The applicant and owner, residing at 1329 S. Main Street, intends to refinance her home. However, this property, and a vacate lot she owns adjacent to the north, are zoned C-2 (General Commercial). The existing structure has always been a single-family residence and both lots have been zoned C-2 (or C-P-2) since 1978. The Comprehensive Plan envisions commercial uses for both lots. Further, the property was envisioned as part of a redeveloped effort to build a shopping center along the west side of the Noland Road corridor that never came to fruition.
The properties to the north and across N. Main Street are zoned R-6 (Single-Family Residential) and have had single-family residential uses for decades.
The Proposal’s Consistency with Independence for All, Strategic Plan:
There are no policies in this plan to address this type of issue. This rezoning would help to preserve diverse residential housing options.
Comprehensive Plan Guiding Land Use Principles for the Current Designation:
The City Comprehensive Plan recommends Commercial uses for this site. As mentioned above this area was envisioned to be part of a commercial development that never came together. Preserving this residential structure currently makes the most sense.
Historic and Archeological Sites:
There are no apparent historic/archeological issues with this property.
Public Utilities:
Water, sewer and electrical services are available to the properties.
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 Commercial uses for this site however residential at this site currently makes more sense as the proposed commercial development never happened.
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 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 proposed zoning is compatible with the existing single-family residential properties in the vicinity along Main Street.
4. The compatibility of the proposed zoning and allowed uses with the character of the neighborhood.
This existing residence is a single-family home of similar design to those nearby.
5. The suitability of the subject property for the uses to which it has been restricted under the existing zoning regulations.
Considering its location along a side street, it has little potential commercial use.
6. The length of time the subject property has remained vacant as zoned.
The property has long been used for residential purposes.
7. The extent to which approving the rezoning will detrimentally affect nearby properties.
The rezoning will have no detrimental effect on area 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.
If the rezoning is denied it, would have a negative financial effect on the owner as she would not be able to refinance the property.
Planning Commission Action: At its February 23, 2020 Planning Commission meeting, the motion for approval passed 6-0.
Draft Planning Commission minutes:
"Case 21-100-02 – Rezoning – 1327 & 1329 S. Main St
Staff Presentation
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 project area and explained the surrounding land uses.
In response to Commissioner Preston’s question, Mr. Ellena stated there is an overlying TIF project, but these parcels are not within that boundary.
In response to Commissioner Michell’s questions, Mr. Ellena stated the vacant properties to the south are in the TIF boundary. He stated he believes some of the parcels are owned by a commercial developer.
Applicant Comments
Carolyn McCarthy, 1329 S. Main Street, stated she is trying to refinance the house, but is unable to do so because of the commercial zoning.
Public Comments
No public comments.
Motions
Commissioner Preston made a motion to approve Case 21-100-02 – Rezoning – 1327 & 1329 S. Main St. Commissioner Weir seconded the motion. The motion passed with six affirmative votes."