Subject: (SEU0806-1) Special Exception Use request operate a church on less than two (2)
acres of land at 3702 Buena Vista Road.
Gateways Assemblies of God, Inc. submitted an application for the Special
Exception Use cited above. The property is located in a NC (Neighborhood
Commercial) District. The proposed text amendment will allow places of worship
on properties less than 2 acres but greater than 1 acre as Special Exception
Uses in all zones except, MHP, LMI, and HMI. The purpose of the Special
Exception Use is to operate a place of worship meeting the aforementioned
criteria as a Special Exception Use. If the text amendment is approved by
Council, places of worship, between 1 acre and 2 acres, shall be permitted in
all zoning districts, except MHP, LMI, and HMI, only on a site-specific basis
upon approval of the Council based upon the following criteria and conditions:
(1) Access: Is or will the type of street providing access to the use be
adequate to serve the proposed special exception use?
Access to the property is adequate for the proposed use.
(2) Traffic and Pedestrian Safety: Is or will access into and out of the
property be adequate to provide for traffic and pedestrian safety, the
anticipated volume of the traffic flow, and access by emergency vehicles?
There will be no impact to the transportation system nor will there be any
impact to pedestrian safety.
(3) Adequacy of Public Facilities: Are or will public facilities such as
school, water, or sewer utilities and police and fire protection be adequate to
serve the special exception use?
There will be no impact to public facilities.
(4) Protection from Adverse Affects: Are or will refuse, service, parking and
loading areas on the property be located or screened to protect other
properties in the area from such adverse effects as noise, light, glare or odor?
It will not adversely affect surrounding properties.
(5) Hours of Operation: Will the hours and manner of operation of the special
exception use have no adverse effects on other properties in the area?
The neighboring properties should not be affected by the proposed use. The
church proposes to operate mainly on Wednesdays and Sundays.
(6) Compatibility: Will the height, size, or location of the buildings or other
structures on the property be compatible with the height, size, character, or
location of buildings or other structures on neighboring properties?
The proposed use will be compatible with neighboring properties.
Eighteen (18) property owners within 300 feet of the parcel were notified by
letter of the proposed Special Exception Use. To date, the Planning Department
has received two comments opposing the Special Exception Use request.
The main concern voiced by surrounding property owners is the impact of a
church on alcohol sales. Per the Revenue Division, a church will not affect
the renewal of an alcoholic beverage license as long as there are no changes in
the business activity, the type of alcoholic beverages sold (whether on or off
premises) and the location does not change. The same standards apply if a new
owner / leasee takes over said business.
The Planning Advisory Commission recommended approval at the July 16, 2008
meeting.
The Planning Department recommends that the Council approve the use because the
application for a Special Exception Use meets the criteria for approval.
Respectfully,
SEU0806-1