The Independence School District (ISD) owned these two lots adjacent to the northwest corner of the William Chrisman High School site for many years. Recently, ISD conveyed the vacant southern lot, 1300 N. High Street, to the Truman Heritage Habitat for Humanity in order that the organization may construct a single family home on the lot. ISD will retain the 1304 lot for its construction academy students to renovate the existing house. No historic data is available on the commercial zoning, which has been in place since at least 1965.
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. As single family homes are not permissible in a C-2 district, the property must be rezoned.
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 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 zoning and uses are harmonious with other nearby properties.
4. The compatibility of the proposed zoning and allowed uses with the character of the neighborhood – The proposed zoning and permissible uses are more compatible with the character of the neighborhood than the existing C-2 zoning.
5. The suitability of the subject property for the uses to which it has been restricted under the existing zoning regulations – The subject property is not suitable for commercial uses.
6. The length of time the subject property has remained vacant as zoned – The 1300 lot has been vacant for well over 20 years, the 1304 lot contains an existing small home.
7. The extent to which approving the rezoning will detrimentally affect nearby properties – The rezoning of these properties to R-6 should have a position effect on the adjoining on nearby properties.
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 –There would be no gain to the public if these properties were not rezoned and it would not allow the owners to make improvements to the land.
Planning Commission Action: At its February 27, 2018 Planning Commission meeting, the motion for approval passed 4-0, 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, C-2 zoning allows for various office, retail, restaurant and service uses while R-6 zoning is limited to primarily single family homes.
- That, this property has been zoned C-2 since at least 1965.
- That the rezoning of the property to R-6 would allow for a single family home to be constructed on the southern, vacant lot.
- That, at the Planning Commission hearing, one person asked a question of the applicant but was not opposed to the rezoning application.
- That, at the hearing, no protest petition was submitted in opposition to the application.
Draft Planning Commission minutes are attached to this Council agenda item.