HomeMy WebLinkAboutZ-6784 Staff AnalysisFebruary 3, 2000
ITEM NO.: A
NAME:
LOCATION:
OWNER/APPLICANT:
FILE NO.: Z-6784
Immanuel Baptist Church
501 North Shackleford Road
Immanuel Baptist, contract pending/
Pat McGetrick
PROPOSAL: To obtain a conditional use permit for
a new 19 acre church site on the
northeast corner of Mara Lynn Road and
Shackleford Road consisting of one main
worship facility with expansion space
and accompanying parking, and a future
unspecified growth area in the
southeast part of the property which is
zoned R-2, Single Family Residential.
ORDINANCE DESIGN STANDARDS:
1. SITE LOCATION:
This site is located on the Northeast Corner of the
Intersection of Shackleford Road and Mara Lynn Road.
2. COMPATIBILITY WITH NEIGHBORHOOD:
This site is Zoned R-2, Single Family Residential. It
is surrounded to the north, east and west by R-2
zoning. To the south the zoning is C-3, General
Office, and to the southwest the zoning is 0-1, Quiet
Office. There is a residential neighborhood to the
north and northwest, a school to the west, Interstate
430 to the east, and a Kroger store to the south.
This proposal would be a drastic change to the area.
The site is currently a tree -covered 19 acre green
island surrounded by development and paved areas. A
church use would be compatible with the surrounding
zones, but the size of this facility and the
congregation raise concerns as to whether this
particular proposal is compatible with this particular
site. Staff has several questions regarding
substantial issues that must be resolved prior to
February 3, 2000
ITEM NO.: A (Cont.) FILE NO.: Z-6784
being able to determine compatibility in this
instance. Those issues are listed in the "Analysis."
The Walnut Valley and the Beverly Hills Property
Owners Associations were notified of the public
hearing.
3. ON SITE DRIVES AND PARKING:
The proposal includes two driveways, one entering at
the southwest corner from Shackleford, the other
entering at the northeast corner from Breckenridge.
There are challenges in both instances which are
described in the "analysis".
The proposal is for a 2500 seat assembly area. That
would generate a parking requirement for 625 spaces,
based on a 1 for 4 ratio, including 13 handicap
accessible spaces, two of which must be van
accessible. The proposal shows 1112 parking spaces
initially, including 18 handicap accessible, and 240
additional spaces in the future. That is more than
double the ordinance requirement and considered
excessive by Staff. Part of the parking is shown to be
provided by two two-level parking garages, with access
to each level being at opposite ends of the parking
structure and at two different levels.
4. SCREENING AND BUFFERS:
The proposed areas set aside for buffers and
landscaping meet with ordinance requirements with the
exception of the proposed street buffer along
Interstate 430. The average full buffer depth in this
area required by ordinance is 32 feet. The minimum
depth with transfers is 21 feet. The average buffer
depth shown in this area only averages about 8 feet
and in areas is below the 6 foot minimum allowed at
any given point.
A 6 foot high opaque screen is required along the
north and northwest perimeters. This screen may be a
wooden fence with its face side directed outward or
dense evergreen plantings that grow to a minimum
height of 6 feet within three years.
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February 3, 2000
ITEM NO.: A (Cont.) FILE NO.: Z-6784
The City Beautiful Commission recommends preserving as
many trees as feasible on this tree covered property.
Extra credit toward fulfilling Landscape Ordinance
requirements can be given when preserving trees of 6
inch caliper or larger.
Because of the changes in grade elevations, it will be
necessary to provide cross sections showing proposed
treatments.
5. PUBLIC WORKS COMMENTS:
a. Provide Site Traffic Impact Analysis.
b. Develop realignment of intersection (Mara Lynn and
Shackleford Road intersection) to facilitate
ingress and egress to the site.
c. Provide a schematic layout of the signals at the
intersection.
d. Verify with capacity analysis that all site
intersections will operate at a minimum level of
service of "D" during the peak hour of the
generator.
e. Shackleford Road is listed on the Master Street
Plan as a collector street. Dedicate right-of-way
to 30 feet from centerline.
f. Provide cross sections of site showing cuts, fills,
retaining walls, prior to Planning Commission.
g. Property frontage needs to have the sidewalks and
ramps brought up to the current ADA standards.
h. Repair or replace any curb and gutter or sidewalk
that is damaged in the public right-of-way prior to
occupancy.
i. Stormwater detention ordinance applies to this
property.
j. Easements for proposed stormwater detention
facilities are required.
k. Private drive to Breckenridge must be approved by
Arkansas Highway Department and City of Little
Rock. (Has sign been posted on Breckenridge? Has
there been notification to Walnut Valley Church?)
1. Provide existing topographic information at maximum
five foot contour intervals, and 100 year flood
elevation is required.
m. A Sketch Grading and Drainage Plan per Sec.
29-186(e) is required.
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February 3, 2000
ITEM NO.: A (Cont.) FILE NO.: Z-6784
n. A Grading Permit per Secs. 29-186(c) and (d) is
required.
o. A Grading Permit for Special Flood Hazard Area per
Sec. 29-186(b) is required.
p. Contact the ADP&E for approval prior to start of
work is required.
q. Contact the FEMA for conditional approval prior to
start of work is required.
r. Drive across grassy flat to Breckenridge encroaches
on floodway. (140 feet wide floodway)
6. UTILITY AND FIRE DEPT. COMMENTS:
Water: An acreage charge of $300 per acre applies in
addition to normal charges. On site fire protection
will be required. Existing water line easements should
be shown on the plans. Any required relocation of
existing water facilities will be at the developer's
expense.
Wastewater: Sewer is available on site for this
project. Capacity Analysis required for this project,
contact Little Rock Wastewater Utility for details.
Any relocation of Utility mains required for this
project will be completed by the Developer at their
expense. Records show a sewer line through this
property.
Southwestern Bell: No comments received.
ARKLA: Approved as submitted.
Entergy: Right-of-way requested for 30 feet around
the entire perimeter of this property for possible 3
Phase overhead lines. Contact Entergy for more
details.
Fire Department: Contact Dennis Free, 371-3752, at
the fire department concerning placement of fire
hydrants and turning radii.
CATA: This site is near Route #5. Approved for
transit purposes.
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February 3, 2000
ITEM NO.: A (Cont.) FILE NO.: Z-6784
7. STAFF ANALYSIS:
The applicant is requesting a conditional use permit
for a new 19 acre church site on the northeast corner
of Mara Lynn Road and Shackleford Road consisting of
one main worship facility with expansion space and
accompanying parking, and a future unspecified growth
area in the southeast part of the property.
The applicant has not stated what other activities
will occur in the facility besides worship services.
Information about other types of uses in the facility
besides worship are important, such as classrooms, a
fellowship hall, day care, private school, and
recreation. These activities would impact the
frequency and the hours of use of the site and are
important factors to consider in the evaluation of the
proposal.
The proposal would take up most of the site except for
a 50 foot buffer along the north and west sides, and
initially the area left open in the southeast corner
for future development. The proposal did not state if
the 50 foot buffer would be undisturbed. Further
conversations revealed that the design is not far
enough along to know if the buffer could be left
undisturbed.
All setback requirements appear to be met, but the.
height would exceed standards. The maximum allowed
height in R-2 zoning is 35 feet and the proposed
building is about 83 feet tall with a height to the
top of the steeple proposed to be 145 feet. However,
Staff was told that these are preliminary estimated
maximums. Design is not far enough along to know for
sure. The site is currently rather hilly with contours
ranging from a low of 420 to a high of 537, with
several hills and valleys scattered throughout.
Finished contours range from 420 to 530.
Staff needs to have some idea of how the engineers
propose to place the proposed development on this site
by having cut and fill profiles and cross sections,
and retaining wall descriptions to review. Information
provided shows walls ranging from 10 to 30 feet tall.
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February 3, 2000
ITEM NO.: A (Cont.)
FILE NO.: Z-6784
We need to see how the final structures will look to
people looking into the site when it's completed by
having elevations so the impact to the surrounding
area can be assessed. The applicant needs to show how
landscaping will blend in with the various grades,
walls, cuts and overall treatment across the site
through cross sections. The applicant should explain
how the traffic from a 2500 seat church will be
managed and what impact it will have on the
surrounding area at the end of services.
Access is another major issue that also currently has
many unanswered questions. The northeast driveway will
cross interstate highway right-of-way and require the
Arkansas Highway and Transportation Department's
approval. The southwest driveway must line up with
Mara Lynn entering the opposite side of the
intersection. To do that, some sort of a joint
agreement will have to be worked out with Kroger
because to get the intersection to match with what's
already there, they will have to use part of Kroger
property. This site cannot work without two separated
access points to handle traffic for church services or
special events, and the ability to provide two is not
confirmed at this time.
Without answers to, and additional information for
most of the above issues, Staff cannot realistically
evaluate this proposal in order to provide well
developed recommendations to the Commission. These
evaluations and recommendations will be important to
the Commission as it attempts to weigh new development
against neighborhood opposition which we know exists.
8. STAFF RECOMMENDATION:
Staff believes consideration of the requested
conditional use permit to be premature at this time
due to the status of the applicant's design for this
site. Therefore, Staff recommends this application be
deferred until the applicant can answer the questions
and provide the information requested by Staff. How
long a deferral depends on the applicant determining
when they can provide the information.
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February 3, 2000
ITEM NO.: A (Cont.)
SUBDIVISION COMMITTEE COMMENTS:
FILE NO.: Z-6784
(DECEMBER 9, 1999)
Pat McGetrick was present representing the application.
Staff gave a brief description of the proposal and reviewed
the issues of concern and information needed.
The review was fairly short since the questions were
straight forward and the answers weren't readily available.
Besides the review of the issues as described in the Staff
Report, Staff emphasized that this proposal would cause a
major change to the area and the importance of firming up
the ability to provide two separated access points. Staff
also mentioned the idea of off site parking areas from
which to either bus members, or to be located close enough
to walk. The area at the east end of the I-430 pedestrian
bridge was mentioned.
There being no further points to make, the Committee
accepted the proposal and forwarded the item to the full
Commission for final action pending the receipt of the
requested information.
PLANNING COMMISSION ACTION:
(JANUARY 6, 2000)
Dr. Rex Horn, Pat McGetrick, engineer for the project, and
Muriel Lewis, architect for the project were present
representing the application. There was one other person in
favor and nine persons opposed who registered at the
hearing. Staff presented the item with a revised
recommendation for approval subject to compliance with
certain conditions.
Staff received more information between the time the
original report above was written for the Commission and
the time of this meeting. The availability of this
additional information which Staff was ready to present to
the Commission resulted in the change in Staff's
recommendation to one of approval with conditions. The
conditions recommended were as follows: 1) Comply with the
City's Landscape and Buffer Ordinances; 2) Comply with
Public Works Comments in the above report; 3) All exterior
lighting must be low intensity, directed inward and
downward to the property and not towards any residential
area; 4) Maintain, a minimum 50 foot undisturbed buffer
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February 3, 2000
ITEM NO.: A (Cont.) FILE NO.: Z-6784
along the north and west sides of the property except to
the northeast and southwest access points; 5) No excavation
permit nor building permit would be issued for this site
until all ordinance requirements are met, until State
Highway Department and the City have approved the access
road to Breckenridge, and until City requirements for the
access at the intersection of Mara Lynn and Shackleford
Road are satisfied. Staff also recommended approval of a
variance to allow the proposed height for the building and
the steeple.
Mr. Lawson, Planning and Development Director, stated that
several people had suggested that the Commission delay its
consideration of this item until Highway Department,
approval for the access to Breckenridge is obtained, until
staff receives complete detail finished drawings for the
church structure, and other detail information. He stated
that final approval and detail information is far off. He
felt that the question of use and appropriateness of the
location for this proposed church could be answered now,
and the other details could be dealt with through
conditions placed in the C.U.P. He added that one condition
would certainly be, and the church agrees, that this
proposal cannot work without the approved access to
Breckenridge. So without that road and meeting other
conditions the Commission feels are appropriate, there
would be no C.U.P., it would become void.
Commissioner Nunnley asked if any thought for limiting
future growth had been examined. He was concerned that the
church would soon be at capacity at this proposed location
and would be back in a year or two wanting to expand.
Mr. Lawson responded that this proposed church is much
larger than their existing church and it gives them a lot
of capacity. Additional services could be added to serve
many more people quickly without any building expansion.
Dr. Rex Horn, -the applicant and Pastor of Immanuel Baptist,
began by stating that the initial construction would not
use all the property and the proposed building would hold a
lot more people than the existing church. Currently their
services average 1200-1300 on Sunday and about half that on
Wednesday. Therefore, he felt the property would be
adequate into the foreseeable future, particularly since
the church membership growth is almost stagnant right now.
He continued with an explanation of factors considered in
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February 3, 2000
ITEM NO.: A (Cont.) FILE NO.: Z-6784
choosing a new site, and in particular, this site, and that
they were working diligently to address all concerns with
the intent of being good neighbors in solving the issues.
Mr. William Sutton, a Trustee of the church, spoke in favor
of the proposal and stated he felt the church had taken
responsible steps in this process and that the proposal is
sensitive to the neighborhood and addresses their concerns.
He added that the church does not want to create enemies by
moving to this location.
Russell Lemond, President of the Walnut Valley Homes
Association, began the opposition presentation. He showed
several slides showing streets in the area covered with
traffic, and the proposed site as it is now. He touched on
several issues: existing traffic; size of the streets
around the site; the fact that this land is state owned and
that not developing it would not affect a developer's
investment; the huge size of a 20 acre church complex; and,
how the area had already been changed and affected in the
past ten years as shown by an aerial photo. In his view,
the only "pro" for this project is it would be better than
a commercial site. The "cons" included the following: the
proposed church's size would have a commercial type of
impact on Walnut Valley and West Little Rock; the nature
and impact of the access road to Breckenridge; the impact
of decreasing options for the Highway Department to use
this area to help alleviate the congestion at the
intersection of I-630 & I-430; this size of church would be
beyond the scope envisioned when the ordinance included a
church as an allowed conditional use in a residential zoned
area; there is no room to expand Shackleford north of this
site and it already carries a traffic volume daily that is
larger than many 4 -lane roads in the City; and there are
too many unanswered questions of how this site would be
developed at this point. He concluded with the point that
he felt this project would be like trying to put a large
square peg in a small round hole. With a visual
demonstration he showed how that doesn't work.
Patricia Keightley spoke in opposition mainly because she
felt the project would result in a decrease in property
values to all adjoining property. Jacqueline Wright was
opposed because she felt the access road to Breckenridge
would increase an existing traffic problem there. She felt
that problem results in part from the Bible Church which is
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February 3, 2000
ITEM NO.: A (Cont.)
FILE NO.: Z-6784
located close to where the access road would enter
Breckenridge. The two churches would have similar high
traffic times. She also felt that the appropriate
development for the site is only single family which would
match its current zoning. Rich Livdahl spoke in opposition
because he felt it would have a negative impact on traffic,
health and safety. His issues included backup of water
which already occurs at the intersection of Mara Lynn and
Shackleford during storms, and the negative visual impact
of such a large building. Gary Barnett spoke in opposition
emphasizing the negative affects of noise, congestion,
dirt, run-off, etc., he felt would occur during the
construction phase, in addition to the impacts of the
finished church.
Commissioner Rahman stated that he felt he did not have all
the information he needed to make a decision. He wanted
the Commissioners to have a chance to review the traffic
study, and to receive an answer about the issue of approval
of the access road to Breckenridge which was such an
integral part of the project working. Mr. Lawson responded
that all the information won't be developed to the degree
he was asking for unless the City says the use is approved.
Then the church would still have to be able to meet all the
conditions the Commission included in the C.U.P. or it
would become void.
Commissioner Lowry stated that he was astounded that the
Commission was not asked to defer this item based on the
amount of missing information. He felt that since the
traffic study, which he sees as an important part of the
information needed to make a decision, was just received
and that the Commissioners hadn't had an opportunity to see
it, plus the amount of other missing information was reason
to defer.
Mr. Lawson responded that much of the information the
Commissioners want is what Staff would like to present to
them tonight.
Commissioner Hawn commented that he preferred to have
reports given to him so he could read them himself, rather
than trying to have all the information presented during
the Commission hearing. He then made a motion to defer the
item.
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February 3, 2000
ITEM NO.: A (Cont.
FILE NO.: Z-6784
During discussion about the motion, Commissioner Downing
had several questions also about missing information that
he felt he needed to be able to decide if this request was
appropriate for this location.
Mr. Lawson responded that Staff was trying to answer many
of those questions, but the Commission wasn't allowing the
information available to be presented.
Dr. Horn responded, when asked by the Chair; that they were
not in favor of a deferral. He felt they had the people
present to respond to the questions the Commissioners were
asking, plus a deferral to February 17 would push them past
a deadline they had in regard to the contract to purchase.
A vote was taken on the motion to defer. It failed by a
vote of 2 ayes, 8 nays, 1 absent. Discussion continued.
Greg Simmons of Peters & Associates Engineers presented the
traffic study. They gathered their data on Sunday during
times they felt would be maximum peak times. He explained
in general the methodology they used to conduct their
study, and the recommendations to improve the flow. The
resulting conclusion was that the intersection at Mara Lynn
and Shackleford would operate at an acceptable level "C"
with the suggestions in place during the entering peak
period on Sunday morning. That would be a drop from level
"B" that it currently operates at during those times. The
exiting peak period would operate at level "D". He added
that level "D" is an accepted design level for traffic
engineers at peak periods. When looking at the other access
from Breckenridge, they assumed a 36 foot wide, three lane
road, and that only 25% of the traffic would flow to and
from that direction. Their conclusion was that intersection
would operate at level "B" with only "Stop Sign Control" at
both the entering and exiting peak periods on Sunday
mornings.
Commissioner Nunnley asked if the traffic analysis for the
access road to Breckenridge included the Bible Church
traffic. The answer was yes. He added that when that church
is in session, people park along the street to such a
degree that you have only one lane open. More traffic
through there would add to an existing problem.
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February 3, 2000
ITEM NO.: A (Cont.)
FILE NO.: Z-6784
Commissioner Rahman asked about the impact the church would
have on Wednesday night traffic. Mr. Simmons responded that
was not studied because it was considered to be less than
on Sunday. When asked to estimate the current level of
service on Wednesday evenings at Mara Lynn and Shackleford,
Mr. Simmons responded he would estimate it to be level "B"
or at worst a "C".
Commissioner Nunnley commented that he lives near the
current Immanuel Church site and that the impact of the
church traffic during week nights is negligible.
Commissioner Berry mentioned the point that he felt it
would be very helpful for the neighborhood to see for
comparison what the impact would be if a retail or some
other commercial development moved into this site. He felt
the state will sell this property and it could be to a
commercial developer.
Commissioner Lowry asked Dr. Horn what he would expect his
growth to be over the next ten years. He replied he would
hope it would grow to 2000. Then in reply to the
Commissioner's follow on question, Mr. Simmons replied that
their study was based on the traffic estimated to be
generated from the full 2500 seat capacity, not a smaller
number.
Commissioner Hawn asked Dr. Horn what efforts he had made
to be a good neighbor to Walnut Valley so far. His response
was that he had offered the following to the neighborhood:
children's summer programs and basketball leagues, making
the family life center available to the neighborhood,
including having one night a month when the neighborhood
association could use the facilities free of charge, making
a contribution to the Walnut Valley park, working with the
neighbors regarding buffers and the impact of the access
road to Breckenridge, self-defense classes for women, and
senior adult activities and lunches.
Commissioner Berry commented on what he saw as an excessive
amount of parking since they have proposed about twice the
amount required by City ordinance. He felt that should be
cut down and then provide more buffer between the
residential area.
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February 3, 2000
ITEM NO.: A (Cont.)
FILE NO.: Z-6784
Commissioner Faust pointed out that the ordinance states
that the Commission's charge is to review the compatibility
of a proposed conditional use with the area, and review the
measures being taken to protect the integrity of the
neighborhood. She continued that she had problems with the
compatibility that this large a church on this plot of land
would have in the close proximity with the established
neighborhood. She still had many questions before she could
decide. Her questions included how the church would look
in place, and what would King's Mountain look like after
the church was built. She felt elevations and cross-
sections could help answer those two questions. She also
felt the site was over parked.
Commissioner Rahman called upon Mark McGee to state his
concerns. He stated that he was concerned that the traffic
study data was gathered on December 19, 1999, which was
during Christmas break when many people were out of town
and schools were not in session. Also he was concerned over
the church adding a school later which would increase
traffic every weekday that the school was in session.
Commissioner Berry called upon Lisa Ring to add her
comments. She was concerned that when the traffic data was
gathered, Terry School across the street from the proposed
site was not in session, and she hadn't heard the school
mentioned during the discussion. She felt that some of the
school traffic would change the results because they have
after school programs that let out at the same times the
church would be having evening activities and Wednesday
evening services. She felt that this was not the place for
this big of a church, that there's too much in that area
already.
Commissioner Berry made the point that if the church wanted
to add a school in the future, they would have to come back
before the Commission to modify their C.U.P.. Mr. Lawson
added that the application does not ask for a school or any
day care, it's just for the church and "family life"
functions, and that would be all that would be allowed
without coming back before the Commission.
Mr. Lawson responded to the question of drainage by calling
upon Bob Turner, Acting Public Works Director. Mr. Turner
called up the project engineer, Pat McGetrick to review
what they would do to meet ordinance requirements. Mr.
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February 3, 2000
ITEM NO.: A (Cont.) FILE NO.: Z-6784
McGetrick stated that in redoing the intersection at Mara
Lynn and Shackleford, they would be reworking the drainage
to handle the run-off from the church site, and thereby
reducing existing problems too. He added that they would
meet City requirements for on site water detention and
discharge from the site. He added that the worst cuts
currently anticipated were 25-30 feet in 10-15% of the
site.
Commissioner Downing asked more questions of Mr. McGetrick
regarding the buffers to the residential areas north and
west. Mr. McGetrick replied that the buffer along the north
varies from 60 to 100 feet from the proposed paved area.
Muriel Lewis, architect for the project, added that along
the west side the buffer between the property line and the
paved area would be 40-45 feet. In both buffer areas they
plan to add additional evergreens before construction
begins to help provide a denser visual and sound buffer
right from the beginning. Mr. Lewis explained the concept
of the building and how it would fit in with the grades.
The result would be that there would be at most two floors
above grade and the parking areas would follow the grades
as much as possible.
Commissioner Rahman stated he still needed more information
before he could make a decision. He wanted to see a traffic
study that included the time frame when school is open,
including Wednesday nights, along with the "worse"
conditions, and what the traffic would be like with a
residential R-2 development on this site. He also wanted to
see cross-sections and elevations.
Commissioner Berry requested that traffic model impacts be
provided for other types of development on the site such as
office, commercial, and multifamily.
Commissioner Faust made the point that if the neighborhoods
want to preserve green space, probably a way to do it is
through City parks or through the neighborhood associations
themselves buying land in order to preserve it as green
space.
Commissioner Rector added that information needed for the
deferred meeting should include, besides traffic studies
and elevations, increased buffer considerations and why the
requested amount of parking is needed.
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February 3, 2000
ITEM NO.: A (Cont.) FILE NO.: Z-6784
A motion was made to defer the application to a special
meeting to be held on February 3, 2000. The motion passed
by a vote of 10 ayes, 0 nays and 1 absent.
STAFF UPDATE:
A revised site plan for the proposed new Immanuel Baptist
Church was provided to Staff on January 24, 2,000. The
following information summarizes the major.changes in that
plan. The green buffer area'to the north and northwest
would be increased to a minimum of 100 feet, with 75 feet
of the northern buffer and about 30 feet of the
northwestern buffer remaining undisturbed. The building
roof peak height above grade would be about 90 feet on the
north side and the building would be approximately 130 feet
further to the south than originally proposed. The steeple
height above grade on the north side would be about 145
feet, or 55 feet above the roof peak. The two-level
parking deck would be used only on the north side of the
building, and one of those levels would still be below
grade. The south parking area would be at grade and be
sloped down to about the same level as the Kroger parking
lot on the south side. The future additional building that
had been shown in the southeast portion of the property,
has been removed and replaced with at -grade parking. The
proposed total parking has been reduced from 1352 to 1204
spaces. (The ordinance minimum requirement is 625 spaces.)
The long parking area originally proposed along the entire
Shackleford Road frontage has been removed. There would be
a few spaces in the general area of the front entrance
which still faces Shackleford Road. The footprint of the
building would be a little longer running east/west, but
smaller running north/south.
PLANNING COMMISSION ACTION:
(FEBRUARY 3, 2000)
Dr. Rex Horn, Pastor of Immanuel Baptist; Jim Erwin, church
representative; Muriel Lewis, project architect; Gregg
Simmons, Peters Associates Engineers; and Pat McGetrick,
project engineer, were present representing the application.
There were 6 registered objectors, 1 registered proponent,
and one person registered as "not opposed", who were present.
Staff presented the item with a revised project proposal and
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February 3, 2000
ITEM NO.: A (Cont.) FILE NO.: Z-6784
with a recommendation for approval subject to compliance with
the conditions listed above in the January 6 Planning
Commission Action minutes. Condition 4 has been changed to
read:
"Maintain a minimum 100 foot buffer on both the
north and west sides, with 75 feet of the north
buffer and 30 feet of the west buffer remaining
undisturbed."
The revised proposal is: To obtain a conditional use permit
for a new 19 acre church site on the northeast corner of
Mara Lynn Road and Shackleford Road, consisting of one main
church facility with accompanying parking, 100 foot buffers
on both the north and west -.sides, and access to
Breckenridge Drive and the' intersection of Mara Lynn and
Shackleford Roads. The property is zoned R-2, Single Family
Residential." The changes made were to drop the request for
expansion space on the east side of the main building, to
drop the future unspecified growth area in the southeast
part of the property, and to increase the buffers to 100
feet on the north and west sides.
The major changes in the proposed project were presented by
Staff as follows: increased buffers from 50 to 100 feet on
the north and west sides of the property, with 75 feet of
the north buffer and 30 feet of the west buffer remaining
undisturbed; a two level parking deck would be used only on
the north side of the building; the south side parking lot
would be at grade and larger than originally proposed; the
additional building on the southeast portion of the
property was deleted; total parking was reduced from 1352
to 1204 spaces and would be built in two phases, with phase
one containing 850 spaces. Phase 1 parking would include
all the north side parking area and about one-half of the
total south parking area closest to the building.
Staff also advised the Commission that since the January 6
meeting, an additional letter- and two phone calls were
received in opposition to the proposal. A copy of the
letter had been given to each Commissioner. The main
concerns expressed in the phone calls were traffic and a
negative impact on the adjoining property.
Muriel Lewis showed a drawing and reviewed the changes made
to the site plan in response to Staff and neighborhood
16
February 3, 2000
ITEM NO.: A (Cont.
FILE NO.: Z-6784
concerns. He pointed out the following changes on the
drawing: the building was moved to the south and east; a
minimum of 100 foot buffers were left on the north and
west; he described that the north side parking deck had
been moved 126 feet south,and how it would be built
partially into the ground and not be very visible; he
stated the majority of the parking was now proposed on the
south side of the building and property; the building
height was lowered 5 feet and it had a narrower profile
from the east and west views. Mr. Lewis referred to a
letter from the State Highway Department that had been
given to the Commissioners which stated that the proposed
access road to Breckenridge across Interstate 43Q right-of-
way appeared feasible, but final approval authority would
lie with the Federal Highway Administration. Mr. Lewis also
explained that the access road to Breckenridge would have
evergreen trees planted along it to buffer it from the
houses in that area.
Mr. Gregg Simmons, from Peters and Associates Engineers,
presented the supplemental traffic study results. He stated
the additional data results showed that Wednesday evenings
would have a level of service `B' at both access points,
Breckenridge and Mara Lynn/Shackleford; (this included an
assumption that the service would have about 60% of the
number of people that come on Sunday morning). They also
found that the alternative development scenarios of a 380
unit multi -family, 200,000 square foot office, and 152,000
square foot commercial development, would all operate at
level of service `D' at both the a.m. and the p.m. peak
volumes five days a week.
Pat McGetrick explained the cuts into existing grades that
would result from the proposed project. They would be as
follows: north side, virtually none; northwest corner would
be cut 25 to 28 feet; the ridge in the middle of the
property where the church building would be located would
be cut 35 foot; they deleted the proposed retaining walls
along Shackleford and replaced them with graded 4 to 1
slopes; and there would be 3.5 foot maximum cuts in the
area where the road would go out to Breckenridge.
Curtis Thomas, retired executive pastor for the Bible
Church of Little Rock on Breckenridge, asked that something
be placed in writing or as a condition in the C.U.P. that
17
February 3, 2000
ITEM NO.: A (Cont.) FILE NO.: Z-6784
if traffic becomes a larger problem due to Immanuel Baptist
that it would be worked out.
Russell Lemond, President of the Walnut Valley Homeowners
Association, stated that the Association had reached an
agreement with Immanuel Baptist Church regarding the
development of the proposed site. While they would prefer
the site not be developed at all, they had reached a
compromise that they would not oppose the development if
the church agreed to four points as follows: 1) there would
be a restricted use covenant between Walnut:Valley Property
Owners Association and Immanuel Baptist Church regarding
restrictions on the use of the new access road to
Breckenridge and protection against encroachment into the
agreed to buffer zones; 2) Immanuel Baptist would provide
to Walnut Valley Property Owners Association a contractor's
construction time line and keep Walnut Valley Association
appraised of pre -construction plans; 3) Immanuel Baptist
would provide a plan for two way communication during the
construction project; 4) the new access road to
Breckenridge would be constructed last contingent upon
requirements that might be imposed by outside entities such
as the City of Little Rock, Arkansas Highway Department,
Federal Highway Authority, or the impact of project cost.
Mr. Lemond commented about other issues which he felt if
the request was approved, needed to be addressed between
the church and the City as follows: a detailed hydrology
study to address how water control and runoff during and
after construction will affect the area where the plans
call for the site to be drained to an area that lies within
a floodplain; second, how the rebuilding of the
intersection at Mara Lynn and Shackleford would impact an
already bad `F' rated intersection at Markham and
Shackleford, as well as traffic flow on Shackleford north
of this intersection; third, ensure there is a serious look
at other alternatives to the proposed access road to
Breckenridge in conjunction with Highway Department plans
to relieve problems where I-630, I-430 and Shackleford
intersect.
Five people spoke in opposition. Mary Zehr was concerned
about the negative impact on Breckenridge traffic flow
which she felt was already bad when the Bible Church has
services or events, and the worsening of identified traffic
problems at Markham and Shackleford. Cynthia Hester was
18
February 3, 2000
ITEM NO.: A (Cont.) FILE NO.: Z-6784
concerned that this development would decrease her property
value, increase an existing water run-off drainage problem,
and she wanted to be sure the buffers are maintained. Ruth
Bell expressed that the League of Women Voters was
concerned that this proposal would increase traffic
problems, and that the right-of-way for the private access
road to Breckenridge should be used for a public access
road all along I-430 to pull traffic away from the
residential streets. Susan McGee stated one of the more
attractive aspects of this City 5 years ago was the green
areas and beautiful trees. This was one of the last green
areas around. She was very disappointed to find out that
talk of preserving green areas and even turning this area
into a park was all political rhetoric. Bernice Van Sickel
was concerned over increased traffic on North Shackleford
where she lives, and she felt that this development would
decrease her property value.
Jim Lawson, Planning & Development Director, responded to
some of the concerns raised. He stated that Immanuel
Baptist is planning to hire a police officer to direct
traffic on Breckenridge at the access road when the access
road would be open. Bob Turner, Public Works Director,
stated that the proposed access road would make it
necessary to prohibit parking along Breckenridge in this
area. Mr. Turner also stated that they would be looking
closely at the impacts of this project on the floodplain
along Breckenridge to make sure it was handled according to
City standards.
Commissioner Nunnley raised a question regarding his
concern about the way the hearing was proceeding, and that
he felt that Mr. Lawson was coming across as an advocate
for the project. Mr. Lawson responded that he was simply
trying to answer the concerns raised and that he was not
advocating the project.
Commissioner Downing asked about other levels of review
necessary where the access road would transit the flood
plain area near Breckenridge. Mr. McGetrick responded that
they would have to meet City, State and Federal Highway
Department, Corp of Engineers and FEMA requirements for
construction in the floodplain. Commissioner Downing also
had Mr. McGetrick explain what they would do through this
project to help the drainage problems in front of the
Kroger store. Mr. McGetrick explained that on site water
19
February 3, 2000
ITEM NO.: A (Cont.) FILE NO.: Z-6784
detention and drainage management would actually reduce the
run-off to the intersection of Mara Lynn and Shackleford
from this property, and that when they rework the
intersection to integrate the access to the church site,
measures would be taken to lesson the existing drainage
problems. Commissioner Downing concluded with the point
that this project may improve the drainage problem at the
intersection, but it would not eliminate it completely, nor
would the applicant be required to totally eliminate that
problem.
Commissioner Ernest asked about any effort to make a land
swap between the City and State to preserve this property
as open space. Mr. Lawson stated that according to Bryan
Day, City Parks Director, the idea had been considered but
fell through, and that there were no plans to do that now.
Commissioner Lowry asked Mr. Turner about the impact of
this project on the drainage problem at the intersection of
Mara Lynn and Shackleford. Mr. Turner verified that the
project cannot worsen the current situation and probably
would improve the situation. Commissioner Lowry asked Mr.
Simmons about the impact of this site on traffic at
Shackleford and Breckenridge, and Shackleford and Markham.
Mr. Simmons stated that they did not study those particular
intersections, but he agreed that church traffic would have
some impact at those two locations. He also noted that the
church's highest peak on Sunday morning was not the peak at
Shackleford and Markham, and that the Wednesday evening
inbound church traffic would occur towards the end of the
peak at Markham and Shackleford, and that the outbound
traffic would be after the peak at that intersection. Bill
Henry, City Traffic Engineer, stated that he felt the
church traffic would not add to the peak problems at
Markham and Shackleford because of the timing of their
services. He added that the worst peak level of service `D'
at Mara Lynn and Shackleford was an acceptable design level
in an urban area.
Commissioner Nunnley asked if an environmental impact study
was required for this proposal, to which Mr. Turner
responded no. To the Commissioner's questions of would the
church be renting out their facilities and would they
schedule religious concerts there, Dr. Horn responded he
does not plan to rent out the facilities and concerts would
occur only during special seasons like Christmas, and that
20
February 3, 2000
ITEM NO.: A (Cont.)
FILE NO.: Z-6784
would occur only on Sunday. The Commissioners also asked
about the decision that a level of service `D' would be
acceptable when the next intersection, Markham and
Shackleford, has been labeled as one of the most accident
prone intersections in Little Rock. Mr. .Simmons responded
that is the industry's acceptable design level of service
for an urban intersection.
Commissioner Rahman commented on the fact that the
ordinance lists a church as an acceptable conditional use
in an R-2 zoned area, but that he believed.that the concept
of a church at the time that was included in the ordinance
was different than what this proposal represents. He
believed that the size of this church would have a
detrimental effect on the area... He also asked why there was
any concern about it being developed as an office or
commercial site when it's zoned R-2. Mr. Lawson responded
that the State owns the land and could put anything they
want on it, including an office building, without getting
approval from the City. The State put the walkway over the
interstate originally with the thought in mind that there
would be another state office building on this site, but
they have never put one there. Staff's position is that
this site will not be left as open space or be developed
for residential use, but it will be developed. The City has
no plan to, nor can they afford to, buy the land and
develop it as a park. Therefore, staff believes the church
would be acceptable and the preferred use.
Commissioner Rector commented on statements that this is
zoned R-2 and should be developed that way. He said he felt
that a full development of this property with residential
houses would actually have a larger negative impact on
traffic than the church would, based on trips generated and
the timing of those trips.
Commissioner Faust asked if the landscaping proposed for
this site would correspond with the new proposed landscape
ordinance. Mr. Lewis responded that the proposed
landscaping would exceed what the currently proposed
landscape ordinance would require.
Commissioner Ernest disputed the statement that this site
could not be park land. He stated that there are ways
through the political process and through the state
legislature to see about securing this site for park use.
21
February 3, 2000
ITEM NO.: A (Cont.)
FILE NO.: Z-6784
Commissioner Berry asked that the phased parking be better
defined and asked if the area left for phase two would be
left undisturbed until its construction.
Commissioners Faust and Downing stated they felt the basic
question was, would the church be an appropriate use at
this proposed site, and would it be compatible without
causing an adverse affect on the surrounding property. They
both felt traffic was not the overriding question.
Commissioner Downing asked Russell Lemond if the
neighborhood felt residential development would be better
than the proposed church or that the church would be the
best use for this property.; Mr-.- Lemond responded that the
association would prefer the site remain undeveloped and
that they hadn't looked at residential development since
that wasn't the proposal.
Commissioner Muse asked Dr. Horn if they had considered
alternate sites. Dr. Horn stated that they had looked at
other sites but were trying to stay as close to downtown
Little Rock as possible, maintain ministries in town and be
more centrally located to the bulk of church members. They
did not want to go way out on Chenal or Highway 10, so they
didn't look at sites out there.
Commissioner Berry said he felt this was a case of infill
development and that the church would be a more benign use
and would be appropriate for this site, and that the church
has taken measures to mitigate impacts. He felt traffic
will be a problem there no matter what.
Commissioner Nunnley asked that they take a 5 minute recess
before voting to take a breather and have a moment to think
about it. The other Commissioners agreed.
After the recess Vice Chair Berry commented that either
party could appeal the outcome to the Board of Directors
within 30 days.
Commissioner Rector asked Mr. Erwin to clarify a statement
he made earlier regarding who bid on this site with the
church. He stated that all the bidders bid on the property
as though it were zoned R-2, but none of them were
residential developers. All of them were speculators
22
February 3, 2000
ITEM NO.: A (Cont.) FILE NO.: Z-6784
attempting to buy the property to do something else with
it. None of the bidders intended to try to develop the site
with single family residential houses. He added that the
State's minimum bid was such that there was no way you
could sell it at a.price to justify residential
development.
Commissioner Muse commented that he would vote for the
proposal for two main reasons. One was to help keep this
church from moving farther out west. The second was that he
felt that this development would have the least amount of
impact as far as traffic was concerned. He also wanted the
neighborhood's four points of agreement made with the
church and stated by Mr. Lemond to be made part of any
approved C.U.P. Dr. Horn affirmed that the points read by
Mr. Lemond were correct.
A motion was made to approve the application as submitted
to include staff comments and recommendations, the drawing,
the phased parking, and the four points of agreement made
between the Property Owners Association and the church as
stated by Mr. Lemond. The motion passed by a vote of
6 ayes, 3 nays and 2 absent.
23
FILE NO.: Z-6784
NAME: Immanuel Baptist Church
LOCATION: 501 North Shackleford Road
OWNER/APPLICANT:
Immanuel Baptist, contract pending/
Pat McGetrick
PROPOSAL: To obtain a conditional use permit for
a new 19 acre church site on the
northeast corner of Mara Lynn Road and
Shackleford Road consisting of one main
worship facility with expansion space
and accompanying parking, and a future
unspecified growth area in the
southeast part of the property which is
zoned R-2, Single Family Residential.
ORDINANCE DESIGN STANDARDS:
1. SITE LOCATION:
This site is located on the Northeast Corner of the
Intersection of Shackleford Road and Mara Lynn Road.
2. COMPATIBILITY WITH NEIGHBORHOOD:
This site is Zoned R-2, Single Family Residential. It
is surrounded to the north, east and west by R-2
zoning. To the south the zoning is C-3, General
Office, and to the southwest the zoning is 0-1, Quiet
Office. There is a residential neighborhood to the
north and northwest, a school to the west, Interstate
430 to the east, and a Kroger store to the south.
This proposal would be a drastic change to the area.
The site is currently a tree -covered 19 acre green
island surrounded by development and paved areas. A
church use would be compatible with the surrounding
zones, but the size of this facility and the
congregation raise concerns as to whether this
particular proposal is compatible with this particular
site. Staff has several questions regarding
substantial issues that must be resolved prior to
FILE NO.: Z-6784 (Cont.
being able to determine compatibility in this
instance. Those issues are listed in the "Analysis."
The Walnut Valley and the Beverly Hills Property
Owners Associations were notified of the public
hearing.
3. ON SITE DRIVES AND PARKING:
The proposal includes two driveways, one entering at
the southwest corner from Shackleford, the other
entering at the northeast corner from Breckenridge.
There are challenges in both instances which are
described in the "analysis".
The proposal is for a 2500 seat assembly area. That
would generate a parking requirement for 625 spaces,
based on a 1 for 4 ratio, including 13 handicap
accessible spaces, two of which must be van
accessible. The proposal shows 1112 parking spaces
initially, including 18 handicap accessible, and 240
additional spaces in the future. That is more than
double the ordinance requirement and considered
excessive by Staff. Part of the parking is shown to be
provided by two two-level parking garages, with access
to each level being at opposite ends of the parking
structure and at two different levels.
4. SCREENING AND BUFFERS:
The proposed areas set aside for buffers and
landscaping meet with ordinance requirements with the
exception of the proposed street buffer along
Interstate 430. The average full buffer depth in this
area required by ordinance is 32 feet. The minimum
depth with transfers is 21 feet. The average buffer
depth shown in this area only averages about 8 feet
and in areas is below the 6 foot minimum allowed at
any given point.
A 6 foot high opaque screen is required along the
north and northwest perimeters. This screen may be a
wooden fence with its face side directed outward or
dense evergreen plantings that grow to a minimum
height of 6 feet within three years.
2
FILE NO.: Z-6784 (Cont.
The City Beautiful Commission recommends preserving as
many trees as feasible on this tree covered property.
Extra credit toward fulfilling Landscape Ordinance
requirements can be given when preserving trees of 6
inch caliper or larger.
Because of the changes in grade elevations, it will be
necessary to provide cross sections showing proposed
treatments.
5. PUBLIC WORKS COMMENTS:
a. Provide Site Traffic Impact Analysis.
b. Develop realignment of intersection (Mara Lynn and
Shackleford Road intersection) to facilitate
ingress and egress to the site.
c. Provide a schematic layout of the signals at the
intersection.
d. Verify with capacity analysis that all site
intersections will operate at a minimum level of
service of "D" during the peak hour of the
generator.
e. Shackleford Road is listed on the Master Street
Plan as a collector street. Dedicate right-of-way
to 30 feet from centerline.
f. Provide cross sections of site showing cuts, fills,
retaining walls, prior to Planning Commission.
g. Property frontage needs to have the sidewalks and
ramps brought up to the current ADA standards.
h. Repair or replace any curb and gutter or sidewalk
that is damaged in the public right-of-way prior to
occupancy.
i. Stormwater detention ordinance applies to this
property.
j. Easements for proposed stormwater detention
facilities are required.
k. Private drive to Breckenridge must be approved by
Arkansas Highway Department and City of Little
Rock. (Has sign been posted on Breckenridge? Has
there been notification to Walnut Valley Church?)
1. Provide existing topographic information at maximum
five foot contour intervals, and 100 year flood
elevation is required.
m. A Sketch Grading and Drainage Plan per Sec.
29-186(e) is required.
n. A Grading Permit per Secs. 29-186(c) and (d) is
required.
3
FILE NO.: Z-6784 (Cont.
o. A Grading Permit for Special Flood Hazard Area per
Sec. 29-186(b) is required.
p. Contact the ADP&E for approval prior to start of
work is required.
q. Contact the FEMA for conditional approval prior to
start of work is required.
r. Drive across grassy flat to Breckenridge encroaches
on floodway. (140 feet wide floodway)
6. UTILITY AND FIRE DEPT. COMMENTS:
Water: An acreage charge of $300 per acre applies in
addition to normal charges. On site fire protection
will be required. Existing water line easements should
be shown on the plans. Any required relocation of
existing water facilities will be at the developer's
expense.
Wastewater: Sewer is available on site for this
project. Capacity Analysis required for this project,
contact Little Rock Wastewater Utility for details.
Any relocation of Utility mains required for this
project will be completed by the Developer at their
expense. Records show a sewer line through this
property.
Southwestern Bell: No comments received.
AR.FLA: Approved as submitted.
Entergy: Right-of-way requested for 30 feet around
the entire perimeter of this property for possible 3
Phase overhead lines. Contact Entergy for more
details.
Fire Department: Contact Dennis Free, 371-3752, at
the fire department concerning placement of fire
hydrants and turning radii.
LATA: This site is near Route #5. Approved for
transit purposes.
7. STAFF ANALYSIS:
The applicant is requesting a conditional use permit
for a new 19 acre church site on the northeast corner
of Mara Lynn Road and Shackleford Road consisting of
4
FILE NO.: Z-6784 (Cont.
one main worship facility with expansion space and
accompanying parking, and a future unspecified growth
area in the southeast part of the property.
The applicant has not stated what other activities
will occur in the facility besides worship services.
Information about other types of uses in the facility
besides worship are important, such as classrooms, a
fellowship hall, day care, private school, and
recreation. These activities would impact the
frequency and the hours of use of the site and are
important factors to consider in the evaluation of the
proposal.
The proposal would take up most of the site except for
a 50 foot buffer along the north and west sides, and
initially the area left open in the southeast corner
for future development. The proposal did not state if
the 50 foot buffer would be undisturbed. Further
conversations revealed that the design is not far
enough along to know if the buffer could be left
undisturbed.
All setback requirements appear to be met, but the
height would exceed standards. The maximum allowed
height in R-2 zoning is 35 feet and the proposed
building is about 83 feet tall with a height to the
top of the steeple proposed to be 145 feet. However,
Staff was told that these are preliminary estimated
maximums. Design is not far enough along to know for
sure. The site is currently rather hilly with contours
ranging from a low of 420 to a high of 537, with
several hills and valleys scattered throughout.
Finished contours range from 420 to 530.
Staff needs to have some idea of how the engineers
propose to place the proposed development on this site
by having cut and fill profiles and cross sections,
and retaining wall descriptions to review. Information
provided shows walls ranging from 10 to 30 feet tall.
We need to see how the final structures will look to
people looking into the site when it's completed by
having elevations so the impact to the surrounding
area can be assessed. The applicant needs to show how
landscaping will blend in with the various grades,
walls, cuts and overall treatment across the site
through cross sections. The applicant should explain
5
FILE NO.: Z-6784 (Cont.)
how the traffic from a 2500 seat church will be
managed and what impact it will have on the
surrounding area at the end of services.
Access is another major issue that also currently has
many unanswered questions. The northeast driveway will
cross interstate highway right-of-way and require the
Arkansas Highway and Transportation Department's
approval. The southwest driveway must line up with
Mara Lynn entering the opposite side of the
intersection. To do that, some sort of a joint
agreement will have to be worked out with Kroger
because to get the intersection to match with what's
already there, they will have to use part of Kroger
property. This site cannot work without two separated
access points to handle traffic for church services or
special events, and the ability to provide two is not
confirmed at this time.
Without answers to, and additional information for
most of the above issues, Staff cannot realistically
evaluate this proposal in order to provide well
developed recommendations to the Commission. These
evaluations and recommendations will be important to
the Commission as it attempts to weigh new development
against neighborhood opposition which we know exists.
8. STAFF RECOMMENDATION:
Staff believes consideration of the requested
conditional use permit to be premature at this time
due to the status of the applicant's design for this
site. Therefore, Staff recommends this application be
deferred until the applicant can answer the questions
and provide the information requested by Staff. How
long a deferral depends on the applicant determining
when they can provide the information.
SUBDIVISION COMMITTEE COMMENTS: (DECEMBER 9, 1999)
Pat McGetrick was present representing the application.
Staff gave a brief description of the proposal and reviewed
the issues of concern and information needed.
The review was fairly short since the questions were
straight forward and the answers weren't readily available.
6
FILE NO.: Z-6784 (Cont.
Besides the review of the issues as described in the Staff
Report, Staff emphasized that this proposal would cause a
major change to the area and the importance of firming up
the ability to provide two separated access points. Staff
also mentioned the idea of off site parking areas from
which to either bus members, or to be located close enough
to walk. The area at the east end of the I-430 pedestrian
bridge was mentioned.
There being no further points to make, the Committee
accepted the proposal and forwarded the item to the full
Commission for final action pending the receipt of the
requested information.
PLANNING COMMISSION ACTION: (JANUARY 6, 2000)
Dr. Rex Horn, Pat McGetrick, engineer for the project, and
Muriel Lewis, architect for the project were present
representing the application. There was one other person in
favor and nine persons opposed who registered at the
hearing. Staff presented the item with a revised
recommendation for approval subject to compliance with
certain conditions.
Staff received more information between the time the
original report above was written for the Commission and
the time of this meeting. The availability of this
additional information which Staff was ready to present to
the Commission resulted in the change in Staff's
recommendation to one of approval with conditions. The
conditions recommended were as follows: 1) Comply with the
City's Landscape and Buffer Ordinances; 2) Comply with
Public Works Comments in the above report; 3) All exterior
lighting must be low intensity, directed inward and
downward to the property and not towards any residential
area; 4) Maintain a minimum 50 foot undisturbed buffer
along the north and west sides of the property except to
the northeast and southwest access points; 5) No excavation
permit nor building permit would be issued for this site
until all ordinance requirements are met, until State
Highway Department and the City have approved the access
road to Breckenridge, and until City requirements for the
access at the intersection of Mara Lynn and Shackleford
Road are satisfied. Staff also recommended approval of a
variance to allow the proposed height for the building and
the steeple.
VA
FILE NO.: Z-6784 (Cont.)
Mr. Lawson, Planning and Development Director, stated that
several people had suggested that the Commission delay its
consideration of this item until Highway Department
approval for the access to Breckenridge is obtained, until
staff receives complete detail finished drawings for the
church structure, and other detail information. He stated
that final approval and detail information is far off. He
felt that the question of use and appropriateness of the
location for this proposed church could be answered now,
and the other details could be dealt with through
conditions placed in the C.U.P. He added that one condition
would certainly be, and the church agrees, that this
proposal cannot work without the approved access to
Breckenridge. So without that road and meeting other
conditions the Commission feels are appropriate, there
would be no C.U.P., it would become void.
Commissioner Nunnley asked if any thought for limiting
future growth had been examined. He was concerned that the
church would soon be at capacity at this proposed location
and would be back in a year or two wanting to expand.
Mr. Lawson responded that this proposed church is much
larger than their existing church and it gives them a lot
of capacity. Additional services could be added to serve
many more people quickly without any building expansion.
Dr. Rex Horn, the applicant and Pastor of Immanuel Baptist,
began by stating that the initial construction would not
use all the property and the proposed building would hold a
lot more people than the existing church. Currently their
services average 1200-1300 on Sunday and about half that on
Wednesday. Therefore, he felt the property would be
adequate into the foreseeable future, particularly since
the church membership growth is almost stagnant right now.
He continued with an explanation of factors considered in
choosing a new site, and in particular, this site, and that
they were working diligently to address all concerns with
the intent of being good neighbors in solving the issues.
Mr. William Sutton, a Trustee of the church, spoke in favor
of the proposal and stated he felt the church had taken
responsible steps in this process and that the proposal is
sensitive to the neighborhood and addresses their concerns.
He added that the church does not want to create enemies by
moving to this location.
8
FILE NO.: Z-6784 (Cont.)
Russell Lemond, President of the Walnut Valley Homes
Association, began the opposition presentation. He showed
several slides showing streets in the area covered with
traffic, and the proposed site as it is now. He touched on
several issues: existing traffic; size of the streets
around the site; the fact that this land is state owned and
that not developing it would not affect a developer's
investment; the huge size of a 20 acre church complex; and,
how the area had already been changed and affected in the
past ten years as shown by an aerial photo. In his view,
the only "pro" for this project is it would be better than
a commercial site. The "cons" included the following: the
proposed church's size would have a commercial type of
impact on Walnut Valley and West Little Rock; the nature
and impact of the access road to Breckenridge; the impact
of decreasing options for the Highway Department to use
this area to help alleviate the congestion at the
intersection of I-630 & I-430; this size of church would be
beyond the scope envisioned when the ordinance included a
church as an allowed conditional use in a residential zoned
area; there is no room to expand Shackleford north of this
site and it already carries a traffic volume daily that is
larger than many 4 -lane roads in the City; and there are
too many unanswered questions of how this site would be
developed at this point. He concluded with the point that
he felt this project would be like trying to put a large
square peg in a small round hole. With a visual
demonstration he showed how that doesn't work.
Patricia Keightley spoke in opposition mainly because she
felt the project would result in a decrease in property
values to all adjoining property. Jacqueline Wright was
opposed because she felt the access road to Breckenridge
would increase an existing traffic problem there. She felt
that problem results in part from the Bible Church which is
located close to where the access road would enter
Breckenridge. The two churches would have similar high
traffic times. She also felt that the appropriate
development for the site is only single family which would
match its current zoning. Rich Livdahl spoke in opposition
because he felt it would have a negative impact on traffic,
health and safety. His issues included backup of water
which already occurs at the intersection of Mara Lynn and
Shackleford during storms, and the negative visual impact
of such a large building. Gary Barnett spoke in opposition
emphasizing the negative affects of noise, congestion,
dirt, run-off, etc., he felt would occur during the
FILE NO.: Z-6784 (Cont.)
construction phase, in addition to the impacts of the
finished church.
Commissioner Rahman stated that he felt he did not have all
the information he needed to make a decision. He wanted
the Commissioners to have a chance to review the traffic
study, and to receive an answer about the issue of approval
of the access road to Breckenridge which was such an
integral part of the project working. Mr. Lawson responded
that all the information won't be developed to the degree
he was asking for unless the City says the use is approved.
Then the church would still have to be able to meet all the
conditions the Commission included in the C.U.P. or it
would become void.
Commissioner Lowry stated that he was astounded that the
Commission was not asked to defer this item based on the
amount of missing information. He felt that since the
traffic study, which he sees as an important part of the
information needed to make a decision, was just received
and that the Commissioners hadn't had an opportunity to see
it, plus the amount of other missing information was reason
to defer.
Mr. Lawson responded that much of the information the
Commissioners want is what Staff would like to present to
them tonight.
Commissioner Hawn commented that he preferred to have
reports given to him so he could read them himself, rather
than trying to have all the information presented during
the Commission hearing. He then made a motion to defer the
item.
During discussion about the motion, Commissioner Downing
had several questions also about missing information that
he felt he needed to be able to decide if this request was
appropriate for this location.
Mr. Lawson responded that Staff was trying to answer many
of those questions, but the Commission wasn't allowing the
information available to be presented.
Dr. Horn responded, when asked by the Chair, that they were
not in favor of a deferral. He felt they had the people
present to respond to the questions the Commissioners were
10
FILE NO.: Z-6784 (Cont.)
asking, plus a deferral to February 17 would push them past
a deadline they had in regard to the contract to purchase.
A vote was taken on the motion to defer. It failed by a
vote of 2 ayes, 8 nays, 1 absent. Discussion continued.
Greg Simmons of Peters & Associates Engineers presented the
traffic study. They gathered their data on Sunday during
times they felt would be maximum peak times. He explained
in general the methodology they used to conduct their
study, and the recommendations to improve the flow. The
resulting conclusion was that the intersection at Mara Lynn
and Shackleford would operate at an acceptable level "C"
with the suggestions in place during the entering peak
period on Sunday morning. That would be a drop from level
"B" that it currently operates at during those times. The
exiting peak period would operate at level "D". He added
that level "D" is an accepted design level for traffic
engineers at peak periods. When looking at the other access
from Breckenridge, they assumed a 36 foot wide, three lane
road, and that only 25% of the traffic would flow to and
from that direction. Their conclusion was that intersection
would operate at level "B" with only "Stop Sign Control" at
both the entering and exiting peak periods on Sunday
mornings.
Commissioner Nunnley asked if the traffic analysis for the
access road to Breckenridge included the Bible Church
traffic. The answer was yes. He added that when that church
is in session, people park along the street to such a
degree that you have only one lane open. More traffic
through there would add to an existing problem.
Commissioner Rahman asked about the impact the church would
have on Wednesday night traffic. Mr. Simmons responded that
was not studied because it was considered to be less than
on Sunday. When asked to estimate the current level of
service on Wednesday evenings at Mara Lynn and Shackleford,
Mr. Simmons responded he would estimate it to be level "B"
or at worst a "C".
Commissioner Nunnley commented that he lives near the
current Immanuel Church site and that the impact of the
church traffic during week nights is negligible.
Commissioner Berry mentioned the point that he felt it
would be very helpful for the neighborhood to see for
11
FILE NO.: Z-6784 (Cont.)
comparison what the impact would be if a retail or some
other commercial development moved into this site. He felt
the state will sell this property and it could be to a
commercial developer.
Commissioner Lowry asked Dr. Horn what he would expect his
growth to be over the next ten years. He replied he would
hope it would grow to 2000. Then in reply to the
Commissioner's follow on question, Mr. Simmons replied that
their study was based on the traffic estimated to be
generated from the full 2500 seat capacity, not a smaller
number.
Commissioner Hawn asked Dr. Horn what efforts he had made
to be a good neighbor to Walnut Valley so far. His response
was that he had offered the following to the neighborhood:
children's summer programs and basketball leagues, making
the family life center available to the neighborhood,
including having one night a month when the neighborhood
association could use the facilities free of charge, making
a contribution to the Walnut Valley park, working with the
neighbors regarding buffers and the impact of the access
road to Breckenridge, self-defense classes for women, and
senior adult activities and lunches.
Commissioner Berry commented on what he saw as an excessive
amount of parking since they have proposed about twice the
amount required by City ordinance. He felt that should be
cut down and then provide more buffer between the
residential area.
Commissioner Faust pointed out that the ordinance states
that the Commission's charge is to review the compatibility
of a proposed conditional use with the area, and review the
measures being taken to protect the integrity of the
neighborhood. She continued that she had problems with the
compatibility that this large a church on this plot of land
would have in the close proximity with the established
neighborhood. She still had many questions before she could
decide. Her questions included how the church would look
in place, and what would King's Mountain look like after
the church was built. She felt elevations and cross-
sections could help answer those two questions. She also
felt the site was over parked.
Commissioner Rahman called upon Mark McGee to state his
concerns. He stated that he was concerned that the traffic
12
FILE NO.: Z-6784 (Cont.
study data was gathered on December 19, 1999, which was
during Christmas break when many people were out of town
and schools were not in session. Also he was concerned over
the church adding a school later which would increase
traffic every weekday that the school was in session.
Commissioner Berry called upon Lisa Ring to add her
comments. She was concerned that when the traffic data was
gathered, Terry School across the street from the proposed
site was not in session, and she hadn't heard the school
mentioned during the discussion. She felt that some of the
school traffic would change the results because they have
after school programs that let out at the same times the
church would be having evening activities and Wednesday
evening services. She felt that this was not the place for
this big of a church, that there's too much in that area
already.
Commissioner Berry made the point that if the church wanted
to add a school in the future, they would have to come back
before the Commission to modify their C.U.P.. Mr. Lawson
added that the application does not ask for a school or any
day care, it's just for the church and "family life"
functions, and that would be all that would be allowed
without coming back before the Commission.
Mr. Lawson responded to the question of drainage by calling
upon Bob Turner, Acting Public Works Director. Mr. Turner
called up the project engineer, Pat McGetrick to review
what they would do to meet ordinance requirements. Mr.
McGetrick stated that in redoing the intersection at Mara
Lynn and Shackleford, they would be reworking the drainage
to handle the run-off from the church site, and thereby
reducing existing problems too. He added that they would
meet City requirements for on site water detention and
discharge from the site. He added that the worst cuts
currently anticipated were 25-30 feet in 10-155 of the
site.
Commissioner Downing asked more questions of Mr. McGetrick
regarding the buffers to the residential areas north and
west. Mr. McGetrick replied that the buffer along the north
varies from 60 to 100 feet from the proposed paved area.
Muriel Lewis, architect for the project, added that along
the west side the buffer between the property line and the
paved area would be 40-45 feet. In both buffer areas they
plan to add additional evergreens before construction
13
FILE NO.: Z-6784 (Cont.)
begins to help provide a denser visual and sound buffer
right from the beginning. Mr. Lewis explained the concept
of the building and how it would fit in with the grades.
The result would be that there would be at most two floors
above grade and the parking areas would follow the grades
as much as possible.
Commissioner Rahman stated he still needed more information
before he could make a decision. He wanted to see a traffic
study that included the time frame when school is open,
including Wednesday nights, along with the "worse"
conditions, and what the traffic would be like with a
residential R-2 development on this site. He also wanted to
see cross-sections and elevations.
Commissioner Berry requested that traffic model impacts be
provided for other types of development on the site such as
office, commercial, and multifamily.
Commissioner Faust made the point that if the neighborhoods
want to preserve green space, probably a way to do it is
through City parks or through the neighborhood associations
themselves buying land in order to preserve it as green
space.
Commissioner Rector added that information needed for the
deferred meeting should include, besides traffic studies
and elevations, increased buffer considerations and why the
requested amount of parking is needed.
A motion was made to defer the application to a special
meeting to be held on February 3, 2000. The motion passed
by a vote of 10 ayes, 0 nays and 1 absent.
STAFF UPDATE:
A revised site plan for the proposed new Immanuel Baptist
Church was provided to Staff on January 24, 2000. The
following information summarizes the major changes in that
plan. The green buffer area to the north and northwest
would be increased to a minimum of 100 feet, with 75 feet
of the northern buffer and about 30 feet of the
northwestern buffer remaining undisturbed. The building
roof peak height above grade would be about 90 feet on the
north side and the building would be approximately 130 feet
further to the south than originally proposed. The steeple
14
FILE NO.: Z-6784 (Cont.)
height above grade on the north side would be about 145
feet, or 55 feet above the roof peak. The two-level
parking deck would be used only on the north side of the
building, and one of those levels would still be below
grade. The south parking area would be at grade and be
sloped down to about the same level as the Kroger parking
lot on the south side. The future additional building that
had been shown in the southeast portion of the property,
has been removed and replaced with at -grade parking. The
proposed total parking has been reduced from 1352 to 1204
spaces. (The ordinance minimum requirement is 625 spaces.)
The long parking area originally proposed along the entire
Shackleford Road frontage has been removed. There would be
a few spaces in the general area of the front entrance
which still faces Shackleford Road. The footprint of the
building would be a little longer running east/west, but
smaller running north/south.
PLANNING COMMISSION ACTION:
(FEBRUARY 3, 2000)
Dr. Rex Horn, Pastor of Immanuel Baptist; Jim Erwin, church
representative; Muriel Lewis, project architect; Gregg
Simmons, Peters Associates Engineers; and Pat McGetrick,
project engineer, were present representing the application.
There were 6 registered objectors, 1 registered proponent,
and one person registered as "not opposed", who were present.
Staff presented the item with a revised project proposal and
with a recommendation for approval subject to compliance with
the conditions listed above in the January 6 Planning
Commission Action minutes. Condition 4 has been changed to
read:
"Maintain a minimum 100 foot buffer on both the
north and west sides, with 75 feet of the north
buffer and 30 feet of the west buffer remaining
undisturbed."
The revised proposal is: To obtain a conditional use permit
for a new 19 acre church site on the northeast corner of
Mara Lynn Road and Shackleford Road, consisting of one main
church facility with accompanying parking, 100 foot buffers
on both the north and west sides, and access to
Breckenridge Drive and the intersection of Mara Lynn and
Shackleford Roads. The property is zoned R-2, Single Family
Residential." The changes made were to drop the request for
expansion space on the east side of the main building, to
15
FILE NO.: Z-6784 (Cont.
drop the future unspecified growth area in the southeast
part of the property, and to increase the buffers to 100
feet on the north and west sides.
The major changes in the proposed project were presented by
Staff as follows: increased buffers from 50 to 100 feet on
the north and west sides of the property, with 75 feet of
the north buffer and 30 feet of the west buffer remaining
undisturbed; a two level parking deck would be used only on
the north side of the building; the south side parking lot
would be at grade and larger than originally proposed; the
additional building on the southeast portion of the
property was deleted; total parking was reduced from 1352
to 1204 spaces and would be built in two phases, with phase
one containing 850 spaces. Phase 1 parking would include
all the north side parking area and about one-half of the
total south parking area closest to the building.
Staff also advised the Commission that since the January 6
meeting, an additional letter and two phone calls were
received in opposition to the proposal. A copy of the
letter had been given to each Commissioner. The main
concerns expressed in the phone calls were traffic and a
negative impact on the adjoining property.
Muriel Lewis showed a drawing and reviewed the changes made
to the site plan in response to Staff and neighborhood
concerns. He pointed out the following changes on the
drawing: the building was moved to the south and east; a
minimum of 100 foot buffers were left on the north and
west; he described that the north side parking deck had
been moved 126 feet south and how it would be built
partially into the ground and not be very visible; he
stated the majority of the parking was now proposed on the
south side of the building and property; the building
height was lowered 5 feet and it had a narrower profile
from the east and west views. Mr. Lewis referred to a
letter from the State Highway Department that had been
given to the Commissioners which stated that the proposed
access road to Breckenridge across Interstate 430 right-of-
way appeared feasible, but final approval authority would
lie with the Federal Highway Administration. Mr. Lewis also
explained that the access road to Breckenridge would have
evergreen trees planted along it to buffer it from the
houses in that area.
16
FILE NO.: Z-6784 (Cont.)
Mr. Gregg Simmons, from Peters and Associates Engineers,
presented the supplemental traffic study results. He stated
the additional data results showed that Wednesday evenings
would have a level of service `B' at both access points,
Breckenridge and Mara Lynn/Shackleford; (this included an
assumption that the service would have about 60% of the
number of people that come on Sunday morning). They also
found that the alternative development scenarios of a 380
unit multi -family, 200,000 square foot office, and 152,000
square foot commercial development, would all operate at
level of service `D' at both the a.m. and the p.m. peak
volumes five days a week.
Pat McGetrick explained the cuts into existing grades that
would result from the proposed project. They would be as
follows: north side, virtually none; northwest corner would
be cut 25 to 28 feet; the ridge in the middle of the
property where the church building would be located would
be cut 35 foot; they deleted the proposed retaining walls
along Shackleford and replaced them with graded 4 to 1
slopes; and there would be 3.5 foot maximum cuts in the
area where the road would go out to Breckenridge.
Curtis Thomas, retired executive pastor for the Bible
Church of Little Rock on Breckenridge, asked that something
be placed in writing or as a condition in the C.U.P. that
if traffic becomes a larger problem due to Immanuel Baptist
that it would be worked out.
Russell Lemond, President of the Walnut Valley Homeowners
Association, stated that the Association had reached an
agreement with Immanuel Baptist Church regarding the
development of the proposed site. While they would prefer
the site not be developed at all, they had reached a
compromise that they would not oppose the development if
the church agreed to four points as follows: 1) there would
be a restricted use covenant between Walnut Valley Property
Owners Association and Immanuel Baptist Church regarding
restrictions on the use of the new access road to
Breckenridge and protection against encroachment into the
agreed to buffer zones; 2) Immanuel Baptist would provide
to Walnut Valley Property Owners Association a contractor's
construction time line and keep Walnut Valley Association
appraised of pre -construction plans; 3) Immanuel Baptist
would provide a plan for two way communication during the
construction project; 4) the new access road to
Breckenridge would be constructed last contingent upon
17
FILE NO.: Z-6784 (Cont.
requirements that might be imposed by outside entities such
as the City of Little Rock, Arkansas Highway Department,
Federal Highway Authority, or the impact of project cost.
Mr. Lemond commented about other issues which he felt if
the request was approved, needed to be addressed between
the church and the City as follows: a detailed hydrology
study to address how water control and runoff during and
after construction will affect the area where the plans
call for the site to be drained to an area that lies within
a floodplain; second, how the rebuilding of the
intersection at Mara Lynn and Shackleford would impact an
already bad `F' rated intersection at Markham and
Shackleford, as well as traffic flow on Shackleford north
of this intersection; third, ensure there is a serious look
at other alternatives to the proposed access road to
Breckenridge in conjunction with Highway Department plans
to relieve problems where I-630, I-430 and Shackleford
intersect.
Five people spoke in opposition. Mary Zehr was concerned
about the negative impact on Breckenridge traffic flow
which she felt was already bad when the Bible Church has
services or events, and the worsening of identified traffic
problems at Markham and Shackleford. Cynthia Hester was
concerned that this development would decrease her property
value, increase an existing water run-off drainage problem,
and she wanted to be sure the buffers are maintained. Ruth
Bell expressed that the League of Women Voters was
concerned that this proposal would increase traffic
problems, and that the right-of-way for the private access
road to Breckenridge should be used for a public access
road all along I-430 to pull traffic away from the
residential streets. Susan McGee stated one of the more
attractive aspects of this City 5 years ago was the green
areas and beautiful trees. This was one of the last green
areas around. She was very disappointed to find out that
talk of preserving green areas and even turning this area
into a park was all political rhetoric. Bernice Van Sickel
was concerned over increased traffic on North Shackleford
where she lives, and she felt that this development would
decrease her property value.
Jim Lawson, Planning & Development Director, responded to
some of the concerns raised. He stated that Immanuel
Baptist is planning to hire a police officer to direct
traffic on Breckenridge at the access road when the access
18
FILE NO.: Z-6784 (Cont.
road would be open. Bob Turner, Public Works Director,
stated that the proposed access road would make it
necessary to prohibit parking along Breckenridge in this
area. Mr. Turner also stated that they would be looking
closely at the impacts of this project on the floodplain
along Breckenridge to make sure it was handled according to
City standards.
Commissioner Nunnley raised a question regarding his
concern about the way the hearing was proceeding, and that
he felt that Mr. Lawson was coming across as an advocate
for the project. Mr. Lawson responded that he was simply
trying to answer the concerns raised and that he was not
advocating the project.
Commissioner Downing asked about other levels of review
necessary where the access road would transit the flood
plain area near Breckenridge. Mr. McGetrick responded that
they would have to meet City, State and Federal Highway
Department, Corp of Engineers and FEMA requirements for
construction in the floodplain. Commissioner Downing also
had Mr. McGetrick explain what they would do through this
project to help the drainage problems in front of the
Kroger store. Mr. McGetrick explained that on site water
detention and drainage management would actually reduce the
run-off to the intersection of Mara Lynn and Shackleford
from this property, and that when they rework the
intersection to integrate the access to the church site,
measures would be taken to lesson the existing drainage
problems. Commissioner Downing concluded with the point
that this project may improve the drainage problem at the
intersection, but it would not eliminate it completely, nor
would the applicant be required to totally eliminate that
problem.
Commissioner Ernest asked about any effort to make a land
swap between the City and State to preserve this property
as open space. Mr. Lawson stated that according to Bryan
Day, City Parks Director, the idea had been considered but
fell through, and that there were no plans to do that now.
Commissioner Lowry asked Mr. Turner about the impact of
this project on the drainage problem at the intersection of
Mara Lynn and Shackleford. Mr. Turner verified that the
project cannot worsen the current situation and probably
would improve the situation. Commissioner Lowry asked Mr.
Simmons about the impact of this site on traffic at
19
FILE NO.: Z-6784 (Cont.)
Shackleford and Breckenridge, and Shackleford and Markham.
Mr. Simmons stated that they did not study those particular
intersections, but he agreed that church traffic would have
some impact at those two locations. He also noted that the
church's highest peak on Sunday morning was not the peak at
Shackleford and Markham, and that the Wednesday evening
inbound church traffic would occur towards the end of the
peak at Markham and Shackleford, and that the outbound
traffic would be after the peak at that intersection. Bill
Henry, City Traffic Engineer, stated that he felt the
church traffic would not add to the peak problems at
Markham and Shackleford because of the timing of their
services. He added that the worst peak level of service `D'
at Mara Lynn and Shackleford was an acceptable design level
in an urban area.
Commissioner Nunnley asked if an environmental impact study
was required for this proposal, to which Mr. Turner
responded no. To the Commissioner's questions of would the
church be renting out their facilities and would they
schedule religious concerts there, Dr. Horn responded he
does not plan to rent out the facilities and concerts would
occur only during special seasons like Christmas, and that
would occur only on Sunday. The Commissioners also asked
about the decision that a level of service `D' would be
acceptable when the next intersection, Markham and
Shackleford, has been labeled as one of the most accident
prone intersections in Little Rock. Mr. Simmons responded
that is the industry's acceptable design level of service
for an urban intersection.
Commissioner Rahman commented on the fact that the
ordinance lists a church as an acceptable conditional use
in an R-2 zoned area, but that he believed that the concept
of a church at the time that was included in the ordinance
was different than what this proposal represents. He
believed that the size of this church would have a
detrimental effect on the area. He also asked why there was
any concern about it being developed as an office or
commercial site when it's zoned R-2. Mr. Lawson responded
that the State owns the land and could put anything they
want on it, including an office building, without getting
approval from the City. The State put the walkway over the
interstate originally with the thought in mind that there
would be another state office building on this site, but
they have never put one there. Staff's position is that
this site will not be left as open space or be developed
20
FILE NO.: Z-6784 (Cont.)
for residential use, but it will be developed. The City has
no plan to, nor can they afford to, buy the land and
develop it as a park. Therefore, staff believes the church
would be acceptable and the preferred use.
Commissioner Rector commented on statements that this is
zoned R-2 and should be developed that way. He said he felt
that a full development of this property with residential
houses would actually have a larger negative impact on
traffic than the church would, based on trips generated and
the timing of those trips.
Commissioner Faust asked if the landscaping proposed for
this site would correspond with the new proposed landscape
ordinance. Mr. Lewis responded that the proposed
landscaping would exceed what the currently proposed
landscape ordinance would require.
Commissioner Ernest disputed the statement that this site
could not be park land. He stated that there are ways
through the political process and through the state
legislature to see about securing this site for park use.
Commissioner Berry asked that the phased parking be better
defined and asked if the area left for phase two would be
left undisturbed until its construction.
Commissioners Faust and Downing stated they felt the basic
question was, would the church be an appropriate use at
this proposed site, and would it be compatible without
causing an adverse affect on the surrounding property. They
both felt traffic was not the overriding question.
Commissioner Downing asked Russell Lemond if the
neighborhood felt residential development would be better
than the proposed church or that the church would be the
best use for this property. Mr. Lemond responded that the
association would prefer the site remain undeveloped and
that they hadn't looked at residential development since
that wasn't the proposal.
Commissioner Muse asked Dr. Horn if they had considered
alternate sites. Dr. Horn stated that they had looked at
other sites but were trying to stay as close to downtown
Little Rock as possible, maintain ministries in town and be
more centrally located to the bulk of church members. They
21
FILE NO.: Z-6784 (Cont.)
did not want to go way out on Chenal or Highway 10, so they
didn't look at sites out there.
Commissioner Berry said he felt this was a case of infill
development and that the church would be a more benign use
and would be appropriate for this site, and that the church
has taken measures to mitigate impacts. He felt traffic
will be a problem there no matter what.
Commissioner Nunnley asked that they take a 5 minute recess
before voting to take a breather and have a moment to think
about it. The other Commissioners agreed.
After the recess Vice Chair Berry commented that either
party could appeal the outcome to the Board of Directors
within 30 days.
Commissioner Rector asked Mr. Erwin to clarify a statement
he made earlier regarding who bid on this site with the
church. He stated that all the bidders bid on the property
as though it were zoned R-2, but none of them were
residential developers. All of them were speculators
attempting to buy the property to do something else with
it. None of the bidders intended to try to develop the site
with single family residential houses. He added that the
State's minimum bid was such that there was no way you
could sell it at a price to justify residential
development.
Commissioner Muse commented that he would vote for the
proposal for two main reasons. One was to help keep this
church from moving farther out west. The second was that he
felt that this development would have the least amount of
impact as far as traffic was concerned. He also wanted the
neighborhood's four points of agreement made with the
church and stated by Mr. Lemond to be made part of any
approved C.U.P. Dr. Horn affirmed that the points read by
Mr. Lemond were correct.
A motion was made to approve the application as submitted
to include staff comments and recommendations, the drawing,
the phased parking, and the four points of agreement made
between the Property Owners Association and the church as
stated by Mr. Lemond. The motion passed by a vote of
6 ayes, 3 nays and 2 absent.
22
February 3, 2000
ITEM NO.: A
NAME:
LOCATION:
OWNER/APPLICANT:
FILE NO.: Z-6784
Immanuel Baptist Church
501 North Shackleford Road
Immanuel Baptist, contract pending/
Pat McGetrick
PROPOSAL: To obtain a conditional use permit for
a new 19 acre church site on the
northeast corner of Mara Lynn Road and
Shackleford Road consisting of one main
worship facility with expansion space,
and accompanying parking, and a future
unspecified growth area in the
southeast part of the property which is
zoned R-2, Single Family Residential.
ORDINANCE DESIGN STANDARDS:
1. SITE LOCATION:
This site is located on the Northeast Corner of the
Intersection of Shackleford Road and Mara Lynn Road.
2. COMPATIBILITY WITH NEIGHBORHOOD:
This site is Zoned R-2, Single Family Residential. It
is surrounded to the north, east and west by R-2
zoning. To the south the zoning is C-3, General
Office, and to the southwest the zoning is 0-1, Quiet
Office. There is a residential neighborhood to the
north and northwest, a school to the west, Interstate
430 to the east, and a Kroger store to the south.
This proposal would be a drastic change to the area.
The site is currently a tree -covered 19 acre green
island surrounded by development and paved areas. A
church use would be compatible with the surrounding
zones but the size of this facility and the
11
congregation raise concerns as to whether this
particular proposal is compatible with this particular
site. Staff has several questions regarding
substantial issues that must be resolved prior to
February 3, 2000
ITEM NO.: A (Cont.) FILE NO.: Z-6784
being able to determine compatibility in this
instance. Those issues are listed in the "Analysis."
The Walnut Valley and the Beverly Hills Property
Owners Associations were notified of the public
hearing.
3. ON SITE DRIVES AND PARKING:
4.
The proposal includes two driveways, one entering at
the southwest corner from Shackleford, the other
entering at the northeast corner from Breckenridge.
There are challenges in both instances which are
described in the "analysis".
The proposal is for a 2500 seat assembly area. That
would generate a parking requirement for 625 spaces,
based on a 1 for 4 ratio, including 13 handicap
accessible spaces, two of which must be van
accessible. The proposal shows 1112 parking spaces
initially, including 18 handicap accessible, and 240
additional spaces in the future. That is more than
double the ordinance requirement and considered
excessive by Staff. Part of the parking is shown to be
provided by two two-level parking garages, with access
to each level being at opposite ends of the parking
structure and at two different levels.
SCREENING AND BUFFERS:
The proposed areas set aside for buffers and
landscaping meet with ordinance requirements with the
exception of the proposed street buffer along
Interstate 430. The average full buffer depth in this
area required by ordinance is 32 feet. The minimum
depth with transfers is 21 feet. The average buffer
depth shown in this area only averages about 8 feet
and in areas is below the 6 foot minimum allowed at
any given point.
A 6 foot high opaque screen -is required along the
north and northwest perimeters. This screen may be a
wooden fence with its face side directed outward or
dense evergreen plantings that grow to a minimum
height of 6 feet within three years.
2
February 3, 2000
ITEM NO.: A (Cont.)
FILE NO.: Z-6784
The City Beautiful Commission recommends preserving as
many trees as feasible on this tree covered property.
Extra credit toward fulfilling Landscape Ordinance
requirements can be given when preserving trees of 6
inch caliper or larger.
Because of the changes in grade elevations, it will be
necessary to provide cross sections showing proposed
treatments.
5. PUBLIC WORKS COMMENTS:
a. Provide Site Traffic Impact Analysis.
b. Develop realignment of intersection (Mara Lynn and
Shackleford Road intersection) to facilitate
ingress and egress to the site.
c. Provide a schematic layout of the signals at the
intersection.
d. Verify with capacity analysis that all site
intersections will operate at a minimum level of
service of "D" during the peak hour of the
generator.
e. Shackleford Road is listed on the Master Street
Plan as a collector street. Dedicate right-of-way
to 30 feet from centerline.
f. Provide cross sections of site showing cuts, fills,
retaining walls, prior to Planning Commission.
g. Property frontage needs to have the sidewalks and
ramps brought up to the current ADA standards.
h. Repair or replace any curb and gutter or sidewalk
that is damaged in the public right-of-way prior to
occupancy.
i. Stormwater detention ordinance applies to this
property.
j. Easements for proposed stormwater detention
facilities are required.
k. Private drive to Breckenridge must be approved by
Arkansas Highway Department and City of Little
Rock. (Has sign been posted on Breckenridge? Has
there been notification to Walnut Valley Church?)
1. Provide existing topographic information at maximum
five foot contour intervals, and 100 year flood
elevation is required.
m. A Sketch Grading and Drainage Plan per Sec.
29-186(e) is required.
3
February 3, 2000
ITEM NO.: A (Cont.) FILE NO.: Z-6784
n. A Grading Permit per Secs. 29-186(c) and (d) is
required.
o. A Grading Permit for Special Flood Hazard Area per
Sec. 29-186(b) is required.
p. Contact the ADP&E for approval prior to start of
work is required.
q. Contact the FEMA for conditional approval prior to
start of work is required.
r. Drive across grassy flat to Breckenridge encroaches
on floodway. (140 feet wide floodway)
6. UTILITY AND FIRE DEPT. COMMENTS:
Water: An acreage charge of $300 per acre applies in
addition to normal charges. On site fire protection
will be required. Existing water line easements should
be shown on the plans. Any required relocation of
existing water facilities will be at the developer's
expense.
Wastewater: Sewer is available on site for this
project. Capacity Analysis required for this project,
contact Little Rock Wastewater Utility for details.
Any relocation of Utility mains required for this
project will be completed by the Developer at their
expense. Records show a sewer line through this
property.
Southwestern Bell: No comments received.
ARKLA: Approved as submitted.
Entergy: Right-of-way requested for 30 feet around
the entire perimeter of this property for possible 3
Phase overhead lines. Contact Entergy for more
details.
Fire Department: Contact Dennis Free, 371-3752, at
the fire department concerning placement of fire
hydrants and turning radii.
CATA: This site is near Route #5. Approved for
transit purposes.
4
February 3, 2000
ITEM NO.: A (Cont.
7. STAFF ANALYSIS:
FILE NO.: Z-6784
The applicant is requesting a conditional use permit
for a new 19 acre church site on the northeast corner
of Mara Lynn Road and Shackleford Road consisting of
one main worship facility with expansion space and
accompanying parking, and a future unspecified growth
area in the southeast part of the property.
The applicant has not stated what other activities
will occur in the facility besides worship services.
Information about other types of uses in the facility
besides worship are important, such as classrooms, a
fellowship hall, day care, private school, and
recreation. These activities would impact the
frequency and the hours of use of the site and are
important factors to consider in the evaluation of the
proposal.
The proposal would take up most of the site except for
a 50 foot buffer along the north and west sides, and
initially the area left -open in the southeast corner
for future development. The proposal did not state if
the 50 foot buffer would be undisturbed. Further
conversations revealed that the design is not far
enough along to know if the buffer could be left
undisturbed.
All setback requirements appear to be met, but the.
height would exceed standards. The maximum allowed
height in R-2 zoning is 35 feet and the proposed
building is about 83 feet tall with a height to the
top of the steeple proposed to be 145 feet. However,
Staff was told that these are preliminary estimated
maximums. Design is not far enough along to know for
sure. The site is currently rather hilly with contours
ranging from a low of 420 to a high of 537, with
several hills and valleys scattered throughout.
Finished contours range from 420 to 530.
Staff needs to have some idea of how the engineers
propose to place the proposed development on this site
by having cut and fill profiles and cross sections,
and retaining wall descriptions to review. Information
provided shows walls ranging from 10 to 30 feet tall.
5
February 3, 2000
ITEM NO.: A (Cont.
FILE NO.: Z-6784
We need to see how the final structures will look to
people looking into the site when it's completed by
having elevations so the impact to the surrounding
area can be assessed. The applicant needs to show how
landscaping will blend in with the various grades,
walls, cuts and overall treatment across the site
through cross sections. The applicant should explain
how the traffic from a 2500 seat church will be
managed and what impact it will have on the
surrounding area at the end of services.
Access is another major issue that also currently has
many unanswered questions. The northeast driveway will
cross interstate highway right-of-way and require the,
Arkansas Highway and Transportation Department's
approval. The southwest driveway must line up with
Mara Lynn entering the opposite side of the
intersection. To do that, some sort of a joint
agreement will have to be worked out with Kroger
because to get the intersection to match with what's
already there, they will have to use part of Kroger
property. This site cannot work without two separated
access points to handle traffic for church services or
special events, and the ability to provide two is not
confirmed at this time.
Without answers to, and additional information for
most of the above issues, Staff cannot realistically
evaluate this proposal in order to provide well
developed recommendations to the Commission. These
evaluations and recommendations will be important to
the Commission as it attempts to weigh new development
against neighborhood opposition which we know exists.
8. STAFF RECOMMENDATION:
Staff believes consideration of the requested
conditional use permit to be premature at this time
due to the status of the applicant's design for this
site. Therefore, Staff recommends this application be
deferred until the applicant can answer the questions
and provide the information requested by Staff. How
long a deferral depends on the applicant determining
when they can provide the information.
11
February 3, 2000
ITEM NO.: A (Cont.)
SUBDIVISION COMMITTEE COMMENTS:
FILE NO.: Z-6784
(DECEMBER 9, 1999)
Pat McGetrick was present representing the application.
Staff gave a brief description of the proposal and reviewed
the issues of concern and information needed.
The review was fairly short since the questions were
straight forward and the answers weren't readily available.
Besides the review of the issues as described in the Staff
Report, Staff emphasized that this proposal would cause a
major change to the area and the importance of firming up
the ability to provide two separated access points. Staff
also mentioned the idea of off site parking areas from
which to either bus members, or to be located close enough
to walk. The area at the east end of the I-430 pedestrian
bridge was mentioned.
There being no further points to make, the Committee
accepted the proposal and forwarded the item to the full
Commission for final action pending the receipt of the
requested information.
PLANNING COMMISSION ACTION:
(JANUARY 6, 2000)
Dr. Rex Horn, Pat McGetrick, engineer for the project, and
Muriel Lewis, architect for the project were present
representing the application. There was one other person in
favor and nine persons opposed who registered at the
hearing. Staff presented the item with a revised
recommendation for approval subject to compliance with
certain conditions.
Staff received more information between the time the
original report above was written for the Commission and
the time of this meeting. The availability of this
additional information which Staff was ready to present to
the Commission resulted in the change in Staff's
recommendation to one of approval with conditions. The
conditions recommended were as follows: 1) Comply with the
City's Landscape and Buffer Ordinances; 2) Comply with
Public Works Comments in the above report; 3) All exterior
lighting must be low intensity, directed inward and
downward to the property and not towards any residential
area; 4) Maintain. a minimum 50 foot undisturbed buffer
7
February 3, 2000
ITEM NO.: A (Cont.) FILE NO.: Z-6784
along the north and west sides of the property except to
the northeast and southwest access points; 5) No excavation
permit nor building permit would be issued for this site
until all ordinance requirements are met, until State
Highway Department and the City have approved the access
road to Breckenridge, and until City requirements for the
access at the intersection of Mara Lynn and Shackleford
Road are satisfied. Staff also recommended approval of a
variance to allow the proposed height for the building and
the steeple.
Mr. Lawson, Planning and Development Director, stated that
several people had suggested that the Commission delay its
consideration of this item until Highway Department,
approval for the access to Breckenridge is obtained, until
staff receives complete detail finished drawings for the
church structure, and other detail information. He stated
that final approval and detail information is far off. He
felt that the question of use and appropriateness of the
location for this proposed church could be answered now,
and the other details could be dealt with through
conditions placed in the C.U.P. He added that one condition
would certainly be, and the church agrees, that this
proposal cannot work without the approved access to
Breckenridge. So without that road and meeting other
conditions the Commission feels are appropriate, there
would be no C.U.P., it would become void.
Commissioner Nunnley asked if any thought for limiting
future growth had been examined. He was concerned that the
church would soon be at capacity at this proposed location
and would be back in a year or two wanting to expand.
Mr. Lawson responded that this proposed church is much
larger than their existing church and it gives them a lot
of capacity. Additional services could be added to serve
many more people quickly without any building expansion.
Dr. Rex Horn,- the applicant and Pastor of Immanuel Baptist,
began by stating that the initial construction would not
use all the property and the proposed building would hold a
lot more people than the existing church. Currently their
services average 1200-1300 on Sunday and about half that on
Wednesday. Therefore, he felt the property would be
adequate into the foreseeable future, particularly since
the church membership growth is almost stagnant right now.
He continued with an explanation of factors considered in
8
February 3, 2000
ITEM NO.: A (Cont.) FILE NO.: Z-6784
choosing a new site, and in particular, this site, and that
they were working diligently to address all concerns with
the intent of being good neighbors in solving the issues.
Mr. William Sutton, a Trustee of the church, spoke in favor
of the proposal and stated he felt the church had taken
responsible steps in this process and that the proposal is
sensitive to the neighborhood and addresses their concerns.
He added that the church does not want to create enemies by
moving to this location.
Russell Lemond, President of the Walnut Valley Homes
Association, began the opposition presentation. He showed
several slides showing streets in the area covered with
traffic, and the proposed site as it is now. He touched on
several issues: existing traffic; size of the streets
around the site; the fact that this land is state owned and
that not developing it would not affect a developer's
investment; the huge size of a 20 acre church complex; and,
how the area had already been changed and affected in the
past ten years as shown by an aerial photo. In his view,
the only "pro" for this project is it would be better than
a commercial site. The "cons" included the following: the
proposed church's size would have a commercial type of
impact on Walnut Valley and West Little Rock; the nature
and impact of the access road to Breckenridge; the impact
of decreasing options for the Highway Department to use
this area to help alleviate the congestion at the
intersection of I-630 & I-430; this size of church would be
beyond the scope envisioned when the ordinance included a
church as an allowed conditional use in a residential zoned
area; there is no room to expand Shackleford north of this
site and it already carries a traffic volume daily that is
larger than many 4 -lane roads in the City; and there are
too many unanswered questions of how this site would be
developed at this point. He concluded with the point that
he felt this project would be like trying to put a large
square peg in a small round hole. With a visual
demonstration he showed how that doesn't work.
Patricia Keightley spoke in opposition mainly because she
felt the project would result in a decrease in property
values to all adjoining property. Jacqueline Wright was
opposed because she felt the access road to Breckenridge
would increase an existing traffic problem there. She felt
that problem results in part from the Bible Church which is
N
February 3, 2000
ITEM NO.: A (Cont.)
FILE NO.: Z-6784
located close to where the access road would enter
Breckenridge. The two churches would have similar high
traffic times. She also felt that the appropriate
development for the site is only single family which would
match its current zoning. Rich Livdahl spoke in opposition
because he felt it would have a negative impact on traffic,
health and safety. His issues included backup of water
which already occurs at the intersection of Mara Lynn and
Shackleford during storms, and the negative visual impact
of such a large building. Gary Barnett spoke in opposition
emphasizing the negative affects of noise, congestion,
dirt, run-off, etc., he felt would occur during the
construction phase, in addition to the impacts of the
finished church.
Commissioner Rahman stated that he felt he did not have all
the information he needed to make a decision. He wanted
the Commissioners to have a chance to review the traffic
study, and to receive an answer about the issue of approval
of the access road to Breckenridge which was such an
integral part of the project working. Mr. Lawson responded
that all the information won't be developed to the degree
he was asking for unless the City says the use is approved.
Then the church would still have to be able to meet all the
conditions the Commission included in the C.U.P. or it
would become void.
Commissioner Lowry stated that he was astounded that the
Commission was not asked to defer this item based on the
amount of missing information. He felt that since the
traffic study, which he sees as an important part of the
information needed to make a decision, was just received
and that the Commissioners hadn't had an opportunity to see
it, plus the amount of other missing information was reason
to defer.
Mr. Lawson responded that much of the information the
Commissioners want is what Staff would like to present to
them tonight.
Commissioner Hawn commented that he preferred to have
reports given to him so he could read them himself, rather
than trying to have all the information presented during
the Commission hearing. He then made a motion to defer the
item.
10
February 3, 2000
ITEM NO.: A (Cont.
FILE NO.: Z-6784
During discussion about the motion, Commissioner Downing
had several questions also about missing information that
he felt he needed to be able to decide if this request was
appropriate for this location.
Mr. Lawson responded that Staff was trying to answer many
of those questions, but the Commission wasn't allowing the
information available to be presented.
Dr. Horn responded, when asked by the Chair; that they were
not in favor of a deferral. He felt they had the people
present to respond to the questions the Commissioners were
asking, plus a deferral to February 17 would push them past
a deadline they had in regard to the contract to purchase.,
A vote was taken on the motion to defer. It failed by a
vote of 2 ayes, 8 nays, 1 absent. Discussion continued.
Greg Simmons of Peters & Associates Engineers presented the
traffic study. They gathered their data on Sunday during
times they felt would be maximum peak times. He explained
in general the methodology they used to conduct their
study, and the recommendations to improve the flow. The
resulting conclusion was that the intersection at Mara Lynn
and Shackleford would operate at an acceptable level "C"
with the suggestions in place during the entering peak
period on Sunday morning. That would be a drop from level
"B" that it currently operates at during those times. The
exiting peak period would operate at level "D". He added
that level "D" is an accepted design level for traffic
engineers at peak periods. When looking at the other access
from Breckenridge, they assumed a 36 foot wide, three lane
road, and that only 25% of the traffic would flow to and
from that direction. Their conclusion was that intersection
would operate at level "B" with only "Stop Sign Control" at
both the entering and exiting peak periods on Sunday
mornings.
Commissioner Nunnley asked if the traffic analysis for the
access road to Breckenridge included the Bible Church
traffic. The answer was yes. He added that when that church
is in session, people park along the street to such a
degree that you have only one lane open. More traffic
through there would add to an existing problem.
11
February 3, 2000
ITEM NO.: A (Cont.
FILE NO.: Z-6784
Commissioner Rahman asked about the impact the church would
have on Wednesday night traffic. Mr. Simmons responded that
was not studied because it was considered to be less than
on Sunday. When asked to estimate the current level of
service on Wednesday evenings at Mara Lynn and Shackleford,
Mr. Simmons responded he would estimate it to be level "B"
or at worst a "C".
Commissioner Nunnley commented that he lives near the
current Immanuel Church site and that the impact of the
church traffic during week nights is negligible.
Commissioner Berry mentioned the point that he felt it
would be very helpful for the neighborhood to see for
comparison what the impact would be if a retail or some
other commercial development moved into this site. He felt
the state will sell this property and it could be to a
commercial developer.
Commissioner Lowry asked Dr. Horn what he would expect his
growth to be over the next ten years. He replied he would
hope it would grow to 2000. Then in reply to the
Commissioner's follow on question, Mr. Simmons replied that
their study was based on the traffic estimated to be
generated from the full 2500 seat capacity, not a smaller
number.
Commissioner Hawn asked Dr. Horn what efforts he had made
to be a good neighbor to Walnut Valley so far. His response
was that he had offered the following to the neighborhood:
children's summer programs and basketball leagues, making
the family life center available to the neighborhood,
including having one night a month when the neighborhood
association could use the facilities free of charge, making
a contribution to the Walnut Valley park, working with the
neighbors regarding buffers and the impact of the access
road to Breckenridge, self-defense classes for women, and
senior adult activities and lunches.
Commissioner Berry commented on what he saw as an excessive
amount of parking since they have proposed about twice the
amount required by City ordinance. He felt that should be
cut down and then provide more buffer between the
residential area.
12
February 3, 2000
ITEM NO.: A (Cont.)
FILE NO.: Z-6784
Commissioner Faust pointed out that the ordinance states
that the Commission's charge is to review the compatibility
of a proposed conditional use with the area, and review the
measures being taken to protect the integrity of the
neighborhood. She continued that she had problems with the
compatibility that this large a church on this plot of land
would have in the close proximity with the established
neighborhood. She still had many questions before she could
decide. Her questions included how the church would look
in place, and what would King's Mountain look like after
the church was built. She felt elevations and cross-
sections could help answer those two questions. She also
felt the site was over parked.
Commissioner Rahman called upon Mark McGee to state his
concerns. He stated that he was concerned that the traffic
study data was gathered on December 19, 1999, which was
during Christmas break when many people were out of town
and schools were not in session. Also he was concerned over
the church adding a school later which would increase
traffic every weekday that the school was in session.
Commissioner Berry called upon Lisa Ring to add her
comments. She was concerned that when the traffic data was
gathered, Terry School across the street from the proposed
site was not in session, and she hadn't heard the school
mentioned during the discussion. She felt that some of the
school traffic would change the results because they have
after school programs that let out at the same times the
church would be having evening activities and Wednesday
evening services. She felt that this was not the place for
this big of a church, that there's too much in that area
already.
Commissioner Berry made the point that if the church wanted
to add a school in the future, they would have to come back
before the Commission to modify their C.U.P.. Mr. Lawson
added that the application does not ask for a school or any
day care, it's just for the church and "family life"
functions, and that would be all that would be allowed
without coming back before the Commission.
Mr. Lawson responded to the question of drainage by calling
upon Bob Turner, Acting Public Works Director. Mr. Turner
called up the project engineer, Pat McGetrick to review
what they would do to meet ordinance requirements. Mr.
13
February 3, 2000
ITEM NO.: A (Cont.)
FILE NO.: Z-6784
McGetrick stated that in redoing the intersection at Mara
Lynn and Shackleford, they would be reworking the drainage
to handle the run-off from the church site, and thereby
reducing existing problems too. He added that they would
meet City requirements for on site water detention and
discharge from the site. He added that the worst cuts
currently anticipated were 25-30 feet in 10-15% of the
site.
Commissioner Downing asked more questions of Mr. McGetrick
regarding the buffers to the residential areas north and
west. Mr. McGetrick replied that the buffer along the north
varies from 60 to 100 feet from the proposed paved area.
Muriel Lewis, architect for the project, added that along
the west side the buffer between the property line and the
paved area would be 40-45 feet. In both buffer areas they
plan to add additional evergreens before construction
begins to help provide a denser visual and sound buffer
right from the beginning. Mr. Lewis explained the concept
of the building and how it would fit in with the grades.
The result would be that there would be at most two floors
above grade and the parking areas would follow the grades
as much as possible.
Commissioner Rahman stated he still needed more information
before he could make a decision. He wanted to see a traffic
study that included the time frame when school is open,
including Wednesday nights, along with the "worse"
conditions, and what the traffic would be like with a
residential R-2 development on this site. He also wanted to
see cross-sections and elevations.
Commissioner Berry requested that traffic model impacts be
provided for other types of development on the site such as
office, commercial, and multifamily.
Commissioner Faust made the point that if the neighborhoods
want to preserve green space, probably a way to do it is
through City parks or through the neighborhood associations
themselves buying land in order to preserve it as green
space.
Commissioner Rector added that information needed for the
deferred meeting should include, besides traffic studies
and elevations, increased buffer considerations and why the
requested amount of parking is needed.
14
February 3, 2000
ITEM NO.: A (Cont.)
FILE NO.: Z-6784
A motion was made to defer the application to a special
meeting to be held on February 3, 2000. The motion passed
by a vote of 10 ayes, 0 nays and 1 absent.
STAFF UPDATE:
A revised site plan for the proposed new Immanuel Baptist
Church was provided to Staff on January 24, 2;000. The
following information summarizes the major. -changes in that
plan. The green buffer area'to the north and northwest
would be increased to a minimum of 100 feet, with 75 feet
of the northern buffer and about 30 feet of the
northwestern buffer remaining -undisturbed. The building
roof peak height above grade would be about 90 feet on the
north side and the building would be approximately 130 feet
further to the south than originally proposed. The steeple
height above grade on the north side would be about 145
feet, or 55 feet above the roof peak. The two-level
parking deck would be used only on the north side of the
building, and one of those levels would still be below
grade. The south parking area would be at grade and be
sloped down to about the same level as the Kroger parking
lot on the south side. The future additional building that
had been shown in the southeast portion of the property,
has been removed and replaced with at -grade parking. The
proposed total parking has been reduced from 1352 to 1204
spaces. (The ordinance minimum requirement is 625 spaces.)
The long parking area originally proposed along the entire
Shackleford Road frontage has been removed. There would be
a few spaces in the general area of the front entrance
which still faces Shackleford Road. The footprint of the
building would be a little longer running east/west, but
smaller running north/south.
PLANNING COMMISSION ACTION:
(FEBRUARY 3, 2000)
Dr. Rex Horn, Pastor of Immanuel Baptist; Jim Erwin, church
representative; Muriel Lewis, project architect; Gregg
Simmons, Peters Associates Engineers; and Pat McGetrick,
project engineer, were present representing the application.
There were 6 registered objectors, 1 registered proponent,
and one person registered as "not opposed", who were present.
Staff presented the item with a revised project proposal and
15
February 3, 2000
ITEM NO.: A (Cont.) FILE NO.: Z-6784
with a recommendation for approval subject to compliance with
the conditions listed above in the January 6 Planning
Commission Action minutes. Condition 4 has been changed to
read:
"Maintain a minimum 100 foot buffer on both the
north and west sides, with 75 feet of the north
buffer and 30 feet of the west buffer remaining
undisturbed."
The revised proposal is: To obtain a conditional use permit
for a new 19 acre church site on the northeast corner of
Mara Lynn Road and Shackleford Road, consisting of one main
church facility with accompanying parking, 100 foot buffers
on both the north and west.,sides, and access to
Breckenridge Drive and the' intersection of Mara Lynn and
Shackleford Roads. The property is zoned R-2, Single Family
Residential." The changes made were to drop the request for
expansion space on the east side of the main building, to
drop the future unspecified growth area in the southeast
part of the property, and to increase the buffers to 100
feet on the north and west sides.
The major changes in the proposed project were presented by
Staff as follows: increased buffers from 50 to 100 feet on
the north and west sides of the property, with 75 feet of
the north buffer and 30 feet of the west buffer remaining
undisturbed; a two level parking deck would be used only on
the north side of the building; the south side parking lot
would be at grade and larger than originally proposed; the
additional building on the southeast portion of the
property was deleted; total parking was reduced from 1352
to 1204 spaces and would be built in two phases, with phase
one containing 850 spaces. Phase 1 parking would include
all the north side parking area and about one-half of the
total south parking area closest to the building.
Staff also advised the Commission that since the January 6
meeting, an additional letter- and two phone calls were
received in opposition to the proposal. A copy of the
letter had been given to each Commissioner. The main
concerns expressed in the phone calls were traffic and a
negative impact on the adjoining property.
Muriel Lewis showed a drawing and reviewed the changes made
to the site plan in response to Staff and neighborhood
16
February 3, 2000
ITEM NO.: A (Cont.
FILE NO.: Z-6784
concerns. He pointed out the following changes on the
drawing: the building was moved to the south and east; a
minimum of 100 foot buffers were left on the north and
west; he described that the north side parking deck had
been moved 126 feet south and how it would be built
partially into the ground and not be very visible; he
stated the majority of the parking was now proposed on the
south side of the building and property; the building
height was lowered 5 feet and it had a narrower profile
from the east and west views. Mr. Lewis referred to a
letter from the State Highway Department that had been
given to the Commissioners which stated that the proposed
access road to Breckenridge across Interstate 430 right-of-
way appeared feasible, but final approval authority would .
lie with the Federal Highway Administration. Mr. Lewis also
explained that the access road to Breckenridge would have
evergreen trees planted along it to buffer it from the
houses in that area.
Mr. Gregg Simmons, from Peters and Associates Engineers,
presented the supplemental traffic study results. He stated
the additional data results showed that Wednesday evenings
would have a level of service `B' at both access points,
Breckenridge and Mara Lynn/Shackleford; (this included an
assumption that the service would have about 605 of the
number of people that come on Sunday morning). They also
found that the alternative development scenarios of a 380
unit multi -family, 200,000 square foot office, and 152,000
square foot commercial development, would all operate at
level of service `D' at both the a.m. and the p.m. peak
volumes five days a week.
Pat McGetrick explained the cuts into existing grades that
would result from the proposed project. They would be as
follows: north side, virtually none; northwest corner would
be cut 25 to 28 feet; the ridge in the middle of the
property where the church building would be located would
be cut 35 foot; they deleted the proposed retaining walls
along Shackleford and replaced them with graded 4 to 1
slopes; and there would be 3.5 foot maximum cuts in the
area where the road would go out to Breckenridge.
Curtis Thomas, retired executive pastor for the Bible
Church of Little Rock on Breckenridge, asked that something
be placed in writing or as a condition in the C.U.P. that
17
February 3, 2000
ITEM NO.: A (Cont.)
FILE NO.: Z-6784
if traffic becomes a larger problem due to Immanuel Baptist
that it would be worked out.
Russell Lemond, President of the Walnut Valley Homeowners
Association, stated that the Association had reached an
agreement with Immanuel Baptist Church regarding the
development of the proposed site. While they would prefer
the site not be developed at all, they had reached a
compromise that they would not oppose the development if
the church agreed to four points as follows: 1) there would
be a restricted use covenant between Walnut:Valley Property
Owners Association and Immanuel Baptist Church regarding
restrictions on the use of the new access road to
Breckenridge and protection against encroachment into the
agreed to buffer zones; 2) Immanuel Baptist would provide
to Walnut Valley Property Owners Association a contractor's
construction time line and keep Walnut Valley Association
appraised of pre -construction plans; 3) Immanuel Baptist
would provide a plan for two way communication during the
construction project; 4) the new access road to
Breckenridge would be constructed last contingent upon
requirements that might be imposed by outside entities such
as the City of Little Rock, Arkansas Highway Department,
Federal Highway Authority, or the impact of project cost.
Mr. Lemond commented about other issues which he felt if
the request was approved, needed to be addressed between
the church and the City as follows: a detailed hydrology
study to address how water control and runoff during and
after construction will affect the area where the plans
call for the site to be drained to an area that lies within
a floodplain; second, how the rebuilding of the
intersection at Mara Lynn and Shackleford would impact an
already bad `F' rated intersection at Markham and
Shackleford, as well as traffic flow on Shackleford north
of this intersection; third, ensure there is a serious look
at other alternatives to the proposed access road to
Breckenridge in conjunction with Highway Department plans
to relieve problems where I-630, I-430 and Shackleford
intersect.
Five people spoke in opposition. Mary Zehr was concerned
about the negative impact on Breckenridge traffic flow
which she felt was already bad when the Bible Church has
services or events, and the worsening of identified traffic
problems at Markham and Shackleford. Cynthia Hester was
18
February 3, 2000
ITEM NO.• A (Cont.) FILE NO.: Z-6784
concerned that this development would decrease her property
value, increase an existing water run-off drainage problem,
and she wanted to be sure the buffers are maintained. Ruth
Bell expressed that the League of Women Voters was
concerned that this proposal would increase traffic
problems, and that the right-of-way for the private access
road to Breckenridge should be used for a public access
road all along I-430 to pull traffic away from the
residential streets. Susan McGee stated one of the more
attractive aspects of this City 5 years ago was the green
areas and beautiful trees. This was one of the last green
areas around. She was very disappointed to find out that
talk of preserving green areas and even turning this area
into a park was all political rhetoric. Bernice Van Sickel
was concerned over increased traffic on North Shackleford
where she lives, and she felt that this development would
decrease her property value.
Jim Lawson, Planning & Development Director, responded to
some of the concerns raised. He stated that Immanuel
Baptist is planning to hire a police officer to direct
traffic on Breckenridge at the access road when the access
road would be open. Bob Turner, Public Works Director,
stated that the proposed access road would make it
necessary to prohibit parking along Breckenridge in this
area. Mr. Turner also stated that they would be looking
closely at the impacts of this project on the floodplain
along Breckenridge to make sure it was handled according to
City standards.
Commissioner Nunnley raised a question regarding his
concern about the way the hearing was proceeding, and that
he felt that Mr. Lawson was coming across as an advocate
for the project. Mr. Lawson responded that he was simply
trying to answer the concerns raised and that he was not
advocating the project.
Commissioner Downing asked about other levels of review
necessary where the access road would transit the flood
plain area near Breckenridge. Mr. McGetrick responded that
they would have to meet City, State and Federal Highway
Department, Corp of Engineers and FEMA requirements for
construction in the floodplain. Commissioner Downing also
had Mr. McGetrick explain what they would do through this
project to help the drainage problems in front of the
Kroger store. Mr. McGetrick explained that on site water
19
February 3, 2000
ITEM NO.: A (Cont.)
FILE NO.: Z-6784
detention and drainage management would actually reduce the
run-off to the intersection of Mara Lynn and Shackleford
from this property, and that when they rework the
intersection to integrate the access to the church site,
measures would be taken to lesson the existing drainage
problems. Commissioner Downing concluded with the point
that this project may improve the drainage problem at the
intersection, but it would not eliminate it completely, nor
would the applicant be required to totally eliminate that
problem.
Commissioner Ernest asked about any effort to make a land
swap between the City and State to preserve this property
as open space. Mr. Lawson stated that according to Bryan
Day, City Parks Director, the idea had been considered but
fell through, and that there were no plans to do that now.
Commissioner Lowry asked Mr. Turner about the impact of
this project on the drainage problem at the intersection of
Mara Lynn and Shackleford. Mr. Turner verified that the
project cannot worsen the current situation and probably
would improve the situation. Commissioner Lowry asked Mr.
Simmons about the impact of this site on traffic at
Shackleford and Breckenridge, "and Shackleford and Markham.
Mr. Simmons stated that they did not study those particular
intersections, but he agreed that church traffic would have
some impact at those two locations. He also noted that the
church's highest peak on Sunday morning was not the peak at
Shackleford and Markham, and that the Wednesday evening
inbound church traffic would occur towards the end of the
peak at Markham and Shackleford, and that the outbound
traffic would be after the peak at that intersection. Bill
Henry, City Traffic Engineer, stated that he felt the
church traffic would not add to the peak problems at
Markham and Shackleford because of the timing of their
services. He added that the worst peak level of service `D'
at Mara Lynn and Shackleford was an acceptable design level
in an urban area.
Commissioner Nunnley asked if an environmental impact study
was required for this proposal, to which Mr. Turner
responded no. To the Commissioner's questions of would the
church be renting out their facilities and would they
schedule religious concerts there, Dr. Horn responded he
does not plan to rent out the facilities and concerts would
occur only during special seasons like Christmas, and that
20
February 3, 2000
ITEM NO.: A (Cont.)
FILE NO.: Z-6784
would occur only on Sunday. The Commissioners also asked
about the decision that a level of service `D' would be
acceptable when the next intersection, Markham and
Shackleford, has been labeled as one of the most accident
prone intersections in Little Rock. Mr. Simmons responded
that is the industry's acceptable design level of service
for an urban intersection.
Commissioner Rahman commented on the fact that the
ordinance lists a church as an acceptable conditional use
in an R-2 zoned area, but that he believed. that the concept
of a church at the time that was included in the ordinance
was different than what this proposal represents. He
believed that the size of this church would have a
detrimental effect on the area.: He also asked why there was
any concern about it being 'developed as an office or
commercial site when it's zoned R-2. Mr. Lawson responded
that the State owns the land and could put anything they
want on it, including an office building, without getting
approval from the City. The State put the walkway over the
interstate originally with the thought in mind that there
would be another state office building on this site, but
they have never put one there. Staff's position is that
this site will not be left as open space or be developed
for residential use, but it will be developed. The City has
no plan to, nor can they afford to, buy the land and
develop it as a park. Therefore, staff believes the church
would be acceptable and the preferred use.
Commissioner Rector commented on statements that this is
zoned R-2 and should be developed that way. He said he felt
that a full development of this property with residential
houses would actually have a larger negative impact on
traffic than the church would, based on trips generated and
the timing of those trips.
Commissioner Faust asked if the landscaping proposed for
this site would correspond with the new proposed landscape
ordinance. Mr. Lewis responded that the proposed
landscaping would exceed what the currently proposed
landscape ordinance would require.
Commissioner Ernest disputed the
could not be park land. He stated
through the political process and
legislature to see about securing
21
statement that this site
that there are ways
through the state
this site for park use.
February 3, 2000
ITEM NO.: A (Cont.
FILE NO.: Z-6784
Commissioner Berry asked that the phased parking be better
defined and asked if the area left for phase two would be
left undisturbed until its construction.
Commissioners Faust and Downing stated they felt the basic
question was, would the church be an appropriate use at
this proposed site, and would it be compatible without
causing an adverse affect on the surrounding property. They
both felt traffic was not the overriding 'question.
Commissioner Downing asked Russell Lemond if the
neighborhood felt residential development would be better
than the proposed church or that the church would be the
best use for this property., Mr.• Lemond responded that the
association would prefer the site remain undeveloped and
that they hadn't looked at residential development since
that wasn't the proposal.
Commissioner Muse asked Dr. Horn if they had considered
alternate sites. Dr. Horn stated that they had looked at
other sites but were trying to stay as close to downtown
Little Rock as possible, maintain ministries in town and be
more centrally located to the bulk of church members. They
did not want to go way out on Chenal or Highway 10, so they
didn't look at sites out there.
Commissioner Berry said he felt this was a case of infill
development and that the church would be a more benign use
and would be appropriate for this site, and that the church
has taken measures to mitigate impacts. He felt traffic
will be a problem there no matter what.
Commissioner Nunnley asked that they take a 5 minute recess
before voting to take a breather and have a moment to think
about it. The other Commissioners agreed.
After the recess Vice Chair Berry commented that either
party could appeal the outcome to the Board of Directors
within 30 days.
Commissioner Rector asked Mr. Erwin to clarify a statement
he made earlier regarding who bid on this site with the
church. He stated that all the bidders bid on the property
as though it were zoned R-2, but none of them were
residential developers. All of them were speculators
22
February 3, 2000
ITEM NO.: A (Cont.)
FILE NO.: Z-6784
attempting to buy the property to do something else with
it. None of the bidders intended to try to develop the site
with single family residential houses. He added that the
State's minimum bid was such that there was no way you
could sell it at a -price to justify residential
development.
Commissioner Muse commented that he would vote for the
proposal for two main reasons. One was to help keep this
church from moving farther out west. The second was that he
felt that this development would have the least amount of
impact as far as traffic was concerned. He also wanted the
neighborhood's four points of agreement made with the
church and stated by Mr. Lemond to be made part of any
approved C.U.P. Dr. Horn affirmed that the points read by
Mr. Lemond were correct.
A motion was made to approve the application as submitted
to include staff comments and recommendations, the drawing,
the phased parking, and the four points of agreement made
between the Property Owners Association and the church as
stated by Mr. Lemond. The motion passed by a vote of
6 ayes, 3 nays and 2 absent.
23
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