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HomeMy WebLinkAboutZ-8324 Staff AnalysisApril 10, 2008 ITEM NO.: 11 FILE NO.: Z-8364 NAME: True Light Ministries Church and Day Care Center — Conditional Use Permit LOCATION: 5120 West 65th Street OWNER/APPLICANT: Davis Family Trust/Charles Thomas PROPOSAL: A conditional use permit is requested to allow use of this existing building for a church and day care center. The property is zoned C-4. 2 SITE LOCATION: The site is located at the northeast corner of West 65th Street and Lancaster Road. COMPATIBILITY WITH NEIGHBORHOOD: The site is located within an area of mixed uses and zoning. A variety of commercial, industrial and multifamily uses are located in the general area. A buffer of mature trees and dense undergrowth on the northern portion of the site provides buffering for the residential properties adjacent to the north. Allowing use of this existing building for a day care center, church and related activities appears to be compatible with uses in the area. All owners of properties located within 200 feet of the site, all residents within 300 feet who could be identified and the Wakefield and SWLR United for Progress Neighborhood Associations were notified of this request. 3. ON SITE DRIVES AND PARKING: Access to the site is via single driveways onto West 65th Street and Lancaster Road. The site contains a 28-space paved parking lot. The church will have a seating capacity of 55-65 persons in the worship area, requiring 16 parking spaces. The day care is proposed to have an enrollment of 28 children with 5 employees, requiring 7 parking spaces. A fire extinguisher company occupies the remainder of the building. Because the principal hours of the church do not conflict with the day care and fire extinguisher company business hours, the existing parking should be sufficient for the uses. April 10, 2008 ITEM NO.: 11 (Cont.) _ FILE NO.: Z-8364 4. SCREENING AND BUFFERS: No comments on this use -only issue. All improvements are existing. If a playground is proposed, screening must be installed where the site is adjacent to residential property. 5. PUBLIC WORKS COMMENTS: 1. Due to the proposed use of the property, the Master Street Plan specifies that Lancaster Street for the frontage of this property must meet commercial street standards. Dedicate right-of-way to thirty (30) feet from centerline for the entire length of the property. 6. UTILITY, FIRE DEPT. AND CATA COMMENTS: Wastewater: Sewer available to this property. Entergy: No comment received. CenterPoint Energy: No comment received. AT&T (SBC): No comment received. Water: No objection to using existing building for church and day care. Contact Central Arkansas Water if larger and/or additional water meter(s) are required. Fire Department: Fire sprinklers may be required. Contact Fire Marshall's office at 918-3710. County Planning: No Comments. CATA: The site is located on a CATA bus route. SUBDIVISION COMMITTEE COMMENT: (MARCH 20, 2008) The applicants were present. Staff presented the item and noted additional information was needed regarding seating capacity of the church worship area, days and hours of operation of the church and day care center, enrollment of the day care and number of employees, signage and dumpster location. The applicants were advised to indicate on the site plan if there would be a playground. 2 April 10, 2008 ITEM NO.: 11 (Cont. FILE NO.: Z-8364 Public Works, Utility and Landscape Comments were presented. Staff explained the need for a small amount of right-of-way on Lancaster. It was determined that the right -of -way -on 65th Street was sufficient to meet MSP standards. Staff stated screening would be required between the playground and abutting residential property. The applicants were advised to respond to staff issues by March 26, 2008. The Committee forwarded the item to the full Commission. STAFF ANALYSIS: The C-4 zoned property located at 5120 West 65th Street is occupied by a 14,000 square foot, one-story, brick and frame commercial building and a 28-space paved parking lot. The majority of the building is occupied by a fire extinguisher service company with offices in the front of the building and a service area located in the rear of the building. A conditional use permit is requested to allow for approximately 4,000 square feet of the building to be occupied by a church and day care center. Currently, the church hours are projected to be on Sundays from 10:00 a.m. — 2:00 p.m. and on Wednesdays from 6:00 p.m. — 8:30 p.m. The worship area will seat 55-65 persons. The day care center to be operated by the church is proposed to have hours of 6:00 a.m. — 6:00 p.m., Monday through Friday. The day care will have an enrollment of 28 children, with 5 employees. The day care will provide service to children ages 6 weeks to 5 years old with before and after school care for children ages 5-14 years old. A small playground area will be created directly north of the building. A buffer of mature trees and dense undergrowth located on the north perimeter of the site provides a buffer between the proposed playground and the adjacent residence. Signage will consist of wall signs on the south and east facades. No new dumpster or site lighting will be added. In conjunction with the church use, the applicant also proposes to have an "event center". The proposed is to allow use of the worship area for "church type" special events on days and hours outside of the church use times. Staff believes the addition of the event center may be appropriate with hours being limited not to extend past 10:00 p.m. To staffs knowledge, there are no outstanding issues. The site is an appropriate location for the proposed uses. The 1964 bill of assurance does not address use issues. 3 April 10, 2008 ITEM NO.: 11 Cont. FILE NO.: Z-8364 STAFF RECOMMENDATION: Staff recommends approval of the requested C.U.P. 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 new site lighting must be shielded downward and into the site. 3. The playground area is to be limited to daylight hours of use. 4. The existing dumpster on the site is to be screened to comply with ordinance requirements. 5. If it is determined by staff that the existing natural buffer area is inadequate to screen the playground activities from the adjacent residential property, additional screening in the form of a 6-foot wood fence or dense evergreen plantings shall be installed. 6. The use of the event center activity is not to extend past 10:00 p.m. PLANNING COMMISSION ACTION: (APRIL 10, 2008) The applicant was present. There were no objectors present. Staff presented the item and a recommendation of approval subject to any conditions noted 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 11 ayes, 0 noes and 0 absent. I:!