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HomeMy WebLinkAboutZ4985C case from 1999FILE NO.: Z -4985-C NAME: Mid-America Center --- Short -Form POD -- Revocation LOCATION: North side of West Roosevelt Road, between S. Wolfe and S. Battery Streets DEVELOPER: Emma Jean Rogers AREA: 1.88 acres NUMBER OF LOTS: 1 FT. NEW STREET: 0 ZONING: POD ALLOWED USES: Day Care and Residential PROPOSED USE: Church and Residential A. BACKGROUND: On April 19, 1988, the Board of Directors passed Ordinance No. 151460 rezoning this property from R-4 and R-5 to PRD to allow a residential and child care facility. On January 16, 1990,.the Board passed Ordinance No. 15,801 revising the PRD to eliminate the residential care facility part of the project and replaced it with an additional day care facility. On June 20, 1995, the Board of Directors passed Ordinance No. 16,919 which rezoned the property from PRD to POD. The uses which were permitted in and on the POD site were to be limited to the two-family dwelling which is located at 2407 S. Battery Street and the day care facility which was authorized by Ordinance No. 15,801, plus the following uses from the 0-1 and C-2 list of -permitted uses: church; clinic (medical, dental, or optical); community welfare or health center; day nursery or day care center; lodge or fraternal organization; nursing home or convalescent home; office (general or professional); photography studio; private school, kindergarten, or institution for special education; school (business); school (public or denominational); studio (art, speech, drama, dance, or other artistic studio); barber and beauty shop; and, eating place, limited to the ground floor of the existing building, with a maximum of 800 square feet, to be a sit- down facility without drive-in or drive-thru service and wi.th•carryout'permitted, but with no delivery service allowed. P. Yf ? Til, F ppred site plan which included building and parking la outs'14 attached. To this date, the property has never comp].etel.y developed and the building is currently vacant. There is some evidence of recent fire damage to the building. The parking lot within the southern portion of the property was never constructed. B. PROPOSAL: The applicant, Emma Jean Rogers, submitted a letter to staff on April 28, 1999, requesting that the existing POD be revoked and the property revert to its original R-4 and R-5 zoning. Mrs. Rogers is planning to sell a portion of the property to Gospel Temple Baptist Church for u development of a church facility (Item 20.1 on this agenda) . If approved, Lots 2, 4-10, Block 9, McCarthy's Addition, Lot 10 and the South 4 of Lot 11, Block 8, Oak Terrace Addition would revert to R-4 zoning. Lots 11 and 12, Block 9, McCarthy's Addition would revert to R-5 zoning. C. STAFF RECOMMENDATIONS: Staff recommends that the POD be revoked; that Ordinance No. 16,919 be repealed and that the property be returned to R-4 Two -Family district and R-5 Urban Residence district as noted in paragraph B. of this report. PLANNING COMMISSION ACTION: (MAY 27, 1999) The staff presented a positive recommendation on this application, as there were no further issues for resolution. There were no objectors to this matter. The Chairman placed the item before the Commission for inclusion within the Consent Agenda for approval as recommended by staff. A motion to that effect was made. The motion passed by a vote of 8 ayes, 0 nays and 3 absent. 2