TO: Mayor and Members of City Council
THRU: Kelly Olivera - Assistant City Manager
Dr. Gerald Newton, AICP - Development Services Director
FROM: Craig M. Harmon, CZO - Senior Planner
DATE: January 9, 2023
RE:
Title
SUP23-01. Special Use Permit to allow a religious institution to reduce the required 500-foot distance separation between adult entertainment, bars, nightclubs, and a religious institution to be located at 929 Bragg Boulevard (REID # 0437172966000), zoned as Community Commercial (CC), totaling 1.15 acres ± and being the property of Peter Stewart, Paula Stewart, George Stewart III, Richard Gochnauer, Richard Bleakley Jr, Catherine Groschan, Louise Barrett, John Stewart, Mary Stokes, Peter Stewart, John Kirkman Trustee, Sandra Kirkman Higgins Trustee.
end
COUNCIL DISTRICT(S):
Council District(s)
2 - Shakeyla Ingram
b
Relationship To Strategic Plan:
Strategic Operating Plan FY 2021
Goals 2026
Goal 2: Responsible City Government Supporting a Diverse and Viable Economy
• Objective 2.4 - Sustain a favorable development climate to encourage business growth
Goal 3: City Investment in Today and Tomorrow
• Objective 3.2 - Manage the City's future growth and strategic land use
Executive Summary:
Evidentiary Hearing
During an Evidentiary Hearing, the burden of demonstrating that an application complies with applicable review and approval standards of this Ordinance is on the applicant, which shall be demonstrated by competent, material, and substantial evidence. The burden is not on the City or other parties to show that the standards have not been met by the applicant.
This request is not to approve the use as religious institutions are allowed by right in the Community Commercial (CC) zoning district; however, a distance of 500-feet is required between a religious institution and a bar/nightclub. This is a request for a Special Use Permit to allow a religious institution to reduce the required 500-feet distance separation between the religious institution and an existing bar/nightclub to 185-feet. The lot is located south of Bragg Boulevard and west of Martin Luther King Jr. Freeway.
Background:
Owner: Peter Stewart, Paula Stewart, George Stewart III, Richard Gochnauer, Richard Bleakley Jr, Catherine Groschan, Louise Barrett, John Stewart, Mary Stokes, Peter Stewart, John Kirkman Trustee, Sandra Kirkman Higgins Trustee.
Applicant: Stephanie Davis All In Ministries
Requested Action: SUP - Reduction in Separation Standards
Properties Addresses: 929 Bragg Boulevard
Council District: 2 - Shakeyla Ingram
Status of Properties: Developed
Size: Approximately 1.15 acres ±
Adjoining Land Use & Zoning:
• North: CC - Commercial
• South: MR-5 - Single-Family Residential
• West: CC - Commercial
• East: CC - Commercial
Letters Mailed: 228
Land Use Plan: Commercial Strip Redevelopment
Additional Reviews:
A Technical Review Committee (TRC) examination was conducted as part of the Special Use Permit process. However, this use is allowed in the zoning district so a complete review of the project will be conducted as part of the Development Review process to ensure the development meets all development standards for the use.
In general development comments were received, but specific comments were also provided. Specific comments included:
1. Traffic Services - A new driveway permit will be needed.
Issues/Analysis:
History
On August 23, 2021, the City Council approved a similar SUP to allow a religious institution to reduce the required 500-feet distance separation between adult entertainment, bars, and nightclubs located at 901-907 Bragg Boulevard. This property is on the same side of Bragg Boulevard, approximately 290 feet east of the property in question in this application. Both applications seek relief from the same adult entertainment, bar, and nightclub known as Secrets Cabaret.
Surrounding Area
This site is located on the south of Bragg Boulevard and west of Martin Luther King Jr. Freeway. This portion of Bragg Boulevard is a heavily commercialized area. To the north, east and west of the site are several commercial buildings and uses. Across Bragg Boulevard to the northwest is an adult entertainment use that also serves as a bar and nightclub, Secrets Cabaret.
Special Use Permit Request
A religious institution is requesting a Special Use Permit to reduce the 500-foot distance separation between adult entertainment uses, bars, and nightclubs, and religious institutions to 300 feet. The site is currently zoned as Community Commercial (CC) and is an auto dealership.
The current site has uses such as a car dealership, electronics store, retail establishments, and restaurants surrounding it on Bragg Boulevard.
Religious institutions are allowed by right in the Community Commercial (CC) zoning district. This Special Use Permit is not to allow the use, but to reduce the required distance separation. Section 30-4.C of the Unified Development Ordinance states that “separation standards may be reduced upon approval of a Special Use Permit finding that the reduction in the separation standard does not increase negative, such as natural or man-made features that create visual or physical separation between the uses.”
According to Article 30-4.C.3.g.1. of the Unified Development Ordinance, a “religious institution shall be located at least 500 linear feet from any adult entertainment use and/or bars, nightclubs and similar establishment. A religious institution is requesting to reduce this required separation from 500 feet to 185 feet, based on the site plan submitted by the applicant. The site plan submitted demonstrates that the western corner of the 907 Bragg Boulevard portion of the building is located approximately 185 feet south of the bar, Secrets Cabaret.
The 2040 Land Use Plan and Map identifies this site as being suitable for Commercial Strip Redevelopment. Commercial Strip Redevelopment is defined as a “commercial mixed use area that encourages higher density. Bragg Boulevard is classified as a Major Thoroughfare, and thus is suitable for commercial development.
Land within the City is generally classified by the Unified Development Ordinance (UDO) to be within one of a number of base zoning districts. Land may be reclassified to one of a number of comparable zoning districts in accordance with Section 30-2.C.
The SUP must meet the following findings of facts:
(1) The special use complies with all applicable standards in Section 30-4.C, Use-Specific Standards;
Currently, the Unified Development Ordinance identify the standards below for Religious Institutions:
30-4.C.3.g. Religious Institutions
Religious institutions shall comply with the following standards:
1. Religious institutions shall be located at least 500 linear feet from any adult entertainment use and/or bars, nightclubs and similar establishments.
2. Religious institutions in the AR, SF-15, SF-10, or SF-6 districts that include a school or sanctuary with a capacity of 800 persons or more shall obtain a Special Use Permit in accordance with Section 30-2.C.7.
(2) The special use is compatible with the character of surrounding lands and the uses permitted in the zoning districts(s) of surrounding lands;
The application states the religious establishment is compatible with all surrounding uses (retail and entertainment) and will support the community with encouragement and religious services.
(3) The special use avoids significant adverse impact on surrounding lands regarding service delivery, parking, loading, odors, noise, glare, and vibration;
The applicant attest to there will be no adverse impact on surrounding lands.
(4) The special use is configured to minimize adverse effects, including visual impacts of the proposed use on adjacent lands;
The applicant states the building will not be significantly altered and no visual impact upon adjacent lands.
(5) The special use avoids significant deterioration of water and air resources, wildlife habitat, scenic resources, and other natural resources;
The applicant states the religious institution is a very benign use, which will not affect the deterioration of water and air resources, wildlife habits, scenic resources and any other natural resources in the vicinity.
(6) The special use maintains safe ingress and egress onto the site and safe road conditions around the site;
The applicant attest that the current site already has multiple driveway entrances for direct access to and from Bragg Boulevard.
(7) The special use allows for the protection of property values and the ability of neighboring lands to develop the uses permitted in the zoning district; and
The applicant states that the neighborhood is already fully developed and the special use will not adversely affect property values.
(8) The Special use complies with all other relevant City, State, and Federal laws and regulations.
As depicted on the accompanying site plan for the proposed development, the use for which this SUP is requested complies with all use regulations and development standards of the City of Fayetteville. The applicant will be required to meet all applicable standards.
Budget Impact:
This action should result in no increase in City services.
Options:
1) City Council moves to approve the Special Use Permit (SUP) as presented based on the evidence submitted and finds that the Special Use Permit (SUP) meets the eight (8) findings of fact.
2) City Council moves to approve the Special Use Permit (SUP) as presented with conditions, based on the evidence submitted and finds that the Special Use Permit (SUP) meets the eight (8) findings of fact.
3) City Council moves to deny the Special Use Permit (SUP) based on the evidence submitted and finds that the Special Use Permit (SUP) fails to meet the eight (8) findings of fact.
Recommended Action:
SUPs do not have recommended actions. However, if to approve, the template is shown:
I move to APPROVE the Special Use Permit (SUP) to allow a religious institution to reduce the required 500-feet distance separation between adult entertainment uses and bars, nightclubs, and a religious institution from 500-feet to 300-feet as indicated by the supplied site map subject to all other conditions identified in and conforming to the current Unified Development Ordinance standards as presented by staff, based on the standards of the City's development code and the evidence presented during this hearing. And that the application is consistent with applicable plans because: (1) the development is located in a Community Commercial zoning district and (2) that this use complies with the findings listed and (3) the proposed permit is in the public interest because the proposed SUP does fit with the character of the area.
[Applicable to Motion to Approve] If approved, this Special Use Permit shall become effective upon the approval of the Order of Findings of Fact by the City Council. The SUP shall expire one year from its effective date if a building permit is not issued within that time.
*For a motion to approve, all eight findings below must be met:
(1) The special use will comply with all applicable standards in Section 30-4.C, Use-Specific Standards; [insert supporting facts]
(2) The special use is compatible with the character of surrounding lands and the uses permitted in the zoning district(s) of surrounding lands; [insert supporting facts]
(3) The special use avoids significant adverse impact on surrounding lands regarding service delivery, parking, loading, odors, noise, glare, and vibration; [insert supporting facts]
(4) The special use is configured to minimize adverse effects, including visual impacts of the proposed use on adjacent lands; [insert supporting facts].
(5) The special use avoids significant deterioration of water and air resources, wildlife habitat, scenic resources, and other natural resources; [insert supporting facts]
(6) The special use maintains safe ingress and egress onto the site and safe road conditions around the site; [insert supporting facts].
(7) The special use allows for the protection of property values and the ability of neighboring lands to develop the uses permitted in the zoning district; [insert supporting facts]
(8) The special use complies with all other relevant City, State, and Federal laws and regulations. [insert supporting facts]
SUPs do not have recommended actions. However, if to deny, the template is shown:
I move to DENY the Special Use Permit (SUP) to allow a religious institution to reduce the required 500-feet distance separation between adult entertainment uses and bars, nightclubs, and a religious institution from 500-feet to 300-feet as indicated by the supplied site plan, as presented by staff, based on the standards of the City's development code and the evidence presented during this hearing. And that the application does not meet the finding(s) of fact listed below. More specifically finding(s) #_____.]
* For a motion to deny only one of the findings shown below needs to not apply.
(1) The special use will comply with all applicable standards in Section 30-4.C, Use-Specific Standards; [insert supporting facts]
(2) The special use is compatible with the character of surrounding lands and the uses permitted in the zoning district(s) of surrounding lands; [insert supporting facts]
(3) The special use avoids significant adverse impact on surrounding lands regarding service delivery, parking, loading, odors, noise, glare, and vibration; [insert supporting facts]
(4) The special use is configured to minimize adverse effects, including visual impacts of the proposed use on adjacent lands; [insert supporting facts].
(5) The special use avoids significant deterioration of water and air resources, wildlife habitat, scenic resources, and other natural resources; [insert supporting facts]
(6) The special use maintains safe ingress and egress onto the site and safe road conditions around the site; [insert supporting facts].
(7) The special use allows for the protection of property values and the ability of neighboring lands to develop the uses permitted in the zoning district; [insert supporting facts]
(8) The special use complies with all other relevant City, State, and Federal laws and regulations. [insert supporting facts]
[Applicable to Motion to Deny] If denied this action shall become effective ten days after notification of the Findings of Fact to the Applicant of the denial by the City Council.]
Attachments:
1. Application
2. Aerial Map
3. Zoning Map
4. Land Use Plan Map
5. Subject Property
6. Surrounding Properties
7. Site Map