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September 26, 2001 BS
STAFF'S
REQUEST ANALYSIS
AND
RECOMMENDATION
01SN0175
(Amended)
Courts of Praise Pentecostal Holiness Church
Dale Magisterial District
Off the east line of Iron Bridge ROad
REQUEST: .Rezoning from Neighborhood Office (O-1) to Residential (R-12), plus proffered
conditions on an adjacent zoned Agricultural (A) tract.
PROPOSED LAND USE:
Churches and other places of worship, including parish houses, Stmday schoOls and
temporary revival tents are proposed.
PLANNING. COMMISSION RECOMMENDATION
RECOMMEND APPROVAL AND ACCEPTANCE OF THE PROFFERED CONDITIONS ON
PAGE 2.
STAFF RECOMMENDATION
Recommend approval for the following reasons:
A. The proposed zoning and land uses conform to the Central Area Land Use Plan
which suggests the property is appropriate for residential use of 1.0 to 2.5 units per
acre.
Providing a FIRST CHOICE Community Through Excellence in Public Service
The proposed zoning and land uses are compatible with existing and proposed area
development.
(NOTE: THE ONLY CONDITION THAT MAY BE IMPOSED IS A BUFFER CONDITION.
THE PROPERTY OWNER(S) MAY PROFFER OTHER CONDITIONS. THE CONDITIONS
NOTED WITH "STAFF/CPC" WERE AGREED UPON BY BOTH STAFF AND THE
COMMISSION. CONDITIONS WITH ONLY A "STAFF" ARE RECOMMENDED SOLELY
BY STAFF. CONDITIONS WITH ONLY A "CPC" ARE ADDITIONAL CONDITIONS
RECOMMENDED BY THE PLANNING COMMISSION.)
PROFFERED CONDITIONS
(STAFF/CPC) 1.
The uses permitted shall be limited to churches and other places of
worship, including parish houses, Sunday schools, and temporary
revival tents. (P)
(STAFF/CPC) 2.
The uses permitted on this property shall generate no greater noise
level than 65 d.b.a, measured at the closest property line of
Willowhurst Subdivision to the property. (P)
(STAFF/CPC) 3.
The "Plan" referenced herein shall be the plan identified as Courts
of Praise Ministries Pentecostal Holiness Church Expansion~
Existing Site and Demolition Plan, dated November 22, 1999,
submitted with the application. Within the areas identified as "A"
on the Plan, a mixture of evergreen trees and shrubs shall be
planted. Within the areas identified as "B" on the Plan, evergreen
shrubs shall be planted. The initial size of evergreen trees and
shrubs shall be as outlined in Section 19-518 (b)(3) and (4) of the
Zoning Ordinance. EVergreen trees shall be planted in a lineal
pattern and spaced at one (1) tree for each thirty (30) lineal feet.
Evergreen shrubs shall be planted in a lineal pattern and spaced at
one (1) shrub for each ten (10) lineal feet. A landscaping plan
depicting this requirement shall be submitted to. the Planning
Department for review and approval in conjunction with site plan
submission. (P)
GENERAL INFORMATION
Location:
Fronts the east line of Iron Bridge Road, north of Willowbranch Drive. Tax ID 773-676-
3007, 6622, 7904 and 8327 (Sheet 17).
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Existing Zoning:
0-1 and A with Conditional Use
Size:
5.7 acres
Existing Land Use:
Single family residential and indoor recreational facility
Adjacent Zoning and Land Use:
North and West - R-I5; Vacant
South and East - R-9; Single family residential (Willowhurst Subdivision)
UTILITIES
Public Water System:
There is an existing eight (8) inch water line extending from Summertree Drive, within an
easement between lots 17 and 18 of Willowhurst Subdivision, and across a portion of the
request site. Use of the public water system is required by County Code. Any relocation
of the existing on-site water line will be at the property owner's expense.
Public Wastewater System:
There is an existing eight (8) inch wastewater collector line extending from Kingsland
Creek along the existing access road, adjacent to the request site. Use of the public
wastewater system'is required by County Code.
ENVIRONMENTAL
Drainage and Erosion:
The property drains to the north across an adjacent parcel to Kingsland Creek. There are
no existing or anticipated on- or off-site drainage or erosion problems. New development
may necessitate acquisition of off-site drainage easements.
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PUBLIC FACILITIES
Since the applicant has proffered to restrict the uses permitted on the property to essentially church
uses, there will be a minimal impact on capital facilities.
Fire Service:
This property is currently served by the Airport Fire/Rescue Station, Company Number 15
and Bensley-Bermuda Rescue Squad. When the property is developed, the number of
hydrants and quantity of water needed for fire protection will be evaluated during the plans
review process.
Transportation:
This request will have a minimal impact on the existing transportation network.
LAND USE
Comprehensive Plan:
The site lies within the Central Area Land Use Plan which suggests the area is appropriate
for residential use of 1.00 to 2.5 dwelling units per acre. The.Zoning Ordinance permits
churches, by right, in residential districts.
Area Development Trends:
Properties to the north and west are zoned Residential (R-15) and are currently vacant.
Properties to the south and east are zoned Residential (R-9) and are occupied by single
family residential dwellings (Willowhurst Subdivision). Based upon recommendations of
the Plan, it is anticipated that the parcels fronting along Iron Bridge Road will develop for
mixed use corridor uses, to include higher density residential, professional, business,
industrial and administrative offices with integrated supporting uses and properties in the
vicinity of the request site, east of the corridor, will develop for residential uses.
Zoning History:
On December 12, 1973, the Board of Supervisors, upon a favorable recommendation by
the Planning Commission, approved a Conditional Use to permit a private indoor tennis
club on the Agricultural (A) portion of the request property (Case 73S147). The facility
was limited to one (1) indoor tennis club building and supporting parking and driveway
areas. Conditions Were imposed to regulate .landscaping, drainage, parking, paving; access
to an existing graveyard and to prohibit the sale or consumption of alcoholic beverages on-
site.
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On December 30, 1974, the Board of Supervisors, upon a favorable recommendation by
the Planning Commission, approved an amendment to Case 73S147 to permit erection of a
ninety-six (96) square foot freestanding sign along Iron Bridge Road to identify the
recreational uses on the Agricultural (A) portion of the property. (Case 74S161)
On June 27, 1990, the Board of Supervisors, upon a favorable recommendation by the
Planning Commission, approved an .amendment to Case 73S147 to permit health club
activities, to include exercise classes, tennis and fitness-related activities on the
Agricultural (A) property and within the existing structure, plus three (3) outdoor tennis
courts and denied an amendment to permit the sale or consumption of alcoholic beverages,
(Case 90S0127)
On APril 24, 1991, the Board of Supervisors, upon a favorable recommendation by the
Planning Commission, approved rezoning from Agricultural (A) to Neighborhood Office
(O-1) on that portion of the property proposed for Residential (R-12) zoning.
Site Design:
The request property is currently occupied by recreational facilities, office use and a single
family residence with access to Iron Bridge Road via a paved driveway. It is the intent to
construct a church and related uses on the subject properties. New construction must
conform to the requirements of the Zoning Ordinance relative to Residential (R-12)
requirements which will address, among other thingS, setbacks and parking spaces for the
church use.
USeS:
At the request of the Dale District Planning Commi. 'ssioner, Proffered Condition 1 restricts
the uses permitted on the property to churches and other places of worship, including
parish houses, Sunday schools and temporary revival tents. At such time that other uses,
such as residential dwellings are proposed, it will be necessary to seek a zoning
amendment to permit those uses. At that time, the impact and appropriateness of
residential use or other uses can be assessed.
Noise:
In response to concerns frOm area residents, the applicant has submitted a condition to limit
the noise levels generated by the Church use at the closest property line of Willowhurst
Subdivision to no greater than 65 d.b.a. Comparatively, the sounds emanating from a
typical business office would be at 65 d.b.a., while average street traffic is approximately
85 d.b.a.
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Buffers and Screening:
The Zoning Ordinance requires that solid waste storage areas (i.e., dumpsters, garbage
cans, trash compactors, etc.) within 1,000 feet of any residentially-zoned property or
property used for residential purposes not be serviced between the hours of 9:00 p.m. and
6:00 a.m. Further, solid waste storage areas must be screened from view by a masonry or
concrete wall constructed of comparable materials to, and designed to be compatible with,
the building which it serves. The applicant has proffered additional landscaping along the
perimeter of the subject property to minimize the view of the church use from adjacent
properties.
CONCLUSIONS
The proposed zoning, coupled with the proffered conditions, conforms to the Central Area Land
Use Plan which suggests that the property is appropriate for residential uses having densities of 1.0
to 2.5 dwelling units per acre. The Zoning Ordinance allows churches, by right, in residential
districts. In addition, the proposed zoning and land use is compatible with existing and proposed
area development.
Given these considerations, approval of this request is recommended.
CASE HISTORY
Planning Commission Meeting (2/20/01):
On their oWn motiOn, the Commission deferred this request to their April 17, 2001, public
hearing to allow time for the Dale District Commissioner to further discuss this proposal
with area residents.
Staff (2/21/01):
The applicant was advised in writing that any significant new or revised information should
be submitted no later than February 27, 2001, for consideration at the Commission's April
public hearing.
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Board of Supervisors' Meeting (2/28/0i):
Because the Commission deferred this case to April 17, 2001, the Board canceled their
public hearing on the case.
Staff (3/23/01):
To date, no' new information has been received.
Pianning Commission Meeting (4/17/01):
The applicant accepted the recommendation. There was no opposition present.
On motion of Mr. Litton, seconded by Mr. Cunningham, the Commission recommended
approval of this request and acceptance of the Proffered Conditions 1 and 2 on page 2.
AYES: Unanimous.
Applicant, Staff and Dale District Supervisor (5/3/01):
A meeting was held to discuSs the request. There was discussionrelative to the possibility
of remanding the case to the Planning Commission for the purpose of amending the
application'to include additional prOPerty.
Board of Supervisors' Meeting (5/23/01):
At the reqUest of~e applicant, the Board remanded this case to the Planning Commission
to allow amendment Of the case to include additional property.
Applicant (5/25/01):
A proffered condition was submitted relative to landscaping to be installed on the property.
The application was amended to include additional property.
Planning Commission Meeting (8/21/01):
The applicant accepted' the recommendation.
There was no opposition present.
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On motion of Mr. Litton, seconded by Mr. Cunningham, the Commission recommended
approval of this request and acceptance of the proffered conditions on page 2.
AYES: Unanimous
The Board of Supervisors, on Wednesday, September 26, 2001, beginning at 7:00 p.m., will take
under consideration this request.
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01SN0175 (AMENDED)
~ Rez. O-1 TO R-12
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