HomeMy WebLinkAbout00071317STAFF REPORT
Prepared by: Jessica Jimmerson Date: 7/12/01
Item: Public hearing, discussion, and possible action on a Conditional Use Permit, Use
only, for the First United Methodist Church located at 1125 Wellborn Road consisting of
approximately 5.5 acres. (01-500147)
Applicant: C. R. Thomas for the First United Methodist Church
Staff Recommendation: Staff recommends approval.
Item Summary: As the Commission is aware, churches are allowed in any zoning
district with a Conditional Use Permit. The Church is requesting a Use only permit at
this time. They would like to be assured the use before they begin the expensive
design process, as this is their third attempt to find a location inside the City.
The site plan will come back before the Commission. At that time the Commission will
be able to address issues such as buffering requirements and other site layout
elements that may mitigate any potential negative impacts. Since this property is
currently zoned R-1, the staff will review the development against the R-1 requirements
in regard to height, setbacks and signs, etc. If the Church would like to vary from R-1
requirements, those deviations will have to be granted at the time of site plan approval
by the Commission. R-1 zones do not generally permit commercial type signage.
Therefore, it is not unusual for a church going into an R-1 district to request signage
approval with the site plan.
Comprehensive Plan Considerations: The subject property and all adjacent
property are shown on the Land Use Plan as High Density Residential. The subject
property is however, currently vacant and zoned R-1. Property to the south is zoned R-
1 and developed as such, with the houses facing Southland St. Property to the east is
zoned R-2 and developed as duplexes, which face Oney Hervey. The property to the
north is zoned C-2 and is the location of CC Creations. Between the subject property
and Wellborn Road the property is currently zoned R-1, but does have some non-
conforming mixed use.
Item Background: The property has been inside the City limits since 1956. The
property also appears to have been in its present configuration before 1970. The City's
Subdivision Regulations were adopted in 1970. Therefore, any property division that
occurred before that time is considered legally nonconforming and platting is not
generally required. The applicant will need to provide appropriate documentation
before site planning approval.
Even if it were determined that platting is required for the site, the property is well
situated in regard to utilities and the necessary infrastructure. Please see the
Infrastructure and Facilities section of this report for additional information.
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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 will conduct a technical review when the site
plan is submitted.
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."
Unless the public hearing bring to light any new information indicating potential negative
impacts, Staff recommends approval with Staff Review Comments.
Commission Action Options: The Commission has final authority over the Conditional
Use Permit. 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
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INFRASTRUCTURE AND FACILITIES
Water: There is an existing 12" waterline along Wellborn Road. This should
be sufficient for any development on this site.
Sewer: There is an existing 10" line along the northeast property line. This
should be sufficient for any development on this site.
Streets/Access: The property will have adequate access from Wellborn Road,
which is shown on the Thoroughfare plan as a major arterial.
Off-site Easements: None are anticipated at this time.
Drainage: This project will be required to comply with the City's Drainage
Ordinance. The site should drain to the fork of Lick Creek that traverses the
rear of the property.
Flood Plain/Greenways: The west end of the property is crossed by a Flood
Plain/Greenway area. The applicant has already met with the Greenways
Program Manager and has expressed an interest in working with the City
regarding this piece of the property.
NOTIFICATION:
Legal Notice Publication(s): The Eagle; 7-4-01
Advertised Commission Hearing Dates(s): 7-19-01
Number of Notices Mailed to Property Owners Within 200': 36
Response Received: None as of date of staff report
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