File #: 25-0034C    Version: 1
Type: Ordinance Status: Passed
File created: 3/5/2025 In control: City Council
On agenda: 3/18/2025 Final action: 3/18/2025
Title: Pass the ordinance approving variances for a new day care center building for the property located at 471 E 75th Street (Primrose School) - PZC 24-1-099
Attachments: 1. Ordinance, 2. Exhibit A. Legal Description, 3. Exhibit B. Site Plan, 4. Exhibit C. Response to Standards, 5. Exhibit D. Preliminary Landscape Plan, 6. Exhibit E. Building Elevations, 7. Development Petition, 8. Tree Preservation Plan, 9. Retaining Wall, 10. Preliminary Engineering, 11. Photometric Plan, 12. Traffic & Parking Study, 13. Easement Plat, 14. Public Comment, 15. PZC Meeting Minutes 2-5-25
CITY COUNCIL AGENDA ITEM

ACTION REQUESTED:
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Pass the ordinance approving variances for a new day care center building for the property located at 471 E 75th Street (Primrose School) - PZC 24-1-099
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DEPARTMENT: Transportation, Engineering and Development

SUBMITTED BY: Anna Franco, AICP, Community Planner

BOARD/COMMISSION REVIEW:
The Planning and Zoning Commission considered PZC 24-1-099 on February 5, 2025, and recommended approval of the request (approved 7-0). Staff concurs.

BACKGROUND:
The subject property is approximately 1.49-acres located on the north side of 75th Street and zoned OCI Office, Commercial, and Institutional District. The property is currently improved with a one-story building (as well as accessory structures) that was previously used as a veterinary clinic. Adjacent uses include a medical office building to the west, incorporated residential in the Hobson's Pond subdivision to the northwest, and unincorporated residential to the north, east and south (across 75th Street). The subject property slopes downward to the northwest corner of the property, which is nearby an existing waterway.

The subject property was annexed to the City in 1998 with the approval of Ordinance 98-23 and was rezoned to the OCI zoning district with the approval of Ordinance 98-24. The rezoning ordinance is unique in that it outlines six conditions of approval for the rezoning, including the following:

* Condition 1: Within eighteen (18) months after annexation and zoning of the Subject Property, the residential use of the existing single-family structure on the Subject Property shall terminate or the OWNER and DEVELOPER shall have petitioned the CITY for a conditional use to allow such residential use to continue.
* Condition 2: The scale and architectural design of the building for any commercial development of the Subject Property shall maintain a residential character as determined by the Zoning Administrator.
* Condition 3: The Plan Commission sha...

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