PROPERTY HISTORIES:
Prior to 2009, the nomenclature for R-30/PUD was R-4. The R-4 properties had been zoned as such since 1965. Prior to 1980, the C-2 properties were zoned C-3.
PROPOSAL:
All the properties included in this proposed rezoning are part of a cluster of single-family uses that is currently zoned either C-2 or R-30/PUD. Rezoning the area to R-6 will reenforce the single-family nature of the existing neighborhood. Rezoning the legal nonconforming, single-family properties will make them more marketable because noncash buyers that require mortgages will have less difficulty getting bank financing. Further, without rezoning, existing properties could lose their single-family uses if unoccupied for more than six months.
PHYSICAL CHARACTERISTICS OF PROPERTIES:
The neighborhood is made up of a mix of architectural styles from the late 1800’s and the early to middle 1900’s. Most of the single-family residences appear to be in relatively good condition.
CHARACTERISTICS OF THE AREA:
To the north of the Farmer Street corridor is a mixture of church properties, single and multiple-family properties zoned O-1, C-2 and R-30/PUD. On the east, abutting Noland Road, are vacant lots, previously single-family residential in use, zoned C-2. The properties to the south are zoned C-2 and R-30/PUD, but largely single-family residential in use and church properties. The area west near Liberty Street is zoned c-2 and R-30/PUD and the site of church properties and single and multiple-family homes.
Consistency with Independence for All, Strategic Plan:
The application is within keeping with the Measures for Success for, “Improved housing conditions,” and to “increase median value of owner-occupied housing units”.
Comprehensive Plan Guiding Land Use Principles for the Current Designation:
The City Comprehensive Plan recommends Residential Urban Neighborhoods uses for this site. The Guiding Principles state the need to, “…maintain housing stock in established neighborhoods”.
Sub-Area Plans:
The area is located within the Downtown Redevelopment Area.
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, some of the properties are zoned R-18/PUD (Moderate Density Residential/Planned Unit Development), a zoning classification that allows for two-family and multiple-family dwellings and various other uses (schools, churches, government facilities, cemeteries, home-based daycare, agriculture and others with conditions); and others are 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 issues with these properties.
Public Utilities:
As this is a long-established residential neighborhood, with all utility services are existing.
Floodplain/Stream Buffer:
There is not a floodplain or Stream Buffer zone present on the properties.
Public Improvements:
No public improvements would be required.
CIP Investments:
The City does not have any capital improvements planned near these sites.
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 for the area. A Guiding Principle of the Comprehensive Plan states the need to, “…maintain housing stock in established neighborhoods”.
2. Conformance of the requested zoning with any adopted neighborhood or sub-area plans in which the property is located or abuts.
The proposed zonings and uses are consistent with the Downtown Redevelopment Area plan.
3. The compatibility of the proposed zoning with the zoning and use of nearby property, including any overlay zoning.
There are many nearby single-family uses, as well as small duplexes and apartments. The nearby commercial and institutional uses are generally low-intensity uses.
4. The compatibility of the proposed zoning and allowed uses with the character of the neighborhood.
The proposed R-6 is zoning consistent with the area’s existing built environment.
5. The suitability of the subject property for the uses to which it has been restricted under the existing zoning regulations.
The C-2 zoned properties, with their single-family homes, have little commercial potential given the size of the properties and little drive-by traffic in the area. The single-family structures in the R-30/PUD areas are generally too small for conversion to multiple-family use.
6. The length of time the subject property has remained vacant as zoned.
This is not applicable to structures in the area to be rezoned, although there have been a couple vacant lots now incorporated as the yard of 131 E. Farmer Street.
7. The extent to which approving the rezoning will detrimentally affect nearby properties.
The rezonings should have no detrimental effect on area properties. The rezoning would legalize the single-family residential uses that already exist.
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 effect on the owner occupiers’ ability to refinance their properties or for any owner to obtain building permits.
Planning Commission minutes:
"Case 23-100-11 – Rezoning – Farmer Street Corridor
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. Harker confirmed this rezoning is to reenforce and preserve the single-family neighborhood.
Public Comments
Roxanne Robinson, 131 E. Farmer, stated she’s for this rezoning, but is concerned that the vacant properties in the neighborhood weren’t included.
Mr. Harker stated this is a corrective rezoning, to correct the zoning of those properties with already established uses. He said this will help those property owners for when they go to sell or refinance their property.
Mr. Preston stated this rezoning will help stabilize what we’ve got, and the vacant properties could be looked at as a separate matter.
Rick Arroyo stated the goal isn’t to force zoning on those property owners of the vacant land. He said this will correct the zoning of those properties that are already single-family homes.
Emmett Morris, 508 N. Liberty Street, spoke in favor of this rezoning and keeping this area single family.
Motion
Commissioner Preston made a motion to approve Case 23-100-11 – Rezoning – Farmer Street Corridor. Commissioner L. Wiley seconded the motion. The motion passed with six affirmative votes."