ORD 2022-026 amending offical zone map of city case no. ZC-22-09

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illlw ?Y .. CM to LI 2500BLK N IH 35,.,t:q ZC-22-09 Whisper South Light Industrial History The site is part of the Whisper South development and Public Improvement District (PID-87R); although it was not included within the Whisper South Development Agreement (Ord 2021-142). The site was zoned to CM Commercial (previously EC Employment Center) on October 10th, 2021(Ord 2021-81/ZC-21-14). The applicant is requesting a more intense zoning district that does not have the site design and layout requirements of CM, which include a restriction on parking in front of the building, and a "Build to zone" requirement that 50% of the building fagade be along the primary street. It is understood that the applicant intends to develop the property for warehouse and distribution — this is currently a "conditional use" under CM and is permitted by right under Light Industrial. Additional Analysis Although the site is located on the 1-35 frontage road, it is also immediately adjacent a residential area (manufactured home rental community) and so care should be taken to avoid by right uses (shown as "P" on the Land Use Matrix) that may negatively impact those residents. The proposed warehouse and distribution use may be mitigated by the required minimum 20' transitional protective yard set out in Section 7.2.2.2 of the City's Code, however there are a few other uses permitted by right in Light Industrial which have the potential to impact the quality of life of the adjacent manufactured home rental community, such as Waste Related Services (which include landfills, animal waste processing, and waste incineration). Food and beverage processing is also permitted by right under Light Industrial, which, in limited circumstances, can produce unpleasant odors and could impact adjacent residences to the north. Analysis of Less Intense Zoning District Option (HC-Heavy Commercial) Per Section 2.5.13 B of the Code, the Council may, subject to the consent of the owner, approve a less intense zoning district other than the one officially requested by the applicant. An alternative, less intense zoning district of HC "Heavy Commercial" (as determined by Table 2.3 of the Code) was discussed with the applicant, and it is understood that this would also allow them to develop under their intended use (warehouse and distribution is also permitted by right under HC and there are fewer site layout restrictions than CM). HC zoning is generally considered to be more appropriate than LI in this area because industrial uses such as food and beverage processing are not permitted by right, and the HC zoning would allow for a range of commercial uses that could serve the adjacent residents. However, staff are not proposing HC zoning as an alternative at this time because Waste Related Services would still be permitted by right under this district. Comments from Other Departments Police No Comment Fire No Comment Public Services No Comment Engineering No Comment 4