WASHINGTON COUNTY PLANNING BOARD
&
ZONING BOARD OF ADJUSTMENTS
January 5, 2010
5:00 p.m., Quorum Courtroom, New Courthouse
Fayetteville, Arkansas
DEVELOPMENTS REVIEWED: ACTION TAKEN:
Elkins Planning Area
a. Crystal Hills Family Fellowship CUP Conditional Use Permit Approval
LAND DEVELOPMENT HEARING
Elkins Planning Area
b. Crystal Hills Family Fellowship LSD Preliminary LSD Plan Approval
Fayetteville Planning Area
c. JRD Church of Christ CUP Conditional Use Permit Approval
d. Stephens Red Dirt Pit CUP Tabled
1. ROLL CALL:
Roll call was taken. Members present include: Kenley Haley, Randy Laney, Larry Walker, Roy Hummel, Cheryl West, and Robert Daugherty. Absent: James F. Gallagher.
2. APPROVAL OF MINUTES: (from the December 3, 2009 meeting) Larry Walker made a motion to approve as written. Cheryl West provided the second. Motion passes.
3. APPROVAL OF THE AGENDA:
Cheryl West made a motion to approve the agenda. Roy Hummel seconded. Motion passes.
Elkins Planning Area
a. Crystal Hills Family Fellowship CUP (Conditional Use Permit Request)
Location: Section 12 , Township 15 North, Range 29 West
Owner/Developer: P2 LLC / Jasper Hankins (primary developer contact) & Jackie Baker (secondary developer contact)
Engineer: Glenn Carter, P.E., P.L.S
3.932 acres and 1 unit / Proposed Land Use: Church/Coordinates: Longitude-94°0'30.215"W Latitude-35°59'25.519"N
Location Address: 10602 N. Highway 16
Project #: 2009-141 Planner: Jessie Pettit, e-mail at jpettit@co.washington.ar.us
REQUEST: Conditional Use Permit (CUP) approval for Crystal Hills Family Fellowship Church. The CUP approval is requested to allow the property, located at 10602 East Highway 16, to be used and developed as a church. The development plans consist of a 7,200 square foot metal building, a parking area to accommodate 107 vehicles, and signage on a 3.93-acre parcel. The applicant is not proposing any cooking to take place in the “food warming area” denoted on the site plan. The applicant states, “We will plan to have three regular services per week (Sunday morning, Sunday evening, and Wednesday evening), combined with other usual church activities (weddings, funerals, Bible studies, etc.)” Please see the following information for a more detailed account of the development plans:
Applicant’s Letter of Request……………………………..…….. Page A-41
Site Plan (Received 12/16/09).………..…………………………….Page A-31
Floor Plan with updates received 12/03/09 and 12/15/09…….. Page A-46 and A-47
Building Elevation Drawing received 08/24/09………………….Page A-48
CUP application……………………………………………………… Page A-41
Please note the proposed development is required to go through the Large Scale Development (LSD) process in addition to obtaining a CUP.
CURRENT ZONING: Project does lie within the County Zoned area (Agriculture/Single-Family Residential 1 unit per acre).
PLANNING AREA: This project is located in the City of Elkins Planning Area.
QUORUM COURT DISTRICT: District 9, JP Butch Pond FIRE SERVICE AREA: Elkins SCHOOL DISTRICT: Elkins
INFRASTRUCTURE: Water-Mount Olive Electric-Ozarks Electric Natural Gas-Arkansas Western Gas Telephone- Windstream Cable- Cox
BACKGROUND/ PROJECT SYNOPSIS:
The applicant of the project is Jasper Hankins. The property is currently under the ownership of P2 LLC.
The project site is located at 10602 East Highway 16; it has 245 feet of road frontage onto East Highway 16. The engineer on the project, Michelle Parker, has begun a dialog with the Arkansas State Highway and Transportation Department regarding all permits required. The Planning Office has requested a sight distance statement from the Engineer on the project at CUP stages of the project to be assured that the points of ingress/ egress have adequate visibility in accordance with Ordinance Number 2009-038. At the time of writing the staff report, the information has not yet been received. The information will be emailed to you if received between the time staff reports are mailed out and the January 5, 2009 Zoning Board of Adjustments/ Planning Board meeting.
The 3.93 acre property (parcel #001-06225-00) is located in Elkins Planning Area. Mr. Don Cryder, Planning Administrator for the City of Elkins attended the December 8, 2009, Technical Review Meeting and did not have any comments on this project.
Utility Providers
There were not any tech comments received that indicated difficulty in servicing the proposed development. Arkansas Western Gas did indicate that a 20 foot utility easement along the front of the property did need to be shown on the site plan and that they could service the building at the northeast corner of the lot in the green space. Please refer to the December 8, 2009, Technical Comments on page to view comments in their entirety.
It is important to note that the property is in the service area of Mount Olive Water for drinking water, but in the service area of Elkins Water for water for fire fighting purposes. Planning staff spoke with Ray Eaton with Mount Olive, December 3, 2009, to find out whether or not the existing water infrastructure/ water supply (4” line) is adequate to tie onto. Mr. Eaton said it should not be a problem to tie onto the existing line for drinking water. He has discussed the situation with the Mount Olive engineer to confirm it would not be a problem.
Structure
All state building codes shall be abided by. Mr. Ray Eaton with Mount Olive has agreed to conduct the plumbing inspection and provide Planning staff with a confirmation of completion. State plumbing code includes such things as ADA bathrooms for each sex, drinking fountain, and mop buckets.
Church should be approximately sized as proposed at 7,200 square feet.
The kitchen and food warming area of the floor plan shall operate as a food warming area only. During the December 8, 2009 Tech Review the applicant stated that the “food warming” area denoted on the floor plan will consist of residential size range (ovens) only. They will not be doing any cooking- just warming up potluck dishes. They are aware that it changes things significantly if they move to cooking in the future (in regards to both fire-safety requirements and the Health Department requirements). If at any point the applicant does want to use the kitchen for cooking, the project will be required to go through the CUP review process again for additional approval, as it was not reviewed for this use for this CUP application.
Structure (continued)
Any building plan revisions must be approved by reviewing fire safety personnel (Fire Marshal and Elkins Fire Chief).
Please refer to the “Fire Safety Issues” section of the listed below for all other requirements (building included) set forth by reviewing fire safety personnel.
Fire Safety Issues
The project is located in Elkins Fire Department service area. Elkins Fire Chief, J.D. Demotte, and Washington County Fire Marshal, John Jenkins reviewed the project. Please see pages A-43 through A-52 to view their comments and correspondence in their entirety. Following are some of the main items that shall be adhered to:
1. FIRE WALL.
A two (2) hour fire rated wall must be constructed between the sanctuary and the rest of the building.
A meeting shall take place between the following parties regarding how the firewalls shall be constructed: applicant (Jasper Hankins and Jackie Baker), the Elkins Fire Chief (J.D. Demotte), the Washington County Fire Marshal (John Jenkins), and the Builder/ Framers. Upon discussion and approval of the interior firewalls and any other construction details needing review, the Elkins Fire Chief has agreed to provide Planning Staff a written statement stating the plans have been reviewed, agreed upon and must be constructed to plan.
2. Elkins Fire or County Fire Marshal must inspect the firewall prior to any sheet rock being put into place. The facility should be entirely sheet rocked prior to use as an assembly area.
3. No sprinkler system is required; however, an alarm system shall be installed to NFPA 72 with prior approval by the Elkins Fire Department.
4. The following fire safety items as per Fire Marshal and Elkins Fire Chief are required:
(a) lighted exit signs to mark all exits (b) panic hardware on all exit doors, which enable the exit doors to swing out with little effort
(c) emergency lighting (d) fire extinguisher
5. Must have fire access/ fire lanes around the building (location to be approved by Marshal or Chief). See attached drawing on page A-45.
6. Roads and parking lot must support 75,000 pounds in all weather conditions.
7. Inspection of the building and parking/ drive areas by Fire Marshal and Elkins Fire prior to opening (Final Large Scale Development).
8. A knox box shall be installed.
The nearest fire hydrant is located at the corner of Highway 16 East and Alexander Loop. It is approximately 1/3 mile away from the proposed church site. The hydrant ran 668 gallons per minute (GPM). It is on a 6” line on the Elkins Water system. An approximate number on tanker support is 408 GPMs sustained for two (2) hours; this is a conservative number. The GPM numbers are low because it is a situation where the Elkins Water system dead-ends; it is not part of a loop system. The Fire Marshal and the Elkins Fire Chief were asked to comment on these numbers; they both said they are fine with the numbers and will be relying on tanker support to aid in for fire fighting purposes.
The County Fire Marshal has the following comment revision/ clarification since Tech Review.
County Fire Marshal’s comment revision is regarding attic storage space. Initially Mr. Jenkins stated “no attic storage due to concerns regarding excessive fire loading within the attic area.” At present, Mr. Jenkins finds it acceptable to have the attic storage over the classrooms if built to code and details are worked out with the Elkins Fire Chief. This change in comment is a direct result of additional information presented by Mrs. Jackie Baker, regarding how the attic storage space can be built to code. Mrs. Baker is an additional developer contact listed in the CUP application.
Site Plan (please see page A-? for the current site plan)
· Parking / ADA
It will be recommended by Planning Staff, that a statement be provided to the Planning Office prior to the building occupation that states: “ADA access from the ADA parking spaces to the building is in place prior to the building occupation.”
· The final copy of the Preliminary LSD Plan will need to be signed by the engineer/ surveyor; the approval is based on this information that has been reviewed.
Septic (please see page A-? of the staff report to view the septic permit in its entirety)
A septic permit for the property and proposed use (200 seat church) has been approved by the Health Department.
Planning staff assessed the surrounding existing land uses (context). The information from the Washington County Land Use Map, and adjacent property owner comments in order evaluate the appropriateness and compatibility of the CUP at this location. During review, staff found two issues that warranted further study due to the context of the site: signage and screening. Planning staff addressed these issues in order to provide the sought compatibility of the proposed land use with the existing land uses that are in place at this time.
Assessment of Surrounding Existing Land Use
The immediate surrounding land uses consist of agricultural/ undeveloped property and a single-family residential property directly north of the project site. Properties within the quarter mile radius of the project site contain similar land uses but also contain a couple businesses to the north. One business is Mount Olive Water and the other business appears to be an automotive repair business. The location of the project site is approximately 1/3 southeast of the Elkins City Limits.
Neighbor Notified of the Project / Adjacent Neighbor Comments
Adjacent property owners within 300 feet of the project site were notified of the proposed project and the public hearing that is to take place. There have not been any formal written comments received by the Planning Office at this time. Planning Staff, the applicant of the project (Jasper Hankins) and the neighbor to the north (Lance and Alysson Gaines) did meet 12/21/09 to discuss mitigation of the visual impact of the proposed church parking lot through screening. Screening options discussed included both vegetative and a privacy fence. A follow up conversation between Planning Staff and Mr. Gaines took place after the meeting. In this conversation Mr. Gaines stated that a privacy fence is preferred but if this option cost prohibitive for the church that a vegetative screen would suffice. Please see page A-26 through A-27 for a visual of adjacent property existing land uses.
Washington County Land Use Map
The Washington County Future Land Use Map has the project located in an area that is designated as “commercial”. This commercial designation is shown on the Elkins Land Use Map, which is then carried over to the Washington County Land Use Map.
See page for a visual of the Washington County Land Use for the project site; the map includes some of the surrounding area to provide context.
On Site Signage
The signage proposed by the applicant is a directly illuminated pole sign with a surface area of 24 square feet (4 feet x 6 feet) and an approximate height of eleven feet. Eleven feet includes the surface area of the sign. On the current site plan the sign is proposed in the right-of- way. Planning staff has informed the applicant that this is not allowed as per state law. Please see page for an example of the type of signage the applicant is proposing.
Staff has concluded that due to the proximity of the project site to the City Limits, its “commercial designation” on the Land Use Map, a lack of comments on this subject matter from adjacent property owners, and research on what the City of Elkins allows in the way of signage, the proposed signage is acceptable. Planning staff does have some restrictions, which they have concluded are appropriate to place on the sign as a result of research on this subject matter (please see conditions “11 signage” on page for a list).
Screening
The parking area on the south side of the project site is a mere 10 feet from the adjacent property owner line to the north in some places. The single-family residence is approximately eighty-five feet away. It is evident to Planning staff that the mitigation of the visual impact of the parking area is needed. Due to conversation between the applicant, planning staff and the property owner to the north of the project site discussed (in the above “Adjacent Neighbor Comments” section), staff is recommending vegetative screening or privacy fence. Specifications for this screen are listed in the conditions section of the staff report.
Additional items that staff is recommending guidelines for are: potential
addition of a dumpster in the future, noise generated from the site, and outdoor
lighting.
Compatibility Conclusion
Staff has concluded that the proposed land use can be compatible with the surrounding area with conditions listed in the staff report, even though the immediate existing land uses are different (single-family residential / agricultural).
The following items support this conclusion:
· Safe ingress / egress (staff still needs statement from the engineer)
· The project has been reviewed for fire safety and conditions are in place.
· Utilities infrastructure for the project are available
· Project site can accommodate septic for the proposed use
· Proximity to the Elkins City Limits
· The “commercial” land use designation on the County Land Use Map
· There have not been any issues brought up by neighbors that can not be mitigated
· Screening at key locations, signage restrictions and other listed conditions aid in providing proper compatibility.
STAFF RECOMMENDATION: Staff recommends Conditional Use Permit approval of the proposed Crystal Hills Family Fellowship Church with the following conditions being met.
1. STANDARD CONDITIONS ON CUP APPROVALS.
Any other land divisions, commercial structures, or other types of uses not considered with this submittal must come through a separate CUP or review process.
2. POINTS OF INGRSS/ EGRESS, ENTRY DRIVE, and ARKANAS HIGHWAY & TRANSPORTATION DEPARTMENT PERMITS (AHTD)
a. Apron connecting drives to the road must be paved (asphalt or concrete) at least 20’ in depth.
b. CUP approval is contingent upon planning staff receiving the sight distance visibility statements that must meet Washington County Regulations as per ordinance 2009-38. The sight distance visibility statements should be for the left turn movement and right turn movements at both points of ingress/ egress shown on the site plan.
c. The size of road tiles and any work done in the right-of way shall be permitted by the AHTD. Provide the Planning Office with copies of all required permits from the AHTD for their files.
3. STRUCTURE
(a) All state building codes shall be abided by.
(b) Abide by state plumbing code. Mr. Ray Eaton with Mount Olive #479-643-2324 will be conducting the plumbing inspections. He has agreed provide planning staff with a confirmation of completion for the Planning files.
(c) The kitchen and food warming area of the floor plan shall operate as a food warming area only.
(d) Any building plan revisions must be approved by reviewing fire safety personnel (Fire Marshal and Elkins Fire Chief). See conditions listed in “4. Fire Safety” for all conditions listed by reviewing fire safety personnel."
4. FIRE SAFETY *All fire safety conditions subject to alteration with approval by both parties reviewing the fire safety portion of the project (Elkins Fire Chief and Fire Marshal).
a) FIRE WALL.
A two (2) hour fire rated wall must be constructed between the sanctuary and the rest of the building.
A meeting shall take place between the following parties regarding how the firewalls shall be constructed: applicant (Jasper Hankins and Jackie Baker), the Elkins Fire Chief (J.D. Demotte), the Washington County Fire Marshal (John Jenkins), and the Builder/ Framers. Upon discussion and approval of the interior firewalls and any other construction details needing review, the Elkins Fire Chief has agreed to provide Planning Staff a written statement stating the plans have been reviewed, agreed upon and must be constructed to plan.
b) Elkins Fire or County Fire Marshal must inspect the fire wall prior to any sheet rock being put into place. The facility should be entirely sheet rocked prior to use as an assembly area.
c) No sprinkler system is required; however, an alarm system shall be installed to NFPA 72 with prior approval by the Elkins Fire Department.
d) The following fire safety items as per Fire Marshal and Elkins Fire Chief are required:
(i) lighted exit signs to mark all exits
(ii) panic hardware on all exit doors, which enable the exit doors to swing out with little effort
(iii) emergency lighting
(iv) fire extinguisher
e) Must have fire access/ fire lanes around the building (location to be approved by Marshal or Chief). See attached drawing on page B-.
f) Roads and parking lot must support 75,000 pounds in all weather conditions.
g) Inspection of the building and parking/ drive areas by Fire Marshal and Elkins Fire prior to opening (Final Large Scale Development).
h) A knox box shall be installed.
i) Sound booth and attic storage plans shall require approval of the Elkins Fire Chief.
5. SITE PLAN. The Preliminary LSD Plan must be signed by the engineer/ surveyor on the final copy; the approval is based on this information which has been reviewed.
6. UTILITY EASEMENT. A twenty-foot utility easement along the front of the property needs to be shown on the site plan as per Arkansas Western Gas Comment.
7. ADA/ ACCESSIBILITY. At Final LSD: Need a statement that ADA access from ADA parking spaces to the building is in place prior to building occupation.
8. SEPTIC.
a) No occupation of the building for church or service purposes until the septic system is installed, inspected, and approved by the Health Department.
b) No overflow parking or heavy equipment shall be allowed within the area encompassed by the septic system.
c) Abide by all rules set forth by the Health Department when the permit was issued (see page A-53 through A-56).
9. DUMPSTER.
If a dumpster is desired at a later date the following shall apply:
· Placement of the dumpster must be approved by Planning Staff.
· The dumpster shall be surrounded with an opaque fence and the gate shall be opaque as well.
10. NOISE.
Noise generated from the site will be minimal as to not create a nuisance to neighbors.
11. SIGNAGE.
Freestanding
Surface area of sign. Surface area should not exceed 24 square feet (4’ x 6’) as stated in the applicant’s letter of request..
Height & Setback of sign. Freestanding sign should not exceed 11 feet in height as stated in the applicant’s letter of request.
The sign placement shall be approved by Planning Staff and the Utility Companies.
The sign shall not be located in the road right-of-way.
The sign shall should be a minimum of ten (10) feet from the north, south, and west property lines
Sign illumination. Any illumination of the sign should not be flashing / fluctuating. If direct illumination is used it is restricted to light bulbs rated at 150 watts or less. Sign should meet state electric code.
Sign placement and display should not interfere with auto safety. No sign should be erected at a location or in a manner where they would create a traffic hazard. (i.e. block visibility of automobiles at the points of ingress/egress)
Maintenance of sign and premises surrounding signs. The sign shall be maintained so that it is remains structurally sound, does not create a visual blight or eyesore and the area surrounding the sign is kept free of rubbish and weeds.
Sign removal. In the event the business ceases operation for a period of time in of 60 days. The sign property owner shall remove any sign identifying or advertising said business or any product sold within 30 days.
12. SCREENING BETWEEN THE CHURCH PARKING AND THE NEIGHBORING RESIDENTIAL PROPERTY TO THE NORTH.
Staff recommends that either a privacy fence (6' - 8' in height) or a line of screening shrubs (approximately 6' - 8' in height) be used a screening tool for approximately 280' along the northern property line of the project site (along the northern border of the proposed parking lot). The screening should be in place by one year from Final LSD approval.
Staff will provide additional specifics regarding screening (i.e. species of acceptable plants, minimum height of plants when planted, etc.) at the meeting on Tuesday.
13. LIGHTING.
All outdoor lighting will need to be shielded in a manner that will not be a nuisance to neighbors or a hazard to passing motorist.
14. HOURS OF OPERATION. The hours of operation should resemble the information given in the applicant’s letter “
The applicant said they intend to have three regular services per week (Sunday morning, Sunday evening, and Wednesday evening), combined with other usual church activities (weddings, funerals, and Bible studies).
15. MAILING FEES. An invoice for the mailing fees has been sent to the applicant; the total for the mailing fee is $10.68.
16. All CUP conditions shall be adhered to and the development shall proceed through Large Scale Development (LSD) process.
ADDITIONAL INFORMATION: Please see Additional extensive information in the staff report if desired A-13 through A-65.
Glenn Carter, Engineer, Jasper Hankins, primary developer contact, and Jackie Baker, secondary developer contact, were present to answer any questions.
Jessie Pettit, Washington County Planner, stated, “Septic plan was approved, no sprinkler system required, but a monitored fire alarm is required. Water for drinking purposes will be supplied from Mount Olive Water. Water for fire prevention will be supplied through Elkins. Jessie showed planning board members the proposed building site. Parking should be adequate. Signage should be anything less than 8 ft, (lower profile signage.) Should the decision be made at a later date for a dumpster to be placed, it will be up to county planners to decide where it should be set, also at that time there would need to be a opaque fence installed for the dumpster, so as not to be seen. Lighting will need to be shielded so as not to be a nuisance to neighbors or hazard to drivers passing by. Their actual meeting times will be Sunday morning, Sunday evening and Wednesday evening. Also with other church activities: weddings, bible studies & funerals.
Robert Daugherty moved to approve Crystal Hills Family Fellowship Conditional Use Permit with conditions. Roy Hummel seconded. Motion passes.
All Board members were in favor of approving Crystal Hills Family Fellowship Conditional Use Permit.
LAND DEVELOPMENT HEARING
Elkins Planning Area
b. Crystal Hills Family Fellowship LSD (Preliminary LSD Plan Approval Request)
Location: Section 12, Township 15 North, Range 29 West
Owner/Developer: P2 LLC / Jasper Hankins (primary developer contact) & Jackie Baker (secondary developer contact)
Engineer: Glen Carter, P.E., P.L.S
Location Address: 10602 N. Highway 16
3.932 acres and 1 unit / Proposed Land Use: Church/Coordinates: Longitude-94°0'30.215"W Latitude-35°59'25.519"N
Project #: 2009-142 Planner: Jessie Pettit, e-mail at jpettit@co.washington.ar.us
REQUEST: Preliminary Large Scale Development Approval for Crystal Hills Family Fellowship LSD.
CURRENT ZONING: Project does lie within the County Zoned area (Agriculture/Single-Family Residential 1 unit per acre).
*The project must obtain a Conditional Use Permit prior to being heard for Preliminary LSD.
PLANNING AREA: This project is located in the City of Elkins Planning Area.
QUORUM COURT DISTRICT: District 9, JP Butch Pond
FIRE SERVICE AREA: Elkins
SCHOOL DISTRICT: Elkins
BACKGROUND/ PROJECT SYNOPSIS:
The applicant of the project, who is also the project engineer, is Michelle Parker.
The project site is located at 10602 East Highway 16; it has 245 feet of road frontage on East Highway 16. The project engineer, Ms. Parker, has begun a dialog with the Arkansas State Highway and Transportation Department regarding all permits required. The Planning Office has requested a sight distance statement from the Engineer on the project (at the CUP stages of the project) to be assured that the points of ingress/ egress have adequate visibility in accordance with Ordinance Number 2009-038. At the time of writing the staff report, the information has not yet been received. The information will be emailed to you if received between the time staff reports are mailed out and the January 5, 2009 Zoning Board of Adjustments/ Planning Board meeting.
The 3.93 acre property (parcel #001-06225-00) is located in Elkins Planning Area. Mr. Don Cryder, Planning Administrator for the City of Elkins attended the December 8, 2009, Technical Review Meeting and did not have any comments on this project.
Aside from the visibility statements staff is requesting at the CUP stage of the project, there are few items that need to be completed:
(1) All checklist items need to be completed; it appears the size of the road tiles have been left off the LSD plan.
(2) Arkansas Western Gas states “can service new building at N.E. corner of lot in green space. Will need to show a 20’ utility easement along road frontage of the property.”
(3) Sign shall be moved out of the right-of-way. Please see CUP requirements on the sign.
(4) Please remove all signature blocks from the preliminary LSD plan and only have the finalized preliminary LSD plan signed and stamped by the engineer and surveyor.
(5) Post preliminary approval; provide the Planning Office with a copy of all permits acquired from the Arkansas Highway and Transportation Department for work to be done in the right-of-way.
The project site is located in the Elkins Fire Department service area.
Elkins Fire Chief, J.D. Demotte, and Washington County Fire Marshal, John Jenkins, reviewed the project. All comments stated for the Crystal Hills Family Fellowship CUP, project number 2009-141 also apply to the LSD. Please refer to that staff report.
In regards to water supply- the nearest fire hydrant is located at the corner of Highway 16 East and Alexander Loop. It is approximately 1/3 mile away from the proposed church site. The hydrant ran 668 gallons per minute (GPM). It is on a 6” line on the Elkins Water system. An approximate number on tanker support is 408 GPMs sustained for two (2) hours; this is a conservative number. The GPM numbers are low because it is a situation where the Elkins Water system dead-ends; it is not part of a loop system. The Fire Marshal and the Elkins Fire Chief were asked to comment on these numbers; they both said they are fine with the numbers and will be relying on tanker support for aid in fire fighting purposes.
A septic permit has been approved.
The County engineer has reviewed the project and is satisfied with all information received to date. Please see attachment B-13 for the flowage easement received from the neighbor to the north of the project site.
CHECKLISTS:
*Please note that if an item is marked inadequate, staff will usually recommend tabling or denial of a project. It is up to the Planning Board’s discretion whether or not to agree with staff recommendation.
STAFF RECOMMENDATION: Staff recommends Preliminary LSD Plan approval of the proposed Crystal Hills Family Fellowship Church LSD with the following conditions:
4. Any other land divisions, commercial structures, or other types of uses not considered with this submittal must come through a separate CUP or review process with the County.
INFRASTRUCTURE: Water – The property is in the service area of Mount Olive Water for drinking water. There is a 4” existing water line that Mount Olive stated would be adequate for the proposed development to tie into for drinking water. Water for fire fighting purposes will come from the Elkins water system.
Other Utilities - The lot is in the service area of Ozark Electric, Windstream Telephone, Arkansas Western Gas, and Cox Communications.
ADDDITIONAL INFORMATION:
Project Application …………………………………….Page B-4
December 8, 2009 Tech Review Comment…………Page B-6-11
Flowage Easement …………………………………….Page B-13
Site Plan…………………………………………………..Page B-15
Vicinity Map………………………………………………Page B-16
Glenn Carter, Engineer, Jasper Hankins, primary developer contact, and Jackie Baker, secondary developer contact, were present to answer any questions.
Jessie Pettit, Washington County Planner, stated, “This is same site.” Jessie showed slides of structure. “This structure has been approved by the health department. Drainage is completed. There is a road tile that needs to be added to the LSD plan and still some engineer fees that need to be paid.
Kenley Haley asked, “ What if in five years there’s a need to expand, will they need to come back to the county planning board?”
Jessie replied:” yes, because this is a conditional use permit to only allow up to a certain square footage/ maximum amount of people. If it were to be decided at a later date to expand, they would need to come back.”
Robert Daugherty moved to approve Crystal Hills Family Fellowship Preliminary LSD Plan with conditions. Cheryl West seconded. Motion passes.
All Board members were in favor of approving Crystal Hills Family Fellowship Preliminary LSD Plan.
Fayetteville Planning Area
c. JRD Church of Christ CUP (Conditional Use Permit Request)
Location: Section 17, Township 17 North, Range 29 West
Owner/Developer: Daniel Byron Mason Living Trust / John Duncan Campbell
Engineer/Surveyor: N/A
Location Address: Nearest addresses: 4956 (to the North) and 5106 (to the South) Butterfield Coach Rd. (WC # 87)
4.09 acres and 1 unit / Proposed Land Use: Church / Coordinates: Longitude-94°5’43. 23”W Latitude-36°8’20. 3”N
Project #: 2009-140 Planner: Courtney McNair, e-mail at cmcnair@co.washington.ar.us
REQUEST: Conditional Use Permit Approval for the JRD United Church of Christ. The request is for a church that is approximately 6,000 square feet in size to be located on 4.09 acres.
CURRENT ZONING: Project does lie within the County Zoned area (Agriculture/Single-Family Residential 1 unit per acre).
PLANNING AREA: This project is located in the City of Fayetteville Planning Area.
QUORUM COURT DISTRICT: District 9, JP Butch Pond FIRE SERVICE AREA: Nob Hill SCHOOL DISTRICT: Springdale
INFRASTRUCTURE: Water-Fayetteville Electric-Ozarks Electric Natural Gas-Arkansas Western Gas Telephone-AT&T Cable- Cox Communications
BACKGROUND/ PROJECT SYNOPSIS:
The owner of this property is the Daniel Byron Mason Living Trust. The applicant for the project is John Duncan Campbell of Associated Brokers Co. Realty. This property is located in between 4956 and 5106 Butterfield Coach (Old Wire) Road (WC#87), and has access off of Butterfield Coach Road.
The CUP request is to allow a church that is approximately 6,000 square feet in size to be located on a 4.09-acre lot. The church will include a 200-person sanctuary, a fellowship hall, Sunday school room, offices, a conference room, restrooms, and a warming kitchen. Office hours are from 9:00a.m. to 4:00p.m. with services on Sunday mornings and evenings. Smaller daytime services will be held on during other days of the week. In addition, special holiday and other services (such as Christmas, Easter, weddings, and funerals) will be held. (Please see applicant’s letters for more information, page C-13-C-14).
This parcel is located in a platted subdivision, Lot 5 of Zion Place (Page C-34). Initially, due to the way computer records are stored online, staff research did not find any covenants or restrictions for this subdivision. However, a neighbor in the subdivision provided staff with a copy of the covenants (page C-27-C-32). These covenants state that only residential uses will be allowed. George Butler, Washington County Attorney researched this issue and his legal opinion is that the Board cannot consider these covenants when reviewing this project. Approval by the County will not impede neighbors if they decide to enforce the covenants through legal means. (See email page C-21).
TECHNICAL CONCERNS:
Some of these conditions will be addressed at Preliminary and Final Large Scale Development if this proposal receives the requested Conditional Use Permit.
Water/Plumbing/Fire Issues:
City of Fayetteville Water utility services (provides drinking water to) this property. The nearest hydrant to this property is serviced by Springdale Water.
Shannon Jones of City of Fayetteville Engineering commented that the water easements must be a minimum of 20’ wide, centered on the pipe. Signs are not allowed within City of Fayetteville easements. City of Fayetteville Water noted no other concerns for this project. Springdale Water also had no concerns about this project. The nearest hydrant is located approximately 2000’ north of the project property (at the intersection of Brushwood Ave. and Butterfield Coach Road) and has a flow of 1234 gpm.
The City of Fayetteville will inspect the plumbing for this project. The applicant must contact the Building Safety Department (479-575-8233) during construction.
Captain Mark Stevens, Deputy Fire Marshal for the City of Fayetteville, commented on an earlier version of this project, but has not submitted updated comments. Initially Captain Stevens used the total square footage of the building to calculate the fire protection needs. This has been changed because the Washington County Fire Marshal, John Jenkins, is requiring a two-hour firewall separation between the sanctuary (designed to hold a maximum of 200 people) and the rest of the building.
Most of Fayetteville’s earlier concerns should be resolved by additional conditions set by the Washington County Fire Marshal. No sprinkler system will be required, but the church must have a monitored alarm system. The two-hour firewall separating the sanctuary from the rest of the church must be installed and inspected prior to occupation of the building. Lighted exit signs, fire extinguishers, emergency lighting, and panic hardware on exit doors are required. Also, a Knox Box system of entry is required near the front door. (Please see conditions for a full list of required conditions).
In addition to these conditions, the Fire Marshal also accounted for the tanker support available from Nob Hill Fire Department, as the project is located in their fire service area. Nob Hill has ISO rated tanker support of 3500 gpm.
At this time, the applicant is asking to allow a “warming kitchen” only. If the kitchen use changes from “warming” to a commercial type kitchen, several additional conditions will be required.
As building plans were not submitted, the Fire Marshal and Nob Hill Fire Chief will need to approve final building plans/layout prior to construction. They will also complete all inspections necessary during construction (firewall construction), and the final building and parking/drive inspections.
Septic:
Melissa Wonnacott-Center, Arkansas Department of Health, has reviewed and approved the submitted septic permit. Staff will have a copy of this permit prior to the Planning Board/Zoning Board of Adjustments Meeting.
Electric/Gas/Cable/Phone:
Staff did not receive many comments from utilities about this project. Generally, any damage or relocation of utilities will be at the expense of the owner/applicant. There are existing setbacks and utility easements on this property (Please see attached site sketch page C-40) that must be adhered to by this project.
Specifically, Ozarks Electric has an existing overhead power line on the north property line with a thirty-foot easement (fifteen feet on either side of the center of the line). This easement must not have any trees or building located in it. Any signage requested to be placed in the easement will be looked at on a case-by-case basis to see if the sign will interfere with the utilities.
Also, Arkansas Western Gas (AWG) has an existing 3” high-pressure main on this property along the west side of Butterfield Coach Road (the east property line of the project). Typically, the AWG easement is 20’ in width centered on the line. (It is located within the existing 40’ UE). AWG can service the new building; the meter will be placed by AWG within the utility easement. If an alternate meter location is preferred, the owner/applicant must contact AWG, and the installation will be at additional expense to the owner/applicant. Any signage requested to be placed in the easement will be looked at on a case-by-case basis to see if the sign will interfere with the utilities. Any sign placed in an easement is at the owner/applicant’s own risk as it can be removed if the utility needs to access that part of the easement.
If cable service is required, the applicant must contact Cox Communications prior to construction.
The City of Fayetteville Water Department also commented about the UEs. These comments are located in the “Water, Plumbing, Fire Issues” Section of this staff report.
Roads/Sight Visibility/Ingress-Egress/Parking:
The Washington County Road Department requires a 20’ (in depth) hard surface at the entrance of the property. Any work to be completed in the County ROW must be permitted prior to beginning construction.
Planning staff visited the site and has no concern with sight visibility/distance. Staff will reconfirm once the entrance location is finalized on the LSD plans.
For fire safety purposes, either two, 20’ wide entrances, or one, 40’ wide entrance is required for access. All entrance drives and parking areas must support 75,000lbs in all weather conditions to ensure fire apparatus access. A 20’ fire lane is required around the building for access. Mr. Jenkins, Washington County Fire Marshal, and the Nob Hill Fire Chief must approve the final layout of all drives and parking areas at the Large Scale Development stage. They will also complete the final inspection of the site.
According to the City of Fayetteville’s Master Street Plan, Butterfield Coach Road is designated as a Minor Arterial Street, which requires a total right-of-way width of 85’, or 42.5’ from the centerline of the road. This must be reflected on the plans for this project.
A minimum of 63 parking spaces are required (3 must be handicapped accessible).
Drainage:
There have been some concerns about drainage from neighbors. These concerns include increased runoff (due to the increase of hard-surface area), the direction the drainage runs across this property, and a possible backup of water on a neighbor if certain areas of the property are developed. Clay Grote, Washington County Contract Engineer, will require a full drainage study at Preliminary LSD. These issues will be addressed at that time.
Environmental Concerns:
At this time, no stormwater permit is required by Washington County; however, the applicant must comply with all rules and regulation of the Arkansas Department of Environmental Quality (ADEQ).
Signage/Lighting/Screening Concerns:
The applicant has requested a sign that is 5’ x 6’ with indirect lighting that is a maximum of 8’ in height. This is slightly larger than what the City of Fayetteville typically allows in this type of area, but staff does not feel that it will be obtrusive. The sign cannot be placed in the County Road right-of-way, or in the utility easements.
Any outdoor lighting must be shielded from neighboring properties. Any lighting must be indirect and not cause disturbance to drivers or neighbors. All security lighting must be shielded appropriately. (See attached diagram for examples, page C-18).
The applicant has submitted a written screening plan for this project (page C-15). Staff is also recommending a 40’ rear (Western) setback (see plan page C-40) in addition to setbacks/screening areas for plantings on the North and South property lines.
In addition, Staff asked the applicant to contact the neighbors directly adjacent to the project site for their input on screening for this project. At this time, the applicant only has been able to contact one of these neighbors (to the North). This neighbor felt that the screening plan the applicant presented to him would be helpful at mitigating the impact of the project. Staff feels that the applicant should continue to try and contact the other neighbor. Staff feels that this is very important due to the close proximity of the North and South neighbors to this project. Staff does not feel comfortable recommending approval without additional input from the Southern neighbor. Staff will update the Board at the meeting about this issue.
City of Fayetteville Comments:
Please see the statement from the Jesse Fulcher, Current Planner for the City of Fayetteville (page C-19-C-20). The City of Fayetteville feels the “The church use, while not residential, is traditionally a low impact nonresidential use that will serve the surrounding community”. Fayetteville feels that the proposed use can be compatible with the surrounding area if certain conditions are implemented to keep the residential nature intact.
COMPATIBILITY CONCERNS:
Surrounding Area:
The surrounding uses are primarily Agricultural or Single-Family Residential. There is a church/cemetery use to the south of this property (just south of the intersection of Zion Road and Butterfield Coach Road). To the north of this property, the use remains mainly residential until the intersection of Butterfield Coach Road and Electric Avenue (there is a school), within the City of Springdale. (Page C-38).
County’s Land Use Plan (written document):
According to the County’s Land Use Plan,
Continuing with the primary goal of retaining the rural characteristics of Washington County, light commercial uses should be allowed if:
a. Not incompatible with adjacent residential and agricultural uses; or by conditions placed on such to mitigate its impact. Together with community facilities and compatible residential uses, this use typically serves as a buffer between general commercial and strictly residential uses.
Staff feels that this project meets the goal of the County’s Land Use Plan. A church use is compatible to residential uses because it is low impact and will not disrupt the normal development of this area. Several of the goals in the Land Use Plan are met specifically by this project, including: having adequate access, fire protection available, not burdensome to the existing infrastructure available in this area, and adequate soils for the approved septic system that will service this project.
Staff feels that the proposed use will not cause a negative impact on the surrounding properties. It will not will not be detrimental to or endanger the public health, safety, morals, comfort, or general welfare.
Future Land Use Plan
The Future Land Use Plan for this area shows that it is “Residential (compatible to surrounding densities)” (page C-39). The proposed use of a church is not residential, but staff feels that it is compatible. Due to the low impact nature of this use, and recommended conditions, this project will be compatible with the surrounding uses.
NEIGHBOR COMMENTS/CONCERNS:
Staff has received two comments from neighbors. Both are opposed to the proposed use. (Page C-24-C-32). One neighbor is concerned about runoff (drainage) and increased traffic, and the other is concerned that this use does not meet the covenants set for the subdivision.
A third neighbor called in (and might submit written comments). He is also opposed to this project because he is concerned that allowing this use will bring other types of development to the subdivision.
Staff will provide the Planning Board Members with any additional comments that are submitted at the Planning Board Meeting.
STAFF RECOMMENDATION: If the screening issue is resolved, Staff will recommend for the Approval of the proposed JRD United Church of Christ Conditional Use Permit with the following conditions:
Water/Plumbing/Fire Conditions:
1. The City of Fayetteville will inspect the plumbing for this project. The applicant must contact the Building Safety Department (479-575-8233).
2. No sprinkler system will be required, but the church must have a monitored alarm system.
3. The two-hour firewall separating the sanctuary from the rest of the church must be installed and inspected prior to occupation of the building.
4. Lighted exit signs, fire extinguishers, emergency lighting, and panic hardware on exit doors are required.
5. Knox Box system of entry is required near the front door.
6. A “warming kitchen” only is allowed. If the kitchen use changes from “warming” to a commercial type kitchen, several additional conditions will be required.
7. Church should be approximately sized as proposed, approximately 6,000 sq ft.
8. Facility should be entirely sheet rocked prior to use as an assembly area.
9. As building plans were not submitted, the Fire Marshal and Nob Hill Fire Chief will need to approve final building plans/layout prior to construction. They will also complete all inspections necessary during construction (firewall construction), and the final building and parking/drive inspections.
Septic Conditions:
10. No parking is allowed on any portion of the septic system. (No overflow parking either).
11. Septic system must be installed and inspected before the building is occupied.
12. Need to know exact locations and sizes of system and alternate areas.
Roads/Sight Visibility/Ingress-Egress/Parking Conditions:
13. The Washington County Road Department requires an apron to connect entrance drives to the County Road. The apron(s) must be paved (asphalt or concrete) and at least 20’ in depth.
14. Any work to be completed in the County ROW must be permitted prior to beginning construction.
15. Staff will review sight visibility/distance once the entrance location is finalized on the LSD plans.
16. Two entrance drives are preferred for fire access. Entrance Drives must be at least 20’ in width. If only using single drive, it must be a minimum of 40’ in width.
17. All entrance drives and parking areas must support 75,000lbs in all weather conditions. (Engineer statement is required).
18. A 20’ fire lane is required around the building for access.
19. Mr. Jenkins, Washington County Fire Marshal, and the Nob Hill Fire Chief must approve the final layout of all drives and parking areas at the Large Scale Development stage.
20. Mr. Jenkins, Washington County Fire Marshal, and the Nob Hill Fire Chief will also complete the final inspection of the site.
21. According to the City of Fayetteville’s Master Street Plan, Butterfield Coach Road is designated as a Minor Arterial Street, which requires a total right-of-way width of 85’, or 42.5’ from the centerline of the road. This must be reflected on the LSD plans for this project.
22. A minimum of 63 parking spaces are required (3 must be designated for handicapped).
23. On-street parking prohibited. No backing onto Butterfield Coach Road will be allowed. The parking area must provide adequate turn-around areas.
24. Provide screening for parking area.
25. At Final LSD: Need a statement that ADA access from ADA parking spaces to the building is in place prior to building occupation.
Drainage Conditions:
26. A full drainage study is required at Preliminary LSD.
Environmental Conditions:
27. At this time, no stormwater permit is required by Washington County; however, the applicant must comply with all rules and regulation of the Arkansas Department of Environmental Quality (ADEQ).
Signage/Lighting/Screening Conditions:
28. Signage should be installed approximately as indicated: a sign that is 5’ x 6’ with indirect lighting that is a maximum of 8’ in height. Any changes must be reviewed and approved by Planning Staff.
29. Sign placement must be approved by Planning Staff at Preliminary LSD.
30. Signage cannot be placed in the County Road right-of-way, or in the utility easements (see utility comments for exceptions).
31. Any outdoor lighting must be shielded from neighboring properties. Any lighting must be indirect and not cause disturbance to drivers or neighbors. All security lighting must be shielded appropriately.
32. Screening is required. The applicant has submitted a general (written) plan for the screening on this property. Further details will be provided to the Board at the meeting.
33. A 40’ buffer along the West property line must be preserved. There are several trees that have damage from the recent ice storm that may be trimmed or removed if necessary, but the remaining vegetation is in good condition and should be left to create a buffer.
34. A 25’ setback/screening area must be in place for the South side of this property. A 15’ setback/screening area must be in place on the North side of this property (in addition to the 15’ Utility Easement. The UE is Ozarks Electric overhead power line. No trees or buildings are allowed in this easement).
35. A planting plan showing the screening must be completed at Preliminary LSD (Planning Staff must approve the plans).
36. Installation size of the screening materials will be researched further by Staff, and a recommendation will be made to the Board at the meeting.
General Conditions:
37. Hours of operation, days, and day-to-day operations should be generally as stated by the applicant: 9:00a.m. to 4:00p.m., services on Sunday mornings and evenings. Smaller daytime meetings will be held throughout the week. Cleaning, maintenance and deacon meetings will take place approximately once a week. Special holiday and other services (such as Christmas and weddings) will also take place.
38. Number of employees should be generally as stated by the applicant: 4 to 8 staff/elders present during office hours.
39. Only the uses proposed are allowed; no additional uses unless additional review takes place.
40. Generally restrict grading and tree removal only to that necessary for development.
41. Applicant must proceed through LSD process if the CUP is granted.
42. If there will there be a dumpster onsite, where will it be located? Screening (opaque) for the dumpster enclosure (gate must also be opaque) shall be required at LSD.
43. Pay Mailing Fees of $20.34. (Invoice was mailed to applicant on 12/18/09).
44. Any further splitting or land development not considered with this approval must be reviewed by the Washington County Planning Board/Zoning Board of Adjustments.
Utility Conditions:
45. There are existing setbacks and utility easements on this property that must be adhered to by this project.
46. City of Fayetteville Water easements must be a minimum of 20’ wide, centered on the pipe.
47. Signs are not allowed within City of Fayetteville easements.
48. Any damage or relocation of utilities will be at the expense of the owner/applicant.
49. Ozarks Electric has an existing overhead power line on the north property line with a thirty-foot easement (fifteen feet on either side of the center of the line).
50. The Ozarks Electric easement must not have any trees or building located in it.
51. Any signage requested to be placed in the Ozarks Electric and/or AWG easement will be looked at on a case-by-case basis to see if the sign will interfere with the utilities.
52. Arkansas Western Gas (AWG) has and existing 3” high-pressure main on this property along the west side of Butterfield Coach Road (so, the east property line of the project). The AWG easement is 20’ in width centered on the line. (Within the existing 40’ UE).
53. AWG can service the new building; the meter will be placed by AWG within the utility easement. If an alternate meter location is preferred, the owner/applicant must contact AWG, and the installation will be at the owner/applicant’s expense.
54. Any signage requested to be placed in the easement will be looked at on a case-by-case basis to see if the sign will interfere with the utilities.
55. If cable service is required, the applicant must contact Cox Communications prior to construction.
John Duncan Campbell was present to answer any questions.
Juliet Richey, Washington County Planning Director, stated, “ I want to do some comparison on this project, it is a similar type project as the one you just heard. The difference is that this church would be built in a neighboring subdivision community. It is not a subdivision like you would normally think of, though. There are no interior streets; mist lots are quite large and front onto main existing roads. Churches are almost always built in neighborhood communities, much like schools. They are usually in neighborhoods (much like this one) which have a higher traffic volume, usually on more major roads.”
This building would be 6000 square feet; 200 person capacity. The placement of church would be in a subdivision with covenants. Juliet wanted planning board members to consider what kind of impact that a church in a subdivision area would be like, and also that covenants cannot be considered.
Courtney McNair, Washington County Senior Planner, commented, “This is a Conditional Use Permit for: JRD Church of Christ. It is located on the east side of Fayetteville near the Springdale city limits, near Butterfield Coach Road. There is controversy on this project because of the covenants (which state only residential structures are allowed). Once again, Courtney stated they could not consider the covenants as part of there approval. Courtney went on to show planning board members the type of environment that would reside near this structure. She went on to refer to the parking and there would be a playground area. This would be a 6000 square foot structure; 200 person capacity. Office hours would be approximately from 9:00am to 4:00pm, with services on Sunday mornings & evenings. Smaller daytime services would be held during the week. Then of course, they would have other events like Christmas, Easter, weddings and funerals. This building would not have to have a sprinkler system installed, but would have to have a monitored fire alarm installed. Of course it would have to be inspected before occupancy. No building plans were submitted; this would have to be done prior to any building (at LSD). Courtney spoke of types of inspections that would have to done. Also they would need to have septic approvals, right of way, just to mention some, also it would have to meet Fayetteville standards for drainage. Screening will have to be provided.
Comments from the audience:
Mr.Fred Alaniz was the first property owner to speak. He and his wife own a 4-acre lot with 2,300 square-foot home; he built there because of the private rural setting and the covenants. Mr. Alaniz and his neighbors are very discouraged of this. They thought were protected by the covenants and are considering a lawsuit. They do not want a church in there back yard. According to covenants, this area is only intended for homes and not churches. Mr. Alaniz stated that he and other property owners enjoyed their large lots and nice homes and too they completely intend to stay there. They have concerns about rainwater run off, noise and traffic. Mr.Alaniz and other property owners have similar concerns, to the point of taking it to court.
Other property owners within the area came forward and expressed similar sentiments.
Planning board members Kenley Haley said she struggled with this. Larry Walker said he really hoped church members would find another site.
Larry Walker moved to approve JRD Church of Christ Conditional Use Permit with conditions. Robert Daugherty seconded. Motion passes. Randy Laney abstained.
County
d. Stephens Red Dirt Pit CUP (Conditional Use Permit Request)
Cheryl West moved to table Stephens Red Dirt Pit Conditional Use Permit. Roy Hummel seconded. Motion passes.
All Board members were in favor of tabling Stephens Red Dirt Pit Conditional Use Permit.
5. OLD BUSINESS
6. OTHER BUSINESS
Juliet Richey, Washington County Planning Director, stated, “ More specific- January 27,2010, 9:00- 11:00 a.m.”
Richey stated, “ June or July, 2010”
Randy Laney moved to adjourn. Bob Daugherty seconded; all in favor. Motion passes.
Planning Board adjourned.
Minutes submitted by: Janie Parker
Approved by the Planning Board on:
___________________________________ Date: __________
Randy Laney, Planning Board Chairman