Prior to 1980, the C-2 properties were zoned C-3 (Commercial).
PROPOSAL:
The properties included in this rezoning are part of a cluster of single-family uses abutting commercial uses along the US 24 Highway corridor that are currently zoned C-2 (General Commercial) and C-2/SUP (General Commercial/Special Use Permit). Originally, applied for by the owner of 925 N. Main Street, the request was expanded to four properties by staff and made a request by the City. This way, 925 N. Main Street would not be a spot zoning (a lot surrounded by C-2 zonings). Rezoning the area to R-6 will re-enforce 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 middle 1900’s. The single-family residences appear to be in relatively good condition.
CHARACTERISTICS OF THE AREA:
To the north of the properties, are used car lots and a former motorcycle shop zoned C-2 and C-2/SUP. Abutting to the west is a strip center zoned C-2 as well. On the east and south are single-family houses zoned C-2 and R-12, respectively.
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 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, the properties 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 federal flood zone or Stream Buffer zone present on these properties.
Public Improvements:
No public improvements would be required.
CIP Investments:
The City does not have any capital improvements planned near these sites.
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 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. The nearby commercial 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;
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;
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 will 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 owner occupiers’ ability to refinance their properties or for any owner to obtain building permits.
Draft Planning Commission minutes:
"Case 23-100-18 – Rezoning – 923, 924, 925 and 926 N. Main Street
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.
Public Comments
Kristin Childers, 917 N Main, stated they are supporting the rezoning, and does not want commercial properties.
Thomas Vanmeter, 925 N Main, said they are also in favor of the rezoning.
Andrew Davis, 923 N Main, stated they support the rezoning so it will not be considered commercial if they choose to sale there property later.
Motion
Commissioner Preston made a motion to approve Case 23-100-18 – Rezoning – 923, 924, 925 and 926 N. Main Street. Commissioner H. Wiley seconded the motion. The motion passed with six affirmative votes."