Ordinance First Reading 7/0

The property in question is located on the southwest corner of Fifth Street and Kendrick Avenue. There is an existing structure on the site that is currently vacant and known as 108 E. Fifth Street. The applicant has stated that the history of the structure began as a two-family residence, was then turned into an office, and more recently was used a retail store.

The applicant has submitted a rationale for the rezoning, which is attached, that states the change is addressing changing conditions in the community. The following outlines the rationale:

1. New investment in properties is a part of the revitalization of the downtown area.

2. The rezoning will trigger the conversion of a vacant building from retail to office.

3. The C-2 Zoning District will allow flexibility in the expansion of the existing structure by a reduction in setbacks.

4. The request is in line with the Comprehensive Plan which designates the area as urban mixed use.

The rationale for the re-zone is accurate with the only concern being that the proposed use as office is already a Permitted Use in the existing C-O District. If the C-2 District is to be developed to its highest and best use, that would be retail. However, the maximizing of square footage of the structure through the less restrictive setbacks in the C-2 Zone, which is zero on all sides, would be in line with the objective of the zone. As C-2 zoning, the property could be retail in the future. There is no mechanism available to connect the plans to improve and enlarge the structure as an office to the rezoning approval.

The site is at the south end of the existing C-2 zoned area and 1/2 block east of Gillette Avenue. It would connect to the C-2 zone to the north which provides it with the minimum of 20 acres as required for a C-2 Zoning District. The zoning to the north is C-2 with a residence on it. The zoning to the west is C-O and is used as a religious institution. To the east is property zoned R-4, Multi Family Residential District, with an apartment building on it. To the south the property is zoned R-2, Single and Two Family Residential District, with a residence on it.

The R-2 District to the south is an isolated single lot surrounded by the C-O and R-4 Districts. It is the only lot on the block not zoned C-O. There are several other locations on the perimeter of the C-2 District where there is an interface with residential zone districts, both R-4 and R-2.

The C-O District requires a landscaped buffer adjacent to R-2, but not R-4. The C-2 District does not require any landscape buffer adjacent to any other zone. The C-2 District does not require any off-street parking for the use of the property. On-street parking is in fairly high demand at this site, however, this is the nature of the downtown area. There is public parking in the vicinity.

An amendment to the Zoning Map shall not take place unless at least one of the two criteria exists as set forth in Section 12 of the City of Gillette Zoning Ordinance:

a. The Zoning Map may be amended when there is a need to correct an obvious error. In this case there was no obvious error.
 
b. The Zoning Map may be amended to recognize changing conditions within the City. This request does recognize changing conditions in the community because the Comprehensive Plan has designated the area as mixed use and the expansion of the C-2 zoning district near the downtown is complimentary to the revitalization of the Gillette Avenue corridor.

I move for Approval of an Ordinance to Amend the District Zoning Map of the City of Gillette, Wyoming, for Property Generally Located at 108 East Fifth Street and Legally Described as Lot 6, Block 7, Albany Addition, from C-O, Office and Institution District, to C-2, Central Business District, Subject to all Planning Requirements on Second Reading.