January 2018, property owner Jason Palmer rezoned this entire tract from R-6 (Single-Family Residential) to C-2 (General Commercial). This property abutting R. D. Mize Road contains a parking lot, a small house and church building. At that time, Mr. Palmer sought to rezone the property and convert the church building into a banquet hall, to be used for anniversary parties, banquets, and wedding receptions; however such plans have not come to fruition. Recently he received an offer to sell the house independently of rest of the property. To this end, he is in the process of replatting this property to create a lot for the house and rezoning it to R-6.
The occupied house is a white, two-story, wood frame structure resting close to the street with a driveway on its northern side.
Consistency with Independence for All, Strategic Plan:
Downzoning the part of this underutilized property from C-2 to R-6 will help sustain the residential character of the neighborhood on the east side of R. D. Mize Road.
Comprehensive Plan Guiding Land Use Principles:
The City Comprehensive Plan recommends Residential Neighborhood uses for this site. The continued use of the site for residential property is more appropriate here that the conversion of the house into small office or retail space.
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 no recent neighborhood or sub-area plans for this area.
3. The compatibility of the proposed zoning with the zoning and use of nearby property, including any overlay zoning.
Adjacent to the north and across the street to the west are park and commercial uses zoned R-30/PUD, C-1 and C-2, respectively. The residential zoning, to the south and east, feature the rear yards of deep single-family lots and an elementary school.
4. The compatibility of the proposed zoning and allowed uses with the character of the neighborhood.
This area on the east side of R. D. Mize has a more residential character, consisting of a church (now zoned C-2), school and residential properties to the east and south. On the west side of the street however all properties are zoned some level of commercial and generally in commercial use.
5. The suitability of the subject property for the uses to which it has been restricted under the existing zoning regulations.
While this small house could be converted into an office or small retail use, it was designed and constructed as a single family home and use that way for decades.
6. The length of time the subject property has remained vacant as zoned.
The house is currently occupied as a residence.
7. The extent to which approving the rezoning will detrimentally affect nearby properties.
The rezoning would be compatible with zoning to the east and south and will have no detriment effect on the multi-family and commercially zoned properties to the north and west.
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 as he would not be able to convey the property for use as a single family home.
Planning Commission Action: At its June 9, 2020 Planning Commission meeting, the motion for approval passed 6-0, 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 current C-2 (General Commercial) zoning allows the following uses: retail, office, restaurants, meeting halls, banks, daycare centers, government facilities, churches, schools, colleges and universities, and medical services.
- That, the proposed R-6 (Single Family Residential) allows the following uses: single family dwellings, churches, and schools.
- That, at the Planning Commission hearing, the owner’s representative spoke in favor of the application, and no one spoke against the proposed rezoning.
- That, the project is in conformance with the Comprehensive Plan’s recommended land use of ‘Residential Neighborhood’ for the site.
- That, no protest petition was submitted in opposition to the application.
Draft Planning Commission minutes:
"Case 20-100-05 – Rezoning – 2415 S. RD Mize Road
Stuart Borders presented the case. Mr. Borders presented the Commission with a vicinity map, noting the area and surrounding zoning. He presented the Commission with an aerial map indicating the project area and explained the surrounding land uses.
Jim Gamble stated he represents the applicant, Mr. Jason Palmer. Mr. Gamble stated an event center had been planned for this property, but it has not been built and the plan has changed. He stated Mr. Palmer has a buyer for the single family residence and would like this property rezoned back to single family residential.
No public comments.
Commissioner Weir made a motion to approve Case 20-100-05 – Rezoning – 2415 S. RD Mize Road. Commissioner Wiley seconded the motion. The motion passed with five affirmative votes."