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00070793FILE Corr STAFF REPORT Prepared by: Jennifer Reeves Date: 04/24/01 Item: Public hearing, discussion, and possible action on a Conditional Use Permit for the Christ United Methodist Church Ph.2 located at 4203 State Highway 6, South. (1- 500061) Applicant: Gary Draper Staff Recommendation: Staff recommends approval. Item Summary: Christ United Methodist Church was granted a CUP in 1997 for the church and a day care. In 1999 the Church was granted a CUP for a temporary parking lot. They have purchased the abutting property with an existing building that was formally known as Desert Hills. The applicant will be using the building to provide space for administration, adult Sunday School classes, Fellowship Hall and youth activities. On the new site, they will be enlarging a small portion of the building for the Fellowship Hall and providing additional parking. They also will be providing additional landscaping. While researching this project for the staff report it came to staffs attention that the CUP that was granted in October of 1999 for the temporary parking lot has expired. The applicant Gary Draper has been contacted concerning this issue. Comprehensive Plan Considerations: The subject site is shown as Institutional on the Land Use Plan. The surrounding properties are shown as Residential Attached, Retail Regional, and Office. Currently the surrounding properties are undeveloped. There is a shared access point off of Highway 6 feeder road, which is considered a Freeway for the church and the Desert Hills building. The church has an additional access point just north of the shared access. The applicant's request for a CUP for additional space for the church is in compliance with the City's Comprehensive Plan. Item Background: The Subject property has been annexed since 1983, and is currently zoned C -1. The abutting property to the north and the east is currently zoned A -O. The abutting property to the south is currently zoned C -1. 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) Created on 041031013:15 PM Catalog 1 1. "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 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. Copy of Site Plan 4. Copy of Planning & Zoning Minutes September of 1999 ( Agenda Item No. 5) Created on 041031013:15 PM Catalog 1 2 INFRASTRUCTURE AND FACILITIES This is an existing site. There are no anticipated changes to public infrastructure. NOTIFICATION: Legal Notice Publication(s): The Eagle; 4 -18 -01 Advertised Commission Hearing Dates(s): 5 -03 -01 Number of Notices Mailed to Property Owners Within 200': 6 Response Received: None as of date of staff report Created on 041031013:15 PM 3 Catalogl . Chairman Rife said that he was in favor of the motion, but understood the opposition expressed by Commissioners Floyd and Warren. He did not see evidence that the site and parking layouts would pose a problem. Chairman Rife called for the vote and the motion to approve the conditional use permit passed 4 -2; Commissioners Warren and Floyd voted in opposition to the motion. AGENDA ITEM NO. 5: Public hearing and consideration of a Conditional Use Permit and approval of a temporary parking lot site plan for Christ United Methodist Church, located east of State Highway 6 across the highway from the Shenandoah Subdivision. (9 -721) Staff Planner Jimmerson presented the staff report and explained that the church is requesting permission to build a temporary parking lot to accommodate patronage in excess of what was anticipated when the facility first opened. Because of the size of the requested lot it was determined that it is a significant change to the existing conditional use permit and would require reconsideration by the Commission. These are two separate items for the Commission to address. First, the amended conditional use permit, in light of the increased parking requested; and second, permission to construct a temporary parking lot ; e church is aware that temporary parking lots are only permitted for a maximum of . 2 F months After f2 the lot must either be brought into full compliance with parking' o,v,, tan ards e´┐Żuired'by' the 'Zoning Ordinance or the site must be cleared of all paving material "and seeded, "sodded or hydromulched'and can no longer be used for parking. At this time the church does not anticipate maintaining the lot in its current configuration after the 12 -month period. The church is currently working on an expansion plan for their parking and building facilities, which they plan to bring before the Commission for another Conditional Use Permit reconsideration, within the 12 month period. The Commission shalt determine the beginning date of the 12 -month period. The church is requesting that the date be set as of the first date that the temporary lot is put into use. 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: 1. "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, additional landscaping and additional improvements such as curbing, sidewalks and screening." Section 9G of the Zoning Ordinance authorizes the existence of temporary parking lots. The Commission may permit a temporary parking lot, subject to appropriate conditions and safeguards, after taking into consideration the following: P &Z Minutes September 16, 1999 Page 4 of 9 "Safe and convenient traffic control and handling, both internal and external. Assured pedestrian safety. Efficient and economic access for public utility and emergency vehicles. Runoff, drainage and flood control. Impact on adjacent land uses. Whether in a particular case the above standards will be detrimental to the public health, safety or general welfare. The Commission may impose any additional standards necessary to the protection or preservation of the public health, safety or general welfare." Unless the public hearing brings to light any new information indicating potential negative impacts, Staff recommends approval of the conditional use permit. Staff also recommends approval of the temporary parking lot. Staff recommends that the Commission set the beginning date of the 12 -month period as the date that the lot is first opened for public use, with the requirement that staff is informed in writing by the church in advance of that date. The Commission questioned whether or not this additional parking lot would eliminate the parking along the frontage road and if not if there was a way to restrict parking on the frontage road. Transportation Analyst Scott Hester said that the City would have to work with the State to permit no parking signage along the frontage road. He explained that the best way to handle would be to have the church enforce the no parking on the frontage road without asking for the signage. Chairman Rife opened the public hearing. Joe Schultz, engineer for the church, was present to answer questions. Chairman Rife asked if he knew the approximate number of cars that park along the frontage road. Mr. Schultz said that the counts were made during the summer, which was before school started and the church was not at full capacity. There are 218 spaces currently (including handicap spaces). When the church was built it was anticipated there would be three people per car, but during services they counted barely two people per car. He said that services usually hold 600 people, which is approximately 300 hundred cars with only 218 parking spaces. He guessed that the amount of cars parked on the frontage road would be around 80 cars. Chairman Rife asked that, with this increase in parking, would it alleviate the overflow in parking? Mr. Schultz said that there should be adequate parking. Jerry House, applicant, explained that the additional parking would accommodate a third church service, and would help with the overlap in the parking (between services). He explained that this additional parking is vital to the growth of the church. Chairman Rife asked if Mr. House thought there would problems asking the congregation to discontinue parking along the frontage road. Mr. House said that the members of the church don't like parking on the frontage road and did not feel this would cause a problem. Chairman Rife closed the public hearing. P &Z Minutes September 16, 1999 Page 5 of 9 Assistant City Attorney Nemcik said -that the Commission cannot place restrictions or conditions on Conditional Uses of off -site parking. She said that the Commission could direct staff to talk to TxDot about placing restrictions on the frontage road, but it cannot be a condition for the permit. Commissioner Horlen moved to approve the Conditional Use. Commissioner Warren seconded the motion. The motion passed unopposed (6 -0). Commissioner Horlen moved to approve the temporary parking lot and the effective date to begin the 12 -month period begin at the time the lot is first opened for public use but no later than one year from this meeting. Commissioner Parker seconded the motion, which passed unopposed. Commissioner Mooney directed staff to investigate with TxDot the placement of parking restrictions along this portion of the frontage road. Commissioner Horlen said that he had a problem with this direction. He asked that this wait until after the new parking lot is put into use, and then see if there is still a problem with frontage road parking. AGENDA ITEM NO. 6: Consideration of a regdtst to waive the 180 -day waiting period for a rezoning application; to rezone the property in the Morgan Rector League Abstract #46, northeast of State Highway 6 and Raintree Road (approximately 14.23 acres) from R -1 Single Family and A -O Agricultural Open to PDD -H (apartments and townhomes). Chairman Rife removed himself from the duty of Chairman for this item. Commissioner Mooney took over as Acting Chairman in Rife's absence. Senior Planner McCully explained that this request was to see if the Commission would waive the 180 - day waiting period, which is normally required when a rezoning has been denied on a piece of property. The PDD -H zoning request was also denied at the City Council level after the Commission recommended denial. At the time of denial by both the Commission and Council, no discussions were held to consider denial without prejudice, which would allow the applicant to return with a rezoning request before the 180 -day waiting period. The ordinance would allow either the Commission or the Council to waive this waiting period, but neither desired to do so at the time of consideration. She said that it was to her understanding that the applicant wanted to return with the townhome portion of the PDD request alone. Commissioner Floyd asked what would be the basis for waiving the time period. Ms. McCully said that there are no specific standards in the ordinance, it is entirely up to the Commission if they feel there is a desire to waive the period. She explained that the general reason for the waiting period is to eliminate the probability of applicants continued return of a request to try to wear down the Commission and/or Council and to allow the Commission and Council to consider each request on it's merits. Commissioner Horlen asked how long the ordinance stating the waiting period has been in effect. Ms. McCully said it has been in existence for a very long time. She also explained that in the past the Commission and/or Council has waived this waiting period for requests on a case -by -case basis. It is at their discretion to do so (denial without prejudice). Commissioner Parker said that during his term with the Commission, the waiting period has been waived for certain reasons (i.e. if the Commission felt a different zoning classification would better fit P &Z Minutes September 16, 1999 Page 6 of 9