Previous Item Print Next Item

May 27, 2021 City Council Regular Meeting
29. Petition of Shammy and Shimei Magabo (Owner) to Amend the Zoning Map for 5501 Montgomery Street (PIN 20129 06006) from RSF-6 (Residential Single-Family-6000 SF) to BL (Limited Business). Aldermanic District #5. File No. 21-001901-ZA.
Strategic Priority
Good Government

Shammy and Shimei Magabo (Property Owner and Petitioner) are requesting approval of a rezoning map amendment for 5501 Montgomery Street (PIN 20129 06006) from the current RSF-6 (Residential Single Family-6) zoning classification to the B-N (Neighborhood Business) zoning classification. The subject property is located on the southern side of Birchfield Drive near the intersection of Birchfield Drive and Montgomery Street in the Poplar Place/University Place Neighborhood. The subject property was developed with a single-family house that has operated as a hair salon for more than 15 years.

Prior to the City-wide rezoning in 2019, the subject property was zoned as commercial property under the previous zoning classification B-H (Highway Business). The property owner also owns the two adjacent properties to the east near Montgomery Street. These two properties were zoned B-H prior to the citywide rezoning, and they retained a commercial zoning designation of B-N under the citywide rezoning.

The subject property is in the area where the proposed road expansion for DeRenne Avenue will take place. This property does not appear to be one of the potential properties impacted by this project.

The initial request from the petitioner was for B-N zoning district which provides for limited commercial opportunities in a walkable environment and to reduce or prevent impacts on adjacent or nearby residential uses. Uses in this district are intended to be located primarily on collector or arterial streets within convenient traveling distance from neighborhoods which they will serve.

During the review of the application, MPC staff recommended rezoning of the property to the B-L zoning district which is established to accommodate a variety of residential uses and a limited range of small-scale, neighborhood-oriented commercial and nonresidential uses together within the same district. This district is intended to be used in conjunction with nearby or adjacent residential districts to create sustainable neighborhoods with convenient access to neighborhood-serving commercial uses. With the B-L designation, the existing barber shop would be a conforming use while also allowing for a limited range of small-scale neighborhood-oriented commerical and nonresidential uses appropriate for the parcel's location. The petitioner agrees with this recommendation. 


The Planning Commission recommended denial of the request from the petitioner to rezone 5501 Montgomery Street (PIN 20129 06006) from RSF-6 (Residential Single Family-6) zoning classification to B-N (Neighborhood Business) zoning classification.

The Planning Commission recommended approval of the zoning map amendment for 5501 Montgomery Street (PIN 20129 06006) from the RSF-6 (Residential Single Family-6) zoning classification to B-L (Business Limited) zoning classification.

Bridget Lidy, Planning and Urban Design
Financial Impact
Review Comments
MPC Recommendation Packet - 5501 Montgomery Street )
Maps - 5501 Montgomery Street
Draft Ordinance - 5501 Montgomery Street
Agenda Plus