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HomeMy WebLinkAboutZ-6726 Staff AnalysisSeptember 30, 1999 ITEM NO.: 14 FILE NO: Z-6726 NAME: Martindale Baptist Church - Conditional Use Permit LOCATION: 18,900 Colonel Glenn Road OWNER/APPLICANT: Martindale Baptist Church/ Pastor J. L. Weaver PROPOSAL: To obtain a conditional use permit for the church use and a new Family Life Building on the existing church property at 18,900 Colonel Glenn Road which is Zoned R-2, Single Family Residential. ORDINANCE DESIGN STANDARDS: 1. SITE LOCATION: This site is located on the north side of Colonel Glenn Road, approximately 4.7 miles past the Little Rock City Limits sign. It's outside the City Limits, but inside the extraterritorial zoning boundary. 2. COMPATIBILITY WITH NEIGHBORHOOD: The site and surrounding property are zoned R-2, Single Family Residential. There is a small C-1 zoned area down Colonel Glenn a very small distance on the same side of the road containing a small country grocery store. This church has existed at this location for almost 50 years and has been compatible with the area as far as Staff is aware. Staff believes this added facility will not change that compatibility. This site is not within an area covered by a neighborhood association at this time. 3. ON SITE DRIVES AND PARKING: There are three existing driveways into the property from Colonel Glenn Road. This proposal does not change the drives nor the existing parking. However, it does designate two areas for future parking. The proposed family life center would not affect required parking since that is September 30, 1999 SUBDIVISION ITEM NO.: 14 (Cont.) FILE NO: Z-6726 based on the seating in the main sanctuary, which is not being changed. 4. SCREENING AND BUFFERS: A landscape upgrade is required equal to the percentage that the new expansion represents in increase in gross square footage. Direct any questions to Bob Brown at 371- 4864. 5. PUBLIC WORKS COMMENTS: 1. Colonel Glenn Road is listed on the Master Street Plan as a principal arterial, dedication of right-of-way to 55 feet from centerline will be required. 2. Provide design of streets conforming to "MSP" (Master Street Plan). Construct one-half street improvements to these streets including 5 -foot sidewalks with planned development. 3. Plans of all work in right-of-way shall be submitted for approval prior to start of work. 4. Stormwater detention ordinance applies to this property. 5. One driveway per 300 feet of frontage will be allowed. Show access points on site plan for approval. 6. UTILITY AND FIRE DEPT. COMMENTS: Water: Contact the Water Works if additional water service is needed. Wastewater: Outside service boundary. No comment. Southwestern Bell: No comments received. ARKLA: Approved as submitted. Entergy: No comments received. Fire Department: Approved as submitted. Keep any driveway canopy at 14 feet high. CATA: No Comments received. `� September 30, 1999 SUBDIVISION ITEM NO.: 14 (Cont.) 7. STAFF ANALYSIS: FILE NO: Z-6726 The applicant is requesting a conditional use permit for the church use on this property and to add an 11,000 square foot family life center building to the existing buildings. the family life building would provide a gymnasium, with shower areas, one racquetball court, and a couple of small meeting rooms. This new building would join the existing four buildings which provide the main sanctuary, classrooms, offices, a fellowship hall, and a caretaker's house. All siting requirements are exceeded. There are approximately 50 existing parking spaces on site, but parking is not affected since there is no change proposed to the seating in the main sanctuary. Some upgrade would be required to the landscaping to meet ordinance requirements. The percentage upgrade would have to equal the percentage that the total square footage of church facilities is being expanded. There are open issues regarding the requirements in the Public Works Comments. Public Works has asked for the normal street improvements, dedication of right-of-way, and driveway spacing as required by ordinance and the Master Street Plan. The applicant has asked for a waiver to street improvements for monetary reasons, and to dedication of right-of-way because of the concern that this would negatively impact the use of the existing parking lot and the value of the existing house on the eastern part of the property. The church also desires a variance for driveway spacing to keep the existing three driveways. They are open to reducing the size of the middle driveway from 125 feet to 36 feet if given adequate time to accomplish that. Public Works does not support the waiver of right-of-way dedication nor the waiver of street improvements. The parking areas that would fall in the right-of-way could be franchised and remain unchanged, but should be fully striped. They would support the variance for driveway spacing if the center drive is reduced to 36 feet, and if the rest of the open access is blocked and the access driveways clearly designated by concrete wheel stops or 3 September 30, 1999 SUBDIVISION ITEM NO.: 14 (Cont.) FILE NO: Z-6726 railroad ties as part of the construction of the family life center. They would also support a 90 day time frame to accomplish the changes to the driveways. 8. STAFF RECODMENDATION: Staff recommends approval of the conditional use permit subject to compliance with the following conditions: a. Comply with the City's Landscape and Buffer Ordinances. b. Comply with Public Works Comments. Staff does not support either of the two waiver requests for street improvements or dedication of right-of-way. Staff does'recommend approval of the variance for driveway spacing if the center driveway is reduced to 36 feet, the rest of the open access in the center is blocked, and the three driveways are clearly outlined. Staff would support allowing a 90 day period for reducing the size of the center driveway and marking the driveways and parking areas. SUBDIVISION COMMITTEE COMMENT: (SEPTEMBER 9, 1999) Pastor J. L. Weaver was present representing his application. Staff gave a brief description of the proposal. A short discussion took place explaining the landscape upgrade comment. The applicant also stated that they anticipate the normal hours of the center to be 6:30 a.m. to 10:00 p.m. A more detailed discussion ensued regarding the Public Works Comments to clarify what they meant and the options for how they could be accomplished. Pastor Weaver stated that he would have to take the information back to his congregation's building committee to see what they wanted to do. There being no further issues, the Committee accepted the proposal and forwarded the item to the full Commission for final action. 4 September 30, 1999 SUBDIVISION ITEM NO.: 14 (Cont.) FILE NO: Z-6726 PLANNING COMMISSION ACTION: (SEPTEMBER 30, 1999) Pastor J. L. Weaver was present representing his application. There were no registered objectors present. Staff presented the item with a recommendation for approval subject to compliance with the conditions listed under "Staff Recommendation." Pastor Weaver commented that a number from his congregation were present and explained what led up to the application, what the request asked for, and that the church has existed at this location for almost 50 years. He added an explanation of the waiver requests for Right -of -Way (R.O.W.), dedication and street improvements and why they felt the waivers were justified. He stated that his R.O.W. dedication waiver justification was based on what he sees as adverse impacts on the use and value of the church property, and the impact on the existing caretaker house on the property. The new R.O.W. would come to within about 6 feet of the existing house. His street improvement waiver justification was based on the fact that it would eliminate much of the existing parking lot, and that he felt that they should not have to pay for street construction for possible development out beyond them which might occur at some future time just because they happened to be located along this arterial. Pastor Weaver stated that he felt that the decision on the request should be based on the following points: compatibility of the church use which has existed in the community for many years, no change in the use, anticipated support of the neighbors, their location outside the City, and projected lack of future development for that area. He also had concern about R-2 property being able to bear the expense in making the requested road improvements, and that other zoning which does not now exist would be necessary to justify the expense of the improvements. He also stated that they were not questioning the authority of the Planning Commission to obtain R.O.W, but were questioning the method of using the permit process to obtain the right-of-way. Commissioners Hahn and Downing questioned the advantage of deferring the dedication of R.O.W. Pastor Weaver stated that with a deferral they would then deal with the question when and if it ever occurred in relation to actual development and need. He added that other methods such as the use of eminent domain laws might be a way to deal with the question when and if it 5 September 30, 1999 SUBDIVISION ITEM NO.: 14 (Cont.) FILE NO: Z-6726 occurs. Further he stated that they would agree to not construct anything in the proposed R.O.W. so as not to create any conflict should the road need to be widened in the future. Stephen Giles, City Attorney, in response to a question from Commissioner Hahn, confirmed that the City could grant a franchise to allow the church to continue to use the dedicated R.O.W. as it is now until such time as the area was needed for street widening. Bob Turner, Assistant Director of Public Works, acknowledged that while it would be some time before development would occur in this area that would require the widening of Colonel Glenn, that he felt it will happen, and that they felt strongly that the dedication of R.O.W. should be done now to prevent any construction in that R.O.W. He added that Public Works would be willing to grant a franchise for the continued use as it is now until the widening is required, and that they would support a deferral of street improvements. He continued by describing that the basis for acquiring the R.O.W. and obtaining the street improvements is under the boundary street Ordinance of the City based on that there is an impact of any development along the street. The Master Street Plan states that if you front a street, you are obligated to dedicate the R.O.W. and build your half of the street improvements required when you further develop your property. He also commented on the need for reducing the center driveway and clearly defining the other driveways. Mr. Turner also brought up the option of the church paying 15% of their development construction cost in -lieu to meet their obligation for street improvements, and that payment could be made over a period of time that the Commission felt was reasonable. Commissioners Putnam and Downing discussed the option and benefit of deferring R.O.W. dedication and deferring versus paying 155 in -lieu for street improvements. Pastor Weaver stated that they could not afford even the 15%. Mr. Turner stated he could support deferring street improvements but not deferring dedication of R.O.W. Several Commissioners discussed the option of including conditions in the C.U.P that the applicant dedicate the R.O.W. now, pay a 15% in -lieu over 5 years, and adjust the driveway spacing now. Mr. Giles stated that he did not believe the September 30, 1999 SUBDIVISION ITEM NO.: 14 (Cont.) FILE NO: Z-6726 Commission could impose a condition on the applicant without his consent, the condition in this case being to make an in -lieu payment over 5 years. Additional discussion occurred to establish that the applicant was still opposed to dedication of R.O.W. now and to paying for street improvements, and that he still felt waivers were justified, but that as a last resort if waivers weren't approved, five year deferrals would be preferred over disapproval of the C.U.P. Pastor Weaver again emphasized that the Arkansas Code did allow for waivers. Mr. Giles confirmed that the City Board could waive ordinance requirements. A motion was made to approve the application as submitted to include staff comments and recommendations, reserving the right to vote on the waivers and variances separately and individually. The motion passed by a vote of 11 ayes, 0 nays and 0 absent. A second motion was made to approve a recommendation to the City Board for a waiver of the Master Street Plan requiring the dedication of Right -of -Way adjacent to this development. The motion failed by a vote of 2 ayes, 9 nays and 0 absent. A third motion was made to approve a recommendation to the City Board for a waiver of boundary street improvement consisting of constructing half of the street improvements for the street frontage of this property. The motion failed by a vote of 3 ayes, 7 nays, 0 absent and 1 abstention by Commissioner Nunnley. A fourth motion was made to approve a variance to allow the three driveways to remain open, with the conditions of reducing the center driveway to 36 feet, striping the parking lot, and clearly marking the three driveways, all within a 6 month time period. The motion passed with a vote of 11 ayes, 0 nays and 0 absent. hA September 30, 1999 SUBDIVISION ITEM NO.: 14 (Cont.) FILE NO: Z-6726 Commission could impose a condition on the applicant without his consent, the condition in this case being to make an in -lieu payment over 5 years. Additional discussion occurred to establish that the applicant was still opposed to dedication of R.O.W. now and to paying for street improvements, and that he still felt waivers were justified, but that as a last resort if waivers weren't approved, five year deferrals would be preferred over disapproval of the C.U.P. Pastor Weaver again emphasized that the Arkansas Code did allow for waivers. Mr. Giles confirmed that the City Board could waive ordinance requirements. A motion was made to approve the application as submitted to include staff comments and recommendations, except for the comments regarding the R.O.W. and street improvement issues, and reserving the right to vote on the waivers and variances separately and individually. The motion passed by a vote of 11 ayes, 0 nays and 0 absent. A second motion was made to approve a recommendation to the City Board for a waiver of the Master Street Plan requiring the dedication of Right -of -Way adjacent to this development. The motion failed by a vote of 2 ayes, 9 nays and 0 absent. A third motion was made to approve a recommendation to the City Board for a waiver of boundary street improvement consisting of constructing half of the street improvements for the street frontage of this property. The motion failed by a vote of 3 ayes, 7 nays, 0 absent and 1 abstention by Commissioner Nunnley. A fourth motion was made to approve a variance to allow the three driveways to remain open, with the conditions of reducing the center driveway to 36 feet, striping the parking lot, and clearly marking the three driveways, all within a 6 month time period. The motion passed with a vote of 11 ayes, 0 nays and 0 absent. 7 September 30, 1999 ITEM NO.: 14 NAME: LOCATION: OWNER/APPLICANT: FILE NO: Z-6726 Martindale Baptist Church - Conditional Use Permit 18,900 Colonel Glenn Road Martindale Baptist Church/ Pastor J. L. Weaver PROPOSAL: To obtain a conditional use permit for the church use and a new Family Life Building on the existing church property at 18,900 Colonel Glenn Road which is Zoned R-2, Single Family Residential. ORDINANCE DESIGN STANDARDS: 1. SITE LOCATION: This site is located on the north side of Colonel Glenn Road, approximately 4.7 miles past the Little Rock City Limits sign. It's outside the City Limits, but inside the extraterritorial zoning boundary. 2. COMPATIBILITY WITH NEIGHBORHOOD: The site and surrounding property are zoned R-2, Single Family Residential. There is a small C-1 zoned area down Colonel Glenn a very small distance on the same side of the road containing a small country grocery store. This church has existed at this location for almost 50 years and has been compatible with the area as far as Staff is aware. Staff believes this added facility will not change that compatibility. This site is not within an area covered by a neighborhood association at this time. 3. ON SITE DRIVES AND PARKING: There are three existing driveways into the property from Colonel Glenn Road. This proposal does not change the drives nor the existing parking. However, it does designate two areas for future parking. The proposed family life center would not affect required parking since that is September 30, 1999 SUBDIVISION ITEM NO.: 14 (Cont.) FILE NO: Z-6726 based on the seating in the main sanctuary, which is not being changed. 4. SCREENING AND BUFFERS: A landscape upgrade is required equal to the percentage that the new expansion represents in increase in gross square footage. Direct any questions to Bob Brown at 371- 4864. 5. PUBLIC WORKS COMMENTS: 1. Colonel Glenn Road is listed on the Master Street Plan as a.principal arterial, dedication of right-of-way to 55 feet from centerline will be required. 2. Provide design of streets conforming to "MSP" (Master Street Plan). Construct one-half street improvements to these streets including 5 -foot sidewalks with planned development. 3. Plans of all work in right-of-way shall be submitted for approval prior to start of work. 4. Stormwater detention ordinance applies to this property. 5. One driveway per 300 feet of frontage will be allowed. Show access points on site plan for approval. 6. UTILITY AND FIRE DEPT. COMMENTS: Water: Contact the Water Works if additional water service is needed. Wastewater: Outside service boundary. No comment. Southwestern Bell: No comments received. ARKLA: Approved as submitted. Entergy: No comments received. Fire Department: Approved as submitted. Keep any driveway canopy at 14 feet high. CATA: No Comments received. K September 30, 1999 SUBDIVISION ITEM NO.: 14 (Cont.) 7. STAFF ANALYSIS: FILE NO: Z-6726 The applicant is requesting a conditional use permit for the church use on this property and to add an 11,000 square foot family life center building to the existing buildings. the family life building would provide a gymnasium, with shower areas, one racquet ball court, and a couple of small meeting rooms. This new building would join the existing four buildings which provide the main sanctuary, classrooms, offices, a fellowship hall, and a caretaker's house. All siting requirements are exceeded. There are approximately 50 existing parking spaces on site, but parking is not affected since there is no change proposed to the seating in the main sanctuary. Some upgrade would be required to the landscaping to meet ordinance requirements. The percentage upgrade would have to equal the percentage that the total square footage of church facilities is being expanded. There are open issues regarding the requirements in the Public Works Comments. Public Works has asked for the normal street improvements, dedication of right-of-way, and driveway spacing as required by ordinance and the Master Street Plan. The applicant has asked for a waiver to street improvements for monetary reasons, and to dedication of right-of-way because of the concern that this would negatively impact the use of the existing parking lot and the value of the existing house on the eastern part of the property. The church also desires a variance for driveway spacing to keep the existing three driveways. They are open to reducing the size of the middle driveway from 125 feet to 36 feet if given adequate time to accomplish that. Public Works does not support the waiver of right-of-way dedication nor the waiver of street improvements. The parking areas that would fall in the right-of-way could be franchised and remain unchanged, but should be fully striped. They would support the variance for driveway spacing if the center drive is reduced to 36 feet, and if the rest of the open access is blocked and the access driveways clearly designated by concrete wheel stops or 3 September 30, 1999 SUBDIVISION ITEM NO.: 14 (Cont.) FILE NO: Z-6726 railroad ties as part of the construction of the family life center. They would also support a 90 day time frame to accomplish the changes to the driveways. 8. STAFF RECOMMENDATION: Staff recommends approval of the conditional use permit subject to compliance with the following conditions: a. Comply with the City's Landscape and Buffer Ordinances. b. Comply with Public Works Comments. Staff does not support either of the two waiver requests for street improvements or dedication of right-of-way. Staff does'recommend approval of the variance for driveway spacing if the center driveway is reduced to 36 feet, the rest of the open access in the center is blocked, and the three driveways are clearly outlined. Staff would support allowing a 90 day period for reducing the size of the center driveway and marking the driveways and parking areas. SUBDIVISION COMMITTEE COMMENT: (SEPTEMBER 9, 1999) Pastor J. L. Weaver was present representing his application. Staff gave a brief description of the proposal. A short discussion took place explaining the landscape upgrade comment. The applicant also stated that they anticipate the normal hours of the center to be 6:30 a.m. to 10:00 p.m. A more detailed discussion ensued regarding the Public Works Comments to clarify what they meant and the options for how they could be accomplished. Pastor Weaver stated that he would have to take the information back to his congregation's building committee to see what they wanted to do. There being no further issues, the Committee accepted the proposal and forwarded the item to the full Commission for final action. 4 September 30, 1999 SUBDIVISION ITEM NO.: 14 (Cont.) FILE NO: Z-6726 PLANNING COMMISSION ACTION: (SEPTEMBER 30, 1999) Pastor J. L. Weaver was present representing his application. There were no registered objectors present. Staff presented the item with a recommendation for approval subject to compliance with the conditions listed under "Staff Recommendation." Pastor Weaver commented that a number from his congregation were present and explained what led up to the application, what the request asked for, and that the church has existed at this location for almost 50 years. He added an explanation of the waiver requests for Right -of -Way (R.O.W.), dedication and street improvements and why they felt the waivers were justified. He stated that his R.O.W. dedication waiver justification was based on what he sees as adverse impacts on the use and value of the church property, and the impact on the existing caretaker house on the property. The new R.O.W. would come to within about 6 feet of the existing house. His street improvement waiver justification was based on the fact that it would eliminate much of the existing parking lot, and that he felt that they should not have to pay for street construction for possible development out beyond them which might occur at some future time just because they happened to be located along this arterial. Pastor Weaver stated that he felt that the decision on the request should be based on the following points: compatibility of the church use which has existed in the community for many years, no change in the use, anticipated support of the neighbors, their location outside the City, and projected lack of future development for that area. He also had concern about R-2 property being able to bear the expense in making the requested road improvements, and that other zoning which does not now exist would be necessary to justify the expense of the improvements. He also stated that they were not questioning the authority of the Planning Commission to obtain R.O.W, but were questioning the method of using the permit process to obtain the right-of-way. Commissioners Hahn and Downing questioned the advantage of deferring the dedication of R.O.W. Pastor Weaver stated that with a deferral they would then deal with the question when and if it ever occurred in relation to actual development and need. He added that other methods such as the use of eminent domain laws might be a way to deal with the question when and if it A September 30, 1999 SUBDIVISION ITEM NO.: 14 (Cont.) FILE NO: Z-6726 occurs. Further he stated that they would agree to not construct anything in the proposed R.O.W. so as not to create any conflict should the road need to be widened in the future. Stephen Giles, City Attorney, in response to a question from Commissioner Hahn, confirmed that the City could grant a franchise to allow the church to continue to use the dedicated R.O.W. as it is now until such time as the area was needed for street widening. Bob Turner, Assistant Director of Public Works, acknowledged that while it would be some time before development would occur in this area that would require the widening of Colonel Glenn, that he felt it will happen, and that they felt strongly that the dedication of R.O.W. should be done now to prevent any construction in that R.O.W. He added that Public Works would be willing to grant a franchise for the continued use as it is now until the widening is required, and that they would support a deferral of street improvements. He continued by describing that the basis for acquiring the R.O.W. and obtaining the street improvements is under the boundary street Ordinance of the City based on that there is an impact of any development along the street. The Master Street Plan states that if you front a street, you are obligated to dedicate the R.O.W. and build your half of the street improvements required when you further develop your property. He also commented on the need for reducing the center driveway and clearly defining the other driveways. Mr. Turner also brought up the option of the church paying 15% of their development construction cost in -lieu to meet their obligation for street improvements, and that payment could be made over a period of time that the Commission felt was reasonable. Commissioners Putnam and Downing discussed the option and benefit of deferring R.O.W. dedication and deferring versus paying 155 in -lieu for street improvements. Pastor Weaver stated that they could not afford even the 15%. Mr. Turner stated he could support deferring street improvements but not deferring dedication of R.O.W. Several Commissioners discussed the option of including conditions in the C.U.P that the applicant dedicate the R.O.W. now, pay a 15% in -lieu over 5 years, and adjust the driveway spacing now. Mr. Giles stated that he did not believe the 6 September 30, 1999 SUBDIVISION ITEM NO.: 14 (Cont.-) Commission could impose consent, the condition payment over 5 years. FILE NO: Z-6726 a condition on the applicant without his in this case being to make an in -lieu Additional discussion occurred to establish that the applicant was still opposed to dedication of R.O.W. now and to paying for street improvements, and that he still felt waivers were justified, but that as a last resort if waivers weren't approved, five year deferrals would be preferred over disapproval of the C.U.P. Pastor Weaver again emphasized that the Arkansas Code did allow for waivers. Mr. Giles confirmed that the City Board could waive ordinance requirements. A motion was made to approve the application as submitted to include staff comments and recommendations, except for the comments regarding the R.O.W. and street improvement issues, and reserving the right to vote on the waivers and variances separately and individually. The motion passed by a vote of 11 ayes, 0 nays and 0 absent. A second motion was made to approve a recommendation to the City Board for a waiver of the Master Street Plan requiring the dedication of Right -of -Way adjacent to this development. The motion failed by a vote of 2 ayes, 9 nays and 0 absent. A third motion was made to approve a recommendation to the City Board for a waiver of boundary street improvement consisting of constructing half of the street improvements for the street frontage of this property. The motion failed by a vote of 3 ayes, 7 nays, 0 absent and 1 abstention by Commissioner Nunnley. A fourth motion was made to approve a variance to allow the three driveways to remain open, with the conditions of reducing the center driveway to 36 feet, striping the parking lot, and clearly marking the three driveways, all within a 6 month time period. The motion passed with a vote of 11 ayes, 0 nays and 0 absent. rl