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HomeMy WebLinkAboutZ-6462 Staff AnalysisMarch 19, 1998 ITEM NO.: 10 NAME• LOCATION• OWNER/APPLICANT• PROPOSAL• ORDINANCE DESIGN STANDARDS: 1. Site Location: FILE NO.: Z-6462 Charity General Baptist Church - Conditional Use Permit 11111 Geyer Springs Road Charity General Baptist Church/Roger Free, Pastor A conditional use permit is requested to allow this existing church to add an addition for classroom and expanded fellowship hall space. The property is zoned R-2. The church is located on the east side of Geyer Springs Road, 1/2 mile south of Mabelvale Cut-off. 2. Compatibility with Neighborhood: The church is located in an area comprised almost exclusively of large tracts of undeveloped, heavily wooded property. The R-2 zoned properties to the north, east and across Geyer Springs to the west are undeveloped. A private school is adjacent to the south. The school property is zoned R-2 with a conditional use permit. The church was in existence at this location prior to the area's annexation into the City. Allowing the proposed addition should not affect the church's continued compatibility with the neighborhood. The O.U.R. Neighborhood Association was notified of the proposed conditional use permit. 3. On -Site Drives and Parking: The site currently has one driveway onto Geyer Springs Road and a combination gravel/concrete/asphalt parking lot. The parking requirement for a church is tied to the seating capacity of the main worship area. No increase in the area of the sanctuary or the sanctuary's seating capacity is proposed. No increase in on-site parking is required. March 19, 1998 SUBDIVISION ITEM NO.: 10 (Cont. 4. Screening and Buffers: FILE NO.: Z-6462 Compliance with the City's Landscape and Buffer Ordinances is required. The proposed 15% building expansion will require a 15% upgrade in landscaping of vehicular use areas toward compliance with the Landscape Ordinance prior to a building permit being issued. 5. Public Works Comments: 1. Geyer Springs Road is listed on the Master Street Plan as a minor arterial, dedication of right-of- way to 45 feet from centerline will be required. 2. Provide design of street conforming to "MSP" (Master Street Plan). Construct one-half street improvements to this street including 5 foot sidewalk with planned development or provide in - lieu contribution. 3. Stormwater detention ordinance applies to this property. 4. Street improvement plans shall include signage and striping. Completed plans must be approved by Traffic Engineering prior to construction. 5. Obtain permits (barricade/street cut) for improvements within proposed or existing right-of- way from Traffic Engineering prior to construction in right-of-way. 6. Prepare a letter of pending development addressing street lights as required by Section 31-403 of the Little Rock Code. All requests should be forwarded to Traffic Engineering. 7. Utility excavation within proposed rights-of-way shall be per Article V of Sec. 30. 8. Geyer Springs has a 1995 average daily traffic count of 9700. 6. utility and Fire De artment Comments: Water: Contact Water Works if additional water service is required. Wastewater: Sewer available, not adversely affected. Fire Department: Approved as submitted. CATA: The site is not located on a CATA bus route. 2 March 19, 2998 SUBDIVISION ITEM NO.: 10 (Cont.) 7. Staff Analysis: FILE NO.: Z-6462 Charity General Baptist Church is located on the R-2 zoned property at 11111 Geyer Springs Road. The church was in existence at the time of the area's annexation into the City. The church now proposes to construct a 30 foot by 60 addition to accommodate an enlarged fellowship hall and increased classroom space. No increase in the sanctuary area or the sanctuary's seating capacity is proposed. No expansion of on-site parking is either required or proposed. The proposed addition will be one story in height. No additional signage is proposed for the church site. The church has no ancillary activities such as a mother's day out, daycare or private school. Hours are typically Sundays and Wednesdays with occasional activities throughout the week. Staff believes the proposal to be reasonable. Allowing the expansion will not affect the church's continued compatibility with the neighborhood. The only other use in the area is the private school which occupies the property to the south. Otherwise, all other properties in the area are undeveloped and wooded. The church will be required to construct 1/2 street improvements in association with the proposed construction or provide an in -lieu contribution toward street improvements. The church has agreed to provide the required right-of-way for Geyer Springs Road but is requesting a waiver of street improvement requirements. Staff does not support this requested waiver. When the school was developed on the property adjacent to the south in 1994, the Board of Directors denied a waiver of street improvements but granted a 5 year deferral. 8. Staff Recommendation: Staff recommends approval of the requested conditional use permit subject to compliance with the following conditions: 1. Compliance with the City's Landscape and Buffer Ordinances 2. Compliance with Public Works Comments Staff recommends denial of the requested waiver of required street improvements to Geyer Springs Road. 3 March 19, 1998 SUBDIVISION ITEM NO.: 10 (Cont.) SUBDIVISION COMMITTEE COMMENT: FILE NO.: Z-6462 (FEBRUARY 26, 1998) Roger Free, Pastor of the church, was present representing the item. Staff presented the item. There was a brief discussion of the proposal and of the requirement to construct 1/2 street improvements. The applicant was advised that a waiver of street improvements could only be approved by the Board of Directors. The Committee determined that there were no other outstanding issues and forwarded the item to the full Commission for final resolution. PLANNING COMMISSION ACTION: (MARCH 19, 1998) Staff gave a description of the proposal and a recommendation of support with inclusion of the two conditions noted. However staff has recommended denial of the street improvement full waiver request. There were no objectors present. Pastor Roger Free, the applicant, addressed the Commission and agreed with staff's presentation. He then stated that his primary justification for the waiver request was that this development would not influence or impact Geyer Springs Road now or ever, would only function on weekends and would not affect traffic. David Scherer, of Public Works, stated that because this location was not at an intersection, it would be appropriate for an in -lieu contribution for road improvements. Impact on traffic for Public Works purposes is based on square footage of structure not on how many seats are in the auditorium. Therefore, the appropriate time for them to acquire in -lieu contributions for street improvements is at the time of building expansion, not at some future time when or if usage change is requested. It is believed that an 1,800 square foot expansion will impact traffic, he stated. He added that Public Works is willing to work with the church to spread the 15% over 3 years, at 5% per year if needed, but they cannot support a straight waiver. In reply to a question from Commissioner Adcock as to how much money were talking about, the dollar amount of contribution would be 15% of declared building cost submitted at time of obtaining the building permit. Pastor Free stated that estimates range between $20,000 to $45,000. Mr. Scherer added that if street improvements had been done in conjunction with development at the adjacent school, they would have asked for like improvements. Since they weren't done, in -lieu improvements would be more appropriate and 4 March 19, 1998 SUBDIVISION ITEM NO.: 10 (Cont.) FILE NO.: Z-6462 there is not enough of a building expansion to justify full street improvements to the frontage. Chairman Lichty asked why the additional space is needed if not related to higher volume usage. Pastor Free stated that they have not reached their capacity of their sanctuary, but the added space is needed for Sunday School age division requirements, i.e. division of existing students into more space. Commissioner Putnam asked if the amount for the 15% was spread over three years would that be acceptable. Pastor Free responded that if this is the bottom line offer, they would accept it. However he still feels he shouldn't have to pay at all. Commissioner Rahman asked what guarantee the City has that the use won't change in the future which would generate more traffic. He added that we have no other instrument to make sure they do the development we are requiring of everybody. Pastor Free said he felt this was fair and valid and would propose that if they do change use later to something that does affect the roadway, that they pay their fair share at that time. Commissioner Nunnley asked for clarification as to what would constitute a use change that would impact Geyer Springs Road. Commissioner Faust asked for clarification as to what is the underlying principal for requesting developers to contribute to street improvements. David Scherer of Public Works responded to both questions. He stated they have always legally based their request for contributions to street improvements on the expansion of building square footage. Their past data does support the contention that when you increase the square footage of a building the traffic counts go up. Therefore, now is legally the right time to ask for the improvements. They feel that they don't have a legal right, to ask for those improvements later based only on a use change without a square footage increase. Pastor Free responded that he understands their point, but asked if it is fair to charge for something they will reap no benefit from and that they are having no impact on. He then stated that this "one size fits all" argument for charging them at this time does not fit them and should be waived. 67 March ' 19,, 1998 STUBDIVISION ITEM NO.: 10 (Cont. FILE NO.: Z-6462 Commissioner Nunnley asked if this 15% payment would cause a hardship, even if spread over 3 years. Pastor Free responded by saying it would, but they would make due if that is the best offer that they will receive. A motion was made to approve the application as filed with the conditions set by the staff. The motion passed by a vote of 11 ayes, 0 noes and 0 absent. A second motion was made to approve the street improvement waiver as requested by the applicant. Stephen Giles, Deputy City Attorney, made a legal point for the commissioners to understand. He explained that if the commissioners recommended to the Board of Directors to waive the Master Street Plan for this property, and recommended that the City give up an ordinance requirement for street improvements in this case, the City cannot take it later. The motion failed by a vote of 0 ayes, 11 noes and 0 absent. 6