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TO: Honorable Mayor and Members of the Common Council FROM: Mark Lyons, Planning Services Manager DATE: July 23, 2024 SUBJECT: Ord 24-437 Approve Zone Change from Single Family Residential-9 District (SR-9) to Institutional District with a Planned Development Overlay (I-PD) for Property at 600 Merritt Avenue (Plan Commission Recommends Approval) (Applicant Requests Waiving the Rules and Adopting on First Reading)

BACKGROUND

The subject site is a 2.51-acre property with frontage on Merritt Avenue, Boyd Street, and Monroe Street. The site has a six-story apartment building (Marian Manor) with 121 living units. The surrounding area consists primarily of residential uses along with the Boys and Girls Club to the west and St. Mary’s Church to the south. The 2040 Comprehensive Land Use Plan recommends Light Density Residential use for the subject site.

ANALYSIS

The applicant is requesting a zone change from the existing Single Family Residential - 9 District (SR-9) designation to Institutional District with a Development Overlay (I-PD) for the subject property. The requested Planned Development Overlay designation is intended to allow for flexibility in the zoning ordinance to allow for expansion of the existing legal nonconforming use. The existing multi-family use is not permitted in the SR-9 District. The applicant has submitted plans for six additional apartment units within the existing building. The applicant is requesting Planned Development approval to allow expansion of the existing legal nonconforming use, which will be addressed as a General Development Plan (GDP) and Specific Implementation Plan (SIP) review to follow. Staff is supportive of the proposed rezone as it will be consistent with I-PD zoning of neighboring properties to the south and west. The 2040 Comprehensive Land Use Plan has the property slated for Light Density Residential Use. However, the Comprehensive Plan is not intended to be parcel-specific and the proposed rezone is consistent with the established use of the property as well as neighboring land uses. The Planned Development Overlay will allow for changes and improvements to the site as it is currently a legal nonconforming site. The applicant is requesting that Common Council waive the rules and adopt on first reading. The applicant states that waiting for the second reading on August 14, 2024, would cause a delay in their desired construction start date, as they cannot move forward with signing necessary contracts prior to approval from the Common Council. A letter from the applicant requesting the rules be waived is included in the meeting packet.

RECOMMENDATION

The Plan Commission recommended approval of the requested zone change for the property located at 600 Merritt Avenue on July 16, 2024. Please see the attached staff report and meeting minutes for more information.

Attachments Ord 24-437 REZONE GDP SIP 600 Merritt Ave

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