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HomeMy WebLinkAboutZ-8164 Staff AnalysisFebruary 15, 2007 ITEM NO.: 11 FILE NO.: Z-8164 NAME: Korean Disciple Church of Arkansas — Conditional Use Permit LOCATION: 600 Kirby Road OWNER/APPLICANT: Korean Disciple Church of Arkansas/Terry Burruss PROPOSAL: A conditional use permit is requested to allow for construction of a multipurpose building on this existing, R-2 zoned church site. 1. SITE LOCATION: The church is located on the southwest corner of Kirby Road and Sweet Bay Drive. 2. COMPATIBILITY WITH NEIGHBORHOOD: The church is located within what is principally a residential neighborhood, although several nonresidential uses are located nearby. Single family homes are located to the east and west. Other churches are located adjacent to the south and across Kirby to the northeast. The community park and swimming pool are adjacent to the north, across Sweet Bay. A City of Little Rock fire station is located north of the park. Further north is the Kohl's store on C-3 zoned property. With proper attention to screening and buffers; the proposed multipurpose building addition should not affect the church's continued compatibility with the neighborhood. 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 Parkway Place Neighborhood Association were notified of this request. 3. ON SITE DRIVES AND PARKING: The site has single driveways onto Kirby Road and Sweet Bay Drive. A 43-space parking lot is located south of the existing building. The sanctuary has a seating capacity of 172 persons. The church was constructed in 1976. Churches built prior to 1988 have a parking requirement of one space for every 5 seats. This church has a parking requirement of 34 spaces. No changes are proposed to the sanctuary or the existing parking lot and driveways. February 15, 2007 ITEM NO.: 11 (Cont.) FILE NO.: Z-8164 4. SCREENING AND BUFFERS: Site plan must comply with the City's minimal landscape and buffer ordinance requirements. The zoning buffer ordinance requires a twenty-four (24') foot wide land use buffer along the western perimeter of the site next to the residentially zoned property. Seventy percent (70%) of this buffer is to remain undisturbed. A variance from the City Beautiful Commission will be required prior to the issuance of a building permit. Current proposal encroaches into the land use buffer. The building needs to be shifted east and measures taken to retain this buffer area. Prior to the issuance of a building permit a landscape plan must be approved and must obtain the seal of a licensed Landscape Architect. An automatic irrigation system to water the landscaped areas is required. The City Beautiful Commission recommends preserving as many existing trees as feasible on this tree -covered site. Credit toward fulfilling Landscape Ordinance requirements can be given when preserving trees of six (6) inch caliper or larger. 5. PUBLIC WORKS COMMENTS: 1. Kirby Drive is classified on the Master Street Plan as a collector street. A dedication of right-of-way 30 feet from centerline will be required. From the survey, it is uncertain the location of the existing property line in relation to the street centerline. 2. The proposed land use would classify Sweet Bay Drive Street on the Master Street Plan as a commercial street. Dedicate right-of-way to 30 feet from centerline. From the survey, it is uncertain the location of the existing property line in relation to the street centerline. 3. A 20 feet radial dedication of right-of-way is required at the intersection of Sweet Bay Drive and Kirby Drive. 6. UTILITY, FIRE DEPT. AND CATA COMMENTS: Wastewater: Sewer available to this property. Entergy: No Comments received. 2 February 15, 2007 ITEM NO.: 11 (Cont.) FILE NO.. Z-8164 CenterPoint Energy: No Comments received. AT&T (SBC): No Comments received. Water: Contact Central Arkansas Water if larger and/or additional water meter(s) are required. Additional fire hydrant(s) will be required. Contact the Little Rock Fire Department to obtain information regarding the required placement of the hydrant(s) and contact Central Arkansas Water regarding procedures for installation of the hydrant(s). Fire Department: Install and place fire hydrants per code. Canopy shall have clearance of no less than 13.5 feet. Contact Fire Marshall Dennis Free at 918-3710. County Planning: No Comments. CATA: The site is not located on a CATA bus route. SUBDIVISION COMMITTEE COMMENT: (JANUARY 11, 2007) The applicant was present. Staff presented the item and noted additional information was needed including; building design and height, building setbacks, signage, site lighting, building use, dumpster location and screening, seating capacity of the sanctuary, number of on -site parking spaces and the location of any fencing. Staff asked if any other use was proposed such as day care. Staff asked the applicant to relocate the building so as to provide a 25-foot rear yard setback. Public Works, Landscape, Utility and Fire Department comments were noted and discussed. The applicant stated he would comply with those comments. Staff advised the applicant to contact the outside reviewing agencies, if there were questions related to their comments. The applicant was advised to respond to staff issues by January 17, 2007. The Committee forwarded the item to the full Commission. STAFF ANALYSIS: The Korean Disciples Church of Arkansas is located on the R-2 zoned, 4± acre site at 600 Kirby Road. The church was constructed in 1976; prior to the requirement of a conditional use permit. Another congregation previously occupied the church. The site contains a sanctuary/education building and a 43-space parking lot. Driveways provide access to Kirby Road and Sweet Bay W February 15, 2007 ITEM NO.: 11 fCont.) FILE NO.: Z-8164 Drive. The property has two signs; one at the northeast corner of the property and one nearer the driveway onto Kirby Road. Much of the site is wooded. The church is proposing to construct a one-story, 5,000 square foot multipurpose building/fellowship hall to the west of the existing church building. The new building will tie onto a canopy that extends over the driveway; providing covered access from the main building. The building will be constructed with a pre- engineered steel frame with metal siding and roof. The building will have a 12-foot eave height and a maximum roof height of 20.5 feet. The building will be utilized as a fellowship hall/meeting facility. It will not be constructed to allow its use for basketball. On January 17, 2007, the applicant submitted responses to issues raised at Subdivision Committee. The building has been moved to provide a 25-foot setback from the west property line, which also addresses the 24-foot buffer requirement. At least 70% of that buffer will remain undisturbed. Although there are trees and undergrowth in that area, the applicant has agreed to supplement the buffer with additional evergreen plants. Existing signage consists of two ground -mounted signs. No changes are proposed to signage. No additional use is proposed for the site. The church conducts "typical" church -related activities on the site; including Sunday and Wednesday worship services with occasional activities throughout the week. Site lighting consists of two pole lights overlooking the parking lot. No additional site lighting is proposed. There is no additional fencing proposed for the site. There is some fencing along the south and west perimeters which was installed by the adjacent residential property owners. A future dumpster site and screening have been shown at the west end of the parking. Although there are no current plans to install a dumpster, one is shown on the plan in case one is ever needed. Staff is supportive of the requested C.U.P. To staff's knowledge, there are no outstanding issues. There is no bill of assurance issue. STAFF RECOMMENDATION: Staff recommends approval of the C.U.P. subject to compliance with the following conditions: 1 Compliance with the staff comments and conditions outlined in Sections 4, 5 and 6 of the agenda staff report. 2. Additional evergreen plantings are to be installed in the buffer behind the new building as needed to provide screening. 3. No doors are to be located on the west (rear) fagade of the building other than those required for fire safety egress. 4. No lighting is to be installed on the west (rear) fagade of the building other than low wattage, wall park lighting that may be required over than exit door. 12 February 15, 2007 ITEM NO.: 11 (Cont) FILE NO.: Z-8164 5. If a dumpster is ever installed, hours of service are to be limited to daylight hours. 6. The metal siding and roof material are to be nonreflective and staff would suggest that a color be chosen that will help the building blend in with the woods so as to help reduce its visibility from nearby residences. PLANNING COMMISSION ACTION: (FEBRUARY 15, 2007) The applicant was present. There was one objector present. Staff presented the item and informed the Commission that the applicant had submitted an amendment to the application in which he agreed to plant dense evergreen planting (1.5 times the requirement) on the west side on the new building, that there will be no windows or doors on the west side of the building and that the color of the exterior metal siding of the new building will blend with the surroundings (no bright colors). Staff recommended approval of the application, as amended, subject to compliance with the comments and conditions outlined in the "staff recommendation" above. Terry Buruss, the applicant, restated his commitment to have no doors or windows on the west side of the building. He stated he would reserve his time to address any concerns raised by the opposition. Stephanie O'Brien, of #1 South Sweet Bay Court, spoke in opposition. She stated she was concerned about the hours of activity on the site. She stated there was activity and traffic on the property at all hours of the night. She asked if there would be restrictions placed on the hours of activity. Ms. O'Brien stated it appeared to her that people were living in the building as there were people there from early in the morning to late at night. She stated the noise and vehicle lights were a disturbance. Commissioner Williams commented to Ms. O'Brien that the new building would actually help to screen her residence from the activities on the church site. Michael Choy spoke on behalf of the church. He stated the church members were not aware that their activities were negatively impacting the neighbors. He apologized for any inconvenience and stated he would speak with the church members. In response to a question from Commissioner Meyer, Mr. Choy stated no one was living at the church. He stated they did have a 5:30 a. m. prayer time and occasionally had activities until 9:00 at night. There was further discussion of the activities on the site. 4 February 15, 2007 ITEM NO.: 11 (Cont. FILE NO.: Z-81 In response to a question, Mr. Choy stated the church served lunch and dinner on Sundays. Terry Burruss stated there was a exit -only door on the north side of the building and full -access door on the south. In response to questions, the applicant stated there were no outdoor bells or public address system and no outdoor activities beyond use of the existing playground. Ms. O'Brien asked again if the hours of activities could not be limited. Deputy City Attorney Cindy Dawson cautioned the Commission against trying to limit the hours of this religious use. A motion was made to approve the application as recommended by staff. The motion was approved by a vote of 9 ayes, 0 noes and 2 absent. 0