The Mayor and Aldermen approved this rezoning request (File No. 17-002666-ZA) and the general development plan (File No. 17-003709-PLAN) following a zoning hearing at the City Council Meeting on July 20, 2017.  This action being considered now is the approval of the ordinance for the rezoning of 1204 and 1206 East Broad Street from P-R-4 to RIP-B and the associated general development plan.

Roy Ogletree, Petitioner (File No. 17-002666-ZA), is requesting approval of a rezoning map amendment for 0.11 acres located at 1204 and 1206 East Broad Street from a P-R-4 (Planned, four-family residential) zoning classification to an RIP-B (Residential, medium density) zoning classification applying the “unusual or extraordinary” provision of Sec. 8-3031(D)(1)(a). This provision allows the Mayor and Aldermen to approve any uses and establish special conditions or development standards to ensure that the proposed district will be compatible with the surrounding neighborhood. The general development plan (File No. 17-003709-PLAN) is attached.

The petitioner is requesting the RIP-B zone to demolish a vacant townhome development and construct a two-story, four-family residential (Use 2b) structure with associated parking. Given the small size of the site under the existing P-R-4 zoning classification, the petitioner has limited opportunity to support new development. The R-4 district maintains development standards which are typically more restrictive especially with minimum density and setback requirements. The proposed RIP-B district would allow for greater flexibility in site layout and building design for this small site.  

On June 27, 2017, the Planning Commission voted to recommend approval of the requested rezoning classification from P-R-4 to RIP-B, applying the “unusual or extraordinary” provision of Sec. 8-3031(D)(1)(a) and including the conditions provided below.

1. A general development plan (File No. 17-003709-PLAN) shall be submitted to and approved by the Mayor and Aldermen as part of the rezoning approval per the “unusual and extraordinary” provision of Sec. 8-3031(D)(1)(a).

2. A subdivision plat to recombine 1204 and 1206 East Broad Street is submitted and approved by the MPC.

3. The following uses, which are permitted within an RIP-B district, shall not be permitted on the subject property: 1) Rooming and boarding houses (Use 9); 2) College dormitories (Use 13); 3) Short-term vacation rentals (Use 14a); and, 4) Restaurants, sit-down, including the serving of malt beer, wine, and other alcoholic beverages (Use 65a).

4. If the residential units are to be rented/leased, they are to be rented/leased per dwelling unit.

5. A maximum height development standard of 40 feet shall apply.

6. Any proposed structure elevations regarding height and design must be approved by the MPC.

7. Significant changes to the approved General Development Plan must be approved by the Metropolitan Planning Commission and the Mayor and Aldermen.

8. The general development plan (File No. 17-003709-PLAN) must be approved by all City review departments including the City Engineer.

Approval

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