TO: Mayor and Members of City Council
THRU: Telly C. Whitfield, Ph.D. - Assistant City Manager
Dr. Gerald Newton, AICP - Development Services Director
Jennifer C. Baptiste, CZO - Planning and Zoning Division Manager
FROM: Craig M. Harmon, CZO - Planner II
DATE: March 28, 2022
RE:
Title
P22-03. Rezoning from Office and Institutional (OI) to Limited Commercial (LC), located at 307 Owen Drive (REID #0416999603000), containing 0.3 acres ± and being the property of Jerome E. Fonke & Carolina L. Fonke.
end
COUNCIL DISTRICT(S):
Council District(s)
5 - Johnny Dawkins
b
Relationship To Strategic Plan:
Strategic Operating Plan FY 2022
Goals 2026
Goal II: Responsive City Government Supporting a Diverse and Viable Economy
• Objective 2.1 - To ensure a diverse City tax base
• Objective 2.4 - To sustain a favorable development climate to encourage business growth.
Goal III: City invested in Today and Tomorrow
• Objective 3.2 - To manage the City's future growth and strategic land use.
• Objective 3.3 - To sustain a favorable development and business climate through timely and accurate construction review and building inspection services
Goal IV: Desirable Place to Live, Work and Recreate
• Objective 4.3 - To improve mobility and connectivity through sidewalk, trail, and bike lane investments
• Objective 4.4 - To provide a clean and beautiful community with increased green spaces
• Objective 4.5 - To ensure a place for people to live in great neighborhoods
Executive Summary:
The applicant is seeking to rezone one lot from OI - Office & Institutional to LC - Limited Commercial. The property in question is one third of an acre.
The LC zoning district is established and intended to accommodate a wider range of moderate-intensity general retail, business, and service uses that serve groups of neighborhoods.
On February 8th, the Zoning Commission held a Legislative Hearing on this case. There was one speaker in favor and none in opposition. The Commission voted 5-0 to recommend approval.
Background:
The property is located at the northeast corner of Owen Drive and Friendly Road. This property currently has one single family detached structure that has been converted into office space, matching the current zoning.
Applicant: Jerome Fonke
Owner: Jordana Leggett, Grant Murray Realestate
Requested Action: OI to LC
Property Address: 307 Owen Dr
Council District: 5 - Johnny Dawkins
Status of Property: Single Family Detached House
Size: 0.3 acres or 13,068 square feet ±
Adjoining Land Use & Zoning:
• North: OI - Office
• South: OI - Office
• East: SF-10 - Single Family Housing
• West: LC - Commercial
Letters Mailed: 54
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 Community Center (CC).
Community Center is best described as 150,000-400,000sqft nonresidential leasable space. Vertically mixed uses (3-5 stories). Ground floors mainly nonresidential, upper floors office (or maybe residential). High density residential and multi-family inter-mixed. Single family on edges.
Issues/Analysis:
History:
According to the County tax records, the building was constructed in 1958 and this parcel was last purchased in 2008. It is currently developed with one single-family detached unit that has been converted into an office.
Surrounding Area:
The site is mainly surrounded by other commercial and office uses and zoning. However, there Single Family Residential - 10 along the east side of the property.
Rezoning Request:
The applicant is requesting to rezone an area currently zoned Office and Institutional (OI) to Limited Commercial (LC) which would allow the development of commercial, office and multi-family.
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 straight zoning from Office and Institutional (OI) to Limited Commercial (LC).
The LC District is established and intended to accommodate a wider range of moderate-intensity general retail, business, and service uses that serve groups of neighborhoods instead of just an individual neighborhood-e.g., grocery stores, drugstores, large restaurants, gas stations, and higher order retail uses like specialty stores. The district is not intended to accommodate intensive commercial or other business uses. Residential uses are encouraged on the upper floors of nonresidential establishments. The district is subject to standards intended to ensure development is compatible with surrounding residential neighborhoods.
The proposed zoning district is compatible with the area, as this district requires lots in keeping with the City’s Future Land Use Plan. This rezoning would not present the issue of spot-zoning.
The reclassification of land to a straight zoning district allows all of the uses that are shown on the attached Use Table taken from the UDO. The City Council 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 Future Land Use Map & Plan, this area is recommended to be developed Community Center (CC). Community Center (CC) is best described as 150,000-400,000sqft nonresidential leasable space. Vertically mixed uses (3-5 stories). Ground floors mainly nonresidential, upper floors office (or maybe residential). High density residential and multi-family inter-mixed. Single family on edges.
Consistency and Reasonableness Statements:
The Future Land Use Plan also sets forth written goals, policies, and strategies. This application looks to follow the City’s strategic, compatible growth strategies by meeting the goals of the Land Use Plan found on the attached Consistency and Reasonableness form.
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. Council moves to approve the map amendment to LC (recommended);
2. Council moves to approve the map amendment to a more restrictive zoning district; or
3. Council moves to deny the map amendment request.
Recommended Action:
The Zoning Commission and Professional Planning Staff recommend that the City Council move to APPROVE of the map amendment to LC based on the following:
• The proposed zoning map amendment implements the policies adopted in the Future Land Use Plan (FLUP), and those policies found in the Unified Development Ordinance (UDO). The Future Land Use Plan calls for the subject property to be developed as Community Center which is described as 150,000-400,000sqft nonresidential leasable space. Vertically mixed uses (3-5 stories). Ground floors mainly nonresidential, upper floors office (or maybe residential). High density residential and multi-family inter-mixed. Single family on edges.
• The uses permitted by the proposed change in zoning district classification and standards apply to such use and will be 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 Statements