5/16/2011
            
                Honorable Mayor and Councilors
                City Manager                  
                City Attorney                 
                Clerk of Council
            
            Subject: (EXCP 3-11-1615) Special Exception Use request for a place of worship on less  
  
 than two acres located at 3722 and 3732 Mulberry Drive.
            
            Reverend Dr. Henry L. Burnette on behalf of Grace & Truth Missionary Baptist  
  
 Church has submitted an application for a Special Exception Use cited above.  
  
 The property is located in a SFR2 (Single Family Residential 2) zoning  
  
 district. This place of worship has been in existence for many years at this  
  
 location and has been deemed a legal non-conforming use. The applicant would  
  
 like to expand the building, however, expansion of a legal non-conforming use  
  
 is prohibited. The applicant is making a request to permit a place of worship  
  
 on less than two acres that will bring the subject property into compliance  
  
 therefore allowing expansion of the building:
            
                - 
                    Access. - Is or will the type of street providing access to the use be adequate to serve the proposed special exception use?
                    
                        Mulberry Drive is classified as a local road with two lanes that will provide  
  
 adequate access for the proposed use. The driveway/access entering the site  
  
 shall be improved in order to accommodate the flow of traffic during the hours  
  
 of service for the use.
                    
                 
                - 
                    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 traffic flow, and access by emergency vehicles?
                    
                        The site plan indicates one ingress/egress point, which maintains adequate flow  
  
 of traffic to and from the subject property.  The proposed use will utilize  
  
 their adjacent property at 3732 Mulberry Drive for off ?street parking, which  
  
 will contribute to pedestrian safety and easy access for emergency vehicles  
  
 moving along Mulberry Drive. 
                    
                 
                - 
                    Adequacy of Public Facilities. -  Are or will public facilities such as schools, water or sewer utilities, and police or fire protection be adequate to serve the special exception use?
                    
                        Services such as water, sewer utilities police and fire protection will be  
  
 adequate and serve the proposed use at this location. Furthermore, there will  
  
 be no impact on neighboring schools in the immediate area.
                    
                 
                - 
                    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?
                    
                        The applicant as indicated the existing vegetation would serve as a buffer to  
  
 neighboring property owners. As indicated in the site plan parking will be  
  
 located in the front of the facility, furthermore over flow parking may be  
  
 located on the adjacent lot at 3732 Mulberry Drive. For more details concerning  
  
 issues with parking, loading, external dumpsters / compactors, and light are  
  
 addressed in the UDO.  Noise impacts are addressed in the City Code.
                    
                 
                - 
                    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 hours of operation for this use will not have an adverse impact on the  
  
 neighboring properties in the area. The Church will have Bible Study on  
  
 Wednesdays from 7pm until 8pm. Choir practice from 6pm until 8pm on Thursday.  
  
 Sunday school takes place at 9:45am until 11am. Worship Services will take  
  
 place from 11am until 1pm. 
                    
                 
                - 
                    Compatibility. -  Will the height, size or location of the buildings or structures on the property be compatible with the height, size, character or location of buildings or other structures on neighboring properties?
                    
                        The height, size and location of the existing structure will be altered in a  
  
 manner that is representative of the structures in the neighborhood.  
  
 Furthermore, the existing structure is compatible with other structures on  
  
 neighboring properties in the immediate area. As indicated on the site plan  
  
 approximately 750 square-foot of space will be added to the sanctuary on the  
  
 front of the structure. 
                    
                 
            
            Council District: District 5 (Baker) 
  
  
  
 Thirty-four (34) property owners within 300 feet of the property were notified  
  
 by mail of the proposed Special Exception Use. To date, the Planning Department  
  
 has not received any comments in opposition to this request.  
  
  
  
 The Planning Advisory Commission recommended approval at the April 20, 2011  
  
 meeting.   
  
  
  
 The Planning Department recommends that the Council approve the use because the  
  
 application for a Special Exception use meets the criteria for approval.