HomeMy WebLinkAboutA007 - Council Action Form dated October 9, 1990 ITEM #:
DATE: 10/09/90
COUNCIL ACTION FORM
SUBJECT:
Motion to Set October 23, 1990 as the date of Public Hearing on the
Rezoning of the Area Generally Located East of Duff Avenue North of East
Fifth Street and South of East Ninth Street from R-3 (Multiple-Family
Residential) and P-C (Planned Commercial) to R-2 (Low-Density Residen-
tial).
BACKGROUND:
Several owners of property in this area, described as the "Bandshell
Neighborhood", have submitted a petition to rezone the property legally
described on Attachment No. 1 from R-3 (Multiple-Family Residential) and
P-C (Planned Commercial) to R-2 (Low-Density Residential) , as shown on
Attachment No. 2.
The present R-3 zoning for the subject area between Duff Avenue and
Crawford Avenue does not comply with the RL (Low-Density Residential)
designation on the Land Use Policy Plan (LUPP) Map.
However, the existing R-3 zoning for the subject area east of Crawford
Avenue does comply with the RM (Medium-Density Residential) designation
on the LUPP Map.
The petitioners propose an amendment to the LUPP Map for the area east
of Crawford Avenue from RM to RL. This amendment, if approved, would
then designate the entire subject area as "RL" on the Land Use Policy Plan
Map. R-2 (Low-Density Residential) zoning, as proposed, would then
comply with the "RL" LUPP Map designation.
The area to be rezoned includes approximately 39.46 acres of land,
exclusive of streets and alleys.
ANALYSIS:
Existing Land Use of Subject Property. (See Attachment No. 3)
Multi-Family Residential: 26% of Land Area; 14.8% of properties (20/135)
Two-Family Residential: 13% of Land Area; 17.0% of properties (23/135)
Single-Family Residential: 53% of Land Area; 65.2% of properties (88/135)
Public: 8% of Land Area; 3.0% of properties ( 4/135)
2
Ninety-seven (97) multi-family dwelling units (66% of the total multi-family
units) are located east of Crawford Avenue.
Thirty-three (33) multi-family dwelling units (22% of the total multi-family
units) are located between Carroll Avenue and Crawford Avenue.
Seventeen (17) multi-family dwelling units (12% of the total multi-family
units) are located between Duff Avenue and Carroll Avenue.
E3dsting Land Use of Subject Property. (See Attachment No. 4)
PROPERTY LAND USE ZONING
A. Subject Property Multi-Family Residential R-3
Two-Family Residential R-3 & P-C
Single-Family Residential R-3
Public R-3
B. North of Site Two-Family Residential R1-6
Single-Family Residential R1-6
Cemetery
C. East of Site Agriculture A-1
D. South of Site Commercial G-C
City Utilities G-I
E. West of Site Multi-Family Residential R-3
Two-Family Residential R-3
Single-Family Residential R-3
Commercial P-C & C-C
Occupancy of Subject Property. (See Attachment No. 5)
% of Properties % of D. Units
Owner Occupied: 56% of Properties (75/135); 29% (81/280)
Owner Occupied w/Rental: 10% of Properties (13/135); 10% (27/280)
Rental: 31% of Properties (42/135); 61% (171/280)
Public: 3% of Properties (4/135); N/A
Vacant: 1% of Properties (1/135); < 1% (1/280)
3
Number of Dwelling Units. (See Attachment No. 6)
No. of Dwelling Units % of Total
Multi-Family Residential: 147 53%
Two-Family Residential: 48 17%
Single-Family Residential: 85 30%
Total Dwelling Units: 280 100%
ANALYSIS OF THE SUBJECT AREA BY LAND AREA AND DWELLING
UNITS.
Option #1:
West of Crawford Avenue East of Crawford Avenue
Area:
Single Family 69% 65%
Multiple Family 16% 35%
Public 15% --
Dwelling Units:
Single-Family 65% 28%
Multi-Family 35% 71%
Option #2:
West of Alley East of Alley
Area:
Single-Family 70% 57%
Multi-Family 17% 43%
Public 13% --
Dwelling Units:
Single-Family 67% 20%
Multi-Family 33% 80%
Option #2A: (Consider 722 Crawford, 441 - 6th St. , & 442 - 6th St. as
Multi-Family)
West of Alley East of Alley
Area:
Single-Family 70% 33%
Multi-Family 17% 67%
4
Dwelling Units:
Single-Family 67% 16%
Multi-Family 33% 84%
Land Use Policy Plan (LUPP). The LUPP designates this property as
follows:
Low-Density Residential (RL)
Properties located between East 5th Street, East 9th Street,
Duff Avenue and Crawford Avenue.
Medium-Density Residential (RM)
Properties located east of Crawford Avenue along East 6th
Street.
The present zoning, R-3 (Medium-Density Residential) , allows a maximum
density of 22 dwelling units per acre. The proposed zoning, R-2 (Low-
Density Residential) , would allow a maximum density of 12 dwelling units
per acre.
The following POLICIES for residential development, as found in the LUPP,
apply to this rezoning proposal:
B.1. Goal:
To provide a wide choice of housing types and locations
to serve the residential needs of the present and future
populations.
B.1.1 Policy:
The Land Use Policy Plan will serve as the basis to
provide for functional new developments, conservation
and preservation of existing neighborhoods and the
rehabilitation and/or redevelopment of deteriorating
areas.
- The Planning and Zoning Commission plays a key
role in the review of new developments including
both internal and external land use relationships.
This role places the Commission in the position to
direct that type and quality of new development.
The Commission plays a similar role regarding
existing neighborhoods. Through the recommenda-
tion of modifications in existing ordinances and
approval of redevelopment studies, the Commission
provides direction for preservation and redevelop-
ment efforts.
J
Utilities. Public utilities in this area include the following:
Duff Avenue
Water: There is a 4-inch water main extending between Fifth Street
and Ninth Street. The City plans to reinforce this main in the
future as part of a continuing upgrading of undersized water mains
in the City.
Sanitary Sewer: There is an 8-inch sanitary sewer main in the
center line of Duff Avenue and a 21-inch main along the west side of
Duff Avenue between Fifth and Ninth Streets.
Storm Sewer: There is an 18 inch storm sewer between Fifth and
Sixth Streets, a 24-inch main between Sixth and Seventh Streets, a
21-inch main between Seventh and Ninth Streets.
Carroll Avenue
Water: There is a 6-inch water main between Fifth and Sixth
Streets. The 6-inch water main is reinforced with a 10-inch main
between Sixth Street and Ninth Street.
Sanitary Sewer: South of Fifth Street there is a 4-inch cast iron
pipe which was put in for a house connection. North of Sixth Street
to Ninth Street there is an 8-inch sanitary sewer main.
Story Sewer: The only storm sewer in Carroll Avenue is a 12-inch
main between Seventh and Ninth Streets.
Crawford Avenue
Water: There is a 4-inch water main between Fifth Street and Ninth
Street. This main will be reinforced with an 8-inch water main
within the next year.
Sanitary Sewer: An 8-inch sanitary sewer main is located in Craw-
ford Avenue between Fifth Street and North Street.
Storm Sewer: The only sewer along Crawford is located between
Seventh and Eighth Streets.
East Fifth Street
Water: There is a 14-inch water main between Crawford Avenue to a
point west of the alley between Carroll Avenue and Crawford Ave-
nue. A 12-inch water main exists west of that point to Duff Ave-
nue.
Sanitary Sewer: There is no sanitary sewer in East Fifth Avenue
between Crawford Avenue and Duff Avenue.
Storm Sewer: A 12-inch storm sewer exists between Duff Avenue
and Carroll Avenue.
6
East Sixth Street
Water: There is a 4-inch water main in East Sixth Street between
the end of the cul de sac and Carroll Avenue. The 4-inch main will
be reinforced as part of the continuing upgrading of undersized
mains. That main has been reinforced with a 16-inch main between
the alley located east of Carroll Avenue and Duff Avenue.
Sanitary Sewer: An 8-inch sanitary sewer main is available along
East Sixth Street between the end of East Sixth Street and Duff
Avenue.
Storm Sewer: No storm sewer is located in East Sixth Street.
East Seventh Street
Water: There is a 4-inch water main in East Seventh Street between
Duff Avenue and the end of the street. This 4-inch main will be
upgraded in the future as part of the continuing program to upgrade
undersized water mains.
Sanitary Sewer: An 8-inch sanitary sewer main exists in East
Seventh Street between Duff Avenue and the end of the street.
Storm Sewer: There is a 12-inch storm sewer in the north side of
East Seventh that is between Duff Avenue and Crawford Avenue.
East Ninth Street
Water: There is a 4-inch water main between Maxwell Avenue and
Carroll Avenue. From Carroll Avenue to Duff Avenue there is a
6-inch water main. The 4-inch main will be reinforced in the future
as part of the continuing program to upgrade all undersized water
mains.
Sanitary Sewer: There is a 10-inch and an 8-inch sanitary sewer
between Duff Avenue and Carroll Avenue. Between Carroll Avenue
and Crawford Avenue there is no sanitary sewer main. West of
Crawford Avenue to Maxwell Avenue there is an 8-inch sanitary
sewer main.
Storm Sewer: There is no storm sewer in East Ninth Street.
7
Comparison of Bulk Regulations.
P-C R-2 R-3
(Planned Commercial) (Low-Density Residential) Medium Density Residential)
Lot Area: Council Approved S.F. : 6,000 sq. ft. S.F. : 6,000 sq. ft.
Required T.F. : 7,000 sq. ft. T.F. : 7,000 sq. ft.
Each Additional Unit
Over 2 = 1,800 sq. ft.
Lot Width: Council Approved 35 feet @ street line 35 feet @ street line
Required 50 feet @ building line 50 feet @ building line
Front Yard: Council Approved 25 feet minimum 25 feet minimum
Required
Rear Yard: Council Approved 20 feet minimum 25 feet minimum
Side Yard: Council Approved 6 feet - 1 story 6 feet - 1 story
8 feet - 2 stories 8 feet - 2 stories
10 feet - 3 stories 10 feet - 3 stories
15 feet - street side 12 feet - 4 stories
for corner lot 20 feet - street side
for corner lot
Max. Height: Council Approved 3 stories or 40 feet 4 stories or 50 feet
Required
Conclusions. City staff believes there are five (5) options to consider for
the rezoning of this area.
The two (2) options, as described in the "Analysis" section and as shown
on Attachments 7 and 8, propose the following zoning district boundaries:
Option No. 1
West of Crawford Avenue: R-2
East of Crawford Avenue: R-3
(See map attached as Option 1)
Option No. 2
Properties West of Crawford Avenue,
Properties Fronting on Crawford Avenue, and 312 - 6th St: R-2
Properties East of the Above Described
Properties and 722 Crawford Avenue: R-3
(See map attached as Option 2)
8
Staff believes that Option No. 2 is the preferred option for the rezoning of
the subject area, for the following reasons:
1. Option No. 2 would bring the subject area into conformance
with the Land Use Policy Plan Map.
2. Locating the "zoning line" between R-3 and R-2 east of the
properties fronting on Crawford Avenue allows properties on
each side of the street to have similar permitted land uses.
(Rules for Districting as preferred by the Planning and Zoning
Commission.)
3. The property at 722 Crawford should remain in the R-3 zoning
district, since it is impractical to consider this property as
suitable for development as a two-family, or as a single-family
residence.
4. Option 2A shows that the land area, as well as the percentage
of dwelling units that exist in the area east of the alley is
predominantly multi-family land use.
Option No. 9
Properties West of Duff Avenue, South of East Ninth Street and
North of East Fifth Street Excluding the Cemetary and the City-
Owned Property Along East Fifth Street: R-2
(See map attached as Option 3)
Option No. 4:
Subject Properties Remain Zoned as Currently Zoned: R-3
(See map attached as Option 4)
Option No. 11:
Property at 601 Carroll Zoned: P-C
Properties West of Crawford Avenue and the Properties Fronting on
the East Side of Crawford Avenue, as well as 312 Sixth Street,
Excluding 722 Crawford Avenue Zoned: R-2
Properties East of the Above-Described Properties, Including 722
Crawford Avenue Zoned: R-3
(See map attached as Option 5)
City has conducted research to determine which, if any properties would
becoming nonconforming by rezoning the properties in this area to R-2.
Five properties would become non-conforming if this area west of Crawford
were to be rezoned to R-2.
9
If it is found that certain properties become nonconforming by the pro-
posed rezoning, the following would apply:
A nonconforming use could not be enlarged, extended, reconstructed,
moved on the property, or structurally altered, unless the use is changed
to a use permitted in the district. If any such nonconforming use of a
structure ceases for any reason for a period of one (1) year, any subse-
quent use of such structure shall conform to the zoning district regula-
tions.
In addition, any structure lawfully devoted to a nonconforming use that is
destroyed by any means to the extent of sixty (60) percent or more of its
replacement cost at the time of destruction, shall not be reconstructed,
except in conformity with the zoning ordinance. This means the noncon-
forming use of the structure would not be allowed to continue.
ALTERNATIVES:
1. The City Council can approve of the request to rezone the subject
properties from R-3 to R-2 as shown in Option 3 and set October 23,
1990 as the date of public hearing on this request.
2. The City Council can deny approval of the request to rezone the
subject properties from R-3 to R-2 and leave the subject properties
zoned R-3 as shown in Option 4. The City Council must also set
October 23, 1990 as the date of public hearing on this request.
3. The City Council can approve of the rezoning of the properties in
this area as set forth in Option 1 and set October 23, 1990 as the
date of public hearing on this issue.
4. The City Council can approve of the rezoning of the properties in
this area as set forth in Option 2 and set October 23, 1990 as the
date of public hearing on this issue.
5. The City Council can approve of the rezoning of the properties in
this area as set forth in Option 5 and set October 23, 1990 as the
date of public hearing on this issue.
MANAGER'S RECOMMENDED ACTION:
It is the recommendation of the City Manager that the City Council adopt
Alternative #5. This will approve of the rezoning as set forth in Option 5
and set October 23, 1990 as the date of public hearing on this issue.
y\bpo\caf\east-5th.o09