City Council

Agenda Request

Agenda Of:

10/17/06

Agenda Request No:

III D

Initiated By:

travis tanner, planner ii

Responsible Department:

planning

Presented By:

travis tanner

Department Head:

sabine somers-kuenzel, aicp

director of planning

 

 

Additional Department. Head (s):

n/a

Subject / Proceeding:

request for a conditional use permit (cup) to expand existing church facilities located at 2011 austin parkway, in the townhouse residential (r-3) district

second reading of ordinance no. 1593

Exhibits:

staff report, vicinity map, ordinance no. 1593, plat excerpt, Aerial photograph, site photos, public hearing notice

Clearances

Approval

Legal:

Meredith Wilganowski,

Assistant City Attorney

Executive Director:

Jim Callaway,
community development

Purchasing:

n/a

Asst. City Manager:

n/a

Budget:

n/a

City Manager:

Allen Bogard

Budget

Expenditure Required:  $

n/a

Amount Budgeted/Reallocation:  $

n/a

Additional Appropriation:  $

n/a

Recommended Action

The Planning and Zoning Commission recommended approval of Ordinance No. 1593 for a Conditional Use Permit (CUP) to expand existing church facilities located in the Townhouse Residential (R-3) district.

Executive Summary

This is a request for a Conditional Use Permit (CUP) to expand existing church facilities in the Townhouse Residential (R-3) District.  The site, consisting of five acres, is located at 2011 Austin Parkway.  A Public Hearing was held for this item at the May 9, 2006 Planning and Zoning Commission meeting, where the applicant presented an overview and the Commission provided direction to staff and the applicant with regard to items to be addressed prior to proceeding with a recommendation to the Mayor and City Council.  The Commission’s concerns were focused on parking and phasing.  Staff and the applicant provided information to address the concerns of the Commission in a proposed ordinance (see attached).  The Commission voted unanimously to recommend approval of the proposed ordinance to the Mayor and Council on September 12, 2006.  The proposed conditions are as follows:

 

§         No more than 17,650 square feet of building space may be added during Phase One expansion.

§         No more than 31,230 square feet of building space may be added during Phase Two expansion.

§         A future sanctuary including up to 600 seats may be added during Phase Two expansion, not including the above 31,230 square feet.

§         A building permit for Phase One will be attained within one year of the granting of the ordinance and the building will be fully established and operational within two years.

§         A building permit for Phase Two will be attained within five years of the granting of the ordinance and the building will be fully established and operational within six years.

 

This property was platted in 1987 under Grants Lake Section Two Reserve “F” Replat, and the City granted a CUP in 1993 (Ordinance No. 838), enabling construction of the existing building.  This was prior to the current zoning regulations, which were adopted in 1997.  The proposed CUP would add to the current building in the form of approximately 50,000 additional square feet of space, plus a future sanctuary with up to 600 seats.  This CUP is not for the addition of a private school at this site.

 

After a full evaluation of the proposed church expansion plans and comparison with the adjacent zoning and surrounding properties, staff has concluded that the expansion is compatible and appropriate under the conceptual site plan provided by the applicant and the proposed phasing.  The request is also not in conflict with the Future Land Use Plan or any other elements of the Comprehensive Plan.

Exhibits

DETAILED STAFF REPORT

PUBLIC HEARING NOTICE:

Notice of this public hearing was published in a newspaper of general circulation in accordance with the Development Code and provisions of the Texas Local Government Code.  All property owners within 200 feet of the site were notified via mail and, in addition, a courtesy notification sign was placed at the site.  The notice was also placed on the City website.  At this time, staff has received two inquiries from the public.  Both were informational in nature.  No objection has been expressed.

GENERAL SITE INFORMATION AND ANALYSIS:

The following is a summary of general site information. 

 

Adjacent Zoning

 

 

 

Northeast:

Townhouse Residential (R-3)

Southeast:

Zero Lot Line Single-Family Residential (R-1Z)

Southwest:

Standard Single-Family Residential (R-1)

Northwest

General Business (B-2)

Site:

Townhouse Residential (R-3)

Adjacent Land Use

 

 

 

Northeast:

U.S. Postal Service

Southeast:

Fort Bend County Library

Southwest:

City of Sugar Land Water Plant Site

Northwest

Fort Bend ISD Offices and Sports Complex

Site:

Fishers of Men Lutheran Church

Comprehensive Plan

Site:

Land Use Plan indicates public uses for this property.  The request is in conformance.

 

DEVELOPMENT CODE PROVISIONS FOR CONDITIONAL USE PERMITS:

Sec. 2-22.  Standard of Review.

In reviewing the application, the Commission and Council will consider the impact the proposed use would have on surrounding premises and the community, including traffic, noise, and property values; any conditions or restrictions that could mitigate any adverse impact; and other matters that are relevant to a determination of whether the use would be a compatible and appropriate use of the premises.

 

Sec. 2-23.  Conditions.

The Commission may recommend, and the Council may impose, reasonable conditions and restrictions in the granting of a permit to mitigate any adverse impacts of the proposed use. The conditions must be specified in the ordinance approving the permit.  The Commission may recommend, and the Council may impose, reasonable conditions and restrictions in the granting of a permit to mitigate any adverse impacts of the proposed use. The conditions must be specified in the ordinance.

 

CASE OVERVIEW AND ANALYSIS:

Case Overview:

The subject property is located in the Townhouse Residential (R-3) zoning district.  It is currently home to the Fishers of Men Lutheran Church.  Construction of the existing buildings was allowed in 1993 as part of a CUP under Ordinance No. 838.  The Church did not fully expand to the campus layout indicated on the 1993 plan, and approached the Planning Department about new plans.  Although similar in concept, the revised site plan contained layout changes significant enough to trigger a CUP amendment.  In particular, the proposed building placement on the property was substantially different, and eliminated vehicular access along the rear property line of the site.  Staff determined that the changes warranted a new CUP for further expansion.

 

Approximately 400 members worship at this facility on a weekly basis and the church continues to grow, according to the applicant.  To accommodate this growth, the church has requested a new CUP that would allow roughly 50,000 square feet of additional space.  This square footage does not include the 600-seat sanctuary that is planned for the future (calculation of the required number of parking spaces for a church is based on the number of seats).  This CUP is not for a private school.  The parking, as seen on the conceptual site plan, is adequate for the proposed additions.  Building and parking setbacks are also in compliance with all Development Code requirements. 

 

Parking and Traffic Circulation:

Based on the CUP Layout Plan, the proposed number of parking spaces is adequate for the requested building additions.  According to the applicant, the proposed plan will result in improved circulation.  Increased traffic resulting from additional development will be addressed administratively at the time when a site plan is submitted for review by City staff.  A Traffic Impact Analysis (TIA) may be necessary as part of the standard site plan process handled administratively, and the applicant would be required to mitigate any negative traffic impacts.  This request does not include a private school, implying a lesser degree of traffic concerns.

 

Compatibility with Future Land Use Plan and Area:

Although zoned R-3 for Townhouse Residential use, the Future Land Use Plan indicates a desire for public uses to be located in this specific area.  According to the Comprehensive Plan, this includes churches, public and private schools, government buildings, and libraries.  The proposed use is in accordance with the Comprehensive Plan.

Conclusions:

·        A new CUP for expansion is based on a use previously approved by City Council in 1993

·        Existing Use and proposed expansion are not in conflict with the Comprehensive Plan

·        CUP Layout Plan complies with all Development Code provisions for parking and setbacks

·        Applicant proposal for phasing can be incorporated into the CUP as specific conditions, and the phasing has specific square footage limitations per draft CUP ordinance as follows:

(1)        No more than 17,650 square feet of building space may be added during Phase One expansion.

 

(2)        No more than 31,230 square feet of building space may be added during Phase Two expansion.

 

(3)        A future sanctuary including up to 600 seats may be added during Phase Two expansion, not including the above 31,230 square feet.

 

(4)        A building permit for Phase One will be attained within one year of the granting of the ordinance and the building will be fully established and operational within two years.

 

(5)        A building permit for Phase Two will be attained within five years of the granting of the ordinance and the building will be fully established and operational within six years.

·        Current City codes require adequate parking at all times of building expansion and proposed plan provides a master layout in compliance with current Development Code regulations

·        Surrounding uses and districts appear compatible with existing use and expansion

 

File No. 6642

CC Bret Keast, bret@lanekendig.com

Vicinity Map:

ORDINANCE NO. 1593

 

AN ORDINANCE OF THE CITY OF SUGAR LAND, TEXAS, GRANTING A CONDITIONAL USE PERMIT FOR THE EXPANSION OF AN EXISTING BUILDING LOCATED AT 2011 AUSTIN PARKWAY.

 

            WHEREAS, Fishers of Men Lutheran Church has applied for a conditional use permit to expand their existing church building in a Townhouse Residential (R-3) zoning district for the real property located at 2011 Austin Parkway; and

 

            WHEREAS, the Planning and Zoning Commission recommends the permit be approved; NOW, THEREFORE;

 

BE IT ORDAINED BY THE CITY COUNCIL

OF THE CITY OF SUGAR LAND, TEXAS:

 

            Section 1.  That a conditional use permit to expand an existing church building (SIC No. 8661; Religious Organizations) is granted, being all of the property described in the Grants Lake Section Two Reserve “F” Replat, Slide No. 916, Fort Bend County Plat Records, Elijah Alcorn League, Abstract 1, Fort Bend County, Texas.

 

            Section 2.  That the permit is subject to the following conditions:

 

(1)        No more than 17,650 square feet of building space may be added during Phase One expansion.

 

(2)        No more than 31,230 square feet of building space may be added during Phase Two expansion.

 

(3)        A future sanctuary including up to 600 seats may be added during Phase Two expansion, not including the above 31,230 square feet.

 

(4)        A building permit for Phase One will be attained within one year of the granting of the ordinance and the building will be fully established and operational within two years.

 

(5)        A building permit for Phase Two will be attained within five years of the granting of the ordinance and the building will be fully established and operational within six years.

 

            Section 3.  That the premises will be developed, operated, and maintained in accordance with the ordinances of the City of Sugar Land and in accordance with the site plan dated March 20, 2006 shown in Exhibit A, attached to and incorporated into this ordinance by reference.  If there is a conflict between a provision of this ordinance and a provision of the Code of Ordinances or the Sugar Land Development Code, the more stringent provision controls.

 

            Section 4.  That any person found guilty of violating this ordinance will be fined not more than $2,000 for each offense. 

           

           

 

 

 

            APPROVED on first consideration on __________________, 2006.

 

            ADOPTED upon second consideration on _______________, 2006.

 

 

 

                                                                        ________________________

                                                                        David G. Wallace, Mayor

 

ATTEST:

 

 

 

_____________________________

Glenda Gundermann, City Secretary

 

Reviewed for Legal Compliance:

 

 

 

 

 

Attachments:   Exhibit A – Site Plan

 

 

 

 

EXHIBIT A

 

Recorded Plat Excerpt:

Aerial Photograph:

Site Photos:

 

VIEW OF SITE FROM AUSTIN PARKWAY/GRANTS LAKE BLVD. INTERSECTION

 

VACANT/PROPOSED DEVELOPMENT AREA

Public Hearing Notice:

 

NOTICE OF PUBLIC HEARING

 

NOTICE OF PUBLIC HEARING REGARDING A PROPOSAL FOR A CONDITIONAL USE PERMIT FOR THE EXPANSION OF AN EXISTING CHURCH FACILITY LOCATED AT 2011 AUSTIN PARKWAY IN THE TOWNHOUSE RESIDENTIAL (R-3) DISTRICT

 

FURTHER DESCRIBED AS APPROXIMATELY FIVE ACRES ON THE EAST SIDE OF AUSTIN PARKWAY, DIRECTLY NORTH OF GRANTS LAKE BOULEVARD, PLATTED AS GRANTS LAKE SECTION TWO RESERVE “F” REPLAT, SLIDE NO. 916A OF THE FORT BEND COUNTY PLAT RECORDS, LOCATED IN THE ELIJAH ALCORN LEAGUE, ABSTRACT NO. 1, FORT BEND COUNTY, TEXAS.

 

PURPOSE:     One (1) public hearing shall be held at which all persons interested in the proposed conditional use permit (CUP) request shall be given an opportunity to be heard.

 

WHERE:        CITY OF SUGAR LAND CITY COUNCIL CHAMBER

                        CITY HALL

2700 TOWN CENTER BOULEVARD NORTH

SUGAR LAND, TEXAS

 

WHEN:           CITY OF SUGAR LAND

CITY MEETING

6:00 P.M., OCTOBER 17, 2006

 

DETAILS OF THE PROPOSED CONDITIONAL USE PERMIT MAY BE OBTAINED FROM THE PLANNING OFFICE, CITY OF SUGAR LAND, CITY HALL, 2700 TOWN CENTER BOULEVARD NORTH, SUGAR LAND, TEXAS, MONDAY THROUGH FRIDAY FROM 8:00 O'CLOCK A.M. TO 5:00 O'CLOCK P.M. OR YOU MAY CALL (281) 275-2218 FOR ADDITIONAL INFORMATION.