22 - Zoning Amendment - Commercial to Two-Family Dwelling - Block 170-C Lot 12 - 2296 SE 3rd Street

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Staff was initially concerned with changing zoning to 2F because it would create an isolated lot within the contiguous Commercial Zoning District on the West side of the SE 3`d Street without first changing the Future Land Use Map (FLUM). This would incorporate changes to the FLUM guiding development for Low Density Residential. Without such changes to the FLUM, even small increases in residential density would be considered inappropriate or non -compatible land uses with future commercial development. Especially now with recent changes to the Zoning Ordinance which no longer allows residential uses to be constructed in commercial zoning districts without going through an SUP zoning process, including required public hearings. It would also possibly be perceived as `Spot Zoning.' Spot Zoning' is defined as: "The process of singling out a small parcel of land for a use classification totally different from that of the surrounding area for the benefit of the owner of such property and to the detriment of other owners. " r `Spot zoning' is an inappropriate exercise of sound planning & zoning practice for a land use zoning authority. The applicant has also made application to change the FLUM to Low Density Residential. This was the first request considered favorably by the P&Z before deciding upon the recommended zoning change. Discussion on the future land uses of the surrounding properties, not just the applicant's single lot, were first considered by the Commission. What complicated this analysis is the fact that all existing land uses along this street are currently single family. Further objection due to new duplexes being constructed could be perceived as an incompatibility with these residences, but will be unknown until the second round of notices are sent out for the May hearing. If however, Council is inclined to change the FLUM to Low Density Residential in May as per the P&Z recommendation for the additional properties with the rezoning, then Staff is in full support of the zoning change to 2F for this one lot. No other changes in the zoning ma are being proposed with the City's initiation of the FLUM changes in May. They will go through the same public hearing process. RECOMMENDATION Staff recommends approval of this request of from a Commercial District (C) to a Two -Family Dwelling District (217).