This area of R-30/PUD and R-6 zonings sets in an existing single-family neighborhood, which is zoned R-6. Rezoning these lots would eliminate this zoning anomaly. The R-6 zoning classification allows for single-family dwellings and various other uses (schools, government facilities) while R-30/PUD allows for the later uses and multiple family uses, but not single-family uses.
There are no apparent historic issues with this property.
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 Low-Medium 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 rezoning and possible uses are compatible with the uses of the surrounding single-family residential neighborhood;
4. The compatibility of the proposed zoning and allowed uses with the character of the neighborhood - This proposed rezoning and possible uses are compatible with the character of the surrounding single-family residential neighborhood;
5. The suitability of the subject property for the uses to which it has been restricted under the existing zoning regulations – The R-30/PUD zoning designation for the northern portion of the eastern lot could be suitable, but a single-family designation for the entirety of both lots is arguably more suitable;
6. The length of time the subject property has remained vacant as zoned – The east property contained a motor court for decades, but the lot has been vacant since at October 2016. The western lot has an existing single-family residence;
7. The extent to which approving the rezoning will detrimentally affect nearby properties – If rezoned, there should be not be any detrimental effects 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 – If rezoned to single-family residential, the single-family nature of the surrounding neighborhood would be reinforced. Further, the property owner could market at least two new single-family lots and bring the western one with the existing residence into conformance.
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, rezoning these lots to R-6 allows for single-family residential and other R-6 uses.
- That, the single-family residence on the western lot, as currently zoned, is legal nonconforming.
- That, at the Planning Commission hearing, no one spoke against the application.
Draft Planning Commission minutes are attached to this Council agenda item.