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HomeMy WebLinkAboutZ-9399 Staff AnalysisMarch 28, 2019 ITEM NO.: 6 NAMF- LOCATION: OWNER/APPLICANT: FILE NO.: Z-9399 Assembly of Believers Baptist Church — Conditional Use Permit 6200 Mabelvale Cut Off City of Little Rock/Kevin Howard PROPOSAL: A conditional use permit is requested to allow a church development on the R-2 zoned property located at 6200 Mabelvale Cut Off. 1. SITE LOCATION. - The site is located at the northwest corner of Mabelvale Cut Off and Judy Lane. 2. COMPATIBILITY WITH NEIGHBORHOOD: The property is located in an area of mixed uses and zoning. Single family residences are located to the north and east across Judy Lane. Undeveloped C-2 and C-3 zoned property is located further east. A multifamily development is located across Mabelvale Cut Off to the south. A single family residence, hair salon, convenience store and multifamily development (zoned R-2, PD-O, C-3 and MF-24) are located to the west. The applicant proposes to develop a church facility on this property. The proposed use is compatible with uses in the area. Notice of public hearing was sent to the Santa Monica, Chicot, Allendale and SWLR United for Progress Neighborhood Associations. 3. ON SITE DRIVES AND PARKING: The applicant proposes to construct two (2) 24 foot wide driveways for the proposed development, one (1) from Mabelvale Cut Off and one (1) from Judy Lane. Each driveway will be located near the center of the property. The applicant is providing 39 parking spaces for the proposed development. Section 36-502 (b) (2) d. requires a minimum 37 parking spaces for the proposed development (maximum seating capacity of 150 persons). The applicant is requesting a variance from Section 36-210 (e) of the City's Subdivision Ordinance with respect to driveway spacing, for the proposed driveway from Mabelvale Cut Off. The proposed driveway will be located less than 300 feet back from the intersection and less than 150 feet back from the west side property line. March 28, 2019 ITEM NO.: 6 (Cont.) FILE NO.: Z-9399 4. SCREENING AND BUFFERS: Any new site development must comply with the City's minimal landscape and buffer ordinance requirements. 2. Street buffers will be required at six (6) percent of the average depth of the lot. The minimum dimension shall be one-half (Y2) the full width requirement but in no case less than nine (9) feet. The average depth of the lot is approximately 200 linear feet. A minimum twelve (12) foot street buffer is re uired between the property line and the Mabelvale Cutoff right-of- way. 3. Screening requirements will need to be met for the vehicular use areas adjacent to street right-of-ways. Provide screening shrubs with an average linear spacing of not less at three (3) feet within the required landscape area. Provide trees with an average linear spacing of not less than thirty (30) feet. 4. A perimeter planting strip is required along any side of a vehicular use area that abuts adjoining property. This strip shall be at least nine (9) feet wide. Provide trees with an average linear spacing of not less than thirty (30) feet within the perimeter planting strip. Provide three (3) shrubs or vines for every thirty (30) linear feet of perimeter planting strip. A small portion of the west perimeter planting strip is deficient. 5. 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 maximum width of the required buffer is fifty (50) feet. A minimum of seventy (70) percent of the land use buffer shall be undisturbed. Easements cannot count toward fulfilling this requirement. The properties to the north, and west are zoned R-2. The average width of the lot is approximately 165 linear feet. A ten 10 foot land use buffer is required adjacent west perimeter. A small portion of the buffer is deficient. 6. A as a component of all land use buffer requirements, opaque screening, whether a fence or other device, six (6) feet in height shall be required upon the property line side of the buffer. In addition to the required screening, buffers are to be landscaped at the rate of one (1) tree and three (3) shrubs for every thirty (30) linear feet. K March 28, 2019 ITEM NO.: 6 (Cont.) FILE NO.: Z-9399 7. 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. Interior landscape space is deficient. 8. 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. 9_ An automatic irrigation system to water landscaped areas shall be required for developments of one (1) acre or larger. 10. If any of the landscape code requirements cannot be met a variance from the City Beautiful Commission may be required before a building permit is issued. 11. 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: Mabelvale Cutoff is classified on the Master Street Plan as a minor arterial with a special design standard. A dedication of right-of-way 35 feet from centerline will be required. 2. Due to the proposed use of the property, the Master Street Plan specifies that Judy Lane 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 Mabelvale Cutoff and Judy Lane. 3 March 28, 2019 ITEM NO.: 6 (Cont.) FILE NO.: Z-9399 4. With site development, provide design of street conforming to the Master Street Plan. Construct one-half street improvement to Judy Lane including 5-foot sidewalks with planned development. The new back of curb should be placed 15.5 ft. from center of the street. 5. Repair or replace any curb, gutter, sidewalk and access ramps that are damaged and not in compliance with ADA recommendations in the public right-of-way prior to occupancy. 6. A grading permit in accordance with section 29-186 (c) & (d) will be required prior to any land clearing or grading activities at the site. Other than residential subdivisions, site grading and drainage plans must be submitted and approved prior to the start of construction. 7. Hauling of fill material on or off site over municipal streets and roads requires approval prior to a grading permit being issued. Contact Public Works Traffic Engineering at 621 S. Broadway, (501) 379-1805 (Travis Herbner) for more information. 8. Driveway locations and widths do not meet the traffic access and circulation requirements of Sections 30-43 and 31-210. Driveway spacing on arterial streets is 300 ft. from intersections and other driveways. Driveway spacing on commercial streets is 250 ft. from intersections and other driveways. The width of driveway must not exceed 36 feet. Variances must be requested for the proposed driveway locations. 9. Damage to public and private property due to hauling operations or operation of construction related equipment from a nearby construction site shall be repaired by the responsible party prior to issuance of a certificate of occupancy. 6. UTILITIES/FIRE DEPARTMENT/BUILDING CODES: Little Rock Water Reclamation: No comments received. Entergy: Entergy does not object to this proposal. There do not appear to be any conflicts with existing electrical utilities at this location. A single-phase overhead power line already exists on the west side of Judy Lane on the east side of this property. 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- 2 March 28, 2019 M NO.: 6 (Cont.) FILE NO.: Z-9399 Central Arkansas Water: NO OBJECTIONS; All Central Arkansas Water requirements in effect at the time of request for water service must be met. Fire Department: Full plan review. Maintain Access: Fire Hydrants. Maintain fire apparatus access roads at fire hydrant locations as per Appendix D of the 2012 Arkansas Fire Prevention Code Vol. 1 Section D103.1 Access road width with a hydrant. Where a fire hydrant is located on a fire apparatus access road, the minimum road width shall be 26 feet, exclusive of shoulders. Grade Maintain fire apparatus access roads as per Appendix D of the 2012 Arkansas Fire Prevention Code Vol. 1 Section D103.2 Grade. Fire apparatus access roads shall not exceed 10 percent in grade except as approved by the fire chief. Loading Maintain fire apparatus access road design as per Appendix D of the 2012 Arkansas Fire Prevention Code Vol. 1 Section D102.1 Access and loading. Facilities, buildings or portions of buildings hereafter constructed shall be accessible to fire department apparatus by way of an approved fire apparatus access road with an asphalt, concrete or other approved driving surface capable of supporting the imposed load of fire apparatus weighing at least 75,000 pounds. Commercial and Industrial Developments — 2 means of access. - Maintain fire apparatus access roads as per Appendix D of the 2012 Arkansas Fire Prevention Code Vol. 1 Section D104.1 Buildings exceeding three stories or 30 feet in height. Building or facilities exceeding 30 feet or three stories in height shall have at least two means of fire apparatus access for each structure. Section D104.2 Building exceeding 62,000 square feet in area. Buildings or facilities having a gross building area of more than 62,000 square feet shall be provide with two separate and approved fire apparatus access roads. Exception: Projects having a gross building area of up to 124,000 square feet that have a single approved fire apparatus access road when all 5 March 28, 2019 ITEM NO.: 6 Cont. FILE NO.: Z-9399 building are equipped throughout with approved automatic sprinkler systems. D104.3 Remoteness. Where two fire apparatus access roads are required, they shall be placed a distance apart equal to not less than one half of the length of the maximum overall diagonal dimension of the lot or area to be served, measured in a straight line between accesses. 30' Tall Buildings - Maintain aerial fire apparatus access roads as per Appendix D of the 2012 Arkansas Fire Prevention Code Vol. 1 Section D105.1 — D105.4 D105.1 Where Required. Where the vertical distance between the grade plane and the highest roof surface exceed 30', approved aerial fire apparatus access roads shall be provided. For the purposes of this section the highest roof surfaces shall be determined by measurement to the eave of a pitched roof, the intersection of a roof to the exterior wall, or the top of the parapet walls, whichever is greater. D105.2 Width. Aerial fire apparatus access roads shall have a minimum unobstructed with of 26', exclusive of shoulders, in the immediate vicinity of the building or portion thereof. D105.3 Proximity to building. At least one of the required access routes meeting this condition shall be located within a minimum of 15 feet and a maximum of 30 feet from the building, and shall be positioned parallel to one entire side of the building. The side of the building on which the aerial fire apparatus access road is positioned shall be approved by the fire code official. D105.4 Obstructions. Overhead utility and power lines shall not be located over the aerial fire apparatus access road or between the aerial fire apparatus road and the building. Other obstructions shall be permitted to be places with the approval of the fire code official. Dead Ends. Maintain fire apparatus access roads at dead end locations as per Appendix D of the 2012 Arkansas Fire Prevention Code Vol. 1 Section D103.4 Dead Ends. Dead-end fire apparatus access roads in excess of 150 feet shall be provided with width and turnaround provisions in accordance with Table D103.4. Requirements for Dead-end fire apparatus access roads. A March 28, 2019 ITEM NO.: 6 (Cont. Gates FILE NO.: Z-9399 Maintain fire apparatus access road gates as per Appendix D of the 2012 Arkansas Fire Prevention Code Vol. 1 Section D103.5 Fire apparatus access road gates. Gates securing the fire apparatus access roads shall comply with all of the following criteria: 1. Minimum gate width shall be 20 feet. 2. Gates shall be of swinging or sliding type. 3. Construction of gates shall be of material that allow manual operation by one person. 4. Gate components shall be maintained in an operable condition at all times and replaces or repaired when defective. 5. Electric gates shall be equipped with a means of opening the gate by fire department personnel for emergency access. Emergency opening devices shall be approved by the fire code official. 6. Manual opening gates shall not be locked with a padlock or chain and padlock unless they are capable of being opened by means of forcible entry tools or when a key box containing the keys to the lock is installed at the gate location. 7. Locking device specifications shall be submitted for approval by the fire code official. 8. Electric gate operators, where provided, shall be listed in accordance with U L 325. 9. Gates, intended for automatic operation shall be designed, constructed and installed to comply with requirements of ASTM F 2200. Fire Hydrants Locate Fire Hydrants as per Appendix C of the 2012 Arkansas Fire Prevention Code. Section C101 — C105, in conjunction with Central Arkansas Water (Daniel Tull 501-377-1245) and the Little Rock Fire Marshal's Office (Capt. Tony Rhodes 501-918-3757 or Capt. John Hogue 501-918-3754). Number and Distribution of Fire Hydrants as per Table C105.1. Building Codes: Project is subject to full commercial plan review and approval prior to issuance of a building permit. For information on submittal requirements and the review process, contact a commercial plans examiner: 7 March 28, 2019 ITEM NO.: 6 Cont. FILE NO.: Z-9399 Curtis Richey at 501.371.4724; criche littlerock. ov or Steve Crain at 501-371-4875; scrain littlerock. ov 7. TRANSPORTATION/PLANNING; County Planning: No comments received. Rock Region METRO: No comments received. Plannina Division: No comments. SUBDIVISION COMMITTEE COMMENT: (MARCH 6, 2019) Kevin Howard and Reverend Nathanael Palmer were present, representing the application. Staff presented the application and noted that some additional information was needed. Staff noted that additional information was needed with respect to building height, building design, site lighting, signage and screening. The Public Works requirements were discussed, including required right-of-way dedication and street improvements. Advanced grading of the site was also discussed. It was noted that the driveways needed variances for reduced spacing. This issue was discussed further. The landscape and buffer requirements were also discussed. It was noted that some minor changes needed to be made to the site plan to conform with the landscape and buffer ordinances. After the discussion, the Committee forwarded the application to the full Commission for resolution. STAFF ANALYSIS The applicant is requesting approval of a conditional use permit to allow a new church development on the R-2 zoned property at 6200 Mabelvale Cut Off. The property is located at the northwest corner of Mabelvale Cut Off and Judy Lane. The property is currently undeveloped and partially tree covered. The applicant proposes to construct a new 4,000 square foot church building on the site. The church building will be located within the north half of the property. The church building will be one (1) story in height, not exceeding a height of 35 feet. The building will have a metal and brick exterior, with a pitched roof. The proposed building will exceed the minimum setback requirements from all property lines. A paved parking lot with 39 spaces will be located on the south side of the proposed building. Two (2) access driveways are proposed; one (1) from Mabelvale Cut Off and one (1) from 0 March 28, 2019 ITEM NO.: 6 (Cont. FILE NO.: Z-9399 Judy Lane. Both drives are located near the middle of the property frontage along the streets. A screened dumpster site will be located on the west side of the church building. The site will be landscaped as per City Code. The applicant notes that the church building will have a maximum seating capacity of 150 persons. The applicant also notes the following as typical weekly activities. Typical Week Services Sunday School 9:45 am — 10:45 am (10 - 15 Average Attendance) Sunday Morning Worship 11:00 am — 12:30 pm (35 — 40 Average Attendance) Wednesday Night Bible Study 6:00 pm — 7:30 pm (15 — 20 Average Attendance) Saturday Choir/Usher Rehearsal 1:00 pm — 3:00 pm (12 — 15 Average Attendance) The applicant is requesting two (2) variances with the proposed development. The first variance is from Section 31-201 (e) of the City's Subdivision Ordinance. This section requires that driveways from arterial streets be located at least 300 feet back from an intersection and 150 feet back from a side property line. The proposed drive from Mabelvale Cut Off is located less than 120 feet from the street intersection with Judy Lane and less than 90 feet from the west side property line. The second variance is from the City's Land Alteration Ordinance. The applicant is requesting a variance to allow an advanced grading permit prior to the issuance of a building permit for the church building. The applicant responded to issues raised at Subdivision Committee by providing a revised site plan to staff. The revised plan shows the required right-of-way dedication, landscaping and screening. The revised plan also shows proposed lighting for the parking lot. There may be a few other minor revisions which need to be made, but those can be accomplished prior to a building permit being issued. To staff's knowledge, there are no outstanding issues associated with this application. Staff believes the proposed church development is an appropriate use for this property. The proposed church development represents a good in -fill project for this vacant property. The property is located along Mabelvale Cut Off which is an arterial street. There are several uses in this immediate area with a use density higher than single family residential. Therefore, the proposed church use will be compatible with the E March 28, 2019 ITEM NO.: 6 (Cont. FILE NO.: Z-9399 surrounding uses. Staff believes the proposed church development will have no adverse impact on the neighborhood. STAFF RECOMMENDATION: Staff recommends approval of the requested CUP, including, land alteration variance, 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. All site lighting must be low-level and directed away from adjacent property. 3. The dumpster area must be screened as per ordinance requirements (screen shall exceed the height of the dumpster by at least two (2) feet, not to exceed eight (8) feet total height). 4. Signage for the church facility will be as per Section 36-553 of the code (signs permitted in office zones). Staff recommends approval of the driveway spacing variance, subject to the following conditions: 1. The driveway location along the Mabelvale Cut Off frontage must be moved to the west property line. 2. The maximum driveway width shall be 24 feet. 3. An access easement must be dedicated at the southwest corner of the property, so that the driveway can be shared with the property to the west, if that property redevelops in the future. PLANNING COMMISSION ACTION: (MARCH 28, 2019) The applicants were present. There were no objectors present. Staff presented the item and a recommendation of approval as outlined in the "staff recommendation" above. There was no further discussion. The item was placed on the consent agenda and approved as recommended by staff by a vote of 9 ayes, 0 noes and 2 absent. `D]