Ord 2009-045 - Laserfiche WebLink

Home Browse Search

Planning Department Analysis: The applicant is requesting a zoning change for 0.3339 acres, more or less, from CC to CBA (Central Business Area). The applicant is requesting this change in order to provide a contiguous border from the CBA to 101 S. Edward Gary. The subject property is located adjacent to the Central Business Area and is surrounded by a variety uses including professional offices, restaurants, multi-family, and light retail. Additionally, the property is located in the area identified in the Downtown Master Plan as an Entertainment Village and Transit Hub. Currently the property is used as a parking lot for employees of Wells Fargo Bank and has approximately 40 parking spaces. The applicant is currently proposing not to change the use of the subject property but rather enter into a shared parking agreement with Wells Fargo to provide parking for 101 S. Edward Gary (a zoning request for this property is being heard at the same meeting as this zoning case). Due to the parking restraints of 101 S. Edward Gary (formerly Stewards Hardware) the CBA district is being requested so that the development of the property is not required to meet the parking requirements outlined in the Land Development Code. However, 101 S. Edward Gary currently does not have contiguity to the CBA and therefore requires 119 S. Edward Gary to be rezoned to CBA as well. While it maybe the current intent of the applicant and the property owner not develop the property, staff has the following significant concerns: • Entitling a property to the development standards( in particular the parking standards) permitted the Central Business Area without a plan for development; • Expansion of the CBA and the possibility of setting a precedent that can later be used by others to add more property into the CBA in an attempt to remove development standards. The Section 1.5.1.5 of the Land Development Code establishes guidance criteria for use by the Planning and Zoning Commission to evaluate zoning changes. The consistency of this proposed change to the criteria is summarized below: Evaluation Consistent [ Inconsistent Criteria (LDC 1.5.1.5) Change implements the policies of the adopted Master Plan, including the land use classification on the Future Land Use Map and any incorporated sector plan maps X While the Downtown Master Plan and the Horizons Master Plan call for additional off-street parking there is no way of assuring that this property will not be developed and therefore remove the parking that is currently in lace. Consistency with any development agreement in effect No development agreements are in effect for this ro ert. Whether the uses permitted by the proposed change and the standards applicable to such uses will be appropriate in the immediate area of the land to be reclassified X While the uses permitted by the proposed change appear to be appropriate in the immediate area to be reclassified', staff believes that removing the parking standards in their entirety from the subject roperty is not appropriate for this area. Whether the proposed change is in accord with any existing or proposed plans for providing public schools, streets, water supply, sanitary sewers, and other public X services and utilities to the area The proposed change will remove all off-street parking requirements for any use the property may be developed into. Therefore the proposed change could have a substantial effect on the current downtown arkin challen es and future deveio ment in the area. • u Page 2 of 3