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HomeMy WebLinkAboutZ-3855-A Staff AnalysisJuly 27, 1982 Item No. 2 - Z-3855 Owner: Applicant: Location: Request: Purpose: Size: Melvin Moss Gail Rutherford 1864-1872 State Street Rezone from "R-4" Two Family to 110-1" Quiet Office Conformity with Existing Use 24,000 square feet + Existing Use: School and Residential SURROUNDING LAND USE AND ZONING: North - Residential, Zoned "R-4" South - Residential, Zoned "R-4" East - Residential, Zoned "R-4" West - Residential, Zoned "R-4" PLANNING CONSIDERATIONS: No adverse comments have been received from any reviewing agency concerning this request. The building located on the corner of 19th and State is an old commercial structure needing significant repairs. This property also includes two residential structures which are proposed for renovation initially for residential use and subsequently for office .use. A portion of the existing commercial building sets in the public ..night -of -way and will require that a franchise. from the Cita Board be obtainer. The applicant represents a group which should be able. to qualify as a nonprofit agency. This qualification would then permit the applicant to seek a conditional use permit rather than a rezoning. Staff has suggested this approach to the applicant in an earlier meeting. STAFF RECOMMENDATION: Staff recommends that this matter be deferred to allow the applicant to pursue the conditional use process. RECOMM ' DWITION, ORLY F�-RTHER A00N REQUIRED S T ` November 9, 1982 SUBDIVISIONS Item No. 2 - Z -3855-A NAME: Dancers of Wealth School of Thought LOCATION: 1864-1872 State Street REQUEST: For conditional use review of an area currently zoned "R-4" for use in conjunction with the Dancers of Wealth School of Thought, a nonprofit agency. 1. Site Location This site is located on the corner of 19th and State Streets, in what can generally be described as an urban residential area, which is currently zoned for duplexes. 2. Compatibility with Neighborhood The plan incorporates the renovation of an old, abandoned commercial structure and two existing frame structures which are badly in need of repair. The neighborhood will be allowed to utilize the facilities for a meeting room, the meditation gardens and the future library. Thus, this proposal should serve as means of enhancing the area. No drives are currently constructed on the property. The proposal includes use of a vacant lot for parking. 4. Screening and Buffers None, except a 6' fence along State Street necessary for the provision of a physical barrier from street traffic around the meditation gardens. 5. Engineering Considerations Provide new upright curb/gutter along the 19th Street frontage. Patch along the new gutter to existing pavement with asphalt. Line up new construction between existing curb returns. Parking should meet standards set by the Ordinance. November 9, 1982 SUBDIVISIONS Item No. 2 - Continued 6. Staff Analysis This item was originally presented before the Commission on July 27, 1982, as a request for rezoning from "R-4" Two Family to "O-1" Quiet Office. At this time, the staff was reluctant to rezone the property. It was felt that the group could qualify as a nonprofit agency which would then enable them to pursue the conditional use process. Documentation pertaining to the certification of this group as a nonprofit agency has been submitted. Plans for the development include renovation of the two-story building, fencing of the property and development of meditation gardens on the property in Phase I. Phase II will include renovation of the two houses -adjacent to the main structure, as well as developing a vacant lot for on-site parking. Staff has no objections to these plans, and as indicated earlier feels that this should prove to be very positive for the neighborhood, due to the current status of the property. The applicant, however, needs to submit a revised proposal with proper site plan dimensions; additional information on the renovation of buildings in Phase II and what they are to be used for; whether the proposed parking is intended for both phases; a schedule for completion of parking and the latter phase. Also, any restoration or remodeling of the porch on the main structure will require a franchise from the Board of Directors since it is in the City right-of-way. STAFF RECOMMENDATION: Approval, subject to comments made. SUBDIVISION COMMITTEE RECOMMENDATION: Since the applicant was not present, the Committee decided to pass this to the Commission without a recommendation. November 9, 1982 SUBDIVISIONS Item No. 2 - Continued PLANNING COMMISSION ACTION: (10-12-82) Mr. Melvin Moss, President of the Board of Directors for the school, was present. No one objected. A neighboring property -owner, Ms. Everlenar Dyer of 722 West 19th Street, submitted a letter in favor of the project. Staff reported that the applicant had submitted the revised plans and additional information regarding the use of the day-care center and other buildings. It was through the added information that staff discovered the applicant's intent for public involvement in the day-care center and the bookstore; thereby creating uses that would have to be dealt with separately, and not as part of this application. Since the applicant failed to appear at the Subdivision Committee meeting and some committee members expressed confusion as to the true nature of the proposal, a motion was made to defer action for 30 days. The motion passed by a vote of 9 ayes, 0 noes and 2 absent. SUBDIVISION COMMITTEE RECOMMENDATION: (10-28-82) The Committee decided that the day-care center and the bookstore did not warrant separating the uses since they are to be operated as a part of the non-profit agency, much in the same manner as some church -related uses. Both will not be closed to the public, but will require contact with the organization for use. Restrictions placed on the application include: (1) no s}gnage outside the bookstore; (2) day-care students not to exceed 25. A motion for approval, subject to the stated conditions, was passed by 5 ayes, 0 noes and 0 absent. PLANNING COMMISSION ACTION: (11-9-82) The applicant was present. Two persons were present in opposition. Mr. William Spadley of 1723 W. 19th Street submitted a petition with 13 signatures opposing the use of the property in the manner proposed. Mr. Spadley expressed concern that the use proposed could possibly be a "front" for other types of activity. Mr. Melvin Moss, the applicant, explained that one of the main aspects of the proposal was the inclusion of the public; therefore, the neighborhood was welcome at any time. As a response to a question posed by the Commission, staff stated that from a land use perspective, this request represented an improvement of a blighted urban area; and any other types of activity which may or may not be occurring on the property were out of our jurisdiction. A motion was made for approval, subject to: o November 9, 1982 SUBDIVISIONS Item No. 2 - Continued (1)No signage outside bookstore; (2) Limit of 25 students to Z4ater-e. The vote: 7 ayes, 2 nays, 1 absent, 1 open position. (Nay votes - Arnett and Scribner). * (Two positions are open. However, Commissioner Ron Tabor attended and participated as permitted by Ordinance.)