HomeMy WebLinkAboutA005 - Council Action Form dated July 23, 2013 ITEM #: 31 a&b
DATE: 07-23-13
COUNCIL ACTION FORM
SUBJECT: REZONING OF A PORTION OF 4130 LINCOLN SWING FROM
RESIDENTIAL LOW DENSITY TO RESIDENTIAL HIGH DENSITY
BACKGROUND:
GW College Park, LLC submitted a rezoning request for the property at 4130 Lincoln
Swing. The property's current use is a mobile home park. The owner is considering a
redevelopment of the site to high density apartments.
The City Council initially considered the rezoning application on June 25, 2013. At that
June 25t" meeting, the Council left the public hearing open to allow staff to work
out an agreement for the rezoning with the applicant. The Council requested that
there be a minimum six months notice time for the residents of the mobile home
park prior to closing the mobile home park for redevelopment. The City Attorney
has drafted and the applicant has signed the proposed agreement which is including for
your review. If the Council agrees with the Contract Rezoning Agreement, the
Council will need to approve the resolution for the agreement and then can
approve the first reading of the ordinance to rezone the "RL" Residential Low
Density portion of 4130 Lincoln Swing to "RH" Residential High Density.
Based on the Land Use Policy Plan, the property (3.77 acres total) carries a split land
use designation, with the north half of the lot being designated within the general high
density residential land use classification, while the south half is generally designated as
low density residential land use. See Attachment A.
The property also has a split zoning designation, with a majority (3.15 acres) of the lot
being zoned Residential High Density. A small portion (.62 acres) of the lot along the
southern boundary is zoned Residential Low Density. See Attachment B. Based on
the Zoning Code, when a property contains spilt zoning designations, the
property must be developed based on the most restrictive zoning designation,
which in this case is low density residential. The owner would like to eventually
redevelop the property into apartments, which by zoning designation would
require a residential high density designation. The request is to rezone the south
portion of the property from "RL" Residential Low Density to "RH" Residential High
Density. See Attachment C.
Justification could be given for either of the land use designations and zoning districts
identified for the property, since there are predominately high density uses along Lincoln
Swing and single family residences to the south. However, the Residential High
Density zone is more in line with the abutting properties in the area and fronting
on Lincoln Swing. Also, the area zoned RL on the property could not be
subdivided and left as a remaining RL property, since the potential lot would not
have any frontage on a public street. Staff's analysis of the request leads to a
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conclusion that rezoning the lot to High Density Residential is consistent with the
Land Use Policy Plan and the current zoning designation within the surrounding
area. Furthermore, there are no other issues that would preclude the use of this
property for redevelopment within the high density residential classification.
The Planning and Zoning Commission, by a vote of 4 to 1, recommended that the City
Council approve the request to change the zoning designation on the south portion of
the property from Low Density Residential to High Density Residential. Several
members of the community spoke against the rezoning request. Concerns expressed
focused on the impact and uncertainty of a possible redevelopment of the site and a
decrease in affordable housing options within the City.
ALTERNATIVES:
1. If the City Council agrees with the Contract Rezoning Agreement, the City Council
can approve the resolution for the agreement, and then can approve the first reading
of the ordinance to rezone the south .62 acres of the property at 4130 Lincoln Swing
from "RL" (Residential Low Density) to "RH" (Residential High Density).
2. The City Council can deny the request for rezoning a portion of the property at 4130
Lincoln Swing.
3. Action on this request can be postponed and referred back to City staff and/or the
applicant for additional information.
MANAGER'S RECOMMENDED ACTION:
A review of the Land Use Policy Plan's future land use map indicates that both
Residential High Density and Residential Low Density land uses have been
contemplated for this area. The majority of properties fronting on Lincoln Swing are
zoned to be in line with the Residential High Density land use classification that prevails
along Lincoln Swing. There are no outstanding issues of utilities, traffic, or access that
would preclude the use of this site for uses allowed in the high density district. After
discussion at the last hearing the applicant has agreed to the six month notice
requirement.
Therefore, it is the recommendation of the City Manager that the City Council accept
Alternative #1, thereby approving the request to rezone a portion of the land located at
4130 Lincoln Swing from "RL" (Residential Low Density) to "RH" (Residential High
Density), with agreement that the applicant give six months notice to all tenants prior to
closing of the mobile home park for redevelopment.
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Attachment A
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Attachment C
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