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HomeMy WebLinkAboutZ-5966-B Staff AnalysisMarch 30, 2000 ITEM NO.: H FILE NO.: Z -5966-B NAME: Barrow Road Church of Christ - Revised Conditional Use Permit LOCATION: 8808 Byron Street OWNER/APPLICANT: Barrow Road Church of Christ/Pat McGetrick PROPOSAL: To amend an existing conditional use permit to use an existing residential house adjacent to the south side of church property for Sunday school classrooms and a small youth game room, on property zoned R-2, Single Family Residential, located at 8808 Byron Street. ORDINANCE DESIGN STANDARDS: 1. SITE LOCATION: This site is located on the north side of Byron Street, three lots from John Barrow Road, adjacent to the south property line of the Barrow Road Church of Christ. 2. COMPATIBILITY WITH NEIGHBORHOOD: This site is zoned R-2, Single Family Residential, and is surrounded by R-2 zoning and a Single Family Residential neighborhood. The church lies to the north and there are houses in the other three directions. Further away to the north and east the zoning expands to 0-3, General Office, and C-3, General Commercial. In April, 1998, the Commission approved a C.U.P. for the house next door to the east to be used primarily as a church office. Staff had concerns at that time about the negative impact in allowing a nonresidential use to intrude into this residential area and still has that concern. The John Barrow Neighborhood Association was notified of the Public Hearing. March 30, 2000 SUBDIVISION ITEM NO.: H 3. ON SITE DRIVES AND PARKING: FILE NO.: Z -5966-B There is a driveway accessing the property from Byron Street. The church has stated that the primary access would be walking access from the church property to the north. Parking would be on existing church property. 4. SCREENING AND BUFFERS: N/A 5. PUBLIC WORKS COMMENTS: With Building Permit: a. Repair or replace any curb and gutter or sidewalk that is damaged in the public right-of-way prior to occupancy. b. Property frontage needs to have the sidewalks and ramps brought up to the current ADA standards. 6. UTILITY AND FIRE DEPT. COMMENTS: Water: Contact the Water Works if additional water service is required. Wastewater: Sewer available, not adversely affected. Southwestern Bell: Approved as submitted. ARKLA: Approved as submitted. Entergy: No comments received. Fire Department: Approved as submitted. CATA: No comments received. 7. STAFF ANALYSIS: The applicant has requested a conditional use permit to use an existing single family house for added classroom space. The property is zoned R-2, Single Family Residential. 2 March 30, 2000 SUBDIVISION ITEM NO.: H FILE NO.: Z -5966-B The exterior of the house would not be changed and it would maintain its residential character. No signage or outside lighting is proposed. The classroom space would be used primarily during church services on Sunday morning and Wednesday nights. This would be a continuation of the expansion that took place just east of this property in April of 1998 when a C.U.P. was approved to use a house for church offices. This latest request would allow the church to continue to delay the more expensive expansion of adding to the church building, but continue the intrusion into the neighborhood. A C.U.P. was approved in April 1995 for a two phased expansion of church facilities. Phase I included a two story classroom addition and remodeling of the main sanctuary area in the church. That was accomplished in 1996. Phase 2 included construction of a fellowship hall/family life center, further increase to the sanctuary area, and additional parking. Phase 2 has not been constructed. Staff continues to have 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 further 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 and prevent a destabilizing effect. 3 March 30, 2000 SUBDIVISION ITEM NO.: H FILE NO.: Z -5966-B SUBDIVISION COMMITTEE COMMENTS: (JANUARY 27, 2000) Pat McGetrick was present representing the application. Staff gave a brief description of the proposal. Mr. McGetrick explained how the church plans to use the house. Staff asked about 'the church's future plans and if they intend to keep acquiring more houses. He couldn't answer that, and no one from the church was present. There being no further issues, the Committee accepted the proposal and forwarded the item to the full Commission for final action. PLANNING COMMISSION ACTION: (FEBRUARY 17, 2000) Pat McGetrick was present representing the application. There were no registered objectors present. Staff presented the item with a recommendation for denial as explained in the last paragraph of the "Staff Analysis", paragraph 7 and in the "Staff Recommendation," paragraph 8 above. Pat McGetrick explained that the church does not intend to change the residential nature of the site, and would use the facility only part time primarily during Sunday and Wednesday services. Commissioner Nunnley asked Mr. McGetrick when would the church's expansion into the neighborhood end. Mr. McGetrick couldn't answer that and agreed the church should provide the Commission some firm commitment as to what their long-range plans are. Commissioner Nunnley stated he had the impression from the comments from the church personnel during the discussion for the C.U.P for the first house, that was all they needed and they would not intrude any more into the neighborhood. Commissioner Hawn commented that it was time for the Commission to look harder at today's church size and activities which are causing them to spread out much more than in the past. His main point was that churches today might not fit into residential neighborhoods like they used to. 4 March 30, 2000 SUBDIVISION ITEM NO.: H FILE NO.: Z -5966-B Commissioner Berry commented that he saw vacant church property and wondered why they weren't using it. Staff commented that the church had submitted a master plan in the past that did show expansion into that area, but that for monetary reasons they have chosen this approach rather than to finish carrying out that plan. Commissioner Muse asked the applicant to provide information about how many houses on Byron Street are owner -occupied, how many are rental units, and how many are vacant. He stated he wanted that information because he sees the church use as a "good use" compared to what could be spreading into the neighborhood in the form of vacant houses or houses being used by undesirable types. He felt that could have more of a negative impact to the neighborhood than what the church wanted to do. Commissioner Lowry asked that Staff provide to the Commissioners a copy of the church's master plan with the next agenda write- UP - Mr. McGetrick asked that this item be deferred until March 30, 2000, due to the fact that there were only eight Commissioners present. A motion was made to defer the item until the March 30, 2000 Planning Commission public hearing. The vote was 8 ayes, 0 nays, and 3 absent. STAFF UPDATE: (MARCH 21, 2000) Staff has received no new information regarding this item. PLANNING COMMISSION ACTION: (MARCH 30, 2000) Pat McGetrick, project engineer, and Rick Barger, church elder, were present representing the application. There were no registered objectors present. Staff presented the item with a recommendation for denial of this conditional use permit in order to maintain the residential nature of this small neighborhood, and prevent a destabilizing effect that Staff feels would result from the church expanding it's use of houses for nonresidential uses. 5 March 30, 2000 SUBDIVISION ITEM NO.: H FILE NO.: Z -5966-B Mr. Barger spoke in favor of the item. He showed two overhead slide pictures of the exterior of the house in question and the house they are already using for church offices. He explained what the two houses were being used for, that this second house would be used for youth classrooms only, no game room, and that they would put up a privacy fence between this proposed location and the house to the west. He also showed that they have left the first house looking like a residential house just as it originally did, and he stated that they would do the same for this second house. In addition he stated that they were constructing more parking on the west side of the existing church, and that there wasn't room beyond the new parking area to the west because of a ravine and a storm water detention area. He added that they were in negotiation with Baptist Hospital and hoped to purchase the C-3 zoned property directly to the north of their property to provide more long-term expansion space. Commissioner Berry asked how many were in the congregation and how much parking was being added. Mr. Barger responded there were about 400 members and the available parking would increase from 180 to 230 spaces. Commissioner Berry continued that he drove the area to the west of the existing church and he didn't feel it was as constrained against additional construction as Mr. Barger stated. He also brought up that during the discussion for the C.U.P for the first house, that the.church representative committed that the church would not want any more houses. Mr. Barger stated that he was the one representing the church during that previous hearing. A motion was made to approve the application as submitted. The motion failed by a vote of 1 aye, 8 nays and 2 absent. 6