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HomeMy WebLinkAboutZ-7007 Staff AnalysisMay 3, 2001 ITEM NO.: 12 FILE NO.: Z-7007 NAME: Thomas Memorial Baptist Church - Conditional Use Permit LOCATION: 3207 West 13th Street OWNER/APPLICANT: Thomas Memorial Baptist Church PROPOSAL: To obtain a conditional use permit for a new church site with a seating capacity of 350 people on property zoned R-3, Single Family Residential, and R-4, Two Family Residential. ORDINANCE DESIGN STANDARDS: 1. SITE LOCATION: This 1.72 acre site consumes most of the block between 13th and 14th Streets, and Allis and Brown Streets. It also includes a small portion of property on the east side of Allis Street between 14th Street and the alley. 2. COMPATIBILITY WITH NEIGHBORHOOD: The proposed site consists of several lots which are zoned primarily R-3, Single Family Residential, except for one lot in the northeast corner of the site which is zoned R-4, Two Family Residential. The area is in an older residential part of Little Rock consisting of relatively small, one and two story frame houses. The surrounding zoning is R-3 and R-4. The church is currently located on Brown Street, less than a block west of the proposed site. So it has already established a presence in the neighborhood and wishes to expand its facilities to accommodate a growing church. Staff believes the proposed church site would be compatible with the neighborhood, and with proper screening from the abutting residential properties, it should have only minimal negative impact. May 3, 2001 ITEM NO.: 12 (Cont.) FILE NO.: Z-7007 The Stephens Area Faith Neighborhood Association, all property owners within 200 feet, and all residents within 300 feet that could be identified, were notified of the public hearing. 3. ON SITE DRIVES AND PARKING: The overall site is divided because of an alley running through the middle, and because part of the site is across Allis Street to the east. Therefore, -several access drives into the various parking areas are proposed from 13th, 14th, and Allis Streets. The alley between Allis and Brown Street would be restored, improved and used as one means of accessing the site. The proposal includes a 350 seat sanctuary. That results in a requirement for 87 parking spaces at a rate of one for every four seats. Only 50 spaces are shown on the main church site. There are an additional 23 parking spaces in the parking areas on the east side of Allis Street. Those would be considered off-site since they are across Allis Street and would represent 26% of the total required. Those two areas together total 73 spaces, which is only 84% of the minimum required total number of parking spaces. However, an additional 60 spaces of off-site parking would be available on the current church site on the west side of Brown Street, less than 300 feet west of this proposed site. Those spaces would bring the total available to 133. There would be 37 of the required 87 spaces located off-site, or 42%. A variance would be required to allow that percentage to be off-site since the ordinance allows only 25% to be off-site. The church plans to gate or chain closed the accesses when not in use, but the alley would always be open. 4. SCREENING AND BUFFERS: With the reduction allowed within the designated "mature area" and the transfers allowed by ordinance, the areas set aside for buffers and landscaping meet the ordinance requirements. A six-foot high opaque screen, either a wooden fence with its face side directed outward or dense evergreen 7 May 3, 2001 ITEM NO.: 12 (Cont.) FILE NO.: Z-7007 plantings, is required where adjacent to residential properties. An irrigation system to water landscaped areas is required. 5. PUBLIC WORKS COMMENTS: a. Allis Street is 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-way is required at the corner of Allis and 13th and at the corner of Allis and 14th. 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. Driveways shall conform to Sec. 31-210 or Ordinance 181031. Close driveways that do not meet ordinance requirements. e. Property frontage needs to have the sidewalks and ramps brought up to the current ADA standards. f. Repair or replace any curb and gutter or sidewalk that is damaged in the public right-of-way prior to occupancy. g. Plans of all work in right-of-way shall be submitted for approval prior to start of work. h. Stormwater detention ordinance applies to this property. i. Easements for proposed stormwater detention facilities are required. j. Construct alley to Brown Street. 6. UTILITY. FIRE DEPT. AND CATA COMMENTS: Water: Contact the Water Works regarding meter size and location. Wastewater: Six inch sewer main located in alley. Contact Little Rock Wastewater Utility for details. Southwestern Bell: Approved as submitted. ARKLA: No comments received. 3 May 3, 2001 ITEM NO.: 12 (Cont.) FILE NO.: Z-7007 Entergy: No comments received_ Fire Department: Place fire hydrants per code. Contact Dennis Free at fire department about turning radius. CATA: No comments received_ 7. STAFF ANALYSIS: The applicant has requested a conditional use permit for a new church site with a seating capacity of 350 on property zoned primarily R-3, Single Family Residential, and R-4, Two Family Residential. Accompanying parking would also be provided adjacent and near the main church building. The church has been buying vacant, deteriorating houses, removing them and now wishes to build a new church. The church has existed on Brown Street just to the west of this proposed site for many years, has already established a presence in the neighborhood, is growing and wants to build a new facility to accommodate the increasing membership and services being provided. The existing church building would remain and continue to be used for existing service type ministries such as food and clothing distribution. The site is well within an established residential neighborhood consisting of mainly R-3 and R-4 zoning with relatively small, one and two story frame houses. The new church would appear to be one-story from the front (13th Street) and two stories from the rear because of the sloping contour of the property, but would meet overall height maximums. Services would normally be held at usual times on Sunday mornings and Wednesday evenings. There would not be a day care center or school operated at this site. The site layout had to factor in one lot that fronts on 14t` Street that is within the overall site area, but is not owned by the church. Setbacks are met except for at that lot. There the rear setback for the church building would be only 17 feet versus a requirement for 25 feet for a distance of 50 feet. A variance would be required for that reduced setback. The height of the structure would not exceed the ordinance maximums of 35 2 May 3, 2001 ITEM NO.: 12 (Cont.) FILE NO.: Z-7007 feet for the structure and 70 feet for the steeple. The applicant has agreed to screen the adjacent residential areas with irrigated evergreen plantings. The proposed plan meets all other landscaping and buffer requirements when taking into consideration the 25% reduction for a "designated mature area." A sign would be installed along 13th Street and be sized within normal office sign criteria. Small directional signs would be used at some of the driveways. Parking is another issue. The proposal includes a 350 seat sanctuary. That results in a requirement for 87 parking spaces at a rate of one for every four seats. Only 50 spaces are shown on the main church site. There are an additional 23 parking spaces in the parking areas on the east side of Allis Street and 60 spaces at the existing church site on Brown Street. Those would all be considered off-site since they are not on the same lot as the church. There would be 37 of the required 87 spaces located off -site, -or 42%. A variance would be required to allow that percentage of off-site parking since the ordinance allows only 25% to be off- site. Staff believes this would be a reasonable request since most of those off-site spaces are just across the street. Staff believes the proposed use would be reasonable for this property and that with proper perimeter screening, it would be compatible with the neighborhood and have a minimal adverse impact. 8. STAFF RECOMMENDATION: Staff recommends approval of the conditional use permit subject to compliance with the following conditions: a.Comply with the City's Landscape and Buffer Ordinances. b. Comply with Public Works Comments. c. Comply with Fire Department Comment. d.All exterior lighting must be low intensity and directed downward and inward to the property and not towards any residential zoned area. Staff also recommends approval of the reduced rear setback variance to 17 feet, a variance allowing 42% of 0 May 3, 2001 ITEM NO.: 12 (Cont.) FILE NO.: Z-7007 the parking to be off-site, and approval of the main sign conforming to office sign standards and directional signs at driveways. SUBDIVISION COMMITTEE COMMENTS: (APRIL 12, 2001) Pastor Milton Graham, and Raymond Branton, project architect, were present representing the application. Staff gave a brief description of the proposal and briefly reviewed the comments provided to the applicant. Public Works expressed their concern over the number of driveways and particularly how close the access to 13t' Street was to the property line. The applicant agreed to move that access further east. Staff also reviewed the screening requirements, sign requirements, and the way the parking was laid out. Staff reminded the applicant to provide notification by certified mail to property owners within 200 feet no later than April 18, 2001, and that the applicant must provide postmarked certified outgoing receipts, the abstract list of property owners, and the original notification letter with affidavit completed, to Staff no later than six days prior to the public hearing. There being no further issues, the Committee accepted the proposal and forwarded the item to the full Commission for final action. PLANNING COMMISSION ACTION: (MAY 3, 2001) Pastor Milton Graham and Deacon Michael Booth were present representing the application. There were four 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. Ms. Ida Wiley, resident at 1400 S. Brown Street spoke in opposition. She emphasized that she was not opposed to churches, she supported her own church, but she said this church was not attended by people in this neighborhood. If 2 May 3, 2001 ITEM NO.: 12 (Cont.) FILE NO.: Z-7007 it stayed as it is on Brown Street it was all right, but she didn't want it to expand. She also stated that she understood the current church building would be used as a halfway house and the new church would include a day care. She was also concerned how close the new parking areas would come to houses on adjacent property she owned, and she didn't want to lose the alley access to her properties. James Wiley, III spoke in opposition on behalf of his parents who live at 1400 South Brown. He stated that their main concerns were how close the new church structure would come to their rental property, what was the nature of the drug counseling and treatment that the church would conduct, what exactly would the existing building be used for. Commissioner Nunnley asked Staff about the reference made to a halfway house and drug treatment since they weren't mentioned as part of the uses in the application. Dana Carney, of the Planning Staff, responded that to Staff's knowledge those are not proposed uses and those uses would not be allowed in the existing or new church facilities. He added that the church has not asked to be allowed to do drug treatment or a day care. The day care could be made part of the church uses within the C.U.P., but this applicant does not now have and has not asked for a day care as part of their C.U.P. Hosea Blackman, the resident of the property on the south side of the site fronting on 14th Street, spoke in opposition. He was concerned about the closeness of the new church building to his house, doesn't want the church next to him, and didn't feel that the things he heard the church was planning to do were religious in nature. Pastor James Wiley Sr. spoke in opposition. He stated that he didn't object in general to what the church wanted to do, but he felt the direction the church is going should be better explained and discussed with the neighbors, and with more consideration given to how it would impact the neighbors. He added that they don't want to give up their property and want the area kept peaceful. Michael Booth, Chairman of the Deacon Board for Thomas Memorial Baptist Church, responded to the concerns expressed. First, he stated that there are people who live 7 May 3, 2001 ITEM NO.: 12 (Cont.) FILE NO.: Z-7007 in this neighborhood who do attend this church. Second, he stated that the church does not have a day care or a halfway house now and they do not plan to have either one in the future. He added that all they have are food pantry and clothing give-away ministries at the church that they do plan to continue. Regarding maintaining access through the alley, Mr. Booth stated that the alley had collected trash, appliances and needles and been impassible for years. He noted that the church tore down several old drug houses on these properties that they bought and that they will improve the alley and make it a paved access drive with the proposed construction. He stated that they are not taking any property, they will use property that they legally purchased. The survey that had been accomplished showed that Rev. Wiley's property encroaches four feet onto the church property. He added that the church has never brought any bad elements into the community during the 50 years of its existence. Milton Graham, Pastor of Thomas Memorial Baptist Church for the past three years, also responded. He stated that he personally had talked with Rev. Wiley who told him he had no problem with what the church proposed to do. He added that they hoped to use the entire block for their new church, but after Rev. Wiley made it clear that they did not want to sell their three properties, they changed the plans to fit around those properties and keep the alley open. Pastor Graham also stated in response to the statement that the church was not being built to code, that they had hired a good architectural firm from the beginning to design the church according to all City codes. He also stated they had no plans for a halfway house, but only normal church functions which include counseling of people for whatever problems they have. He felt he had worked very well with Rev. Wiley and kept him apprised of their plans, which he never objected to. James Wiley presented a letter he said the church sent to the neighbors that talked about providing counseling regarding abstinence, drugs, sex education, and mentoring programs for young men and women. He added that those counseling programs would bring undesirable people into the neighborhood who weren't serious about recovery. Commissioner Allen commented that he hadn't heard anything in the letter Mr. Wiley read which said anything about a 8 May 3, 2001 ITEM NO.: 12 (Cont.) FILE NO.: Z-7007 halfway house or functions unusual for a church. Commissioner Nunnley agreed. A motion was made to approve the application as submitted to include staff comments and recommendations, and the applicant's statements and agreements. The motion passed by a vote of 10 ayes, 0 nays and 1 absent. 9