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HomeMy WebLinkAboutZ-6590 Staff AnalysisDecember 17, 1998 ITEM NO.: 7 FILE NO.: Z-659 Owner: Donald McCormick Applicant: Firm Foundation Ministries/ Matthew Ivy, Administrative Coordinator Location: 1401 East 9`h Street Request: Rezone from I-2 to 0-3. Purpose: Utilize existing building for establishment of a religious, charitable or philanthropic organization, including transitional dormitory. Size: Existing Use: .14. acres (6,000 sq. ft.) Former warehouse building SURROUNDING LAND USE AND ZONING North - Large salvage/scrap yard; zoned I-3 South - One Single Family Residential Structure, brick yard and church; zoned I-2 East - Oil Distributor/Wholesale; zoned I-3 West - Mill and Mine Supply and Other Industrial Uses; zoned I-2 PUBLIC WORKS COMMENTS 1. East 9th and Shall Streets are commercial streets. A dedication of right-of-way to 30 feet from centerline is required or request deferral until the property is redeveloped. 2. A 20 feet radial dedication of right-of-way is required at the corner of East 9th and Shall Streets. 3. Provide design of streets conforming to "MSP" (Master Street Plan). Construct one-half street improvements to these streets including 5 -foot sidewalks with redevelopment. 4. Plans of all work in right-of-way shall be submitted for approval prior to start of work. PUBLIC TRANSPORTATION ELEMENT The site is not located on a CATA bus route. Routes are located two blocks West at 9th and Welch, three blocks north at 6`h Street and several blocks east on Bond Street. December 17, 1998 ITEM NO.: 7 Cont. FILE NO.: Z-6590 NEIGHBORHOOD ASSOCIATION NOTIFICATION The Hanger Hill Neighborhood Association and East End Civic League were notified of the rezoning request. LAND USE PLAN ELEMENT The site is located in the I-30 Planning District. The Plan currently recommends Industrial for the property. A proposed Land Use Plan Amendment to change the Plan from Industrial to Office for this site is item no. 4 on this agenda (LU98-07-03). Staff believes the Plan Amendment to be appropriate and supports the proposed office zoning. STAFF ANALYSIS The request before the Commission is to rezone the I-2 Light Industrial zoned lot located at 1401 East 9th Street to 0-3 General Office. The rezoning request is associated with item no. 4 on this agenda, a proposed Land Use Plan Amendment from Industrial to Office (LU98-07-03). The property is occupied by a block, rock and frame building. The majority of the building is two stories in height. The portion of the building nearest East 9`h Street is one story in height. Firm Foundation Ministries, Inc. proposes to occupy the building and use the building as follows: The upstairs portion of the building will be used for the following use: (1 1 X17'), (131X171), and (11'X171) rooms for office use only. The downstairs portion of the building will be used for the following use: (231X17.51) front portion of the building will be used as a chapel, (20'X131) room will be used as the kitchen, (161X171) room will be used as a dorm with 8 bunkbeds in it, and (41'X391) room will be used as a dorm with 11 bunkbeds and 1 regular bed in it. The applicant does not intent to change or remodel the building in any way. The 0-3 zoning district allows an "establishment of a religious, charitable or philanthropic organization" which is defined as "the offices and activities sponsored or operated by organizations established for religious or philanthropic purposes, including but not limited to homes for the aged, resident homes for the indigent or handicapped, training and educational facilities, and similar establishments." 2 December 17, 1998 ITEM NO.: 7 Cont. FILE NO.: Z-6590 The property is located on the western fringe of the large East Little Rock Industrial Park. All surrounding properties are zoned I-2 Light Industrial or I-3 Heavy Industrial. A small area of R-4 Residential is located two blocks to the west. Other uses in the immediate vicinity include a large scrap yard, a brick yard, an oil distributor and a mill and mine supply company. An MF -18 zoned Multifamily complex, Eastview Terrace Apartments, is located one block to the south. The proposed 0-3 zoning is compatible with uses and zoning in the area. The I-30 District Land Use Plan currently recommends Industrial for the site. Also on this agenda is a proposed amendment to change the site from Industrial to Office on the Plan. Staff is supportive of the requested Plan Amendment. Right-of-way dedication is required for East 9th Street, Shall Street and a radial dedication at the corner. The building has a setback of 0.4 feet from Shall Street and 3.0 feet from East 9th Street. Dedicating the Master Street Plan right -of --way for East 9th Street will result in a setback of 1.1 feet. Dedication for Shall Street would include a portion of the building. The radial dedication at the corner can be accomplished since it involves an area used only for parking. Staff supports a deferral of the right- of-way dedication for East 9th and Shall Streets until such time as the property is redeveloped. Although staff supports the requested 0-3 zoning, there are concerns that the building may not be suitable for the proposed use. The applicant will have to conform to all applicable building and fire codes. STAFF RECOMMENDATION Staff recommends approval of the requested 0-3 zoning. Staff also recommends approval of a deferral of right-of-way dedication for East 9th and Shall Streets until such time as the property is redeveloped. PLANNING COMMISSION ACTION: (DECEMBER 17, 1998) The applicant was present. There were several objectors present. Six letters of opposition from area property owners had been received by staff and presented to the Commission. 3 December 17, 1998 ITEM NO.: 7 Cont. FILE NO.: Z-6590 This item followed the lengthy discussion of and action on Land Use Plan Amendment No. LU98-07-03. The Commission voted to deny the Land Use Plan Amendment from Industrial to Office. Staff presented the rezoning request and recommended approval of 0-3 zoning and of a deferral of right-of-way dedication for East 9th Street and Shall Street until such time as the property is redeveloped. Jim Lawson, Director of Planning and Development, spoke in support of 0-3 zoning. He asked where a homeless shelter could be located in Little Rock, if not in an industrial area. Mr. Lawson concluded by stating that he could not say that an 0-3 request in an area shown as Industrial violated the Land Use Plan. Commissioner Faust asked if 0-3 zoning accommodated the applicant's proposed use. Dana Carney, of the Planning Staff, responded that it did and read the definition of an "establishment of a religious, charitable or philanthropic organization" from the Ordinance. In response to a question from Commissioner Muse, Mr. Lawson stated that the applicant would have to vacate the site if the zoning was denied. The applicant, Matthew Ivy, stated that he had nothing more to add beyond what he had stated during discussion of the Land Use Plan Amendment. Sam Harris, who was representing the item with Mr. Ivy, asked for approval of the rezoning. Commissioner Putnam asked Mr. Harris if there were ever any problems with residents of the facility. Mr. Harris stated that there were occasional, but not wide spread, incidents. He stated that the facility had a curfew, the residents work during the day, transportation is provided for the residents, there is periodic drug screening of the residents and every effort is made not to create problems for the neighborhood. Area residents Billye Brown and Angela Rice spoke in opposition to the rezoning. Lionel Grimes, of 1325 East 9`h Street, spoke in opposition to the 0-3 zoning. He stated that he had not had problems with the residents of the facility but felt that it needed to be located elsewhere. David Garner, owner of Antique Brick located at 919 Shall Street, spoke in opposition to the item. He spoke at length about problems with residents of the facility. He voiced concerns for the safety of area children because of sex offenders living at the Firm Foundation facility. He stated that this area was not appropriate for office zoning. 4 December 17, 1998 ITEM NO.: 7 Cont. FILE NO.: Z--6590 William Steward, president of Mill and Mine Supply Company at 920 Shall Street, spoke against the rezoning. Larry Alman, president of Sol Alman Company at 1300 East 9`h Street, spoke in opposition to the rezoning. He stated that of the 14 property owners located within 200 feet of the site, 12 were opposed to the rezoning. Mr. Alman stated that the area was appropriate for Industrial uses and zoning. Albert Pulver, of 1213 East 9"' Street, spoke against the rezoning. Commissioner Hawn asked if the Commission could approve a Planned Zoning District for the site and apply the same conditions established for a correctional facility. Steve Giles, of the City Attorney's Office, stated that he did not believe that would be appropriate. He stated that conditions could be attached to rezoning if they were offered by the applicant. Commissioners Muse and Rahman asked where this type of facility could be placed, if not in an industrial area. Mr. Lawson stated that even if the application were amended to a PZD, and the Commission imposed a variety of conditions, the applicant could not control the off-site activities of the residents. Commissioner Faust asked if a conditional use permit could be issued for the site. Mr. Giles responded that a C.U.P. was not an option since the use is not listed as a permitted conditional use in I-2. Commissioner Hawn stated that he was concerned about 0-3 zoning, that he would prefer to see some type of application that included conditions. Commissioner Faust commented that this application appeared not to be one that was conducive to conditions. Commissioner Putnam stated that Firm Foundation was occupying the site in violation of city code. He stated that the use was not appropriate for the area and had a negative impact on the neighborhood. Commissioner Downing voiced concern for neighborhood residents. Commissioner Rahman stated that it appeared that 0-3 zoning would be appropriate for the site. Commissioner Downing noted the presence of residential properties within one block of the site. 5 December 17, 1998 ITEM NO.: 7 Cont. FILE NO.: Z-6590 David Garner again voiced opposition to the item. Commissioner Faust stated that the issue before the Commission was the appropriateness of 0-3 zoning in an area shown as Industrial on the Land Use Plan. Commissioner Muse asked if staff still supported 0-3 zoning. Mr. Lawson responded that staff did. A motion was made to approve the application as recommended by staff. The motion was approved by a vote of 6 ayes, 2 noes and 3 absent. 6