Prior to 2009, the property was zoned R-3/PUD (Moderate Density Residential/Planned Unit Development). Prior to 1972, the property was zoned R-1 (Single-Family Residential).
PROPOSAL:
The applicant needs to rezone the R-18/PUD property to R-6 to renovate the nonconforming, unoccupied single-family residence.
PHYSICAL CHARACTERISTICS OF PROPERTY:
The 6.5-acre lot has an existing, 2-½-story, white single-family residence with a large front porch, a white accessory garage and a gravel driveway that widens near the garage and house. The house sets at the southeast corner of the property, roughly 80-feet from Dickinson Road. The remainder of the property is mostly an undeveloped and wooded.
CHARACTERISTICS OF THE AREA:
Single-family homes and lots lie across Dickinson Road and abut on the north. R&S Automotive abuts to the south and more woodland lies to the west. Dickinson Road lacks curbs and sidewalks and has deep ditches in many places.
ANALYSIS:
Consistency with Independence for All, Strategic Plan:
The application is within keeping with the Measures for Success for, “Improved housing conditions.”
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, “facilitate the development of connected…neighborhoods.”
Sub-Area Plans:
The property is not located within a sub-area plan 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 property is zoned R-18/PUD (Moderate Density Residential/Planned Unit Development) which allows for duplexes and several types of multiple-family dwellings, as well as child daycares, schools, churches, cemeteries, and some other Conditional and Special Uses.
Historic and Archeological Sites:
There are no apparent historic or archeological issues with this property.
Public Utilities:
All utility services are adjacent or nearby.
Floodplain/Stream Buffer:
There is not a federal designated floodplain present on the property. Further, there is no stream buffer associated with this rezoning area.
Public Improvements:
No additional public improvements would be required.
CIP Investments:
The City does not have any capital improvements projects planned near this area.
REVIEW CRITERIA:
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 Residential Neighborhoods for the area. A Guiding Principle of the Comprehensive Plan states the need to, “facilitate the development of connected …neighborhoods”.
2. Conformance of the requested zoning with any adopted neighborhood or sub-area plans in which the property is located or abuts.
There is not a sub-area plan for the area.
3. The compatibility of the proposed zoning with the zoning and use of nearby property, including any overlay zoning.
There are many nearby, developed single-family lots, to the north and east, of various sizes.
4. The compatibility of the proposed zoning and allowed uses with the character of the neighborhood.
The proposed R-6 zoning is compatible with the area’s single-family residential nature.
5. The suitability of the subject property for the uses to which it has been restricted under the existing zoning regulations.
The R-18/PUD zoning prevents this lot from being used for single-family residential use.
6. The length of time the subject property has remained vacant as zoned.
The residence has been vacant for more than a decade.
7. The extent to which approving the rezoning will detrimentally affect nearby properties.
The rezoning should have no detrimental effect on area properties. The rezoning will permit and limit the lot to single-family uses.
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 rezoning is denied, the applicant will not be able to renovate the unoccupied single-family residence.
Draft Planning Commission minutes:
"Case 24-100-04 – Rezoning – 1220 Dickinson Road
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
No public comments.
Motion
Commissioner O’Neill made a motion to approve Case 24-100-04 – Rezoning – 1220 Dickinson Road. Commissioner Ashbaugh seconded the motion. The motion passed with five affirmative votes."