HomeMy WebLinkAbout02242020 City Council Laydown - Ecklund Ord20-001 February 24, 2020
Honorable Mayor and Council, •
Re: Ordinance 2020-001, changing the west half of Federal Addition Blocks 7, 14 and 17,
except for lot 7-8 Block 17, from single family residential (R1) and two family residential (R2)to
office residential (OR)
Seward City Code (SCC) allows rezoning of property when it meets Chapter 15 requirements.
The portions of SCC and the findings (in red) that support this request are as follows:
SCC 15.01.035 - Amendments.
(a)Generally. Whenever the public necessity, convenience or general welfare requires, the City
Council may, under the procedure set forth in this section and by ordinance, amend or repeal
these regulations or change zoning and land use district boundaries.
(b)Initiation.
(1)Changes in this title may be initiated by the following means:
* * *
c.By petition of a majority of the property owners in the area to be amended;
A petition in support of this rezoning was signed by more than 50% of the property owners in
the area.
(2) A proposed amendment which is substantially the same as any other proposed
amendment submitted within the previous nine months and which was not approved
shall not be considered.
The last request for rezoning a section of this request was submitted over 9 months ago. That
request was to rezone the area to Auto Commercial (AC) and was denied by the Planning and
Zoning Commission primarily because AC allows 47 more land uses. In comparison OR allows
only 26 more land uses.
(3) Except for an ordinance altering the boundaries of existing, contiguous zoning
districts or an ordinance which brings a parcel into conformance with the land use plan.
no ordinance altering zoning within the City shall be considered if the area encompassed
by the proposed ordinance contains less than one acre. not including street or alley
rights-of-way.
The area of this rezoning request is more than an acre and is contiguous to other OR parcels on
the Future Land Use Map.
(4) The amendment request shall include the name and address of the applicant, a map
showing the area involved, the present and proposed land use designation. the reason for the
proposed change. the appropriate application fee as set by City Council resolution and other
pertinent information requested by the City.
went
the Seward
ing and Zoning
ommis
on
The amendment request process
that
Codeorequirements andnm most of the otheC4 meetings on
Seward
August 6, 2019 met these City
involving this request included the information as well..
(c) Amendment procedure.
(1)A completed application, as described in this section, shall be submitted to the
administrative official. The administrative official shall schedule a public hearing pursuant to the
provision of section 15.01.040.
A completed application was submitted and the Community Development Department and the
City Clerk's office the public hearing requirement notices for all the public hearings held on this
request..
(2)The commission shall hold a public hearing in accordance with the requirements of
this chapter.
This procedure was met by the Seward Planning and Zoning Commission on August 6, 2019
and again at the second Seward Planning and Zoning Commission meeting requested by the
Board of Adjustment..
(3)The commission shall, upon public hearing, forward its written recommendation to the
City Council, along with all certified minutes and public records relating to the proposed
amendment.
This procedure was omitted initially and an appeal was submitted and paid for by the applicant.
The Council sat as the Board of Adjustment in November and sent the rezoning request back to
the Planning and Zoning Commission.
(4)The City Council, in accordance with the provisions of the City code, may or may not
adopt the amendment as a City ordinance.
This is where we are on 2124/2020.
The original section of the SCC that defined the OR District stated " Low-density residential,
commercial and office development designed to encourage maintenance of the historical
character of"Millionaire's Row" on the west side of Third Avenue between Jefferson and
Madison Streets" in Ordinance 1989-626. It was amended in 1991 by Ordinance 1991-649 to
what it currently states, "intended to provide for medium density residential, commercial and
office development designed to act as a transition zone between the high density central
business district (CBD) and the surrounding medium-high density residential districts." When
looking at the Zoning Maps and Future Land Use Maps I believe it buffers between CBD and
auto commercial (AC) more than between residential and commercial.
.:r
More findings to support this zoning request can be found in the Seward Comprehensive Plan:
1) Community Vision and Values for 2030 2.1...a process for orderly growth...
2) Natural Environmental and Open Space 2.2.2 We value quiet in our residential
neighborhoods.
3) Recreation 2.2.4 We value diverse, year round indoor and outdoor recreational
opportunities and facilities for the residents and visitors of all ages.
4) Land Development 2.2.10 We value orderly growth and balance development that is
driven by community consensus in conformance with the land use plan.
5) Economic Base 2.2.11 We value a stable economic environment, economic diversity,
year-round businesses, environmentally responsible industry, and employment that
promote a high standard of living.
• Explore incentives to attract more year-round private sector industries to
augment the tax base.
• Support the promotion of sporting, cultural events, conventions and other
activities year-round.
6) Economic Development 3.1.1.4 Support private sector business employment and
programs.
• Support home businesses
• Support and encourage the growth of business
7) Land Use 3.2.1 Promote residential and commercial development within the City of
Seward and it's vicinity in accordance with community values.
SCC 15.05.10 states the Comprehensive Plan "is meant to guide the actions of elected officials
in setting forth the goals, objectives, and policies governing the future development within the
City." SCC 15.05.020 states, "A part of the comprehensive plan is the development of a land
use classification system on which to base zoning and to guide the land use regulation system.
Such a classification system should provide a balanced, compatible land use mix, in order to
separate incompatible uses and minimize conflict between land uses."
Five property owners within the 300 foot area support the rezoning. Four property owners
within the area to be rezoned spoke in favor of the rezone at the August P&Z meeting and the
November Board of Adjustment meeting. No one within the area of the rezone wrote or spoke in
objection to the request for a rezone. Only two properties within 300 feet of this rezone area
objected to the request for rezone during the Planning Commission process. Throughout the
meetings on this ordinance, including five public hearings, more citizens of our community have
supported this rezone than those opposed.
SCC 15.10.115 states "This chapter is adopted in order to: 8. Provide for orderly and stable
public, residential, commercial and industrial development." In the Merriam-Webster dictionary
development is defined as, "the act or process of growing or causing something to grow or
become larger or more advanced." The SCC outlines a process for change. We use other plans
as guides but our City Code follows a process of enactment and enforcement and lays out a
process for change within the law.
I request approval of Ordinance 2020-001 and thank you for all your time and consideration.
Cindy L. Ecklund