HomeMy WebLinkAbout00071379STAFF REPORT
Prepared by: Molly Hitchcock Date: August 20, 2001
Item: Public hearing, discussion, and possible action on a conditional use
permit for Victory United Pentecostal located at 2730 B Longmire. (01-177)
Applicant: Keith Castleberry
Staff Recommendation: Staff recommends approval of the conditional use
permit.
Item Summary: Victory United Pentecostal is a church that has formed within
the last few months. There are currently 13 members. They are proposing to
meet in a rented space in the Village Square Office Park on Longmire across
from Pepper Tree Apartments. There would be Sunday services and classes
and group meetings on weeknights. The church hopes to own their own church
facilities soon and that this location will be their temporary meeting place until
that time.
The subject property is in a C-N Neighborhood Business zoning district. The
residential portion of Southwood Valley Subdivision Phase 5A is to the west (R-1
Single Family Residential); the Longmire Learning Center (C-N) is to the north;
and Career Apparel (C-N) is to the south. Across the street east from the office
complex is Pepper Tree Apartments (R-6 Apartment/High Density).
With 49 parking spaces, the business center provides adequate parking for its
approximate 11,151 square feet of office space (only 45 spaces are required).
The church would be renting 1,000 sq.ft. The building that the church would
occupy is at the back of the center, facing the rear of the residential lots. The
church building and the residential area would be separated by a distance of
approximately 97 feet and a 6-foot wooden fence. There are many mature
canopy trees on the residential side of the fence. There are no nightclubs or
restaurants in the immediate vicinity.
Comprehensive Plan Considerations: The Land Use Plan shows the subject
area to be Office. Churches are allowed in any zoning district with a conditional
use permit. The church would have access to and from Longmire Drive, which is
a major collector. Major collectors are designed to carry 5,000 to 10,000
vehicles a day, which is one reason why Office, Retail, Residential Attached, and
Industrial R&D were included as acceptable land uses along Longmire in the
Comprehensive Plan. Staff believes the impact of the church on traffic in the
area will be minimal.
1
Utility demands will not be unreasonably increased as a result of the church
moving into the proposed location. Utilities for the office development were
planned for the appropriate intensity of the use. A church use in the complex will
not exceed the development's utility capacity.
Between the Office area on the Land Use Plan and the Single Family Residential
Medium Density that represents the residential Southwood Valley, there is a thin
strip of green that represents Floodplain/Streams. Near the residential lots
abutting the subject property, there is a platted 70-foot drainage, utility, and
access easement that includes a 100-year flood plain. This easement will help
maintain the distance buffer that exists between the proposed church
building/parking lot and the homes.
Item Background: The land where the proposed church building is located was
annexed into the city in 1974. It was first platted in 1975, replatted with a
condominium declaration in 1993, and replatted into its current configuration in
1996. The Village Square Office Park and surrounding businesses have been in
existence for several years. There have been recent fagade improvements and
new business development along Longmire as the street has been extended to
the south.
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." Site plan review was not necessary
in this case since the development is existing.
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
2
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
NOTIFICATION:
Legal Notice Publication(s): The Eagle: 8-22-01
Advertised Commission Hearing Dates(s): 9-6-01
Number of Notices Mailed to Property Owners Within 200% 15
Response Received: None as of date of staff report.
3