HomeMy WebLinkAboutStaff Report with minutesDecember 17, 1998
ITEM NO.: 4 FILE NO.: LU98-07-
Name: Land Use Plan Amendment - I-30 Planning District
Location: 1401 East 9th
Request: Industrial to Office
Source: Matthew Ivy
PROPOSAL l REOUEST:
Land Use Plan amendment in the I-30 Planning District from
Industrial to Office. Office represents services directly to
consumers (e.g. legal, financial, medical) as well as
general offices which support more basic economic
activities.
Prompted by this Land Use Amendment request, the Planning
Staff expanded the area of review to include the area on
both sides of Shall Street from 9th to 10th' It is thought
that the additional area would make the boundaries more
logical.
CURRENT LAND USE AND ZONING:
The property is currently zoned I-2 and is approximately
3.4t acres in size. To the north lies Sol Almans' metal
recycling yard zoned I-3 and shown as Industrial on the
plan. To the east and south-east is I-3 land shown as
Industrial. To the south, lies a housing area shown as
Multi -Family on the plan and zoned MF -18. To the east, are
homes shown as Single Family with a majority zoned R-4.
RECENT AMENDMENTS:
September 1, 1998, A change from Single Family to Industrial
with PZD required in the 1500 & 1600 blocks of Boyce Street.
MASTER STREET PLAN•
9th Street is shown as a collector on the plan and is built
to a four lane section. Shall Street is shown as a
residential street.
BACKGROUND•
The Presidential Library moratorium area extends south from
the Arkansas River to 6th Street in this area. Although,
this site is not in the moratorium area, it is in the larger
conceptual study area being considered by the planning staff
that extends south to 17th Street. Office uses are more
compatible with the proposed Presidential Library than
December 17, 1998
ITEM NO.: 4 (Cont.) FILE NO.: LU98-07-03
industrial uses.
The current uses in the extended area are a church, an
office, an antique brick sales yard, a "mill and mine"
retail establishment and a residential use. These uses are
not the typical uses located in an area classified as
Industrial on the Land Use Plan.
Directly to the east of the expanded area is Single Family
on the Land Use Plan. The area sits slightly above the site
due to topographical features. Directly to the south is a
multi family complex. Office, in this case, is an
appropriate buffer between these uses and the industrial
area.
NEIGHBORHOOD COMMENTS:
Notices were sent to the following neighborhood
associations: East End, Community Outreach and Hanger Hill.
As of this printing, Staff has spoken with two of the seven
expanded area property owners. One has registered
opposition to the plan change and one was of a neutral
nature. No comments from the neighborhood have been noted.
STAFF RECOMMENDATIONS:
Staff believes that it is appropriate to change the Land Use
Plan to Office.
PLANNING COMMISSION ACTION: (DECEMBER 17, 1998)
Brian Minyard of Staff presented the item. He explained how
the area had been expanded to include all of the businesses
along Shall Street from 9`h to 10`h Streets on the east and
west. He continued with a summary of the meeting with the
property owners and their desires not to be included in the
Land Use Plan amendment. The plan amendment as presented to
the commission has been reduced to the original application
of 1401 East 9th Street. Staff feels that we can no longer
support the change to Office because of the small size and
that it would create an island of Office in an Industrial
area.
Commissioner Faust asked for clarification of the expansion
and subsequent reduction of the amendment size.
Commissioner Rahman stated that instead of changing the Land
Use Plan that we might go directly to the zoning and leave
the Land Use as is.
Commissioner Putnam stated that the area is very industrial.
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December 17, 1998
ITEM NO.: 4 (Cont.) FILE NO.: LU98-07-03
Commissioner Hawn stated that Staff had looked at the larger
area and after examination, it does not support the change
of the larger area.
Commissioner Faust asked about policy of expanded areas and
stated that apparently the Land Use Plan amendments were
driven only by application. Jim Lawson stated that this
application was driven by the rezoning request. The larger
area was considered and after notices were sent out,
negative responses were obtained from the property owners.
Staff does look at input of the area residents.
Matthew Ivy, the applicant, asked if the Land Use could be
left alone and go to the zoning.
Commissioner Rahman asked of the applicant what the use of
the building was. Mr. Ivy stated that it was a dormitory,
licensed as a church, and homeless people are taken off the
street and assisted. Employment is provided for these
people. There is no time limit on the length of stay.
Commissioner Muse asked why the application was not for
Public Institutional instead of Office. Dana Carney
answered that the use is not a church. It is a function of
a religious organization under the office zoning.
Sam Harris, Jr., affiliated with the applicant, spoke as to
their work at the site and the history of the organization.
Commissioner Earnest noted that the item at hand was land
use, not zoning and to ask the speakers to keep comments to
the topic of land use.
Larry Alman, President of Sol Alman, spoke to the fact that
he is opposed to the Land Use Plan amendment. He spoke of
the history of the company. He also spoke of the
presidential library area and the impacts on the area.
Bill Steward, of Mill and Mine Company, stated that they
thought of themselves as industrial and did not support the
change.
Joseph Berg, of Berg and Son Machine Shop, stated that he is
opposed to the change and has been in operation since the
60's.
Albert Culver, a resident of 1213 East 9`h, stated that the
police had notified him to lock all doors and gated because
of the applicant's work and he is opposed because of that.
David Garner, of Antique Brick, says that they feel
industrial and has been in that location for 10 years. He
is opposed to the change.
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December 17, 1998
ITEM NO.: 4 (Cont.) FILE NO.: LU98-07-03
Commissioner Putnam asked the applicant how long they had
been in operation. He also asked if this was an enforcement
issue. Mr. Carney stated that it was an enforcement issue.
Commissioner Hawn made a motion to approve the application
as presented and was seconded. Motion was denied with a
vote of 0 ayes, 8 noes, and 3 absent.
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