TO: Mayor and Members of City Council
THRU: Kelly Olivera - Assistant City Manager
Dr. Gerald Newton, AICP - Development Services Director
FROM: Will Deaton, AICP - Planning & Zoning Manager
Heather Eckhardt, CZO - Planner II
DATE: December 12, 2023
RE:
Title
P23-55. Conditional rezoning from Community Commercial (CC) to Light Industrial Conditional Zoning (LI/CZ) located at 716 Whitfield Street (REID 0436183799000) totaling 2.43 acres ± and being the property of Food Properties LLC.
end
COUNCIL DISTRICT(S):
Council District(s)
2 - Malik Davis
b
Relationship To Strategic Plan:
Strategic Operating Plan FY 2022
Goals 2027
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.
Executive Summary:
The applicant is seeking to rezone 716 Whitfield Street from Community Commercial (CC) to Light Industrial Conditional Zoning (LI/CZ). Vanguard Culinary Group is located on the subject property and the rezoning is intended to bring the use and the setbacks of the property into compliance.
The Zoning Commission held a legislative hearing on December 12, 2023. There was one speaker in favor and none in opposition. The Zoning Commission voted unanimously to recommend approval of the rezoning request.
Background:
Applicant: Jenkins Consulting Engineers, PA
Owner: Food Properties, LLC
Requested Action: CC to LI/CZ
REID #: 0436183799000
Council District: 2 - Malik Davis
Status of Property: Industrial food packaging
Size: 2.43 acres
Adjoining Land Use & Zoning:
• North: SF-6, MR-5, & LI - Single-family dwellings, vacant land, and railroad track
• South: CC - Vacant land and contractor supply
• East: SF-6 & HI - Single family dwellings, vacant land, and automotive repair
• West: LI - Vacant land and moving company warehouse
Annual Average Daily Traffic: Robeson Street: 30,500 (2021)
Letters Mailed: 72
Additional Reviews: This project was reviewed by the Technical Review Committee and standard comments were provided.
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 Industrial/Employment Center (EC). Industrial/Employment Center calls for high intensity nonresidential uses with high impact or likelihood for nuisance.
Issues/Analysis:
History:
The subject property was annexed into the city in 1958 and subsequently developed in 1976. The site was developed as a cold storage facility and has continued as such until today. The subject property is used for food preparation and packaging of refrigerated and frozen foods. Due to the continued growth of the existing business, there have been multiple additions to the original structure.
Surrounding Area:
The surrounding area is a mixture of vacant land, single-family houses, automotive repair, and industrial warehouses. The existing single-family houses were built in the 1950s. The surrounding commercial and industrial developments began in the 1970s. The area to the immediate north has a few single-family houses and multiple vacant lots. There is a vacant lot and multiple commercial buildings located to the south of the site. To the east and west of the site, there are more vacant lots, warehouses, and commercial businesses.
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.
Conditional Zoning:
The request is to rezone the subject property from Community Commercial (CC) to Light Industrial Conditional Zoning (LI/CZ).
The purpose of the CZ zoning district is “intended to provide a landowner and the City an alternative to rezoning the land to a standard base zoning district, where the base zoning allows certain uses and development that may be appropriate but also allow uses and development that may not conform to City plans or would have adverse impacts on public facilities or surrounding lands. Reclassification of land to a conditional zoning district allows a landowner to propose, and the City Council to consider, additional conditions or restrictions on the range of allowable uses, use standards, development intensities, development standards, and other regulations applicable in the parallel base zoning district. This enables the City to tailor a zoning classification to accommodate desirable development while avoiding or addressing anticipated problems that may arise from development otherwise allowed by the base zoning district.”
Specifics of this Conditional Rezoning:
The only proposed condition is to reduce all required setbacks to one foot. The front yard setback was previously reduced to one foot through the variance process. The use of the site as a cold storage plant is permitted in the LI zoning district.
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 Industrial/Employment Center (EC). Industrial/Employment Center calls for high intensity nonresidential uses with high impact or likelihood for nuisance.
Conclusion:
The subject property and surrounding area were developed long before the adoption of the Unified Development Ordinance. The subject property and surrounding single-family houses have existed in their current locations with little to no issues for many years. The requested rezoning will not only address a currently non-conforming use but will also address any non-conforming setbacks and allow for the future growth of the business and site.
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 amendment to the LI/CZ 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 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 LI/CZ 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 Industrial/Employment Center (EC).
• 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. Site Plan
8. Consistency and Reasonableness Statement
9. Powerpoint