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CL-2353 New Business   Item #: B.       
Meeting Date: 07/07/2020  
Subject:    Request to Rezone from OT-R Old Town Residential to "Conditional" HR-C Highway Retail Commercial, 215 Ash Street
From: Kenneth C. Gillie, Jr.

COUNCIL ACTION
Business Meeting:     07/07/2020
SUMMARY
A request has been filed by Dana Peters, requesting to rezone from OT-R Old Town Residential District to “Conditional” HR-C Highway Retail Commercial District, 215 Ash Street (Parcel ID# 73005), otherwise known as Grid 1807, Block 003, Parcel ID #000049, of the City of Danville, Zoning District Map.  The applicant is proposing to rezone to allow for a discontinued non-conforming use (commercial kennel) to be reused.
BACKGROUND
A request has been filed by Dana Peters requesting to rezone and obtain a Special Use Permit allowing for a discontinued non-conforming use (commercial kennel) to reused at 215 Ash Street.
 
This property is developed with a structure that was built within Pittsylvania County as a pet kennel.  According to City records, the facility was operated until December 2016, but maintained a business license until December 31, 2017.  The property is zoned OT-R Old Town Residential district, thus the facility was a legal non-conforming use.  City Zoning Code Article 7, Section B Item 3 regulates non-conforming uses.  It reads as follows:
 
3.  Discontinuation of nonconforming use. If a nonconforming use is discontinued or abandoned for a continuous period of more than two (2) years, including any period of discontinuation before the effective date of this ordinance, then that use shall not be renewed or reestablished and any subsequent use of the lot or structure shall conform to the regulations of this ordinance. When any nonconforming use is replaced by a permitted use, the use shall thereafter conform to the regulations for the district, and no nonconforming use shall thereafter be resumed.
 
The applicant has requested to rezone this property to a “Conditional” HR-C district, eliminating all uses except for a commercial kennel.  In order to have a commercial kennel in the HR-C district, a Special Use Permit is also required.

This request clearly amounts to spot zoning; it will create one parcel zoned commercial in the middle of a residential district.  The applicant has proffered out all uses except for the operation of a kennel.  As our Attorney states, not all spot zoning is illegal if it serves a legitimate public purpose.  Whether the location of a kennel in a residential district meets a legitimate public purpose is not a question for staff. This is a question to be answered by City Council with Planning Commission input.  Thusly, staff makes no recommendation on this.

At their meeting of June 11, 2020, the Planning Commission voted 6-0 (Commissioner Petrick absent) to recommend approval of the request as submitted by the applicant.
RECOMMENDATION
It is recommended that City Council adopt an Ordinance Rezoning from OT-R Old Town Residential District to “Conditional” HR-C Highway Retail Commercial District, 215 Ash Street (Parcel ID# 73005), otherwise known as Grid 1807, Block 003, Parcel ID# 000049, of the City of Danville, Zoning District Map. 

Attachments
Ordinance
Planning Backup


    

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