Architecture Innovations Group was present representing the application. Staff gave a brief description of the proposal. 4 May 27, 1999 SUBDIVISION ITEM NO.: 20.1 (Cont.) FILE NO.: Z -4985-A Public Works reviewed their comments. Parking was reviewed to explain why the variance was needed. There being no further issues, the Committee accepted the proposal and forwarded the item on to the full Commission for final resolution. PLANNING COMMISSION ACTION: (May 27, 1999) Ron Woods was present representing the application. There were no registered objectors present. Staff presented the item with a recommendation for approval subject to compliance with the conditions listed under "Staff Recommendation." Public Works (represented by David Scherer) reviewed the open issues regarding right-of-way dedication, improved corner radii, and building a sidewalk along Roosevelt Road meeting ADA standards. The requirements include dedication of five feet of additional right-of-way along Roosevelt to bring it to 35 feet, 20 feet radial right-of-way at the two corners with Roosevelt, and constructing a 30 foot corner radius on both corners with Roosevelt. Mr. Scherer stated that Public Works would grant a franchise so the existing retaining wall along Roosevelt could remain as is. Mr. Woods stated that the applicant wished waivers to items 'b' and 'e' under Public Works comments. He passed out to the Commissioners copies of pictures, a partial site plan sketch showing the features at the corners that would be impacted, and a cost impact summary. The main concern to the church was the cost impact of the corner work involved. The church has a very limited budget and had to relocate from the current location because of airport expansion. Because of an existing drop inlet and fire hydrant, the cost is high for the corner changes. Commissioner Berry opened, and Commissioner Faust joined into, a discussion for a compromise to the requirements in order to meet minimum needs and reduce costs to the church where possible. This resulted in Public Works agreeing to support a waiver to not improve the corner at Wolfe and Roosevelt. Improvements at Battery and Roosevelt would still be required. In summary, the resulting compromise was that Mr. Woods agreed to the requirements for dedication of right-of-way, to obtain a franchise to keep the retaining wall in place, and to go forward 5 May 27, 1999 SUBDIVISION ITEM NO.: 20.1 (Cont.) FILE NO.: Z -4985-A with the waiver request to not change the corner radius at Wolf and Roosevelt, but the church would change the radius at Battery and Roosevelt to meet Public Works' request. A motion was made to approve the application as applied for with the conditions stated by staff and with a recommendation for approval of the waiver request to not change the radius at the corner of Wolfe and Roosevelt. The motion passed by a vote of 7 ayes, 0 nays, and 4 absent. 6