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HomeMy WebLinkAboutZ-5966-A Staff AnalysisApril 30, 1998 ITEM NO.: 27 NAME: LOCATION• OWNER/APPLICANT: PROPOSAL: ORDINANCE DESIGN STANDARDS: 1. Site Location: FILE NO.: Z -5966-A Barrow Road Church of Christ - Conditional Use Permit 8804 Byron Drive Barrow Road Church of Christ/ Rick Barger A conditional use permit is requested to use a single family residence adjacent to church property as a church office. The property is zoned R-2. The house is located on the second lot west of Barrow Road on the north side of Byron Drive. 2. compatibility with Neighborhood: This property is located in a small residential single family R-2 zoned area surrounded by commercial and office use. Immediately north is the applicant, Barrow Road Church of Christ. North of the church is C-3 zoning and west across Barrow Road is C-3 zoned property. The properties to the northwest, west and southwest of this residential area are zoned 0-3. Southeast of the residential area is zoned C-3. The staff feels there would be a negative impact in allowing a nonresidential use to intrude into this small residential area. The John Barrow and Brownwood Terrace Neighborhood Associations were notified of the public hearing. 3. On -Site Drives and Parkin There is one driveway entering from Byron. Walk through access is proposed from the church parking lot to the north. Primary parking for the office would be on the church parking lot. One parking space per 400 square feet of gross floor area is the ordinance requirement for office use. Therefore, this 2,200 square foot office would require six spaces. Office April 30, 1998 SUBDIVISION ITEM NO.: 27 (Cont.) FILE NO.: Z -5966-A staff will use the driveway area near the house for parking. Visitors will use the church parking lot. 4. Screening and Buffers: A 6 foot high wooden fence already exists on each side to help screen this site from the residential properties to the east and west. This site must be landscaped in compliance with the Landscape Ordinance. 5. Public Works Comments: Dedicate right-of-way to 30 feet from centerline of Byron Street. 6. utility and Fire De artment Comments: Water: No objection. Wastewater: Sewer available, not adversely affected. Southwestern Bell: Approved as submitted. Fire Department: Approved as submitted. CATA: The site is not located on a CATA bus route. 7. Staff Analysis: This R-2 zoned property contains a two-story brick and frame single family residence with a detached two -car garage and other accessory structures in the backyard. This house is located in a small R-2 residential area surrounded by commercial and office zoning with the Barrow Road Church of Christ immediately to the north. The church wants to use the residence as an office to allow the existing office to be used for additional bible study classrooms. Then they would not have to build any other structures right now. They just invested in a major building expansion in 1996, but continue to grow. The structure would be used as an office from 9:00 a.m. to 3:30 p.m. Monday through Friday, and occasionally as a meeting place at other times. No signage or additional lighting is proposed. The exterior of the residence will not be changed. 2 April 30, 1998 SUBDIVISION ITEM NO.: 27 (Cont.) FILE NO.: Z -5966-A Staff has concerns about allowing a nonresidential use to intrude into the residential neighborhood. This is a stable single family residential neighborhood and staff feels that allowing this nonresidential use to intrude would have a destabilizing effect. The properties to the east, west and south are occupied by single family homes. This small residential pocket is already impacted by virtue of the fact that it is completely surrounded by office and commercial uses. Therefore, we do not feel this is appropriate use within this residential area. 8. Staff Recommendation: Staff recommends denial of this conditional use permit in order to maintain the residential nature of this small neighborhood. SUBDIVISION COMMITTEE COMMENT: (APRIL 9, 1998) Pulpit Minister Leon Barnes and Deacon Rick Barger were present representing the application. Staff presented the item. There was a brief discussion of Public Works and landscaping issues. This resulted in Public Works reducing their comments to just the right-of-way statement. Mr. Barger stated he felt the existing fencing would meet the screening requirement. There being no other issues, the Committee forwarded the item to the full Commission for final resolution. PLANNING COMMISSION ACTION: (APRIL 30, 1998) Pulpit Minister Leon Barnes and Deacon Rick Barger were present representing the application. Staff gave a description of the proposal and a recommendation for denial. There were no objectors present. Rick Barger addressed the Commission in support of the proposal, gave some history and described their efforts to obtain neighborhood support. He presented a petition with five names on it of neighbors in support of the proposal. Betty Snyder, president of John Barrow Neighborhood Association, addressed the Commission stating that they were in support of the proposal. Commissioner Hawn asked for clarification regarding whether a conditional use permit went with the applicant or the property. 3 April 30, 1998 SUBDIVISION ITEM NO.: 27 (Cont.) FILE NO.: Z -5966-A Staff responded that the conditional use permit went with the land and could be used for the same uses allowed in the conditional use permit by any future owner. In response to a question by Chairman Lichty if a time limit could be attached, staff suggested tying the use to this owner rather than giving it a time limit. Commissioner Nunnley asked the applicant if they would have any objection to a condition that this permitted use be only for this church and if they sell the property, the conditional use permit would expire. Mr. Barger said they would have no problem with that condition. Commissioner Faust asked if the church had considered in future plans to move the office back into the main church facility after future expansion and turn the house back into residential use. Mr. Barger said they would want to consider that possibility with a future expansion. A motion was made to approve the application as filed to include the conditions set by staff including making access readily available from the church parking lot and the stipulation that the conditional use permit would be in effect only with the current owner. The motion was approved by a vote of 11 ayes, 0 noes and 0 absent. A second motion was made to approve three waivers to requirements as follows: 1. Right-of-way dedication to 30 feet from centerline; 2. Street improvements; 3. Defer sidewalk construction until such time as sidewalks are constructed along this street. The motion was approved by a vote of 11 ayes, 0 noes and 0 absent. 4