Title
Conduct a Public Hearing to Consider/Discuss/Act on the Request by Hillcrest Funeral Home, on Behalf of St. James CME Church, for Approval of a Request to Rezone Approximately 0.44 Acres from “BG” - General Business District to “PD” - Planned Development District, Generally to Modify the Development Standards, Located on the East Side of State Highway 5 (McDonald Street) and Approximately 250 Feet South of Watt Street, and Accompanying Ordinance
Summary
COUNCIL GOALS: N/A
MEETING DATE: March 2, 2010 - Regular Meeting
DEPARTMENT: Development Services - Planning
CONTACT: Jennifer Cox, AICP, Director of Planning
Michael Quint, Senior Planner
Alex Glushko, Planning Technician
RECOMMENDED CITY COUNCIL ACTION: Staff recommends denial of the proposed rezoning request due to the special ordinance provisions needed to develop the subject property as proposed by the applicant.
BOARD OR COMMISSION RECOMMENDATION:
• On January 26, 2010, the Planning and Zoning Commission voted unanimously to recommend denial of the proposed rezoning request. If the City Council wishes to approve the proposed rezoning request, a favorable vote will be required from a supermajority (¾ or at least 6) of the Council members.
ITEM SUMMARY:
• The applicant is requesting to rezone approximately 0.44 acres (Exhibit B) from “BG” - General Business District to “PD” - Planned Development District, generally to modify the development standards, located on the east side of State Highway 5 (McDonald Street) and approximately 250 feet south of Watt Street.
• In order to develop the site according to the proposed zoning exhibit, the applicant is requesting to modify numerous development standards of the Zoning Ordinance, including off-street parking and maneuvering surface material, required screening device materials, as well as several landscape requirements.
PLANNING AND ZONING COMMISSION DISCUSSION:
• At the Planning and Zoning Commission meeting, there was lengthy discussion between Staff and the Commission regarding why the requirements detailed in the Planning and Zoning Commission Staff Report were applicable.
• To further clarify this issue, development standards like concrete or asphalt parking and maneuvering areas, number of parking spaces, and landscaping are typically required when changes in uses occur. Prior to the issuance of a Certificate of Occupancy, the Chief Building Official ensures that the minimum accommodations required by the City’s ordinances have been provided. In this case, the parking surface area required to serve the proposed use was absent triggering the need for parking and landscaping improvements.
• Screening improvements are necessary whenever a situation occurs requiring a screening device. In this case, a non-residential use is being proposed adjacent to a land being used for residential purposes triggering the need for an approved screening device.
• Subsequent to the Planning and Zoning Commission’s action on the proposed rezoning request, the applicant modified the proposed zoning exhibit to reflect that 1,750 square feet of the building will be utilized for the proposed use requiring only 9 parking spaces. As such, a special ordinance provision reducing the minimum parking space requirements is no longer necessary as the proposed zoning exhibit reflects 12 parking spaces.