Mr. Schroeder has owned the subject property, 119 N. Wilson Road, and the adjoining lot at 121, for a few years. The property at 119 has been zoned R-12 (Two Family Residential) while the property at 121 has been zoned I-1 (Industrial) since at least November, 1965. Both lots are currently vacant; 121 contained a single family home until seven or eight years ago. The applicant now seeks to rezone the 119 lot from R-12 to I-1 in order to match the zoning of the adjoining 121 lot. He has no immediate plans for use of the properties.
Currently, the lot is zoned R-12 which allows for both single and two family dwellings, as well as schools, churches, cemeteries, and other uses specified in the City Code. Zoning district I-1 allows for utilities and services, construction services, offices, gasoline/fuel sales, heavy equipment sales/service, manufacturing, warehousing, warehousing, and recycling services.
The City’s new Comprehensive Plan envisions Residential Neighborhood uses for the vicinity.
Except for service and commercial properties along E. Truman to the north and northeast, this area is comprising of single and two family dwellings.
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 for this site.
3. The compatibility of the proposed zoning with the zoning and use of nearby property, including any overlay zoning –– The proposed zoning classification is compatible with lots north/northwest of the site but not to the lots to the south, east and west. As the property will have industrial zoning, the potential uses will not be compatible with the land uses to the south, east and west.
4. The compatibility of the proposed zoning and allowed uses with the character of the neighborhood – The proposed zoning classification is compatible with lots north/northwest of the site which are in commercial/service use; properties to the east, west, and south are zoned and are in residential use.
5. The suitability of the subject property for the uses to which it has been restricted under the existing zoning regulations – The current zoning, R-12 restricts the property to primarily single and two family dwellings.
6. The length of time the subject property has remained vacant as zoned – The lot has been vacant for many years.
7. The extent to which approving the rezoning will detrimentally affect nearby properties – If the project built on site is developed with the proper screening/buffering and other City Code requirements, it should have an limited impact on the neighboring 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 – The rezoning of this property will allow the owner to make better use of both lots as the individual lots have limited development potential.
Planning Commission Action: At its October 9, 2018 Planning Commission meeting, the motion for approval passed 5-0, 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, R-12 zoning allows for single family and two family homes, schools, churches, and other similar uses by right. This property has been zoned R-12 (or its equivalence in the previous Code) since at least 1965.
- That, I-1 zoning allows for colleges, construction services, auto repair, industrial uses, warehousing and other similar uses by right.
- That, I-1 zoning would be both compatible with the adjoining I-1 zoned property.
- 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.