STAFF REPORT
File #: PZ 20-019
APPLICATION: Text Amendment APPLICANT: Godwin Okoru
Staff Recommendation: Denial
Planning and Zoning Recommendation: Pending
Mayor and Council Decision: Pending
PETITION:
To consider a Text Amendment to Table 2-3 (Permitted and Special Uses in the Mixed-Use and Non-residential Zoning district) to allow vehicle emission facility in the NRC zoning district as a special use.
PURPOSE OF THE REQUEST: To allow vehicle emission facility in the NRC zoning district
LOCATION: Unified Development Code Table 2-3; Section 4-320
PROPOSED TEXT AMENDMENT
Table 2-3
Permitted and Special Uses in
Mixed-Use and Non-residential Zoning Districts
ANALYSIS the governing body shall consider the following standards in considering any proposal that would result in a change to the text of this development code (except articles 21 and 24), giving due weight or priority to those factors that are appropriate to the circumstances of each proposal:
(a) Is the proposed amendment consistent with the purpose and intent of this development code;
According to Unified Development Code, “the purpose and intent of the NRC zoning district is to provide locations for retail, services, and office uses at a neighborhood level of intensity, serving a small market area, in a manner that is compatible with adjacent neighborhoods, and without intense traffic generation.” NRC zoning districts are small in total area so as to limit the scale and scope of development and to control adverse impacts on adjacent neighborhoods. Based on the intent of the NRC zoning district which is to allow for development that will have minimal impact of adjacent neighborhood. Staff is recommending denial of allowing emission facility within the NRC zoning district. The denial is primarily because all the NRC zoning properties are adjacent to residential area (See diagram below). Staff is of the opinion that emission facility is not compatible with surrounding residential uses due to possible negative operational impacts such noise from engines, slamming of doors; other possible impacts. Secondly, vehicle emission facility is only permitted by right in the Community Retail (CRC), Business Park (BP) and Light Industrial (LI) zoning districts. Vehicle emission facility is not a permitted use in the NRC district. Therefore, allowing such use in the NRC district or even allowing approval via a Special Use does not meet the intent of the UDC. NRC is intended for less intense uses such as offices, salon, barber shop, internet business, and school. Uses within the NRC zoning district is intended to serve a smaller market area rather than a regional wide market.
MAP SHOWING NRC ZONING
(b) Does the proposed amendment further the purpose and intent of the comprehensive plan, or is it needed to properly implement the comprehensive plan;
The NRC is intended to implement the “Neighborhood Activity Center”. The comprehensive plan states that the “neighborhood activity center” is to provide services at neighborhood level of intensity, and serve a small geographic area that are compatible with the surrounding residential neighborhoods. Providing vehicle emission services is not intended to serve a small geographical area but to serve the large community and neighboring cities. The proposed request of allowing such service is not consistent with the intent of the Comprehensive Plan.
(c) Is the proposed amendment needed to address new or changing conditions;
Though there might be a need for vehicle emission services, allowing such use in the NRC zoning district is not compatible with adjacent residential uses and does not meet the intent of the Comprehensive Plan.
(d) Does the proposed amendment reasonably promote the public health, safety, morality or general welfare;
Staff is recommending denial of the proposed text amendment. Allowing such use is not in the best interest of the residents within close proximity of the NRC zoning districts. Staff is anticipating undesirable impacts if vehicle emissions facility allowed in the NRC zoning district.
Recommendation
Staff recommends Denial of PZ 20-19, proposed text amendment does not meet the intent of the Comprehensive Plan and Unified Development Code.