File #: 18-599B    Version: 1
Type: Ordinance Status: Passed
File created: 7/19/2018 In control: City Council
On agenda: 9/18/2018 Final action: 9/18/2018
Title: Option 1: Concur with staff and the petitioner to pass an ordinance revoking conditional uses, releasing a covenant, and rezoning the property located at 821 E. Chicago Avenue to TU (Transitional Use District) - PZC 18-1-053; or Option 2: Concur with the Planning and Zoning Commission to deny the rezoning of the property located at 821 E. Chicago Avenue - PZC 18-1-053
Attachments: 1. 821 E. Chicago - Ordinance, 2. Exhibit A - Legal Description, 3. Exhibit B - Plat, 4. Exhibit C - Standards, 5. Ordinance 84-021, 6. Application, 7. TU - Permitted and Conditional Uses, 8. OCI - Permitted and Conditional Uses, 9. July 18, 2018 PZC Minutes, 10. Location Map - 821 E. Chicago
PLANNING AND ZONING COMMISSION AGENDA ITEM

ACTION REQUESTED:
title
Option 1: Concur with staff and the petitioner to pass an ordinance revoking conditional uses, releasing a covenant, and rezoning the property located at 821 E. Chicago Avenue to TU (Transitional Use District) - PZC 18-1-053; or
Option 2: Concur with the Planning and Zoning Commission to deny the rezoning of the property located at 821 E. Chicago Avenue - PZC 18-1-053
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DEPARTMENT: Transportation, Engineering and Development

SUBMITTED BY: Erin Venard

BOARD/COMMISSION REVIEW:
The Planning and Zoning Commission considered this matter on July 18, 2018 and voted to recommend denial of the request (not approved, 6-0). Staff does not concur with the recommendation of the PZC.

BACKGROUND:
The subject property is located at the northwest corner of Chicago Avenue and Huffman Street, with a common address of 821 E. Chicago Avenue. The 15,658 square foot property is improved with a two story frame building and an associated parking lot. A portion of the building is occupied by Franco's, an eating establishment, while the remainder is occupied by a single residential unit.

In 1984, the subject property was rezoned from R2 (Single-Family and Low Density Multiple-Family Residence District) to OCI (Office, Commercial and Institutional District) per Ordinance 84-021. The rezoning ordinance also included a condition that restricted the use of a portion of the subject building to a meat market and grocery store and the remaining balance of the building to a two-family dwelling unit. Both uses, a meat market/grocery store and a two-family dwelling unit, are neither permitted nor conditional uses in OCI.

The petitioner, Brian Hellman representing Land Trust 8002374068, requests rezoning of the subject property to TU. The purpose of the rezoning to TU is to remove the restrictive conditions while also aligning the subject property with a zoning district that is compatible with the surrounding neig...

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