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HomeMy WebLinkAboutZ-7935-B Staff AnalysisDecember 14, 2017 ITEM NO.: 1 FILE NO.: Z -7935-B NAME: Vedant Society of Arkansas — Revised Conditional Use Permit LOCATION: 10224 Nash Lane OWNER/APPLICANT: Vedant Society of Arkansas/Terry Burruss, Architect PROPOSAL: A revision to the previously approved conditional use permit is requested to allow for the addition of new parking and a new building to this existing religious facility. The 5.76 acre tract is zoned R-2. SITE LOCATION: The property is located on the west side of Nash Lane, one lot north of Mabelvale West Road. 2. COMPATIBILITY WITH NEIGHBORHOOD: The Vedant Society has occupied this site since late 2005. A 2006 revision to the CUP indicated a new parking lot and an area set aside for a future, new building. Two churches are located just south of this site, on either side of Nash Lane at Mabelvale West Road. Other uses in the area include a third church, a U.S. Post Office and a LRSD school campus. Areas of undeveloped commercial and industrial properties are located south of Mabelvale West Road. Single family homes are located to the north, east and west. The proposed new building is indicated on the south side of the property, near another church. Continued use of the property, including the proposed new building, should be compatible with the neighborhood. Notice of the public hearing was sent to all owners of properties located within 200 feet of the site and the SWLR United for Progress and Pinedale Neighborhood Associations. 3. ON SITE DRIVES AND PARKING: The site is currently served by a single driveway off of Nash Lane. A small area of paved parking is located adjacent to the existing building. The applicant is proposing to construct a gravel parking lot as Phase I. The existing driveway will be constructed and paved to satisfy staff to assure that gravel is not pulled onto the street. The gravel parking area will be contained by an appropriate device to define and contain the parking area. A two year deferral of the paving requirement is requested. In conjunction December 14, 2017 ITEM NO.: 1 (Cont.) FILE NO.: Z -7935-B with construction of the new building (Phase III) an additional small area of parking, a drop-off and a second driveway onto Nash Lane will be constructed. The new driveway will be located 250 feet south of the existing driveway and approximately 130 feet north of the south property line. 4. SCREENING AND BUFFERS: Site plan must comply with the City's minimal landscape and buffer ordinance requirements. Street buffers will be required at six (6) percent of the average depth of the lot. The minimum dimension shall be one-half ('/2) the full width requirement but in no case less than nine (9) feet. The maximum dimension required shall be fifty (50) feet. In addition to the required screening, buffers are to be landscaped at the rate of one (1) tree and three (3) shrubs for every thirty (30) linear feet. Screening requirements will need to be met for the vehicular use areas adjacent to street right-of-ways. Provide screening shrubs with an average linear spacing of not less at three (3) feet within the required landscape area. Provide trees with an average linear spacing of not less than thirty (30) feet. A land use buffer six (6) percent of the average width / depth of the lot will be required when an adjacent property has a dissimilar use of a more restrictive nature. The property to the west is zoned R2. The maximum dimension required shall be fifty (50) feet. The minimum dimension shall be one-half ('/2) the full width requirement but in no case less than nine (9) feet As a component of all land use buffer requirements, opaque screening, whether a fence or other device, a minimum of six (6) feet in height shall be required upon the property line side of the buffer. A minimum of seventy (70) percent of the land use buffer shall be undisturbed. Easements cannot count toward fulfilling this requirement. In addition to the required screening, buffers are to be landscaped at the rate of one (1) tree and three (3) shrubs for every thirty (30) linear feet. A perimeter planting strip is required along any side of a vehicular use area that abuts adjoining property, or the right-of-way of any street. This strip shall be at least nine (9) feet wide. One (1) tree and three (3) shrubs or vines shall be planted for every thirty (30) linear feet of perimeter planting strip. Building landscape areas shall be provided at the rate equivalent to planter strip three (3) feet wide along the vehicular use area. One (1) tree and four 2 December 14, 2017 ITEM NO.: 1 (Cont. FILE NO.: Z -7935-B (4) shrubs shall be planted in the building landscape areas for each forty (40) linear feet of vehicular use area abutting the building. Eight percent (8%) of the vehicular use area must be designated for green space; this green space needs to be evenly distributed throughout the parking area(s). The minimum size of an interior landscape area shall be one hundred fifty (150) square feet for developments with one hundred fifty (150) or fewer parking spaces. Interior islands must be a minimum of seven and one half (7 1/2) feet in width. Trees shall be included in the interior landscape areas at the rate of one (1) tree for every twelve (12) parking spaces. A landscape irrigation system shall be required for developments of one (1) acre or larger. The development of two (2) acres or more requires the landscape plan to be stamped with the seal of a Registered Landscape Architect. The City Beautiful Commission recommends preserving as many existing trees as feasible on this site. Credit toward fulfilling Landscape Ordinance requirements can be given when preserving trees of six (6) inch caliper or larger. 5. PUBLIC WORKS: 1. Nash Lane is classified on the Master Street Plan as a collector street. A dedication of right-of-way 30 feet from centerline will be required. 2. With site development, provide design of street conforming to the Master Street Plan. Construct one-half street improvement to Nash Lane including 5 -foot sidewalks with planned development. The new back of curb should be placed at the same width as the existing street improvements to the south with that street width maintained adjacent to the subject property. 3. Repair or replace any curb and gutter or sidewalk that is damaged in the public right-of-way prior to occupancy. 4. A grading permit in accordance with section 29-186 (c) & (d) will be required prior to any land clearing or grading activities at the site. Other than residential subdivisions, site grading and drainage plans must be submitted and approved prior to the start of construction. Is the project construction proposed to be phased? Is a variance being requested to advance grade future phases with construction of the first phase? 3 December 14, 2017 ITEM NO.: 1 (Cont.) FILE NO.: Z -7935-B 5. Storm water detention ordinance applies to this property. Show the proposed location for stormwater detention facilities on the plan. Maintenance of the detention pond and all private drainage improvements is the responsibility of the developer and/or property owner. 6. If disturbed area is 1 or more acres, obtain a NPDES storm water permit from the Arkansas Department of Environmental Quality prior to the start of construction. 7. In accordance with Section 31-176, floodway areas must be shown as floodway easements or be dedicated to the public. In addition, a 25 foot wide drainage and access easement is required adjacent to the floodway boundary. 8. A special Grading Permit for Flood Hazard Areas will be required per Sec. 8-283 prior to construction. 9. The minimum Finish Floor elevation of at least 1 ft. above the base flood elevation is required to be shown on plat and grading plans. 10. Street lights are required by Section 31-403 of the LR code. Provide plans for approval to Traffic Engineering. Street lights must be installed prior to platting/certificate of occupancy. Contact Traffic Engineer 379-1813 (Greg Simmons) for more info. 11. Hauling of fill material on or off site over municipal streets and roads requires approval prior to a grading permit being issued. Contact Public Works Traffic Engineering at 621 S. Broadway, (501) 379-1805 (Travis Herbner) for more information. 12. All driveways shall be concrete aprons per City Ordinance. 13. Damage to public and private property due to hauling operations or operation of construction related equipment from a nearby construction site shall be repaired by the responsible party prior to issuance of a certificate of occupancy. 6. UTILITY, FIRE DEPT. AND CATA COMMENTS: Little Rock Water Reclamation Authority: Sewer Available to this site, across Nash Lane. Separate service connection required for each building. Entergy: Entergy Distribution does not object to this proposal. There do not appear to be any conflicts with existing electrical lines based on the information provided. There is an existing overhead, three phase power line running along the east side of Nash Lane. Contact Entergy 12 December 14, 2017 ITEM NO.: 1 Cont.) FILE NO.: Z -7935-B Distribution in advance to discuss electrical service requirements, or adjustments to existing facilities (if any) as this project proceeds. Centerpoint Energy: No comments received. AT&T: No comments received. Central Arkansas Water: All Central Arkansas Water requirements in effect at the time of request for water service must be met. Please submit plans for water facilities and/or fire protection system to Central Arkansas Water for review. Plan revisions may be required after additional review. Contact Central Arkansas Water regarding procedures for installation of water facilities and/or fire service. Approval of plans by the Arkansas Department of Health Engineering Division and Little Rock Fire Department is required. If there are facilities that need to be adjusted and/or relocated, contact Central Arkansas Water. That work would be done at the expense of the developer. Contact Central Arkansas Water regarding the size and location of the water meter. The facilities on-site will be private. When meters are planned off private lines, private facilities shall be installed to Central Arkansas Water's material and construction specifications and installation will be inspected by an engineer, licensed to practice in the State of Arkansas. Execution of Customer Owned Line Agreement is required. Due to the nature of this facility, installation of an approved reduced pressure zone backflow preventer assembly (RPZ) 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 the Cross Connection Section at 377-1226 if you would like to discuss backflow prevention requirements for this project. Fire sprinkler systems which do not contain additives such as antifreeze shall be isolated with a double detector check valve assembly. If additives are used, a reduced pressure zone backflow preventer shall be required. 5 December 14, 2017 ITEM NO.: 1 (Cont.) FILE NO.: Z-793 Fire Department: Full plan review. Building Codes: Project is subject to full commercial plan review and approval prior to issuance of a building permit. For information on submittal requirements and the review process, contact a commercial plans examiner: Curtis Richey at 501.371.4724; crichey@littlerock.gov or Mark Alderfer at 501.371.4875; malderfer@littlerock.gov . 7. TRANSPORTATION/PLANNING: County Planning: No comments. Rock Region METRO: Location is .28 miles from Route 22 University Ave/Mabelvale. We have no objections to conditional use. Planninq Division: No comments. SUBDIVISION COMMITTEE COMMENT: (NOVEMBER 15, 2017) The applicants were present. Staff presented the item and commented that a great deal of additional information was needed regarding the design and uses proposed for the new building and property. Staff informed the committee that the applicants were requesting a two-year deferred of the paving requirement for the parking lot and were also requesting to be able to grade the building pad area in conjunction with the preparation of the parking lot. It was discussed that any paving deferral would be for no more than two years or until construction of the new building, whichever occurred first. Staff stated the driveway off of Nash Lane would have to be improved and paved for some length to accommodate the use and to keep gravel from being pulled onto the street. Public Works Comments were presented and discussed. Staff stated they could support a deferral of the required improvements to Nash Lane until phase II. The applicant stated there could actually be three (3) phases or a phase one and phases two A & B. Phase one would be the gravel parking. Phase 2-A could be paving of the parking lot and phase 2-B would be construction of the new building. He stated phases 2-A and B could occur separately or together, depending on timing. The applicant was advised to meet with his clients to discuss the timing of the commitment to complete street improvements prior to submitting a response to staff. M. December 14, 2017 ITEM NO.: 1 {Cont.] FILE NO.: Z -7935-B The comments from other reviewing agencies were noted. The applicant was advised to submit responses to staff issues by November 22, 2017. The Committee forwarded the item to the full Commission. STAFF ANALYSIS: The Vedant Society of Arkansas occupies the R-2 zoned, 5.76 acre tract located at 10224 Nash Lane. On October 13, 2005, the Commission approved on conditional use permit to allow the society to use the existing residential structure for a place of worship and Indian cultural activities. Occupancy was proposed for 40 persons. The existing driveway was to be widened and 10 parking spaces provided. On November 9, 2006, a revision to the CUP was approved to allow for an increase to 200 persons. Associated with this increase, the Society proposed constructing a 51 space parking lot on the southern portion of the property. A space for a future building was indicated near the middle of the site, between the proposed parking lot and the existing residential structure. A 24 -month deferral of the paving requirement for the new parking lot was approved. That development did not occur and neither the parking lot nor the new building were constructed. The Society is now proposing a revision to the CUP to allow for construction of a 100 space parking lot and a new building with a worship center capacity of 400 persons. The development is proposed in 3 phases. Phase I consists of constructing a gravel parking lot near the middle of the site. The parking lot will be sized for 100 vehicles. A 24 month deferral of the paving and landscaping requirement for the new parking lot is requested. Phase II is paving and landscaping the new parking lot. Phase III is construction of the new building. It is possible that Phases II and III could occur together. Phase III also contains a second driveway, a small area of additional parking and a drop-off. The unpaved parking lot will have a gravel base and will be maintained in a manner to ensure that dust, mud or silt are not created. The unpaved area will be graded in a manner that does not result in standing water. The existing entry driveway will be widened and paved to a length to satisfy staff and assure that the gravel is not dragged onto the street. The driveway apron will be constructed to meet City Code requirements. The gravel parking area will be contained in a manner to satisfy staff. The proposed new building will have a height not to exceed 32 feet. Any additional architectural elements such as Gopurams (similar to minarets) will be an additional 25 — 30 feet in height. Building materials will consist of masonry 7 December 14, 2017 ITEM NO.: 1 (Cont.) FILE NO.: Z -7935-B (brick/split-face block or stone), EIFS, and/or metal cladding. The west and north elevation may be metal siding. The seating capacity of the main worship area will not exceed 400 persons. The temple is generally open from 8:00 a.m. — noon and from 5:00 p.m. — 9:00 p.m. daily. Utilization is typically small groups in the 4 — 40 range. Once a week and on religious holidays, there will be a larger gathering. No additional uses such as a day care or private school are proposed. The site is enclosed with a chain link fence. The fencing will remain and may be replaced in future phasing. A dumpster location is indicated on the plan near the northwest corner of the parking lot. Due to the proximity of neighboring residences, servicing of the dumpster should be limited to 7:00 a.m. — 6:00 p.m., Monday — Friday. Signage will comply with that allowed in office and institutional zones. The ground -mounted sign may utilize an LED electronic message center. No outside use areas are proposed. The applicant is requesting approval to advance grade the building site in conjunction with the grading of the parking area. This portion of the property is fairly heavily wooded and an undisturbed, wooded buffer will be retained on the south and east (street) perimeters to screen the site. A waiver of the buffer requirement on the west is requested due to the presence of a floodway along that perimeter. The floodway is to remain undisturbed. The applicant is requesting a deferral of the required street improvements until the Phase III construction of the new building. Staff supports the deferral since the new building is likely what will actually generate additional traffic to the site. Additionally, the CUP for all phases is only valid for three years. 36-108. (c) (CUP conditions) states.- (c) tates: (c) Conditions may include time limits for exercise of authorization. However, the maximum allowable time shall be three (3) years from the date of approval. Required permits must be obtained within the allotted period, unless an extension of time is granted by the commission. Otherwise, the conditional use permit approval shall be considered void. In an approved multiple -phased development, any phases for which the required permits have not been obtained within three (3) years of the date of approval must be reviewed and approved by the Planning Commission in the same manner as established for the initial conditional use review. December 14, 2017 ITEM NO.: 1 (Cont.) FILE NO.: Z -7935-B STAFF RECOMMENDATION: Staff recommends approval of the requested CUP 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. Dumpster service hours are to be limited to 7:00 a.m. — 6:00 p.m., Monday through Friday. Staff recommends approval of the advance grading request to allow grading of the new building pad with the grading of the parking area. Staff recommends approval of a 24 month deferral of the paving requirement for the new parking lot subject to staff approval of the material and design of the unpaved parking area. Staff recommends approval of deferral of boundary street improvements to Nash Lane until Phase III (new building). Staff recommends approval of a waiver of the buffer requirement on the west perimeter of the site due to the floodway. PLANNING COMMISSION ACTION: (DECEMBER 14, 2017) The applicants were present. There were no objectors present. Staff presented the item and a recommendation of approval as outlined in the "staff recommendation" above. Staff recommended approval of the advance grading request, the 24 month deferral of the paving requirement, the deferral of boundary street improvements until phase III (new building) and the waiver of the buffer requirement on the west perimeter, all as 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 10 ayes, 0 noes and 1 absent. 9