City of Green River City Council Meeting Agenda Documentation

Transcription

1 City of Green River City Council Meeting Agenda Documentation Preparation Date: April 25, 2013 Meeting Date: May 7, 2013 Department: Community Development Department Head: Laura Leigh Presenter: Laura Leigh Subject: Public hearing on a rezoning request from B-1 (General Commercial) to R-2 (Single-Family Residential). Background/Alternatives: The City of Green River has received an application for a Zoning Map Amendment by Ann Poydack, requesting to re-zone a parcel from B-1 (General Commercial) to R-2 (Single- Family Residential) Zoning. The property is located at 457 West Flaming Gorge Way (refer to the attached location map). The petitioner is requesting this property to be rezoned to an R-2 (Single Family Residential) zoning district. The petitioner received a Special Use Permit to maintain a residential use in the B-1 District in Ms. Poydack has been attempting to refinance her home and due to changes in banking regulations, she has been unable to secure financing due to the residence being a legal non-conforming use in the B-1 District. The lenders are unable to refinance the property because although the use is legal, the City s ordinance states that if a non-conforming use is discontinued for a period of eighteen (18) months, the right to that use expires and it is the expiration date that is the stumbling block. Ms. Poydack is concerned that if she were to try and sell her property, this would be an issue that would exclude a large number of potential buyers. The intent of the R-2 district is to provide for predominantly small lot, medium-density, singlefamily detached residential areas. Permitted uses in the R-2 zone include the following: Residential - Site-built and Modular, Home Occupations, Elementary and Secondary Schools, Colleges, Universities, Community Colleges, Centers of Religious Worship and Reflection, Libraries, Publicly Owned and Operated Outdoor Recreational Facilities, and Essential Public Utility or Public Service Installation. Conditionally permitted uses within the R-2 zone include the following: Family Child Care Home. When considering a Zone Change, surrounding zoning and land use should be considered. Please refer to the attached Zoning map. Surrounding land use and zoning is as follows: North B-1 (General Commercial District) Legal Nonconforming Residential Use South R-2 (Single Family Residential) Residential Use East B-1 (General Commercial District) Legal Nonconforming Residential Use West B-1 (General Commercial District) Legal Nonconforming Residential Use

2 The Planning and Zoning considered this request at a public hearing on April 24, Prior to the public hearing, property owners within 200 feet of the property were notified of the petition and invited to submit comments and/or attend the public hearing. In addition, a sign was posted on the property and a public hearing notice was duly published in the Green River Star in accordance with the procedures outlined in the Zoning Ordinance. The City did not receive any comments pertaining to this petition. After discussion, the Planning and Zoning Commission voted 4-3 to recommend approval of the petition to rezone the property from B-1 (General Commercial) to R-2 (Single-Family Residential). In accordance with the Zoning Ordinance, no amendment to the official zoning map shall be enacted until after a public hearing has been held before the governing body at which all interested parties shall have an opportunity to be heard. Property owners within 200 feet of the property were notified of the public hearing and invited to submit comments and/or attend the public hearing. In addition, the time, date and location of the City Council Public Hearing was stated on a sign that was posted on the property and a public hearing notice was duly published in the Green River Star in accordance with the procedures outlined in the Zoning Ordinance. Attachments: Exhibit A: Location/Zoning Map Exhibit B: Public Hearing Notice Exhibit C: PZ Recommendation PZ Fiscal Impact: No direct Fiscal Impact to the City of Green River. Staff Impact: N/A Legal Review: N/A

3 EXHIBIT A LOCATION/ZONING MAP Poydack 457 West Flaming Gorge Way

4 EXHIBIT B PUBLIC HEARING NOTICE TAKE NOTICE that a request has been filed with the City of Green River by Ann Poydack requesting an amendment to the Official Zoning Map of the City of Green River from B-1 (General Business) to R-2 (Single Family Residential) for a parcel located at 457 W. Flaming Gorge Way, Green River, Wyoming and generally described as: A piece or parcel of land, being a portion of Lot Three (3), Block Seven (7) of the Union Pacific Railroad Company's 2nd Addition to the Town (City) of Green River, Wyoming; and, A portion of Lot One (1), Block Thirty-Four (34) of the Union Pacific Railroad Company's 1st Addition to the Town (City) of Green River, Wyoming; and, The northerly Ten (10) feet of property dedicated as an alley adjacent to the southerly boundary of said Lot One (1), Block Thirty-Four (34) of the Union Pacific Railroad Company's 1st Addition to the Town (City) of Green River, Wyoming. See Map Below A public hearing for the consideration of this request will be held before the Planning and Zoning Commission on April 24, 2013 at 7:00 p.m. in the City Council Chambers located at City Hall, 50 East 2 nd North St., Green River, Wyoming. The public is invited to give testimony or submit written comments on this item. A public hearing for the consideration of this request will also be held before the Governing Body on May 7, 2013 at 7:00 p.m. in the City Council Chambers located at City Hall, 50 East 2 nd North St., Green River, Wyoming. The public is invited to give testimony or submit written comments on this item. Please contact Jennie Melvin, Zoning and Building Technician at with any questions regarding this Zoning Map amendment. Yvonne Kelley, Recording Secretary Publish: April 3, 2013 April 10, 2013

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