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HomeMy Public PortalAboutORD14641 BILL NO. 2009-129 SPONSORED BY Counncililm/an�S/trJuemoh ORDINANCE NO. AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, CHANGING, AMENDING, AND MODIFYING THE ZONING MAP OF THE ZONING CODE OF THE CITY OF JEFFERSON, BY REZONING 3.49 ACRES, INCLUDING 2.92 ACRES FROM RA-2 HIGH DENSITY RESIDENTIAL TO C-0 OFFICE COMMERCIAL AND 0.57 ACRES FROM RS-2 SINGLE FAMILY RESIDENTIAL TO C-0 OFFICE COMMERCIAL, FOR PROPERTIES ADDRESSED AS 1801 STADIUM BOULEVARD AND 1304, 1312, 1314, 1316 AND 1400 SOUTHWEST BOULEVARD, DESCRIBED AS PARTS OF LOTS 5, 6 AND 7 OF SWIFT AND THOMPSONS SUBDIVISION, LOCATED IN THE NORTHWEST QUARTER OF SECTION 13, TOWNSHIP 44 NORTH, RANGE 12 WEST, JEFFERSON CITY, COLE COUNTY, MISSOURI. WHEREAS, It appears that the procedures set forth in the zoning code relating to zoning have in all matters been complied with. 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 RA-2 High Density Residential and RS-2 Single Family Residential to C-0 Office Commercial: 1801 Stadium Boulevard and 1304 Southwest Boulevard: Part of Lot No. 5 of Swift and Thompson's Subdivision in the City of Jefferson, Missouri, per plat of record in Plat Book 1, Page 9, Cole County Recorder's Office, more particularly described as follows: Beginning at the northeast corner of said Lot No. 5; thence South 4 degrees 30 minutes East, along the east line of said Lot No. 5 and the west line of Southwest Boulevard, 150 feet; thence west parallel with the north line of said Lot No. 5, 125 feet; thence north parallel with the east line of said Lot No. 5, 150 feet, to the north line of said Lot No. 5 and the south line of Stadium Boulevard; thence east along the north line of said Lot No. 5 and the south line of Stadium Boulevard, 125 feet to the beginning point of this description; and ALSO: Part of Lot No. 5 of Swift and Thompson's Subdivision, in the City of Jefferson, Missouri, per plat of record in Plat Book 1, Page 9, Cole County Recorder's Office, more particularly described as follows: From the Northeast corner of Lot No. 5 of said Swift and Thompson's Subdivision; thence South 43 degrees 00 minutes 00 seconds East, along the east line of said Lot No. 5, 150.00 feet to the northeast corner of the second described tract as per deed of record in Book 343, Page 246, Cole County Recorder's Office; and the beginning point of this description; thence continuing South 4 degrees 30 minutes 00 seconds East; along the east line of said Lot No. 5, 20.84 feet; thence South 86 degrees 34 minutes 52 seconds West, 125.02 feet; thence North 4 degrees 30 minutes 00 seconds West; 18.55 feet to a point on the north line of the aforesaid tract described in Book 343, Page 246; thence North 85 degrees 32 minutes 00 seconds East, along the north line of said tract, 125.00 feet to the beginning point of this description; and 1312 and 1314 Southwest Boulevard: Part of Lots Nos. 5 and 6 of Swift and Thompson Subdivision, in the City of Jefferson, Missouri, per plat of record in Plat Book 1, Page 9, Cole County Recorder's Office, more particularly described as follows: From the northeast corner of said Lot No. 5; thence South 4 degrees 30 minutes East, along the east line of said Lot No. 5, 232.36 feet, to the beginning point of this description; thence South 85 degrees 32 minutes West, 268.0 feet; thence South 4 degrees 30 minutes East, 105.34 feet; thence North 85 degrees 32 minutes East, 268.0 feet; thence North 4 degrees 30 minutes West, 105.34 feet, to the beginning point of this description. Containing 0.65 of an acre; and ALSO: Part of Lot No. 6 of Swift and Thompson Subdivision of the Northwest Quarter of Section 13, Township 44 North, Range 12 West, in the City of Jefferson, Missouri, more particularly described as follows: From the northeast corner of Lot No. 5 of said Swift and Thompson Subdivision; thence in a southerly direction, along the east line of Lots Nos. 5 and 6, a distance of 337.36 feet, to the beginning point of this description; thence continuing south along the east line of said Lot No. 6, a distance of 80 feet; thence west parallel with the north line of Lot No. 6, a distance of 343.2 feet; thence north parallel with the east line of said Lot, 80 feet; thence east parallel with the north line of said Lot, 343.2 feet, to the beginning point of this description. Containing 0.63 of an acre; and ALSO: Part of Lot No. 5 of Swift and Thompson Subdivision, in the City of Jefferson, Missouri, per plat of record in Plat Book 1, Page 9, Cole County Recorder's Office, more particularly described as follows: From the northeast corner of Lot No. 5 of said Swift and Thompson Subdivision; thence South 4 degrees 30 minutes 00 seconds East, along the east line of said Lot No. 5, 150.00 feet the northeast corner of the second described tract as per deed of record in Book 343, Page 246, Cole County Recorder's Office; thence continuing South 4 degrees 30 minutes 00 seconds East, along the east line of said Lot No. 5, 20.84 feet to the point of beginning for this description; thence continuing South 4 degrees 30 minutes 00 seconds East; along the east line of said Lot No. 5, 61.52 feet to the southeast corner of the aforesaid second described tract in Book 343, Page 246; thence South 85 degrees 32 minutes 00 seconds West, along the south line of said tract, 193.00 feet to the southwest corner thereof; thence North 4 degrees 30 minutes 00 seconds West, along the west line of said tract, 82.36 feet to the northwest corner thereof; thence North 85 degrees 32 minutes 00 seconds East, along the North line of said tract 68.00 feet; thence South 4 degrees 30 minutes 00 seconds East; 18.55 feet; thence North 86 degrees 34 minutes 52 seconds East, 125.02 feet to the point of beginning; and 1316 Southwest Boulevard: A part of Lot No. 6 of Swift and Thompson Subdivision of the Northwest Quarter of Section 13, Township 44 North, Range 12 West, and more particularly described as follows: Beginning at a point on the east line of said Lot, 5 feet north of the southeast corner thereof, thence west parallel to the south line of said Lot, 270 feet; thence north parallel to the east line, 70 feet; thence east parallel to the south line, 270 feet to the east line of said Lot; thence south along the east line of said Lot, 70 feet to the point of beginning; and 1400 Southwest Boulevard: Part of Lots Nos. 6 and 7 of Swift and Thompson's Subdivision of the Northwest Quarter of Section 13, Township 44 North, Range 12 West, in the City of Jefferson, as per plat of record in Plat Book 1, Page 9, Cole County Recorder's Office, more particularly described as follows: Beginning on the easterly line of Lot No. 6 at a point 5.0 feet northerly of the southeasterly corner of said Lot No. 6, thence southerly along the easterly line of Lot Nos. 6 and 7, 162.6 feet to a point 15.0 feet northerly of the southeasterly corner of a tract of land described in Book 290, Page 81, Cole County Recorder's Office; thence westerly parallel to the northerly line of said Lot 7, 270.0 feet to a point 15.0 feet northerly of the southwesterly corner of said tract in Book 290, Page 81; thence northerly parallel to the easterly line of said Lot 7, 162.6 feet to the northwest corner of a tract of land described in Book 291, Page 779, Cole County Recorder's Office; thence easterly along the northerly line of said tract, 270.0 feet to the point of beginning. Containing, in all, 3.49 acres, more or less. Section 2. This ordinance shall be in full force and effect from and after its passage and approval. r �� Passed: �� ��i Approved:�l Z��7 Pr esi rn fficer ay ATTEST: APP OVED FORM: �LrJ z", City' CIA City Counselor EXCERPT OF UN-APPROVED MINUTES JEFFERSON CITY PLANNING AND ZONING COMMISSION January 14, 2010 5:15 p.m. COMMISSION MEMBERS PRESENT ATTENDANCE RECORD Ralph Robinett, Chairman 8 of 8 Jack Deeken 6 of 8 Bob George 5 of 8 Chris Jordan, Vice Chairman 6 of 8 John Lake 5 of 8 J. Rick Mihalevich' 7 of 8 David Nunn 6 of 8 Chris Yarnell 7 of 8 Dean Dutoi,Alternate 5 of 5 Michael Lester, Alternate 1 of 1 'Arrived late COMMISSION MEMBERS ABSENT Randy Bickel 4 of 8 Scott Stacey, Alternate 6 of 8 EX-OFFICIO MEMBERS PRESENT Eric Struemph, City Council Liaison STAFF PRESENT Janice McMillan, Deputy Director of Planning&Transportation Services Eric Barron, Senior Planner Nathan Nickolaus, City Counselor David Bange, Engineering Division Director Shane Wade, Civil Engineer II Anne Stratman, Administrative Assistant New Business-Public Hearing Case No. P10001 — 1801 Stadium Boulevard and 1304, 1312, 1314, 1316, and 1400 Southwest Boulevard. Request filed by City Staff to rezone an area containing 4 property parcels and consisting of approximately 3.49 acres from RA-2 High Density Residential and RS-2 Single Family Residential to C-O Office Commercial. The area is described as part of lots 5, 6, and 7 of Swift and Thompsons Subdivision of the Northwest Quarter of Section 13, Township 44 North, Range 12 West, being located in Jefferson City, Cole County, Missouri. The area is generally located on the western side of Southwest Boulevard beginning at Stadium Boulevard and continuing south approximately 650 feet. Full legal descriptions of the affected properties and maps of the area are on file at the Department of Community Development and are available for review during regular business hours. Mr. Barron described the proposal and explained that the subject property was developed in a commercial manner in accordance with the old zoning code, however, with the adoption of a new zoning code in 2002 the commercial uses now conflict with the residential zoning of the property. He stated that prior to the adoption of a new zoning code in 2002, office buildings were a conditional use of the RA-2 zoning district. Mr. Barron explained that the three medical office buildings that have been constructed in the area each received a conditional use permit from the Board of Adjustment. He explained that while the existing office buildings can continue to operate under their original conditional use permits, any building expansion or change of use within the buildings could be problematic due to the residential zoning of the area. Mr. Barron stated that the four residential apartments located on the second floor of 1312 Southwest Boulevard and the one apartment located on the second floor of 1314 Southwest Boulevard would remain in conformance with the zoning code. He explained that the existing singly family home at 1316 Southwest Boulevard would become a non-conforming use of the C-0 zoning district and if the property owner wished to expand the home they would be limited to a one time expansion of 20 percent. Mr. Barron stated that he has contacted all of the property owners within the area and have not received any negative comments. Excerpt of Unapproved Minutes!Jefferson City Planning&Zoning Commission Page 2 January 14, 2010 No one spoke in opposition to this request and no correspondence was received. Mr. Nunn moved and Mr. Dutoi seconded to recommend approval to rezone the property from RA-2 and RS-2 to C-O to the City Council. The motion passed 8-0 with the following votes: Aye: Deeken, Dutoi, George, Jordan, Lake, Mihalevich, Nunn, Yarnell City of Jefferson Planning & Zoning Commission VICINITY �T 7 PON An i 04D, i �A n A Iq ft" bnA ,k-,Nb S AU T.� > W1 I 0 W * 17-- .1 1,1, oe, <1 L U1 V M M GE L vy h I FIT 'IF H L"L _SZH MELODY L ED LE-D 14 'DIU 1WD ��l lii ll !L ���,L��1 i L---S-T. .A 1 WEL P4 <-j F D r A f lh u OF DIM T U LT -7 Ilk, j F7 SM-MMOV F V, < I � �Al, I -A Tj --SUN�4ALL D N Case No. P10001 +E 1801 Stadium Blvd. and 1304, 1312, `1314, S 1316 and 1400 southwest Blvd. 0 275 550 1,100 Feet Proposed Staff Initiated Rezoning from ig±KJMMM City of Jefferson Planning & Zoning Commission LOCATION i a�IUM-BL-Vb r \! s` C-0 X19 fi' 4H O M P S ON-S T-.�.._._.I' t� 1 5 t ,. i L 4 C-o + O . e, A Case No. P10001 r 1801 Stadium Blvd. and 1304, 1312, 1314, W�E 1316 and 1400 Southwest Blvd. s Proposed Staff Initiated Rezoning from RA-2 and RS-2 to C-O 0 40 80 160 Feet Proposed Staff Initiated Rezoning 1801 Stadium Boulevard and 1304, 1312, 1314, 1316 and 1400 Southwest Boulevard N Case # P10001 W�E Area proposed to be rezoned S from RA-2 Multi-Family Residential and RS-2 Single Family Residential 0 155 310 Feet to C-O Office Commercial 0 J m F- Lu W 2 O UD STADIUM BLVD RS-4 RS-2 - RA-2 C-O - - -- RS-2 PUD _ THOMPSON ST W C-O ¢ m W 0 EDGEWOOD DR Or O City of Jefferson John Landwehr r- - Mayor Department of Community Development Patrick E. Sullivan, P.E.; Director 320 East McCarty Street Phone: (573) 634-6410 Jefferson City, Missouri 65101 25 Fax: (573) 634-6457 November 23, 2009 Dear Property Owner, The Planning Division of the City of Jefferson is considering a staff initiated rezoning of the area shown on the attached map, which includes your property, from RA-2 Multi-Family Residential and RS-2 Single Family Residential to C-O Office Commercial. The purpose of this proposed rezoning is to align the zoning of this area with the predominantly commercial use in the area. Three of the four properties located within this area are currently being used in a commercial manner and many of the surrounding uses are commercial in nature. Prior to the establishment of a new Zoning Code in 2002, certain medical and office uses were permitted in the RA-2 zoning district after the property owner obtained a conditional use permit from the Board of Adjustment. While each of the office buildings in the area received a conditional use permit prior to being constructed, the current zoning code does not allow for medical or office uses in the RA-2 district. Any building expansion or change of use could be problematic due to the residential zoning of the area. A rezoning of the area to C-0 Office Commercial would bring these commercial uses into conformance with the zoning code and would more closely align with the commercial nature of the area. Current residential uses in the area include several apartments on the second floor of buildings and a single family residential house. The C-O zoning district does permit residential uses on the second floor or above, but does not permit single family residential houses. If rezoned, the residential apartments would continue as permitted uses in the C-O zoning district and the residential house would be considered a nonconforming (or grandfathered) use. Planning Division staff would like to include this rezoning proposal on the agenda for the January 14, 2010, meeting of the Planning and Zoning Commission, but would like to discuss with you the benefits and processes of this zoning change beforehand. Please contact me at 573-634-6419 at your earliest convenience so that we may discuss this proposal. Sincerely, Eric Barron, AICP Senior Planner City or , of erson COMMUNrrY DEVELOPMENT builaing vet±er community' Affected Property Owner List 11-23-09 Teubner Properties LLC 1528 Fox Moor Ct. Jefferson City, MO 65109 Rowan Resources LP 430 Virginia TH. Jefferson City,MO 65109 Graham,Hanson&Busby Real Estate Partnership 1400 Southwest Blvd. Suite B Jefferson City, MO 65109 John L Whipple Jr. 1400 Southwest Blvd. Suite A Jefferson City, MO 65109 Jcoms Real Estate LLC 1400 Southwest Blvd, Suite C Jefferson City,MO 65109 Or J �fe O` 111 ; City f Jefferson �� i John Landwehr y — - Mayor Department of Community Development Patrick E. Sullivan, P.E.; Director 320 East McCarty Street = Phone: (573)634-6410 Jefferson City, Missouri 65101 25 Fax: (573) 634-6457 December 31, 2009 Dear Property Owner: This letter is to notify you that the Jefferson City Planning and Zoning Commission will meet at 5:15 p.m. on Thursday, January 14, 2010 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. P10001 — 1801 Stadium Boulevard and 1304, 1312, 1314, 1316, and 1400 Southwest Boulevard. Request filed by City Staff to rezone an area containing 4 property parcels and consisting of approximately 3.49 acres from RA-2 High Density Residential and RS-2 Single Family Residential to C-O Office Commercial. The area is described as part of lots 5, 6, and 7 of Swift and Thompsons Subdivision of the Northwest Quarter of Section 13, Township 44 North, Range 12 West, being located in Jefferson City, Cole County, Missouri. The area is generally located on the western side of Southwest Boulevard beginning at Stadium Boulevard and continuing south approximately 650 feet. Full legal descriptions of the affected properties and maps of the area are on file at the Department of Community Development and are available for review during regular business hours. As an area 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 Community Development I Planning Division 573-634-6457 mail: Dept. of Community Development/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 February 15, 2010. 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. DEPARTMENT OF COMMUNITY DEVELOPMENT C� v�tizp?� Eric Barron, AICP Senior Planner City�of , 1 t m O11 ....JIl of ers0n COMMUNffY DEVELOPMENT 'building a better community' Jefferson City Planning&Zoning Commission Page 1 Case No. P 1000 1 January 14, 2010 1801 Stadium Blvd& 1304, 1312, 1314, 1316& 1400 Southwest Blvd Southwest Group Inc Neeley, Caleb A 909 Missouri Blvd Sapp, Jennifer R Jefferson City, MO 65109 1803 Stadium Blvd 1411 Southwest Blvd Jefferson City,MO 65109 1803 Stadium Blvd Memorial - Still Regional Medical Center PO Box 1 128 Teubner Properties L L C Jefferson City, MO 65102 1528 Fax Moor Ct 1410 Southwest Blvd Jefferson City, MO 65109 1801 Stadium Blvd (Subject Proper(y) Beck, Robert K&Raye Fern 1810 Stadium Blvd Doerhoff, Bert A&Jane M Jefferson City,MO 65109 PO Box 6 1810 Stadium Blvd St Elizabeth, MO 65075 1715 Stadium Blvd Rector, James L Jr 1808 Stadium Blvd Doerhoff, Bert A&Jane M Trustees Jefferson City,MO 65109 PO Box 6 1808 Stadium Blvd St Elizabeth, MO 65075 1707 Stadium Blvd Scoville, Glenda S Trustee 1223 Southwest Blvd Brandon, Richard G& Ruth A Jefferson City, MO 65109 3901 Bennington Ln 1221 Southwest Blvd Jefferson City, MO 65109 1223 Southwest Blvd 1305 Southwest Blvd Phelps, Minnie Sue Sennett, John S III Trustee Brown, Charles Keith 2080 Honeysuckle Ln 1804 Stadium Blvd Jefferson City,MO 65109 Jefferson City,MO 65109 1303 Edgewood Dr 1804 Stadium Blvd Heng, Veen& Seang Wall, James D 1813 Stadium Blvd 1222 Southwest Blvd Jefferson City,MO 65109 Jefferson City,MO 65109 1813 Stadium Blvd 1222 Southwest Blvd Leroy, Gayla Fields Blume, Anthony J&Pauline H Findlay, Paula&Wibbert, Harriet 1226 Southwest Blvd 234 County Rd 808 Jefferson City, MO 65109 Linn, MO 65051 1226 Southwest Blvd 1809 Stadium Blvd Royer, Rodney Maurice New Horizons Community Support Sery Inc 1811 Stadium Blvd 2013 William St Jefferson City,MO 65109 Jefferson City,MO 65109 1811 Stadium Blvd 1313 Southwest Blvd 1315 Southwest Blvd Hicks, Ray L&Velma 1805 Stadium Blvd Jefferson City,MO 65109 1805 Stadium Blvd Jefferson City Planning&Zoning Commission Page 2 Case No.P 10001 January 14, 2010 1801 Stadium Blvd& 1304, 1312, 1314, 1316& 1400 Southwest Blvd Rowan Resources L P Graham, Hanson&Busby Real Estate 430 Virginia Tr] Partnership Jefferson City, MO 65109 1400 Southwest Blvd, Suite B 1314 Southwest Blvd (Subject Property) Jefferson City,MO 65109 1400 Southwest Blvd, Suite B (Subject J & S Holdings Rentals L L C Property) 1314 Hwy 179 Jefferson City,MO 65109 Whipple, John L Jr 1708 Thompson St 1400 Southwest Blvd, Suite A Jefferson City, MO 65109 Roberts Communications Properties L L C 1400 Southwest Blvd, Suite A (Subject 1408 N Kingshighway, Suite 300 Property) St Louis,MO 63113 1309 Edgewood Dr Rowan Resources L P 430 Virginia Trl Jefferson City, MO 65109 1316 Southwest Blvd (Subject Property) McDonough, Robert W&Darla D McDonough, Robert W&Deborah Kay Trustees 709 Primrose Ct Jefferson City, MO 65109 1401 Southwest Blvd McDonough,Robert W&Darla D McDonough, Charles R&Jessie L Trustees 709 Primrose Ct Jefferson City,MO 65109 1707 Thompson St Graham, Hanson&Busby Real Estate Partnership 1400 Southwest Blvd Jefferson City,MO 65109 1400 Southwest Blvd (Subject Property) Jcoms Real Estate, LLC 1400 Southwest Blvd, Suite C Jefferson City,MO 65109 1400 Southwest Blvd, Suite C (Subject Property) PLANNING STAFF REPORT JEFFERSON CITY PLANNING AND ZONING CONDUSSION January 14,2010 Case No. P10001 — 1801 Stadium Boulevard and 1304, 1312, 1314, 1316, and 1400 Southwest Boulevard. Request filed by City Staff to rezone an area containing 4 property parcels and consisting of approximately 3.49 acres from RA-2 High Density Residential and RS-2 Single Family Residential to C-O Office Commercial. The area is described as part of lots 5, 6,and 7 of Swift and Thompsons Subdivision of the Northwest Quarter of Section 13, Township 44 North, Range 12 West, being located in Jefferson City, Cole County, Missouri. The area is generally located on the western side of Southwest Boulevard beginning at Stadium Boulevard and continuing south approximately 650 feet. Full legal descriptions of the affected properties and maps of the area are on file at the Department of Community Development and are available for review during regular business hours. Nature of Request This rezoning request is being brought forward by planning division staff. The request is to rezone an area consisting of four separate properties from the current zoning designation of RA-2 and RS-2 to C-0. The area was developed in a commercial manner in accordance with the old zoning code. With the adoption of a new zoning code in 2002,the commercial uses now conflict with the residential zoning of the property. Zonine History This property has been zoned RA-2 and RS-2 since the late 1960's. Prior to the adoption of a new zoning code in 2002, office buildings were a conditional use of the RA-2 zoning district. The three medical office buildings that have been constructed in the area each received a conditional use permit from the Board of Adjustment. The three conditional use permits were granted in 1978, 1979, and 1989. Two of the three conditional use permits had no conditions attached. The office building at 1400 Southwest Boulevard had a condition that signage be limited to 20 square feet. Zoning and Surrounding Land Use Current Zoning: RA-2 and RS-2 Current Use: Medical offices/2 single family residential/2°d floor residential apts./vacant commercial(former hair salon) Requested Zoning: C-O Intended Use: No intended change to the existing use Surrounding Zoning Surrounding Uses North RS-2 Single Family Residential South C-O Capital Region Medical Center East C-0 Office Buildings and future Assisted Living Facility West RS-2 and PUD Single Family Residential and Office Buildings Allowed Uses, The C-0 Commercial Office zoning district allows for a variety of land uses including day care centers, nursing homes, clinics, banks, and substance abuse treatment centers (please see exhibit 35-28 of the zoning code for a complete list of authorized uses). Staff Analysis Standard checklist for rezoning: Yes No Notes: Complies with Comprehensive Plan X The 1996 Comprehensive plan update identified this area as commercial Has access to necessary utilities X Necessary utilities serve the property. Located outside flood zone X The property does not lie within the 100 year flood lain. Meets district size requirement X There is no minimum size requirement for the C-0 zoning district. Benefit to City is substantial when compared to I X The property is utilized in an office commercial adverse affects on adjacent property manner and the city would benefit from having a Planning and Zoning Commission January 14, 2010 Case No. P10001 Page 2 The rezoning would not be a grant of privilege to X The commercial use of the property is existing, the owner with little or no benefit to the public would be compatible with the existing use of the adjacent property to the south and east, and would be a benefit to the public. After rezoning, the allowed uses would be X The use of the property would be compatible with compatible with uses allowed in adjacent districts the use of the adjacent property to the south and east. After rezoning, the allowed uses would be X The property is located in an area currently utilized compatible with adjacent existing land uses in a commercial office manner. If not rezoned,the owner would be deprived of use X The adjacent commercial uses are zoned advantages enjoyed by surrounding owners commercial while this property is zoned residential. reverse spot zoning) The requested rezoning would be an expansion of X The rezoning would be an expansion of the existing an existing district C-O zoning in the area. Staff Recommendation Approve Deny Neutral X The property is currently developed in a Commercial office manner and adjacent zoning and uses are of a commercial office nature. Most of the existing buildings in the area were developed under the previous zoning code,which allowed office buildings in the RA-2 zoning district after review by the Board of Adjustment. With the adoption of the new zoning code in 2002, offices are no longer permitted in the RA-2 zoning district. While the existing office buildings can continue to operate under their original conditional use permits, any building expansion or change of use within the buildings could be problematic due to the residential zoning of the area. A rezoning of the area to C-O Office Commercial would bring the existing office buildings into conformance with the zoning code and would more closely align with the commercial nature of the area. The four residential apartments located on the second floor of 1312 Southwest Boulevard and the one apartment located on the second floor of 1314 Southwest Boulevard would remain in conformance with the zoning code (residential uses on the second floor or above are permitted in all four of the commercial zoning districts). The existing single family home at 1316 Southwest Boulevard would become a non-conforming use of the GO zoning district. Form of Motion: Approval of the request to rezone the property from RA-2 and RS-2 to GO.