Current/Proposed Zoning - The R-6 zoning classification allows for single-family dwellings and various other uses (cemeteries, schools, government facilities and some agricultural activities). While R-A zoning permits single-family uses and other civic and governmental uses as with the R-6 classification, it also permits the full array of agriculture activities.
Comprehensive Plan - The City’s new Comprehensive Plan, Imagine Independence, designates this site for Residential Neighborhoods.
Historic and Archeological Sites - There are no apparent historic issues with this property.
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 Imagine Independence plan envisions Residential Neighborhoods 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 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. – This would be the only R-A zoning along Salisbury Road. The property south of Salisbury is developed as large lot residences that are zoned R-6 while the area north of Salisbury is developed as traditional single family residential;
4. The compatibility of the proposed zoning and allowed uses with the character of the neighborhood – The property has been used under the current R-6 zoning since the house was built. Rezoning only this lot would change the character of the area;
5. The suitability of the subject property for the uses to which it has been restricted under the existing zoning regulations – This property is suitable for a residential use similar to other adjacent and nearby large lot residences;
6. The length of time the subject property has remained vacant as zoned – The property has had a single-family residence for many years;
7. The extent to which approving the rezoning will detrimentally affect nearby properties –If zoned to R-A, the proposed zoning not would be compatible with adjacent single-family residences;
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, the raising on livestock on the property would be limited and interior of grassy fields would need to be mowed.
Planning Commission Action: At its January 29, 2019 Planning Commission meeting, the motion for approval failed to pass 0-5, after consideration of the following facts:
1. That, the rezoning is not 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 R-6 zoning classification allows for single-family dwellings and various other uses (cemeteries, schools, government facilities and some agricultural activities);
- That, while R-A zoning permits single-family uses and other civic and governmental uses as with the R-6 classification, it also permits the full array of agriculture activities and allowances;
- That, R-A zoning would be incompatible with the adjoining residential uses and R-6 zonings;
- 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.