Item Coversheet

Agenda Item Summary



Ordinance # / Resolution #: Ordinance 2023-1869 / Planning Case Number: RZ-2023-1197 - HOLD UNTIL THE 12/11/2023 COUNCIL MEETING
Contact Person / Sponsor: M. Blaszyk / Planning
Department: Planning
Date Requested to be on Agenda: 10/9/2023
Council Action Requested:

Application by Charles Strunk to rezone approximately 6.6 acres at 2458 Mineral Mining Road, Kershaw (TM #0098-00-037.01) from Light Industrial (LI) to Agricultural Residential (AR) District, in order to create conformity for existing residential use.



Points to Consider:

UPDATE (9/18/2023): Planning Staff has initiated the Comprehensive Plan Amendment for this parcel as requested by Council. The Comp. Plan Amendment will be heard by Planning Commission on October 17, 2023, and proceed to first reading with Council on November 13th, 2023. Should Council be so inclined to hold second reading of this item until November 27, both items could then have second reading in unison, with both then proceeding to third reading on December 11, 2023. 

 

The property is located at the intersection of Mining and Mineral Mining Road and is currently a non-conforming residential use. The applicant would like to be able to construct a stable on the property for the family's horses.

 

Directly behind the parcel, is the former Blackmon Mine and a Landfill.

 

The Comprehensive Plans Future Land Use Map designates the subject parcel as staying a part of an industrial use.



Funding and Liability Factors:

N/A



Recommendation:

During the Planning Commission's August regular meeting, concerns were discussed regarding the possibility of the former mine to resume operations and the existing landfill to expand with their locations being directly adjacent to the residence. 

 

Staff recommends denial of the rezoning proposal due to the existing conflicts with the Comprehensive Plan.

 

Staff also offered the point that if the Planning Commission and Council want to approve the proposed rezoning, staff recommends a companion ordinance to amend the current Comprehensive Plan. The Planning Commission agreed to this recommendation. The item received a recommendation for approval with a companion ordinance to amend the current Comprehensive Plan with a vote of 5-2.