PLANNING COMMISSION REPORT

Regular Agenda – Public Hearing Item

PC Staff Report

07/24/06

ITEM NO. 4A:           RS-2 [RS7] to RS5; 1.40 ACRES; NEAR BULLENE AVENUE AND LASALLE STREET (MKM)

 

Z-05-13-06:  A request to rezone a tract of land approximately 1.40 acres, from RS-2 (Single-Family Residence) to RS-5 (Single-Dwelling Residential).  The property is generally described as being located near Bullene Avenue and LaSalle Street.  Submitted by Rebecca Buford of Tenants to Homeowners, Inc., property owner of record.

 

 

STAFF RECOMMENDATION: Staff recommends approval of the 1.40 acres from RS-2 [RS7] (Single-family Residence) District to RS5 (Single Dwelling Residential) District and forwarding it to the City Commission with a recommendation for approval based on the findings of fact found in the body of the staff report and subject to the following condition:

1.   Recording of a final plat prior to publication of the rezoning ordinance

 

Applicant’s reason for request:        To allow for infill development of 10 single-family detached residences.

 

KEY POINTS

·         The property is being replatted [PF-06-14-06] as Homewood Gardens Addition and will include the vacated portion of LaSalle Street.

·         The rezoning and platting request is generally in conformance with the Burroughs Creek Corridor Plan.

 

 

GOLDEN FACTORS TO CONSIDER

CHARACTER OF THE AREA

·         This is a primarily residential area with nearby industrial uses. The area is developed with single family homes, with light industrial uses such as contractor shops and mini-storage facility to the east. Stormwater has been an issue in this area in the past and portions of the subject property were purchased by the City and the houses were razed in response to flooding. Stormwater management improvements have been put in place, which have removed the area from the floodplain.  This property is in the Brook Creek Neighborhood and public open space is located nearby. The future ‘rails to trails’ City linear park will be located to the west of the subject property and two City parks are located within Ľ mile: Parnell Park, a mini-neighborhood park, to the northwest and Edgewood Park, a neighborhood park with a recreation center, a few blocks to the east.

 

CONFORMANCE WITH HORIZON 2020

 

§         The area is designated as very low/low density residential on the Future Land Use Map. While the rezoning request exceeds the density limits recommended in Horizon 2020 the proposed infill development does conform with the Neighborhood Conservation policies of encouraging compatible infill development. Hor

 

ASSOCIATED CASES/OTHER ACTION REQUIRED

·         Approval of this rezoning request by the City Commission and Ordinance publication.

·         Final Plat for Homewood Gardens Addition [PF-06-14-06] also scheduled for consideration at the July 24, 2006 Planning Commission meeting.

·         Acceptance of easements and road right-of-ways by the City Commission.

·         Dedication of off-site pedestrian easement through separate instrument.

·         Submittal of Public Improvement Plans to Public Works Department.

·         Recordation of Final Plat at the Register of Deeds Office.

 

PUBLIC COMMENT RECEIVED PRIOR TO PRINTING

·         Letters supporting the proposed development were received from the Old East Lawrence Neighborhood Association and the Brook Creek Neighborhood Association. The Brook Creek Neighborhood Association urged the City to address drainage problems along the Creek corridor while planning for this development.

 

GENERAL INFORMATION

Current Zoning and Land Use: 

 

 

 

 

Surrounding Zoning and Land Use:

RS7 (Single-dwelling Residential) District (RS-2 in previous Code); previously developed as residential, now vacant as flood-damaged houses have been razed.

 

RS7 (Single-dwelling Residential) District to the east (RS-2 in previous Code); single-family homes and light industrial uses such as contractor shop and mini storage.

 

RS7 (Single-dwelling Residential) District to the west (RS-2 in previous Code); future City linear park.

 

PUD (Planned Unit Development) further to the west and north (PRD-1 in previous Code). Single-family homes.

 

IL (Limited Industrial) District to the south and southeast (M-1A in previous Code); Light industrial uses, such as contactors shop and undeveloped property (proposed future Salvation Army site).

 

I.  ZONING AND LAND USES OF SURROUNDING PROPERTIES

 

Staff Finding  -- The surrounding properties are zoned for residential and industrial uses. Single family homes of varying densities are located in the area along with light industrial uses. Immediately to the west is the future City linear ‘rails to trails’ park.

 

II.  CHARACTER OF THE AREA

 

Staff Finding  -- The subject property is located within the Brook Creek Neighborhood. The area is developed with single family homes and light industrial uses. There is nearby public open space in the area in the form of neighborhood parks and the future City linear park. Stormwater had been an issue in the area, but recent stormwater drainage improvements have elevated this area out of the floodplain.

 

III.   SUITABILITY OF SUBJECT PROPERTY FOR THE USES TO WHICH IT HAS BEEN RESTRICTED

 

Applicant’s Response: 

The proposed property falls within the criteria acceptable for its use in which the property is to be rezoned.

 

The subject property is currently zoned RS7 which allows for low-density residential uses that are limited to single-family dwellings with a minimum lot size of 7,000 sq. ft. The proposed RS5 zoning (single dwelling residential) District allows for smaller lots with a minimum of 5,000 sq. ft. per dwelling unit. The proposed rezoning will allow for infill development. The recently adopted Burroughs Creek Corridor Plan recommended that the City purchase the lots involved in this rezoning to use with the linear park and that the right-of-way for La Salle Street be used to provide pedestrian access to the park.  The plan also recommends that all three neighborhoods within the study area emphasize residential infill and encourage new, residential friendly development. One method to achieve this goal is listed as “consider density alternatives that allow smaller lots…” (pg xi)

 

Staff Finding  --  The rezoning request to RS5 is consistent with the recommendation of the corridor plan as infill development will be encouraged with the smaller lots. The City has agreed to transfer the land to Tenants to Homeowners and THH will provide pedestrian access to the linear park along Ward Street. With these provisions, the property is well-suited for residential infill development.

 

IV. LENGTH OF TIME SUBJECT PROPERTY HAS REMAINED VACANT AS ZONED

 

Staff Finding The City purchased portions of the property after the 1993 floods and razed the damaged houses. The property has remained vacant since that time.

 

V.     EXTENT TO WHICH REMOVAL OF RESTRICTIONS WILL DETRIMENTALLY AFFECT NEARBY PROPERTY

 

Applicant’s response:

Nearby properties are residential properties. The proposed rezoning application will not detrimentally affect these properties in any way.

 

The proposed zoning would allow single family detached houses on smaller lots than currently exist in the surrounding area. The applicant intends to build affordable houses on these lots. While TTH is encouraged to intersperse affordable housing throughout the community, an opportunity presented itself in this area with land being donated by the City.  

 

Staff Finding – This rezoning to RS5 would not have a negative impact on nearby property.

 

VI.    RELATIVE GAIN TO THE PUBLIC HEALTH, SAFETY AND WELFARE BY THE DESTRUCTION OF THE VALUE OF THE PETITIONER’S PROPERTY AS COMPARED TO THE HARDSHIP IMPOSED UPON THE INDIVIDUAL LANDOWNERS

 

       Applicant’s Response:

       No hardships will be imposed upon individual landowners with the submittal of this rezoning application.

 

Evaluation of these criteria includes weighing the benefits to the public versus the benefits of the owner of the subject property. Benefits are measured based on the anticipated impacts of the rezoning request on the public health, safety and welfare. The rezoning will result in smaller lots adjacent to a linear park. This would result in attractive, affordable housing. The applicant will provide a  pedestrian and bike easement to the north of this project to provide access to the park, which will benefit the area in providing attractive connections to the greenspace.

 

Staff Finding – The rezoning to RS5 will have no negative public impact and should create attractive, affordable housing in the area.

 

VII. CONFORMANCE WITH THE COMPREHENSIVE PLAN

       Applicant’s Response:

The proposed rezoning request conforms with the long term goals and ideas expressed for this location in conjunction with the Comprehensive Plan.

 

The subject property is located west of Bullene Avenue and north of E 16th Street (if it were extended). The following goals and associated policies support the rezoning application:

 

RESIDENTIAL LAND USE GOALS AND POLICIES

Medium- and Higher-Density Residential Land Use (pg 5-21 to 5-22)

GOAL 1:   Criteria for Location of Medium- and Higher-Density Residential Development  

Policy 1.5:  Ensure Adequate Infrastructure

Policy 1.6: Consider Access

 

GOAL 2:  Create a Functional and Aesthetic Living Environment (pg 5-23 to 5-24)

Policy 5.6 Provide Access to Park Land

 

Low Density Residential Land Use

       Policy 4.6(a): Provide for Small Lot Subdivisions recommends the adoption of residential zoning classifications with modified minimum lot sizes and setbacks as a means to provide affordable housing options throughout the city. (pg 5-16)

Horizon 2020 encourages infill development which is compatible with the surrounding neighborhood. This is an infill development which has the necessary infrastructure in place and is served by transit along Haskell Avenue. The proximity of open space provides access to park land and should create an aesthetic living environment. Smaller lot sizes are being used as a means to provide affordable housing options in this location.

Staff Finding  --

The proposal is in conformance with Horizon 2020.

 

STAFF REVIEW

 

The City purchased portions of the subject property after the floods of 1993 and the damaged houses were razed. The property ownership was transferred to Tenants to Homeowners for development of affordable housing with the provision that an easement would be dedicated to provide pedestrian access to the ‘rails to trails’ City linear park along the back of the properties. TTH will dedicate pedestrian easement to the north of the subject property, along Ward Street.