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HomeMy WebLinkAboutStaff Reports' Chairman Rife called for the vote, and the motion to approve failed 2 - 3; Chairman Rife and Commissioner Mooney voted in favor of the motion; Commissioners Floyd, Horlen, and Kaiser voted in opposition of the motion. Commissioner Kaiser moved to approve the request with a one-year time limitation, expiring one year from the date of approval. Chairman Rife asked for clarification from the applicant as to when they were scheduled to move into the facility. Mr. Roy Brantly received permission to approach the Commission to clarify the length of the lease, which he said was actually signed for a 3-year time limit, as confirmed by Mr. John Clarke (property manager). He said that there are chances that the church would be moved from the location within one to two years, or they have an option to move within the center to another location. He asked that the time limitation, if desired, to run concurrently with the existing lease of three years. The Commissioners asked Assistant City Attorney Nemcik to address the issue of the church moving lease spaces within the same center, and if the Church would have to return for another conditional use permit. Ms. Nemcik said that a new conditional use permit would be required if the church changes lease spaces, even within the same shopping center. The motion to approve the request with the one-year time limitation (as stated by Commissioner Kaiser) died due to the lack of a second. Commissioner Horlen moved to approve the conditional use permit with the condition of a time limit to run concurrently with the existing lease and ending when the lease is terminated, not to exceed 3 years. Commissioner Floyd seconded the motion, which passed unopposed 5 -0. AGENDA ITEM NO. 5: Public hearing and consideration of a Conditional Use Permit, use and site plan, for College Hills Missionary Baptist Church located at 712 Churchill Street north of Lincoln Avenue and east of Tarrow Street, to pave and expand an existing gravel parking area. (99-731) Staff Planner Jimmerson presented the staff report and stated that the applicant was requesting permission to pave the existing gravel parking on site and to expand the parking area. The site is zoned R-1 Single Family Residential and shown as high density single family residential on the Land Use Plan, but churches may be permitted as conditional uses in any zoning district. The original structure and the existing use predate the current Zoning Ordinance; therefore there is not an existing Conditional Use Permit. The current site with the gravel parking area and the use are grandfathered. Because the entire parking structure is being paved this change is considered significant and even if there were an existing use permit, it would be required to come before the Commission for approval of the new site plan. If this use permit is granted it will be legitimizing the church as well as the new site plan. She explained that because the change to the site is considered significant, the driveway ordinance gives us the authority to require that non-residential driveways be brought into full compliance. The ordinance states that adjacent non-residential driveways on a local street should have a separation distance of 150 feet. The driveways on this site are approximately 104 feet apart. Variances to the driveway ordinance normally are required to go to the Project Review Committee. However, in this particular instance both the PRC and the Commission have authority over this issue. P&Z Minutes January 6, 2000 Page 4 of 13 The Commission has authority because driveway placement may affect "the health, welfare or safety of the surrounding neighborhood or its occupants." Staff determined that going to both bodies to review the variance request would be inefficient, and since the PRC consists of three members of the Commission, and since the conditional use process allows for a public hearing, which the PRC review does not, then the logical place to take the variance request is to the Commission. Ms. Jimmerson said that staff did support the driveway variance request. If the northern most driveway were moved further north to fully comply with the driveway ordinance then an awkward street offset would occur. Also, the proposed driveways are in almost the exact locations of the existing curb cuts. Chairman Rife opened the public hearing. Mr. Ed McDowell, 1013 Walden Drive, was present to represent the church. He explained that there were 74 spaces required by the parking regulations, but the site plan shows that 77 spaces would be provided. Mr. Tommie Preston, 616 Pierce, representing the church, gave the Commission some historic information about the church and parking lot. Chairman Rife closed the public hearing. Commissioner Horlen moved to approve the request with the variance request. Commissioner Mooney seconded the motion, which passed unopposed 5-0. AGENDA ITEM NO. 6: Public hearing and consideration of a Conditional Use Permit, use and site plan, for the Ordonez Residence located at 1701 Langford. This request is to allow an in- house child care facility within the single family residence. (99-733) Staff Planner Anderson presented the staff report and explained that child care facilities may be permitted as conditional uses in any district upon approval from the Commission. The request was for permission to operate a child care facility in her home located at 1701 Langford Street. The applicant proposed to convert the existing 440 square foot garage into the child care area and provide use of a 25 square foot bathroom for child care use, for a total of 465 square feet to be used for both child care and residential purposes. She explained that the Zoning Ordinance defines a child care facility as "any facility or premises where seven or more children under sixteen years of age regularly attend for purposes of custody, care, or instruction; and which children are not members of the immediate nuclear family of any natural person actually operating the facility or premises." The applicant currently has four children in her immediate family. The applicant proposes three types of child care programs, which would operate different hours and have a variant number of children participating. The main child care program would be after school care from the hours of 3 p.m. to 6 p.m. This program would have a maximum number of 12 children ranging in age from 5 to 13. The second program is a part time "Mother's Day Out" program which would operate from 9 a.m. to 2:30 p.m. This program would have a maximum number of 8 children ranging in age from 18 months to 5 years. The third program is a summer program, which would serve school age children from the hours of 7:30 a.m. to 6 p.m. The maximum number of children in this program would be 12, ranging in age from 5 years to 13 years. The applicant plans to hire one employee to help provide care for these programs. She pointed out that currently the property has two off street parking spaces for the residential use; the applicant proposes to use these same spaces to satisfy the needs of the child care use as well as the residential use. She said that a wood fence surrounds the proposed playground area (the backyard). It is unknown, however, P&Z Minutes January 6, 2000 Page 5 of 13 STAFF REVIEW COMMENTS No. 1 Project: Conditional Use Permit ~y College Hills Missionary Baptist Church 1. Is either of these drives existing? Show dimensions to opposite and adjacent drives per ordinance. 2. What easements are existing on this property? The water meters need to be in a utility easement, as well as, the electrical service. A Both light poles will need to be relocated. Show where. v4. Dimension regular and handicap parking spaces. :f. Where is sewer service? v6 Need two interior islands of a minimum of 180sf a piece. L,-7. Dimension throat depth and width and circulation aisle widths. If you are using the back of curb for the edge of the property for landscaping calculations, then it should also be used for the beginning point of the landscape reserve. OAA l wiA- L4- ( cep P U'-/~ cu) t--' L What kind of dumpster service exists? Is it a rolloff dumpster? Provide off- street storage. (Yut - 6 ~ vTT, -V V)e ~u~,J 10c".'C~L 10. End islands must be a minimum of 360sf. 11. The grading and drainage information is still under review by staff. L.A2.Top of curb of parking spaces must be at least 2ft from property line to prevent car overhang onto adjacent property. LA3. Is brick sign existing? a f~ - -tA ~-c~ ~a 14. Irrigation system will need backflow preventer. 15. Curb detail does not meet standard. 16. Need to see handicap ramp detail. ,41-May need screening on remainder of SW side of property and SE side. Is there existing gravel parking along the SW side? L48. Shrubs need to be noted as a minimum of 5 gallon. LJa."Note the zoning of the surrounding/abutting tracks. The ownership of the adjacent tract to the SW need not be noted. Staff is aware of the difficulties in this area. Footnote: Staff realizes applicant did best to located ROWs. Reviewed by: Jessica Jimmerson Date: 12/16/1999 J :\PZTE)MPZ02423. DOC Page 1 of 1 STAFF REPORT Item: Public Hearing and Consideration of a Conditional Use Permit, use and site, for College Hills Missionary Baptist Church located at 712 Churchill Street north of Lincoln Ave. and east of Tarrow St. This request is to pave an existing gravel parking area and to expand the parking area. (99-173/99-731) Applicant: Tommie Preston for College Hills Missionary Baptist Church Item Summary: Churches may be permitted as conditional uses in any zoning district upon approval from the Planning and Zoning Commission. The applicant is requesting permission to pave the existing gravel parking on site and to expand the parking area. The site is zoned R- 1, Single Family Residential, and shown on the Land Use Plan as High Density Single Family Residential. Item Background: The original structure and the existing use predate the current Zoning Ordinance, therefore there is not an existing Conditional Use Permit. The current site with the gravel parking area and the use are grandfathered. Because the entire parking structure is being paved this change is considered significant and even if there were an existing CUP, it would be required to come before the Commission for approval of the new site plan. If this CUP is granted it will be legitimizing the church use as well as the new site plan. Also, because the change to the site is considered significant, the driveway ordinance gives us the authority to require that non-residential driveways be brought into full compliance. The ordinance states that adjacent non-residential driveways on a local street should have a separation distance of 150 feet. The driveways on this site are approximately 104 feet apart. Variances to the driveway ordinance normally are required to go to the Project Review Committee. However, in this particular instance both the PRC and the Commission have authority over this issue. The Commission has authority because driveway placement may affect "the health, welfare or safety of the surrounding neighborhood or its occupants." Staff determined that going to both bodies to review the variance request would be inefficient. And since the PRC consists of three members of the Commission, and since the conditional use process allows for a public hearing, which the PRC review process does not, then the logical place to take the variance request is to the Commission. Staff does support the driveway variance request. If the northern most driveway were moved further north to fully comply with the driveway ordinance then an awkward street offset would occur. Also, the proposed driveways are in almost the exact locations of the existing curb cuts. Budgetary & Financial Summary: N/A Staff Recommendations: Unless the public hearing brings to light any new information, Staff recommends approval of the use and the site with the variance to the driveway ordinance. Related Advisory Board Recommendations: See above. Commission Action Options: The Commission may permit a conditional use subject to appropriate conditions and safeguards, when after public notice and hearing the Commission finds that: I. "The proposed use meets all the minimum standards established in the ordinance for the type of use proposed." 2. "That the proposed use meets the purpose and intent of the ordinance and is in harmony with the development policies and goals and objectives as embodied in the Comprehensive Plan for Development of the City." 3. "That the proposed use will not be detrimental to the health, welfare, and safety of the surrounding neighborhood or its occupants, not be substantially or permanently injurious to neighboring property." "The commission may impose additional reasonable restrictions or conditions to carry out the spirit and intent of the ordinance and to mitigate adverse effects of the proposed use. These requirements may include, but are not limited to, increased open space, loading and parking requirements, height restrictions, additional landscaping, and additional improvements such as curbing, sidewalks, and screening." Commission Action Options: Approve, Approve with Conditions, Deny, Table or Defer Action Supporting Materials: 1. Location Map 2. Application 3. Infrastructure and Facilities 4. Site Plan 5. Applicant's Variance Request Letter INFRASTRUCTURE AND FACILITIES Water: Water service is currently provided to the site. Sewer: Sewer Service is currently provided to the site. Streets: The site currently takes access off of Churchill Street. Off-site Easements: N/A Drainage: The grading and drainage information is still under review by stall: They will be required to fully comply with the Drainage Ordinance. Flood Plain: N/A Oversize request: See Budgetary and Financial Summary Section. Impact Fees: N/A NOTIFICATION: Legal Notice Publication(s): The Eagle; 12-20-99 Advertised Commission Hearing Dates(s): 1-6-99 Number of Notices Mailed to Property Owners Within 200': 35 Response Received: None as of date of staff report 3 3-2a - 3 PO ~5 0 ~ 3 3- T~~ I-A; G 1411i c S Cc~ S), l - J'J1L V ~1VCl/J ~f/wc, v17 kCY)- Lt 1o~ ICGK C~ - ~2 ~ paLG-4 zpc~ O( std f f Je 7 ~ v 0 lido, `'N)aX ' /L /dy i ~=o 0 C.