This property has been zoned C-2 (General Commercial) since 1965. It has existed as a parking lot for over four decades.
Proposal:
Colin and Kate McClain intend to convert the under-utilized parking lot located at 400 N. Osage Street into a lot for a single-family residence. The project will eliminate a commercial lot on a block that is mostly residential in use. Of importance, its redevelopment will eliminate a blighted property at the northwest corner of White Oak Avenue and Osage Street.
Physical Characteristics of Property:
Nearly the entire lot is paved. Redevelopment will eliminate considerable pavement as well as reduce the number of street access points from three to one or two. It is a flat, level lot, so earth work will mostly consist of the removal of existing impervious surfaces. Abutting two commercially zoned properties, 15-foot-wide landscaping buffers with opaque fences will be necessary. Consisting of one plat lot already, no replatting will be necessary.
Characteristics of the Area:
On the remainder of the block northwest of the applicant’s lot, lies properties that contain largely one and two-family houses: although there are commercial properties immediately adjacent and multiple-family residences at the corner of Spring Street and Farmer Street. The character of the properties to the southeast is commercial with office and bank buildings and a parking structure. The homes west of the property were largely constructed in the early twentieth century. The UDO’s residential design standards will require that the applicant’s consider the architectural context of the surroundings for their new home.
Consistency with Independence for All, Strategic Plan:
An objective of the City’s Strategic Plan is, ‘Building new housing units to fill a market need.’
Comprehensive Plan Guiding Land Use Principles:
The proposed C-2 zoning for this property is consistent with the Residential Urban Neighborhood land use designation outlined by the Comprehensive Plan. The Guiding Land Use Principle most pertinent to the proposed zoning and use is to, “(f)acilitate the development of connected, mixed use neighborhoods where appropriate.”
Sub-Area Plans:
The site is located within the Square District sub-area plan and within the Downtown Redevelopment Area (County records indicate the property has an Abatement 353 exemption). The Square District envisions a mixture of commercial and residential uses. The redevelopment of this property would further that vision.
Zoning:
The proposed R-6 (Single-Family Residential) zoning classification allows for single-family dwellings and various other uses (schools, churches, government facilities, cemeteries, home-based daycare, agriculture and others with conditions). Currently, the tract is zoned C-2 (General Commercial) which allows for retail, office, restaurants, banks, business and personal improvement services, hotels, construction services, daycare centers, nursing homes, government facilities, churches, employment agencies, funeral and interment services, schools, colleges and universities, veterinary and animal boarding services, sports and entertainment facilities, medical services, repair services and crop agriculture.
Historic and Archeological Sites:
There are no apparent historic/archeological issues with this property.
Floodplain/Stream Buffer:
There is not a floodplain or Stream Buffer zone present on the property.
Public Utilities:
All utility services are adjacent to the property and are operational.
Landscaped Buffer:
Given the property abuts two commercially zoned properties, 15-foot-wide landscaping buffers with opaque fences will be necessary.
Public Improvements:
Curb and guttering reconstruction will be required along Osage Street. Segments of sidewalk along both Osage Street and White Oak may need to be repaired. Removal of one of the drives on W. White Oak Street would be required with preference to both drives being removed.
CIP Investments:
The City does not have any capital improvements planned near this site.
Review Criteria
Recommendations and decisions on rezoning applications must be based on consideration of all the following criteria:
1. Conformance of the requested zoning with the Comprehensive Plan.
The Comprehensive Plan envisions Residential Urban Neighborhoods uses for this area. The Plan calls for infill activity should aim to blend into the character of the existing neighborhood;
2. Conformance of the requested zoning with any adopted neighborhood or sub-area plans in which the property is located or abuts.
The site is located within the Square District sub-area plan and within the Downtown Redevelopment Area. The Square District envisions a mixture of commercial and residential uses. The redevelopment into single family would further this vision.
3. The compatibility of the proposed zoning with the zoning and use of nearby property, including any overlay zoning.
This site abuts one and two-family uses adjacent to the north and west. The proposed rezoning would be compatible with the surrounding zoning;
4. The compatibility of the proposed zoning and allowed uses with the character of the neighborhood.
The proposed zoning change, with its permitted uses, should not have a negative impact on the character of the neighborhood, but eliminate blight and be compatible with adjacent and nearby residential uses;
5. The suitability of the subject property for the uses to which it has been restricted under the existing zoning regulations.
The rezoning is appropriate for the Square area, but is not located along high-traffic commercial streets;
6. The length of time the subject property has remained vacant as zoned.
This property/parking lot has been underutilized from more than four decades;
7. The extent to which approving the rezoning will detrimentally affect nearby properties.
It’s not expected that this rezoning proposal will have any detrimental effect on nearby properties. The proposed zoning is consistent with the Residential Urban Neighborhood land use category;
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 owner will be unable to construct a structure that is exclusively residential on the property (a single-family home). The gain will be the elimination of a blighted parking lot and replaced with a structure surrounded by green lawn/landscaped areas.
Draft Planning Commission minutes:
"Case 22-100-19 – Rezoning – 400 N. Osage Street
Chairwoman McClain advised she would recuse herself from this case, due to her son being the applicant. Vice-Chair Bill Preston presided over this case.
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 Nesbitt’s question, Mr. Borders explained 353 Tax Abatement areas. Commissioner Nesbitt asked if staff knows who owns the building to the north of that location. Mr. Harker stated he does not know who owns that building.
Applicant Comments
Colin McClain, 310 N. Main St, stated he had reached out to the owner of the building north of this location, but never received a response. He noted he doesn’t know what type of business is run out of that building.
In response to Commissioner Preston’s question, Mr. McClain stated the lot is currently used for storing salt in the winter. Mr. McClain said the salt will be stored elsewhere.
Commissioner L. Wiley stated she is on the board for the Chamber of Commerce. She advised they discussed this case and they’re excited to see a beautiful home go into this location.
Public Comments
Anthony Robinson, 413 N. Spring Street, stated his family just moved to the area and they’re excited for a single-family home in this location.
Mark McDonald, 420 W. Farmer Street, said he is also excited to see another single-family home being added to this neighborhood. He’s also glad to know the salt will be moved elsewhere.
Marcie Gragg, 422 W. Farmer Street, stated she is also in support of this application.
Eric Smith, 417 W. Farmer Street, said he is also in support, mainly because it will force the salt to move from that location.
Jim Dougherty, stated he owns the property just north of this property at 408 N. Osage St. Mr. Dougherty said he is concerned about this property changing from commercial to residential. He expressed concern over the property value of his property with this change. Mr. Dougherty stated the property has been owned by his family for a long time and it’s currently occupied by small businesses. He stated he is also concerned that moving this to single-family residential then opens this up to be considered for multi-family residential.
Mr. McClain stated he does have architectural plans for the house. He confirmed there is only space for a single-family house on this lot.
Commissioner Comments
In response to Commissioner Nesbitt’s question, Mr. Harker explained where the buffers would be needed due to the residential abutting commercial properties.
In response to Commissioner L. Wiley’s question, Mr. Harker stated there is already residential property abutting Mr. Dougherty’s property.
Commissioner Nesbitt stated he believes this is a good application and will bring improvements to the neighborhood.
Motion
Commissioner L. Wiley made a motion to approve Case 22-100-19 – Rezoning – 400 N. Osage Street. Commissioner Michell seconded the motion. The motion passed with five affirmative votes."