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.
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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.
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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-
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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
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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.
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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:
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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
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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
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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.
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