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HomeMy WebLinkAboutZ-5973 Staff AnalysisMay 16, 1995 ITEM NO.: E FILE NO.: Z-5973 NAME: LOCATI OWNER/APPLICANT: PROPOSAL: ORDINANCE DESIGN STANDARDS: 1. Site Location First Bible Missionary Church - Conditional Use Permit 11001 Shenandoah Drive Larry Bork, Pastor; First Bible Missionary Church The applicant requests a conditional use permit to allow for the use of a portion of this R-2 zoned residence as a temporary place of worship. The double car garage is to be converted into a small chapel accommodating 15-20 persons. Approval is requested for a period not to exceed three years. The property is located at the southeast corner of Shenandoah Drive and Antietam Drive, just east of the Shiloh Subdivision. 2. compatibility with Neighborhood The property is located in an area just east of the Shiloh Subdivision comprised primarily of vacant single family residential lots and large, undeveloped, heavily wooded tracts. All adjacent property is vacant and zoned single family residential. The site is separated from the nearest single family residence by vacant lots. No structural changes are to be made to the exterior of the structure and it will maintain its residential appearance. As a temporary use for this small congregation, the proposed church should be compatible with the neighborhood. 3. on -Site Drives 51nd Parkin The site contains a driveway which will accommodate four vehicles. A worship area with a seating capacity of 20 persons requires five on-site parking spaces. Both Shenandoah Drive and Antietam Drive dead-end just past this site and there is no other development on this portion of these streets. May 16, 1995 ITEM NO.: E Cont. FILE NO.: Z-5973 4. Screening and Buffers No screening or buffering is required for this proposed temporary use. The structure will still serve primarily as the pastor's residence. 5. City Engineer Comments No comments 6. Ttility and Fire Department Comments No comments 7. Analysis 11001 Shenandoah Drive is the residence of the pastor of First Bible Missionary Church. A conditional use permit is requested to allow for the use of a portion of this residence as a temporary place of worship for this small congregation of 15-20 persons. The applicant proposes to convert the double car garage into a chapel. No other structural changes are proposed and the structure will maintain its residential appearance. The property is located in an area of vacant residential lots and undeveloped tracts. Both streets which border the site dead-end just past the property, further isolating it from the adjacent residential development. Staff feels that the temporary use of a portion of this residence as a place of worship for this small congregation will not have a negative effect on the neighborhood. The applicant should review the Bill of Assurance for Shenandoah Subdivision to determine whether this use is in violation of any of its provisions. 8. aff R mmend tion Staff recommends approval of the application -subject to the following conditions: a. The approval is to be limited only to this small congregation with an attendance of 15-20 persons. b. The use of this property a period of three years Commission approval. 2 by the church is not to exceed from the date of Planning May 16, 1995 ITEM NO_: E (Cont ) FILE NQ Z-5973 C. Signage is to be limited to that allowed only in residential one and two family zones. d. No ancillary activities such as a private school or day care program are to be operated at this site. SUBDIVISION COMMITTEE COMMENT: The applicant was not present. (MARCH 16, 1995) Staff presented the item. After a brief discussion of the proposed use of the house by the church, the Committee determined there were no outstanding issues and forwarded the item to the full Commission. PLANNING COMMISSION ACTION: (APRIL 18, 1995) The applicant, Rev. Larry Bork, was present. There were two objectors present. Staff presented the item and a recommendation of approval, with conditions. Rev. Bork addressed the Commission in support of his application. He questioned the condition in the staff recommendation which limits the approval to only this small congregation with an attendance of 15-20 persons. Dana Carney, of the Planning Staff, responded that the intent was to limit approval to this specific applicant, meaning that another church could not use this property based on this applicant's approved conditional use permit. Cloie Perry Morgan, of Perry Construction Company (the developer of Shenandoah Subdivision) addressed the Commission in opposition to the application. She stated that the proposed church would generate excessive traffic through the neighborhood. Ms. Morgan stated that the residents of Shiloh Subdivision had just recently, successfully petitioned the City to barricade Oxford Valley Drive at Legion Hut Road to keep traffic from driving through the Subdivision from the Chicot Road area to Mabelvale Cut-off. Ms. Morgan questioned the appropriateness of placing a church at this site and stated that it would negatively impact potential sale of other lots in the Shenandoah Subdivision. Albert Straub, of 8806 Manassas Circle, addressed the Commission in opposition to the item. He presented a petition signed by residents of the Shiloh Subdivision in opposition to the proposed church. There were approximately 139 signatures on the petition. Mr. Straub also presented a letter from John Mayfield, president of the Shiloh Neighborhood Association, asking that the application be denied. Mr. Straub concluded his remarks by stating that the church was a business and that residents did not want a business in the neighborhood. 3 May 16, 1995 ITEM NO E Cont.) FILE NO.: Z-5.973 Rev. Bork responded to some of the concerns raised by Mr. Straub and Ms. Morgan. He stated that the primary use of the structure would be as his residence and that only the two -car garage would be used for the church. Commissioner McCarthy asked Rev. Bork what was proposed to happen at the end of the three years requested. Rev. Bork responded that the congregation hoped to grow to a point where they could afford to relocate. He stated that the church had been in existence since 1960 and was at one time in a building on Young Road. The congregation dwindled and the building was sold. Rev. Bork stated that the congregation now met in an apartment. Commissioner Adcock asked Rev. Bork how he will handle church growth during the next three years. Rev. Bork responded that the church would relocate if it outgrew the garage. Commissioner Ball suggested that the church might consider asking for an 18 month approval with Planning Commission review at that time. Chairman Walker stated that a 3 year approval with Planning Commission review after 1 year might be appropriate. There was a brief discussion of the suggestion offered by Commissioners Ball and Walker. Commissioner Adcock asked Mr. Straub if approval with further Commission review after 1 year would address the neighborhood's concerns. Mr. Straub responded that it would not. He again voiced his opposition to the item. Ms. Morgan again asked the Commission to deny the application. Commissioner Chachere asked Rev. Bork what the church's schedule of services is. Rev. Bork responded that church services would be Sunday morning and evening and Wednesday evening. Commissioner Chachere asked Rev. Bork if he would make an effort to keep his congregants from blocking the streets. Rev. Bork responded that he would do everything he could to keep that from happening. Dana Carney, of the Planning Staff, stated he would ask the City's Traffic Engineer to review the situation and determine if there was a problem with cars parking on both sides of the street. The question was called and a vote was taken on the application, as amended to include Planning Commission review after 1 year. The vote was 5 ayes, 4 noes and 2 absent. Due to a lack of 6 votes, either for or against the item, it was deferred to the May 16, 1995 Commission meeting. 4 May 16, 1995 BDIVI IO ITEM NO.: E (Cant.) FILE NO.: Z-5973 SUBDIVISI N COMMITTEE COMMENT: (APRIL 27, 1995) The applicant was not present. Staff presented the item and informed the Committee that there was no new information to report. Without comment, the Committee forwarded the application to the full Commission. PLANNING COMMISSION ACTION: (MAY 16, 1995) The applicant, Rev. Larry Bork, was present. There were 3 objectors present. Staff presented the item and noted that it had been deferred from the April 4, 1995 Commission meeting. The Commission was reminded that a petition with the signatures of approximately 139 persons opposed to the church had been presented at that April meeting. Rev. Bork addressed the Commission in support of the application. He stated that the garage area would be used as a place of worship three times a week, Sunday morning and evening and Wednesday evening. Rev. Bork stated that the house was secluded from other homes in the area and that there was adequate on-site and street parking to accommodate the church. He stated that his small congregation utilizing only a small portion of the residence would not have a negative impact on the neighborhood. Rev. Bork concluded by stating he was willing to amend his application to a 2 year approval of the conditional use permit with Commission review after one year. Deborah Lindley, of 10922 Appomattox, addressed the Commission in opposition to the item. She stated that the increase in traffic caused by the church would negatively impact the neighborhood. Albert Straub, of 8806 Manassas Circle, addressed the Commission in opposition to the item. He stated that he was opposed to the use of a residence as a church. Cloie Perry Morgan, of Perry Construction Company the developer of Shenandoah Subdivision, addressed the Commission in opposition to the item. She stated that any conditions imposed on the church would be difficult to enforce. Rev. Alvie Jarratt, the denomination's District Superintendent, addressed the Commission in support of the application. He stated that the applicant was willing to accept all conditions recommended by staff and was willing to accept a two year approval with review after one year. Rev. Jarratt stated that the church would be relocated at the end of two years or -the conditional use permit could be revoked. He stated that the only 5 May 16, 1995 SLTB DIVISioN ITEM NO.: E Cont. FrLE NO.: F7 -S G73 modification to the structure would be to put a door in the garage. Rev. Jarratt stated that there were no homes on the adjacent lots and that the nearest neighbor had no objection. He stated that the home was constructed 8 years ago and that there had been no subsequent development of the Shenandoah Subdivision. He conjectured that the church would be gone from the site by the time any further development of the Subdivision occurs. In response to a question from Commissioner Adcock, Rev. Jarratt stated that there had been no meetings between the applicant and the neighbors. A motion was made to approve the application, as amended by the applicant, subject to the following conditions: 1. The approval is for two years only with staff review after one year. If staff deems it necessary, the item will be brought back to the Commission at that point. 2. Approval is limited only to this small congregation with an attendance of 15-20 persons. 3. Signage is to be limited to that allowed only in residential one and two family zones. 4. No ancillary activities such as a private school or day care program are to be operated at this site. The motion was approved by a vote of 7 ayes, 4 noes and 0 absent. G