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Planning commission rezones 723 S. Kansas from R-1 to R-2 to allow duplex

2503463 · March 5, 2025
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Summary

The commission approved a zoning amendment changing 723 South Kansas from R‑1 to R‑2 after staff review and a public hearing; the applicant said the church-owned site will be cleared and a duplex constructed, and staff noted sewer extension would be required.

The Newton Planning Commission on March 3 approved a zoning amendment that changes the property at 723 South Kansas from R‑1 to R‑2, a lower-density multifamily designation that would allow duplex development.

Dan Harter spoke to the commission as the applicant’s representative on behalf of the Church of God of the Firstborn, which owns the site. Harter said the existing structures on the site would be removed to maximize buildable area given nearby floodplain constraints and that the church’s goal is to construct a duplex on the parcel.

Staff and commissioners reviewed the standard rezoning criteria in the staff memo, including consistency with the comprehensive plan, compatibility with adjacent uses, and availability of sewer and water. Justin reported sewer extension would be required to serve new development and that extension needs would be the same whether the parcel were R‑1 or R‑2. At the hearing, an adjacent resident, Van Park of 701 South Kansas, raised concern about past sewer backups in the area and asked what standards the commission used to evaluate spot zoning. Staff said spot zoning is not explicitly prohibited but is generally not recommended and that the commission should evaluate the rezoning criteria in the staff report.

Commissioners noted the applicant had initially requested R‑3 at a prior meeting and withdrew that request; the current R‑2 request represented a reduction in the proposed intensity. Commissioners also discussed whether certain uses in R‑2 would require a special-use permit; staff confirmed some uses remain subject to special-use review. After public comment and commissioner questions, the commission voted to approve the R‑1 to R‑2 zoning amendment.

The commission’s approval was recorded by motion and voice vote. Staff will require the applicant to address sewer extension and floodplain/buildable-area issues during the permitting and engineering review phase.