Zoning- Rezoning the property to C-1 would permit or conditionally permit, or by special use allow the following kind of uses: second story and partial building residential uses, group living, nursing homes, homeless shelters, soup kitchens, daycare centers, government, libraries, parks, churches, safety services, schools, utilities, pet shops, vet clinics, art spaces, construction services offices, restaurants with and without drive-throughs, small indoor spectator sports facilities, financial services (but not pawn shops or short-term loan facilities), food and beverage sales, undertaking, medical services, offices, fitness and personal improvement services, repair and laundry services, convenience stores, artisan manufacturing, agriculture (crop and urban), and cell and radio towers.
Access- The property has access via a curb cut and driveway apron along E. Sunset Drive. The street’s intersection with Route M-291 is at a break in the concrete barrier, with left turn lanes from the highway.
Utility Services- Water and electrical services are available in the E. Sunset Drive right-of-way. Sanitary sewers are not available for this property.
Storm Water: There is a storm drainage conduit along the E. Sunset Drive right-of-way.
Historic Building/Site: This is not a known historic site.
Review Criteria: Recommendations and decisions on rezoning applications must be based on consideration of all of the following criteria:
1. Conformance of the requested zoning with the Comprehensive Plan – The Comprehensive Plan envisions Low-Medium Density Residential;
2. Conformance of the requested zoning with any adopted neighborhood or sub-area plans in which the property is located or abuts – There are no adopted neighborhood or sub-area plans for these parcels;
3. The compatibility of the proposed zoning with the zoning and use of nearby property, including any overlay zoning – The proposed zoning could be compatible with uses found along the Route M-291 corridor. Although, single-family residential zonings and uses often abut similar properties, access issues may encourage driving through the residential neighborhood;
4. The compatibility of the proposed zoning and allowed uses with the character of the neighborhood – Many of the proposed zoning’s uses can be compatible with the character of the neighborhood if mitigated by design layout, landscaping and screening;
5. The suitability of the subject property for the uses to which it has been restricted under the existing zoning regulations – Given the lot’s adjacency to Route M-291, it is very unlikely it will be used for one of the R-6 uses (particularly for a single-family residence);
6. The length of time the subject property has remained vacant as zoned – The property has remained vacant for at least two decades;
7. The extent to which approving the rezoning will detrimentally affect nearby properties – Again, because of access and traffic issues, some drivers may venture through the adjacent residential neighborhood when leaving the property;
8. The gain, if any, to the public health, safety and welfare due to denial of the application, as compared to the hardship imposed upon the landowner, if any, as a result of denial of the application – Denial of the application will keep potential customer traffic of the use from driving through the neighborhood; however, denial could cause a hardship for the applicant by leaving him with a difficult to market residential lot.
Planning Commission Action: At its January 23, 2018 Planning Commission meeting, the motion for approval passed 6 to 0, after consideration of the following facts:
- That, the rezoning is consistent with the review criteria listed in Section 14-701-02 of the City Code.
- That, a public hearing was held pursuant to a notice duly published according to law, at which time all interested parties were given the full opportunity to be heard.
- That, rezoning this tract to C-1 would permit most office, government, service, religious and retail uses; District R-6 permits religious, government, civic, educational and residential uses, but not food trucks.
- That, the proposed food truck location should not result in a traffic problem given the driveway entrance sets away from Route M-291.
- That, at the Planning Commission hearing, one nearby resident spoke against the application.
- That, at the hearing, no petition protesting this application was presented.
Draft Planning Commission minutes are attached to this Council agenda item.