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HomeMy WebLinkAboutA007 - Council Action Form, May 24, 1983 ITEM • D� May 24, 1983 COUNCIL ACTION FORM SUBJECT: Rezoning parcels at 424 and 425 Teagarden Drive from R1-10 to R1-6. BACKGROUND: At the Planning and Zoning Commission meeting on April 6 a request to rezone the property at 425 Teagarden Drive from R1-10 to R1-6 was reviewed. In its deliberations the Commission also discussed the rezoning of 424 Teagarden Drive from R1-10 to R1-6. The property at 424 Teagarden Drive is immediately south of 425 Teagarden Drive. Both 424 and 425 Teagarden Drive are vacant, and during the discussion it was brought out that rezoning both parcels could ultimately result in the development of four lots, permitting construction of four single-family residential structures . During their deliberations the Commission considered the following points: 1 . The proposed zoning change is in conformance with the Land Use Policy Plan and encourages the infill of urbanized areas of the community. 2. The proposed rezoning will not change the character of the area. The areas to the north, south, and west of the lots proposed for rezoning contain primarily single- family residential structures on a variety of lot sizes. Additionally, the area to the east contains single-family residential structures on smaller lots. 3. The applicant has selected the R1-6 zoning classification rather than the R-2 because the residential character of the area is primarily single-family. 4. Although a question may arise as to whether this rezoning might be considered "spot zoning," it was determined that it is not. Spot zoning is typified by differ- ences in the intensity of allowable uses, and in this case the allowable uses are the same in the R1-10 and R1-6 districts. The major difference between the R1-6 and R1-10 is the minimum lot size. 5. The Planning and Zoning Commission's City-wide rezoning recommendations indicate that this area is to remain R1-10. However, the Commission felt that rezoning this area to R1-6 would be consistent with their City-wide rezoning recommendations. This is due to the fact that both R1-10 and R1-6 are single-family, low-density districts and that many of the surrounding lots are comparable in size to those being proposed in this rezoning. After review and discussion, the Commission took the following action: MOTION: (Zingg/Hoffman) Move the staff recommendation that the property located at 425 Teagarden be rezoned from R1-10 to Rl-6, and that the vacant lot at 424 Teagarden also be rezoned from R1-10 to R1-6. Motion carried: 4 in favor; 1 opposed (Sherkow) Attached is a protest petition signed by owners of eight properties, all of which are located totally or partially within the 200-foot protest area. Sec. 29.73 (Zoning Ordinance) of the Municipal Code states: "If a written protest against any proposed amendment, supplement or change shall have been presented to the City Council , signed by the owners of twenty percent (20%) or more, either of the area of the lots included in such proposed change, or of those immediately adjacent in the rear thereof, extending the depth of one lot or not exceeding two hundred (200) feet there- from, or of those directly opposite thereto, extending the depth of one lot or not exceeding two hundred (200) feet from the street frontage of such opposite lots, such amendment shall not become effective except by the favorable vote of at least three-fourths (3/4) of all the members of the City Council ." -2- The protest petition is for 425 Teagarden Drive. It does not include 424 Teagarden Drive. The protest area is 39% of the total area within the 200-foot area (see attached Map A) . The Planning and Zoning Commission's recommendation is to include 424 Teagarden Drive in the proposed rezoning from R1-10 to Rl-6. Expanding the 200-foot protest area to include this property represents a 29% protest area (see attached Map B) . Therefore, five concurring votes by City Council are required to pass this rezoning. ALTERNATIVES: 1 . Accept the Commission recommendation. 2. Reject the Commission recommendation. 3. Modify the Commission recommendation. MANAGER'S RECOMMENDED ACTION: It is the recommendation of the City Manager that the City Council accept the Commission recommendation. Due to the high percent of protest (over 20%) five concurring votes by City Council are required to pass the rezoning. COUNCIL ACTION: