In the late 1950’s or early 1960’s the City rezoned most of its major arterials 200 feet back from the right-of-way to C-2 with the idea that this preemptive rezoning would contribute to increased and more uniform development along the corridors. This ‘strip zoning’ is particularly evident along the US 24 and US 40 Highway corridors. While this preemptive rezoning did spur some development, it presents challenges as it created lots with dual zoning classifications, usually residential on the rear and commercial along the lots’ frontage. This is the case with the applicant’s property, where the 200 foot boundary splits the parcel with the southern/eastern portion being zoned C-2 with the remaining northern/western part being R-6.
The applicant has operated an auto repair shop from the southwest (C-2) corner of this lot since March, 1982. A two family dwelling in the front of the lot is partly zoned R-6 and partly C-2. With the demolition of the duplex expected in the next few weeks, Mr. Williams plans to improve the property for his business.
Previously, Mr. Williams has restricted his business operations to the C-2 part of the lot leaving the R-6 portion behind the duplex as yard area for the building’s tenants. If the entire property is zoned C-2, site improvements must be made including the proper paving of the parking lot and the construction of buffer screening along the north property line. If the R-6 portion of the lot is not rezoned, Mr. Williams is precluded from using any part of the residential zoned area for any business purposes, including the parking/storage of vehicles.
Current/Proposed Zoning: The R-6 zoning classification allows for single family dwellings and various other uses (schools, government facilities) while C-2 allows for office, retail, restaurant and service uses.
Site Access: A single gravel driveway from Kiger Road provides access to both the auto shop and the duplex.
Historic and Archeological Sites: There are no apparent historic issues with this property.
Comprehensive Plan: The Comprehensive Plan envisions Commercial uses for this site.
Public Utilities: All utilities are available to the 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 Commercial uses for this site.
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 the site.
3. The compatibility of the proposed zoning with the zoning and use of nearby property, including any overlay zoning - This proposed rezoning and possible uses are compatible with the uses and character of the commercial properties to the south and east but not with the residential properties to the north/northwest.
4. The compatibility of the proposed zoning and allowed uses with the character of the neighborhood - These edge properties along the city’s commercial corridors have long been an issue. This is certainly true with the applicant’s property not only having dual zonings but dual land uses as well. Comparing the auto sales lot to the south with the single family residential use to the north, commercial use may be more appropriate here, if the proper steps are taken to protect the integrity of the residential property to the north.
5. The suitability of the subject property for the uses to which it has been restricted under the existing zoning regulations – The dual zoning designation of this property is unviable as neither portion (zoned R-6 or C-2) of this lot is large enough for any use.
6. The length of time the subject property has remained vacant as zoned – The property contained a duplex and the auto shop since at least 1982.
7. The extent to which approving the rezoning will detrimentally affect nearby properties – If the rezoning is approved and the applicant expands his business, improvements must be made to the site to keep it from having a detrimental effect on the residential properties to the north.
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 – If the rezoning is denied it would have a negative effect on the owner.
Planning Commission Action: At its February 13, 2018 Planning Commission meeting, the motion for approval passed 6-0, 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-2 allows for various office, retail, restaurant and service uses, including an auto repair shop.
- That, the applicant has operated his auto repair shop from the southern part of the property since March, 1982.
- That, at the Planning Commission hearing, two people spoke against the application.
- That, at the hearing, staff advised the Planning Commission members, and the public, that a protest petition had been submitted in opposition to this rezoning application but the petition did not have the sufficient amount of signatures from adjacent landowners to constitute a valid protest petition. The protestors indicated that they would continue to acquire the necessary signatures.
Draft Planning Commission minutes are attached to this Council agenda item.