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HomeMy WebLinkAboutZ-7394 Staff AnalysisFILE NO.: Z-7394 NAME: Holy Ghost Temple — Conditional Use Permit LOCATION: 2117 and 2119 Battery Street OWNER/APPLICANT: Minister Addison D. Baker PROPOSAL: A conditional use permit is requested to allow for the construction of a new church on these vacant, R-4 zoned lots. ORDINANCE DESIGN STANDARDS: SITE LOCATION: The site is located on the east side of Battery Street, between West 21St and West 22nd Streets. 2. COMPATIBILITY WITH NEIGHBORHOOD: Although this clearly is predominantly a single family neighborhood, there are other uses in the immediate vicinity. Churches are located at 22nd and Wolfe and 23rd and Wolfe; one block to the east and southeast. The Mitchell School, a day care center and another church are located 2 Y2 blocks to the south, near Roosevelt Road. An older single family dwelling located across Battery Street has been converted to multifamily. There are numerous vacant -boarded residential structures in the immediate area; primarily west of Battery, south of 21St. This small church currently has approximately, 20 members and is proposing a sanctuary with a seating capacity of 50. No other uses such as day care or private school are proposed. This "neighborhood" church is of a scale that is compatible with uses in the area. All owners of property located within 200 feet of the site, all residents within 300 feet who could be identified and the Wright Avenue and Central High Neighborhood Associations were notified of this request. 3. ON SITE DRIVES AND PARKING: The church proposes to have a seating capacity of 50 persons in the sanctuary requiring 12 on-site parking spaces. Twelve parking spaces are proposed; 8 accessed via a one-way driveway off of Battery Street and four directly off of the alley. FILE NO.: Z-7394 4. SCREENING AND BUFFERS: The proposed structure encroaches within the land use buffer area. This minimum buffer width requirement is 6.7 feet. The landscape ordinance requires a three foot (3) wide minimum landscape strip between the parking lot(s) and the building, or in the general area. The buffer ordinance requires a nine (9) foot wide land use buffer between this site and the neighboring site to the south. The landscape ordinance requires a nine (9) foot wide landscape strip. However, this site is located in the designated mature area of the city, therefore, the minimum requirement is (6.7) feet. Curb and gutter or another approved border will be required to protect landscaped areas from vehicular traffic. The six (6) foot high fence to be directed face side out. 5. PUBLIC WORKS COMMENTS: The right-of-way width on Battery will be acceptable for this primarily residential area. 2. Alleys are not maintained by the City. The primary access to the new parking area should be from Battery Street, or the Church will need to pave and maintain the alley. One-way signage may be required for the alley. 3. Repair or replace any curb and gutter or sidewalk that is damaged in the public right-of-way prior to occupancy. 6. UTILITY. FIRE DEPT. AND CATA COMMENTS: Wastewater: Sewer available, not adversely affected. Entergy: No Comments received. Reliant: No Comments received. Southwestern Bell: No Comments received. Water: Contact Central Arkansas Water regarding meter size and location. 2 FILE NO.: Z-7394 (Cont. Fire Department: Approved as submitted. County Planning: No Comments received. CATA: Site is near bus routes #14 and 16 but has no effect on bus radius, turnout and route. SUBDIVISION COMMITTEE COMMENT: (APRIL 24, 2003) The applicant was present. Staff presented the item and noted additional information was needed regarding building design, signage, site lighting and trash collection. Staff noted that the parking lot needed to be redesigned to provide access from Battery Street and to allow for required landscape areas. The applicant stated he would meet with staff to address those issues. Staff encouraged the applicant to meet with neighborhood residents in light of the number of telephone calls expressing concern received by staff. The applicant was advised to respond to staff issues by April 30, 2003. The Committee then forwarded the item to the full Commission. STAFF ANALYSIS: The Holy Ghost Temple Church proposes to construct a new church building and associated parking on the two vacant, R-4 zoned lots located at 2117 and 2119 Battery Street. The church proposes to construct a one-story building with a brick and vinyl siding exterior. The roof will have a single gable with a roof pitch of 6-7:12 with architectural shingles. If a steeple is added at a later date, it will be a one-piece, prefabricated steeple with a projected height not to exceed 5 feet above the roof. A single, monument style, ground -mounted sign will be placed in front of the building. The sign will be constructed with a brick veneer at a height of 6 feet and width of 5 feet. No new site lighting is proposed at this time. No other uses such as day care, private school or Mother's Day Out program are proposed. The proposed new structure will seat approximately 50 persons. Standard church service hours are Sunday mornings from 11:00 a.m. — 1:30 p.m. and Wednesday evenings from 7:00 p.m. — 8:30 p.m. There will be other church activities throughout the week and occasional special services. Twelve parking spaces will be constructed on the site. Eight spaces will be located south of the building, accessed via a one-way driveway from Battery Street. Four spaces are located behind the building, off of the alley. On April 29, 2003, the applicant submitted a revised site plan and responses to issues raised at Subdivision Committee. The plan was modified to provide an entrance from Battery Street, angled parking, a 6.7 foot landscaped buffer on both the north and south perimeters, building landscaping and a 6 -foot tall wood privacy fence on the north and south perimeters. Staff believes the applicant has done a good job of addressing issues raised during the staff review. FILE NO.: Z-7394 (Cont, Staff believes this small, neighborhood scale church is a reasonable use for this site and, with compliance with city development criteria, should be compatible with the neighborhood. STAFF RECOMMENDATION: Staff recommends approval of the requested conditional use permit subject to compliance with the following conditions: Compliance with staff comments and conditions outlined in Sections 4, 5 and 6 of the staff report. 2. Any new site lighting must be low-level and directional, aimed inward to the site. 3. Compliance with the approved site plan. PLANNING COMMISSION ACTION: (MAY 15, 2003) The applicants were present. There were several objectors present. A letter of opposition had been received from the Wright Avenue Neighborhood Association. Staff presented the item and a recommendation of approval subject to compliance with the conditions outlined in the "Staff Recommendation" above. Rev. Addison Baker addressed the Commission in support of his application. He stated the church had been in existence for 34 years and was currently meeting in rented space at 1401 West 18th Street. Rev. Baker stated the congregation was currently running 15-20 members and would have a maximum of 45-50 at the proposed new location. He stated the church would relocate if and when it ever exceeded that number. Rev. Baker stated he had spoken to several neighborhood residents who had indicated support for the church. Ms. Artelia Westbrook, of 2209 Battery, spoke in opposition. She stated there were other churches in the area and another church was not needed. Ms. Westbrook voiced concerns about parking, traffic and the amount of development on a small site. James Floyd, of 1710 West 19th Street, voiced opposition. He stated the applicants had not met with the neighborhood association. Mr. Floyd stated the Wright Avenue Neighborhood Avenue had met and voted to oppose the application. Mr. Floyd voiced concerns about the narrow street, parking, the impact on the residential neighborhood, the possibility that the building would not be designed to be compatible with adjacent structures and the historic nature of the neighborhood. 4 FILE NO.: Z-7394 (Cont Assistance Pastor Rose Scott made reference to the number of boarded structures and vacant lots in the neighborhood and stated she felt the church would be a good addition to the area. She stated members would not park on the street. Annie Abrams, of the Central Little Rock CDC, spoke in opposition. She stated the residents of the neighborhood were committed to the revitalization of the area. Ms. Abrams encouraged the Commission to continue support for the neighborhood by denying the application. She stated there was an "oversaturation" of churches in the neighborhood. Rev. Baker stated he and Assistant Pastor Scott were residents of the neighborhood. He stated they both had walked the streets visiting with residents. Rev. Baker stated the building would be designed to fit the neighborhood. He stated the church could help to revitalize the area. In response to questions from Commissioner Meyer, Rev. Baker stated he did not have drawings to show the design of the building. He stated it would have a brick and vinyl exterior designed to fit the neighborhood. Commissioner Muse asked what would happen to the building if the church were to outgrow it and relocate. Staff responded that another church could occupy the building and operate under the provisions of the C.U.P. In response to a question from Commissioner Muse, Rev. Scott stated the required screening could be accomplished through plantings of shrubs rather than the proposed 6 -foot wood fence. In response to a question from Commissioner Lowry, Rev. Baker stated the church currently had approximately 15 members attending services. Commissioner Allen asked how the church had contacted the neighborhood. Rev. Baker stated the required notices had been sent and an effort was made, through the Alert Center, to set up a meeting with the neighborhood association. He stated a meeting could not be arranged. Rev. Baker stated he went on foot through the neighborhood, visiting residents. Assistant Pastor Scott stated she had contacted several residents by telephone. She acknowledged that there were several residents who were opposed to the church. Commissioner Faust commented, in reference to the letter from the Wright Avenue Neighborhood Association, that the church was proposing to build on vacant lots, not tear down any structures. James Floyd reiterated that no contact was made with the neighborhood association. 5 FILE NO.. Z-7394 (Cont. In response to a question from Chairman Nunnley, Dana Carney of the Planning Staff described how staff had arrived at a recommendation of approval. Chairman Nunnley commented that this was a fragile area and he did not believe the church was a proper use for the site. He stated it would be difficult for the church to function on such a small site. A motion was made and seconded to approve the application subject to compliance with staff recommendations and conditions. Commissioner Lowry noted that a neighbor had stated the church was going to buy and tear down a house. Rev. Baker responded that the church was not planning to remove any residences. Ms. Abrams spoke again of the plan to do infill residential development in the neighborhood. She stated the City must be more committed to developing additional residential stock. Ms. Abrams commented that churches do not add to the City's tax base. Commissioner Meyer suggested the church take a deferral to meet with the neighbors. There was no response. The Chairman called the question. The vote was the motion was 0 ayes, 11 noes and 0 absent. A