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City Council Regular
Meeting Date: 11/07/2018  
Subject:    PC 18-17, Consider the Introduction of an Ordinance Approving a Zone Change, 101st Ave and Foley Blvd., E&R Investment
From: Scott Harlicker, Planner

The applicant is requesting a zone change of 1.65 acres located at the southeast corner of 101st Avenue and Foley Boulevard from Low Density Residential2/PUD to General Commercial/PUD.


The applicant is proposing to change the zoning of property located at Foley Boulevard and 101st Avenue from Low Density Residential 2/PUD to General Commercial/PUD. The site is 1.65 acres and is currently vacant. This site is the subject parcel in a development project to construct a 100,800 square foot temperature controlled self storage facility, which is tentatively scheduled for the November 20th City Council agenda. The project includes an amendment to the existing PUD to allow the proposed use.

The PUD ordinance does not allow an amendment to an existing PUD unless the modification is consistent with the current code. Since the underlying zoning is LDR2, the only amendment the code allows is to a detached single family townhome development. To allow the proposed amendment, or any amendment to a different commercial use, the underlying zoning must be changed to General Commercial.


In 1998 the site was granted preliminary PUD approval for a restaurant. For the site to be developed as any other commercial use, the underlying zoning must be changed from Low Density Residential 2 to General Commercial. 

The City Council should also give consideration to the evaluation criteria found in Section 11- 304 when considering rezoning requests.
Section 11-304.10 Criteria Comments
Effect of public health, safety, order, convenience, and general welfare in the area. OK - The proposed zoning will not adversely impact area.
Effect on present and potential surrounding land uses. OK – The proposed zoning will not adversely impact the surrounding land uses.
Conformance with the Comprehensive Land Use Plan.

OK – The proposed zone change will be consistent with the City’s Comprehensive Land Use Plan. The land use designation is General Commercial
Conformance with any applicable development district. OK – The existing PUD will remain in place.

Planning Commission Meeting

At the Planning Commission meeting held on October 18th, no one spoke at the public hearing. The Commission discussed the zoning of the other parcels in the PUD. The underlying zoning of the apartments and the Holiday station is Low Density Residential 2. The Commission noted it would be worthwhile to consider rezoning these parcels in the future so that the zoning reflects the way the land has been developed. The Commission voted unanimously to recomend approval of the proposed zone change.
In Planning Case 18-17, the Planning Commission recommended the City Council introduce the attached ordinance approving the proposed zone change based on the following findings:
  1. The proposed rezoning to General Commercial/PUD is consistent with the land use designation of General Commercial.
  2. The proposed rezoning is compatible with the adjacent land uses and zoning.
  3. The times and conditions have changed so that a reasonable use of the property cannot be made under the current zoning.
  4. The proposed zone change would not have an adverse impact on the area.


Location Map
Zoning Map
Land Use Map
Applicant's Narrative
Proposed Ordinance

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