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HomeMy WebLinkAboutZ-7482-A Staff AnalysisMay 6, 2004 ITEM NO.: I FILE NO.: Z -7482-A NAME: Geyer Springs Church of Christ — Revised Conditional Use Permit LOCATION: 6004 West 53rd Street OWNER/APPLICANT: Geyer Springs Church of Christ PROPOSAL: A revision to a previously approved conditional use permit is requested to allow for use of a church education building as a dormitory for seminary students and families. The previous approval was for up to 10 single men. The current proposal is for up to 25 persons, including some single men and some families. The property is zoned R-2. SITE LOCATION: The property is located on the north side of West 53rd Street, one lot east of S. University Avenue. 2. COMPATIBILITY WITH NEIGHBORHOOD: The church itself has been a part of this neighborhood for many years. The buildings were once home to classes of the Central Arkansas Christian School. The intensely commercial University Avenue corridor is adjacent to the west. A C-3 zoned apartment complex is adjacent to the east. A mixture of R-2 zoned residential properties and C-3 zoned commercial properties are located around the site. Allowing the use of a portion of the existing building for a dormitory use should not affect the church's compatibility with the neighborhood. Staff does, however, have concerns about the specifics of this use. All owners of properties located within 200 feet of the site, all residents within 300 feet who could be identified and the Geyer Springs and SWLR United for Progress Neighborhood Associations were notified of this request. 3. ON SITE DRIVES AND PARKING: The site contains a large parking lot that is mostly unused except on worship service days. Additional parking is located on the south side of West 53rd Street, around the church office building. It is anticipated that some of the students will not drive. There is adequate parking on the site. May 6, 2004 ITEM NO.: I Cont. FILE NO.: Z -7482-A 4. SCREENING AND BUFFERS: No Comments. 5, PUBLIC WORKS COMMENTS: No Comments. 6. UTILITY FIRE DEPT. AND CATA COMMENTS: Wastewater: Sewer available, not adversely affected. Entergy: Approved as submitted. CenterPoint Energy: No Comments received. Southwestern Bell: Approved as submitted. Water: Due to the nature of this facility, installation of an approved reduced pressure zone backflow preventer assembly (RPZA) is required on the domestic water service. This assembly must be installed prior to the first point of use. Central Arkansas Water (CAW) requires that upon installation of the RPZA, successful tests of the assembly must be completed by a Certified Assembly Tester licensed by the State of Arkansas and approved by CAW. The test results must be sent to CAW's Cross Connection Section within ten days of installation and annually thereafter. Contact Carroll Kealts at 992-2431 if you would like to discuss backflow prevention requirements for this project. Fire Department: May be required to be sprinkled. Contact Fire Marshall. County Planning: No Comments. CATA: A CATA Bus Route is located just west of the site, along S. University Avenue. SUBDIVISION COMMITTEE COMMENT: (MARCH 4, 2004) Jerry Oates and Lee Motes were present representing the application. Dana Carney, of the Planning Staff, informed the Committee that he, Interim Planning Director Steve Beck and Plan Examination Administrator Mark Whitaker had toured the facility. Mr. Carney informed the Committee that there were 1 May 6, 2004 ITEM NO.: I (Cont. FILE NO.: Z -7482-A numerous building code violations that needed to be addressed in relation to this use. It was noted that a condition of the previous approval was "compliance with building code requirements for conversion of a portion of this building into a residential occupancy." Mr. Carney noted that the building was being occupied and these requirements had not been complied with. Staff presented a report from Mr. Whitaker based on his walk-through of the facility. His report included the following comments: In regard to habitable dwellings, any use intended as an apartment should be equipped with potable water within the unit. Retrieving drinking and cooking water from a common restroom is not appropriate. If apartments are developed, rated demising walls should exist between the units. This would require the separation to be extended up to the deck, taped and sealed. Some of the units were using multiple extension cords for hot plates, crock - pots and other similar appliances. Again an apartment setting would be required to have dedicated electrical circuits for major kitchen appliances such as a stove, refrigerator or deep freeze. This setting may lead to an electrical short and cause a fire in the building. Some additional circuitry wiring could be required to minimize this possibility. The existing restrooms and the closet were not designed to exhaust the shower moisture. Ventilation, properly sized is required to vent this humidity to the outside. This moisture will lead to environmental problems if not remedied. If apartments were developed, individual bathrooms would be required. Drinking fountains are needed on each floor. The exit doors must provide 34 inches in the clear for minimum egress. This does not include the strike or the jamb on the door. Therefore, most egress doors are 36 inches wide. The existing doors have been altered and the correct width may not be available. Exit lights are request to be operational on either end of the halls. Emergency lighting should be installed in the corridors. ■ Hard -wired smoke detectors with an auxiliary power source are required in each sleeping unit, properly installed, and interconnected with detectors in the hallway. The existing HVAC system should be upgraded with a smoke detector shutdown control on the return air plenum. • The sleeping areas must have an operational window to the outside which gives a clear opening of 20 inches in width, minimum and 24 in height and provide a clear area of 5.0 square feet for the ground floor and 5.7 for the 2"d floor. The two minimum dimensions will not equal 5.0 square feet. 3 May 6, 2004 ITEM NO.: I Cont.) FILE NO.: Z -7482-A Some applications should be made toward making the first floor area barrier free for those with physically disabilities. This would include the entrance into this area and the restrooms that exist on the first floor. Upgrades would be contingent on the amount of financial improvements evaluated at fair market value. The applicants stated they would review the list and get with someone about the required changes. It was noted that there were no Landscape or Public Works Comments. Utility Comments were noted. The Committee forwarded the item to the full Commission. STAFF ANALYSIS: Geyer Springs Church of Christ occupies the R-2 zoned property located at 6004 West 53�d Street. The site contains a sanctuary building, an education building and a detached multipurpose building. Parking is located around the church and across West 53�d Street. The church is part of a consortium of Churches of Christ that conduct the Alpha and Omega Bible Institute. The Bible Institute (seminary) trains men of Spanish heritage for ministry. The Institute's classes are conducted at Central Church of Christ (formerly 6th and Izard Church of Christ). On December 4, 2003, the Planning Commission approved a conditional use permit allowing an unused, two-story education building on the Geyer Springs Church of Christ campus to be converted into dormitory style housing for up to 10 single male students of the Institute. The classroom building was to be converted into rooms and common bathroom facilities were to be located on each floor. The students were to have access to the church kitchen and dining facilities which are located in the detached, multipurpose building. The Planning Commission's approval included the following conditions: 1. Occupancy of the site is to be limited to no more than 10 students of the Alpha and Omega Bible Institute. Occupancy is limited to the students only; no other persons, including family members are permitted to occupy the site. 2. Compliance with building codes requirements for conversion of the building into a residential occupancy. 3. There is to be no additional signage. The church is now requesting a revision to that previously approved conditional use permit. The school has grown and it has been discovered that some of the 4 May 6, 2004 ITEM NO.: I (Cont. FILE NO_- Z -7482-A students wish to bring their wives and children with them while they go through the Institute. The church is asking that occupancy of the building be increased to 25 persons, including students, wives and children. On March 2, 2004, staff conducted an inspection of the facility and found that the two-story building had been converted into 8 living units; 4 upstairs and 4 downstairs. It was noted that the units were occupied; some by single men and some by families. A single shower stall had been constructed in a utility room on the ground floor and individual shower stalls had been placed in the men's and ladies' rooms on the second floor. A representative of the Building Codes Division accompanied staff and noted several concerns related to the occupancy of the building. It appears that no permits had been obtained for what remodeling had occurred. It also appears that the church has not complied with the condition of the initial conditional use permit approval that building codes requirements be complied with. His comments after that "walk-through" inspection are as follow: In regard to habitable dwellings, any use intended as an apartment should be equipped with potable water within the unit. Retrieving drinking and cooking water from a common restroom is not appropriate. If apartments are developed, rated demising walls should exist between the units. This would require the separation to be extended up to the deck, taped and sealed. Some of the units were using multiple extension cords for hot plates, crock - pots and other similar appliances. Again an apartment setting would be required to have dedicated electrical circuits for major kitchen appliances such as a stove, refrigerator or deep freeze. This setting may lead to an electrical short and cause a fire in the building. Some additional circuitry wiring could be required to minimize this possibility. The existing restrooms and the closet were not designed to exhaust the shower moisture. Ventilation, properly sized is required to vent this humidity to the outside. This moisture will lead to environmental problems if not remedied. If apartments were developed, individual bathrooms would be required. Drinking fountains are needed on each floor. The exit doors must provide 34 inches in the clear for minimum egress. This does not include the strike or the jamb on the door. Therefore, most egress doors are 36 inches wide. The existing doors have been altered and the correct width may not be available. Exit lights are required to be operational on either end of the halls. Emergency lighting should be installed in the corridors. May 6, 2004 ITEM NO.: I (Cont.) FILE NO.: Z -7482-A • Hard -wired smoke detectors with an auxiliary power source are required in each sleeping unit, properly installed, and interconnected with detectors in the hallway. The existing HVAC system should be upgraded with a smoke detector shutdown control on the return air plenum. The sleeping areas must have an operational window to the outside which gives a clear opening of 20 inches in width, minimum and 24 in height and provide a clear area of 5.0 square feet for the ground floor and 5.7 for the 2"d floor. The two minimum dimensions will not equal 5.0 square feet. Some application should be made toward making the first floor area barrier free for those with physically disabilities. This would include the entrance into this area and the restrooms that exist on the first floor. Upgrades would be contingent on the amount of financial improvements evaluated at fair market value. Staff is still supportive of the concept of allowing this building to be used as dormitory housing for the Institute's students; even of expanding occupancy to 25 persons, including some family members. However, there are substantial concerns that the building has not been properly remodeled to accommodate the use as approved in December 2003. Consequently, staff cannot support any additional occupancy. There is no bill of assurance issue. STAFF RECOMMENDATION: Staff recommends denial of the revised conditional use permit application. PLANNING COMMISSION ACTION: (MARCH 25, 2004) The applicants were not present. There were no objectors present. Staff informed the Commission that the applicant had failed to properly complete the notification requirement and the item needed to be deferred. There was no further discussion. The item was placed on the Consent Agenda and approved for deferral to the May 6, 2004 Agenda. The vote was 10 ayes, 0 noes and 1 absent. 0 May 6, 2004 ITEM NO.: I (C FILE NO.: Z -7482-A PLANNING COMMISSION ACTION: (MAY 6, 2004) The applicant was present. There were no objectors present. Staff presented the item and informed the Commission that the applicant had obtained the required building permits to properly remodel the structure to accommodate the proposed residential use. Staff recommended approval of the conditional use permit subject to compliance with the comments and conditions outlined in Section 6 of the staff report and compliance with building code requirements. Betty Snyder, of the Geyer Springs Neighborhood Association, stated the applicant had agreed to a limit of 16 adults and to park vehicles only on the paved surface. Jerry Oates, representing the church, stated he agreed to those additional conditions. The item was placed on the Consent Agenda and approved as recommended by staff, including the additional conditions presented by Ms. Snyder and agreed to by Mr. Oates. The vote was 11 ayes, 0 noes and 0 absent. 7