Planning Commission recommends denial of rezoning request at 723 S. Kansas Ave.

The Newton Planning Commission voted to recommend denial of a request to rezone 723 South Kansas Avenue from R‑1 to R‑3.

At a public hearing, Planning staff summarized the rezoning criteria and recommended commissioners consider whether every use permitted under R‑3 would be appropriate for the lot and immediate area. Staff noted the parcel is largely within the 100‑year floodplain, that sanitary sewer would need to be extended to serve additional units, and that surrounding property is zoned R‑1.

Dan Harder, representing the applicant, said the property is owned by a church across the street and the applicant intends to build a duplex to house multiple families. Residents who live at 701 and 715 South Kansas said the neighborhood’s sewer has backed up during busy church events in the past and expressed concern about additional housing increasing backups, traffic and changes to neighborhood character. Felix Fernandez asked for clarity about the size, exterior materials and number of occupants for future housing.

Commission discussion noted: staff’s concern that R‑3 allows multiple uses beyond the applicant’s stated intent (for example, multifamily and child care), the lot’s floodplain constraints that limit buildable area, and sewer capacity questions. One commissioner said an R‑2 rezoning (which allows duplexes) would be more acceptable than R‑3 but would require a new public hearing if pursued.

A commissioner moved to deny the requested R‑3 zoning on the basis that the application did not satisfy criterion (e) regarding changed conditions and public gain; a second supported the motion. The chair called for a voice vote and the motion carried.

Because the Planning Commission only makes a recommendation to the City Commission, the denial is a recommendation; the applicant may pursue a different rezoning request or the matter may be reconsidered before the City Commission at a later date.