The URL can be used to link to this page

Home My Public Portal AboutORD15104BILL NO. 2012 -160 SPONSORED BY COUNCILMAN Mihalevich ORDINANCE NO. ! 5 / (2 AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, CHANGING, AMENDING, AND MODIFYING THE ZONING MAP OF THE CITY OF JEFFERSON, BY REZONING 0.90 ACRES FROM C -1 NEIGHBORHOOD COMMERCIAL TO RS -2 SINGLE FAMILY RESIDENTIAL, FOR LAND ADDRESSED AS 3117 MOREAU VIEW DRIVE, DESCRIBED AS PART OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 22, TOWNSHIP 44 NORTH, RANGE 11 WEST, JEFFERSON CITY, COLE COUNTY, MISSOURI. WHEREAS, WHEREAS, It appears that the procedures set forth in the zoning code relating to zoning have in all matters been complied with; and The zoning ordinance requires consistency between the Comprehensive Plan and the Zoning Map and the proposed zoning change would necessitate a change to the Comprehensive Plan Development Plan Map. NOW, THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS FOLLOWS: Section 1. The following described real estate is rezoned from C -1 Neighborhood Commercial to RS -2 Single Family Residential: Part of the Northeast Quarter of the Southeast Quarter of Section 22, Township 44 North, Range 11 West, City of Jefferson, Cole County, Missouri, more particularly described as follows: From the northeast corner of the Northeast Quarter of the Southeast Quarter of said Section 22; thence S05 °15'53 "E, along the Section Line, 349.94 feet to the POINT OF BEGINNING for this description, thence continuing along the Section Line, S05 °15'53 "E, 295.20 feet to a point on the centerline of Moreau View Drive and the current southerly C -1 zoning line; thence Northwesterly, along the current southerly C -1 zoning line the following courses: on a curve to the left, having a radius of 819.04 feet, an arc distance of 123.17 feet, (the chord of said curve being, N38 °22'52 "W, 123.06 feet); thence N42 °41'22 "W, 22.23 feet; thence on a curve to the left, having a radius of 716.77 feet, an arc distance of 195.99 feet, (the chord of said curve being, N50 °31'22 "W, 195.38 feet); thence N58 °21'22 "W, 61.08 feet; thence leaving said current southerly C -1 zoning line, N30 °53'40 "E, 158.49 feet; thence S59 °07'17 "E, 216.51 feet to the POINT OF BEGINNING. Containing 0.9 acres. Section 2. An amendment to the Comprehensive Plan Development Plan Map is hereby endorsed to reflect the changes for the area described in Section 1 from Commercial to Low Density Residential. Bill 2012 -160 Page 1 Section 3. This ordinance shall be in full force and effect from and after its passage and approval. Passed: ,! Presiding Off ATTEST: City Clem Bill 2012 -160 Page 2 Approved: 1411 Mayor APPROVED AS TO FORM: pity Counselor NOTICE OF PUBLIC HEARINGS ON PLANNING AND ZONING MATTERS The City Council of the City of Jefferson, Missouri, will hold public hearings on the following planning and zoning matters on Monday, April 15, 2013 at 6:00 p.m. in the Council Chamber of the John G. Christy Municipal Building, 320 East McCarty Street, Jefferson City, Missouri. 1. 3117 MOREAU VIEW DRIVE — REZONING 0.9 ACRES FROM C -1 NEIGHBORHOOD COMMERCIAL TO RS -2 SINGLE FAMILY RESIDENTIAL AND ASSOCIATED COMPREHENSIVE PLAN AMENDMENT: Part of the Northeast Quarter of the Southeast Quarter of Section 22, Township 44 North, Range 11 West, City of Jefferson, Cole County, Missouri, more particularly described as follows: From the northeast corner of the Northeast Quarter of the Southeast Quarter of said Section 22; thence S05 °15'53 "E, along the Section Line, 349.94 feet to the POINT OF BEGINNING for this description, thence continuing along the Section Line, S05 °15'53 "E, 295.20 feet to a point on the centerline of Moreau View Drive and the current southerly C -1 zoning line; thence Northwesterly, along the current southerly C -1 zoning line the following courses: on a curve to the left, having a radius of 819.04 feet, an arc distance of 123.17 feet, (the chord of said curve being, N38°22'52'W, 123.06 feet); thence N42 °41'22' W, 22.23 feet; thence on a curve to the left, having a radius of 716.77 feet, an arc distance of 195.99 feet, (the chord of said curve being, N50 °31'22 "W, 195.38 feet); thence N58 °21'22 "W, 61.08 feet; thence leaving said current southerly C -1 zoning line, N30 °53'40 "E, 158.49 feet; thence S59 °07'17 "E, 216.51 feet to the POINT OF BEGINNING. Containing 0.9 acres. 2. 2301 GREEN MEADOW DRIVE; RESERVE TRACT A, RIVER'S EDGE ESTATES SUBDIVISION — NEW SPECIAL EXCEPTION USE PERMIT: The Special Exception Use Permit granted by Ordinance No. 13904, approving a "savanna" shall be repealed, and in its place a new Special Exception Use Permit is proposed, to permit brush removal, harvesting of hay, soybeans and /or com, and selective removal of standing timber in designated areas. The property is addressed as 2301 Green Meadow Drive and is described as Reserve Tract A of River's Edge Estates, in the City of Jefferson, Missouri, per plat of record in Plat Book 12, Page 209, Cole County Recorder's Office, containing 82.3 acres. Individuals should contact the ADA Coordinator at (573) 634 -6570 to request accommodations or alternative formats as required under the Americans with Disabilities Act. Please allow three business days to process the request. Phyllis Powell, City Clerk, City of Jefferson, Missouri P.T. - March 29, 2013 For contact information only. Department of Planning and Protective Services /Planning Division 320 East McCarty Street, Room 120, Jefferson City, Missouri 65101 Contact: Anne Stratman or Janice McMillan Phone (573) 634 -6475 Fax (573) 634 -6457 EXCERPT OF UN- APPROVED MINUTES JEFFERSON CITY PLANNING AND ZONING COMMISSION March 14, 2013 5:15 p.m. COMMISSION MEMBERS PRESENT Jack Deeken Dean Dutoi Bob George Michael Lester Ralph Robinett, Chairman Dale Vaughan Chris Yarnell Bunnie Trickey Cotten, Alternate Kevin Thoenen, Alternate COMMISSION MEMBERS ABSENT Chris Jordan, Vice Chairman David Nunn Ron Fitzwater, Alternate EX- OFFICIO MEMBERS PRESENT Rick Mihalevich, City Council Liaison STAFF PRESENT Janice McMillan, Director of Planning & Protective Services Jeremy Cover, Associate City Counselor Eric Barron, Senior Planner Shane Wade, Civil Engineer II Anne Stratman, Administrative Assistant ATTENDANCE RECORD 8 of 8 6 of 8 6 of 8 7 of 8 8 of 8 7 of 8 5 of 8 7 of 8 3 of 4 5 of 8 6 of 8 3 of 4 New Business /Public Hearings Case No. P13002 — 3117 Moreau View Drive; Rezoning and Comprehensive Plan Amendment. Request filed by Scholastic Inc, property owner, to rezone approximately 0.9 acres from C -1 Neighborhood Commercial to RS -2 Single Family Residential and an associated amendment to the Comprehensive Plan to show the property as low density residential. The property is located at the northwest corner of the intersection of Moreau View Drive and Lake Road and is described as part of the Northeast Quarter of the Southeast Quarter of Section 22, Township 44 North, Range 11 West (Central Missouri Professional Services, Consultant). Mr. Barron described the proposal and explained that Scholastic owns a house at 3117 Moreau View Drive that is adjacent to a parking lot located across the street from their warehouse facility on Robinson Road. He stated that the house has been used in the past as an office, but is currently vacant. Mr. Barron explained that Scholastic proposes to rezone this portion of the property from C -1 to RS -2. He stated that rezoning of the property to RS -2 would seem appropriate given the adjacent single family uses to the east and the fact that the existing house on the property was originally built as a residential structure. Mr. Barron explained that a Comprehensive Plan Amendment to designate the property as low density residential on the Development Plan Map of the Comprehensive Plan is also proposed to support the requested rezoning. Mr. Mike Bates, Central Missouri Professional Services, 2500 E. McCarty Street, spoke regarding this request. Mr. Bates distributed a visual showing the area to be rezoned. He explained that a plat will be submitted to develop the property for a residential development in the near future. Mr. Bates stated that the lack of a sanitary sewer has prohibited the advancement of the residential development. He explained that the developer has been working with the city to allow the extension of that sewer. Mr. Bates stated that if the sewer extension does not occur they will not proceed with the platting of the subdivision. He explained that Scholastic sees no future use of the property for their facilities and is not interested in developing the property for commercial use. No one spoke in opposition to this request and no correspondence was received. Excerpt of Un- Approved Minutes Page 2 March 14, 2013 Mr. Dutoi moved and Ms. Cotten seconded to approve the comprehensive plan amendment to show the property as Low Density Residential. The motion passed 8 -0 with the following votes: Aye: Cotten, Deeken, Dutoi, George, Lester, Thoenen, Vaughan, Yarnell Mr. Dutoi moved and Ms. Cotten seconded to recommend approval of rezoning the property from C -1 to RS -2 to the City Council. The motion passed 8 -0 with the following votes: Aye: Cotten, Deeken, Dutoi, George, Lester, Thoenen, Vaughan, Yamell City of Jefferson Planning & Zoning Commission VICINITY HILL-VIE.W;DR 0 195 390 780 Feet 3117 Moreau View Drive Rezoning from C -1 to RS -2 and Comprehensive Plan Amendment City of Jefferson Planning & Zoning Commission LOCATION f4. 1 RS-1 3117 Mo:eau View Drive 0 70 140 280 Feet ti ti Rezoning from C -1 to RS -2 and Comprehensive Plan Amendment APPLICATION FOR ZONING ORDINANCE AMENDMENT Date Received: City of Jefferson - Planning Division Department of Community Development 320 East McCarty Street Jefferson City, Missouri 65101 Phone (573) 634 -6410 Fax (573) 634 -6457 The undersigned hereby petitions the Planning and Zoning Commission and City Council of the City of Jefferson, Missouri, for the following amendment to the Zoning Code: Zoning Text Amendment (Describe below or attach complete narrative) Article and Section Affected (if applicable) Description of proposed text amendment: ✓ Zoning Map Amendment (Rezoning of Real Estate) The undersigned hereby state they are the owners of the following described real estate: Property Address: 3117 Moreau View Drive, Jefferson City, MO 65101 Legal /Property Description (write out or attach as an exhibit): See Attached Descriptions Who petition to rezone the above described real estate from its present classification of C -1 district to RS- 2 . The purpose of this rezoning request is to: establish proper zoning district for future land transfer. ALL OWNERS OF REAL PROPERTY PROPOSED TO BE REZONED MUST SIGN THE APPLICATION, AND ALL SIGNATURE MUST BE NOTARIZED. IF ADDITIONAL SIGNATURES ARE NEEDED, PLEASE ATTAC EPARATE SHEETS. Faye Edwards Property Owner #1 Name (type or print) Property Owner #2 Name (type or print) Subscribed and sworn before me this ' 7 MARIA R. STOCKMAN Nofary Pubttc - Nataty Seal �e of Missouri Commissioned for Osage County IIAv Pnenmkeirm KvpireM Crprol.m. 4 q 44? Commission Number: 09401824 Property gwner Signature 2/ Property Owner Signature day of r1— L,vt..-e— in the year v7() /3 Notary Public Address of Property Owner #1: Address of Property Owner #2 Phone Number(s): 6325 Stertzer, Jefferson City, MO 65101 P.O. Box 1068, Jefferson City, MO 65102 Applicant Information (if different from property owner): Name: Address: Phone Number For City Use Only: Application Filing Fee $200 Payment Received: Cash (Receipt # ) Check (Copy; check # Attachments: Additional sheets or documentation Applicant/Project Information Sheet Location Map Page 1 of 1 May 6, 2002 REVIEW CRITERIA ZONING MAP AMENDMENT Scholastic Inc. 3117 Moreau View Drive Jefferson City, MO 65101 CMPS JOB # 82 -024 02/4/13 a) There was no error in the original zoning. b) The character of the area has not changed in recent years. The part of this Scholastic property being requested for rezoning was once a residential property. It lies on the outer edge of the Scholastic development and is adjacent to residential areas. c) The community will benefit economically from a well development. d) The 1996 Comprehensive Plan shows this area as low density residential. The RS -3 zoning use would ensure consistency with all other plans. e) The proposed zoning is compatible and complimentary of existing uses. f) The owner of the property will have access to an easement for a short sanitary sewer extension. All other public facilities and utilities are in place and available. g) The size and type of this development is not anticipated to require a site specific Traffic Impact Study. h) The existing street network is capable of handling the proposed development. i) The anticipated density will not create any offensive environmental impact. j) The existing property and proposed anticipated uses are of a low density nature. The supply of land is not an issue. k) The proposed zoning change should allow the property to develop without negative impact to surrounding properties and will be consistent with surrounding uses. APPLICATION FOR AMENDMENTS TO THE COMPREHENSIVE PLAN City of Jefferson - Planning Division Department of Community Development 320 East McCarty Street Jefferson City, Missouri 65101 Phone (573) 634 -6410 Fax (573) 634 -6457 Date Received: The undersigned hereby petitions the Planning and Zoning Commission and City Council of the City of Jefferson, Missouri, for the following amendment(s) to the City =s Comprehensive Land Use Plan or Development Plan Map. Text Amendment x Map Amendment Applications for Map amendments shall include a location map and level of detail required for site plan review as outlined in Exhibit 35 -71. All applications shall attach a narrative which addresses the following criteria, as outlined in Section 35- 74.A.4, Jefferson City Zoning Code. a. Whether there was error in the original Comprehensive Plan adoption in that the Planning and Zoning Commission failed to take into account then existing facts, projections or trends that were reasonably foreseeable to exist in the future. b. Whether events subsequent to the Comprehensive Plan adoption have invalidated the Commissions original premises and findings made upon plan adoption. c. Whether the change is consistent with the goals, objectives and policies of the Plan. d. Whether events subsequent to the Comprehensive Plan adoption have changed the character and/or condition of the area so as to make the application acceptable. e. Whether the change is needed to improve consistency between the Comprehensive Plan and other adopted plans. f. Whether public and community facilities, such as utilities, sanitary and storm sewers, water, police and fire protection, schools, parks and recreational facilities, roads, libraries, solid waste collection and disposal, and others are adequate to serve development for the type and scope suggested by the proposed zone. If utilities are not available, whether they can be extended reasonably. g. Whether there is an adequate supply of land available in the subject area and the surrounding community to accommodate the zoning and community needs. h. Whether there will be benefits derived by the community or area by the proposed change. Amendment Requested by: Property Owner X Staff Faye Edwards Name (typed or printed) Signatur Plannin• . nd Zoni ommission L 7 Property Owner Name Scholastic, Inc. Attn: Scott Ginter Address 3117 Moreau View Drive, Jefferson City, MO 65101 Phone Number(s): 573- 632 -1426 Applicant Name (if different from owner): Scholastic, Inc. Attn: Scott Ginter Address: 2931 E. McCarty Street, Jefferson City, MO 65101 Phone Number(s) 573 -632 -1426 For City Use Only: Application Filing Fee $200 Application Filing Fee Received: Cash ( receipt #_ Check (copy; check # ) Attachments: Narrative Map Applicant/Project Information Sheet Page 1 of 1 May 6, 2002 REVIEW CRITERIA COMPREHENSIVE PLAN AMENDMENT Scholastic Inc. 3117 Moreau View Drive Jefferson City, MO 65101 CMPS JOB # 82 -024 Revised 02/12/13 a) There was no error in the original 1996 comprehensive plan. b) Scholastic will sell a portion of the property and have discontinued their interest for a commercial development of the area. Properties adjacent to this property are single family residential. c) The proposal is consistent with development plans. d) All events subsequent would support the proposal e) The change will be incorporated in the next comprehensive plan. f) The future owner of the property will provide any necessary sanitary sewer extensions and easements within the property to ensure that such are sufficient to serve the future residential use of the property. All other public facilities and utilities are in place and available to the property. g) There is an adequate supply of land available to accommodate the zoning requirements. h) The community will benefit from the infill development 1 lash «20 feet Q 0 t0 b 073 C.O. Sal. - /«t ) :" ir `\ 04.4 a• ••�..r \ P.41=4"4129 \ 210 ■/ \ , • l; 1 I\ s. - r._•„_ • SchrkwUr Me. 3117 Memo Mom 6. 1:11.1; ;al ��, elm. 1•247 I��I;\ Zoned F1 M---� �` l 11 fill f %b,.:E • • Y..N. / IfMew • 1. 4. 7• ♦ f.P1r ..// l • ••••• elan II I 1 ii 4.. .._ 1 •--!'�y.,°w„4 s1w� —. �Jx• oa 7r._..___.._. _ •.} "A FT 767.73 m a•y ‘1.1;.%, a.°^7 7 rs nt.'s --I _ : 73.1.« i 1 •* ' Z;� rc 773182 -- A • • ROBIN '"1S m RDAD 1 • .a-L« I Oaer — ' - ti et BUJ. • 1 / 1 1 • / .' \ Sta. •22.34.27 / \ 7l. 6 .111 , \\ \`\ Vim ``` • 31221 1 .e. iw Cr NU. i \ \\ torml b--1 e•tq Ikon . 214 70.21 m \• • me \, G, ‘• \ "• • / NONNI N. Dr. 03284 1•7.7 t•• c -t • / • •\ • 11., t3 \ • "ar,. a Case No. P13002 3117 Moreau View Drive A. Rezoning from C -1 to RS -2 B. Comprehensive Plan Amendment z 0 0) ca T ` ww 0 J CO N O U I) SCHOLASTIC, INC. 0 2 n CUPS Joe 82-02 REZONING BOUNDARY w=7 .er6w C100 1 a 1 saen 7. 4m • AREA TO BE REZONED FROM C -1 TO RS -2 1.16 ACRES M -1 RU • • ti , / - LAKE Ra RS-2 R S -1 RV C -1 RU mf RS -1 Distributed by Consultant on 3114!2013 Cmur aasw✓∎ r•r�Sii411r Saws MOO EMI ItCa•ry Seat, a r,m Car. LC WO 573 Oa 105 aa N Pace al- Act au owma wry. .eP0e6 b ea+..ra.cea. ti a rpr Uananmi. 3117 MOREAU VIEW - REZONING RS -1 0 50100 200 300 400 N Feet City of Jefferson Department of Planning & Protective Services 320 E. McCarty St. Jefferson City, MO 65101 February 28, 2013 Dear Property Owner. Eric J. Struemph, Mayor Janice McMillan, Director Phone: 573-634-6410 Fax: 573-634-6457 This letter is to notify you that the Jefferson City Planning and Zoning Commission will meet at 5:15 p.m. on Thursday, March 14, 2013 in the Council Chambers of the John G. Christy Municipal Building, 320 East McCarty Street, to consider the following matter (see map on back): Case No. P13002 — 3117 Moreau View Drive; Rezoning and Comprehensive Plan Amendment. Request filed by Scholastic Inc, property owner, to rezone approximately 0.9 acres from C -1 Neighborhood Commercial to RS -2 Single Family Residential and an associated amendment to the Comprehensive Plan to show the property as low density residential. The property is located at the northwest corner of the intersection of Moreau View Drive and Lake Road and is described as part of the Northeast Quarter of the Southeast Quarter of Section 22, Township 44 North, Range 11 West (Central Missouri Professional Services, Consultant). As a nearby landowner and/or neighbor, you have the privilege of attending this hearing. Unfortunately, we are unable to record comments received by telephone, however, written comments may be directed to the Planning and Zoning Commission in one of the following ways: e -mail: jcplanning @jeffcitymo.org fax: Dept. of Planning and Protective Services / Planning Division 573 - 634 -6457 mail: Dept. of Planning and Protective Services / Planning Division John G. Christy Municipal Building, 320 E. McCarty Street Jefferson City, MO 65101 Written comments received on or before 1:00 p.m. on the day of the meeting will be made a part of the official record and copied and distributed to Commission members at the meeting. Those unable to provide written comments in advance are invited to deliver their comments to the Commission Chairman only at the meeting. Correspondence received after 1:00 p.m. will be included in the official record, but there is no guarantee that copies will be made for distribution to all Commission members. For your information, this case is tentatively scheduled for a public hearing in front of the City Council on April 15, 2013 (First Council Meeting). The City Council meets at 6:00 p.m. in the Council Chambers of the John G. Christy Municipal Building, 320 East McCarty Street. If you have any questions concerning this matter, please feel free to contact us at 573.634.6475. Sincerely, 6;r-t c Eric Barron, AICP Senior Planner Individuals should contact the ADA Coordinator at (573) 634 -6570 to request accommodations or alternative formats as required under the Americans with Disabilities Act. Please allow three business days to process the request. Jefferson City Planning & Zoning Commission Page 1 Property Owner List Case No. P13002 3117 Moreau View Drive March 14, 2013 SCHOLASTIC INC 100 PLAZA DR 4TH FLOOR SECAUCUS, NJ 07094 3117 MOREAU VIEW DR (Subject Property) SCHOLASTIC INC 100 PLAZA DR 4TH FLOOR SECAUCUS, NJ 07094 MOREAU VIEW DR SCHOLASTIC INC 100 PLAZA DR 4TH FLOOR SECAUCUS, NJ 07094 3030 ROBINSON RD STROPE, DONALD S & DOROTHY L, TRUSTEES 3122 ALGOA RD JEFFERSON CITY, MO 65101 ALGOA RD SMITH, OBERA MANN 3125 MOREAU VIEW DR JEFFERSON CITY, MO 65101 LAKE RD 3125 MOREAU VIEW DR JACKSON, JOSEPH V 3127 MOREAU VIEW DR JEFFERSON CITY, MO 65101 3127 MOREAU VIEW DR STOCKMAN, DOLORES C, TRUSTEE 3129 MOREAU VIEW DR JEFFERSON CITY, MO 65101 3129 MOREAU VIEW DR SCOTT, RICHARD I TRUSTEE BOLDEN, CLARA C TRUSTEE 1310 SWIFTS HWY, UNIT K103 JEFFERSON CITY, MO 65109 3131 MOREAU VIEW DR PLANNING STAFF REPORT JEFFERSON CITY PLANNING AND ZONING COMMISSION March 14, 2013 Case No. P13002 — 3117 Moreau View Drive; Rezoning and Comprehensive Plan Amendment. Request filed by Scholastic Inc, property owner, to rezone approximately 0.9 acres from C -1 Neighborhood Commercial to RS -2 Single Family Residential and an associated amendment to the Comprehensive Plan to show the property as low density residential. The property is located at the northwest corner of the intersection of Moreau View Drive and Lake Road and is described as part of the Northeast Quarter of the Southeast Quarter of Section 22, Township 44 North, Range 11 West (Central Missouri Professional Services, Consultant). Nature of Request Scholastic owns a house at 3117 Moreau View Drive that is adjacent to a parking lot that is across the street from their warehouse facility on Robinson Road. This house has been used in the past as an office, but is currently vacant. Scholastic wishes to transfer the house and adjacent property to the east of the house and is proposing to rezone this portion of the property from C -1 to RS -2 in order to accommodate the transfer. A Comprehensive Plan Amendment to designate the property as low density residential on the Development Plan Map of the Comprehensive Plan is also proposed to support the requested rezoning. Zoning History This property was annexed into the City Limits of Jefferson City as part of the 1997 voter approved Algoa Annexation Area. The C -1 zoning of the property and intended use of commercial was established at that time. Zoning and Surrounding Land Use Current Zoning: C -1 Requested Zoning: RS -2 Current Use: Vacant house formerly used as an office Intended Use: Single Family Residential Allowed Uses: The RS -2 district has minimum lot size of 10,000 sf and minimum lot width of 80 feet. Please see section 35- 28 of the Zoning Code for a complete list of permitted uses. Staff Analysis Standard checklist for rezoning: .Surrounding Zoning Surrounding Uses North C -1 Parking Lot for Scholastic South RU Undeveloped East RS -1 /RD Single Family Residential and a Duplex West C -1 Parking Lot for Scholastic Allowed Uses: The RS -2 district has minimum lot size of 10,000 sf and minimum lot width of 80 feet. Please see section 35- 28 of the Zoning Code for a complete list of permitted uses. Staff Analysis Standard checklist for rezoning: Yes No Notes: Complies with Comprehensive Plan X The annexation plan of intent identified this property as Commercial. A re- designation to Low Density Residential would be necessary to support the proposed zoning. Has access to necessary utilities X The house is currently being served by a septic system. A short sewer line extension from newly built sewer lines in the area is being planned. Located outside flood zone X The property does not lie within the 100 year floodplain. Meets district size requirement X There is no minimum size for the RS -2 district. Benefit to City is substantial when compared to adverse affects on adjacent property X The rezoning would be more compatible with the adjacent residential uses than the current commercial zoning. Planning and Zoning Commission Case No. P13002 March 14, 2013 Page 2 Standard checklist for rezoning: Yes No Notes: The rezoning would not be a grant of privilege to the owner with little or no benefit to the public X The rezoning would be more compatible with the adjacent residential uses than the current commercial zoning. After rezoning, the allowed uses would be compatible with uses allowed in adjacent districts X The property to the east is zoned single family residential. After rezoning, the allowed uses would be compatible with adjacent existing land uses X The property to the east is used in a single family residential manner. If not rezoned, the owner would be deprived of use advantages enjoyed by surrounding owners (reverse spot zoning) X The rezoning would be a downzoning from commercial to single family residential and would be compatible with the adjacent single family use to the east. The requested rezoning would be an expansion of an existing district X The rezoning would be an expansion of the adjacent single family zoning on Lake Road. Staff Recommendation Comprehensive Plan Amendment: The proposed Comprehensive Plan Amendment would be a minor change in the intended development character of the area and would help to separate the existing single family residential uses to the east from commercial uses currently permitted on the property. Rezoning Request: Rezoning of the property to RS -2 would seem appropriate given the adjacent single family uses to the east and the fact that the existing house on the property was originally built as a residential structure. Approve Deny Neutral Staff Recommendation X Form of Motion 1. Motion to approve the comprehensive plan amendment request to show the property as Low Density Residential. 2. Motion to approve the request to rezone the property from C -1 to RS -2.