Prepared by
Lisa Briscoe, AIA, Planning
Consultant
Kim Gordanier, Planning Coordinator
Mike Brungardt, P.E., City
Engineer
Thursday, February 17, 2005
I.
GENERAL INFORMATION
A.
Agenda Item: Public hearing
to consider a rezoning from “C-2” Business – General to “O-I” Office - Institutional
district for 2 parcels totaling 40-acres generally located at the Southwest
corner of Lexington Avenue and 91st Street.
B.
City Staff Involved:
Lisa Lassman Briscoe, AIA, Planning Consultant
Kim
Gordanier, Planning Coordinator
Mike Brungardt, P.E. City Engineer
C.
Applicant: Olathe
Medical Center, Inc. (Contract Purchaser)
20333 W. 151st St., Olathe, KS, 66061
D. Application Materials & Exhibits:
o
Rezoning Plan
for Olathe Medical Center De Soto Campus, dated 1/21/05
o
Letter from Chris Herrick,
P.E., Chief of Transportation Planning,
Kansas Dept. of Transportation, dated 2/14/05
- Exhibit A
o
Letter from Jack Deyoe,
Director of Operations, De Soto School
District 232, dated 2/10/05 - Exhibit B
o
Correspondence from Dean
Palos, dated 2/18/05 - Exhibit C
II.
REVIEW OF APPLICATION
Following is a review of the
application materials with respect to the criteria for zoning change found
in the Zoning Regulations, the requirements of the Subdivision Regulations,
and the adequacy of public utilities.
A.
Golden Factors
Matters to be Considered:
In order to recommend approval or disapproval of a proposed zoning
district amendment, the Planning Commission and Governing Body shall determine
whether the amendment is found to be generally compatible with surrounding
development and is in the best interest of the City. In making such determination, the Planning Commission and Governing
Body may consider all factors they deem relevant to the questions of compatibility
and the best interest of the City, including the following:
1.
The character of the neighborhood,
including but not limited to: zoning, existing and approved land use, platting,
density (residential), natural features, and open space.
Existing uses at the subject site are farm/ranch/agricultural uses.
Identical uses are located to the west.
De Soto High School and Starside Elementary School are located to the
north and De Soto Business Park is located to the east.
Kansas Highway 10 abuts the south side of the site.
Single-family uses and vacant land are located on the south side of
the highway. (See Figure 1).
FIGURE 1: EXISTING LAND USE
Existing zoning for the subject site and properties to the east is C-2
(Business - General). C-2 districts
are meant to include commercial uses that are intensive in nature and require
large lots and direct access to major streets.
Properties to the north of the site are zoned O-I (Office – Institutional)
and M-1 (Industrial - Light). Properties
to the west are also zoned M-1. Properties on the south side of Highway K-10 are zoned RUR (Rural).
(See Figure 2).
FIGURE 2: EXISTING ZONING
Uses in C-2 districts require a minimum of 6,000 square feet of lot area.
The subject site consists of 40.25 acres (approximately 1,753,290 square
feet). Properties located to the north, south, and west range from 10-40
acres in area. Properties to the east
of the site are smaller, ranging from 5-10 acres in area. (See Figure 1).
The difference in parcel size may be related to the fact that the properties
located to the north and east of the site are platted and developed while
the subject site and areas to the south and west are not. Newer development includes Intervet located
to the northwest of the site and built within the last 5 years and De Soto
Business Park, which is located to the east and built during the 1990’s. Because the undeveloped areas located adjacent
to 91st Street are served by water, sewer, and close proximity
to Kansas Highway 10, in the future they could be developed to accommodate
the commercial and industrial uses for which they are currently zoned. (See Figure 2).
An existing tributary
located on the east portion of the site provides a small buffer between the
subject site and adjacent commercial development. Two tributaries and vegetative cover provide
a more substantial buffer between the subject site and any future development
to the west. The vegetation may also
help buffer a portion of the proposed development from the view of traffic
traveling eat along Highway K-10. (See
Figure 3).
I
FIGURE 3: NATURAL FEATURES
The finding relating
to whether the use is compatible with the existing neighborhood is therefore
neutral, not in favor of or in opposition to granting the application.
2.
Compatibility of the proposed zoning
and uses permitted therein with the zoning and uses of nearby properties.
O-I (Office – Institutional) zoning is proposed for the site. The intent of the O-I district is to:
Accommodate a broad range of office and
institutional uses, along with a narrow range of retail shopping activities
that are normally found in the core area of the city, as well as moderate-density
townhouse and condominium dwellings; and where development is allowed based
upon a site plan with setbacks averaged by the neighboring district regulations
with off-street parking facilities required of the private development.
The area that immediately surrounds the subject site is zoned with a combination
of C-2, O-I, and M-1 districts. With
regard to the area’s existing zoning districts and uses, many of the uses
allowed within the proposed zoning classification would also be permissible
in the surrounding zoning districts through the approval of development plans
or Special Use Permits. It is therefore concluded that the uses allowed in
the proposed “O-I” district are compatible with other area uses.
The finding relating to the compatibility of the proposed district with
nearby properties is therefore positive, in favor of granting the application.
3.
Suitability of the uses to which the
property has been restricted under its existing zoning.
The site is currently zoned C-2 (Business – General), which is intended
to include intensive commercial uses that have a minimum of 6,000 square feet.
It is within Area 2 of the Comprehensive Plan known as Western De Soto.
With the exception of existing research uses, this area has historically
been projected for residential uses. Through the late 1990’s only limited development [had] taken place
in the area. Since that time, residential,
commercial, and institutional development has taken place in [the area].
The amount of vegetation that occupies the eastern half of the subject
site may have hindered its development. Its
three (3) existing tributaries may also have been a restrictive factor, as
they would need to be accommodated in any proposed development.
Both local and regional access to the site is good. Ninety-first Street, a designated major
arterial on the Major Thoroughfare Plan can be used to access the site
from the north. Lexington Avenue,
also a designated major arterial on the Major Thoroughfare Plan, is
located less than ¼ mile to the east of the site.
Regional access is possible via Kansas Highway 10, which borders the
site’s south boundary.
The commercial uses allowed under the site’s existing zoning are supported
by the future land uses recommended in the Comprehensive Plan and discussed
in Section 12 of this report. It therefore
appears that the property is suitable for development under its existing zoning.
The finding
relating to the suitability of the uses to which the property is restricted
under its existing zoning is therefore negative, not in favor of granting
the application.
4.
Length of time property has remained vacant as zoned.
The subject site is currently undeveloped and has remained so since prior to 1850. When the City’s Zoning Regulations were adopted in 1985, the site and property to the east were zoned C-2. Since that time only the property to the east, the De Soto Business Park, has developed commercially. The subject site has continued to be vacant, which can be partially attributed to the amount of dense vegetation that occupies approximately 40 percent the site as the Johnson County AIMS aerial photography indicates.
The finding
relating to the length of time the property has remained vacant as zoned
is therefore neutral, neither in favor of or against granting the application.
5.
The extent to which there is a need
in the community for the uses allowed in the proposed zoning.
The population
of the City of De Soto has grown 80.21% in the last decade from 2,531 people
in 1990 to 4,561 in 2000. According
to the Kansas Water Office’s population projection model and Mid American
Regional Council’s projections, the population will grow as follows over the
next 20 years:
| Projection |
2000 |
2020 |
Percent Change |
|
Kansas Water Office |
4,561 |
7,422 |
62.72%
|
|
Mid America Regional Council |
4,561 |
6,514 |
42.82% |
These projections
along with an analysis of existing development, service, and lot area were
used to determine the short- and long-term development potential of the City
as outlined in the Comprehensive Plan’s Future Land Use Recommendations and
illustrated on its Future Land Use Map. The map indicates that the subject site should
be developed to accommodate “general commercial” uses. Such commercial uses would include a broad
variety of retail and service uses whether located in centers or in stand
alone buildings. The list of uses
would include but is not limited to retail, financial, box stores and resources. Public/semi-public office and institutional
uses were not originally anticipated for this site, although there is a need
for such uses as the City’s growing population indicates, and described under
the criterion for health, safety and welfare.
The finding
relating to the need for the proposed uses is therefore positive, in favor
of granting the application.
6.
The availability and adequacy of required
utilities and services to serve the uses allowed in the proposed zoning.
These utilities and services include, but are not limited to, sanitary
and storm sewers, water, electrical and gas service, police and fire protection,
schools, parks and recreation facilities and services, and other similar public
facilities and services.
Overall,
the proposed zoning change from the existing C-2 district to the proposed
O-I district would not necessarily result in an increase in infrastructure
demands. The uses allowed in the proposed zoning district, when compared to
the uses allowed in the existing zoning district, do not necessarily create
an increased need for public services.
It is important to note, however, that the review and
approval of any specific development proposal for the 40-acre tract must include
a thorough infrastructure review based on the actual use proposed, and the
expected infrastructure needs of the specific development plan. This infrastructure
review can appropriately take place during the site planning or special use
permitting process.
a)
Sanitary Sewers:
1)
The City’s existing wastewater
treatment plant has a limited capacity to treat additional sewer flows. The
City Council has set a policy that sewer capacity will be preserved for those
developments that have already constructed infrastructure. The remaining capacity
will be allocated on a first-come, first-serve basis. There is currently approximately
30,000 gpd of excess capacity to serve new growth. This equates to approximately
100 single-family residential building permits. The result of the City’s policy
is that building permits could be withheld for any proposed development until
the new facility is on line if the remaining capacity in the existing plant
is consumed by the issuance of other building permits in the City. The City
is moving forward with the design and construction of a new treatment facility.
The new treatment plant is scheduled to be online by the start of 2007.
2)
The subject property has
direct access to an 8-inch public sewer main roughly bisecting the tract.
This main runs from north to south across the tract then turns east along
the K-10 right-of-way line. It then flows eastward along the Kansas Highway
10 right-of-way to Kill Creek, then turns north and eventually empties into
the De Meadows pump station. The Wastewater Master Plan has indicated that
this pump station will require capacity upgrades in the future, as service
areas in the southern portions of the City are expanded. If the development
of the subject tract is one that contributes a significant amount of wastewater
to the system, upgrades to the pump station or sewer collection lines may
be necessary.
b)
Public Water
Supply:
1)
There is currently adequate
public water supply available to the site. An 8-inch main runs within the
91st Street right-of-way. There is a 12-inch main that could be
extended from near the northwest corner of the subject tract if the development
of the property has a high water usage demand.
2)
The City is currently conducting
a water facilities master plan to formulate a direction to meet the long range
water supply needs of the City. Due to issues associated with the City’s attempts
to gain title to water treatment facility on the Sunflower Army Ammunition
Plant, it is not known when this facility’s plan will be complete. The Sunflower
treatment facility currently provides all of the City’s treated water. Although
the treatment capacity of this plant far exceeds the current peak demands
of the City, the plant is in need of substantial upgrades. Until a long-term
water supply solution can be implemented it is advisable to remain conservative
regarding the addition of major water users to the system.
Thus, any proposed use for the subject tract should
be carefully reviewed in relation to its water consumption and fire flow demands
to ensure that the City remains able to meet the water demands of the entire
service area.
c)
Storm Sewer Runoff:
1)
Stormwater detention will
be required for any development that occurs on the 40-acre site. The stormwater
management criteria of the Kansas City Chapter of the American Public Works
Association, (KCAPWA) has been adopted by the City and will apply to this
development.
2)
The majority of the runoff
from the subject property will travel south under K-10 onto undeveloped parcels
to the south and east, eventually reaching Kill Creek just north of 95th
Street. It is not anticipated that the stormwater runoff from the development
of this property under the proposed zoning classification will pose any particular
threat to the downstream properties or the receiving stream.
d)
Electric and Gas Utilities:
1)
Both electric and gas utilities
are directly available to the subject property. Again, the proposed zoning
classification does not necessarily have a greater demand on these utilities
than the existing zoning classification.
2)
Depending on the actual use
of the site, it is appropriate to coordinate with these service providers
to ensure that the infrastructure can support the intended use. This should
be done at the time of site planning for the property.
e)
Police and Fire:
1) Police protection for the property is provided by the Johnson County Sheriff’s Office via contract with the City of De Soto. Again, the proposed zoning classification does not necessarily have a greater demand on the police protection arrangement than the existing zoning classification.
2)
The property is currently
within the service area of the Rural Fire District #3 of Johnson County, not
the De Soto Fire District. Since the development of the property will undoubtedly
be of an urban intensity, it is the City’s desire to detach this property
from the Rural Fire District and include it in the City’s service area. Regardless,
the specifics of the fire protection aspects of the development must be addressed
at the time of site planning.
f)
Schools:
1)
Because neither the existing or proposed zoning classifications
allow residential uses, the re-zoning of the property will not have a material
impact on the capacity of the schools of the district.
2) The subject property is directly across the street from the De Soto High School, USD 232’s Administration Building, and Starside Elementary School. City Staff and the applicant have met with representatives from the School District and received a letter from Jack Deyoe dated February 10th, 2005, attached as Exhibit B. In his letter, Mr. Deyoe stated that the policy of the District is to neither directly promote nor deter the actions of developers.
The finding relating to availability of required utilities
is therefore positive, in favor of granting the application.
7.
The extent to which the uses allowed in the proposed zoning would adversely
affect the capacity or safety of that portion of the road network influenced
by the uses, or present parking problems in the vicinity of the property.
a)
Vehicular access to the site
is via 91st Street and Lexington Avenue, both are classified as
arterial roadways within the City’s Comprehensive Plan. These streets are
currently constructed to arterial standards and provide a direct connection
to K-10, the major transportation corridor to the City. Because of the site’s
proximity to the Lexington Avenue interchange with K-10 and its position relating
to two arterial corridors, it is well suited for uses that generate high traffic
demands.
b)
It is important to note,
however, that while the existing characteristics of the adjacent road network
are sufficient to carry a large volume of traffic, the City has previously
identified that the intersections of 91st & Lexington and the
K-10 off ramp & Lexington have become congested during peak traffic periods.
In addition, these intersections have higher accident report counts than any
other in the City. It can be anticipated that when the subject tract develops
these two intersections will require signalization. Any development plan for
the property should include a detailed traffic impact study for these intersections
as well as the 91st Street corridor to ensure that the off-site
road network is improved to standards that will safely support the intended
uses.
c)
The School District has expressed
a concern about vehicular and pedestrian safety relating to the increased
traffic caused by the development of this property. The traffic impact analysis
must address the development’s impact on school traffic, and the development’s
relation to the access drives to the High School, Elementary School and
Administration Building entrances.
d)
As part of
an ongoing transportation corridor study, the Kansas Department of Transportation
(KDOT) had provided the City with maps showing some potential changes to the
K-10 ramp and right-of-way locations adjacent to the subject property. The
maps indicated that the future K-10 right-of-way would extend into the southeast
portions of the subject property. The intent of KDOT’s
effort is to identify potential areas where abutting parcels may be impacted
by future improvements to the highway, and give the local jurisdictions a
planning tool to avoid future conflicts with the highway expansion.
Realizing the potential conflict with the development plan for the site, the City arranges a meeting between the applicant and KDOT to discuss potential options. KDOT responded to this meeting with the letter attached as Exhibit A from Chris Herrick dated February 14th, 2005. This letter indicates that the future highway improvements can take place within the existing right-of-way and will not impact the subject property.
The finding relating to the road network is therefore positive,
in favor of granting the application.
8.
The environmental impacts that the uses allowed in the proposed zoning
would create (if any) including, but not limited to, excessive storm water
runoff, water pollution, air pollution, noise pollution, excessive nighttime
lighting or other environmental harm.
The environmental impacts
of any proposed use are best addressed at the time of site planning. There
is no particular environmental concerns associated with the subject tract
that would be worsened by the approval of the requested zoning change.
The finding relating to environmental impacts is therefore
positive, in favor of granting the application.
9.
The economic impact on the community from the uses allowed in the proposed
zoning.
No analysis relating to the economic impact of the
development has been submitted by the applicant or performed by staff. This report therefore makes no finding relating
to this issue.
10.
The extent to which the zoning amendment
may detrimentally affect nearby property.
Because the proposed site is currently undeveloped,
any type of development that cannot be classified as a farm/ranch/agricultural use will affect nearby properties
by elevating the area’s level and intensity of activity. The increased activity would likely affect
the quality of life enjoyed by adjacent residential property owners by adding
noise, traffic, and nighttime light.
However, the nearest residential properties are located
on the south side of Kansas Highway 10. These properties have RUR (rural) zoning retained from Johnson County
when they were annexed into the City of De Soto as a result of the City’s
Zoning Regulations. The dense vegetation
located on the western portion of the proposed development site and the approximate
145-foot right-of-way of Kansas Highway 10 should shield the residences from
some of the new development’s negative affects.
The uses allowed within the proposed zoning classification
appear to be compatible with the commercial, public/semi-public, and light
industrial uses already present in the area. The value of these and the residential properties
is likely to improve with the completion of the proposed project, which should
be a benefit.
The addition of landscaping, buffering, screening,
open space, and setbacks to the proposed development would enhance its design
and view from the highway and nearby properties.
The finding
related to the extent to which the zoning amendment may detrimentally affect
nearby property is therefore positive, in favor of granting the application.
11.
The relative gain (if any) to the public
health, safety, and welfare from a denial of the rezoning application as compared
to the hardship imposed upon the rezoning applicant from such denial.
It does not appear that the proposed zoning amendment
will create a greater loss to the individual property owners nearby relative
to the public gain. Development of the site at the intensities allowed within
the proposed zoning district will have both positive and negative, short-
and long-term impacts on adjacent property owners and the community as a whole.
It does not appear that the negative impacts,
(e.g. added light, noise, and traffic) to nearby property owners clearly outweigh
the overall benefit to the entire community.
In addition, Kansas Highway 10 right-of-way will shield residential
property owners from the impact of the proposed development.
The finding related to the relative gain to the public
health, safety, and welfare from a denial of the rezoning application as
compared to the hardship imposed upon the rezoning applicant from such a
denial is therefore positive, in favor of granting the application.
12.
Consistency with the Comprehensive
Plan, Utilities and Facilities Plans, Capital Improvement Plan, Area Plans,
ordinances, policies, and applicable City Code of the City of De Soto.
The City of De Soto, Kansas Comprehensive Plan, adopted
Fall 2003, contains policy recommendations within the following chapters:
Goals & Objectives, pages 1 - 22, Future Land Use, pages 1 - 10,
and Implementation, pages 1 - 40.
FIGURE 4: FUTURE
LAND USE
The
City’s Future Land Use map, as seen in Figure 4 above, places the subject
property in the ‘Commercial’ future land use category. The rezoning from ‘C-2’
Commercial to ‘O-I’ Office-Institutional is therefore not directly in conformance
with the Comprehensive Plan. However,
the proposed rezoning itself is nonetheless recommendable for the following
reasons:
o
The application is for a lesser zoning district,
or a downzoning, as prescribed by the Table of Lesser Zoning District Classifications
(Zoning Regulations Section 4 of Article 13).
Downzonings in order to achieve less intense uses typically require
less scrutiny and more flexibility. This notion is based upon the fundamental intent
of zoning itself, the abatement of nuisances, which is less of an issue with
less intensive development.
o
The Comprehensive Plan grants a certain level
of freedom for rezoning properties to districts that are not currently in
keeping with the Future Land Use map with the following language: (excerpts
from pg. 7-1 of the Comprehensive Plan)
The Plan should generally guide the direction of growth, but
at the same time be a dynamic tool that accommodates changes in the market
demands and our style of living…When considering proposed zoning district
changes, plats and development plans, each application will be
considered in the context of the Comprehensive Plan as a whole
as well as in relation to site specific details. Ultimately, the character of development in
the community will be determined through the regulatory approval processes,
including zoning, platting and site planning.
In some cases, the City may determine that zoning change requests
and development plans are appropriate although they are not in accordance
with the projections shown on the Future Land Use map. In these instances, the Comprehensive Plan
needs to be reviewed and either the application or the Plan amended to achieve
consistency between the two. Because
the Plan functions as a representation of the Community’s desired future,
it is important that the Plan be maintained and updated to serve as an accurate
and current guide to development.
The Comprehensive Plan is intended to be a ‘living document’, able to conform
to unpredictable market trends and opportunities. Meeting this intention while still upholding
the relevancy of the Future Land Use plan will require individual amendments
as necessary. Though this has not
historically been the City’s practice, it is a widely used and accepted planning
tool.
Relating specifically to the uses proposed for the site, the Goals and Objectives
section highlights the community’s desire to: (excerpts from pg. 5-6 of the
Comprehensive Plan)
Encourage economic development: This priority focused not only on the community’s
desire for increased provision of local goods, services and employment opportunities,
but also the need to act. Identified actions included zoning strategic parcels
for
commercial use, providing infrastructure necessary to support commercial activity
and investing in existing commercial districts such as downtown and the Lexington
Avenue corridor.
Reduce individual taxes by increasing the tax base: Decreasing individual taxes was a top priority
of the community. Many residents felt that increasing nonresidential development
would increase community tax revenue and reduce the burden carried by individual
land owners.
The uses allowed within the proposed zoning district
can boost the City’s economic position and appeal within the region. The supportive uses likely to find a market
as a result of office or institutional use development include hotels, restaurants,
retail shops, and associated services and supplies. The majority of uses likely to be located in
adjacent buildings on the subject site are permitted outright or by Special
Use Permit in the ‘O-I’ district.
As seen in Figure 4: Future Land Use Map, the site is
partially within a Primary Gateway area and wholly within the View Shed Overlay.
Definitions, extracted from pg. 7-8 of the Comprehensive Plan, are
as follows:
View Shed Overlay:
During the development of the plan, the City identified the K-10 Highway Corridor
as an area where special consideration is needed for the preservation of scenic
views. The View Shed Overlay identifies
a general area where special development considerations and criteria necessary
to preserve these scenic views are intended to be applied through partnership
with Johnson County, the K-10 Corridor Association, and KDOT. Strategies for implementation of the overlay
are recommended in Chapter 9, Implementation.
Primary and Secondary Gateways: During the development of the plan, the community identified a need to promote a positive image to the residents and visitors as they enter and exit the City. The interchanges with K-10 Highway and major intersections within the City have been identified as areas were special consideration are needed to ensure that development projects a positive image of De Soto. Gateways also indicate areas where community investments in signage, way finding, landscaping and other public improvements are appropriate to improve the overall image of the City. Strategies for implementation of the gateways are recommended in Chapter 9, Implementation.
Based upon these designations, development of the subject
property will need to uphold the strategies found in applicable sections of
the Implementation chapter of the Plan. These items will have a forum upon consideration of a site plan. In accordance with the K-10 Corridor Overlay
district regulations, the County has the opportunity to review and comment
on rezonings as well as site plans. Johnson
County Planning Director Dean Palos has provided comments, attached as Exhibit
C.
Given the nature of the zoning change (downzoning),
the Commission and Council’s discretion in amending the Future Land Use map
in such cases, and the community-driven goals likely to be accomplished as
a result of the proposed development:
The finding relating to the consistency with the Comprehensive
Plan is therefore neutral, neither in favor of or against granting the application.
13.
The recommendation of professional staff.
This staff report represents the recommendations of professional staff.
In balance, the majority of the matters considered are in favor of
granting the requested zoning change. There are recommendations relating to the final
development of the site that are the basis for the positive findings on several
of the issues considered. The positive
recommendations are therefore concluded on the basis that these issues are
addressed during future approval processes.
The finding related to the recommendation of professional
staff is therefore positive, in favor of granting the application.
III. CONCLUSIONS AND RECOMMENDATIONS
The conclusions relating to the majority of the rezoning considerations
are positive, in favor of granting the O-I re-zoning request. There are a number of issues associated with
the development that are appropriate to address during the platting process,
or through separate agreements enacted by the developer. There are also some
issues that the Planning Commission and Council should consider in connection
with the proposed development layout. The final staff recommendations have
been categorized accordingly as follows:
Conclusions relating
to the “Matters to be Considered” for zoning change:
(1)
The finding relating to whether the
use is compatible with the existing neighborhood is neutral, not in
favor of or in opposition to granting the application.
(2)
The finding relating to the compatibility
of the proposed district with nearby properties is positive, in favor of granting the application.
(3)
The finding relating to the suitability
of the uses to which the property is restricts under its existing zoning is
negative, not in favor of
granting the application.
(4)
The finding relating to the length
of time the property has remained vacant as zoned is neutral, neither
in favor of or against granting the application.
(5)
The finding relating to the need for
the proposed uses is positive,
in favor of granting the application
(6)
The finding relating to availability
of required utilities is positive, in favor of granting the application
(7)
The finding relating to the road network
is positive, in favor of
granting the application.
(8)
The finding relating to environmental impacts is positive, in favor of granting
the application
(9)
There is no Staff finding relating to the economic impacts of the proposal.
(10)
The finding related
to the extent to which the zoning amendment may detrimentally affect nearby
property is positive, in
favor of granting the application
(11)
The finding related to the relative gain to the public health, safety,
and welfare from a denial of the rezoning application as compared to the hardship
imposed upon the
(12)
rezoning applicant from such a denial is positive, in favor
of granting the application.
(13)
The finding relating to the consistency
with the Comprehensive Plan is neutral,
neither in favor of or against granting the application.
(14)
The finding relating to the recommendation
of professional staff is positive,
in favor of granting the application.
Staff recommends approval of the requested zoning change from ‘C-2’ to O-I’.
End of Report
- Exhibits to Follow