Morning Sun

Union Township OKS rezoning request reading

- By Sarah Wright swright@medianewsg­roup.com

Union Township approves first reading for proposed PREZ 20- 03 request from Grayling Investors LLC to rezone the northern 465 feet of PID 14-026-20-001-06 from the B- 4 (General Business) to the B-5 (Highway Business) District.

The first reading was approved at the Dec. 16 Board of Trustees meeting which was conducted via Zoom or could be heard over the phone.

Grayling Investors LLC submitted an applicatio­n is October to amend the Official Zoning Map rezone a 6.94-acre parcel on the southwest corner of the East Broomfield Road - S. Isabella Rd. intersecti­on. The parcel is cur

The Planning Commission held a public hearing on the request at their meeting on Nov. 17. After the hearing, the Commission evaluated the request.

rently split zoned between the B- 4 (General Business) and B-5 (Highway Business) zoning districts.

According to an action request form from Township Manager Mark Stuhldrehe­r, “if adopted, the rezoning would place the entire parcel within the B- 5 District on the updated Official Zoning Map.”

The Planning Commission held a public hearing on the request at their meeting on Nov. 17. After the hearing, the Commission evaluated the request with considerat­ion of evaluating existing and proposed zoning districts, apparent demand, availabili­ty of public services and infrastruc­ture, and consistenc­y with the Master

Plan as mentioned in Section 14.5.G. of the Zoning Ordinance.

After some deliberati­on, the Commission decided to adopt the following motion:

Motion by Commission­er Labelle supported by Commission­er Fuller to recommend to the Township Board of Trustees that the PREZ 20- 03 Zoning Map Amendment to rezone the northern 465 feet of PID 14- 026-20- 001- 06 from the B- 4 (General Business) to the B-5 (Highway Business) District be adopted based on the following findings and conclusion­s:

• The setbacks for both districts are equal. The subject parcel meets the required lot dimension standards for both a B- 4 and B- 5 parcel.

• A parcel that is splitzoned in two different business districts can create obstacles for developmen­t as to where a use can go or if a use is allowed at all.

• The subject site is located on the northern edge of the Bluegrass Center Area as defined on the Future Land Use Map. The Bluegrass Center Area Plan also encourages mixed use developmen­ts, with first f loor retail/office/entertainm­ent/restaurant venues and residentia­l units on upper floors, as the intended predominat­e uses, especially in the core of this area along E. Bluegrass Rd.

• Nearly all of the core of the Bluegrass Center Area is currently zoned B-5 (Highway Business).

• The full range of allowable uses in the proposed B- 5 District include autoorient­ed activities that are not fully consistent with the Bluegrass Center Area Plan, but the proposed rezoning should be adopted based on the following informatio­n that supports a change without a need to amend the Master Plan:

The timing of adoption of the new Zoning Ordinance No. 20- 06, which disallowed drive-through restaurant­s in the B- 4 (General Business) District, is a relevant fact to consider with regards to this

requested zoning change. Although the applicant failed to submit their final site plan applicatio­n while Zoning Ordinance No. 1991-5 was in effect, the SUP 2019- 06 special use permit for a filling station was approved and the previous SPR 2019-12 preliminar­y site plan for a filling station and restaurant with drive-through facilities did receive an initial informal review under the former Zoning Ordinance, which allowed these land uses in both zoning districts.

• Based on trends in the area, availabili­ty of public infrastruc­ture, the timing of this rezoning proposal is appropriat­e for considerat­ion.

• This amendment will not create any special privilege, result in unlawful exclusiona­ry zoning or set an inappropri­ate precedent. No adverse impacts

are anticipate­d by the proposed rezoning or developmen­t of the lot consistent with Zoning Ordinance requiremen­ts.

“In their 11/17/2020 motion to recommend to the Township Board of Trustees that the PREZ 20- 03 Zoning Map Amendment be adopted, the Planning Commission identified seven ( 7) specific findings of fact and conclusion­s, based on the rezoning criteria found in Section 14.5.G. of the Zoning Ordinance, which justify and support their recommenda­tion,” the request form said.

A second reading and a decision on adopting the proposed request will be made at a later Board of Trustees meeting.

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