2020-130 Ordinance Rezoning Property from R-3 Single Family Residence and R-6 Multiple Dwelling District to B-1 Neighborhood Shopping District at 1326-1336 West Eldorado Street

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Community Development DATE: 9/8/2020 MEMO: 20-37 TO: Honorable Mayor Julie Moore Wolfe and City Council FROM: Scot Wrighton,City Manager Richelle D. Irons,Interim Director,Community Development Greg Crowe,Planning and Development Manager Joselyn Stewart,Planner SUBJECT: Ordinance Rezoning Property from R-3 Single Family Residence and R-6 Multiple Dwelling District to B-1 Neighborhood Shopping District at 1326-1336 West Eldorado Street. SUMMARY RECOMMENDATION: Staff recommends approval of this ordinance for re-zoning. BACKGROUND: The subject site located at 1326-1336 West Eldorado Street is currently zoned R-3 Single Family Residence and R-6 Multiple Dwelling District. It consists of approximately 54,000 square feet and is currently developed with a house of worship with a parking lot,a separate single-story masonry residence and a vacant lot. City Council voted to table the Ordinance on July 20 to provide additional time for public comment. City staff prior to and after the July 20 meeting received multiple inquiry calls due to the zoning pending signs on site,but no objections to the rezoning were noted nor did anyone provide any official public comments besides the one objector that attended the Plan Commission meeting. The petitioner proposes to rezone the subject site from R-3 Single Family Residence and R-6 Multiple Dwelling District to B-1 Neighborhood Shopping District to allow for development of subject property consistent with B-1 zoning regulations. As stated in the City's Zoning Ordinance,the B-1 Neighborhood Shopping District is designed to encourage and facilitate commercial activities generally serving the neighborhoods in which they are located. The district allows for less intensive commercial uses than the B-2 Commercial District,and is in fact the most restrictive commercial district in the City Code. Some examples of uses allowed in the B-2 District but not allowed the B-1 District are listed below: 1. Animal kennel(indoor only) 2. Automobile repair and service(major) 3.Automotive service station without restrictions(see B-1 permitted uses for restrictions required for use in B-1). 4. Bar or cocktail lounge 5. Check cashing and consumer credit services 6. Contractors and builders 7. Convenience food and beverage store with extended hours(limited to being open between 5:00 am and 11:00 pm) 8. Connnercial Fabrication 9. Gasoline station 10. Tattoo or body piercing parlor 11. Video gaming parlor As noted above,video gaming parlors and bar or cocktail lounges are not pernritted primary uses in the B-1 District. However, such uses could potentially be an accessory use within a restaurant that is permitted in the B-1 District.Also,liquor licenses can be issued in the B-1 District for Restaurants and Convenience and Beverage Stores(without extended hours and limited to less than 50%of total sales). The subject site is located within a mixed-use area and re-zoning to B-1 Neighborhood Shopping District should have no adverse effect on the general area,the adjacent park or the City as a whole. The uses allowed in the B-1 District are generally compatible and complimentary to the adjacent area;however,there is recognition given that this site is at the entrance to a significant community park,Fairview Park. With this proposed rezoning,any proposed use will likely be a redevelopment of the site,thus requiring a site plan to be approved by the City with development parameters including front yard and parking area landscaping, exterior lighting,limit of 6,000 square feet for any building in B-1 District,unless approved by a Conditional Use Permit,and front,side and rear yard setbacks.Additionally,any improvements to the site shall be required to provide some landscaped buffers in the side and rear yards that abut a residential district in accordance with our Zoning Code.