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HomeMy WebLinkAboutZ-7935-C Staff AnalysisMarch 8, 2018 ITEM NO.: 2 FILE NO.: Z -7935-C NAME: Vedant Society of Arkansas — Revised Conditional Use Permit LOCATION: 10224 Nash Lane OWNER/APPLICANT: Vedant Society of Arkansas PROPOSAL: A revision to the previously approved conditional use permit is requested to allow for the phased expansion of parking and facilities for the Vedant Society Religious and Cultural Center located on this R-2 zoned, 5.76± acre tract. 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 and 2017 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. Continued use of the property, including the proposed new buildings and parking, 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 PARKIN The site is occupied by a single, 4,495 square foot building and a small area of parking. Access is via a single driveway off of Nash Lane. Proposed new areas of parking are to be constructed in three (3) phases to coincide with the phased construction of new buildings. A 50 -space parking lot is to be constructed in conjunction with the Phase I temple March 8, 2018 ITEM NO.: 2 Cont. FILE NO.: 2-7935-C building. With this phase, a new driveway will be constructed near the south perimeter of the site. An additional 20 spaces will be constructed with the Phase II community center expansion of the Phase I building. An additional 41 -space parking area will be constructed in conjunction with the Phase IV construction of a fellowship/gymnasium building. All parking will be paved and landscaped at the time of construction to comply with code requirements. Required improvements to Nash Lane will be done in 2 phases to coincide with the Phase 1 and Phase III building construction. 4. SCREENING AND BUFFERS.- Site UFFERS: 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 ('h) 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 ('/) 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 2 March 8, 2018 ITEM NO.: 2 Cont. FILE NO.: Z -7935-C 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 (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. The dedication should be made along the entire frontage of the property with phase 1 construction. 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. 3 March 8, 2018 ITEM NO.: 2 Cont. FILE NO.: Z -7935-C 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 a variance being requested to advance grade future phases with construction of the first phase? 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 Engineering 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. 14. With construction of the south driveway and the Phase 1 street construction, the existing fence should be relocated out of the right-of-way. CI March 8, 2018 ITEM NO.: 2 (Cont.) FILE NO.: Z -7935-C 15. If manual gates are proposed, the gates should be located no closer than 20 ft. from the back of curb. If a remote gate is proposed, the gate call box should be located at least 30 ft. from back of curb and a turnaround should be provided. 16. With construction of Phase 1 the existing fence should be removed from the floodway due to it obstructing flows. 6. UTILITIES AND FIRE DEPARTMENT/BUILDING CODES: Little Rock Water Reclamation Authority: Sewer Available to this site. Entergy: Entergy does not object to this proposal. There do not appear to be any conflicts with existing electrical utilities at this location. There is an existing three phase, overhead power line currently installed on the east side of Nash Lane which provides service to the north side of this property to the existing structures. Contact Entergy 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: No objection. Fire Department: Full plan review Maintain Access: Fire Hydrants. Maintain fire apparatus access roads at fire hydrant locations as per Appendix D of the 2012 Arkansas Fire Prevention Code Vol. 1 Section D103.1 Access road width with a hydrant. Where a fire hydrant is located on a fire apparatus access road, the minimum road width shall be 26 feet, exclusive of shoulders. Grade Maintain fire apparatus access roads as per Appendix D of the 2012 Arkansas Fire Prevention Code Vol. 1 Section D103.2 Grade. Fire apparatus access roads shall not exceed 10 percent in grade except as approved by the fire chief. 5 March 8, 2018 ITEM Na.: 2 (Cont.) FILE NO.: Z -7935-C Loading Maintain fire apparatus access road design as per Appendix D of the 2012 Arkansas Fire Prevention Code Vol. 1 Section D102.1 Access and loading. Facilities, buildings or portions of buildings hereafter constructed shall be accessible to fire department apparatus by way of an approved fire apparatus access road with an asphalt, concrete or other approved driving surface capable of supporting the imposed load of fire apparatus weighing at least 75,000 pounds. Commercial and Industrial Developments — 2 means of access. — Maintain fire apparatus access roads as per Appendix D of the 2012 Arkansas Fire Prevention Code Vol. 1 Section D104.1 Buildings exceeding three stories or 30 feet in height. Building or facilities exceeding 30 feet or three stories in height shall have at least two means of fire apparatus access for each structure. Section D104.2 Building exceeding 62,000 square feet in area. Buildings or facilities having a gross building area of more than 62,000 square feet shall be provide with two separate and approved fire apparatus access roads. Exception: Projects having a gross building area of up to 124,000 square feet that have a single approved fire apparatus access road when all building are equipped throughout with approved automatic sprinkler systems. D104.3 Remoteness. Where two fire apparatus access roads are required, they shall be placed a distance apart equal to not less than one half of the length of the maximum overall diagonal dimension of the lot or area to be served, measured in a straight line between accesses. Gates Maintain fire apparatus access road gates as per Appendix D of the 2012 Arkansas Fire Prevention Code Vol. 1 Section D103.5 Fire apparatus access road gates. Gates securing the fire apparatus access roads shall comply with all of the following criteria: 1. Minimum gate width shall be 20 feet. 2. Gates shall be of swinging or sliding type. 3. Construction of gates shall be of material that allow manual operation by one person. 4. Gate components shall be maintained in an operable condition at all times and replaces or repaired when defective. 0 March 8, 2018 ITEM NO.: 2 (Cont. FILE NO.: Z -7935-C 5. Electric gates shall be equipped with a means of opening the gate by fire department personnel for emergency access. Emergency opening devices shall be approved by the fire code official. 6. Manual opening gates shall not be locked with a padlock or chain and padlock unless they are capable of being opened by means of forcible entry tools or when a key box containing the keys to the lock is installed at the gate location. 7. Locking device specifications shall be submitted for approval by the fire code official 8. Electric gate operators, where provided, shall be listed in accordance with UL 325. 9. Gates, intended for automatic operation shall be designed, constructed and installed to comply with requirements of ASTM F 2200. 30' Tall Buildin s - Maintain aerial fire apparatus access roads as per Appendix D of the 2012 Arkansas Fire Prevention Code Vol. 1 Section D105.1 — D105.4 D105.1 Where Required. Where the vertical distance between the grade plane and the highest roof surface exceed 30', approved aerial fire apparatus access roads shall be provided. For the purposes of this section the highest roof surfaces shall be determined by measurement to the eave of a pitched roof, the intersection of a roof to the exterior wall, or the top of the parapet walls, whichever is greater. D105.2 Width. Aerial fire apparatus access roads shall have a minimum unobstructed with of 26', exclusive of shoulders, in the immediate vicinity of the building or portion thereof. D105.3 Proximity to building. At least one of the required access routes meeting this condition shall be located within a minimum of 15 feet and a maximum of 30 feet from the building, and shall be positioned parallel to one entire side of the building. The side of the building on which the aerial fire apparatus access road is positioned shall be approved by the fire code official. D105.4 Obstructions. Overhead utility and power lines shall not be located over the aerial fire apparatus access road or between the aerial fire apparatus road and the building. Other obstructions shall be permitted to be places with the approval of the fire code official. Dead Ends. Maintain fire apparatus access roads at dead end locations as per Appendix D of the 2012 Arkansas Fire Prevention Code Vol. 1 Section D103.4 Dead Ends. Dead-end fire apparatus access roads in excess of 150 feet shall be provided with width and turnaround provisions 7 March 8, 2018 ITEM NO.: 2_ (Cont_)_ FILE NO.: Z -7935-C in accordance with Table D103.4. Requirements for Dead-end fire apparatus access roads. Fire Hydrants Locate Fire Hydrants as per Appendix C of the 2012 Arkansas Fire Prevention Code. Section C101 — C105, in conjunction with Central Arkansas Water (Daniel Tull 501-377-1245) and the Little Rock Fire Marshal's Office (Capt. Tony Rhodes 501-918-3757 or Capt. John Hogue 501-918-3754). Number and Distribution of Fire Hydrants as per Table C105.1. Regards, Captain Rhodes and Captain Hogue Office: 918-3710 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 7. TRANSPORTATION/PLANNING: County Planning: No comments received. Rock Region METRO: The site is not located on a bus route. Planning Division: No comments. SUBDIVISION COMMITTEE COMMENT: (FEBRUARY 14, 2018) Terry Burruss, architect, was present representing the application. Staff presented the item and outlined the changes from the December 14, 2017 approved CUP. Staff noted there was some additional site plan — related information needed. In response to a question, Mr. Burruss stated the parking would be paved and landscaped as it was constructed; that no deferral of the paving requirement was requested. Public Works Comments were discussed. Staff noted particularly the requirement to remove the fencing from the Nash Lane right-of-way and the floodway. Landscape Comments were presented and discussed. Other Agency Comments were noted. The applicant was advised to submit responses to staff comments no later than February 21, 2018. The Committee forwarded the item to the full Commission. 0 March 8, 2018 ITEM NO.: 2 (Cont.) FILE NO.: Z -7935-C STAFF ANALYSIS: The Vedant Society of Arkansas occupied the R-2 zoned, 5.76 acre tract located at 10224 Nash Lane. On October 13, 2005, the Commission approved a 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 lots 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. On December 14, 2017, a revision to the CUP was approved to allow for the phased development of new facilities and parking. The approval allowed for construction of a single 20,000 square foot building containing various use areas, including a worship center with a capacity of 408 persons. A 100 -space parking lot was approved. The development was proposed in 3 phases. Phase I was to consist of constructing a gravel parking lot near the middle of the site. A 24 -month deferral of the paving and landscaping requirement for the new parking lot was approved. Phase II was to consist of paving and landscaping the parking lot. Phase III was construction of the new building. It was possible that Phases II and Phases III could occur together. Phase III also consisted of a second driveway off of Nash Lane, with a small area of additional parking and a drop-off area. The Commission approved an advance grading request to allow grading of the new building pad with the grading of the parking area. The Commission approved a deferral of boundary street improvements to Nash Lane until Phase III (new building). The Society is now requesting a revision to the CUP approved on December 14. In lieu of a single, 20,000 square foot building, the Society is proposing four (4) phases of building construction utilizing two (2) new buildings rather than one (1). Parking is proposed to be built in three (3) phases and the parking will be paved and landscaped as it is constructed. Improvements to Nash Lane will still be done in two (2) phases. Phase I will consist of a 4,750 square foot building and a 50 -space parking lot, with a new driveway on Nash Lane. The building will contain worship space and room for support uses including a kitchen and restrooms. The Society currently has about 30 regularly -attending members. Once the new building is March 8, 2018 ITEM NO.: 2 (Cont.) FILE NO.: Z -7935-C constructed, attendance at the facility is anticipated to be 6 — 10 persons during weekdays and 15 — 20 persons on weekends. For bigger celebrations, which occur 3 — 4 times a year, attendance could reach 100 — 150 persons. The new, 50 -space parking lot will be paved and landscaped at the time it is constructed. Half -street improvements to Nash Lane will be constructed from the south property line to approximately 50 feet north of the new driveway. Phase II is a 4,000 square foot addition to the Phase I building. The new space will primarily be used only for Indian Community Special occasions once a month which will have 50 — 100 persons in attendance. The parking lot will be expanded by an additional 20 spaces. Phase III will consist of a second, 6,400 square foot building. This building will contain a Temple Yoga and Meditation Center. At that point, membership is expected to increase to 150 persons and the larger temple is required. A final addition of 40± parking spaces is indicated. Those spaces may be constructed in two (2) phases or all at once. Under Phase III, the remainder of half -street improvements to Nash Lane will be constructed. Phase IV consists of a 6,500 square foot addition to the Phase III building. The addition will contain a gymnasium/fellowship space. If the Phase III parking is split into phases, the final parking will be constructed with the Phase IV addition. The existing residential structure will be utilized as housing for the priest. Signage will comply with that allowed in office and institutional zones. A ground mounted sign may utilize an LED electronic message center. Pole lighting will be provided with parking lot construction. Pathway, landscape and building lighting is planned. All lighting will be low-level and directional, shielded downward and into the site. The dumpster location has been indicated on the plan. Screening will be installed to comply with code requirements. The site is enclosed with a chain-link fence. The fencing will be replaced during the various phases. A metal picket - type fence will be placed along the street frontage. Epoxy coated chain-link will be used for fencing along the sides and rear of the site. If gates are installed on the driveways, the applicant will comply with Public Works Comments regarding placement and operation. The buildings will not exceed the allowable height of 35 feet for structures in the R-2 district. Gopurams (similar to minarets) will be additional 12 — 16 feet in height. No formal outside use areas are proposed. No additional uses such as day care or private school are proposed. 10 March 8, 2018 ITEM NO.: 2 (Cont. FILE NO.: Z - The applicant has stated they will comply with all proposed staff comments and conditions. To staffs knowledge, there are no outstanding issues and staff is supportive of the proposed revision to the approved conditional use permit. There is no bill of assurance for this acreage tract. The applicant is requesting approval to advance grade the site in conjunction with the Phase I building and parking lot. The applicant is also requesting approval of a waiver of the buffer requirement on the west perimeter of the site due to the presence of a large area of floodway on that perimeter. Staff is supportive of both requests. 36-108. (c) (CUP conditions) states: (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. 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. Staff recommends approval of a waiver of the buffer requirement on the west perimeter of the site due to the floodway. 11 March 8, 2018 1100 ini<r011 WAffaiiil FILE NO.: Z -7935-C PLANNING COMMISSION ACTION: (MARCH 8, 2018) 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. There was no further discussion. The item was placed on the consent agenda and approved as recommended by staff, including all staff comments and conditions. The vote was 9 ayes, 0 noes and 2 absent. 12