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 Residential Neighborhood uses for this site. The existing plan envisions Low-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 – There is not any sub-area plans;
3. The compatibility of the proposed zoning with the zoning and use of nearby property, including any overlay zoning –– The proposed zoning is consistent with the zoning and use to the south; however, depending on screening and other mitigating factors, uses permitted in the industrial zoning category may not be compatible with adjacent and nearby residential uses;
4. The compatibility of the proposed zoning and allowed uses with the character of the neighborhood – The proposed zoning and allowed uses would be compatible with character of the property to the south, but not to those to the east, north and west;
5. The suitability of the subject property for the uses to which it has been restricted under the existing zoning regulations – Both the new and existing Comprehensive Plans do not envision industrial uses along N. Kiger Road. Residential uses and zoning are dominant to the north , west and east of the property;
6. The length of time the subject property has remained vacant as zoned – It has been more than six months since a legal nonconforming tow lot has been discontinued;
7. The extent to which approving the rezoning will detrimentally affect nearby properties – The legal nonconforming use that was inconsistent with the uses on the adjacent residentially zoned properties has been eliminated. Rezoning this property reestablishes an incompatible use and is contrary to the existing and proposed Comprehensive Plans;
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 would reintroduce an incompatible use and is contrary to the existing and proposed Comprehensive Plans.
Planning Commission Action: At its April 10, 2018 Planning Commission meeting, the motion for approval passed 5-2, 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, 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).
- That, this property has been zoned R-12 (or the equivalent R-2 prior to passage of the Unified Development Ordinance) since at least 1965.
- That, the rezoning of the property to I-1 would allow the applicant to use a property not in a state conducive to single-family development.
- That, at the Planning Commission hearing, no one spoke in opposition 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.