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HomeMy WebLinkAboutZ-6906 Staff AnalysisSeptember 14, 2000 ITEM NO.: 14 FILE NO.: Z-6906 NAME: Harrison Church - Conditional Use Permit LOCATION: 4324 West 14th Street OWNER/APPLICANT: Rev. O.V. Harrison PROPOSAL: To obtain a conditional use permit to use an existing single family house for a church with on site parking on property zoned R-3, Single Family Residential, located at 4324 West 14th Street. ORDINANCE DESIGN STANDARDS: 1. SITE LOCATION: The existing house for the proposed church site is located on the northeast corner of the intersection of Peyton and 14th Streets. 2. COMPATIBILITY WITH NEIGHBORHOOD: This existing house is located on property zoned R-3, Single Family Residential, and is surrounded by R-3 and R-4, Two Family Residential zoning. The area consists of one and two family homes of varying size on various size lots. The property immediately to the east is vacant. The proposed church is very small, maximum seating of 32, and fits the old concept of a neighborhood church, just large enough for church services, an occasional fellowship meeting of church members, with a little surrounding parking. Staff believes the proposed use would be compatible with the neighborhood. The Stephens Area Faith and Hope Neighborhood Associations, all property owners within 200 feet, and September 14, 2000 SUBDIVISION ITEM NO.: 14 (Cont.) FILE NO.: Z-6906 all residents within 300 feet that could be identified, were notified of the public hearing. 3. ON SITE DRIVES AND PARKING: The house has one driveway from, 14th Street which would remain. A second drive is proposed from Peyton into the parking area in the rear of the existing building. Parking in the rear could accommodate up to seven cars, and the existing driveway could accommodate two unobstructed parking spaces and four double stacked spaces. Parking for churches is based on the seating capacity of the main sanctuary at a rate of 1 parking space for every four seats. That would result in this case of a requirement for eight parking spaces. The street construction at this intersection has no curb and gutter, but only open ditches for drainage along the side of the streets. Therefore, on street parking could also occur in this area. 4. SCREENING AND BUFFERS: A six foot high opaque screen, either a wooden good neighbor fence or dense evergreen plantings, is required along the eastern perimeter of the site. A six foot wide on-site landscape strip is required east and west of the on-site vehicular use area. 5. PUBLIC WORKS COMMENTS: a. West 14th and Peyton Street are classified on the Master Street Plan as a commercial street. Dedicate right-of- way to 30 feet from centerline. b. A 20 feet radial dedication of right -of -sway is required at the corner of Peyton and West 14th Street. c. Provide design of street conforming to "MSP" (Master Street Plan). Construct one-half street improvement to these streets including 5 -foot sidewalks with planned development. d. Plans of all work in right-of-way shall be submitted for approval prior to start of work. e. stormwater detention ordinance applies to this property. 2 September 14, 2000 SUBDIVISION ITEM NO.: 14 (Cont. FILE NO.: Z-6906 f. A Grading Permit will be required with building permit for parking lot. 6. UTILITY, FIRE DEPT. AND CATA COMMENTS: Water: No objection. Contact the Water Works if additional water service is needed. Wastewater: Sewer available, not adversely affected. Southwestern Bell: No comments received. ARKLA: No comments received. Entergy: No comments received. Fire Department: Approved as submitted. LATA: Site is near bus routes #3 and 9 and has no effect on bus radius, turnout and route. 7. STAFF ANALYSIS: The applicant has requested a conditional use permit to convert an existing single family house into a church with on-site parking on property zoned R-3, Single Family Residential. This site exists in an older neighborhood of the City, two blocks south of 12th Street, at the intersection with Peyton Street. The surrounding area consists of one and two family homes of varying age, size, and on various size lots. The property immediately to the east is vacant. The applicant has purchased this property through the delinquent tax program, has gutted the inside, and is renovating it so it can be used as a church. Only the inside of the building is proposed to be changed, so setbacks and siting are not issues. However, screening, paving and street improvements are open issues. The applicant has also asked to include two signs in the approval. The applicant has asked for a 5 -year deferral of the 3 September 14, 2000 SUBDIVISION ITEM NO.: 14 (Cont. FILE NO.: Z-6906 requirements to pave and install screening around the vehicle use areas to give his church time to acquire additional funds, and possible the lot adjacent to the east. Staff believes that is a reasonable request based on the size of this church membership and the traffic it will generate. The applicant plans to make an in -lieu payment for the street improvements. Residential zoning allows for signs that are only one square foot in area. The applicant proposes two signs. One would be a ground mounted, 4 feet by 4 feet in size, and six feet tall sign on the corner, visible from both Peyton and 14th Streets. The second would be a wall sign facing 14th Street. Both of the proposed signs would comply with the sizes normally allowed for churches, but would require a variance for this site since it is zoned R-2. Since this proposal includes renovating an old house to be used for public assembly, comments were developed regarding the issues that would need to be addressed from a building code perspective. Compliance with those comments has been included as a condition of the C.U.P. Those comments are as follows: o Compliance of all Zoning and Public Works comments. Additional items may be more specific than expressed in the Conditional Use Approval. These items will be considered as part of the conditions of the Building Permit. a A handicap route will be required from a HC parking space into the structure. If parking will be in the rear of property provide accessibility into the rear area. Elevations are unknown, the adequacy of the ramp design is unknown, applicant should have a good working knowledge of ramp construction. At least one unisex restroom must be accessible and this will require more detailed drawing. o It is unknown if the proposed columns and the elimination of load bearing walls are suitable. These items can be field checked but if issues 4 September 14, 2000 SUBDIVISION ITEM NO.: 14 (Cont.) FILE NO.: Z-6906 arise, the applicant can be required to retain a structural engineer to determine and design an adequate design. What size beam will be provided in conjunction with the columns? More information about the roof loading would be helpful. ■ All exit doors, at least two are required, must be marked with a lighted exit light and swing to the outside. All exit doors are required to have exterior landings at the same elevation as the inside finish floor as per Section 1012.1.3. • Emergency lighting must be provided along the path of exit access. ■ A licensed contractor must perform any mechanical, electrical, and plumbing work and permits shall be issued and inspections performed. All work must conform to commercial standards. • For building permit purposes a more detailed, architecturally drafted plan will be required. It would be helpful to outline the proposed construction to remodel this building. • What is the maximum occupancy capacity of the church? Depending on the size of the congregation and events, additional items could be required. Staff believes the proposed use is reasonable and would be compatible with the neighborhood. 8. STAFF RECOMMENDATION: Staff recommends approval of the conditional use permit subject to compliance with the following conditions: a. Comply with the City's Landscape and Buffer Ordinances. 5 September 14, 2000 SUBDIVISION ITEM NO.: 14 (Cont.) FILE NO.: Z-6906 b. Comply with Public Works Comments. c. All exterior lighting must be low intensity and directed downward and inward to the property and not towards any residential zoned area. d. Comply with the comments from building codes. Staff also recommends approval of the deferral of paving and screening of the parking area for up to five years, and the variance to allow the size of the two signs as submitted. SUBDIVISION COMMITTEE COMMENTS: (AUGUST 24, 2000) Reverend O.V. Harrison was present representing his application. Staff gave a brief description of the proposal, briefly reviewing the comments provided to the applicant. The applicant had several questions about Public Works comments. It was suggested that he meet with them separately on those issues. He then explained to the Committee about the small size of his membership and why he needed the deferral of screening and paving. He stated he did want to put up some signs and the Committee suggested he put together the specifics of what he wanted to do and submit it to Staff. There being no further issues, the Committee accepted the proposal and forwarded the item to the full Commission for final action. STAFF UPDATE: Reverend Harrison said he misunderstood the requirements for notification and did not follow the requirement to have an abstract company assembly a list of the property owners within 200 feet. He assembled the list himself from the county tax records. He did accomplish timely notification of the owners within the required 200 feet by'certified mail, but he developed his own list of the owners. Therefore, he asks the Commission to waive its bylaws and allow his list of property owners to be accepted as the 0 September 14, 2000 SUBDIVISION ITEM NO.: 14 (Cont.) FILE NO.: Z-6906 basis for notification. Staff has examined the list and believes it does include the required owners. PLANNING COMMISSION ACTION: (SEPTEMBER 14, 2000) Reverend O.V. Harrison was present representing his application. There were no registered objectors present. Staff presented the item with a recommendation for approval subject to compliance with the conditions listed under "Staff Recommendation," paragraph 8 above. Staff also reviewed the comments in the "Staff Update" above and noted the Commission would have to waive its bylaws to accept the notification as accomplished. A motion was made to waive the Commission's bylaws as noted by Staff and accept the notification as accomplished. The motion passed by a vote of 9 ayes, 1 nay and 1 absent. At the request of Commissioner Nunnley, Staff explained its support of the deferral of paving and screening of the parking area. That support was based on Rev. Harrison's plan to purchase the lot directly to the east of this site and construct a paved parking area there. He has already placed a bid on that property. If he does not acquire that property he would then be required to pave the area in the rear of the proposed church for parking. He does understand that he will have to come back to the Commission if he proceeds with the plan to place the parking in the adjacent property. Commissioner Muse had several questions. He asked the applicant where his congregation meets now, how large it was, and what he planned to do with this site if his congregation grows too large for this location. Rev. Harrison responded that he has eight members, they currently meet in a rented facility at 1401 W. 18th Street, and his plan for the foreseeable future would be to expand at this site by building a larger church on land including the adjacent lot and a half that he has bid on. Commissioner Muse also asked if the other churches in the vicinity used the streets in his area for parking, and if he does outgrow this proposed site, did he plan to keep ownership and continue to use it in his ministry. 7 September 14, 2000 SUBDIVISION ITEM NO.: 14 (Cont. FILE NO.: Z-6906 Rev. Harrison's response was he didn't believe there would be any conflict with other churches, and he did not plan to sell the property but would maintain it as a church. A motion was made to approve the application as submitted to include staff comments and recommendations, to include the deferral for screening and paving the parking area for up to five years, and the variance to allow the size of the two signs as submitted. The motion passed by a vote of 10 ayes, 0 nays and 1 absent. - 8