Commissioner Paul Michell made a motion to recommend approval of the application.  A second to the motion was made by Commissioner Bill Preston.  The Independence Planning Commission voted as follows:

The motion passed and such application is forwarded to the City Council for its consideration. Staff recommends approval of this application.

Jacobsen Art and Design seeks to rezone this property at 1450 W.  W. Lexington Avenue from I-1 (Industrial) and R-6 (Single Family Residential) to C-1 (Neighborhood Commercial) to permit an artisan manufacturing/live-work space.

According to the applicant, 1450 W. Lexington Avenue would work well for their intended purposes, a live-work space for artisan wood working and sculpturing.  The applicant’s crafts/sculpturing operation would conveniently include a residential apartment.  District C-1 (Neighborhood Commercial) permits artisan-manufacturing uses in the same structure as a residential living component.  This zoning would also permit an onsite gallery/retail component as well.

The main floor will be a metal shop for table base and large sculptural work.  The basement would serve as a wood shop for artisan wood workers.  The smaller space, on the upper floor, would be the living space.

In front of the building and adjacent to the front parking and driving surface, the owners envision an area for sculptures and gardens.  Further, the building permit approval will require a landscaping plan and plantings installed per code.

Consistency with Independence for All, Strategic Plan:

The proposal relates to the Goal “Increase economic prosperity of community”.  It also helps the strategy to retain the city’s businesses. 

Comprehensive Plan Guiding Land Use Principles: 

A relevant Guiding Land Use Principle for this site is that it provides affordable commercial space for small startup, new or growing businesses.  It also addresses the policy to “Encourage redevelopment or adaptive reuse of vacant or underutilized buildings and sites.”

Historic and Archeological Sites:

There are no apparent historic/archeological issues with this property.

Public Utilities:

All utility services are readily available

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.

The area of the rezoning lies between commercial and industrial zonings and uses and single-family zonings and uses.

4.      The compatibility of the proposed zoning and allowed uses with the character of the neighborhood.

The structure and previous use were industrial in nature.  The exterior of the existing building will be improved, and the proposed artisan manufacturing and residential uses will be less intense than the previous use.

5.      The suitability of the subject property for the uses to which it has been restricted under the existing zoning regulations.

The property’s I-1 zoning is too intense for the surrounding neighborhood and a commercial/residential use more in keeping with the existing character.

6.      The length of time the subject property has remained vacant as zoned.

The existing structure has been underutilized for over a decade.

7.      The extent to which approving the rezoning will detrimentally affect nearby properties.

As this site has been used for Industrial uses for decades before being vacant, down zoning and allowing artisan and residential uses will not be detrimental to nearby commercial and single-family residential uses.

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 impose a hardship on the owner as it would prevent the applicant from using an existing building that would easily function for their live/work needs.  Approval would limit the property to less intense uses than the current zoning would permit.

Planning Commission Action:  At its October 27, 2020 Planning Commission meeting, the motion for approval passed 7-0, after consideration of the following facts:

1. That, the rezoning is consistent with the review criteria listed in Section 14-701-02 of the City Code.
2.  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.
3. That, at the Planning Commission hearing, the applicants spoke in favor of the proposed rezoning and no one spoke in opposition.
4. That, the current R-6 (Single-Family Residential) allows the following uses: single-family dwellings, cropland, churches, schools and government facilities.
5.  That, the current I-1 (Industrial) allows the following uses: manufacturing, warehousing, office, business equipment sales and services, building maintenance service, business support service, communication service, construction services, animal services, artist work space, government facilities, churches, crops, urban gardening.
6.  That, the proposed C-1 (Neighborhood Commercial) zoning allows the following uses: artisan manufacturing, residences on 50-percent of the first floor or on the second floor and above, retail, office, restaurants, banks, daycare centers, government facilities, churches, schools, colleges, and medical services.
7.  That, the properties are the site of an underutilized industrial building.
8. That, no protest petition was submitted in opposition to the application.

Draft Planning Commission meeting minutes:

"Case 20-100-11 – Rezoning – 1450 W. Lexington Avenue

 Brian Harker presented the case.  Mr. Harker presented the Commission with a vicinity map, noting the area and surrounding zoning.  He presented the Commission with an aerial map indicating the properties that will be rezoned and explained the surrounding land uses. 

Applicant Comments

Tim O’Neill, 1830 S. Sterling, stated he believes they will fit in well with this neighborhood.

 In response to Commissioner Michell’s question, Mr. O’Neill stated the goal is to have three or four artists that can rent space and share a workspace and tools.

 Amie Jacobsen, 1830 S. Sterling, stated there is a small apartment in the building.  She stated they would welcome visiting artists to stay for a short time.

 Mr. O’Neill stated the top floor of the building would be their residence.

 In response to Commissioner Preston’s question, Ms. Jacobsen stated she is a metal worker and currently builds sculptures used for public art and furniture.  Ms. Jacobsen stated this would be a full metal shop with welders and metal cutting equipment.

 In response to Commissioner Preston’s question, Ms. Jacobsen stated they would like to have a small gallery place for customers to see the work.  They would like to have pieces in the garden for viewing as well.  She stated they may occasionally have small events for showing pieces.  Mr. O’Neill stated there wouldn’t be any more than 5 or 6 people at the shop at one time.

 Commissioner Preston stated he believes this would be an asset for the neighborhood and for the Arts District.

 In response to Chairwoman McClain’s question, Ms. Jacobsen said the parking area will be great for deliveries and for those picking up large pieces.

Public Comments

No public comments.

Motion

 Commissioner Michell made a motion to approve Case 20-100-11 – Rezoning – 1450 W. Lexington Avenue.  Commissioner Preston seconded the motion.  The motion passed with seven affirmative votes."