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HomeMy WebLinkAboutS-1460 Staff AnalysisFILE NO.: Z-2502-A NAME: Islamic Center Short -form PD-R LOCATION: on the Southeast corner of West 40th Street and Potter Street DEVELOPER: Islamic Center for Human Excellence 1717 Wright Avenue Little Rock, AR 72203 FNC;INFFR- ETC Engineers 1510 South Broadway Little Rock, AR 72202 AREA: 5.9 acres CURRENT ZONING ALLOWED USES: PROPOSED ZONING: PROPOSED USE: NUMBER OF LOTS: 23 MF-12 — Multi -family District Multi -family at 12 units per acre In-9 FT. NEW STREET: 0 Single-family Residential, Education Building and Mosque VARIANCESIWAIVERS REQUESTED: Plat Variances — The applicant failed to furnish staff with the requested information from the June 24, 2004 Subdivision Committee meeting. Staff recommends this item be deferred to the August 26, 2004, Public Hearing. PLANNING COMMISSION ACTION: (J U LY 15, 2004) The applicant was present. There were no registered objectors present. Staff stated the applicant had failed to furnish them with the requested information from the June 24, 2004, Subdivision Committee meeting. Staff presented a recommendation the item be deferred to the August 26, 2004, Public Hearing. FILE NO.: Z-2502-A There was no further discussion of the item. The chair placed the item for inclusion on the consent agenda for approval of the deferral request. The motion carried by a vote of 10 ayes, 0 noes and 1 absent. BACKGROUND: The Little Rock Board of Directors rezoned this site from B-Residential to MF-12 on October 5, 1971 by the adoption of Ordinance No. 12,547. A. PROPOSAUREQUEST: The applicant has indicated the development will be constructed with 22 single- family homes, a mosque and an education building. The site plan indicates a 25- foot building setback will be provided on the front of all the proposed lots and a 20-foot rear yard setback is being proposed. The applicant has indicated a ten foot side yard setback will be maintained. The average lot size proposed is 6313 with the minimum lot size proposed as 6024. The applicant has indicated the maximum number of students for the education building will be 50 students. The applicant has indicated five teaches and three support personnel will be on site. The hours proposed are from 8:00 am to 5:00 pm five days per week. The applicant has indicated the worship center will have a maximum seating capacity of 100 persons. The applicant has indicated daily activities will take place on the site from 5:00 am to 9:00 pm seven days per week. The applicant has indicated the worship building will be a maximum of 36 feet in height and the mineret (steeple) height is proposed as forty feet. The education building is proposed as a single story building and the residential homes are proposed as a maximum of two story structures. The proposed subdivision has been indicated to be developed in five phases. The first phase will consist of the development of the single-family homes along West 40th Street. The second and third phase will include the construction of 7 and 8 and 9 and 10. The fourth phase will include the construction of the school and mosque. The final phase will be the development of the lots along the proposed cul-de-sac street. EXISTING CONDITIONS: The site is vacant and Rrass covered with a scattering of trees. The sidewalk is in place along West 40t Street and is scheduled to be widened by the City as a result of the current Bond Project. Street improvements are not in place along Potter Street. Other uses in the area include a manufacturing facility in the old Borden Plant and non-residential uses are scattered along Colonel Glenn Road. NO.: Z-2502-A (Cont. The area to the west and north of the site are predominately residential uses. To the east of the site is a vacant tract currently zoned MF-12. C. NEIGHBORHOOD COMMENTS: As of this writing, Staff has received several phone calls from an area resident requesting additional information. The John Barrow Neighborhood Association, the Westwood Neighborhood Association, all property owners within 200 feet of the site and all residents, who could be identified, within 300 feet of the site were notified of the Public Hearing. D. ENGINEERING COMMENTS: Public Works: 1. Prior to final platting, provide design of street conforming to the Master Street Plan. Construct one-half street improvement to the streets including 5-foot sidewalks with the planned development. 2. For existing improvements, repair or replace any curb and gutter or sidewalk that is damaged in the public right-of-way prior to occupancy. 3. A grading permit in accordance with Section 29-186 (c) and (d) will be required prior to any grading or excavation activities at the site. Site grading, and drainage plans will need to be submitted and approved prior to the start of construction. 4. Storm water detention ordinance applies to this site. Show the proposed location for storm water detention facilities on the plan. 5. Increase the driveway width to 26-feet minimum (back of curb to back of curb) to provide adequate width for two-way traffic. 6. Prepare a letter of pending development addressing streetlights as required by Section 31-403 of the Little Rock code. Contact Traffic Engineering at (501) 379-1813 (Steve Philpott) for addition information regarding street light requirements. 7. Plans of all work in the right-of-way shall be submitted for approval prior to start of work. Obtain barricade permit prior to doing any work in the right-of- way from Traffic Engineering at (501) 379-1817 (Derrick Bergfield). E. UTILITIES AND FIRE ❑EPARTMENTICOUNTY PLANNING: Wastewater: Sewer main extension required with easements if service is required for the project. Contact Little Rock Wastewater Utility at 688-1414 for additional information. Entergy: No comment received. Center -Point Energy: No comment received. SBC: No comment received. K FILE NO.: Z-2502-A (Cont. F Central Arkansas Water: All Central Arkansas Water requirements in effect at the time of request for water service must be met. On site fire protection will be required. A Capital Investment Charge based on the size of connection(s) will apply to this project in addition to normal charges for all connection off Potter Street. This fee will apply to all connections including metered connections off the private fire system. Existing waterline easement recorded as Inst. No. 86-66357 should be reflected on the plat. It appears that this will affect the buildable area on Lots 1, 11 and 23. Contact Central Arkansas Water at 992-2434 for additional information. Fire Department: Increase the 18-foot drive to 20-feet. Maintain a 20-foot drive around the educational building. Place fire hydrants per code. Contact the Little Rock Fire Department at 918-3700 for additional information. . County Planning: No comment received. CATA: No comment received. ISSUES/TECHNICAL/DESIGN: Planning Division: This request is located in the Boyle Park Planning District. The Land Use Plan shows Single Family for this property. The applicant has applied for a PDR for a mosque and a single-family residential development. The request does not require a change to the Land Use Plan because it is not necessary to recognize every religious institution on the Land Use Plan. Master Street Plan: Potter and 40t" Streets are shown as local streets on the Master Street Plan. Those streets previously named may require dedication of right-of-way and half -street improvements. City Recognized Neighborhood Action Plan: The applicant's property lies in the area covered by the John Barrow Neighborhood Action Plan. The Housing & Neighborhood Revitalization Goal states: 1) "The design should be compatible with existing houses in the area and complement the overall appearance of the neighborhood, and 2) Affordable housing through new development and new subdivision development. The Public Improvement and Circulation Goal list an objective of "To provide (no parking signs) on one side of Potter Street." Landscape: A minimum of eight percent of the interior of the vehicular use areas must be landscaped with interior landscape islands of at least 150 square feet in area and 7 Y2 feet in width. The plan submitted does not satisfy this requirement. Landscaped areas associated with the proposed parking areas will be required to be irrigated. 4 FILE NO.: Z-2502-A Cont.) G. SUBDIVISION COMMITTEE COMMENT: (June 24, 2004) A representative of the applicant was present representing the proposed development. Staff stated the request included the development of a single- family neighborhood as well as a worship center and education facility. Staff requested the applicant provide additional information concerning the proposed preliminary plat request. Staff also requested the applicant provide details concerning the seating capacity of the worship center, the total enrollment of the education facility, details concerning proposed fencing and maximum building height. Public Works comments were addressed. Staff stated the proposed street extending from Potter Street would be required to be 26-feet of pavement for two-way traffic. Staff also stated storm water detention would be required on the site. Landscaping comments were addressed. Staff stated the parking area would require landscaping at eight percent of the total on -site paved area. Staff also stated irrigation would be required to water landscaped area. There was no further discussion of the item. The Committee then forwarded the item to the full Commission for final action. H. ANALYSIS: The applicant submitted a revised site plan to staff addressing most of the issues raised at the June 24, 2004 Subdivision Committee meeting. The applicant has provided the proposed details of the worship center, the total enrollment of the education facility and the details concerning proposed fencing. The applicant has also increased the driveway width to 26-feet of pavement for the proposed drive to the worship center. The applicant has indicated the development will be constructed with 22 single- family homes, a mosque and an education building. The site plan indicates a 25- foot building setback will be provided on the front of all the proposed lots and a 20-foot rear yard setback is being proposed. The applicant has indicated a ten foot side yard setback will be maintained. The average lot size proposed is 6313 with the minimum lot size proposed as 6024. Staff is supportive of the applicant's request. Lots in the John Barrow Addition, which have been plated in this area average fifty feet by one hundred thirty eight feet or 6900 square feet. The applicant has indicated front lot widths of sixty feet and a lot depth of 100 feet on the average. Although, the proposed lots do not meet the current city requirement for R-2, zoned property (7,000 square feet) staff feels the lots are adequate to allow the construction of new 61 FILE NO.: Z-2502-A (Cont. homes. In addition, with the reduced rear yard setback will allow for additional buildable area on the site. The applicant has indicated the maximum number of students for the education building will be 50 students. The applicant has indicated five teaches and three support personnel will be on site. The hours proposed are from 8:00 am to 5:00 pm five days per week. Staff is supportive of the applicant's request. The indicated students and staff appear to be consistent with other private schools located within the City and should have minimal impact on the adjoining properties. The applicant has indicated the worship center will have a maximum seating capacity of 100 persons. The applicant has indicated daily activities will take place on the site from 5:00 am to 9:00 pm seven days per week. Staff is supportive of the applicant's request. The worship center appears to be seminar to other neighborhood churches located throughout the city and should have minimal impact on the adjoining properties. The applicant has indicated the worship building will be a maximum of 36 feet in height and the mineret (steeple) height is proposed as forty feet. The education building is proposed as a single story building and the residential homes are proposed as a maximum of two story structures. Staff is supportive of the applicant's indicated building heights for each of the indicated activities. The applicant has indicated interior landscaping within the proposed parking area. The applicant has not indicated screening to the property to the east of the Mosque. Staff recommends a screening fence be placed along the eastern property line of proposed Lot 23 to allow for the required screening. The. proposed subdivision is scheduled to be developed in five phases. The first phase will consist of the development of the single-family homes along West 40tn Street. The second and third phase will include the construction of 7 and 8, 9 and 10. The fourth phase will include the construction of the school and mosque. The final phase will be the development of the lots along the proposed cul-de-sac street. Staff is supportive of the applicant's indicated phasing plan. Staff is supportive of the applicant's request. The applicant has indicated the development of a single-family subdivision with a school and worship center anchoring the subdivision. Staff feels the placement of the indicated activities on the site should have minimal impact on the adjoining properties. In various locations through out the city neighborhood schools and churches coexist with single-family homes with little to no impact. STAFF RECOMMENDATION: Staff recommends approval of the request subject to compliance with the conditions outlined in paragraphs D, E and F of the above report. FILE NO.: Z-2502-A Cont. Staff recommends a screening fence be placed along the eastern property line of proposed Lot 23 to allow for the required screening. PLANNING COMMISSION ACTION: (AUGUST 26, 2004) The applicant was present. There were registered objectors present. Staff presented the item with a recommendation of approval of the request. The applicant stated he had worked with the various neighborhood associations in developing plans for the site. He stated he felt the development was quality in fill for the neighborhood. He stated the Islamic Center had been working with the neighborhood since 1998 and the intent was always to construct a mosque, education facility and single-family homes. He stated a Bill of Assurance would be developed for the single-family homes and all Muslim's would be required to sign the Bill of Assurance to indicate their devotion to following the guidelines of the Koran. The applicant stated non-Muslim's would not be required to participate in that particular aspect of the Bill of Assurance. Questions were raised as to the ownership of the property and if the development was to be a gated community. The applicant stated the Islamic Center for Human Excellence owned the property. He stated the development was not to be a gated community. The applicant stated any one regardless of race, creed or religion would be able to purchase a lot within the proposed subdivision. Questions were also raised concerning the "call to prayer". The applicant stated the volume level of the "call to prayer" was only intended to reach those standing immediately outside the building. Mr. Tim Lawson addressed the Commission in opposition of the proposed request. He stated he had lived in the, area 40 plus years. He stated the Little Rock School District had spent several years trying to resolve the issues of desegregation through the courts. He stated to allow a development which only allowed Muslims was taking a step backward. Ms. Carolyn Hitman addressed the Commission in opposition of the proposed request. She stated as Secretary of the John Barrow Neighborhood Association she want to put on record the Neighborhood Association had not taken a formal vote on the proposed issue. She stated the vote would be taken at the next board meeting. She stated as a resident she was concerned with a development of the indicated intensity being developed on the site. She stated the applicant was indicating the development of twenty-two single-family homes and a Mosque and educational facility. She stated she felt the development was too intense for the site. She stated the proposed development did not fit with the character of the neighborhood. She stated the neighborhood had spent fourteen years trying to rid itself of gangs, crime and violence. She stated the neighborhood was tired of the City allowing the John Barrow Community to be a dumping ground for things the City did not know what to do with. She stated the applicant had indicated the developer had indicated he wanted to be inclusive of the neighborhood. She questioned if the developer had twenty-five 7 FILE NO.: Z-2502-A (Cont. commitments how this was being inclusive. She stated the proposal only included the placement of twenty-two homes. She stated the area residents were not given a chance to purchase one of the proposed homes since all lots were already committed to other potential Muslim buyers. Ms. Kathy Wells addressed the Commission in support of the proposed request. She stated she was representing the Episcopal Bishop of Arkansas. She stated the church was supportive of the proposed development and the diversity of populations around the world. She stated the fears of residents from existing actions of extremist organizations do not represent the views or the wills of most citizens. Mr. Don Darnell addressed the Commission in support of the proposed request. He stated he was an advocate for Civil Rights and Fair Housing Laws. He stated the proposed development would allow for diversity of residents and housing in the area. He stated according to Fair Housing Laws a person can not be denied a home based on race, creed or religion. He stated this did not apply to religious organizations. He stated the charge of the Commission was not to establish all equalities but to determine if the land use was appropriate for the proposed location. There was a general discussion concerning the Fair Housing Laws. A question was raised as to if any one would be able to purchase a home in the subdivision. The applicant stated no one would be discriminated against because of race or religion. He stated the lots would be available for anyone to purchase. A motion was made to approve the request. The motion carried by a vote of 8 ayes, 0 noes, 2 absent and 1 Recuse (Mizan Rahman). 0