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HomeMy WebLinkAboutZ-8302 Staff AnalysisJanuary 17, 2008 ITEM NO.: 14 FILE NO.: Z-8302 NAME: Unity Missionary Baptist Church — Conditional Use Permit LOCATION: 2720 Marshall Street and 1619 West 28th Street OWNER/APPLICANT: Unity Missionary Baptist Church/Detrick Foster PROPOSAL: A conditional use permit is requested to allow for construction of a new church building and parking lot on these R-4 zoned lots. 1. SITE LOCATION: The properties are located at the northwest and southeast corners of the intersection of Marshall Street and West 28th Street. 2. COMPATIBILITY WITH NEIGHBORHOOD: The church has been at this site for some time. The surrounding neighborhood is principally single family and two-family residential in zoning and use. The homes range in condition from very poor and boarded to well kept. Other uses in the general area include other neighborhood churches and a Little Rock Housing Authority development. The church now has no real on site parking. Allowing the construction of the new church building, with the addition of some needed off street parking, should only enhance the church's compatibility with the neighborhood. All owners of properties located within 200 feet of the site, all residents within 300 feet who could be identified and the MLK and South End Neighborhood Associations were notified of this request. 3. ON SITE DRIVES AND PARKING: The church currently has no real on -site parking. The proposed new building will have a seating capacity in the main worship area of 120, requiring 30 on -site parking spaces. Under the current proposal, 17 parking spaces will provided on site and in a new parking lot across the intersection from the church building. Many of the church's congregants are neighborhood residents and some likely walk to the facility. There is ample on -street parking available around the church property. January 17, 2008 O.: 14 (Cont.) FILE NO_: Z-8302 4. SCREENING AND BUFFERS: Site plan must comply with the City's landscape and buffer ordinance requirements. Zero building landscaping is being proposed. This landscaping is to be located between the building and the parking lot(s) areas. A variance from this minimal city requirement must be obtained from the City Beautiful Commission prior to the issuance of a building permit. The zoning buffer ordinance requires a minimal six foot nine inch wide (6'-9") land use buffer between all the areas located next to residentially zoned properties. Seventy percent (70%) of this buffer is to remain completely undisturbed. This includes the clearing or grubbing of any/all underbrush. Currently, this project isn't meeting this minimal amount anywhere on the project. The zoning buffer ordinance requires a minimal six foot nine inch wide (6'-9") wide street buffer. Currently, neither site is meeting this minimal city requirement. The landscape ordinance requires a six foot nine inch wide (6'-9") landscape strip around both sites entirety. A variance from this minimal requirement must be obtained from the City Beautiful Commission prior to the issuance of a building permit. A six (6) foot high opaque screen, either a wooden fence with its face side directed outward, a wall, or dense evergreen plantings, is required along the areas located next to residentially zoned properties. Credit towards fulfilling this requirement can be given for existing trees and undergrowth that satisfies this year -around requirement. Street trees are recommended. The City Beautiful Commission recommends preserving as many existing trees as feasible. Credit toward fulfilling Landscape Ordinance requirements can be given when preserving trees of six (6) inch caliper or larger. 5. PUBLIC WORKS COMMENTS: 1. A 20 foot radial dedication of right-of-way is required at the SE corner of the intersection of 28th and Marshall Streets. 2 January 17, 2008 ITEM NO.: 14 (Cont. FILE NO.: Z-8302 2. A 20 foot radial dedication of right-of-way is required at the NW corner of the intersection of 28th and Marshall Streets. 3. At the time of construction, sidewalks with appropriate handicap ramps are required at both sites in accordance with Sec. 31-175 of the Little Rock Code and the Master Street Plan. Sidewalk should extend to the property line. The sidewalk does not extend to the property line on the SW corner of the proposed church building. 4. At the time of construction, close old curb cuts with curb and gutter. 5. At the time of construction, pave alley to a width of 20 ft for the length of the property. 6. At the time of construction, repair or replace any curb and gutter or sidewalk that is damaged in the public right-of-way prior to occupancy. 7. At the time of construction, plans of all work in right-of-way shall be submitted for approval prior to start of work. Obtain barricade permit prior to doing any work in the right-of-way from Traffic Engineering at (501) 379-1805 (Travis Herbner). 6. UTILITY. FIRE DEPT. AND CATA COMMENTS: Wastewater: Sewer available to this property. Entergy: No comment received. Centerpoint Energy: Approved as submitted. AT&T (SBC): No comment received. Water: All Central Arkansas Water requirements in effect at the time of request for water service must be met. Contact Central Arkansas Water regarding the size and location of the water meter. Fire Department: Approved as submitted. County Planning: No comments. CATA: The site is not located on a CATA bus route. A route extends along Martin Luther King on the east and Battery on the west. SUBDIVISION COMMITTEE COMMENT (DECEMBER 27, 2008) The applicants were present. Staff presented the item and noted additional information was needed including building materials, setbacks, signage, fencing k? January 17, 2008 ITEM NO.: 14 FILE NO.: Z-8302 and site lighting. Staff asked the applicant to provide the number of seats in the worship area and typical days and hours of operation. Staff asked if any other uses were proposed such as day care or private school. It was noted that a parking variance would be needed since all required parking was not being provided on -site. Public Works and Landscape Comments were discussed. It was noted that City Beautiful Commission approval would be needed for the reduced perimeter landscape strips. The Committee noted the project was an in -fill development and it would be appropriate to support some variances from the typical ordinance standards. The applicants were advised to respond to staff issues by January 2, 2008. The Committee forwarded the item to the full Commission. STAFF ANALYSIS: Unity Missionary Baptist Church is located on the R-4 zoned property at 1619 West 28t" Street. The church occupies two lots at the southeast corner of West 28tt' and Marshall Streets. The small church building occupies the east half of the property. A residential structure previously occupied the west half. The church itself appears to be a residential structure that was converted into a church some years ago. The church is requesting approval of a conditional use permit to allow for construction of a new church building and parking on the site. A smaller parking lot is also proposed across the intersection on a lot at the northwest corner of 28�' and Marshall. The proposed building will be a pre-engineered metal building with metal siding and roof system and will include some masonry or applied veneer. The roof system will have a single ridge pitched roof. The maximum height of the side walls will be 12'0" and maximum ridge height of 18 feet to 20 feet. The foundation will be concrete on grade. The building has been located on the site to comply with zoning setback requirements. The required zoning buffer and perimeter and building landscape strips are provided for the building site. Nine parking spaces will be located east and south of the building, taking access off of an improved alley. The lot at the northwest corner of the intersection is in reality only a portion of a lot. The property was developed many years ago so that only a 50 feet x 100 feet portion of the lot remains. The church proposes to build an 8-space parking lot on the site. A one -war entrance will be located on Marshall and a one-way exit will be located on 28t Street. The Landscape and Buffer Ordinances require perimeter strips of 6.75 feet. Landscape strips of 3 to 4 feet are proposed. A 6-foot tall wood privacy fence is proposed on the north and west perimeters of 2 Janudry 17, 2008 ITEM NO.: 14 (Cont.) FILE NO.: Z-8302 the parking lot. The applicant is aware that City Beautiful Commission approval is needed for the reduced landscape areas. Staff is supportive of allowing the reduced buffer strips. Some accommodation should be granted when an in -fill redevelopment is proposed in an area that needs new development. Signage is proposed to consist of one ground -mounted sign as permitted in office and institutional zones (6 feet in height and 64 square feet in area) and possible wall signage on the north and west facades of the building. No additional site lighting is proposed except wall -mounted downlighting. No additional uses such as day care, mother's day out or private school are proposed. Typical days and hours of activities are proposed as Sunday mornings and evenings, Wednesday 6:00 p.m. to 8:00 p.m. and Saturday 4:00 p.m. to 5:00 p.m. Special activities will likely occur on other days and hours. Staff is supportive of the proposed redevelopment. This small (5,100 square feet, 120 seat) church is compatible with uses in the area and should continue to be a stabilizing influence on the neighborhood. The applicant submitted responses to Subdivision Committee comments as reflected above. The 1890 Bill of Assurance for this addition does not address use issues. STAFF RECOMMENDATION: Staff recommends approval of the requested Conditional Use Permit 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. Any site lighting is to be shielded downward and into the site. Staff recommends approval of the requested variances to allow a reduction in on -site parking and to allow the reduced buffer strips for the parking lot at the northwest corner of 28th and Marshall Streets. The reduced landscape areas will require City Beautiful Commission approval as well. PLANNING COMMISSION ACTION: (JANUARY 17, 2008) The applicant was present. There were no objectors present. Staff presented the item and a recommendation of approval, subject to compliance with the conditions outlined in the "staff recommendation" above. Staff also recommended approval of the parking and buffer variances. There was no further discussion. The item was placed on the consent agenda and approved as recommended by staff. The vote was 9 ayes, 0 noes, 1 absent and 1 recusal (Laha). 5 SUBDIVISION COMMITTEE COMMENTS DECEMBER 27, 2007 ITEM NO.: 14. UNITY MISSIONARY BAPTIST CHURCH CONDITIONAL USE PERMIT Z-8302 Planning Staff Comments: 1. Provide a cover letter giving details of the proposal. 2. Provide site plan with dimensions of building setbacks, landscape areas, parking stalls and driveways. 3. Provide building design information; height, materials, roof design, etc... 4. Provide signage plan. 5. Locate and describe all existing and proposed fencing. 6. Locate and describe all site lighting. 7. Provide number of total seats in main worship area. 8. Provide typical days and hours of operation. 9. Are any other uses proposed such as daycare, Mother's day out program or private school? 10. A parking variance is needed, request a variance and provide justification. 11. Locate dumpster/trash area and required screening. 12. The 1890 Bill of Assurance does not address use issues. VariancelWaivers: • Parking variance. • Possible setback, buffer and landscape variances. Public Works: 1. A 20 foot radial dedication of right-of-way is required at the SE corner of the intersection of 28th and Marshall Streets. 2. A 20 foot radial dedication of right-of-way is required at the NW corner of the intersection of 28th and Marshall Streets. 3. At the time of construction, sidewalks with appropriate handicap ramps are required at both sites in accordance with Sec. 31-175 of the Little Rock Code and the Master Street Plan. Sidewalk should extend to the property line. The sidewalk does not extend to the property line on the SW corner of the proposed church building. 4. At the time of construction, close old curb cuts with curb and gutter. 5. At the time of construction, pave alley to a width of 20 ft for the length of the property. 6. At the time of construction, repair or replace any curb and gutter or sidewalk that is damaged in the public right-of-way prior to occupancy. 7. At the time of construction, plans of all work in right-of-way shall be submitted for approval prior to start of work. Obtain barricade permit prior to doing any work in the right-of-way from Traffic Engineering at (501) 379-1805 (Travis Herbner). Utilities and Fire Department/County Planning: Wastewater: Sewer available to this property. Entergy: No comment received. Centerpoint Energy: Approved as submitted. AT&T (SBC): No comment received. Water: All Central Arkansas Water requirements in effect at the time of request for water service must be met. Contact Central Arkansas Water regarding the size and location of the water meter. ITEM NO.: 14. CON'T (Z-8302 Fire Department: Approved as submitted. County Planning: No comments. CATA: The site is not located on a CATA bus route. A route extends along Martin Luther King on the east and Battery on the west. Planning Division: No Comments. Landscape: Site plan must comply with the City's minimal landscape and buffer ordinance requirements. Zero building landscaping is being proposed. This landscaping to be located between the building and the parking lot(s) areas. A variance from this minimal city requirement must be obtained from the City Beautiful Commission prior to the issuance of a building permit. The zoning buffer ordinance requires a minimal six foot nine inch wide (6'-9") land use buffer between all the areas located next to residentially zoned properties. Seventy percent (70%) of this buffer is to remain completely undisturbed. This includes the clearing or grubbing of any/all underbrush. Currently, this project isn't meeting this minimal amount anywhere on the project. The zoning buffer ordinance requires a minimal six foot nine inch wide (6'-9") wide street buffer. Currently, neither site is meeting this minimal city requirement. The landscape ordinance requires a six foot nine inch wide (6'-9") landscape strip around both sites entirety. A variance from this minimal requirement must be obtained from the City Beautiful Commission prior to the issuance of a building permit. A six (6) foot high opaque screen, either a wooden fence with its face side directed outward, a wall, or dense evergreen plantings, is required along the areas located next to residentially zoned properties. Credit towards fulfilling this requirement can be given for existing trees and undergrowth that satisfies this year -around requirement. Street trees are recommended. 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. Other: Submit responses to staff issues and four (4) copies of revised site plan no later than Wednesday January 2, 2008. Required notices must be sent no later than January 2, 2008 and proof of notice returned to staff by January 11, 2008.