Commission approves comprehensive plan amendment and rezoning for Southeast 5th Street parcel despite concerns about long‑term flexibility
Summary
The commission approved CPA‑260700104300 and ZON‑26‑07‑0017 to change a Southeast 5th Street property from a high‑density residential designation to commercial/retail/office. Staff flagged incompatibility with the future land use map and commissioners weighed the long‑term implications of a straight zoning change.
The Planning & Zoning Commission approved a comprehensive plan amendment (CPA‑260700104300) and an associated rezoning (ZON‑26‑07‑0017) on Aug. 11 to change a parcel on Southeast 5th Street from a high‑density residential future land use designation to a commercial/retail/office designation.
Staff told the commission the requested amendment “is inconsistent with the future land use map designation” and emphasized that the site is accessed from local streets rather than a major arterial, which limits visibility and may affect compatibility with surrounding residential uses. Staff said approval would expand the range of permitted commercial activities and could allow uses associated with higher traffic volumes; the presentation noted the existing building dates to the 1980s and is about 5,000 square feet.
Owner Ron Cornelius testified that he has held the property for decades and used it to house small contractors and trades, and that a prior zoning change rendered many of those historic tenants nonconforming. “I’m not a developer. I’m an investor. I’ve owned this property for several decades,” Cornelius said, arguing the rezoning would bring the site back into conformance and allow him to continue leasing to small businesses.
Commissioners expressed mixed views. Several said they sympathize with the owner’s situation but worried that a straight zone change would "let the genie out of the bottle," giving future owners broad by‑right authority. Commissioner John Federco warned that “if we change the zoning, the zoning runs with the land, and if they don't ask for any variances, then... they have it by right,” noting concern about possible higher‑intensity uses in the future.
After discussion, Commissioner Janie Mendez Adakari moved to close the public hearing and approve the CPA and the rezoning as presented; Chair Cheryl Smith seconded. The commission voted to approve the CPA and ZON‑26‑07‑0017.
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