TO: Mayor and Members of City Council
THRU: Kelly Strickland - Assistant City Manager
Dr. Gerald Newton, AICP - Development Services Director
FROM: Will Deaton, MPA, AICP, CFM, CZO - Planning & Zoning Manager
Heather Eckhardt, CZO - Planner II
DATE: April 28, 2025
RE:
Title
P25-07. A request to rezone 0, 4716, 4716, 4717, and 4719 Morris St (REID 0417018075000, 0417019117000, 0417016209000, 0417016144000, and 0417016233000), owned by DPGP Investments LLC and Price/Fischer Family Properties LLC, from Single-Family Residential 10 (SF-10) to Community Commercial (CC).
end
COUNCIL DISTRICT(S):
Council District(s)
9 - Deno Hondros
b
Relationship To Strategic Plan:
Goal II: Responsive City Government Supporting a Diverse and Viable Economy
• Objective 2.1 - To ensure a diverse City tax base
Goal III: City invested in Today and Tomorrow
• Objective 3.2 - To manage the City's future growth and strategic land use.
Executive Summary:
Council is asked to receive the recommendation from the Zoning Commission and approve the rezoning request as part of the consent agenda.
The applicant has requested to rezone five parcels along Morris Street from Single Family Residential 10 (SF-10) to Community Commercial (CC).
Zoning Commission voted unanimously to recommend approval of this request at their March 11 meeting. There were no speakers in opposition.
Background:
Owner: DPGP Investments LLC and Price/Fischer Family Properties LLC
Applicant: Kenneth Smith Jr. of Smith Site Consultants, PLLC
Requested Action: SF-10 to CC
REID #: 0417018075000, 0417019117000, 0417016209000, 0417016144000 and 0417016233000
Status of Property: Multiple single-family houses, multiple accessory dwelling units and a private street
Size: 2.72 acres
Adjoining Land Use & Zoning:
• North: SF-10 - Vacant land
• South: CC - Existing site of Lafayette Ford
• East: SF-10 - Vacant land
• West: CC - Existing site of Lafayette Ford
Letters Mailed: 157
Land Use Plans:
With the adoption of the 2040 Comprehensive Plan: Future Land Use Map & Plan on May 26, 2020, all properties within the city limits as well as properties identified as being in the Municipal Influence Area (MIA) are subject to this plan. According to the Plan, it is recommended that this portion of the city should be developed as Office/Institutional. Areas indicated for Office/Institutional uses are intended to have medium intensity nonresidential uses such as light industrial, offices, flexspaces, warehousing, and large schools/institutions. Businesses and buildings can be grouped, occasionally in business parks. This area also includes utilities and city services.
Issues/Analysis:
History:
The two existing single-family homes on the subject properties were constructed in the 1950s and 1960s, prior to the development of the LaFayette Ford site. Over the years, several accessory structures were added, some of which supported a home-based automotive business at 4719 Morris Street. Meanwhile, the LaFayette Ford site has gradually expanded through the acquisition of additional land and the construction of new structures. Throughout this period, Morris Street has remained largely unchanged.
Surrounding Area:
The subject properties are situated to the north of the LaFayette Ford site. Morris Street is a dead-end road, featuring two single-family homes at the street’s entrance and three vacant lots at the end. To the north of the vacant land lies the Montclair neighborhood. The LaFayette Ford site borders the subject properties to the west and south. Further west, beyond the LaFayette Ford site, is a newly developed self-storage facility. To the east of the subject properties are several lots along Karr Drive, with two residential structures located between Karr Drive and Glensford Drive.
Rezoning Request:
Land within the City is generally classified by the Unified Development Ordinance (UDO) to be within one of many base zoning districts. Land may be reclassified to one of several comparable zoning districts in accordance with Section 30-2.C.
Straight Zoning:
The request is for a rezoning from Single Family Residential 10 (SF- 10) to Community Commercial (CC).
The Community Commercial (CC) District is established and intended to accommodate a diverse range of medium- to high-intensity retail, service, and office uses that provide goods and services serving the residents and businesses in the community at large-e.g., shopping centers, convenience stores, and retail sales establishments.
The reclassification of land to a base zoning district without conditions allows all of the uses that are shown on the Use Table taken from the UDO. The Zoning Commission may not consider conditions or restrictions on the range of allowable uses, use standards, development intensities, development standards, and other applicable regulations.
Land Use Plan Analysis:
According to the Future Land Use Map & Plan, it is recommended that this portion of the city should be developed as Office/Institutional. Areas indicated for Office/Institutional uses are intended to have medium intensity nonresidential uses such as light industrial, offices, flexspaces, warehousing, and large schools/institutions. Businesses and buildings can be grouped, occasionally in business parks. This area also includes utilities and city services.
Consistency and Reasonableness Statements:
The Future Land Use Plan also sets forth written goals, policies, and strategies. This application follows the City’s strategic, compatible growth strategies and does meet the goals of the Land Use Plan found on the attached Consistency and Reasonableness form.
Conclusion:
In conclusion, the request to rezone the subject properties from Single Family Residential 10 (SF-10) to Community Commercial (CC) aligns with both the surrounding area's development trends and the City's Future Land Use Plan. Given the expansion of the LaFayette Ford site, the presence of medium- to high-intensity uses in the vicinity, and the broader community's need for retail, service, and office spaces, the rezoning would provide an opportunity for growth that is consistent with the City's strategic goals. This change is reasonable and appropriate, supporting both the development of the area and the needs of the community.
Budget Impact:
There is not an immediate budgetary impact but there will be an economic impact associated with this rezoning that will occur due to taxes collected in the future.
Options:
1. Approval of the map amendment to CC as presented based on the evidence submitted and finds that the rezoning is consistent with the Future Land Use Plan as demonstrated by the attached consistency and reasonableness statement (recommended)
2. Approval of the map amendment to a more restrictive zoning district based on the evidence submitted and finds that the map amendment would be consistent with the Future Land Use Plan and an amended consistency statement.
3. Denial of the map amendment request based on the evidence submitted and finds that the map amendment is inconsistent with the Future Land Use Plan.
Recommended Action:
The Zoning Commission and Professional Planning Staff recommend that the City Council APPROVE of the map amendment to CC based on the following:
• The proposed zoning map amendment does implement the policies adopted in the Future Land Use Plan (FLUP), and those policies found in the Unified Development Ordinance (UDO).
• The uses permitted by the proposed change in zoning district classification and standards apply to such uses are appropriate in the immediate area of the land to be reclassified due to the existing zoning and uses surrounding this property; and
• There are no other factors that will substantially affect public health, safety, morals, or general welfare.
Attachments:
1. Plan Application
2. Aerial Notification Map
3. Zoning Map
4. Land Use Plan Map
5. Subject Property
6. Surrounding Property Photos
7. Consistency and Reasonableness Statement
8. Powerpoint