Planning Commission Recommends Rezoning of Three Division Street Parcels to General Commercial

The Planning Commission voted to recommend that the City Commission approve a rezoning request for three parcels at 1308/1402 Division Street, moving those lots from Mixed Use to General Commercial.

City staff (Thomas) opened the public hearing and described the application and the standards the commission must apply under land-development code section 54.1405. Staff noted the parcels had been regulated under the South Marquette Form-Based Code, that one parcel previously received approval for a parking lot and outdoor storage, and that in 2019 the form-based code was replaced by traditional zoning that designated these parcels Mixed Use. Staff also read a written correspondence from Jay Center opposing the rezoning and arguing that approving the request would reward a property owner who expanded without required permits and could introduce incompatible uses adjacent to medium-density residential zones.

Applicant David Holloman, representing JJD Rentals, said the property is used as a storage lot and that the owner made an error erecting a temporary structure without realizing permits were needed: “I realized that now. I thought because it wasn't a permanent structure, we could do it,” Holloman said and asked to work with city staff to bring the site into compliance.

Commission discussion focused on whether rezoning to General Commercial fits the master plan’s intent for Division Street and on alternatives such as conditional rezoning or a text amendment to allow outdoor storage within Mixed Use districts. Multiple commissioners said many parcels nearby are already commercial and that the change would not be inconsistent with surrounding uses; others urged caution about opening the Mixed Use district citywide to outdoor storage. Staff clarified that the three parcels are functionally tied (some outdoor storage and parking serve multiple parcels) and that existing buildings are legally nonconforming for setbacks and buffer requirements; staff said temporary structures and shipping containers would need permits and to meet setback rules if the parcels are rezoned.

After reviewing the spot-zone analysis and the 54.1405 criteria, Commissioner Jake Cooner moved that the commission recommend approval, saying the rezoning is consistent with the community master plan and meets code requirements. The motion was seconded and carried by voice vote; the record states “the yeses have it.” The commission’s recommendation now goes to the City Commission for final action; staff noted the City Commission hearing could be scheduled in early April.

The written opposition from Jay Center (address listed in the record) contended the rezoning would be inconsistent with the GC intent in Chapter 54, reward lack of diligence by the property owner, and risk unintended neighborhood consequences if future owners pursue other GC uses. The commission’s motion and staff direction do not approve construction or relieve outstanding permit requirements: any structures placed without appropriate permits will still need to be resolved under city code.

Next steps: the Planning Commission forwarded the recommendation to the City Commission for decision; schedule and final vote on the ordinance were not yet on the Planning Commission record.