PLANNING COMMISSION REPORT
Regular Agenda – Public Hearing Item
PC Staff Report
ITEM NO. 4A: RS-2 [RS7] to RS5; 1.40 ACRES; NEAR
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
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 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
· 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.
ASSOCIATED CASES/OTHER ACTION REQUIRED
·
Approval
of this rezoning request by the
·
Final Plat for Homewood Gardens Addition [PF-06-14-06]
also scheduled for consideration at the
·
Acceptance of easements and road right-of-ways
by the
· 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
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
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
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
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