PROPERTY HISTORY:
While the title of the zoning district changed from M-1 (Industrial) to I-1 (Industrial) in July 2009, the property has been zoned industrial since May 1980. The property was zoned R-1 (Single-Family Residential) from 1965 onward. The lot’s structure, built as single-family house, has continued to be used as a residence.
PROPOSAL:
The applicant’s intended continued use for the property is single-family residential. Its legal nonconforming status can limit the property’s ability to be rebuilt if damaged substantially and thus its ability to be insured or financed as well. Given the lot’s relative narrowness and a location with left turns limited by a Jersey barrier, it is also unlikely to be developed for I-1 (Industrial) uses anytime soon.
PHYSICAL CHARACTERISTICS OF PROPERTY:
The 2,415-square foot white ranch house sits approximately 50 feet back on a lot abutting the M-291 Highway right-of-way. The lot narrows toward its rear where there is a stand of trees along the rear property line. Between 2018 and 2022 the property’s nonconforming gravel driveway was expanded. (New gravel driveways and parking lots are prohibited in both residential and industrial zonings). Further, aerial and other photography indicate commercial vehicles had been improperly parked on this property that continues to be a legal nonconforming residential use. The Code division’s actions have resulted in the trucks being removed. The expanded graveled area (that wraps all the way around the north end of the house to the backyard) is yet to be removed, but the issue is also being pursued by the Codes division.
CHARACTERISTICS OF THE AREA:
This portion of the M-291 Highway corridor consists of lots with ranch houses constructed in the 1950’s and 1960’s or undeveloped lots zoned residential, commercial and industrial. But generally, it is an area that has experienced little investment over the last few decades. Immediately across the highway is a vacant lot and one with a residence. To the north is acreage framed by trees. A small ranch lies quite close to the south. To the west is a subdivision of single-family homes.
Consistency with Independence for All, Strategic Plan:
An objective of the City’s Strategic Plan is to preserve existing units and neighborhoods.
Comprehensive Plan Guiding Land Use Principles:
The Plan recommends that existing residential areas be preserved and enhanced over time. The use of R-6 zoning is in keeping with the Guiding Principle to, “improve and maintain housing stock in established neighborhoods.”
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 property is zoned I-1 (Industrial) which allows for government facilities, religious assemblies, utility services, animal services, artist work space, building maintenance services, business equipment sales and service, communication services, construction services, offices, repair and laundry services, indoor participatory sports and recreation, vehicle sales, and service, manufacturing, recycling services, warehousing, and crop agriculture.
Historic and Archeological Sites:
There are no apparent historic/archeological issues with this property.
Floodplain/Stream Buffer:
A small portion of the northwestern part of the property is located in a federally identified floodplain and in a city designated Stream Buffer.
Public Utilities:
All utility services are adjacent to the property and are operational.
Landscaping/Open Spaces:
A single-family home sits on the property. A barrier of trees line the property to the north and west.
Public Improvements:
No public improvements would be required.
CIP Investments:
The City does not have any capital improvements planned near this site.
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 Neighborhoods uses for this area.
2. Conformance of the requested zoning with any adopted neighborhood or sub-area plans in which the property is located or abuts.
There are not any neighborhood or sub-area plans for this vicinity.
3. The compatibility of the proposed zoning with the zoning and use of nearby property, including any overlay zoning.
This site is not within any overlay zoning district.
4. The compatibility of the proposed zoning and allowed uses with the character of the neighborhood.
The use the R-6 zoning and the retention of the single-family home on the lot will be in character with homes to the south along the corridor.
5. The suitability of the subject property for the uses to which it has been restricted under the existing zoning regulations.
The residential lot is not of adequate size for most I-1 uses.
6. The length of time the subject property has remained vacant as zoned.
This property has been zoned for industrial use since 1980, but the residence has been occupied continuously.
7. The extent to which approving the rezoning will detrimentally affect nearby properties.
Rezoning the property to R-6 will make the zoning consistent with both the adjacent zoning and uses to the west, east and south.
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.
Draft Minutes:
PUBLIC HEARINGS
Case 23-100-17 – Rezoning – 1700 S M-291 Highway
Staff Presentation
Joshua Garrett presented the case. Mr. Garrett 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.
Public Comments
No public comments.
Motion
Commissioner Nesbitt made a motion to approve Case 23-100-17 – Rezoning – 1700 S M-291 Highway. Commissioner Ferguson seconded the motion. The motion passed with six affirmative votes.