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HomeMy WebLinkAboutZ-5874-A Staff AnalysisJune 27, 195 ITEM NO.: D FILE NO.: Z -5874-A NAME: Global Interdominational Revival Center - Conditional Use Permit LOCATION: 1608 South Rock Street OWNER/APPLICANT: Rev. Bobby Marshall PROPOSAL: A conditional use permit has been requested allowing for the use of this R-2 zoned, two-story residential structure as a church. STAFF COMMENT The applicant has failed to provide staff with any information regarding the use proposed for the property at 1608 S. Rock Street. Without this pertinent information, staff was unable to properly review the application. Staff recommends that the item be deferred to the April 4, 1995 Planning Commission meeting and that the applicant be directed to provide the required supporting documentation to staff no later than the February 27, 1995 filing date. PLANNING COMMISSION ACTION: (FEBRUARY 21, 1995) The applicant was not present. There were no objectors present. Staff informed the Commission that the applicant had failed to provide any information regarding the use proposed for the property. Also, no proof of notification to the property owners within 200 feet had been submitted. The item was placed on the Consent Agenda and approved for deferral to the April 4, 1995 Commission meeting. In its vote, the Planning Commission also directed the applicant to provide the required supporting documentation to staff no later than the February 27, 1995 filing date. The vote was 9 ayes, 0 noes and 2 absent. SUBDIVISION COMMITTEE COMMENT: (MARCH 16, 1995) The applicant was not present. Staff informed the Committee that the applicant had not provided any of the required supporting documentation. After a brief discussion, the Committee forwarded the item to the full Commission with a recommendation that the item be withdrawn. June 27, 1995 S]2BD1VXS1QN ITEM NO.: D Cont.] FILE NO.: Z -5874 - PLANNING COMMISSION ACTIO : (APRIL 4, 1995) The applicant, Rev. Bobby Marshall, was present. There were no objectors present. Staff informed the Commission that the applicant had provided the required information, but it was too late for the information to be reviewed and considered in this agenda. As such, the applicant requested a second deferral, this time to the May 16, 1995 Commission meeting. The item was placed on the Consent Agenda and approved for deferral to the May 16, 1995 Commission agenda to allow for staff review. The vote was 9 ayes, 0 noes, 1 absent and 1 abstaining (Willis). ORDINANCE DESIGN STANDARDS: 1. Site Location: 1608 S. Rock Street is located on the west side of Rock Street, between East 16th and East 17th Streets. 2. Compatibility with Neighborhood: This property is located in the heart of an older, established residential neighborhood comprised primary of single family homes with a scattering of duplex residences and some larger homes which have been converted to multifamily. Although the surrounding uses are primarily residential in nature, there are several non-residential uses within the immediate vicinity including other churches and a large nursing home. If the proposed use were more of a traditionally defined small church, with worship meetings two days a week and some minor level of other associated activities, it would be more compatible with the neighborhood. However, in addition to the "traditional" biweekly worship times, this church will provide a wide range of community and social programs which conceivably could involve activities at the site from 8:00 a.m. to 8:00 - 9:00 p.m., seven days a week. Staff feels that a use generating this level of activity within what is basically a residential structure is not compatible with the neighborhood. 3. on -Site Drives and Parkins: The applicant has indicated that a congregation currently numbering approximately 14 persons meets for worship at the site. Based on a parking requirement of 1 on-site parking space for each 4 persons, 3 on-site parking spaces are 2 June 27, 1,995 BDIVY I ITEM NO.: D Cont. FILE NO.: z -5874--A required. The upper floor of this two story structure will be utilized by the applicant as his dwelling, requiring 1 on-site parking space. The site currently has no on-site parking and none is proposed. 4, Screening and Buffers: Based on the fact that no outside activities such as a playground or parking lot are proposed, there is no screening or buffering required. $. City En ineer's Comments: a. If access is taken from the alley to any parking proposed on the site, improve the alley. b. Repair broken sidewalk and curb C. Traffic Engineering recommends denial due to lack of on-site parking. 6. utility Comments: No comments from the utility companies 7. Staff Analysis : The applicant requests a Conditional Use Permit to allow the use of the existing, R-4 zoned residential structure located at 1608 S. Rock Street as a church and dwelling. The second floor of the two-story structure will be utilized by the applicant as his dwelling. The first floor of the structure is proposed to be used by the Global Interdenominational Revival Center as a place of worship and to provide various community and social services. The applicant has submitted the following calendar of activities which would take place at the site. 3 June 27, 1995 sDIVI I ITRM NO.: D (Cont.) FILE NO.: Z -5874-A SUNDAY 9:30 a.m. - 12:00 p.m. MORNING WORSHIP 6:00 p.m. - 8:00 p.m. EVENING WORSHIP MONDAY 6:00 p.m. - 7:00 P.M. SPIRITUAL AWARENESS BIBLE STUDY TUESDAY 6:00 p.m. - 8:00 p.m. PARENTING SESSIONS WEDNESDAY 6:00 p.m. - 7:30 p.m. PRAYER/BIBLE STUDY 7:30 p.m. - 8:00 p.m. TRUSTEE MEETING THURSDAY 5:30 p.m. - 7:30 p.m. FOOD PANTRY COMMUNITY SPEAKERS FRIDAY 5:00 p.m. - 6:30 p.m. COMMUNITY YOUTH OUTREACH SATURDAY 5:30 p.m. - 9:00 p.m. VETERANS CRISIS WORKSHOP In addition to the above activities, the church will provide counseling services daily from 8:00 a.m. to 6:00 p.m. The applicant has also stated that he will utilize one bedroom of his dwelling to provide temporary shelter to individuals in need of a place to stay. The applicant states his goal is to provide these needed services to persons living in the immediate community surrounding the church. The counseling and intervention programs are aimed at an increasingly volatile younger population which is turning more and more to gang activity. The parenting sessions are designed to provide counseling and training for parents and expectant parents. The church will also distribute to the community food stuffs which it has received through donations from various businesses and individuals. While it is undeniable that there is a need for all of these activities, staff questions the appropriateness of utilizing this residence in such a manner. The site is located in the heart of what is primarily a single family residential neighborhoods. There has been substantial private and public effort made to revitalize properties within close proximity of this site. The applicant proposes to utilize the property basically "as is" without providing any site improvements such as on-site parking which are typically associated with such a use. Finally, based on the applicant's schedule of proposed activities, it is conceivable that there could be activities at this site from 8:00 a.m. - 8:00 p.m., seven days a week. This level of proposed activity is not compatible with the neighborhood. As such, staff cannot support this application. 4 .Tune 27, 1995 BDIVr ION ITEM NO.: D (Cont.) FILE NO.: Z -5874-A 8. ataff Recommendation: Staff recommends denial of this application as being too intensive a use and incompatible with this residential neighborhood. SUBDIVISION COMMITTEE COMMENT: (APRIL 27, 1995) The applicant, Rev. Bobby Marshall, was present. Staff presented the item and the schedule of activities proposed by the applicant. The City Engineer's Comments were noted. Rev. Marshall briefly discussed the proposed use and the importance of providing the proposed services to the community. It was noted that the church would primarily serve residents of the neighborhood who are within walking distance of the site, thus lessening the impact of no on-site parking being provided. Rev. Marshall was asked to provide more information on his proposal to utilize one bedroom of the home to provide temporary lodging to persons in need. The Committee then forwarded the item to the full Commission for final resolution. PLANNING COMMISSION ACTION: (MAY 16, 1995) The applicant, Rev. Bobby Marshall, was present. There was one objector present. One letter of opposition had been presented to the Commission. Staff presented the item and a recommendation of denial. Rev. Marshall addressed the Commission in support of his application. He stated that it would be a mistake to miss an opportunity to help this distressed neighborhood. Rev. Marshall continued by stating that his programs provide needed opportunities for the residents of the community. He closed by stating that the City had ignored the neighborhood and allowed it to deteriorate. Commissioner Willis asked Rev. Marshall if he had considered reducing the level of activity at the site so that there would not be activity 7 days a week. Rev. Marshall stated that he would be willing to amend his application, as long as he is able to maintain a presence in the neighborhood. Chairman Walker stated that the Planning Commission's struggle is that a particular location may not be appropriate for a proposed 5 June 27, 1995 HDIV1 z ITEM NO.: D (Cont.} FILE NO.: -7- 874-A use although the need for the services offered by that use may be great. Rev. Marshall stated that Global (Global Interdenominational Revival Center) had no plans to "homestead" at 1608 Rock. He stated that an alternative location may soon be available. He then invited Commission members to come to the site and view his operation. In response to a question from Commissioner Woods, Rev. Marshall stated that the new location, on McAlmont Street near the Rockefeller School, would be available in approximately 4 months. In response to a question from Commissioner Chachere, Jim Lawson, Director of the Department of Neighborhoods and Planning, stated that there were many zoning districts which allow churches, although a conditional use permit may be required in some districts. Mr. Floyd Marshall addressed the Commission in support of the application. He asked the Commission to identify ways to reduce activities which would allow Global to remain where it is. Rev. Marshall reiterated that Global would be moving. He stated "that is the bottom line." Rev. Marshall continued by stating that he recognized the historical value of the neighborhood and that he was working to beautify the area. Commissioner Chachere asked Rev. Marshall if he would amend his application to ask for approval, with a time limit. Floyd Marshall stated that the proposed new location might also require a conditional use permit and that a time limit should allow adequate time to go through the process at the new site. Commissioner Ball asked Mr. Lawson if staff would recommend approval of an amended application which included a time limit and a reduction in the level of activity. Mr. Lawson responded that there were too many unknown issues to speculate on such a proposal. Mr. Lawson stated that staff would be glad to meet with Rev. Marshall to consider an amended application. Commissioner Chachere asked if there had been any code enforcement activity at 1608 Rock Street. Kenny Scott, of the City's Code Enforcement Staff, responded that there had not been any enforcement at that location. Commissioner Chachere questioned staff's interpretation that the proposed use is too intensive for the site. Mr. Floyd Marshall stated that Global had helped the community and asked what the citizens of the City wanted. 6 June 27, 1995 BDIVI T ITEM NO.: D (Cont.) FILE NO.: ti -5874-A In response to a question from Commissioner Rahman, Rev. Marshall stated that Global's social activities included G.E.D. educational programs and classes and a community food distribution program. He stated that as many as 400-500 boxes of food are distributed at a time. Chairman Walker stated that it had been suggested that a one year period be approved. He asked Rev. Marshall if he would be inclined to amend his application to reflect a one year approval. Rev. Marshall responded that he wished to modify his application to a one year approval. Rita Spillenger, of 1609 Cumberland, addressed the Commission in opposition to the item. She stated that she was uncomfortable opposing such a program in theory, but questioned why Rev. Marshall did not seek a more appropriate location. Ms. Spillenger stated that those people who were opposed to this application were not necessarily opposed to the goals of the program. She stated that she was suspicious of a temporary approval. Ms. Spillenger stated that there was currently a tremendous amount of activity at the site. In response to a question from Commissioner Chachere, Ms. Spillenger stated that Global should locate to a site that is properly zoned. She stated that she had made complaints to the Code Enforcement staff but was told that any enforcement would be suspended until the Planning Commission acted on the application. Ms. Spillenger stated that she believed the neighborhood to be no safer for Rev. Marshall's presence. In response to a statement from Commissioner Putnam, Ms. Spillenger stated that activities have taken place at 1608 Rock for the past 2 1/2-3 years. Jim Lawson stated that the applicant had not yet proposed any reduction in the level of activity at the site, only a one year time limit. Commissioner Adcock stated that she agreed with staff's recommendation. She stated that the item had been deferred and modified numerous times and that activities had been taking place on the site the entire time, without proper approval. Commissioner Rahman stated that he agreed with Commissioner Adcock. Commissioner Daniels noted that the applicant had proposed to relocate in 4 months and that no application had been filed for the new location. He questioned if the applicant was going to wait and then drag the process out at the new site. 7 June 27, 1995 ' BDIVI I ITEM NO.: D (Cont.) FILE NO.: Z -5874-A After a further discussion, Jim Lawson urged the Commission to vote on the item. Commissioner Willis noted that it was time for the applicant to amend his application. He then briefly discussed with the applicant eliminating some of the activities at the site. Commissioner Chachere also urged a reduction in the level of activity at the site. Commissioner Woods stated that, in a good faith effort, the applicant should get the process started to gain approval to use the proposed new site. Chairman Walker stated that a condition will be added that an application be filed for the new site within 30 days of the Commission's action on 1608 Rock Street. Commissioner Woods stated that he wanted the condition added that any approval be only for one year and that the property revert to residential at that point, regardless of the outcome of the application which is to be filed for the new site. Commissioner Willis noted that there had not yet been any proposal submitted to reduce activities at 1608 Rock Street. In response to a question from Commissioner Adcock, Jim Lawson stated that it would be very difficult to enforce an hours of operation limitation for this proposed use. A motion was then made to defer the item to the June 27, 1995 Commission meeting to allow the applicant an opportunity to further refine and amend his application. The vote on the motion to defer was 10 ayes, 0 noes, 0 absent and 1 abstaining (Daniels). SUBDIVISION COMMITTEE COMMENT: (JUNE 8, 1995) The applicant was not present. Staff presented the item and informed the Committee that the applicant had amended the conditional use permit application to request approval for a period of one year only. The schedule of activities had also been amended and is now as follows: 8 June 27, 1995 gUBDIVISIO ITEM D 11 FILE NO Z- 1274-A SUNDAY NO ACTIVITIES MONDAY 6:00 p.m. - 7:00 P.M. TUESDAY 8:00 a.m. - 4:00 p.m. WEDNESDAY 6:00 P.M. - 71:30 p.m. 7:30 p.m. - 8:00 p.m. THURSDAY 5:30 p.m. - 7:30 p.m. FRIDAY 5:00 P.M. - 6:30 P.M. SATURDAY 4:00 P.M. - 6:00 P.M. SPIRITUAL AWARENESS BIBLE STUDY PARENTING SESSIONS PRAYER/BIBLE STUDY TRUSTEE MEETING FOOD PANTRY COMMUNITY SPEAKERS VA VISITATION HOMELESS VETS COMMUNITY YOUTH OUTREACH VETERANS CRISIS WORKSHOP In addition to the above activities, the church will still provide counseling services daily from 8:00 a.m. to 4:00 p.m. After reviewing the schedule of activities, the committee forwarded the item to the full Commission. PLANNING COMMISSION ACTION: (JUNE 27, 1995) The applicant, Rev. Bobby Marshall, was present. There were no objectors present. One letter of opposition had been received and forwarded to the Commission. Staff presented the item and noted the revisions to the proposed schedule of activities and _ the fact that the applicant was requesting a one year approval - only. Dana Carney, of the Planning Staff, stated that staff had reviewed the proposed schedule and still felt that this was an inappropriate use for this site. As such, staff's recommendation was still denial of the application. Rev. Marshall addressed the Commission in support of his application. He stated that the amended application and revised schedule of activities were a response to concerns raised by the Commission at its May 16, 1995 meeting. Commissioner Rahman questioned activities currently taking place at the site and noted the letter received from Joan Gould alleging ongoing violations on the property. Floyd Marshall responded that there were some activities on the site provided for area children. After a brief heated discussion, Commissioner Putnam asked staff if the site was currently in compliance. June 27, 1995 IIBDIVT I ITEM NO.: D on FILE NO.: Z- 874-A Jim Lawson, Director of the Department of Neighborhoods and Planning, responded that there were activities occurring on the site without an approved conditional use permit. He noted that Rev. Marshall had eliminated Sunday activities in the revised schedule and questioned whether such a move was appropriate for a church. Deputy City Attorney Stephen Giles noted the Development standards and review guidelines established in the Ordinance which are to be used in determining the appropriateness of a proposed conditional use permit. He stated that the Commission must find that the proposed land use is compatible with and will not adversely effect other property in the area where it is proposed to be located. The question was called and a vote was taken on the amended application, including the revised schedule of activities and the one year limitation. The vote was 6 ayes, 2 noes, 2 absent and 1 abstaining (Putnam). 10