The applicant, Anita J. Jonas, requests to rezone the properties located at 9507 and 9515 E. 32nd Street S. (Wundervue, Lots 26, 27 and 28) from R-18/PUD (Moderate Density Residential) to R-6 (Single-Family Residential). The western lot (9507) is a vacant lot. The other two lots at 9515 are the site of a residential building and former assisted living facility.
The residence was designed and built in the late 1980’s as a group home for the mentally disabled and features handicapped accessible facilities throughout. Prior to 2011, the longtime owner decided to retire and sell the property to a buyer to convert into a 10-bed assisted living facility for senior citizens. Approximately two years ago, the building was fire damaged and repaired. Currently, the residence is unoccupied.
Ms. Jonas has rehabbed a number of homes in Independence over the past two years. Now she intends to renovate this residential structure, vacant for more than a year, into a single-family residence. Although not originally built as a single-family residence, it looks like a large single-family home and its use will be in character with the surrounding single-family neighborhood.
Currently, the lot is zoned R-18/PUD. This zoning allows for several types of multi-family dwellings, either by right or as a conditional use as well as child daycares, schools, churches, cemeteries, and other uses specified in the City Code. R-6 which allows for single family homes, allows for child day cares, schools, churches, cemeteries, and other specified uses in the City Code, as well.
The Comprehensive Plan envisions Residential Neighborhood uses for the vicinity.
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 Residential Neighborhood 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 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 uses in the surrounding neighborhood, which are single-family residences in an R-6 district;
4. The compatibility of the proposed zoning and allowed uses with the character of the neighborhood – The proposed zoning and allowed uses will be compatible with character of the existing 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 – Given the existing single-family neighborhood, the property is more suitable for single-family verses multiple-family uses;
6. The length of time the subject property has remained vacant as zoned – The house has been vacant for more than a year;
7. The extent to which approving the rezoning will detrimentally affect nearby properties – The proposed zoning and use is completely consistent with the surrounding single-family neighborhood;
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 – Approval of the application is a positive for the neighborhood and the City at large, reinforcing the single-family character of the neighborhood.
Planning Commission Action: At its May 22, 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, R-18/PUD zoning allows for several types of multi-family dwellings, either by right or as a conditional use as well as child daycares, schools, churches, cemeteries, and other uses specified in the City Code. R-6 which allows for single-family homes, allows for child day cares, schools, churches, cemeteries, and other specified uses in the City Code.
- That, this property has been zoned O-1 (or its equivalence in the previous Code) since at least 1965.
- That, rezoning of the property to R-6 would prohibit duplexes or multiple-family residences on the lots.
- 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.