Changes to zoning requests

Two requests - one that would impact a neighborhood and another that could affect future development on the west side of Portland - were reviewed by members of a local board on Thursday.

Mel Smitley, a local auctioneer and real estate agent, asked the Portland Planning Commission to review two rezoning requests. One was to rezone a residential area to highway service, and the other was to rezone an agricultural area to highway service. Both are located along West Votaw Street.

The commissioner approved to recommend an amended request that will allow Smitley to locate his office in a home at Votaw Street and Western Avenue, and also voted to recommend rezoning a 79 acre parcel as highway service, with stipulations. That parcel is located on the north side of Votaw Street (Ind. 67) at the west edge of Portland.

The issue discussed the most by the commission was Smitley's request for a property located at 630 N. Western Ave.

Smitley asked for the property located at the corner of Western Avenue and Votaw Street, near Haynes Park to be rezoned for a temporary office for his real estate/auctioneering business.

Highway service districts - the least restrictive zoning classification - are for areas along major traffic arteries, and are created to promote development of shopping and services. Neighborhood business districts include small businesses that are located in predominately residential areas along high trafficked streets. There are several types of businesses - such as amusement parks, jails and slaughterhouses - are not allowed to be located in areas zoned neighborhood business. However, virtually any type of business can be located in areas zoned as highway service.

Commission members were worried about what type of business could be located on the property if it is rezoned as highway service.

Jerry Leonhard, commission member, said the city's future land use map has the area where Smitley wants to put his office predominately zoned as residential. Leonhard also said that spot zoning is not part of the future land use map.

Commission member Kent McClung also appeared to be uncomfortable with rezoning the property as highway service.

"If we zone this highway service, you could have a gas station (there)," he said.

Two people who live near where Smitley wants to put his office also spoke during Thursday's meeting.

Tim Morris, 825 W. Votaw St., said, "I don't want to see that zoned permanently as business." However, if the Portland City Council votes to rezone the property to neighborhood business, it will be zoned as such, even if the property is sold.

"My concern is to what happens (to the property) after (Smitley) moves out," said Steven Trobridge, 627 N. Williams St.

Pati McLaughlin, Jay/Portland Building and Planning administrative assistant, said during the meeting that her office has not received any written comments on the request from nearby property owners.

After commission members took no action on rezoning the property to highway service, Jay/Portland Building and Planning Administrator Bill Milligan said, "You might consider very strongly neighborhood business. It's more restrictive."

After asking whether Smitley objected to a change to neighborhood business, the commission voted to make that recommendation.

The Portland City Council will make the final decision on the rezoning.

Smitley's other request for the 79 acre parcel was for rezoning to highway service from agricultural.

The property is located adjacent to Fastenal Inc.

Smitley said he wants to build a new real estate/auctioning facility on part of the 79 acres. After that is built, the office at 630 N. Western Ave. would move to the new location.

Smitley said Thursday he believes that having the property rezoned will make it easier to market to investors.

Commission members voted to recommend that the city council rezone the property, but with some stipulations.

The commission stipulated that the rezoning is conditional upon plans for projects on the property being submitted and approved within 12 months.

This isn't the first time the commission has voted to rezone this parcel of land.

In early 2006, they also voted to rezone the property to highway service from agricultural, with similar stipulations. However, development plans were not submitted within a year and the parcel reverted back to being zoned as agricultural.

Smitley said his business will be built about 300 feet from West Votaw Street and be about 8,000 to 10,000-square-feet. He hopes to build it in six to eight months.[[In-content Ad]]