HomeMy WebLinkAbout00070683STAFF REPORT
Prepared by: Molly Hitchcock Date: March 8, 2001
Item: Public hearing, discussion, and possible action on a Conditional Use
Permit and site plan for the Holy Cross Lutheran Church, located at 1200 Foxfire
Drive. (01 -37)
Applicant: Steve Schulze
Staff Recommendation: Unless the public hearing bring to light any new
information indicating potential negative impacts, Staff recommends approval of
the proposal with Staff Review Comments #2.
Item Summary: Churches may be permitted as conditional uses in any district
upon approval from the Planning and Zoning Commission. The applicant is
requesting approval to expand their church facilities at the existing site at the
corner of Sebesta Road and Foxfire Drive. The new addition will include a
gathering hall and classrooms, and the sanctuary capacity will be increased.
The church already has excess parking, so no additional parking is required.
The property does not currently meet landscaping and streetscaping
requirements, so these items will be brought into compliance as part of the
expansion project.
The property is zoned A -OR Rural Residential Subdivision, and is surrounded by
A -OR to the south and east. Adjacent land to the west is A -O Agricultural -Open.
Across Sebesta, to the north, is M -1 Planned Industrial.
Comprehensive Plan Considerations: The Land Use Plan and the East
Bypass Study designate this area as Institutional.
Item Background: The church was originally constructed in 1988, before the
site was within the city limits (this area was annexed in 1992). The Planning and
Zoning Commission approved a conditional use permit for a church expansion
and parking lot expansion and upgrade in 1995. That permit eventually expired
when the improvements were not made. Virtually the same conditional use
permit and site plan were approved again in 1997, and the improvements were
made.
Staff Analysis: Section 14 of the Zoning Ordinance authorizes the existence of
conditional uses. The Commission may permit a conditional use subject to
appropriate conditions and safeguards, when after public notice and hearing the
Commission finds that:
(Staff comments are in italics)
1. "The proposed use meets all the minimum standards established in the
ordinance for the type of use proposed." Staff conducted a technical review
and found general compliance with development regulations with the
exception of the items listed in Staff Comments #2.
2. "That the proposed use meets the purposed 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. The
request is in compliance with the Comprehensive Plan.
3. "That the proposed use will not be detrimental to the health, welfare, and
safety of the surrounding neighborhood or its occupants, nor be substantially
or permanently injurious to neighboring property." The public hearing is an
opportunity for the Commission to measure the potential impact on
surrounding land uses.
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, additional
landscaping, and additional improvements such as curbing, sidewalks and
screening."
Commission Action Options: The Commission has final authority over the
Conditional Use Permit and associated site plan. The options regarding the use
permit are:
1. Approval as submitted;
2. Approval with conditions relating to specific site characteristics or with time
limitations;
3. Denial with specified reasons for denial;
4. Table; or,
5. Defer action to a specified date.
Supporting Materials:
1. Location Map
2. Application
3. Infrastructure and Facilities
4. Copy of Site Plan
INFRASTRUCTURE AND FACILITIES
Water: Water service is adequate for the proposed use. There is a
12 -inch water line on the south side of Sebesta.
Sewer: Sewer service is adequate for the proposed use. There is a
10 -inch sanitary sewer line at the northwest corner of the tract.
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Streets: The Thoroughfare Plan shows both Sebesta Road and Foxfire
Drive to be minor collectors.
Drainage: The project will have to comply with the City's Drainage
Ordinance.
Floodplain: There is no floodplain on this site.
NOTIFICATION:
Legal Notice Publication(s): The Eagle; 2 -28 -01
Advertised Commission Hearing Dates(s): 3 -15 -01
Number of Notices Mailed to Property Owners Within 200': 10
Response Received: None as of date of staff report.
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