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HomeMy WebLinkAboutZ-8827 Staff AnalysisJanuary 10, 2013 ITEM NO.: 8 FILE NO.: Z-8827 NAME: 6523 Hinkson Road Church — Conditional Use Permit LOCATION: 6523 Hinkson Road OWNER/APPLICANT: Paul Beavers PROPOSAL: A conditional use permit is requested to allow a church to occupy the existing, non-residential building on this R-2 zoned property. SITE LOCATION: The property is located on the southeast corner of Hinkson and Oman Roads, several blocks west of Geyer Springs Road. 2. COMPATIBILITY WITH NEIGHBORHOOD: This building was originally constructed as a retail, neighborhood store and has continued to be occupied by non-residential uses; most recently, a day care. The Cloverdale Subdivision is located to the west, other residential properties are adjacent to the south and east. A school campus is located to the north. The church is proposing to use the existing building and parking, with some overflow parking to be located next to the building. Staff believes allowing a small neighborhood church to occupy the building is an appropriate use. Notice of the public hearing was sent to all owners of properties located within 200 feet of the site and the Cloverdale and SWLR United for Progress Neighborhood Associations. 3. ON SITE DRIVES AND PARKING: The proposed church is expected to have a seating capacity of approximately 50 persons in the worship area; requiring 12 parking spaces (1 space/4 seats). The site currently has paved parking for 5 spaces. Additional parking is proposed on an unimproved area east of the building. The church currently has a membership of 12 persons. The applicant is proposing to use the unimproved parking area, as needed, for a period not to exceed 18 months. At that time, an appropriately paved and landscaped parking area will be installed. Staff supports the 18 month use of the unimproved parking area. January 10, 2013 ITEM NO.: 8 Cont. FILE NO.: Z-8827 4. SCREENING AND BUFFERS: Site plan must comply with the City's landscape and buffer ordinance requirements. If the rehabilitation costs of the project exceed fifty percent (50%) of the replacement costs of the building then the landscaping must be brought into compliancy accordingly. Any new parking areas must be landscaped per Chapter 15 of the code of ordinances. 5. PUBLIC WORKS COMMENTS: 1. Due to the proposed use of the property, the Master Street Plan specifies that Oman Road for the frontage of this property must meet commercial street standards. Dedicate right-of-way to thirty (30) feet from centerline. 2. Due to the proposed use of the property, the Master Street Plan specifies that Hinkson Road for the frontage of this property must meet commercial street standards. Dedicate right-of-way to thirty (30) feet from centerline. 3. A twenty (20) foot radial dedication of right-of-way is required at the intersection of Oman Road and Hinkson Road. 6. UTILITY FIRE ❑EPT_ AND CATA COMMENTS: Wastewater: Sewer available to this project. Entergy: No comment received. Centerpoint Energy: No comment received. 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. 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. 6 January 10, 2013 ITEM NO.: 8 (Cont. FILE NO.: Z-8827 Contact Central Arkansas Water if additional fire protection or metered water service is required. The Little Rock Fire Department needs to evaluate this site to determine whether additional public and/or private fire hydrant(s) will be required. If additional fire hydrant(s) are required, they will be installed at the Developer's expense. 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 Department: Fire hydrants (per Code). Maintain access of at least twenty (20) feet. County Planning: No Comments. CATA: The site is not located on a CATA bus route. SUBDIVISION COMMITTEE COMMENT: (DECEMBER 20, 2012) The applicant was present. In response to questions from staff, the applicant stated the seating capacity of the worship area would be about 50 persons (attendance of 12 now), days and hours of activities would be those that are typical for a church, the only additional activity would be a food pantry and signage would consist of wall signs. Staff stated a six foot tall wood privacy fence should be placed along the south property line where the site is adjacent to single family. During the discussion, the applicant requested an 18 month deferral of the requirement to pave and landscape the parking east of the building. The Committee felt that was reasonable in light of the current church membership of 12 persons. Public Works, Utility and Landscape Comments were noted and discussed. The Committee determined there were no outstanding issues and forwarded the item to the full Commission. 3 January 10, 2013 ITEM NO.: 8 (Cont.) FILE NO.: Z-8827 STAFF ANALYSIS: The R-2 zoned, A± acre tract located at 6523 Hinkson Road is occupied by a one-story, 2,200 square foot, non-residential building and paved parking for 5 vehicles. The building was constructed as a neighborhood store prior to the area being annexed into the City. It subsequently held a variety of non-residential uses; most recently a day care. The applicant is requesting approval of a conditional use permit to allow a small church to occupy the building. The church has a current membership of 12 persons. It is anticipated that the worship area could seat up to 50 persons. The church will operate during days and hours that are typical for a small church; Sunday and Wednesday worship, meetings other evenings. No additional activities such as a day care, private school or Mother's Day Out program are proposed. The church will have a food pantry to serve the needy of the community. Signage will consist of wall signs on the building facades facing Oman Road and Hinkson Road. A fenced playground is adjacent to the east side of the building and will be used by the children of the church. The applicant is requesting approval of a variance to allow use of an area of unimproved parking on the east side of the church. Access to that area will be via a gated entry off of the paved parking lot. The variance is to allow use of the unimproved parking for up to 18 months, after which the parking will be paved and landscaped to meet Code requirements. Staff is supportive of the requested conditional use permit, including the 18 month parking deferral. Reuse of this non-residential building for a small church appears to be an appropriate use. Staff believes a 6 foot tall, wood privacy fence should be installed along the south perimeter of the site, where it is adjacent to a residential property. No dumpster is currently proposed. If one is later proposed, staff will work with the applicant to assure it is properly located and screened. The bill of assurance for Arnold's Highland Acres does not address use issues. 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. A 6-foot tall wood privacy fence (finished side facing outward) is to be installed along the south perimeter of the site. 4 January 10, 2013 M NO.: 8 (Cont. FILE NO.: Z-8827 3. Any new site lighting is to be low-level, shielded downward and into the site. Staff recommends approval of the deferral request to allow for use of the unimproved parking area east of the building for a period not to be exceed 18 months after which the parking is to be paved and landscaped to comply with city code requirements. PLANNING COMMISSION ACTION: (JANUARY 10, 2013) The applicant was present. There was one objector present. Staff presented the item and a recommendation of approval as outlined in the "staff recommendation" above. Paul Beavers, the applicant, stated he would reserve his time to respond to any issues raised by the objector. Pam Adcock, of 6205 Hinkson Road, stated she was not opposed to the church but was opposed to the variance to allow use of the unimproved parking. She stated the City did not allow residents to park on unpaved surfaces and questioned why it should be allowed for the church. She suggested Mr. Beavers contact the school located across the street to see if some of the school parking could be used by the church on Sundays. Ms. Adcock stated SWLRUP voted not to support the application as long as it included parking on the unpaved surface. She stated although there was some rock base in the unimproved parking area, there was not enough to prevent rutting when it was wet. She asked that the commission specify that the area was not to be used when it was wet. Mr. Beavers stated the church currently had only twelve (12) members and only four (4) cars were at the site for services. Chairman Rector responded that the application was for up to fifty (50) persons which required parking for twelve (12) ca rs. During the ensuing discussion, it was determined that the church could have to twenty (20) persons and the existing five (5) paved parking spaces would be all that would be required. Staff suggested that the commission could approved the application to allow seating for no more than twenty (2) persons now and up to fifty (50) persons with proper parking, either utilizing the school parking or by constructing properly paved and landscaped parking on the site. Subsequently, Chairman Rector restated the application as amended as (1) up to fifty (50) members (2) limited to twenty (20) members until parking is provided, either on site or by agreement with the school (3) no parking on the unpaved area. 5 January 10, 2013 ITEM NO.: 8 (Cont.) FILE NO.: Z-8827 A motion was made to approve the application, as amended. The motion was approved by a vote of 9 ayes, 0 noes, 1 absent and 1 open position. A SUBDIVISION COMMITTEE COMMENTS DECEMBER 20, 2012 ITEM NO.: 8, 6523 HINKSON ROAD CHURCH CONDITIONAL USE PERMIT 6523 HINKSON ROAD Z 8827 Planning Staff Comments: 1, The Bill of Assurance for Arnold's Highland Acres does not address use issues. 2. Provide total seating capacity in worship area. 3. Provide typical days and hours of activities. 4. Provide signage plan. 5. Are any additional activities requested; such as day care, private school, Mother's day out, food pantry, etc...? 6. A six (6) foot tall wood privacy fence should be placed along the south property line where the site is adjacent to single family residential. 7. Provide a time table for constructing a properly paved and landscaped parking lot. 8. Any site fighting is to be low-level and directional, aimed downward and into the site. Variance/Waivers: • Use of unimproved parking Pub lie Works: 1. Due to the proposed use of the property, the Master Street Plan specifies that Oman Road for the frontage of this property must meet commercial street standards. Dedicate right-of-way to thirty (30) feet from centerline. 2. Due to the proposed use of the property, the Master Street Plan specifies that Hinkson Road for the frontage of this property must meet commercial street standards. Dedicate right-of-way to thirty (30) feet from center] ine. 3. A twenty (20) foot radial dedication of right-of-way is required at the intersection of Oman Road and Hinkson Road. Utilities and Fire De artmentlCoun Piannin Wastewater: Sewer available to this project. Entergy: No comment received. Centerpoint Energy: No comment received. 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. 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 if additional fire protection or metered water service is required. The Little Rock Fire Department needs to evaluate this site to determine whether additional public and/or private fire hydrant(s) will be required. If additional fire hydrant(s) are required, they will be installed at the Developer's expense. ITEM NO.: 8. [CON'T] (Z-8827 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 Department: Fire hydrants (per Code). Maintain access of at least twenty (20) feet. County Planning: No Comments. CATA: The site is not located on a CATA bus route. Planning Division: No Comments. Landscape: Site plan must comply with the City's minimal landscape and buffer ordinance requirements. If the rehabilitation costs of the project exceed fifty percent (50%) of the replacement costs of the building then the landscaping must be brought into compliancy accordingly. Any new parking areas must be landscaped per Chapter 15 of the code of ordinances. Other: Submit responses to staff issues and four (4) copies of a revised site plan (if required) no later than Wednesday December 26, 2012. Required notices are to be sent via certified mail to all owners of properties located within two hundred (200) feet of the site no later than Wednesday December 26, 2012. The City -provided notice form must be used. Proof of notice is to be provided to staff no later than January 4, 2013.