Powell City Council moves to rezone former office building

Posted 6/15/21

The Powell City Council gave initial approval last week to a request to change the zoning of a parcel of land on the city’s south side. If the council approves two more readings, the property …

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Powell City Council moves to rezone former office building

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The Powell City Council gave initial approval last week to a request to change the zoning of a parcel of land on the city’s south side. If the council approves two more readings, the property at 456 S. Bent St. — which previously served as an office for Linton’s Big R — will be rezoned from industrial to residential.

Councilor Tim Sapp pointed out that the parcel was surrounded on all sides by industrial zoned parcels, with the exception of the properties across Bent Street, which are residential. 

Sapp questioned if the zone change would qualify as spot zoning, a practice forbidden by city ordinance. In spot zoning, a parcel is given a zoning designation that’s incongruent from those properties around it and contrary to the general pattern of zoning, solely for the economic benefit of the owner.

“That particular lot tends toward spot zoning,” said Sapp, who cast the lone vote against the change. 

When the city’s Planning and Zoning Board considered the proposal last month, board members felt the parcel would be contiguous since it would abut the residential zone across the street, said Director of Public Works and Building Official Ben Hubbard.

The request for the zoning change was made by a prospective buyer of the property, which is currently owned by Linton Enterprises, LLC. No representatives of the buyer or the current owners were present at the public hearing, but a representative of the prospective buyer had told planning and zoning the intent was to create a duplex, Hubbard said.

He added that, if the rezoning is approved, multi-family housing would be permitted on the property. Hubbard estimated that, with required parking spaces, a lot of that size might support up to six apartments.

The 0.32-acre property, currently listed for $279,000, includes a 5,124 square foot office building. Although the nearby Linton’s Big R store sold to Murdoch’s in early 2019, the office was not a part of the sale and was maintained to serve the Big R store in Jackson.

At the June 7 meeting, the council voted 5-1 to approve the zoning change, which still must go through two more readings before becoming final.

(Editor's note: This story has been updated to reflect that Councilor Sapp voted against the proposed zoning change.)

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