ITEM NO. 8A:           RS-1 TO RO-1; 0.86 ACRES; A PORTION OF 1045 E. 23RD STREET (PGP)

 

Z-09-44-04:  A request to rezone a tract of land approximately 0.86 acres from RS-1 (Single-Family Residential) District to RO-1 (Residence-Office) District.  The property is a portion of the parcel located at 1045 East 23rd Street (with frontage along E. 24th Street).  Submitted by Landplan Engineering, P.A., for A-Z Enterprises, property owner of record. (This item was deferred from the 12/15/04 Planning Commission meeting.)

 

ITEM NO. 8B:           C-4 & RS-1 TO C-4; 2.55 ACRES; 1045 E. 23RD STREET (PGP)

 

Z-09-45-04: A request to rezone a tract of land approximately 2.55 acres from C-4 (General Commercial) District & RS-1 (Single-Family Residential) District to C-4 (General Commercial) District.  The property is described as being located at 1045 East 23rd Street.  Submitted by Landplan Engineering, P.A., for A-Z Enterprises, property owner of record.  (This item was deferred from the 12/15/04 Planning Commission meeting.)

 

Items 8A & 8B were discussed simultaneously.

 

STAFF PRESENTATION

Mr. Patterson reminder the Commission that this item had been deferred based on the request of area residents in October 2004 and again in December 2004 per the applicant’s request.  The applicant had revised the original request for RO-1 zoning reflected in Item 8A to a request for RM-D zoning, which was possible through the use of the Lesser Change Table.

 

Mr. Patterson explained the rezoning requests were part of the Carpenter Addition No. 2 Final Plat approved on the Consent Agenda previously.  A mobile home park exists as a legal non-conforming use on the property and the applicant intends to eventually remove the trailers on the subject lots.  The site plan for the overall project proposes an office use on Lot 1.

 

Staff recommended approval of both rezonings, subject to the condition listed in the Staff Report.

 

Staff provided comparison information on the potential zoning density of the property with its current RS-1 zoning, with the RS-12 zoning that RS-1 would change to with the new zoning code, and the RM-D zoning now requested.

 

It was established that Staff had received calls from residents of the existing mobile home park when the project was posted in October 2004.  No new calls had been received recently.  It was the applicant’s stated intent that residents of the removed trailers on Lot 1 would be given an opportunity to move to vacant trailers further to the south on Lots 2 & 3.  Lot 3 would be redeveloped as duplexes and the land would need to be replatted into individual lots for each structure.

 

It was verified that the non-conforming use could remain in its existing state until redevelopment occurred.

 

Comm. Erickson asked if other area residents supported or opposed the proposal.  Staff said some residents might be present to speak in the public hearing.

 

Comm. Burress noted there was no traffic study requirement associated with this project, even though it would significantly increase the density of the area.  Mr. Patterson said the local collector was built to adequately handle the amount of traffic generated by this proposal.  He noted several access restrictions applied to the plat.

 

APPLICANT PRESENTATION

C.L. Maurer, Landplan Engineering, spoke on behalf of the property owner.  He said the applicant met with the neighborhood in December 2004.   The area residents had expressed a preference for single-family or duplex development in the northern section of the subject property.  The applicant responded by revising their request to RM-D zoning to accommodate duplex uses.  Mr. Maurer said some residents might prefer single-family zoning, but this would not conform to the adjacent zoning.

 

Mr. Maurer showed how a detention pond would form a barrier between the proposed C-4 area and the residential development to the south.

 

PUBLIC COMMENT

No member of the public spoke on this item.

 

CLOSING COMMENTS

There were no closing comments from the applicant or Staff.

 

COMMISSION DISCUSSION

The Commission had no additional comments or questions.

 

ACTIONS TAKEN

Item 8A

Motioned by Comm. Angino, seconded by Comm. Eichhorn to approve the rezoning of 0.86 acres from RS-1 to RM-D and forward it to the City Commission with a recommendation for approval, based on the Lesser Change Table and the findings of fact provided in the Staff Report.  Approval was subject to the following condition:

 

1.      Approval and filing of a final plat at the Register of Deeds Office.

 

          Motion carried unanimously, 9-0, with Student Comm. Brown voting in favor.

 

 

 

 

 

 

 

Item 8B

Motioned by Comm. Angino, seconded by Comm. Eichhorn to approve the rezoning of 2.55 acres from C-4 & RS-1 to C-4 and forward it to the City Commission with a recommendation for approval, based on the findings of fact presented in the body of the Staff Report and subject to the following condition:

 

1.      Approval and filing of a final plat at the Register of Deeds Office.

 

          Motion carried unanimously, 9-0, with Student Comm. Brown voting in favor.

 

 

The Chair called a 3-minute recess.  Meeting reconvened at 7:35 p.m.