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HomeMy WebLinkAboutZ-7142 Staff AnalysisFILE NO.: Z-7142 NAME: Lindsey Short -form PD -O LOCATION: 1201 West 10th Street DEVELOPER: ENGINEER: Marceliers Hewett 1919 West 10th Street Little Rock, AR 72202 AREA: .16 Acres CURRENT ZONING: Laha Engineers P.O. Box 190251 Little Rock, AR 72219 NUMBER OF LOTS: 1 R-4, two-family PROPOSED ZONING: PD -O CURRENT ALLOWED USES: Residential FT. NEW STREET: 0 PROPOSED USE: Office, Bail Bonds VARIANCES/WAIVERS REQUESTED: None requested. A. PROPOSAL/REQUEST: The applicant is in the process of establishing a Bail Bonding Business and as a part of their plan, they would like to use the family property located at 1201 West loth Street as the central office. The applicant has stated the bail bonding business is conducted off-site and very little traffic is anticipated on the site. The applicant proposes some renovations and improvements to the property, but does not intend to change the character of the site with the exception of the addition of three parking spaces, a privacy fence to buffer the parking FILE NO.: Z-7142 (Cont.) spaces and a small 24" x 24" wall mounted sign along the front of the house facing West 10th Street. B. EXISTING CONDITIONS: The site contains an existing single story single-family structure with residential structures located to the south and west of the site. The Mt. Zion Church is located across West 10th Street along with a large surface parking lot and the Cultural Arts Center is located across South Cross Street. For the most part the area south of West 10th Street consists of residential uses in the form of single-family or duplex structures. There are several structures "boarded -up" on South Pulaski Street between West 10th and West 11th Streets as is one side of a duplex on West 11th Street, east of South Cross Street. Other uses in the area include the Martin Luther King Elementary School, the 9th Street City Park, two office uses located in converted residential structures located to the northeast and a commercial use (Bromley Parts and Service) located along South Ringo Street one block to the east. C. NEIGHBORHOOD COMMENTS: All property owners within' 200 feet of the site, all residents within 300 feet of the site who could be identified and the Downtown Neighborhood Association were notified of the public hearing. As of this writing staff has received two informational phone calls from the neighborhood. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: 1. Redesign parking lot to meet City ordinances, to prevent backing out into street. 2. Property frontage needs to have the sidewalks and ramps brought up to the current ADA standards. 3. Repair or replace any curb and gutter or sidewalk that is damaged in the public right-of-way prior to occupancy. 4. Plans of all work in right-of-way shall be submitted for approval prior to start of'work. S. All driveways shall be concrete aprons per City Ordinance. Increased width recommended. K FILE NO.: Z-7142 (Cont.) E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer is available, not adversely affected. Enter Approved as submitted. ARKLA: No comment received. Southwestern Bell: Approved as submitted. Water: No objection. Fire Department: Approved as submitted. CountV Planning: No comment received. CATA: Site is on Bus Route #14 and has no effect on bus radius, turnout and route. F. ISSUES/TECHNICAL/DESIGN: Planning Division: The request is located in the Central City Planning District and is shown on the Future Land Use Plan as Single -Family. A Future Land Use Plan amendment is required (a change from Single -Family to Office) and is a separate item on this agenda (Item No. 6 File No. LU02-08- 02) . City Recognized Neighborhood Action Plan: The proposed application lies in the area covered by the Downtown Neighborhood's Plan for the Future Neighborhood Action Plan. The Plan contains several statements under the housing goal for promotion of downtown living and increasing home ownership and occupancy. Landscape Issues: A minimum 6.7 foot wide landscape buffer is required north, south and west of the proposed parking area by both the zoning and landscape ordinances. This requirement will have to be taken into consideration with the redesign of the parking area. FILE NO.: Z-7142 (Cont. A 6 -foot high opaque screen, either a wooden fence with its face side directed outward or evergreens shrubs, are required to help screen this property from the residential properties to the south and west. Building Codes: No comment received. G. SUBDIVISION COMMITTEE COMMENT: (January 24, 2002) The applicant was present representing the application. Staff presented the item and noted additional information which was needed on the site plan, dumpster location, additional site lighting, fencing materials. Staff also stated the present design of the parking area would not allow for proper maneuvering and should be redesigned. Public Works comments were also presented and staff indicated these items would be required at the time of issuance of the building permit. After a brief discussion the Committee determined there were no outstanding issues associated with the proposed rezoning. The Committee then forwarded the issue to the full Commission for final action. H. ANALYSIS: The applicant submitted a revised site plan to staff on January 31, 2002 addressing most of the issues raised by staff and the Subdivision Committee. The applicant indicated there would not be a dumpster located on the site. The applicant also indicated any additional site lighting would be low level and directed away from residentially zoned property. The applicant revised the parking area to minimize the concerns of turning movements within the parking area. The applicant proposes four parking spaces in the rear of the structure, one of which will need to be eliminated due to the limited turning movement. With the elimination of one space, leaving three spaces, the proposed parking is well within typical ordinance parking requirement for a structure this size. (The structure is approximately 1000 square feet - typical ordinance parking requirement for an office use is 1 per space per 400 square feet or 2 spaces.) FILE NO.: Z-7142 (Cont.) The applicant is proposing a six-foot wooden fence adjacent to the south property line, running from the back edge of the house to the property line then turning north on the west property line and running north to the edge of the parking lot. The applicant then proposes a four -foot wooden fence to the street right-of-way. The proposal also includes the placement of evergreen shrubs on the north, south and west property line. This proposal for screening is adequate to meet the buffering requirement. The applicant will be required to direct the face side outward. The applicant proposes the day and hours of operation to be Monday through Saturday from 8:00 am to 5:00 pm. The applicant proposes the maximum number of employees to. be four with only two employees present at the site on most occasions. Staff is not supportive of the application. Staff feels the development would intrude into a relatively fragile neighborhood. The area contains a large number of vacant lots and boarded up houses. Although the area to the north of the site is non-residential, the site is a church. This use has historically been considered a neighborhood activity. The church has acquired a half block to the east of the sanctuary and placed a parking lot on the site. With the construction of the parking lot the congregation is no longer parking within the neighborhood thus minimizing the negative impact even more. There are other office uses in the area, which are on the portion of West 10th Street, which was abandoned by the I-630 interchange construction. I. STAFF RECOMMENDATION: Staff recommends denial of the application as filed. PLANNING COMMISSION ACTION: (FEBRUARY 14, 2002) Mr. Carl Lindsey was present representing the application. There were several objectors present. Staff presented the application with a recommendation of denial. Mr. Carl Lindsey stated he was representing the Lindsey family and the request for a usage change for the property located at 1201 West 10th Street. He stated having lived in the area for 5 FILE NO.: Z-7142 (Cont.) 15 years he was concerned about the future of the neighborhood. Mr. Lindsey stated the proposed use would enhance the neighborhood. He stated the application included landscaping and screening which would resemble residential. He stated the business would be a low volume traffic generator since most of the business activity would take place off site. He stated the location was to house files and be a central location to work from. Mr. Lindsey stated the business would have a sign. He stated State Law required bail bonding companies to place a sign on the exterior of the structure. Mr. Lindsey stated the office hours would be from 8:00 am to 5:00 pm Monday through Saturday. Mr. Lindsey stated he had spoken to the most of the neighbors within the 200 -foot required notification area and most had general information questions. He stated the Commission had received three letters of support for the project from neighbors adjoining the property. Mr. Lindsey stated he had spoken to the Pastor of the Mt. Zion Church and requested support and also had offered to meet with the members to explain the project. Mr. Lindsey stated the Pastor had indicated the concern of the church members was not the Lindsey business but the rezoning of the property to allow a non-residential use and what could be located on the site in the future. Mr. Lindsey stated he was willing to not allow any use on the property other than his family business in the future and take what ever action necessary to confirm this commitment. Commissioner Floyd questioned if another bail bonding business could located on the site if the Lindsey's moved their operation. Mr. Steven Giles, City Attorney's Office, stated as long as the new tenants did not alter the structure they could in fact move in and open for business. Mr. Dan Favors spoke in support of the application. He stated he was a partner in the business and the desire was to enhance the neighborhood. He stated with enterprise zones, urban renewal projects, revitalization efforts in every city in this country a redevelopment effort by investors should be a welcome site. He stated he agreed with staff's comment that the area was a fragile neighborhood. He stated the area was teetering on urban decay and complete aberration. He stated there were several boarded up homes in the area, which were otherwise 6 FILE NO.: Z-7142 (Cont.) known as crack houses. He stated his company was looking to invest in downtown Little Rock. He stated the business would employ family members, who also wanted to see the area revitalized. Mr. Favors stated the business would be held to a higher standard than other single-family in the area. Mr. Flavor stated the business was making an investment in the area with labor, capital and to provide an outreach. He stated the business would work with the youth in the area to provide education on how the criminal justice system worked. Commissioner Allen questioned if the applicant was willing to only use the facility for an office use only and not allow clients to visit the site. Mr. Flavor stated this was the intent. He stated State Law requires a bail bonding business to have a physical location to house all files. He stated with the nature of the business most if not all of the activity would take place off site and at area jails. Ms. Rita Carpenter -White spoke in opposition to the project. She stated she was an area resident and a life-long member of the Mt. Zion Church. She stated Mt. Zion was over 100 years old and had been at its present location for over 80 years. Ms. White stated Mt. Zion had been a viable part of the community. She stated the Dr. Martin Luther King Elementary School was one block from the site and a city park was in the immediate area. She stated she felt a bail bonding business would create an atmosphere detrimental to the church and church activities. Ms. White stated Mt. Zion Church was active in youth programs as well as senior citizen activities. She stated the church membership should not have to look over their shoulders or be afraid to worship because of a business in the neighborhood. She stated the bail bonding business was not appropriate for the area. She requested the Commission not allow such an element into the neighborhood, which was not sanctioned by the Mt. Zion Church. Ms. Ellen Carpenter spoke in opposition to the application. She stated she too was a life long member of Mt. Zion Church. Ms. Carpenter read to the Commission a letter issued by the Church stating opposition of the rezoning request. She stated the church had grown over the previous 100 years. She stated the Church buildings now encompass a 16� block area. She stated the connotation of a bail bonding business would not create "good vibes" for the area. Ms. Carpenter requested the 7 FILE NO.: Z-7142 (Cont. Commission deny the request and keep things the way they were currently, residential. Ms. Rose Cook spoke in opposition to the rezoning request. Ms. Cook stated she had been a member of Mt. Zion Church for 52 -years. She stated the food pantry was located on the corner across from the site. She stated the proposed business would create a negative connotation on Church activities. Ms. Cook stated the Church frequently held activities (Monday through Saturday) on the site and many of the activities took place in the Church parking lot (if weather permitted). She stated the business would be located directly across the street from the Church parking lot. Ms. Cook requested the Commission deny the request for rezoning and maintain the residential integrity of the area. Mr. Earnest Fingers spoke in opposition to the proposed rezoning request. Mr. Fingers stated he was the Chairman of the Trustee Board of the Mt. Zion Baptist Church. He stated the Church wanted to keep property values at the current levels. He stated the Church had concern that once a bonding company left what might located on the site. Mr. Fingers requested the Commission deny the request for rezoning and keep the area residential. Mr. Thomas Baskins spoke in opposition to the proposed rezoning request. He stated he was a member of the Church and, was instrumental in helping the Church with placement on the National Register of Historic Places. He stated he was notified as a part of the 200 -foot required notification process. He stated upon receipt of the notice he immediately took the notice to the Trustee Board. He stated the Trustee Board voted to not support the proposed rezoning request. The letter and vote were then taken to the Church Council, which voted to also oppose the proposed rezoning request. Commissioner Lowry questioned if the concern was the proposed business or the proposed future business which could locate on the site if the property were rezoned. Mr. Baskins stated both. He state create negative connotations for business were to leave and a new the Church could not be sure of business would be. 8 d the proposed business could area residents but if the business locate on the site what type neighbor the new FILE NO.: Z-7142 _(Cont.) Commissioner Nunnley asked what the position of the Church was with regard to a bail bonding business. Mr. Baskins stated when the Church voted they were unaware the business was a bail bonding business. He stated the Church opposed any non-residential use on the site. Mr. Lindsey stated a letter was sent to the Church several months ago. He stated he had spoken to the Pastor and requested a meeting to answer questions and concerns of Church Members. He stated he was not sure why the letter did not get to the Trustees. Mr. Lindsey stated the Pastor had indicated the concern was not the business but what may locate on the site in the future if the bail bonding business were to move. Mr. Lindsey stated the request before the Commission was a request for a usage change. He stated if the bail bonding business were to move the owners would not allow another business to locate on the site. Mr. Jim Lawson, Director of Planning and Development, stated if a new applicant came in with a request to locate on the site the applicant would recommend a usage change based on the previous use. The new applicant would not say this was a residential use and we want to use this as an office. The applicant would say this was an office use and I would like to use the site for another type office use. Commissioner Berry stated the Commission had approved Planned Developments and Conditional Use Permits in the heart of neighborhoods before. He stated the Commission had the job of looking at the area and determining what the area would be used for. Commissioner Berry stated the role of the Commission was to determine if an area was good for residential uses or for non-residential uses. He stated the role of the Commission was to determine if areas were viable housing for the future. Commissioner Berry stated he drove the area and in his opinion the structure was not viable housing for the future. He stated quiet office use was not uncommon in residential neighborhoods throughout the city. Commissioner Nunnley stated preservation of neighborhoods was important. He stated if the residential character of a neighborhood was changed the neighborhood was changed as well. Commissioner Nunnley stated Philander Smith College and Mt. Zion Church were trying to preserve the neighborhood and bring the area back. FILE NO.: Z-7142 {Cont. A motion was made to approve the Planned Development for an office. The motion failed 3 ayes, 8 noes and 0 absent. 10 February 14, 2002 ITEM NO.: 6.1 NAME: Lindsey Short -form PD -O T.ncATION: 1201 West 10th Street nVMPMOPER: ENGINEER: Marceliers Hewett 1919 West 10th Street Little Rock, AR 72202 AREA: .16 Acres CURRENT ZONING: PROPOSED ZONING: FILE NO.: Z-7142 Laha Engineers P.O. Box 190251 Little Rock, AR 72219 NUMBER OF LOTS: 1 R-41 two-family PD -O CURRENT ALLOWED USES: Residential PROPOSED USE: Office, Bail Bonds FT. NEW STREET: 0 VARIANCES/WAIVERS REQUESTED: None requested. A. PROPOSAL/REQUEST: The applicant is in the process of establishing a Bail Bonding Business and as a part of their plan, they would like to use the family property located at 1201 West 10"-h Street as the central office. The applicant has stated the bail bonding business is conducted off-site and very little traffic is anticipated on the site. The applicant proposes some renovations and improvements to the property, but does not intend to change the character of the site with the exception of the addition of three February 14, 2002 SUBDIVISION ITEM NO.: 6.1 (Cont. FILE NO.: Z-7142 parking spaces, a privacy fence to buffer the parking spaces and a small 24" x 24" wall mounted sign along the front of the house facing West 10th Street. B. EXISTING CONDITIONS: The site contains an existing single story single-family structure with residential structures located to the south and west of the site. The Mt. Zion Church is located across West 10th Street along with a large surface parking lot and the Cultural Arts Center is located across South Cross Street. For the most part the area south of West 10th Street consists of residential uses in the form of single-family or duplex structures. There are several structures "boarded -up" on South Pulaski Street between West 10th and West 11th Streets as is one side of a duplex on West 11th Street, east of South Cross Street. Other uses in the area include the Martin Luther King Elementary School, the 9th Street City Park, two office uses located in converted residential structures located to the northeast and a commercial use (Bromley Parts and Service) located along South Ringo Street one block to the east. C. NEIGHBORHOOD COMMENTS: All property owners within 200 feet of the site, all residents within 300 feet of the site who could be identified and the Downtown Neighborhood Association were notified of the public hearing. As of this writing staff has received two informational phone calls from the neighborhood. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: 1. Redesign parking lot to meet City ordinances, to prevent backing out into street. 2. Property frontage needs to have the sidewalks and ramps brought up to the current ADA standards. 3. Repair or replace any curb and gutter or sidewalk that is damaged in the public right-of-way prior to occupancy. 2 February 14, 2002 SUBDIVISION ITEM NO.: 6.1 (Cont. FILE NO.: Z-7142 4. Plans of all work in right-of-way shall be submitted for approval prior to start of work. S. All driveways shall be concrete aprons per City Ordinance. Increased width recommended. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer is available, not adversely affected. Enter Approved as submitted. ARKLA: No comment received. Southwestern Bell: Approved as submitted. Water: No objection. Fire Department: Approved as submitted. County Plannin : No comment received. LATA: Site is on Bus Route. #14 and has no effect on bus radius, turnout and route. F. ISSUES/TECHNICAL/DESIGN: Planning Division: The request is located in the Central City Planning District and is shown on the Future Land Use Plan as Single -Family. A Future Land Use Plan amendment is required (a change from Single -Family to Office) and is a separate item on this agenda (Item No. 6 File No. LU02-08- 02) . City Recognized Neighborhood Action Plan: The proposed application lies in the area covered by the Downtown Neighborhood's Plan for the Future Neighborhood Action Plan. The Plan contains several statements under the housing goal for promotion of downtown living and increasing home ownership and occupancy. 3 February 14, 2002 SUBDIVISION ITEM NO.: 6.1 (Cont.) Landscape Issues: FILE NO.: Z-7142 A minimum 6.7 foot wide landscape buffer is required north, south and west of the proposed parking area by both the zoning and landscape ordinances. This requirement will have to be taken into consideration with the redesign of the parking area. A 6 -foot high opaque screen, either a wooden fence with its face side directed outward or evergreens shrubs, are required to help screen this property from the residential properties to the south and west. Building Codes: No comment received. G. SUBDIVISION COMMITTEE COMMENT: (January 24, 2002) The applicant was present representing the application. Staff presented the item and noted additional information which was needed on the site plan, dumpster location, additional site lighting, fencing materials. Staff also stated the present design of the parking area would not allow for proper maneuvering and should be redesigned. Public Works comments were also presented and staff indicated these items would be required at the time of issuance of the building permit. After a brief discussion the Committee determined there were no outstanding issues associated with the proposed rezoning. The Committee then forwarded the issue to the full Commission for final action. H. ANALYSIS: The applicant submitted a revised site plan to staff on January 31, 2002 addressing most of the issues raised by staff and the Subdivision Committee. The applicant indicated there would not be a dumpster located on the site. The applicant also indicated any additional site lighting would be low level and directed away from residentially zoned property. 4 February 14, 2002 SUBDIVISION ITEM NO.: 6.1 (Cont. FILE NO.: Z-7142 The applicant revised the parking area to minimize the concerns of turning movements within the parking area. The applicant proposes four parking spaces in the rear of the structure, one of which will need to be eliminated due to the limited turning movement. With the elimination of one space, leaving three spaces, the proposed parking is well within typical ordinance parking requirement for a structure this size. (The structure is approximately 1000 square feet - typical ordinance parking requirement for an office use is 1 per space per 400 square feet or 2 spaces The applicant is proposing a six-foot wooden fence adjacent to the south property line, running from the back edge of the house to the property line then turning north on the west property line and running north to the edge of the parking lot. The applicant then proposes a four -foot wooden fence to the street right-of-way. The proposal also includes the placement of evergreen shrubs on the north, south and west property line. This proposal for screening is adequate to meet the buffering requirement. The applicant will be required to direct the face side outward. The applicant proposes the day and hours of operation to be Monday through Saturday from 8:00 am to 5:00 pm. The applicant proposes the maximum number of employees to be four with only two employees present at the site on most occasions. Staff is not supportive of the application. Staff feels the development would intrude into a relatively fragile neighborhood. The area contains a large number of vacant lots and boarded up houses. Although the area to the north of the site is non-residential, the site is a church. This use has historically been considered a neighborhood activity. The church has acquired a half block to the east of the sanctuary and placed a parking lot on the site. With the construction of the parking lot the congregation is no longer parking within the neighborhood thus minimizing the negative impact even 5 February 14, 2002 SUBDIVISION ITEM NO.: 6.1 (Cont.) FILE NO.: Z-7142 more. There are other office uses in the area, which are on the portion of West 10th Street, which was abandoned by the I-630 interchange construction. I. STAFF RECOMMENDATION: Staff recommends denial of the application as filed. PLANNING COMMISSION ACTION: (FEBRUARY 14, 2002) Mr. Carl Lindsey was present representing the application. There were several objectors present. Staff presented the application with a recommendation of denial. Mr. Carl Lindsey stated he was representing the Lindsey family and the request for a usage change for the property located at 1201 West 10th Street. He stated having lived in the area for 15 years he was concerned about the future of the neighborhood. Mr. Lindsey stated the proposed use would enhance the neighborhood. He stated the application included landscaping and screening which would resemble residential. He stated the business would be a low volume traffic generator since most of the business activity would take place off site. He stated the location was to house files and be a central location to work from. Mr. Lindsey stated the business would have a sign. He stated State Law required bail bonding companies to place a sign on the exterior of the structure. Mr. Lindsey stated the office hours would be from 8:00 am to 5:00 pm Monday through Saturday. Mr. Lindsey stated he had spoken to the most of the neighbors within the 200 -foot required notification area and most had general information questions. He stated the Commission had received three letters of support for the project from neighbors adjoining the property. Mr. Lindsey stated he had spoken to the Pastor of the Mt. Zion Church and requested support and also had offered to meet with the members to explain the project. Mr. Lindsey stated the Pastor had indicated the concern of the church members was not the Lindsey business but the rezoning of the property to allow a non-residential use and what could be February 14, 2002 SUBDIVISION ITEM NO.: 6.1 (Cont.) FILE NO.: Z-7142 located on the site in the future. Mr. Lindsey stated he was willing to not allow any use on the property other than his family business in the future and take what ever action necessary to confirm this commitment. Commissioner Floyd questioned if another bail bonding business could located on the site if the Lindsey's moved their operation. Mr. Steven Giles, City Attorney's Office, stated as long as the new tenants did not alter the structure they could in fact move in and open for business. Mr. Dan Favors spoke in support of the application. He stated he was a partner in the business and the desire was to enhance the neighborhood. He stated with enterprise zones, urban renewal projects, revitalization efforts in every city in this country a redevelopment effort by investors should be a welcome site. He stated he agreed with staff's comment that the area was a fragile neighborhood. He stated the area was teetering on urban decay and complete aberration. He stated there were several boarded up homes in the area, which were otherwise known as crack houses. He stated his company was looking to invest in downtown Little Rock. He stated the business would employ family members, who also wanted to see the area revitalized. Mr. Favors stated the business would be held to a higher standard than other single-family in the area. Mr. Flavor stated the business was making an investment in the area with labor, capital and to provide an outreach. He stated the business would work with the youth in the area to provide education on how the criminal justice system worked. Commissioner Allen questioned if the applicant was willing to only use the facility for an office use only and not allow clients to visit the site. Mr. Flavor stated this was the intent. He stated State Law requires a bail bonding business to have a physical location to house all files. He stated with the nature of the business most if not all of the activity would take place off site and at area jails. rJ February 14, 2002 SUBDIVISION ITEM NO.: 6.1 (Cont.) FILE NO.: Z-7142 Ms. Rita Carpenter -White spoke in opposition to the project. She stated she was an area resident and a life-long member of the Mt. Zion Church. She stated Mt. Zion was over 100 years old and had been at its present location for over 80 years. Ms. White stated Mt. Zion had been a viable part of the community. She stated the Dr. Martin Luther King Elementary School was one block from the site and a city park was in the immediate area. She stated she felt a bail bonding business would create an atmosphere detrimental to the church and church activities. Ms. White stated Mt. Zion Church was active in youth programs as well as senior citizen activities. She stated the church membership should not have to look over their shoulders or be afraid to worship because of a business in the neighborhood. She stated the bail bonding business was not appropriate for the area. She requested the Commission not allow such an element into the neighborhood, which was not sanctioned by the Mt. Zion Church. Ms. Ellen Carpenter spoke in opposition to the application. She stated she too was a life long member of Mt. Zion Church. Ms. Carpenter read to the Commission a letter issued by the Church stating opposition of the rezoning request. She stated the church had grown over the previous 100 years. She stated the Church buildings now encompass a 16-� block area. She stated the connotation of a bail bonding business would not create "good vibes" for the area. Ms. Carpenter requested the Commission deny the request and keep things the way they were currently, residential. Ms. Rose Cook spoke in opposition to the rezoning request. Ms. Cook stated she had been a member of Mt. Zion Church for 52 -years. She stated the food pantry was located on the corner across from the site. She stated the proposed business would create a negative connotation on Church activities. Ms. Cook stated the Church frequently held activities (Monday through Saturday) on the site and many of the activities took place in the Church parking lot (if weather permitted) . She stated the business would be located directly across the street from the Church parking lot. Ms. Cook requested the Commission deny the request for rezoning and maintain the residential integrity of the area. 8 February 14, 2002 SUBDIVISION ITEM NO.: 6.1 (Cont.) FILE NO.: Z-7142 Mr. Earnest Fingers spoke in opposition to the proposed rezoning request. Mr. Fingers stated he was the Chairman of the Trustee Board of the Mt. Zion Baptist Church. He stated the Church wanted to keep property values at the current levels. He stated the Church had concern that once a bonding company left what might located on the site. Mr. Fingers requested the Commission deny the request for rezoning and keep the area residential. Mr. Thomas Baskins spoke in opposition to the proposed rezoning request. He stated he was a member of the Church and was instrumental in helping the Church with placement on the National Register of Historic Places. He stated he was notified as a part of the 200 -foot required notification process. He stated upon receipt of the notice he immediately took the notice to the Trustee Board. He stated the Trustee Board voted to not support the proposed rezoning request. The letter and vote were then taken to the Church Council, which voted to also oppose the proposed rezoning request. Commissioner Lowry questioned if- the concern was the proposed business or the proposed future business which could locate on the site if the property were rezoned. Mr. Baskins stated both. He stated the proposed business could create negative connotations for area residents but if the business were to leave and a new business locate on the site the Church could not be sure of what type neighbor the new business would be. Commissioner Nunnley asked what the position of the Church was with regard to a bail bonding business. Mr. Baskins stated when the Church voted they were unaware the business was a bail bonding business. He stated the Church opposed any non-residential use on the site. Mr. Lindsey stated a letter was sent to the Church several months ago. He stated he had spoken to the Pastor and requested a meeting to answer questions and concerns of Church Members. He stated he was not sure why the letter did not get to the Trustees. Mr. Lindsey stated the Pastor had indicated the concern was not the business but what may locate on the February 14, 2002 SUBDIVISION ITEM NO.: 6.1 (Cont.) FILE NO.: Z-7142 site in the future if the bail bonding business were to move. Mr. Lindsey stated the request before the Commission was a request for a usage change. He stated if the bail bonding business were to move the owners would not allow another business to locate on the site. Mr. Jim Lawson, Director of Planning and Development, stated if a new applicant came in with a request to locate on the site the applicant would recommend a usage change based on the previous use. The new applicant would not say this was a residential use and we want to use this as an office. The applicant would say this was an office use and I would like, to use the site for another type office use. Commissioner Berry stated the Commission had approved Planned Developments and Conditional Use Permits in the heart of neighborhoods before. He stated the Commission had the job of looking at the area and determining what the area would be used for. Commissioner Berry stated the role of the Commission was to determine if an area was good for residential uses or for non-residential uses. He stated the role of the Commission was to determine if areas were viable housing for the future. Commissioner Berry stated he drove the area and in his opinion the structure was not viable housing for the future. He stated quiet office use was not uncommon in residential neighborhoods throughout the city. Commissioner Nunnley stated preservation of neighborhoods was important. He stated if the residential character of a neighborhood was changed the neighborhood was changed as well. Commissioner Nunnley stated Philander Smith College and Mt. Zion Church were trying to preserve the neighborhood and bring the area back. A motion was made to approve the Planned Development for an office. The motion failed 3 ayes, 8 noes and 0 absent. 10