TO: Mayor and Members of City Council
THRU: Kristoff Bauer, ICMA - CM, Deputy City Manager
FROM: Craig M. Harmon, AICP, CZO - Senior Planner
DATE: June 26, 2017
RE:
Title
P17-14F The rezoning of property from SF-10 - Single Family to OI - Office and Institutional Zoning, located at 1455 Bingham Drive near the intersection of Bingham and Crestwood and being the property of Tarek Gayed.
end
COUNCIL DISTRICT(S):
Council District(s)
6
b
Relationship To Strategic Plan:
Growth and Development
Executive Summary:
The owner of this property wishes to rezone to OI - Office and Institutional to construct a medical office.
Background:
The property in question sits on the east side of Bingham Drive near the intersection of Bingham and Crestwood. Since 2008 there have been three attempts at rezoning property along Bingham Drive; two were contrary to the City’s Land Use Plan and were denied. City Councils in the past have cited a desire to maintain Bingham Drive as a primarily residential road.
Applicant: Tarek Gayed
Requested Action: SF-10 to OI
Property Address: 1455 Bingham Drive.
Council District: 6
Status of Property: Undeveloped
Size: 7.61 acres +/-
Adjoining Land Use & Zoning:
North - SF-10 - Single Family Residential
South - SF-10 - Single Family Residential
West - SF-6 - Single Family Residential
East - SF-10 - Single Family Residential
Letters Mailed: 83
Land Use Plan: Low Density Residential
Strategic Plan: 2030 Growth Vision Plan: Policy 9.2: Local governments should BE CAUTIOUS OF REZONING RESIDENTIALLY ZONED LAND to commercial zoning solely because it adjoins a major highway or street. Proper design and/or buffering has shown that land tracts adjoining major streets can be properly developed for residential use.
Additional Reviews:
Technical Review Committee (TRC) - A preliminary review was conducted on this site. There are no plans for the TRC to review at this time.
Issues/Analysis:
The City’s Land Use Plan sets aside certain areas along Bingham Drive specifically for commercial uses. Overall however, the City’s Land Use Plan calls for protecting the residential integrity of the road. All of the uses and zoning surrounding this property are low density residential; because of this, rezoning this property to OI could be considered a spot zoning.
On June 13th the Zoning Commission held a public hearing regarding this case. There were two speakers, one in favor and one neighbor who wished to gather information on the project. This person was neither in favor nor in opposition. The Commission voted 4-1 to recommend approval of the rezoning.
The City staff recommends DENIAL of the rezoning to OI Office and Institutional based on:
1. In years past, the City Council has expressed a desire not to extend commercial development beyond those areas shown as commercial on the City’s Land Use Plan Map.
2. The City’s land use plan calls for low density residential on this property and currently all of the surrounding properties are zoned for this type of use.
3. The rezoning to OI could be considered spot zoning.
The Zoning Commission recommends APPROVAL of the rezoning to OI Office and Institutional based on:
1. The City’s UDO calls for the OI zoning districts to serve as a transitional use to residential development.
2. The adjoining property to the south is a church.
3. The amount of daily traffic along Bingham Drive.
Budget Impact:
This action may result in an increase in City services that would be offset by the increased revenue collected through the City's taxes.
Options:
1) Approval of the rezoning to OI. (recommended Zoning Commission)
2) Approval of the rezoning to a more restrictive district. [SF-6 or MR-5]
3) Denial of the rezoning. (recommended staff)
Recommended Action:
The Zoning Commission recommends that the City Council move to Approve the rezoning to OI - Office and Institutional Zoning District, as presented by the Applicant. The Amendment is consistent with applicable plans because: 1) the City’s UDO calls for the OI zoning district to serve as a transitional district to residential development. and 2) that the uses and zoning surrounding this property are compatible with the proposed zoning since there is a mix in types of residential uses and a church surrounding this property and 3) the proposed zoning is reasonable and in the public interest because the proposed zoning does fit with the character of most of the development in this area.
The City Staff recommends that the City Council move to Deny the rezoning to OI - Office and Institutional Zoning District, as presented by the staff. The Amendment is NOT consistent with applicable plans because: 1) the City’s Land Use plan calls for low density residential on this site and 2) that the uses and zoning surrounding this property are NOT compatible with the proposed zoning and 3) the proposed zoning is NOT reasonable and in the public interest because the proposed zoning could be a more intense service provision use such as medical offices that would NOT fit with the character of most of the development in this area.
Attachments:
Zoning Map
Current Land Use Map
Land Use Plan Map
Application
Site Photos