12a. Amendment to Future Land Use Map, 73A Jeanette Street/221 Veterans Parkway, 12.2 acres, from high density residential use to general commercial
12b. Rezoning Request, Helen V. McConnaughey, 73A Jeanette Street/221 Veterans Parkway, 12.2 acres, from R-5M to C-3
Mr. Mosley reported for the Amendment to the Future Land Use Map:
The applicant is proposing to rezone the property located on the east side of Veterans Parkway from R-5M to C-3. This would allow general commercial uses including some of the outdoor uses such as contractor office with storage yard. A redesignation of the future land use map from mobile home park designation to general commercial would be consistent with the recommendation for approval of such request.
The
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Should the Planning Commission wish to consider a general commercial designation they would need to look at the zoning and uses associated with this zone and determine if they deem it appropriate. Additionally, the Planning Commission could not make a change to this zone without considering similar properties in this area. This would mean rezoning much of the property along at least the east side of Veterans Parkway.
Amendment to the Future Land Use Map Staff Recommendation:
Staff supports the transition of the property to a commercial land use and zoning. The more appropriate designation based on the surrounding uses is the light commercial / C-2 designation. A modification of the future land use map from mobile home to general commercial would not be consistent with the surrounding properties. A designation change like this would need to be more encompassing and include additional properties. For this reason, staff cannot wholly support the designation change from mobile home park to general commercial.
Rezoning:
The applicant is requesting rezoning 12.2 acre property located on the east side of Veterans Parkway from an R-5M zone to a C-3 (general commercial) zoning district. As previously stated, the subject property is surrounded by both on active and vacant mobile home parks. The nature of Veterans Parkway does support a more commercial zoning
Clear identification of the location of construction and areas proposed to be disturbed and their relation to property lines, buildings, roads, and waterbodies within one hundred (100) feet.
The Iowa City Zoning Code was designed to be developed together with the Iowa City Comprehensive Plan; the goal is to stimulate the progress of a better quality of life for the population. Moreover, the regulations cover the provisions of the law for land use control in Iowa City. The document regulates the land use authorization for each of the zones and details the specific areas outlined in Iowa City. There are many land use area in the Iowa City Zoning Ordinance, as shown in Map 1 (Appendix C). However, this document will cover the use of residential land and will explain three of them: the Low-Density Single-Family Residential Zone (RS-5), Medium Density Multi-Family Residential Zone (RM-20), and Neighborhood Stabilization Residential
After enactment of zoning by-law any new by-law application will be investigate and apply by City’s Chief Building Official and Committee of adjustment.
First, rezoning action is quasi-judicial in nature, subject to strict scrutiny on certiorari review. Second, a landowner who demonstrates that proposed use of the property is consistent with comprehensive plan is not presumptively entitled to such use. Third, a landowner seeking to rezone a property has burden of proving that proposal is consistent with the comprehensive plan, and consequently burden shifts to the zoning board to demonstrate legitimate public purpose of maintaining existing zoning classification. Finally, the board is not
Over a period of two years the developer was able to acquire sufficient real state to cross the threshold needed to qualify for SAP- Special Area Planning Zoning. It allowed them more flexibility on the open space requirements and density limits. Also, the special zoning allowed an arrangement with the local government to integrate the Eighth Street Metromover Station into the complex.
Board of Appeals of Worcester, 340 Mass.748, 753. Accordingly, the court ultimately reversed the decree granting the zoning variance tothe gas station.In order for Client to be granted a permit variance to build a gas station in a commercial officespace zone, he must meet each of the 40A, § 10 statutory requirements. Grenon v.Commonwealth, (2004) Mass. Super. LEXIS 176.In Shacka v. Board of Appeals, the Massachusetts Supreme Court reversed a zoning variancegranted to a gas station owner when it determined there were no facts to support a hardshipexisted. The court stated “if there is occasion to change the uses permitted on this and otherland in the area, because of the general effect of the shift to business, that is for the town toconsider by way of amendment.” Similarly under the client’s circumstances, a court would findan amendment more appropriate in addressing his concerns of an overage of commercial officespace and need for a gas station. (1961) 341 Mass. 593.Client has no hardship related to his request for a zoning variance and thus would not qualifyfor one. Simply because Client believes a gas station is needed in the area, and that officespace is too plentiful, in no way meets the zoning statutory requirements of 40A, § 10.In summary, Client has no legal basis to request a zoning variance in not meeting the 40A, §10 statutory
If the lot you want to build on is not properly zoned for your proposed development, you must obtain the proper zoning by filing an application for a zoning change. The process takes approximately 12 weeks and includes two public hearings. If you would like to file for a zoning change, it is recommended that you make an appointment with a planner before coming into the office. Call (214) 670-4209 to make an appointment or for more information regarding the rezoning process.
A small parcel of land, part of the original property belonging to the Yountville Veterans’ Home, remained on the east side of State Road 29. The Veteran’s Home expressed an interest in providing the deed to this parcel of land to the Town of Yountville as long as the land was for use by the community and not sold for profit. The Town desired to create a park that was welcoming and connected the entrances to the Town of Yountville and the Veterans’ Home because they were
When looking into the history of the building and the surrounding buildings to find out the past they noticed that the property right next door had historical value. This meant it could not be broken down at any point in the future. The land already had specific zoning and ordinances that did not allow them to build the mixed use type of building that they wanted. They then looked to get the zoning changed from a C-2 zoning to a C-3 zoning, which would then allow them to be able to build what they were hoping to build. A C-2 zoning better known as a neighborhood business, permits the uses of C-1 zoning uses, rentals, outdoor advertising, and the building of different forms of shops. The major difference between these zonings is the maximum height limit allowed for the owners of the properties to build. With a C-2 zoning, the maximum height limit for the building is thirty-five feet, or as provided in community standards district. On the other hand, a C-3 zoning allows the height limit to be thirteen times the buildable area (except as otherwise provided in community standards). This distinction in zonings made it imperative for my family to be able to get their zoning change passed for their project. After speaking with the city about this and filing certain motions to change the zoning, the city requested the creation of residential space instead of
It is so moved, in consideration for an amended easement agreement to allow Colonial Square to continue historical operations on the easement of Ann Arbor Housing Commission, Colonial Square will enter into an License Agreement to perform limited grounds maintenance and landscaping on the Ann Arbor Housing Commision
Positioned in eastern Tallahassee off the Apalachee Parkway, it offers an ideal location that is in close proximity to shopping centers, the Capitol, and within walking distance of both Lincoln High School and Swift Creek Middle School. Of greatest importance to this proposal, it borders the Lafayette Heritage Trail Park, which features two trails, one that heads east and follows the edge of Piney-Z Lake and one that heads west that leads to Tom Brown Park following the Upper Lake Lafayette. So our “neighborhood” will be a triangle of land that spans from Piney Z to Lafayette Heritage Trail Park to Tom Brown Park and for the sake of this proposal, we will call it the “Lafayette Neighborhood.” We chose this neighborhood because we feel, due to its location, it’s a prime spot to invest in the promotion of healthy living through a variety of outlets stemming from the trails that link to the numerous amenities of Tom Brown
Please think hard about what I have written, as change is mandatory and no less than the best will be tolerated. All Area on Aging procedures, documents, etc. will no longer be allowed. All work will be performed as designated and outlined in the Texarkana Arkansas Housing Authorities Administrative Plan.
“Yes sir I understand but we have to make these changes if you want to pass city regulations. My team will be out there first thing Monday morning. I guarantee you this job will be done before the
The Wing Snack is requesting a Zoning Change for the property located at 2540 Desire Street. Under the old zoning ordinance this property was zoned B1-A Neighborhood Business but recently the property was rezoned HU-RD2 Historic Urban Two-Family Residential District. The Wing Snack would like to establish themselves as a standard restaurant and obtain a license to sell alcohol for on-premises consumption. A Zoning Change from HU-RD2 to HU-B1 Neighborhood Business District would allow the Wing Snack to operate at a standard restaurant and serve alcohol for on-premises consumption.”
Your Planning Commission (PC) publicly hears rezoning proposals, considering their long-term effects. Your property is surrounded by Agricultural Zones with Multiple Family Housing across the street. Rezoning to a General Business District would create an unconnected zone called a “spot zone.” This is the allowance of a more “intensive” use of land than your neighbors. While your karate studio may not be bothersome, a zoning change is permanent, meaning your site could become far more intensive in the future and may disrupt your neighbors. It is unlikely the township will favor this option. You could possibly sue. The courts utilize a comprehensive plan, which Lake Township lacks, to judge the legality of the “spot zone.” However, rezoning is still inadvisable since the new zone will compound problems by making your residence a “non-conforming” use. Your house would be “grandfathered in,” meaning you could continue using it, but a non-conforming use cannot expand, change, or significantly improve. . Perhaps the best argument is, a likelier and less intensive route