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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 1 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. 2 Attachment A LUPP Future Land Use Map ', TRAIL-RIDGE CIR L� w-De si iz si�er�Clal 0 High-Density Residential _ oR wesraRooKDR r 4 LINCO LN WAY 'LINGO LN WAY LINGO LN-WAYa- �-LINGO LN-WAY— - _ _ LINCOLN-WAY Qriented Commercial as"`\N� Co N o H gl . er ial w «N oLN SwrNc•High-Density Resirinn4al ' in O r7, D DR @ t —I rLf GMN,RD � _J � aPoEffrow Orr w cn OI r w O a? G w O _ nL� — APLIN RD APLIN RD I � � Z � 4 Q ---- ¢ - w off. N __1.1 - •W �j� �a� I Y + 1 9a i`• z -MARIGOLD DR i _ o Low-Density Residential '— la e u an e I e tia� Land Use Policy Plan Map r• II IIIII ?IIII 40NJ Feet 3 Attachment B Existing Zoning F- T D F-PRD - WBSTBROOK-DR—WESTBROOK-DR— r RL te !' o O Y _V x LINCOLN WAY LINCOLN WAY LINCOLN WAY LINCOLN-WAY C LINCOLN-WAV + w HOC r w r cA� H O C SWI ---------------- NG—LrN COLN.S GN SWING- uwco wrrac m _f m J O O W m `a a m a TODD-DR--- TODD DR - BAUGHMAN-RD— rr — -- � m V R w m x O Q w O rr w Q APLIN-R❑ APLIN-RD ° m � W co � o - w w m S-GA FS IR-L -MARIGOLD DR- -w wEE) Existing Zoning Map N 0 100 200 400 Feet 4 Attachment C Proposed Zoning ------------- WE�'STBROOK OR WESTBROOK DR LINCOLN WAY LINCOLN WAY LINCOLN WAY LIN CO LNr WAY o LINCOLN WAY= ca 0,4CO fe Lr COLN SWrNo k-0 —TO D-DR TODD DR BAUGHMAN RD rc 2 At, w -XV4 APLIN RD— APLIN RD ca r-H >' —MA RIGOLD DR— T I I F Proposed Zoning Map 0 100 200 400 �Feet