While plans have not yet been finalized, the applicant intends to construct a 6,000 SF+/- building and related improvements for weddings, meetings, parties, and other such events. Years ago, this site was to be part of a multi-building apartment complex, a permissible use under the former, and current, zoning classification. However, only a single building was constructed, located just west of this site, now on its own lot. As E. 32nd Street terminates about half way along the north side of the lot, the project was going to be accessed by a private driveway extending from the cul-de-sac south into the site.
Currently, this property is zoned O-1 which allows for multi-family dwellings, banks, restaurants, offices, medical services, as well as schools, churches, cemeteries, and other uses specified in the City Code. Zoning district C-2 allows for utilities and services, construction services, hair salons, banks, entertainment venues, offices, restaurants, and retail sales.
The City’s new Comprehensive Plan envisions Residential Neighborhood uses for this site with Community Commercial uses for the property to the east adjacent to M-291 Highway.
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 as the former use was planned for multi-family residential. However, the surrounding properties to the south and east are envisioned for Commercial uses.
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 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 C-2 zoning classification is compatible with property adjoining much of this segment of M-291 Highway. Properties directly to the north, and west are zoned O-1 and are in office or multi-family use.
4. The compatibility of the proposed zoning and allowed uses with the character of the neighborhood – In association with the neighboring office and multifamily character, the site has long been zoned O-1. The proposed zoning would be compatible with these adjoining uses.
5. The suitability of the subject property for the uses to which it has been restricted under the existing zoning regulations – The O-1 district allows for office and multi-family development but not a banquet facility as proposed by the property owner.
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 – This rezoning will allow the owner to make use of the property with minimal negative effects on health safety and welfare.
Planning Commission Action: At its December 11, 2018 Planning Commission meeting, the motion for approval passed 7-0, 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, the proposed C-2 zoning allows for retail, restaurant, service, banking, office, government, as well as schools, churches, cemeteries, and other uses specified in the City Code.
- 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.