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b.
City Zoning Commission
Meeting Date:
03/06/2018
SUBJECT
Zone Change 963- 4130 State Avenue
THROUGH:
Monica Plecker
PRESENTED BY:
Karen Husman

Information

REQUEST

City Zone Change 963 – 4130 State Avenue – R-96 to NC – A zone change request from Residential 9,600 (R-96) to Neighborhood Commercial (NC) on the easterly 195.83 feet of that part of Lot 2 of the Subdivision of Section 9, Township 1 South, Range 26 East, a 24,643 square foot parcel of land. A pre-application neighborhood meeting was held on January 29, 2018, at the Southside Community Center, 901 S 30th Street.  Presented by Karen Husman, Planner I

RECOMMENDATION

Planning staff recommends approval and adoption of the findings of the 10 criteria for Zone Change 963.

APPLICATION DATA

OWNER: Guy C. Romero
 AGENT: Sanderson Stewart
 LEGAL DESCRIPTION: the easterly 195.83 feet of that part of Lot 2 of the Subdivision of Section 9, Township 1 South, Range 26 East
 ADDRESS: 4130 State Avenue
 CURRENT ZONING: Residential 9,600 (R-96)
 EXISTING LAND USE: Residential
 PROPOSED USE: Unknown; Neighborhood Commercial (NC)
 SIZE OF PARCEL: 24,643 Sf

CONCURRENT APPLICATIONS

None

APPLICABLE ZONING HISTORY

Subject Property: Zone Change 790 to change the zoning on the western 110 feet from R-96 to NC was approved in October 2006. This portion of the property was developed for a seasonal restaurant. This restaurant has since been abandoned. 

Surrounding Property: In 1979, a zone change from R-96 to NC was granted for Lot 1 of Conitz Subdivision. This property is now developed for the Family Dollar Store at 4188 State Avenue and the Ace Hardware Store at 4180 State Avenue. Zone Change 290 for 4106 State Avenue was granted in 1980 to change from R-60 to NC. This zone change was for the development of a convenience store and gas station at the intersection of State and Jackson Street. Zone Change 869 was granted in 2010 from Public to R-60 on 412 Hallowell Lane to allow an existing two-family dwelling to be in conformance with zoning.

SURROUNDING LAND USE & ZONING

NORTH: Zoning: R-60
Land Use: Single family residential
SOUTH: Zoning: R-96
Land Use:  Single family residential
EAST: Zoning: R-60
Land Use: Single family residential
WEST: Zoning: NC
Land Use: Vacant (former restaurant), King's Ace Hardware & Family Dollar

BACKGROUND

This is an application to change the current zoning of Residential 9,600 (R-96) to Neighborhood Commercial (NC) on the easterly 195.83 feet of the parcel.  The west portion of the property is currently zoned NC and was used for a seasonal restaurant.  The proposed zone change would allow for consistent zoning of NC along State Avenue between the intersections of Hallowell Lane and Van Buren Street.  The applicant intends to remove the existing building and clean up the property, adding a fence along the southern property line.   The applicant, Skip King, is under contract to purchase the property, although they have no immediate plans to further develop the property. The current proposal is to clean up the property to make it safer and more attractive for commercial uses in the future.

The property to the north and east is R-60 and has developed as single-family homes. The property to the south is zoned R-96 and is low density residential.  The property to the west is currently the King's Ace Hardware and the Family Dollar store.  Uses allowed within the NC zone includes multi-family residences, small retail, business services, restaurants (without the sale of alcoholic beverages), retail sales and similar neighborhood services. Multi-tenant buildings and mixed use developments are allowed but each commercial "use" within a property in the NC zone is limited to 10,000 square feet or less in floor area. 

RECOMMENDATION

The Planning staff has reviewed the application for Zone Change #963 and is recommending approval based on the findings of the 10 review criteria. The proposed zoning and use of the property is compatible with the adjacent and surrounding land uses. The 2016 Growth Policy supports the proposed zoning and use in this area of mixed uses and zoning. 

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