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File #: PZ 24-034    Version: 1
Type: Variance Status: Passed
File created: 10/8/2024 In control: City Council
On agenda: 11/4/2024 Final action: 11/4/2024
Title: Variance Request. Ark Ministries requests to vary the minimum lot requirements for a church, as an accessory to a school. The property is located at 4110 Austell Powder Springs Road Suite 160, within land lots 946, 2nd section, Cobb County Georgia. PIN: 19094600260.
Code sections: 4-70 - Church or place of worship
Attachments: 1. Approved PZ 24-034, 2. ARK BLUE PRINTS, 3. ARK VARIANCE APPLICATION Redacted, 4. ARK. Mission Statement and Educational Program

CASE NUMBER:   PZ 24-034

APPLICANT: Pastor Timothy Parker II, ARK Ministries.

VARIANCE: To vary section 4-70 (b) minimum dedicated acreage requirements, to allow a church.

LOCATION: 4110 Austell Powder Springs Road, Suite 160

ZONING:    CRC                                               PIN: 19094600260

 

Staff Recommendation:  Approval.                                                               Planning and Zoning:

 

BACKGROUND: ARK Ministries, a nonprofit organization, is seeking a variance to the minimum lot size requirement for establishing a church at 4110 Austell Powder Springs Road, Suite 160, a 1,700-square-foot space within a retail commercial center. According to the Unified Development Code (UDC), Section 4-70(b), churches or places of worship must be situated on a lot with a minimum area of 2 acres dedicated to the use. However, the subject property is part of a retail center and does not meet this requirement.

The primary use of the subject suite is oriented toward educational activities, specifically the Fast Track General Education Development (GED) program. This program is intended to prepare participants, including adults and high school students, for career opportunities. The Fast Track program aligns with the provisions for schools in the CRC zoning district as outlined in Section 4-260, which allows private schools by right.

Ark Ministries has outlined its intent to offer a combination of educational and spiritual support services, which include a weekly worship service on Sundays and the Fast Track program throughout the week. The program focuses on developing trade skills in areas such as construction, electrical work, plumbing, agricultural practices, mortuary services, carpentry, and IT. The organization's goal is to provide a community-based approach to education and job readiness, aiming to support individuals and families in need.

Mr. Timothy Parker, representing Ark Ministries, emphasizes the organization's mission to serve as a community resource, similar in spirit to local aid organizations like MUST Ministries, though without offering housing services. The organization also works in partnership with local affiliates, such as MUST Ministries, Atlanta Missions, and Safe Path, to bring individuals to worship services. Additionally, it is worth noting that ARK Ministries has obtained approval from the Fire Marshal for its proposed use in suite 160.

The requested variance seeks to allow the organization to operate a church within a smaller space than typically permitted, highlighting its focus on educational programming while still providing spiritual services. The applicant has communicated with other tenants in the shopping center to ensure that the proposed activities will not interfere with existing businesses' operations.

 

Sec. 4-70. Church or place of worship. (Excerpt)

Churches or places of worship shall be governed by the following requirements:

(b)                     Minimum acreage. The church or place of worship shall be established on a lot having a minimum area of 2 acres dedicated to the use.

 

The CRC Zoning district is intended to implement the “community activity center” future development established by the Comprehensive Plan. The main intent of the CRC zoning district is to accommodate commercial uses serving a citywide or regional market. The CRC district is designated on properties with access to major arterial streets and at intersections or arterial streets with other major streets, where development nodes can be supported by the regional transportation network. The commercial retail center is approximately 5.5 acres located on Austell Powder Springs Road, which is classified as an Arterial roadway.

 

CRC Zoned Churches.

Intentional Church was recently approved (PZ24-022, PZ 24-030) to operate in suites 130, 155, and temporarily in suite 180 and the same commercial retail center as the subject request. Westgate Church is a similar case currently in operation in a CRC zoned district. In 2018 variance approval was granted to operate at the commercial retail center at 3217 New Macland Road, and they are still in operation at that location. Additionally, LinkedUP church is operating in CRC zoning, however they are the sole user of that property and exceed the 2-acre minimum acreage requirement.

 

Code Violations.

The applicant, ARK Ministries, was previously cited for operation in suite 180 of the commercial retail center. They have since vacated that suite and are seeing variance approval for suite 160. ARK Ministries had their zoning verification denied (Appendix I) but set up operations, and subsequently received a code enforcement violation. The code enforcement determination is pending.

There are open code violations at Hubert Property’s Commercial Retail Center at 4110 Austell Powder Springs Road. Additionally, there were recent citations for construction without a permit, and others related to delinquent renewal of occupational tax license. Non-compliant signs also need to be resolved at this retail location.

 

 

SURROUNDING AREA: 4110 Austell Powder Springs Road is a commercial retail center, located along a commercial corridor. Commercial uses prevail on all sides.

Figure 1. Zoning Map

 

PARKING ANALYSIS

The available parking is sufficient to support the proposed church use. UDC Table 6-4 provides that 1 parking space is required per 4 seats in the room with greatest seating capacity or 1 per 40 square feet in largest assembly area without fixed seating. Since the floor plan (figure 3) demonstrates no fixed seating, therefore the 1:40-sf parking ratio approach is best applied here. The 150-sf multipurpose area requires 4 parking spaces. It is worth noting that Mr. Parker has indicated that ARK Ministries will utilize a van to carpool members for Sunday services.

The total parking provided at the commercial retail center is 190 spaces, which is sufficient to serve the proposed use, the previously approved Intentional Church’s use, and the total square footage of retail suites at the retail center.

 

 

 

Figure 2. Proposed location. Suite 160.

 

Figure 3. Floor Plan. Suite 160.

 

 

 

 

VARIANCE ANALYSIS:

The application was reviewed against the following criteria:

 

Any applicant requesting consideration of a variance to any provision of this development code shall provide written justification that one or more of the following conditions exist. The governing body shall not approve a variance application unless it shall have adopted findings that one or more of the following conditions exist:

 

 

 

1.                     There are extraordinary and exceptional conditions or practical difficulties pertaining to the particular piece of property in question because of its size, shape or topography that are not applicable to other lands or structures in the same district.

 

There is no special site challenges related to size, shape or topography.

 

2.                     A literal interpretation of the provisions of this development code would effectively deprive the applicant of rights commonly enjoyed by other properties of the district in which the property is located.

 

A literal interpretation of the Unified Development Code (UDC) would effectively prevent the applicant from utilizing the suite for their combined educational and spiritual services.

Other properties within the CRC zoning district are permitted to establish educational programs, such as private schools, by right, without the requirement of a minimum lot size. Since the applicant’s Fast Track educational program aligns with these uses, denying the variance would restrict their ability to provide their scope of operations to the community. This variance would allow Ark Ministries to provide their community-focused services, such as GED preparation and trade skills training, alongside their spiritual offerings, without being unduly burdened by the minimum lot size standard that is more suitable for larger, stand-alone church properties. Therefore, granting the variance would ensure that the applicant is not deprived of rights commonly enjoyed by other properties with educational uses in the CRC district.

 

3.                     Granting the variance requested will not confer upon the property of the applicant any special privileges that are denied to other properties of the district in which the applicant’s property is located.

 

Granting the variance for Ark Ministries would not provide the applicant with any special privileges that are unavailable to other properties within the CRC zoning district. The primary use of Suite 160 is for educational purposes through the Fast Track program, which is permitted by right in the CRC zoning district as outlined in the table or permitted uses, and they comply with UDC’s specific use provisions for private schools.

 

The variance is specifically requested to allow the additional aspect of spiritual services, which occurs in a limited capacity (weekly worship service on Sundays).

 

4.                     The requested variance will be in harmony with the purpose and intent of this development code and will not be injurious to the neighborhood or to the general welfare.

 

The UDC permits educational programs and private schools by right in this district, recognizing the value of community services that contribute to the social and educational well-being of residents. Ark Ministries' use of Suite 160 for the Fast Track program aligns with these goals by providing GED preparation and trade skills training to residents, fostering educational and workforce development.

 

Additionally, the small size of the suite (1,700 square feet) and the limited scope of worship activities, which are offered primarily on Sundays when other businesses in the shopping center have lower activity level, ensures that the variance will not result in adverse impacts on surrounding properties.

 

5.                     The special circumstances are not the result of the actions of the applicant.

 

The special circumstances are not the result of the applicants’ actions. The UDC envisions churches and places of worship being located on individual lots, with acreage and buffering provisions designed to mitigate nuisances to other users.

 

 

6.                     The variance requested is the minimum variance that will make possible the proposed use of the land, building, or structure in the use district proposed.

 

The requested variance is the minimum necessary to enable Ark Ministries to utilize Suite 160 for its intended combination of educational and spiritual services. The suite is primarily used for the Fast Track educational program, which aligns with the allowed uses in the CRC zoning district. The applicant seeks only to add a limited worship component for Sunday services.

 

7.                     The variance shall not permit a use of land, buildings or structures, which is not permitted by right in the zoning district or overlay district involved.

 

The variance will not permit a use that is inconsistent with what is allowed in the CRC zoning district. Churches are allowed by right in CRC zoning districts, subject to certain specific use provisions. Schools are allowed by right in CRC zoning districts, subject to certain specific use provisions.

 

 

 

STAFF RECOMMENDATION: 

The proposed use will not negatively impact the neighborhood or general welfare and will enable Ark Ministries to provide valuable educational services to the community, consistent with the goals and intent of the CRC zoning district.

Staff recommends Approval, with the following condition:

1.                     The variance to allow the operation of a church on less than 2-acres dedicated to the use is approved, within suite 160. The approval of this variance is not transferable to any other suite, business or subsequent owner.

 

2.                     The applicant shall seek the necessary approvals to establish a new business at the subject location.

 

 

 

 

APPENDIX I. Previously denied zoning verification for suite 180.