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HomeMy WebLinkAboutZ-9291 Staff AnalysisSUBDIVISION COMMITTEE COMMENTS JANUARY 3, 2018 ITEM NO.: 8. WORD OF OUTREACH PRAYER GARDEN CONDITIONAL USE PERMIT 2700 BROWN STREET Z-9291 Planning Staff Comments: 1. The bill of assurance for Brown Street Addition likely does not address uses due to its age. 2. Will any fencing be erected on the property? If so, describe it and locate it on the site plan 3. Will any lighting be placed on the property? If so, describe it and locate it on the site plan. 4. What measures will be taken to provide security for the property? 5. Provide a specific description of how music is to be played at the site? What hours will it play? How is the sound to be limited to the site only? 6. What activities will the proposed gazebo building be used for? Variance/Waivers: • None requested. Public Works: 1. Due to the proposed use of the property, the Master Street Plan specifies that 27th Street for the frontage of this property must meet commercial street standards. Dedicate right-of-way to 30 feet from centerline. Due to the proposed use of the property, the Master Street Plan specifies that Brown Street for the frontage of this property must meet commercial street standards. Dedicate right-of-way to 30 feet from centerline. 3. A 20 feet radial dedication of right-of-way is required at the intersection of 27th St. and Brown Utilities and Fire Department/County Planning Little Rock Reclamation Authority: Sewer main extension required with easements if new sewer service is required for this project. Entergy: Entergy does not object to this proposal. There do not appear to be any conflicts with existing electrical utilities based on the information provided. There is an existing three phase, overhead power line running along the east side of this property along Brown Street. Contact Entergy in advance to discuss electrical service requirements, or adjustments to existing facilities (if any) as this project proceeds. Centerpoint Energy: No comments received. AT&T: No comments received. Central Arkansas Water: No comments received. Contact CAW. Fire Department: No comments. ITEM NO.: 8. CON'T 2-929I Building Codes: All buildings placed on the property must have full plan review. Structure built on current concrete slab must have full plan review and a building permit before construction can begin. For Submittal requirements and the review process, contact a commercial plans examiner: Curtis Richey at 501.371.4724; crichev@a.Iittlerock.org County Planning: No comments. Rock Region METRO: A bus route is located along Roosevelt Road, south of the site. Planning Division: No comments_ Landscgpe: No comment Other: Submit responses to staff issues and four (4) copies of a revised site plan (if required) no later than Wednesday, January 10, 2018. 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 January 10, 2018. The City provided notices form must be used. Proof of notices is to be provided to staff no later than January 19, 2018. March 8, 2018 ITEM NO.: A FILE NO.: Z-9291 NAME: LOCATION: OWNER/APPLICANT: PROPOSAL: SITE LOCATION: Word of Outreach Prayer Garden — Conditional Use Permit 2700 Brown Street Word of Outreach/Carolyn Ann Smith A conditional use permit is requested to allow for development of this vacant, R-3 zoned lot as a prayer garden. The site is located at the southwest corner of Brown Street and West 27tn Street. 2. COMPATIBILITY WITH NEIGHBORHOOD: The property is located on the edge of a small, single-family residential neighborhood. Single family residences are located to the west, north and northeast. The commercially zoned properties along Roosevelt Road, one block to the south, contain a variety of uses; including a convenience store with gas pumps, a Dollar General Store, bail bonds office, the Pulaski County Jail complex and a retirement center. Staff has concerns that the proposed prayer garden will encourage loitering which could negatively impact nearby residents. As such, staff does not believe the use is compatible with the residential neighborhood. Notice of the public hearing was sent to all owners of properties located within 200 feet of the site and the Goodwill Neighborhood Association. 3. ON SITE DRIVES AND PARKING: No on -site parking is proposed. 4. SCREENING AND BUFFE No comments. March 8, 2018 ITEM NO.: A (Cont.) FILE NO.: Z-9291 5. PUBLIC WORKS: 1. Due to the proposed use of the property, the Master Street Plan specifies that 27th Street for the frontage of this property must meet commercial street standards. Dedicate right-of-way to 30 feet from centerline. 2. Due to the proposed use of the property, the Master Street Plan specifies that Brown Street for the frontage of this property must meet commercial street standards. Dedicate right-of-way to 30 feet from centerline. 3. A 20 feet radial dedication of right-of-way is required at the intersection of 27th Street and Brown. 6. UTILITIES AND FIRE DEPARTMENT/BUILDING CODES: Little Rock Reclamation Authority: Sewer main extension required with easements if new sewer service is required for this project. Entergy: Entergy does not object to this proposal. There do not appear to be any conflicts with existing electrical utilities based on the information provided. There is an existing three phase, overhead power line running along the east side of this property along Brown Street. Contact Entergy in advance to discuss electrical service requirements, or adjustments to existing facilities (if any) as this project proceeds. Centerpoint Energy: No comments received. AT&T: No comments received. Central Arkansas Water: No comments received. Contact CAW. Fire Department: No comments. Building Codes: All buildings placed on the property must have full plan review. Structure built on current concrete slab must have full plan review and a building permit before construction can begin. For Submittal requirements and the review process, contact a commercial plans examiner: Curtis Richey at 501.371.4724; crichey(�Djittleroc_k.orr 2 March 8, 2018 ITEM NO.: A (Cont. _ FILE NO.: Z-9291 7. TRANSPORTATION/PLANNING: County Planning: No comments. Rock Region METRO: This location is a block from the 14 — Rosedale route. We have no objections to proposed conditional use. Planning Division: No comments. SUBDIVISION COMMITTEE COMMENT: (JANUARY 3, 2018) The applicant was present. Staff presented the item and noted some additional information was needed. The applicant was asked to locate and describe any proposed fencing and site lighting. Staff asked what measures would be taken to provide security for the site so that it did not become a loitering, nuisance problem. Staff informed the Commission that the applicant proposed to have contemplative music played at the site. The applicant was asked to provide a specific description of how the music is to be played, what hours it would play and what measures would be taken to assure that the sound is limited to the site only. Staff asked what activities would the proposed gazebo building be used for. Public Works Comments were discussed. Staff explained the right-of-way dedication requirement and noted the survey did not indicate the existing right-of- way. Other Agency Comments were noted. The applicant was advised to submit responses to staff issues by January 10, 2018. The Committee forwarded the item to the full Commission. STAFF ANALYSIS: Word of Outreach Ministry is requesting approval of a conditional use permit to allow for development of an open-air prayer garden on the vacant, R-3 zoned lot located at 2700 Brown Street. The house which previously existed on the lot was removed sometime ago, leaving only a small concrete slab. The ministry was allowed to place a small (8 X 8) storage building on the slab to be used for storage of lawn maintenance equipment and the like. The proposed prayer garden will consist of a gazebo structure and several specific areas for reading, praying or meditating. Each of the meditation areas will have a bench where persons can sit. Ground level outdoor speakers will be 9 March 8, 2018 ITEM NO.: A (Cont.) _FILE NO.: Z-9291 placed at each prayer -meditation area and will play easy listening instrumental music which can be heard only upon entering the prayer garden and sitting at one of the benches. Several signs will be placed through at the garden, directing persons to the various prayer stations such as "Love", "Temperance", "Pathway to Joy", "Pathway to Faith" and "Pathway to Peace". Additional signage will be placed at the corners of the property identifying it as the Throne of Grace Prayer Garden. Lighting will be placed throughout the property to illuminate the various signs. Additional lighting is provided by existing street lights. The property will not be fenced. In addition to the storage of lawn maintenance equipment, the small storage building will contain the equipment for the music. The applicant states a camera security system will be established so that activity at the prayer garden can be monitored. The gazebo structure will be utilized by students of Word of Outreach Christian Center, their parents and invited guests for various gatherings, fellowshipping and corporate prayer. While staff is certainly supportive of Word of Outreach's desire to positively impact and improve the lives of persons in their community, there are concerns with the specifics of this prayer garden use. The property is located in an area that has a substantial amount of transient foot traffic. The concern is that this proposed open-air, fully accessible garden could become a draw for loitering which could negatively impact the adjacent residential neighborhood. The site is unfenced and accessible 24 hours a day, illuminated throughout the night and contains benches and the gazebo; all of which could contribute to a potential loitering problem. The proposed camera monitoring of the site is not sufficient to alleviate this concern. AFF RECOMMENDATION: Staff recommends denial. PLANNING COMMISSION ACTION: (JANUARY 25, 2018) The applicants were present. There were several persons present, both in support and in opposition. Letters of opposition had been received from the Love and Goodwill Neighborhood Associations. Staff presented the item and a recommendation of denial. Aaron Agnew, of 3411 Asher Avenue stated he had maintained this vacant lot for years and the proposed prayer garden would be good for the neighborhood. Dowell Evans, of P. O. Box 84 College Station, stated he supported the prayer garden and he thought it would benefit the neighborhood. 0 March 8, 2018 ITEM NO.: A (Cont.) FILE NO.: Z-9291 Sedalia Gouley, President of the Goodwill Neighborhood Association, stated the association was opposed. He noted the close proximity of the Compassion Center and the Pulaski County jail. He stated the prayer garden would attract loitering and transients which was already a problem in the neighborhood. Mr. Gouley stated there was no security planned for the site. Robert Webb stated he was supportive of anything positive for the neighborhood but, right now, the prayer garden was not right for the neighborhood. Robert Smith, of 2600 Brown Street, Pastor of Word of Outreach, spoke in support. He stated they were aware of the problems in the neighborhood. He stated Word of Outreach was praying for the neighborhood on a daily basis and they know prayer works. He stated he did not understand why anyone would not want a prayer garden. He described his ministry and work in the neighborhood and asked the commission not to turn down a prayer garden. The applicant, Carolyn Smith, spoke and referenced a letter and information about the garden that she had provided the commission. She described the work of her ministry in addressing problems in the neighborhood. A lady whom the ministry had served described how the ministry had helped her turn her life around. Mrs. Smith Stated they would install and fence and gate with a lock to secure the property. She stated persons were already loitering in the neighborhood and the activity of the prayer garden would reduce the loitering. She said the site would be monitored by a camera system and lighting can be adjusted to address any concerns. Commissioner Thomas asked what the hours of access would be. She stated she supported the proposal but had some concerns. Director of Planning Jamie Collins suggested deferring the item to allow the applicant an opportunity to submit her proposed amendments and to allow for staff review of those amendments. Commissioner May suggested the applicant consider a deferral to work with staff. Mrs. Smith agreed and stated she wished to defer the item. A motion was made to defer the item to the March 8, 2018 meeting. The motion was seconded and approved by a vote of 10 ayes, 0 noes and 1 absent. STAFF UPDATE: In response to concerns raised at the January 25, 2018 Commission meeting, the applicant has submitted the following amendments to her application. 9 March 8, 2018 ITEM NO.: A (Cont. FILE NO.: Z-9291 Fencing and an entrance gate with a lock will be placed around the prayer garden. 2. The normal hours of operation for the prayer garden will be 8:00 a.m. — 8:00 p.m. daily. 3. There will be no additional lighting placed in the prayer garden. There is an existing night light from Entergy which comes on in the night and goes off in the morning. 4. The sound system will only function during the hours the prayer garden is open. 5. No benches, chairs, etc.... will be placed in the garden until a fence (with gate and lock) has been erected around the garden. 6. The prayer garden will not be available for general public use until a fence with a lock has been installed. Until such time, the applicant will keep the grounds of the prayer garden neat and clean and will begin planting trees, shrubs, plants, herbs and flowers. 7. If any Word of Outreach students, parents or staff desire to visit the prayer garden (prior to installation of the fence and other improvements) they will have to bring their own chairs, if they plan to sit. When they leave, they will take their chairs with them. Staff believes the applicant has addressed the concerns that were previously raised concerning access to the site. No improvements will be placed in or constructed in the prayer garden (other than landscaping) prior to installation of the fence and gate, with lock. STAFF RECOMMENDATION (REVISED): Staff recommends approval of the CUP, as amended, subject to the following conditions: 1. Compliance with the comments and conditions outlined in Sections 4, 5 and 6 of the agenda Staff Report. 2. There are to be no improvements placed in or constructed in the prayer garden, other than landscaping, prior to the erection of a perimeter fence with gate and lock. [01 March 8, 2018 ITEM NO.: A (Cont.) FILE NO.: Z-9291 PLANNING COMMISSION ACTION: (MARCH 8, 2018) The applicant was present. There was one (1) objector present. Staff presented the item and informed the commission that the applicant had submitted amendments to the application as outlined in the "staff update" above. Staff read the amendments and clarified a couple of them. It was noted that the fence described in amendment No. 1 would be a six (6) foot tall privacy fence on the west perimeter and along a portion of the north and south perimeters and a five (5) foot tall chain link or decorative wrought iron type fence between two (2) foot square brick columns along the east perimeter and the remainder of the north and south perimeters. The gate is to be on the east perimeter. A graphic had been submitted by the applicant depicting the proposed fence. Staff also clarified that amendment No. 4 also included the condition that no sound produced by the sound system is to be heard outside of the confines of the prayer garden. Staff recommended approval of the application as amended 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. There are to be no improvements placed in or constructed in the prayer garden, other than landscaping, prior to erection of the perimeter fence with gate and lock. Dr. Carolyn Smith, the applicant, reserved her time to respond to any issues which might be raised by the objector. Donald Mitchell, of 2614 Brown Street, stated he was opposed to the prayer garden. He said Word of Outreach had church facilities three (3) blocks away that could be used to congregate and pray. Dr. Smith stated the prayer garden was an extension of the church's ministry. She stated the church wanted to reach outside of the building, into the community. She described the work of the church in the neighborhood. Dr. Smith commented that other parks in the city were not fenced and gated. In response to questions from Commissioners Hamilton and Finney, Dr. Smith stated the prayer garden was open to the public and there would be no cameras. Referring to construction of the fence, Mr. Mitchell stated it takes the church a long time to do anything. Chairman Berry responded that the prayer garden could not be used until the fence was constructed, no matter how long it took. rl March 8, 2018 ITEM NO.: A (Cont. 1911: 801 Eel WARY40i Commissioner Laha commented that it thought the prayer garden should close prior to 8:00 p. m., as proposed. Several other commissioners commented that they had no problem with the hours proposed by Dr. Smith. There being no further discussion, a motion was made to approve the application, as amended and including all staff comments and conditions. The motion was seconded and approved by a vote of 8 ayes, 1 no and 2 absent.