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HomeMy WebLinkAboutZ-3395 Staff AnalysisOctober 23, 1979 Item No. 10 - Z-3395 Owner: Applicant: Request: Purpose: Existing Zoning: Location: Site Characteristics: Size: Existing Land Use: Abutting Land Use and Zoning: Zoning History: Applicable Regulations: Mt. Zion Baptist Church John W. Smith Rezone to "E-1" Quiet Business Construction of a New Multifamily Institutional Structure "C" Two Family 900 Block of Cross Street Level 42,000 Square Feet + Residential, Church and Office North - Interstate 630 South - Single Family Zoned "C" East - Church Parking Lot Zoned "E-1" West - Single Family and Vacant Zoned "C" None The Zoning Ordinance FACTUAL INFORMATION October 23, 1979 Item 10 1. NEED AND/OR DEMAND The Mt. Zion Baptist Church has plans to construct a new living facility for several of its elderly members on this site. The need for this location over possible others is tied to the fact that the church wishes to be able to encourage participation in church activities by the residents of this facility. 2. COMPATIBILITY WITH MUNICIPAL PLANS Generalized planning for the area indicates a slightly higher intensity of development, at least in terms of zoning. However, the institutional use implied by this request would certainly seem to fit in with those plans. 3. EFFECT ON ENVIRONS No adverse environmental problems are associated with this request. 4. NEIGHBORHOOD POSITION None expressed. 5. PUBLIC SERVICES/EFFECT ON No adverse comments have been received from any reviewing agency. 6. UTILITIES/EFFECT ON No adverse comments have been received. 7. EFFECT ON PUBLIC FINANCES No particular fiscal impact should occur. 8. LEGAL CONSIDERATIONS/REASONABLENESS The proposed change represents the expansion of an existing "E-1" District and should produce no adverse impacts. October 23, 1979 Item 10 - Continued 9. STANDARDS OF QUALITY No standards of quality have been addressed. 10. TRAFFIC AND STREET RIGHT-OF-WAY No traffic or right-of-way issues attend this request. ANALYSIS This application reflects the proposal offered by staff at the September Planning Commission meeting. The change represents a logical expansion of an "E-1" District and fits with the changes brought about by the development of Interstate 630 STAFF RECOMMENDATION: Staff recommends approval. September 25, 1979 Item No. 1 Z-3395 Owner: Applicant: Request: Purpose: Existing Zoning: Location: Site Characteristics: Size: Existing Land Use: Abutting Land Use and Zoning: Zoning History: Applicable Regulations: Z�,21-17 Mt. Zion Baptist Church John W. Smith Rezone to "D" Apartment Construction of a new multifamily structure "C" Two family 918 Cross Street Level. Develop single family 7,000 square feet + Single Family North - Church - Zoned "C" South - Office - Zoned "C" East - Church parking lot - Zoned "E-1" West - Vacant - Zoned "C" None Zoning Ordinance FACTUAL INFORMATION September 25, 1979 Item 1 1. NEED AND/OR DEMAND The Mt. Zion Baptist Church has plans to construct a new living facility for several of its elderly members on this site. The need for this location over possible others is tied to the fact that the church wishes to be able to encourage participation in church activities by the residents of this facility. 2. COMPATIBILITY WITH MUNICIPAL PLAN Generalized planning for this area indicates a slightly higher intensity of development, at least in terms of zoning. However, the institutional use implied by this request certainly seems to fit in with those plans. 3. EFFECT ON ENVIRONS No adverse environmental problems are associated with this request. 4. NEIGHBORHOOD POSITION No expression of neighborhood sentiment has reached the staff. 5. PUBLIC SERVICES/EFFECT ON No adverse comments have been received from any reviewing agency. 6. UTILITIES/EFFECT ON No adverse comments have been received. 7. EFFECT ON PUBLIC FINANCES No particular fiscal impacts should occur. 8. LEGAL CONSIDERATIONS/REASONABLENESS The requested zoning can only be considered "spot zoning" under most definitions, and because of this Staff believes the most appropriate course of action is to ask the applicant to revise the application to include all of the church owned property in the western half of this block and to readvertise this request for 11E-1 Quiet Business zoning. September 25, 1979 Item No. 1 - Continued 9. STANDARDS OF QUALITY No standards of quality have been addressed by the applicant. 10. TRAFFIC AND STREET RIGHT-OF-WAY CONSIDERATION No traffic or right-of-way issues attend this request. ANALYSIS: Staff favors the intended use of this property by the church. The proposed development seems appropriate for the area, and essentially the only concern of staff .is expressed in the legal consideration phase of this review. It seems much more logical to rezone the entire half block to "E-1" Quiet Business than to allow a single lot to be rezoned to "D" Apartment. Under both the present ordinance and the proposed new ordinance (under "0-2") the proposed use would be allowed. STAFF RECOMMENDATION Staff recommends deferral to permit initiation and readvertisement of this and adjacent properties for "E-1" Quiet Business. COMMISSION ACTION: The applicant was present and there were no objectors. Staff stated that proper proof of notice to neighboring property owners had not been received from the applicant. Further investigation revealed that the applicant had indeed notified the neighboring property owners, but had not used certified mail as is required. On that basis, and in deference to the staff recommendation, the Commission moved to defer this item to the October Planning Commission meeting. The motion passed: 6 ayes, 0 noes and 5 absent. October 23, 1979 Item No. 10 - Z-3395 Owner: Mt. Zion Baptist Church Applicant: John W. Smith Request: Rezone to "E-1" Quiet Business Purpose: Construction of a New Multifamily Institutional Structure Existing Zoning: "C" Two Family Location: 900 Block of Cross Street Site Characteristics: Level Size: 42,000 Square Feet + Existing Land Use: Residential, Church and Office Abutting Land Use North - Interstate 630 and Zoning: South - Single Family Zoned "C" East - Church Parking Lot Zoned "E-1" West - Single Family and Vacant Zoned "C" Zoning History: None Applicable Regulations: The Zoning Ordinance FACTUAL INFORMATION October 23, 1979 Item 10 1. NEED AND/OR DEMAND The Mt. Zion Baptist Church has plans to construct a new living facility for several of its elderly members on this site. The need for this location over possible others is tied to the fact that the church wishes to be able to encourage participation in church activities by the residents of this facility. 2. COMPATIBILITY WITH MUNICIPAL PLANS Generalized planning for the area indicates a slightly higher intensity of development, at least in terms of zoning. However, the institutional use implied by this request would certainly seem to fit in with those plans. 3. EFFECT ON ENVIRONS No adverse environmental problems are associated with this request. 4o NEIGHBORHOOD POSITION None expressed. 5. PUBLIC SERVICES/EFFECT ON No adverse comments have been received from any reviewing agency. 6. UTILITIES/EFFECT ON No adverse comments have been received. 7. EFFECT ON PUBLIC FINANCES No particular fiscal impact should occur. 8. LEGAL CONSIDERATIONS/REASONABLENESS The proposed change represents the expansion of an existing "E-1" District and should produce no adverse impacts. October 23, 1979 Item 10 - Continued 9. STANDARDS OF QUALITY No standards of quality have been addressed. 10. TRAFFIC AND STREET RIGHT-OF-WAY No traffic or right-of-way issues attend this request. ANALYSIS This application reflects the proposal offered by staff at the September Planning Commission meeting. The change represents a logical expansion of an "E-1" District and fits with the changes brought about by the development of Interstate 630 STAFF RECOMMENDATION: Staff recommends approval. COMMISSION ACTION: The applicant was present; and there were no objectors. However, an attorney representing the American Association of Womens' Clubs, Inc. stated that the Association had not received the proper notice because the notice had been mailed to an incorrect address. A check of the list of notices sent by the applicant indicated that the list had been obtained from an abstract company, as is normally required. The listing from the abstract company did list the American Association of Womens' Clubs, Inc. with a post office box in Little Rock. The applicant had mailed a certified notice to that address, and the attorney for the Association had received the notice. Staff told the Planning Commission that according to the bylaws of the Planning Commission, the applicant had complied with all notice requirements. The attorney representing the Association, however, stated that he felt that it was not fair because he had been unable to get a hold of any of the officers of the Association, and he felt that they might wish to voice some opinion relative to this case. It was pointed out that the property owned by the Association is zoned "E-1" as is the requested zoning of the applicant, and that it was unlikely that they would have any real reason to object to the zoning change. A further lengthy discussion of these issues followed, and finally, the Commission moved to defer consideration of this matter to the November 27 meeting. The motion passed - 7 ayes, 0 noes and 4 absent. November 27, 1979 Item No. 7 - Z-3395 - DEFERRED Owner: Mt. Zion Baptist Church Applicant: John W. Smith Request: Rezone to "E-1" Quiet Business Purpose: Construction of a New Multifamily Institutional Structure Existing Zoning: "C" Two Family Location: 900 Block of Cross Street Site Characteristics: Level Size: 42,000 Square Feet + Existing Land Use: Residential, Church and Office Abutting Land Use North - Interstate 630 and Zoning: South - Single Family Zoned "C" East - Church Parking Lot Zoned "E-1" West - Single Family and Vacant Zoned "C" Zoning History: None Applicable Regulations: The Zoning Ordinance FACTUAL INFORMATION November 27, 1979 Item 7 1. NEED AND/OR DEMAND The Mt. Zion Baptist Church has plans to construct a new living facility for several of its elderly members on this site. The need for this location over possible others is tied to the fact that the church wishes to be able to encourage participation in church activities by the residents of this facility. 2. COMPATIBILITY WITH MUNICIPAL PLANS Generalized planning for the area indicates a slightly higher intensity of development, at least in terms of zoning. However, the institutional use implied by this request would certainly seem to fit in with those plans. 3. EFFECT ON ENVIRONS No adverse environmental problems are associated with this request. 4. NEIGHBORHOOD POSITION None expressed. 5. PUBLIC SERVICES/EFFECT ON No adverse comments have been received from any reviewing agency. 6. UTILITIES/EFFECT ON No adverse comments have been received. 7. EFFECT'ON PUBLIC FINANCES No particular fiscal impact should occur. 8. LEGAL CONSIDERATIONS/REASONABLENESS The proposed change represents the expansion of an existing "E-1" District and should produce no adverse impacts. November 27, 1979 Item 7 - Continued 9. STANDARDS OF QUALITY No standards of quality have been addressed. 10. TRAFFIC AND STREET RIGHT-OF-WAY No traffic or right-of-way issues attend this request. ANALYSIS This application reflects the proposal offered by staff at the September Planning Commission meeting. The change represents a logical expansion of an "E-1" District and fits with the changes brought about by the development of Interstate 630 STAFF RECOMMENDATION: Staff recommends approval. COMMISSION ACTION: The applicant was present, and there were no objectors. After a brief discussion, the Commission moved to approve the application as filed. The motion passed - 11 ayes, 0 noes and 0 absent.