Title
Consider public testimony regarding, and an ordinance rezoning 2.001 acres located at 2760 Gattis School Road from the OF-1 (General Office) zoning district to the PF-1 (Public Facilities - Low Intensity) zoning district. (First Reading)*
Body
History: The subject tract was zoned OF-1 (General Office) in 2006. It was previously zoned SF-1 (Single Family - Large Lot). There is currently a single-family structure on the property being used as a place of worship.
Comprehensive Plan and Zoning:
The subject tract is located within the city limits and zoned OF-1 (General Office),which does not provide for places of worship. It is one of the few zoning districts that do no accommodate places of worship. Federal law stipulates that places of worship cannot be given preferential zoning treatment by local jurisdictions, nor can they be treated unfairly by local jurisdictions. Rather, they must be permitted in zoning districts that permit similar assembly-type uses, which includes commercial and public facilities districts but does not include office or industrial zoning. The result is that the city must require the property owner to seek a rezoning to continue the use of the church at this location.
The Comprehensive Plan 2030 Future Land Use Map designates the subject tract as residential. The residential land use category in the Comprehensive Plan provides for neighborhood-related uses such as local commercial and office and can include places of worship with limited accessory facilities. The Comprehensive Plan does have a Public Facilities land use designation, but it is defined as applicable to "government buildings and large institutions, such as hospitals and medical centers, high schools, and universities" which does not describe the small-scale nature of the church on the subject tract. The Comprehensive Plan does not include location criteria for Public Facilities. Given the low intensity of development within the PF-1 zoning district, which is compara...
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