Request for a Zone Change from R-1-5-P to R-2 and Comprehensive Plan Map change from Single Family Residential to Low Density Multi-Family for an approximately 1.3-acre parcel located on the west side of Fordyce Street, between Orchid Street and Kirk Lane. The application includes a request for Outline Plan and Site Review approval for a 13-unit, multi-family subdivision under the Performance Standards Option, as well as a Physical Constraints Permit to establish a driveway crossing over an existing drainage way. A Tree Removal request is also included with the application.
|Meeting Date:||April 5, 2005||Primary Staff Contact:||Bill Molnar, 552-2042 firstname.lastname@example.org|
|Department:||Community Development||Secondary Staff Contact:||John McLaughlin, 552-2043, email@example.com|
This is a continuation of the public hearing on this matter. No new information has been submitted to the Planning Department since the close of the previous hearing on March 1, 2005. Citizens, both in favor and opposed, are still signed up to present testimony as part of the public hearing. The applicant also has an opportunity to provide rebuttal testimony at the end of the hearing.
Due to the Council continuing this action to the April 5, 2005 meeting, the 120-day time limit comes into play. The 120-days runs on April 7, 2005. The Council will need to make a decision on this action prior to that time. Once that decision is made, findings will need to be adopted.
Should the Council approve the zone change, it is likely that the applicant will grant an extension to the time limit, and assist in the preparation of the findings. However, should the Council deny the zone change request, it is unlikely that the applicant will grant an extension, and the City must prepare and adopt findings for this action within 14 days of this preliminary decision. Under this scenario, the Council will need to adopt the findings at the April 19, 2005 regularly scheduled meeting.
The record for Planning Action 2004-128 has been distributed prior to the regular packet for the March 1, 2005 meeting to provide additional time for the Mayor and Council to review the materials. The Planning Action was denied by the Planning Commission on December 14, 2004, and the decision was subsequently appealed in a timely manner by the applicant. The public hearing was started at the March 1, 2005 Council meeting.
The Planning Commission denied the request for failure to comply with the comprehensive plan, specifically the following policies:
The Planning Commission made the following finding concerning compliance with the Comprehensive Plan:
We find that the existing neighborhood has been essentially fully developed under the R-1-5 zoning as originally designated in the adoption of the Comprehensive Plan and should remain in a single family zoning designation. We find that the proposal to rezone the only remaining undeveloped parcel on Fordyce Street to R-2 will result in an incompatible development pattern with the existing residential area. We find that the increase in density to 13 units, or more than 120% greater than the base density and approximately 45-60% greater than the maximum allowed density is not compatible with the surrounding neighborhood pattern.
The Planning Commission, in denying the zone change request, did not take further action regarding the subdivision, site review, Physical Constraints Permit, and tree removal requests.
The record for the planning action, previously distributed, contains the background for this project, including the staff report (pages 40-53), and the Planning Commission findings (pages 16-20). The applicant has also submitted supplemental information (dated February 16, 2005) which address many of the concerns raised during the public hearing at the Planning Commission.
|Related City Policies:|
There are many policies involved in reviewing an application for a zone change/comp plan amendment. Many of those policies are of competing interests - affordable housing vs. neighborhood compatibility. The issues raised in the staff report address many of these policies and may assist in providing direction to the Council in the review of this action.
• Based upon the testimony received and the evidence submitted, the Council will have several options available:
• Approve the zone change/comp plan change request, including the subdivision, site review, P&E permit, and tree removal.
• Approve the zone change/comp plan change request, but refer the other facets of the application back to the Planning Commission for review and decision.
• Deny the zone change/comp plan change request, as the Planning Commission did.
In the staff report, staff outlined the merits and concerns associated with the project, and advised the Planning Commission to carefully consider the submitted materials and testimony from the neighborhood and public. We did not specifically provide a recommendation to approve or deny. The Planning Commission, based upon the record presented, chose to deny the zone change/comp plan change request.
Should the Council choose to approve the zone change request, we would recommend that the request for the subdivision, site review, P&E permit, and tree removal be referred to the Planning Commission for their review and decision.
• Move to approve Planning Action 2004-128, the request for a zone change/comp plan amendment, outline plan, site review, physical constraints permit, and tree removal permit with the conditions suggested by staff (and amended or added by the Council).
• Move to approve Planning Action 2004-128, but only the portion of the request relating to the zone change/comp plan amendment. The remaining facets of the application regarding outline plan, site review, physical constraints permit, and tree removal permit shall be referred back to the Planning Commission for their review and decision.
• Move to deny Planning Action 2004-128.
• Previously submitted record. (PDF Format)
• Exhibits submitted during the April 5th Public Hearing.