Recommendation
Proceed with Discussion and Instructions (D&I) and Introduce the Ordinance to approve the Map Amendment.

Change in Law or Policy
The proposed Sectional Map Amendment will correct the erroneous rezoning of two properties associated with the adoption of Comprehensive Map Amendment MAP2007-00101 on December 15, 2008.

Discussion
On December 15, 2008, the Mayor and Council adopted a Comprehensive Map Amendment (MAP2007-00101) approving a new official zoning map, in connection with the comprehensive revisions to the City's Zoning Ordinance. This action followed several years of work by the City staff, the Planning Commission, and the Mayor and Council. The zoning was reconfirmed with the adoption of the corrective Comprehensive Map Amendment MAP2009-00105 on March 9, 2009.

It was the intent of the Mayor and Council to place the new Mixed-Use Business (MXB) Zone on all properties in the North Stonestreet Avenue corridor that had previously been in the I-1 (Service Industrial) Zone. Subsequent to adoption of the referenced Comprehensive Map Amendments, it was discovered that two properties, comprising three lots that were formerly in the I-1 Zone, (315 Howard Avenue and 110 Crabb Avenue) had been erroneously rezoned to the R-60 Zone instead of the intended MXB Zone.

The proposed Sectional Map Amendment is solely intended to correct the zoning map by rezoning the aforementioned properties to the MXB Zone, as originally intended by the Mayor and Council. The subject zoning map error was not discovered at the time that the previous corrective Map Amendment (MAP2009-00105) was initiated.

At the June 15, 2009 Mayor and Council public hearing, Hunter Atkinson (property owner at 211 Crabb Avenue) spoke in opposition to certain uses associated with the Mixed-Use Business Zone (MXB). Mr. Atkinson suggested consideration of the Mixed-Use Neighborhood Commercial Zone (MXNC) as an alternative to MXB. It should be noted that the MXNC zone would render the current auto repair use nonconforming which is inconsistent with the intent to retain the existing businesses as conforming uses. On June 17, 2009, Siegfried Krause, the owner of 110 Crabb Avenue, sent a letter to the Mayor and Council in support of the proposed corrective rezoning of his property to the MXB Zone. The referenced letter is attached to this item and labeled as "Attachment D."

Mayor and Council History
On April 27, 2009, the Mayor and Council authorized the filing of the subject Sectional Map Amendment. A public hearing was held by the Mayor and Council on June 15, 2009. The public hearing record closed at 5 p.m. Monday, June 22, 2009.

Public Notification and Engagement
Pursuant to State law, the proposed amendment requires publication of the public hearing notice in a local newspaper. For the proposed amendment, staff has notified each property owner/tenant of the pending action, along with notification to local civic associations, homeowner's associations and all property owners within 500 feet of the subject properties per the Zoning Ordinance.

Boards and Commissions Review
The Planning Commission reviewed the proposed Sectional Map Amendment at its meeting on May 27, 2009 and unanimously recommended approval to the Mayor and Council.

Fiscal Impact
There is no fiscal impact associated with this agenda item.

Next Steps
Adoption of Ordinance.

Attachments

Department Head:



Susan Swift, Director of Community Planning and Development Services
Approved on: 06/29/2009

City Manager:

Scott Ullery, City Manager
Approved on: 07/07/2009