ITEM NO. 7:              RM-2 TO RS-2; 2.15 ACRES; NORTH OF W. 5^TH STREET BETWEEN WISCONSIN & MICHIGAN STREETS (MJL)         

Z-10-67-05:  A request to rezone a tract of land approximately 2.15 acres from RM-2 (Multiple-Family Residential) District to RS-2 (Single-Family Residential) District.  The property is generally described as being located north of W. 5^th Street between Wisconsin and Michigan Streets (1620, 1612, 1604, 1512, 1508, and 1500 W. 5^th Street; and 446 Florida Street).  Initiated by the City Commission on 10/25/05, based on recommendations in the HOP District Plan.  This item was deferred by the applicant from the December Planning Commission meeting.

STAFF PRESENTATION

Ms. Leininger described the proposed rezoning from RM-2 District to RS-2 District.  In initial discussions with the neighborhood, staff had suggested that a larger portion surrounding the subject property be rezoned to RM-D District and/or RM-1 District.  By rezoning the subject properties, there would not be appropriate transitions between the current RM-2, high-density residential district and the proposed RS-2 low-density district and there would not be any direct relation to the proposed district and another single-family residential district.  The proposed rezoning would also create a nonconforming use at 1512 W. 5^th Street.  The property is developed with two single-family homes.

Staff recommended denial of the rezoning from RM-2 to RS-2.

PUBLIC HEARING

John Cook, owner of 1512 W. 5^th Street, opposed to the rezoning because it would make his property nonconforming.  He was currently trying to sell the property and the uncertainty makes the property very difficult to sell.

Gwen Klingenberg, Pinckney Neighborhood Coordinator, was unaware that 1512 W. 5^th Street would be nonconforming if rezoned to RS-2 when the task force started the process.  Three of the subject properties’ owners are in favor of the rezoning.

COMMISSION DISCUSSION

It was discussed that the HOP District Plan recommends rezoning properties to the current use and this proposal would generally do that.

ACTION TAKEN

Motioned by Eichhorn, seconded by Jennings to recommend approval the rezoning from RM-2 to RS-2 on 1620, 1612, 1604, 1512, 1508, and 1500 W. 5^th Street and 446 Florida Street and forward it to the City Commission.  Commissioner Eichhorn stated the recommendation was based on the following reasons:

- The properties would be zoned to the current use.

- The proposed rezoning would follow the recommendation of the HOP District Plan to rezone to the existing use.

- The rezoning would protect the single-family homes.

Motion carried 8-1, with Burress, Ermeling, Krebs, Erickson, Haase, Jennings, Lawson,