Committee approves rezoning of vacant CVS parcel on Madison Avenue despite planning opposition and wide public comment

The Development, Planning & Sustainability Committee voted to approve Ordinance 791-2024, a zoning map change that removes the pedestrian retail overlay (PRO) and reclassifies a currently vacant CVS parcel on Madison Avenue from local retail to general retail.

City planning had urged the committee to reject the change. Kelly Merzman, director of city planning, told the committee, “Our recommendation to the committee is to not support the proposed ordinance 7 9 1 dash 20 24.” Shannon Leonard, chief zoning administrator, described the site and the overlay’s purpose and warned that the more permissive general retail zoning would allow “gas stations, car washes, vapor hookah lounges, nightclubs” and other auto-centric uses that the PRO was intended to prohibit.

Neighbors and community members largely urged rejection at the committee’s public comment period. Paula First opened public comment: “I am opposed to the, proposed zoning change,” citing public safety and concerns about spot zoning and the timing of the legislation while the city may be negotiating to buy the parcel. Nikki Hudson said putting “a gas station immediately next to a park, an elementary school, and a rec center” would be “detrimental to the children of the neighborhood.” DF Darissa said the parcels “are historic neighborhoods that predated the adaptation of the vehicle” and urged walkable uses. Other residents making similar points included Maria Lopez, Susan Zimmerman and Michael Armstrong.

Council members debated the matter at length. Councilwoman Stephanie Spencer (referred to in the meeting as Councilwoman Spencer) said she opposed the change and warned against a precedent of spot zoning; she noted the PRO had been adopted “with broad community support in 2013.” Councilman Danny Kelly, a sponsor, argued the parcel has been vacant for years and that finding a re-use is urgent. Council members also discussed whether the site might become a fire station; panelists clarified that under current PRO rules a fire station would require conditional approvals, while removing the PRO could reduce some zoning impediments to that use. Councilman Jay Westbrook and others urged robust public input and cautioned about community expectations for park-adjacent uses.

Despite planning’s opposition and the number of residents who testified against the map change, the committee recorded the ordinance as approved. The committee discussion included several suggestions to hold or delay the measure pending the outcome of any city purchase negotiations; the motion to proceed prevailed.

What happens next: approval by this committee advances the rezoning to the council floor. The change would remain in effect until the council votes to alter the zoning again.

Votes at a glance: the committee announced the ordinance “stands approved” after a roll call; individual “aye” responses were recorded during the roll call but a full numeric tally was not provided in the committee transcript.

Community context: the parcel sits directly across from multifamily housing and immediately adjacent to Caddell Recreation Center, Caddell Park and Marion Seltzer School. Speakers pressed the committee on traffic-safety data and on whether the zoning change was targeted to benefit a single property owner.