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HomeMy WebLinkAboutZ-7220 Staff AnalysisFILE NO.: Z-7220 Cont. I. STAFF RECOMMENDATIONS: Staff recommends denial of the application, as filed. PLANNING COMMISSION ACTION: (MAY 23, 2002) The applicants were present. There were no objectors present. This item was discussed in conjunction with the associated Land Use Plan Amendment; LU02-10-03. Staff presented the item and a recommendation of denial. Commissioner Berry asked staff to explain their recommendation of denial. Staff stated there were concerns about the proposal to lease up to 25% of the building for unrelated general and professional office uses. Staff noted the changing nature of the office zoned property to the west and the presence of a narrow strip of single family homes to the east. Staff stated there were concerns about surrounding those homes with office uses. When asked by Commissioner Berry what uses would be appropriate for the site, staff responded that institutional uses similar to those to the northwest appeared most appropriate. Dr. Stephen Christian, pastor of Bountiful Blessing Church, the proposed buyer of the Nazarene Church, addressed the Commission in support of the application. Rev. Ken Campbell, pastor of the Nazarene Church, spoke in support. Darrel Odom, architect and member of the Knights of Columbus, spoke in support of the item. He stated the Lodge needed the lease space to make the purchase financially feasible. Mr. Odom stated the Lodge might eventually expand into the office/lease space. He stated it was his opinion that allowing the office use was appropriate since a church or another institutional type use could have 1,500 square feet of office space within it. Mr. Odom stated the office uses would be limited to Monday -Friday, 8:00 a.m. to 5:00 p.m. Chairman Lowry noted there was no opposition. Mike Berg, a member of the Lodge, made note of a letter from Little Rock Parks asking that there not be a fence erected along the common property line between the Lodge site and University Park. Commissioners Allen and Floyd voiced support for the item 4 FILE NO.: Z-7220 (Cont A motion was made to approve the application, as amended to include the hours proposed and subject to compliance with the conditions and comments outlined in Sections D, E and F of this report. The motion was approved by a vote of 8 ayes, 1 noe and 2 absent. May 23, 2002 ITEM NO.: 3 FILE NO.: LU02-10-03 Name: Land Use Plan Amendment — Boyle Park Planning District Location: 1600 S. Cleveland Street Request: Public Institutional to Suburban Office Source: Darrel Odom, Knights of Columbus, and Odom & Associates PROPOSAL / REQUEST: Land Use Plan amendment in the Boyle Park Planning District from Public Institutional to Suburban Office. The Suburban Office category shall provide for low intensity development or office parks in close proximity to lower density residential areas to assure compatibility. The applicant has applied for a Planned Development to construct a building with offices, meeting rooms, and related spaces. EXISTING LAND USE AND ZONING The property is currently a vacant lot zoned R-2 Single Family and is approximately 0.62+ acres in size. The property to the north is University Park, which is zoned PR — Park and Recreation. The properties to the east consists of houses zoned R-2. The lot to the south is the University Park Church of the Nazarene, which is zoned R-2. The property located south of Boyle Park Road consists of houses zoned R-2. The neighboring property to the west is vacant land zoned 0-3 General Office with a Conditional Use Permit for apartments. FUTURE LAND USE PLAN AND RECENT AMENDMENTS: On July 17, 2001, a change was made from Single Family to Park/Open Space at the Oak Forest Park about 4/10 of a mile northeast of the applicant's property. The applicant's property is shown as Public Institutional on the Future Land Use Plan. The property to the north is shown as Park/Open Space, while the property to the east is shown as Single Family. The neighboring property to the south is shown as Public Institutional for the church and Single Family south of Boyle Park Road. The land to the west is shown as Multi -family. The Future Land Use Plan for this area has recently been reviewed in the Boyle Park neighborhood study. The study encouraged low-density multi -family and/or single-family residential development to take place on currently vacant lands within the neighborhood. The study also recommended that non-residential developments should be low intensity developments, and limiting office uses in May 23, 2002 ITEM NO.: 3 (Cont) FILE NO.: LU02-10-03 the area to small-scale medical, legal, and financial services. The study discourages locating traffic generating businesses within residential areas of the neighborhood. The study did not result in any Land Use Plan Amendments. MASTER STREET PLAN: Cleveland Street and Bolye Park Road are both shown as Collector Streets on the Master Street Plan and are built to standard. McKinley Street is an un -built residential street and was recommended for closure as a condition for the approval of the Conditional Use Permit for the neighboring apartments to the west. W. 16th Street is an un -built residential street currently used as a right-of- way for sewer and power lines. There are no bikeways shown that would be affected by this application. PARKS: The applicant's property is located next to University Park, which is shown on the Little Rock Parks and Recreation Master Plan of 2001 as a 20 — 50 acre Community Park, designed to serve the city and includes the Rebsamen Tennis Center. HISTORIC DISTRICTS: There is not any historic districts near -by that would be affected by this amendment. CITY RECOGNIZED NEIGHBORHOOD ACTION PLAN: The property under review is not located in an area covered by a City of Little Rock recognized neighborhood action plan. ANALYSIS: The applicant's property is located at the boundary between the less intense residential uses to the east and south, and the more intense apartment and recreational uses to the west and north. With McKinley and W. 16th Streets closed, the applicant's property will only be accessed from Cleveland Street. The property in question, and the church, is located at the corner of two Collector Streets. All of the houses on Boyle Park Road are oriented toward Boyle Park Road, while the houses located on Cleveland Street are oriented towards Cleveland Street. Most of the non-residential uses in the neighborhood are located on the edge of the neighborhood along University Avenue and W. 12th Street. The intersection 2 May 23, 2002 ITEM NO.: 3 (Cont.) FILE NO.: LU02-10-03 between Cleveland and Boyle Park forms a focal point in the neighborhood where the church is located. The Suburban Office category is designed to buffer residential uses from more intense non-residential uses. In this case Suburban Office would be located at the center of a residential area. The Public Institutional uses shown for the application area, and the neighboring church, are residential in character and enhance the residential character of the neighborhood. The Park/Open Space and Public Institutional uses to the north recognize a large tennis center and park intended to serve the city as whole instead of providing park facilities for the neighborhood it is located in. The small-scale Public Institutional use shown for the applicant's property provides a margin of separation from the large-scale Park/Open Space and Public Institutional uses toward the north and the less intense Single Family uses. Suburban Office at this location would provide land for services oriented toward a market area larger than the neighborhood. Residential uses in the neighborhood are expanding towards the applicant's property. Although the property to the west is zoned 0-3, a Conditional Use Permit for apartments was recently approved, which will result in the expansion of an existing multi -family housing development. The Conditional Use Permit will also expand the number of residential units available in the neighborhood. A change to Suburban Office at the applicant's property would introduce an isolated use incompatible with the neighboring uses and would not provide a buffer between incompatible land uses. NEIGHBORHOOD COMMENTS: Notices were sent to the following neighborhood associations: Broadmoor Neighborhood Association, Brownwood Terrace Neighborhood Association, College Terrace Neighborhood Association, Leander Neighborhood Association, Point O'Woods Neighborhood Association, University Park Neighborhood Association, and Westwood Neighborhood Association. Staff has received not comments from area residents or Neighborhood Associations. STAFF RECOMMENDATIONS: Staff believes the change is not appropriate. This amendment would introduce a use that is not compatible with the surrounding uses. K May 23, 2002 ITEM NO.: FILE NO.: LU02-10-03 PLANNING COMMISSION ACTION: (MAY 23, 2002) Brian Minyard, City Staff, made a brief presentation to the commission. Dana Carney, City Staff, made a presentation of item 3.1 so the discussion could coincide with the discussion for item 3. See item 3.1 for a complete discussion concerning the Short Form Planned Office Development. Dr. Steven Christian spoke in support of the application and expressed a desire for the Knights of Columbus to buy the property so that his congregation will be able to purchase the church building currently owned by the University Park Church of the Nazarene located next to the application area. Mr. Campbell, representing University Park Church of the Nazarene, spoke in support of the application and stated that the purchase of the property by the Knights of Columbus would allow his church to sell their building to Dr. Christian's congregation. Mr. Campbell also stated that Boyle Park Road and Cleveland Streets are heavily traveled thoroughfares. Mr. Darrel Odem, the applicant, spoke on behalf of his application and stated that the Knights of Columbus offer to purchase the property was contingent on the rezoning of the property and that the organization needed to lease office space to help pay for the purchase of the property and construction of the building. Mr. Odem stated that offices are an inherent use in an area shown as Public Institutional on the Future Land Use plan. Commissioner Bob Lowry, Planning Commission Chair, asked if the offices would operate from 8 AM to 5 PM. Mr. Odem stated that the POD application specified an operating time of 8 AM to 5 PM. Commissioner Craig Berry asked if any cards were received in opposition to the item. Dana Carney, City Staff, stated that no cards were submitted in opposition to items 3 and 3.1. Mr. Mike Berg, Knights of Columbus member, stated that he worked with Mark Webre of the Parks and Recreation Department and intends to work with the Department on any future design changes on the applicant's property to make sure any such changes would be compatible with neighboring park property. Commissioner Fred Allen made a statement that Dr. Christian performs valuable work for the community. Commissioner Norm Floyd asked where the written documentation of the hours of operation for the proposed offices could be fou6d. Mr. Odem stated that the 8 AM to 5 PM hours operation was mentioned in a letter submitted to the May 23, 2002 ITEM NO.: 3 Cont. FILE NO.: LU02-90-03 Planning and Development Department, Dana Carney, City Staff, stated that the hours of operation were stated in a revised cover letter submitted to the city. Commissioner Judith Faust asked if a Land Use Plan Amendment was required to allow the Knights of Columbus to lease office space in the proposed building. Jim Lawson, Planning Director, stated that a Land Use Plan Amendment was not required to allow the leasing of office space. Brian Minyard, City Staff, stated that it was the proposal to lease the office space that initiated the application for a Land Use Plan Amendment. A motion was made to approve the item as presented. The item was denied with a vote of 2 ayes, 7 noes, and 2 absent. 5 May 23, 2002 NO.: 3.1 FILE NO.: Z-7220 NAME: Knights of Columbus Short -Form Planned Office Development LOCATION: 1600 South Cleveland Street DEVELOPER: ENGINEER: Knights of Columbus Donald W. Brooks, Inc. Odom & Associates, Architects 20820 Arch Street Pike Little Rock, AR 72205 Hensley, AR 72065 AREA:.71+Acres NUMBER OF LOTS: 1 FT. NEW STREET: 0 ZONING: ALLOWED USES: Single Family Existing: R-2 Proposed: POD PROPOSED USE: Knights of Columbus Lodge Hall and General/Professional Offices VARIANCESNVAIVERS REQUESTED: None. BACKGROUND: University Park Church of the Nazarene occupies the R-2 zoned property located at the northwest corner of Cleveland Street and Boyle Park Road. The church is relocating and is selling this site. A new church is purchasing the Nazarene Church building and the lots and parking immediately around it. The Knights of Columbus are purchasing four undeveloped lots located north of the church building, adjacent to University Park. This issue was originally filed as an 0-1 rezoning request and a C.U.P. for the Lodge Hall. The rezoning was converted to a POD and the C.U.P. was withdrawn. A. PROPOSAUREQUEST: The Knights of Columbus propose to rezone these 4 lots to Planned Office Development to allow construction of a single, 6,000 square foot building. The May 23, 2002 ITEM NO.: 3.1 Cont. FILE NO.: Z-7220 principal use of the building will be the fraternal hall. The Knights Lodge will occupy 65% of the building, 25% is proposed to be leased to general or professional offices. The remaining 10% consists of common area such as restrooms, lobby and hallways. The building will be one-story in height; 20t feet at the peak of the roof. A new, 14 space parking lot will be constructed in front of the building. The Knights Lodge and the new occupants of the church to the south have a shared parking agreement. B. EXISTING CONDITIONS: These 4 lots are undeveloped; grass -covered with several mature trees. The lots serve as a yard extension of the church and may, at some times, be used for overflow parking. The property is level. An undeveloped alley right-of-way extends from north to south through the site. The substandard remnant of the McKinley Street right-of-way is located adjacent to the west. C. NEIGHBORHOOD COMMENTS: As of this writing, no comments have been received from either neighborhood residents or associations. All owners of property located within 200 feet of the site, all residents within 300 feet who could be identified and the Broadmoor and Point O' Woods Neighborhood Associations were notified of the issue. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: 1. Verify West 16th Street and the alley dissecting property are closed prior to construction. 2. 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. 3. Appropriate handicap ramps will be required per current ADA standards. Note: Improvements are indicated on the site plan. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Need additional information as to location of project. Attached is sketch of Sewer Main in area. Cannot comment on abandonment until location is determined. Entergy: No Comments received. Reliant: Arkla has a 2 -inch cast iron main 'on east side of McKinley. If main needs to abandoned, it will be at the cost of customer. 2 May 23, 2002 ITEM NO.: 3.1 Cont. FILE NO.: Z-7220 F. Southwestern Bell: Southwestern Bell requests that the McKinley Street right-of- way west of this site be retained for future use. Southwestern Bell also has buried plant in the west right-of-way of Cleveland Street. Water: There is an existing 2 -inch water main running west off S. Cleveland Street in West 16th Street. There doesn't appear to be any service off this main and it could probably be abandoned. Fire Department: Approved as submitted. Countv Planning: No Comments. CATA: No Comments received. ISSUES/TECHNICAL/DESIGN: Planning Division: The site is located in the Boyle Park Planning District. An associated Land Use Plan Amendment has been filed asking that this site be changed from Public/Institutional to Suburban Office. See Item No. 3, File No. LU02-10-03. Landsca a Issues: The on-site street buffer is required to average a width of at least 13 feet and at no point be less than 6.7 feet in width. The land use buffer width requirement is 6.7 feet. The Landscape Ordinance requires a minimum 6.7 -foot wide landscape strip around the perimeter of the vehicular use area. The plan submitted drops below these requirements along the street and north of the proposed parking lot. The stated requirements take into consideration the "mature area" designation flexibility. A 6 -foot high opaque screen is required along the northern perimeter of the site. This screen may be a fence with its face side directed outward or dense evergreen plantings. (Note: The Parks Department has indicated their desire not to have screening on the common boundary.) G. SUBDIVISION COMMITTEE COMMENTS: (May 2, 2002) The applicant was present. Staff presented the item and noted additional information was needed on building height, setbacks, signage, site lighting, fencing and dumpster location. Staff asked for greater detail regarding the proposed use/uses of the building; including days and hours of operation. Staff requested written evidence of a long-term agreement with the adjacent church 3 May 23, 2002 ITEM NO.: 3.1 (Cont. FILE NO.: Z-7220 for shared parking. Staff noted changes that needed to be made in the front parking lot to accommodate required perimeter landscaping and vehicle maneuvering area. Public Works Comments were discussed, including the requirement to assure or pursue abandonment of the McKinley Street, West '16th Street and alley rights-of-way. Landscape requirements were discussed, including the requirement to place screening along the north perimeter. The applicant stated the Lodge had been meeting with the Parks Department regarding an "adapt -a -park" type program and neither the Lodge nor the Parks Department wanted screening along that perimeter. The applicant was advised to provide a statement to that effect from the Parks Department. The Committee was advised that the three issues (Land Use Plan Amendment, Rezoning and Conditional Use Permit) may be compiled into a single planned Development application for the Lodge with limited other general or professional office uses occupying a small portion of the building. The applicant was advised to respond to staff issues no later than Wednesday, May 8, 2002. The Committee determined there were no other issues and forwarded the item to the full Commission. H. ANALYSIS: On May 8, 2002, the applicant submitted a revised site plan and cover letter addressing the issues raised at Subdivision Committee. Signage is proposed to conform to office standards. Lighting will be low-level and directed inward to the site. The dumpster location is now shown. The landscaping has been adjusted to show the required 6.7 foot landscape strip on both the street and north perimeters. A letter has been submitted by Bountiful Blessings Fellowship, the purchaser of the Nazarene Church building, indicating that a crossover parking agreement with the Knights of Columbus will be included in the warranty deed at closing. All site plan related issues have been addressed. The sole remaining issue is that of use. Staff is supportive of the proposal to develop the site for a fraternal organization/lodge hall. Such a use is institutional in nature and would be compatible with uses in the area north of Boyle Park Road, west of Cleveland Street. Uses in that area include a church, a city park, a boys club, a girls club and institutional housing. Staff does have concerns about the applicant's proposal to lease space, up to 25% of the building, to general or professional offices. Staff does not believe the proposed office uses are compatible with uses in the area. Single Family homes are located east and south of the site. The larger tract of 0-3 zoned property adjacent to the west will likely not develop as office. A conditional use permit was recently approved to allow for development of an extension of Westpark Meadows Apartments on that site. Allowing the office uses would increase the intensity of activity on the site beyond the more acceptable level of a fraternal organization or lodge hall. 4 May 23, 2002 ITEM NO.: 3.1 Cont. FILE NO.: Z-7220 STAFF RECOMMENDATIONS: Staff recommends denial of the application, as filed. PLANNING COMMISSION ACTION: (MAY 23, 2002) The applicants were present. There were no objectors present. This item was discussed in conjunction with the associated Land Use Plan Amendment; LU02-10-03. Staff presented the item and a recommendation of denial. Commissioner Berry asked staff to explain their recommendation of denial. Staff stated there were concerns about the proposal to lease up to 25% of the building for unrelated general and professional office uses. Staff noted the changing nature of the office zoned property to the west and the presence of a narrow strip of single family homes to the east. Staff stated there were concerns about surrounding those homes with office uses. When asked by Commissioner Berry what uses would be appropriate for the site, staff responded that institutional uses similar to those to the northwest appeared most appropriate. Dr. Stephen Christian, pastor of Bountiful Blessing Church, the proposed buyer of the Nazarene Church, addressed the Commission in support of the application. Rev. Ken Campbell, pastor of the Nazarene Church, spoke in support. Darrel Odom, architect and member of the Knights of Columbus, spoke in support of the item. He stated the Lodge needed the lease space to make the purchase financially feasible. Mr. Odom stated the Lodge might eventually expand into the office/lease space. He stated it was his opinion that allowing the office use was appropriate since a church or another institutional type use could have 1,500 square feet of office space within it. Mr. Odom stated the office uses would be limited to Monday -Friday, 8:00 a.m. to 5:00 p.m. Chairman Lowry noted there was no opposition. Mike Berg, a member of the Lodge, made note of a letter from Little Rock Parks asking that there not be a fence erected along the common property line between the Lodge site and University Park. Commissioners Allen and Floyd voiced support for the item. 9 May 23, 2002 ITEM NO.: 3.1 (Cont.) FILE NO.: Z-7220 A motion was made to approve the application, as amended to include the hours proposed and subject to compliance with the conditions and comments outlined in Sections D, E and F of this report. The motion was approved by a vote of 8 ayes, 1 noe and 2 absent. 0 May 23, 2002 ITEM NO.: 3.2 FILE NO.: Z -7220-A NAME: Knights of Columbus — Conditional Use Permit LOCATION: 1600 South Cleveland Street OWNER/APPLICANT: University Park Church of the Nazarene/ Darrel Odom and Associates PROPOSAL: A conditional use permit is requested to allow for development and use of this .71t acre tract as a lodge or fraternal organization. The property is currently zoned R-2. An 0-1 Quiet Office rezoning request has been filed. (Z-7220) STAFF REPORT: This C.U.P. application is associated with Item No. 3, LU02-10-03, a land use plan amendment and Item No. 3.1, Z-7220, Knights of Columbus Short -Form POD. Item No. 3.1 was originally filed as an 0-1 request. That item has been amended to a Planned Office Development for a Knights of Columbus lodge hall with a percentage of the building to be rented to general and professional office uses. Consequently, the conditional use permit application is no longer needed. STAFF RECOMMENDATIO Staff recommends that this item be withdrawn. PLANNING COMMISSION ACTION: (MAY 23, 2002) The applicant was present. There were no objectors present. Staff recommended that the item be withdrawn. The item was placed on the Consent Agenda and approved for withdrawal by a vote of 9 ayes, 0 noes and 2 absent. May 23, 2002 ITEM NO.: 3.2 FILE NO.: Z -7220-A NAME: Knights of Columbus — Conditional Use Permit LOCATION: 1600 South Cleveland Street OWNER/APPLICANT: University Park Church of the Nazarene/ Darrel Odom and Associates PROPOSAL: A conditional use permit is requested to allow for development and use of this .71 t acre tract as a lodge or fraternal organization. The property is currently zoned R-2. An 0-1 Quiet Office rezoning request has been filed. (Z-7220) STAFF REPORT: This C.U.P. application is associated with Item No. 3, LU02-10-03, a land use plan amendment and Item No. 3.1, Z-7220, Knights of Columbus Short -Form POD. Item No. 3.1 was originally filed as an 0-1 request. That item has been amended to a Planned Office Development for a Knights of Columbus lodge hall with a percentage of the building to be rented to general and professional office uses. Consequently, the conditional use permit application is no longer needed. STAFF RECOMMENDATION: Staff recommends that this item be withdrawn. PLANNING COMMISSION ACTION: (MAY 23, 2002) The applicant was present. There were no objectors present. Staff recommended that the item be withdrawn. The item was placed on the Consent Agenda and approved for withdrawal by a vote of 9 ayes, 0 noes and 2 absent. ILE NO.: Z-7220 NAME: Knights of Columbus Short -Form Planned Office Development LOCATION: 1600 South Cleveland Street DEVELOPER: ENGINEER: Knights of Columbus Donald W. Brooks, Inc. Odom & Associates, Architects 20820 Arch Street Pike Little Rock, AR 72205 Hensley, AR 72065 AREA:.71+ Acres NUMBER OF LOTS: 1 FT. NEW STREET: 0 ZONING: ALLOWED USES: Single Family Existing: R-2 Proposed: POD PROPOSED USE: Knights of Columbus Lodge Hall and General/Professional Offices VARIAN CESMAIVERS REQUESTED: None. BACKGROUND: University Park Church of the Nazarene occupies the R-2 zoned property located at the northwest corner of Cleveland Street and Boyle Park Road. The church is relocating and is selling this site. A new church is purchasing the Nazarene Church building and the lots and parking immediately around it. The Knights of Columbus are purchasing four undeveloped lots located north of the church building, adjacent to University Park. This issue was originally filed as an 0-1 rezoning request and a C.U.P. for the Lodge Hall. The rezoning was converted to a POD and the C.U.P. was withdrawn. A. PROPOSAL/REQUEST: The Knights of Columbus propose to rezone these 4 lots to Planned Office Development to allow construction of a single, 6,000 square foot building. The principal use of the building will be the fraternal hall. The Knights Lodge will FILE NO.: Z-7220 Cont. occupy 65% of the building, 25% is proposed to be leased to general or professional offices. The remaining 10% consists of common area such as restrooms, lobby and hallways. The building will be one-story in height; 20t feet at the peak of the roof. A new, 14 space parking lot will be constructed in front of the building. The Knights Lodge and the new occupants of the church to the south have a shared parking agreement. B. EXISTING CONDITIONS: These 4 lots are undeveloped; grass -covered with several mature trees. The lots serve as a yard extension of the church and may, at some times, be used for overflow parking. The property is level. An undeveloped alley right-of-way extends from north to south through the site. The substandard remnant of the McKinley Street right-of-way is located adjacent to the west. C. NEIGHBORHOOD COMMENTS: As of this writing, no comments have been received from either neighborhood residents or associations. All owners of property located within 200 feet of the site, all residents within 300 feet who could be identified and the Broadmoor and Point O' Woods Neighborhood Associations were notified of the issue. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS, 1. Verify West 16th Street and the alley dissecting property are closed prior to construction. 2. 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. 3. Appropriate handicap ramps will be required per current ADA standards. Note: Improvements are indicated on the site plan. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Need additional information as to location of project. Attached is sketch of Sewer Main in area. Cannot comment on abandonment until location is determined. Entergy: No Comments received. Reliant: Arkla has a 2 -inch cast iron main on east side of McKinley. If main needs to abandoned, it will be at the cost of customer. 2 FILE NO.: Z-7220 (Cont. Southwestern Bell: Southwestern Bell requests that the McKinley Street right-of- way west of this site be retained for future use. Southwestern Bell also has buried plant in the west right-of-way of Cleveland Street. Water: There is an existing 2 -inch water main running west off S. Cleveland Street in West 16th Street. There doesn't appear to be any service off this main and it could probably be abandoned. Fire Department: Approved as submitted. County Planning: No Comments. CATA: No Comments received. F. ISSUES/TECHNICAL/DESIGN: Planning Division: The site is located in the Boyle Park Planning District. An associated Land Use Plan Amendment has been filed asking that this site be changed from Public/Institutional to Suburban Office. See Item No. 3, File No. LU02-10-03. Landscane Issues: The on-site street buffer is required to average a width of at least 13 feet and at no point be less than 6.7 feet in width. The land use buffer width requirement is 6.7 feet. The Landscape Ordinance requires a minimum 6.7 -foot wide landscape strip around the perimeter of the vehicular use area. The plan submitted drops below these requirements along the street and north of the proposed parking lot. The stated requirements take into consideration the "mature area" designation flexibility. A 6 -foot high opaque screen is required along the northern perimeter of the site. This screen may be a fence with its face side directed outward or dense evergreen plantings. (Note: The Parks Department has indicated their desire not to have screening on the common boundary.) G. SUBDIVISION COMMITTEE COMMENTS: (May 2, 2002) The applicant was present. Staff presented the item and noted additional information was needed on building height, setbacks, signage, site lighting, fencing and dumpster location. Staff asked for greater detail regarding the proposed use/uses of the building; including days and hours of operation. Staff 3 FILE NO.: Z-7220 (Cont. requested written evidence of a long-term agreement with the adjacent church for shared parking. Staff noted changes that needed to be made in the front parking lot to accommodate required perimeter landscaping and vehicle maneuvering area. Public Works Comments were discussed, including the requirement to assure or pursue abandonment of the McKinley Street, West 16th Street and alley rights-of-way. Landscape requirements were discussed, including the requirement to place screening along the north perimeter. The applicant stated the Lodge had been meeting with the Parks Department regarding an "adopt -a - park" type program and neither the Lodge nor the Parks Department wanted screening along that perimeter. The applicant was advised to provide a statement to that effect from the Parks Department. The Committee was advised that the three issues (Land Use Plan Amendment, Rezoning and Conditional Use Permit) may be compiled into a single planned Development application for the Lodge with limited other general or professional office uses occupying a small portion of the building. The applicant was advised to respond to staff issues no later than Wednesday, May 8, 2002. The Committee determined there were no other issues and forwarded the item to the full Commission. H. ANALYSIS: On May 8, 2002, the applicant submitted a revised site plan and cover letter addressing the issues raised at Subdivision Committee. Signage is proposed to conform to office standards. Lighting will be low-level and directed inward to the site. The dumpster location is now shown. The landscaping has been adjusted to show the required 6.7 foot landscape strip on both the street and north perimeters. A letter has been submitted by Bountiful Blessings Fellowship, the purchaser of the Nazarene Church building, indicating that a crossover parking agreement with the Knights of Columbus will be included in the warranty deed at closing. All site plan related issues have been addressed. The sole remaining issue is that of use. Staff is supportive of the proposal to develop the site for a fraternal organization/lodge hall. Such a use is institutional in nature and would be compatible with uses in the area north of Boyle Park Road, west of Cleveland Street. Uses in that area include a church, a city park, a boys club, a girls club and institutional housing. Staff does have concerns about the applicant's proposal to lease space, up to 25% of the building, to general or professional offices. Staff does not believe the proposed office uses are compatible with uses in the area. Single Family homes are located east and south of the site. The larger tract of 0-3 zoned property adjacent to the west will likely not develop as office. A conditional use permit was recently approved to allow for development of an extension of Westpark Meadows Apartments on that site. Allowing the office uses would increase the intensity of activity on the site beyond the more acceptable level of a fraternal organization or lodge hall. 4 FILE NO.: Z-8023 NAME: Changing Channels Ministries Day Care — Conditional Use Permit LOCATION: 1624 South Cleveland OWNER/APPLICANT: Changing Channels Ministries/ Anderson Lewis, Jr., Pastor PROPOSAL: A conditional use permit is requested to allow this existing church to operate a day care center. The property is zoned R-2 and POD. SITE LOCATION: The property is located at the corner of S. Cleveland Street and Boyle Park Road, two blocks west of University Avenue. 2. COMPATIBILITY WITH NEIGHBORHOOD: A church has been at this location for several years. The property to the north is occupied by a city park, a YMCA, a Boys' Club and other institutional uses. The newest phase of an existing apartment complex is being built on the 0-3 zoned property to the west. Single family homes are located across S. Cleveland and Boyle Park Roads to the east and south. Allowing a day care center in this existing church is compatible with uses in the area. All owners of properties located within 200 feet of the site, all residents within 300 feet of the site who could be identified and the Point O'Woods and Broadmoor Neighborhood Association were notified of this request. 3. ON SITE DRIVES AND PARKING: The site currently contains two paved parking lots taking access off of Boyle Park Road and a gravel parking lot with access off of Cleveland Street. No changes are proposed at this time. The church hopes to eventually pave and landscape the gravel parking area. The proposed day care for 60 children with a total of 7 employees requires 13 parking spaces. There is more than sufficient parking on the site to accommodate the use. 4. SCREENING AND BUFFERS: All new vehicular use areas, including future paving of the gravel parking lot, must be designed to comply with the City's Landscape and Buffer Ordinances. FILE NO.: Z-8023 Cont. 5. PUBLIC WORKS COMMENTS: No comments on use issue. Future paving must comply with stormwater detention regulations. 6. UTILITY FIRE DEPT. AND CATA COMMENTS: Wastewater: Sewer available, not adversely affected. Entergy: No Comments received. CenterPoint Energy: No Comments received. Southwestern Bell: No Comments received. Water: Contact Central Arkansas Water if additional water service is required. Fire Department: Fire sprinkler may be required. Contact Fire Marshall at 918-3752 (Dennis Free). County Planning: No Comments. CATA: The site is not located on a CATA bus route. A bus route is located east of the site, along University Avenue. SUBDIVISION COMMITTEE COMMENT: (MARCH 23, 2006) The applicants were present. Staff presented the item and noted some additional information has needed. Staff asked the applicants to provide a complete survey/site plan showing the church's entire ownership. Staff asked for fencing, signage and site lighting plans. The applicants were asked to show the proposed location of any playground. In response to a question from staff, the applicants stated the gravel parking lot north of the church was existing and had not been expanded. Staff noted there were two outstanding issues that needed to be addressed. Staff stated there was a 10 -foot alley right-of-way within the church property that needed to be abandoned. Staff also stated four lots of the church's ownership had previously been zoned POD for a lodge hall and office use which had never been developed. Staff stated that POD needed to be revoked_ Staff suggested that the C.U.P. application could go forward with resolution of those two issues being conditions of approval. K LE NO.: Z-8023 (Cont_ Utility and Fire Department comments were noted. The applicants were instructed to respond to staff issues no later than March 29, 2006. The Committee forwarded the item to the full Commission. STAFF ANALYSIS: Changing Channels Ministries Church is located at 1624 South Cleveland Street. The church purchased the site from its former owners, a Nazarene Church, in May 2005. The site contains a one-story, brick church building and a combination of paved and gravel parking lots. Changing Channels is requesting approval of a conditional use permit to allow a day care to be operated in the church. The proposed age group is from infants to 5 years old. The maximum enrollment is proposed as 60 children. Hours of operation are proposed as 7:00 a.m. — 5:30 p.m., Monday — Friday. The day care will have 5 teachers, a director and program coordinator. A playground will be constructed directly adjacent to the rear (west side) of the church building. The play area will be enclosed by a 5 -foot tali chain-link fence. Signage for the day care will consist of a wall sign at the entrance and perhaps an addition to the existing ground -mounted church sign. No changes are proposed to the existing parking lots or driveways at this time. At some point, the gravel parking lot north of the church may be paved. No new site lighting is proposed. Staff is supportive of the request. Allowing a day care center to be operated by this existing church is a reasonable use and should have no impact on nearby properties. There are two outstanding issues which must be resolved. There is a platted but undeveloped, 10 -foot alley right-of-way which extends through the church property which needs to be abandoned. The church owns the entire block. The alley dead -ends on the north at the abandoned 16« Street right-of-way that is located between the church site and the city park. The four northern -most lots of the church property were rezoned to POD in 2002 for the proposed development of a Knights of Columbus hall and general offices. That sale and development never occurred. The POD needs to be revoked and the previous R-2 zoning restored. Staff believes it is appropriate to proceed with approval of the C.U.P., subject to those two issues being resolved. On March 29, 2006, the applicants submitted responses to the issues raised at Subdivision Committee and reflected in the analysis above. The bill of assurance is very old and illegible. It likely does not address use issues. 3 FILE NO.: Z-8023 Cont. STAFF RECOMMENDATION: Staff recommends approval of the conditional use permit to allow the proposed day care center subject to compliance with the following conditions: 1. Compliance with the comments and conditions outlined in Sections 4, 5 and 6 of the agenda staff report. 2. The alley right-of-way is to be abandoned. 3. The POD known as Knights of Columbus Short -Form POD (Z-7220) is to be revoked. PLANNING COMMISSION ACTION: (APRIL 13, 2006) The applicants were present. There were no objectors present. Staff presented the item and a recommendation of approval subject to compliance with the conditions outlined in the "Staff Recommendation" above. There was no further discussion. The item was placed on the Consent Agenda and approved as recommended by staff. The vote was 8 ayes, 0 noes and 3 absent. 0