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HomeMy WebLinkAboutZ-9153 Staff AnalysisAugust 25, 2016 ITEM NO.: 8 NAME LOCATION: OWNER/APPLICANT FILE NO.: Z-9153 Hindu Temple of Central Arkansas — Conditional Use Permit 19430 Lawson Road Norma Owens/Hindu Temple of Central Arkansas PROPOSAL: A conditional use permit is requested to allow for the construction of a place of worship on this R-2 zoned, 6.3± acre tract. 2 SITE LOCATION: The property is located outside of the city limits, within the City's zoning jurisdiction. The site is located about 600 feet north of Lawson Road, Midway between Marsh Road and Beauchamp Road. COMPATIBILITY WITH NEIGHBORHOOD: The property is located in a rural area characterized primarily by single family homes on larger lots or acreage. There are several non-residential uses and zoned areas in the vicinity. The properties immediately adjacent to the site on all sides are zoned and occupied by a variety of single family residences. The PD-C zoning to the southeast was established to recognize a landscape company and car repair business that were in existence at the time of zoning being extended to this area. A vacant, former convenience store occupies the C-3 zoned property to the south. Lawson Road forms the zoning jurisdiction boundary to the south and properties south of the road are not zoned. If the proposed house of worship were to be located on the main road and not at the end of a 600 ft. long private driveway through five residential properties, staff would find the use to be more compatible with the neighborhood. Notice of hearing was sent to all owners of properties located within 200 feet of the site and the Citizens of West Pulaski County Neighborhood Association. 3. ON SITE DRIVES AND PARKING: Access to the site is via a 30 ft. wide "Road and Utility Easement" that extends off of Lawson Road. The road easement passes through the parking lot of a closed commercial store and across the front of 4 residential lots before entering this site. There are virtually no improvements within the road easement. What begins as a narrow, asphalt strip, transitions to August 25, 2016 ITEM NO.: 8 [Cont. FILE NO.: Z-9153 various degrees of gravel and packed dirt before entering the site. The temple will construct an asphalt -paved, 57 space parking lot and driveway on its property. Seating capacity within the worship area is 200 persons, requiring 50 parking spaces at a ratio of 1 space/4 seats. 4. SCREENING AND BUFFERS. - Site plan must comply with the City's minimal landscape and buffer ordinance requirements. 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 adjacent properties are zoned R-2, and R-7A. 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. The plantings, existing and purposed, shall be provided within the landscape ordinance of the city, section 15-102. 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 or vines shall be planted for every thirty (30) linear feet of perimeter planting strip. The shared dive at the south of the property must be placed on the property line or the above perimeter requirements will need to be met. 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. Building landscape areas shall be provided between the vehicular use area used for public parking and the general vicinity of the building. These 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. 2 August 25, 2016 ITEM NO.: 8 (Cont.) FILE NO.: Z-9153 An automatic irrigation system to water landscaped areas 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: 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 local property owner association. 2. A utility/access easement should be provided from Lawson Road to the subject property with at least 20 ft. of paved or all weather surface. 6. UTILITY. FIRE DEPT. AND CATA COMMENTS: Little Rock Wastewater: Outside service boundary — no comment. Entergy: Entergy does not object to this proposal. A single phase power line exists on the SE side of this property and another one on the west side of this property in the vicinity of this proposed construction. There do not appear to be any existing conflicts with Entergy facilities on this property. Contact Entergy in advance to discuss future service requirements, new facilities locations and adjustments to existing facilities (if any) as this project proceeds. Centerpoint Energy: No comments received. AT&T: No comments received. Central Arkansas Water: All Central Arkansas Water requirements in effect at the time of request for water service must be met. A water main extension will be needed to provide water service to this property. 3 August 25, 2016 ITEM NO.. 8 (Co-nt.} FILE NO.: Z-9153 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. Please submit plans for water facilities and/or fire protection system to Central Arkansas Water for review. Plan revisions may be required after additional review. Contact Central Arkansas Water regarding procedures for installation of water facilities and/or fire service. Approval of plans by the Arkansas Department of Health Engineering Division and Little Rock Fire Department is required. Contact Central Arkansas Water regarding the size and location of the water meter. The facilities on -site will be private. When meters are planned off private lines, private facilities shall be installed to Central Arkansas Water's material and construction specifications and installation will be inspected by an engineer, licensed to practice in the State of Arkansas. Execution of Customer Owned Line Agreement is required. 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 sprinkler systems which do not contain additives such as antifreeze shall be isolated with a double detector check valve assembly. If additives are used, a reduced pressure zone backflow preventer shall be required. Fire Department: LRFD — No comments. West Pulaski VFD — provide access and locate Fire Hydrants as required. Coordinate with West Pulaski VFD. Building Code: No comments — outside City Limits County Planning: Applicant to provide approval of their wastewater system from the Health Department before a 911 Address will be issued. El August 25, 2016 ITEM NO.: 8 Rock Region METRO: FILE NO.: Z-9153 a) Location is not currently served by METRO. We have no objections to this development. SUBDIVISION COMMITTEE COMMENT: (AUGUST 3, 2016) The applicants were present. Staff presented the item and noted additional information was needed regarding the building and the site development. The specific issues and questions raised by Planning Staff are as follow: 1. The property is an acreage tract and there is no bill of assurance. 2. Provide more information on the proposed temple building itself (building height and exterior materials -building elevations). 3. What is the capacity of the main worship area? 4. Provide a signage plan (type, size and location). 5. What are the typical days and hours of activities? What is the anticipated attendance at these times? 6. All site lighting must be low-level and directional, aimed downward and into the site. 7. Locate the dumpster and required screening (if one is proposed). 8. What is the existing house to be used for? 9. Provide a phasing plan for improvements. 10. Specify the material to be used for the new parking and drives (asphalt - concrete). 11. Are there any outdoor use areas? If so, indicate them on the plan and specify the use. 12. Septic system approval from the Department of Health is to be presented to staff prior to commencing construction. 13. Final plans must be submitted to staff for review and approval prior to construction. 14. Locate and describe all existing and proposed fencing. Public Works, Landscaping and Other Agency Comments were presented. Staff described the existing access to the site from Lawson Road as inadequate. The applicants were asked to provide information regarding access to the site for the proposed use. 5 August 25, 2016 ITEM NO.: 8 (Cont.) FILE NO.: Z-9153 The applicants were advised to submit responses to staff issues by August 10. The Committee then forwarded the item to the full Commission. STAFF ANALYSIS: The R-2 zoned, 6.3± acre tract located at 19430 Lawson Road is currently occupied by a one-story, log, single family residence and a couple of out buildings. The property is located outside of the city limits, near the western edge of the City's zoning jurisdiction. The property is located approximately 600 feet north of Lawson Road. Access to the site is via a "30 ft. road and utility easement" which passes through the parking lot of a closed commercial business and across the front of 4 single family residential properties. Hindu Temple of Central Arkansas is requesting approval of a conditional use permit to allow for construction of a place of worship. The applicants propose to construct a temple building, a detached toilet building and asphalt parking and drives for 57 vehicles. The existing residential structure will be used as housing for the priest who will also be the caretaker of the property. The temple building will be one-story in height (23' 6") with an area of 2,963 square feet. The detached toilet building will also be one-story in height with an area of 589 square feet. A garbmagluma, similar in concept to a church steeple, will be constructed on top of the building in a future phase. This ornamental element will have a total height of 42 feet (approximately 19 feet above the building). The temple will have a seating capacity of 200 persons. The building will be constructed with an exterior finish up of split faced block, brick and cementitious siding. The buildings will be placed near the center of the tract and will have approximate setbacks of north, 100+ ft., south 200+ ft., west 150+ ft. and east 400+ ft. The site is fairly heavily wooded and undisturbed wooded areas will be retained along the north, west and east perimeters. A 6 foot tall, privacy fence will be placed on the site's perimeters. Signage is proposed to consist of a small ground -mounted sign at the Lawson Road end of the 30 ft. road easement. All site lighting will be low-level and directional, aimed downward and into the site. The dumpster location and screening have been indicated at the rear of the parking lot. Due to the proximity of adjacent single family, any servicing of the dumpster must be limited to daylight hours, Monday through Friday, 7:00 a.m. — 6:00 p.m. No outdoor use areas are proposed. R August 25, 2016 ITEM NO.: 8 (Cont.) FILE NO.: Z-9153 The applicant has acknowledged that septic system approval from the Department of Health must be provided to staff prior to commencement of construction and final plans must be submitted to staff for review and approval prior to construction (since the site is outside of the city limits and typical building permit review will not occur). The temple will be open from 8:00 a.m. — 12:00 noon and 5:00 p.m. — 8:00 p.m. on weekdays and from 8:00 a.m. — 8:00 p.m. on weekends. Attendance during the week is anticipated to be generally low; consisting of 10 to 20 people and 4 to 5 vehicles. During weekends, there may be 50 -75 people and 20 to 30 vehicles. During the festival holidays, there can be up to 100 people and about 35 to 40 vehicles. While the applicants have generally done a good job of addressing staff issues and the site plan for the 6+ acre tract appears to comply with ordinance criteria for site development, staff is unable to support this specific proposal for a place of worship on this specific site. As has been previously noted, access to the site from Lawson Road is only provided via a very substandard, 30 ft. wide "road and utility easement" across the front of 4 single family residential properties. The road easement contains a small amount of asphalt and varying degrees of gravel and hard -paced dirt extending to the subject property. These applicants likely do not have the ability to make any improvement in that easement to provide the typically required proper access to their site since the easement is located on the approaching single family lots. Putting any use on this 6+ acre tract that will generate traffic levels proposed by the applicant will, in staff's opinion, negatively impact the single family residents whose homes are located on the road easement. Staff believes the proposed use would be more appropriate if it were actually located on the public street rather than at the end of this substandard road easement. The Planning Commission is to use its discretion when determining the appropriateness of the conditional use permit development standards and review guidelines for each specific conditional use location. Included is those standards and guidelines are the following: 1. The proposed use is so designed, located and proposed to be operated that the public health, safety and welfare will be protected. 2. The proposed use is compatible with and will not adversely affect other properties in the area where it is proposed to be located. 7 August 25, 2016 ITEM NO.: 8 {Contj FILE NO.: Z-9153 Based on concerns regarding access and potential negative impact on other properties, staff cannot support the proposed C.U.P. There is no bill of assurance for this acreage tract. STAFF RECOMMENDATION: Staff recommends denial of the application. PLANNING COMMISSION ACTION: (AUGUST 25, 2016) The applicants were present. There were several objectors present. Two e-mails of opposition had been received by staff and delivered to the commissioners. Staff presented the item and a recommendation of denial. Sabitha Rajan addressed the commission and made a power point presentation in which she shared some information about Hinduism and the proposed temple. She stated meditation was an important component of their belief and they had a desire to locate away from major roads. She stated they would improve the 30 foot access. Bunny Brown, of Jackson Brown Architects, said road improvements and utilities would be placed in the 30 foot easement. He stated the project would comply with the city's site development standards. Mr. Brown stated the Hindu worship pattern would spread traffic throughout the day and not all at one worship time. The architects also presented the proposed building's plans and elevations. Jeanette Mann, of 19440 Lawson Road, spoke in opposition. She stated she had lived in her home for 60 years and the private driveway was for what was at one time all family. She stated her husband built the homes and they gave an access easement so one home could be built on the 6 acre tract. Ms. Mann said there were four families fronting on the easement and all were opposed to any CUP or rezoning due to traffic and the impact on the residents. A petition of opposition signed by 45 +/- persons was presented. Felix Prieur, of 19428 Lawson Road, stated he was also opposed due to traffic and noise. He said he lived on a quiet country lane. Patricia Tibbett, of 19424 Lawson road, stated she was opposed due to traffic concerns. Patsy Sorrells, of 5101 Beauchamp Road, said the property is question was right at the back of her house and she was opposed. E August 25, 2016 ITEM NO.: 8 (Cont.) FILE NO.: Z-9153 Dustin Smith, of 5112 Beauchamp Road, stated he was a long-time neighborhood resident. He said this was a quiet neighborhood and the proposed temple needed to be out on the main road. He expressed his concerns about traffic and noise. Johnny Mann, of Forrest City, said the access easement was not created for this type of use. He described the narrow and said the temple should not be located here, behind the homes. Gen Alexander, of 19440 Lawson Road, said her family had been on this lane for 60 years. She asked the commission to vote against the proposal. William Tibbett, of 19424 Lawson Road, stated he wanted it on record that he was against the proposal. Lester Roberts and Mollie Roberts, of 14322 El Road, stated they were against the proposal. Sabitha Rajan responded that Jeanette Mann's property, which included the commercial building and a residence, was for sale. She stated the property would likely be redeveloped as something else. Ms. Rajan said they would build a double -wide driveway and would meet with the neighbors to address their concerns. She asked the commission to support their proposal. Bunny Brown said the temple would maintain and improve the utilities and access. He said the temple would be a quiet use and a heavily wooded perimeter would be maintained. Ms. Rajan stated on big attendance day there would be 25-30 cars max. Dustin Smith said there were other non-residential sites available in the area, none where you have to drive through residential properties. Bunny Brown noted the proposed large building setbacks and the heavily wooded perimeters. Commissioner Bubbus commented that the "road" was really just a driveway providing access to the residential lot. He expressed his concerns about traffic through the residential properties. He said the commission had to evaluate the "fit" of the use and he felt the driveway was not appropriate. He said he thought the easement was for a residential drive and the site was surrounded by residential properties who are going to treat the drive as a residential drive. Commissioner may commented that this was a driveway issue and this site was not set up for this use. He said it was the wrong fit for this property. Commissioner Finney said she had no problem with the temple but it was the wrong use for this site. X, August 25, 2016 ITEM NO.: 8 Cont. FILE NO.: Z-9153 Commissioner Berry stated he appreciated the applicants but he could not support the application. He stated there was a compelling public interest in that there was a lack of proper acceHe liant as the trd the commission was not affic � concerns were n❑ different than anysubstantial burden on the app any other non-residential use. A motion was made to approve the application, including all staff comments and conditions except the recommendation of denial. The vote was 0 ayes, 9 noes and 2 absent. The application was denied. 10 SUBDIVISION COMMITTEE COMMENTS AUGUST 3, 2016 ITEM NO.:8. HINDU TEMPLE OF CENTRAL ARKANSAS CONDITIONAL USE PERMIT 19430 LAWSON ROAD (Z-9153 Planning Staff Comments: 1. The property is an acreage tract and there is no bill of assurance. 2. Provide more information on the proposed temple building itself (building height and exterior materials -building elevations). 3. What is the capacity of the main worship area? 4. Provide a signage plan (type, size and location) 5. What are the typical days and hours of activities? What is the anticipated attendance at these times? 6. All site lighting must be low-level and directional, aimed downward and into the site. 7. Locate the dumpster and required screening (if one is proposed). 8. What is the existing house to be use for? 9. Provide a phasing plan for improvements. 10. Specify the material to be used for the new parking and drives (asphalt -concrete). 11. Are there any outdoor use areas? If so, indicate them on the plan and specify the use. 12. Septic system approval from the Department of Health is to be presented to staff prior to commencing construction. 13. Final plans must be submitted to staff for review and approval prior to construction. 14. Locate and describe all existing and proposed fencing. Variance/Waivers: • Continued use of existing gravel driveway? Public Works: 1. 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 local property owner association. 2. A utility/access easement should be provided from Lawson Rd to the subject property with at least 20 ft of paved or all weather surface. Utilities and Fire Department/County Planning_ Little Rock Wastewater: Outside service boundary — no comment. Entergy: Entergy does not object to this proposal. A single phase power line exists on the SE side of this property and another one on the west side of this property in the vicinity of this proposed construction. There do not appear to be any existing conflicts with Entergy facilities on this property. Contact Entergy in advance to discuss future service requirements, new facilities locations and adjustments to existing facilities (if any) as this project proceeds. ITEM NO.: 8. CON'T Z-9153 Centerpoint Energy: No comments received. AT&T: No comments received. Central Arkansas Water: All Central Arkansas Water requirements in effect at the time of request for water service must be met. A water main extension will be needed to provide water service to this property. 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. Please submit plans for water facilities and/or fire protection system to Central Arkansas Water for review. Plan revisions may be required after additional review. Contact Central Arkansas Water regarding procedures for installation of water facilities and/or fire service. Approval of plans by the Arkansas Department of Health Engineering Division and Little Rock Fire Department is required. Contact Central Arkansas Water regarding the size and location of the water meter. The facilities on -site will be private. When meters are planned off private lines, private facilities shall be installed to Central Arkansas Water's material and construction specifications and installation will be inspected by an engineer, licensed to practice in the State of Arkansas. Execution of Customer Owned Line Agreement is required. 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 sprinkler systems which do not contain additives such as antifreeze shall be isolated with a double detector check valve assembly. If additives are used, a reduced pressure zone backflow preventer shall be required. Fire Department: LRFD — No comments. West Pulaski VFD — provide access and locate Fire Hydrants as required. Coordinate with West Pulaski VFD. Building Code: No comments — outside City Limits County Planning: Applicant to provide approval of their wastewater system from the Health Department before a 911 Address will be issued. Rock Region METRO: a) Location is not currently served by METRO. We have no objections to this development. ITEM NO.: 8. CON'T Z-9153 Planning Division: No comments. Landscape: Site plan must comply with the City's minimal landscape and buffer ordinance requirements. 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 adjacent properties are zoned R-2, and R-7A. 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. The plantings, existing and purposed, shall be provided within the landscape ordinance of the city, section 15-102. 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 or vines shall be planted for every thirty (30) linear feet of perimeter planting strip. The shared dive at the south of the property must be placed on the property line or the above perimeter requirements will need to be met. 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. Building landscape areas shall be provided between the vehicular use area used for public parking and the general vicinity of the building. These 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. An automatic irrigation system to water landscaped areas 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. Other: Submit responses to staff issues and four (4) copies of a revised site plan (if required) no later than Wednesday, August 10, 2016. 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 August 10, 2016. The City - provided notice form must be used. Proof of notices is to be provided to staff no later than August 19.