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April 11, 2019 City Council Regular Meeting (Held at the Cultural Arts Center, 201 Montgomery Street)
Title
24. Motion to Deny the Request to Rezone 2007 Alaska Street from R-B-1 to B-N (Petitioner: Thomas Cribbs)
Strategic Priority
Economic Strength And Poverty Reduction
Description

Thomas Cribbs, Petitioner (File No. 19-000414-ZA) is requesting to rezone 2007 Alaska Street from R-B-1 (Residential Business 1) to B-N (Neighborhood Business). The property is currently improved with a 1-story commercial building. The petitioner operates a moped/scooter shop on the property, which is not permitted in the R-B-1 Zoning District. This request is an attempt to become compliant through rezoning.

The existing and proposed zoning districts are reasonably compatible, though they differ in allowing residential uses.  The current R-B-1 Zoning District permits the full range of residential forms, while the proposed B-N Zoning District is an exclusively commercial classification.  Among the uses that would be newly allowed in B-N, many with the greatest potential for adverse impacts such as nightclubs, package stores, restaurants serving alcohol and fuel stations are subject to special use review by the ZBA and are unlikely to be approved.  Development standards for R-B-1 and B-N are generally consistent for nonresidential uses.  Since the existing structure covers nearly its entire lot, the proposed B-N Zoning District would help bring the property into conformance.

The proposed zoning is not consistent with the Tri-Centennial Comprehensive Plan's Future Land Use Map.  However, the Future Land Use Map does not accurately reflect the existing commercial buildings in this area that front Pennsylvania Avenue as they are classified as Residential - Suburban Single Family.  Additionally, the proposed B-N Zoning District is consistent with the proposed NewZO Zoning District, which is very close to the proposed B-N Zoning District.

A Stop Work Order was posted on June 10, 2016 because work was performed (new garage doors, exterior sheathing, and framing) without the benefit of a permit.  Permit No. 16-06438-BC was issued, but never completed, so it is expired.  Business Location Approval (BLA) No. 17-006157 was denied on November 2, 2017 for the proposed Vehicle Repair and Audio business because it was not permitted in the R-B-1 Zoning District.  Code Compliance received a complaint in December 2018.  BLA No. 19-000396 was submitted and denied this year.

On March 12, 2019, the Planning Commission voted to recommend denial of the petition to rezone the subject properties from a R-B-1 Zoning District to a B-N Zoning District.

Recommendation

Amend the Motion to Approve the Rezone Request

Contact
Bridget Lidy, Director of Planning & Urban Design
Financial Impact
N/A
Review Comments
Attachments
Exhibit 1: Planning Commission Recommendation - 2007 Alaska St.pdf
Exhibit 2: Aerial Map - 2007 Alaska St.pdf
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