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—.. �.. 5.3 The applicant has requested that the subject property be rezoned to B-3 to be consistent with the adjacent property to the north, which they intend to market together as one redevelopment parcel. The code designates the B-3 district for general retail uses in individual buildings or strip centers along state or county roads (Sections 1005.05). Attachment D is Section 1005.015 of the City Code that lists the permitted, accessory, and conditional uses by business zoning district. 5.4 The Planning Division has considered the requested rezoning and determined that the B-3 designation is consistent with the land use designation of Community Business and appropriate for contiguous parcels of land along a County Highway (49). Rezoning the subject parcel (92 feet by 214 feet) to a separate and distinct district would restrict development, potentially creating a commercially undevelopable parcel given the minimal size of the lot. 5.5 As the City is compelled by State law to have consistency between zoning and its Comprehensive Plan, the City must rezone this property to a district compatible with the future land use designation or amend its Comprehensive Plan to guide this property for low-density residential uses. The long-term viability of single-family residential along this segment of Rice Street is limited due to its traffic volumes. Both the previous Comprehensive Plan and the newly adopted 2030 Comprehensive Plan have this area guided for business use. 5.6 The City is commencing an update to the zoning code in November 2009. As part of the process, the City will be moving forward with a parcel-by-parcel rezoning to make the zoning designations consistent with the Comprehensive Plan. The subject property would have been included with the other inconsistent zoned properties if not for the request by Semper Development. The applicant has stated that the split zoning of their redevelopment area is a hindrance to their marketing efforts. To facilitate the marketing of area, staff supports rezoning this parcel at this time. 6.0 PLANNING COMMISSION ACTION 6.1 A duly noticed public hearing for the Semper Development application was held on October 1, 2009. Two neighbors of the subject property spoke in opposition to the rezoning citing concern over a potential entrance from Wewers Road to the subject parcel and increased traffic on their street (see attached email and letter). In addition, the neighbor adjacent to the property expressed her concerns regarding future screening and site development on the subject property. 6.2 Planning Commission discussion of the rezoning application focused primarily on neighbor's request to restrict or limit access on to Wewers Road. The Planning Staff reminded Commissioners that the City cannot place such restrictions a rezoning request and the City Staff would consider any and all concerns upon receipt of a submitted redevelopment proposal. 6.3 The Planning Commission encouraged staff work with the property owner (upon submittal of either a building permit or land use application) to ensure neighborhood input into the design. 6.4 The Planning Commission voted 3-1 to recommend approval of the rezoning request. 7.0 STAFF RECOMMENDATION Based on the comments and findings outlined in Sections 4-6 of this report, the Planning Division recommends ApPtzovAL of the requested REZON�tv� of 2587 Rice Street from R-1 to B-3. PF09-026 RCA 10262009.doc9 Page 3 of 4