The City’s proposed Comprehensive Plan (currently nearing completion) envisions Business Park uses for the vicinity. Light Industrial uses are a component of this land use category. The applicant intends to confine its manufacturing activities to inside the proposed building. The nonresidential design requirements in the Unified Development Ordinance (UDO) for Industrial zonings will govern the aesthetics of any proposed structure, especially the façades of buildings visible from Little Blue Parkway and RD Mize Road.
Current/Proposed Zoning: The R-6 zoning classification allows for single-family dwellings and various other uses (schools, churches, government facilities, cemeteries, home-based daycare, agriculture and others with conditions), while I-1 zoning allows for manufacturing and various other uses (warehousing, wholesaling, indoor sports facilities, construction services, shelter and veterinary services, universities, daycare, art spaces, business equipment sales and maintenance, business support services, communication services, gasoline sales, office space, laundry and repair services, carwashes, recycling centers, agriculture and others with conditions).
Stream Buffer: Most of the southern portion of the property lies within the buffer zones of a 3rd Order Stream as defined by the City’s Stream Setback Ordinance. Further, most of the property is within the 500 year flood plan (and portions within the 100 year flood plan). Most of this area will remain unimproved as required.
Site Access: Access to the property will need to be from RD Mize Road. Little Blue Parkway is intended to have a limited number of accesses along its length.
Historic and Archeological Sites: There are no apparent historic issues with this property.
Public Utilities: Sewer, water and electrical service 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 new Comprehensive Plan envisions Business Park uses for this site. The existing plan envisions Medium Density Residential uses;
2. Conformance of the requested zoning with any adopted neighborhood or sub-area plans in which the property is located or abuts - Little Blue Valley Comprehensive Plan Amendment envisions Industrial uses;
3. The compatibility of the proposed zoning with the zoning and use of nearby property, including any overlay zoning –– The property is located in a relatively undeveloped area envisioned for Business Park uses. Industrial zoned lots lie nearby to the northwest along S. Jackson Drive. Surrounding R-6 zoned properties are largely undeveloped at this time;
4. The compatibility of the proposed zoning and allowed uses with the character of the neighborhood – Given the relatively undeveloped nature of the immediate area, the character of the neighborhood has yet to be established. Nearby industrial buildings along S. Jackson Drive do not meet current design requirements for nonresidential industrial structures;
5. The suitability of the subject property for the uses to which it has been restricted under the existing zoning regulations – The new Comprehensive Plan does not envision residential development along this section of the Little Blue Parkway corridor. Given Little Blue Parkway and RD Mize Road should emerge as a major intersecting roadways, single-family residential uses would not be the most appropriate use at this intersection;
6. The length of time the subject property has remained vacant as zoned – The property contained a rural residence for many years prior to recently becoming nearly vacant;
7. The extent to which approving the rezoning will detrimentally affect nearby properties – It could introduce an activity with some outdoor storage that may not be compatible with surrounding uses. However, if appropriately screened this may not be an issue;
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 financial effect on the owner. Again, it could introduce some outdoor storage that may not be compatible with the envisioned Business Park uses. However, if appropriately screened this may not be an issue.
Planning Commission Action: At its March13, 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 lots to I-1 allows for light manufacturing and other I-1 uses.
- That, the site’s location is not compatible with R-6 zoning.
- That, at the Planning Commission hearing, no one spoke against the application.
Draft Planning Commission minutes are attached to this Council agenda item.