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HomeMy WebLinkAboutZ-4348 Staff AnalysisDecember 18, 1984 Item No. G - Z-4348 Owner: First Federal Service Corporation Applicant: John A. Castin Location: East End of Tall Timber Blvd. Request: Rezone from "R-2" Single Family to "R-3" Single Family Purpose: Single Family Size: 30.18 acres Existing Use: Vacant SURROUNDING LAND USE AND ZONING: North - Vacant, Zoned "R-2" South - Vacant and Single Family, Unclassified East - Hindman Park, Zoned "R-2" West - Vacant and Single Family, Zoned "R-2" PLANNING CONSIDERATIONS: 1. The proposal is to rezone approximately 30 acres to "R-3" which is the City's small lot single family district. In the "R-3" district, the minimum lot area is 5,000 square feet vs. 7,000 square feet in the "R-2." The minimum lot depth of 100 feet is the same in both "R-2" and "R-3," but the minimum lot width is 60' in "R-2" and 50' in "R-3." In addition to those differences, two family residences are permitted as a conditional use in the "R-3" district, but the minimum lot size is 7,000 square feet. The Zoning Ordinance states that the "R-3" district is "established an order to provide for an appropriate district for the existing developed areas occupied by smaller scale single family housing, and it is intended that this district be utilized for new construction only within the existing urban area and especially for infill development." It can be questioned as to whether the land being considered for rezoning is within the existing developed urban area. From the staff's viewpoint, this does not appear to be a major issue, but needed to be mentioned. Normally, the existing "R-3" areas are found to the east of University. To the north of this area, much of what is considered the John Barrow neighborhood, is zoned "R-3." The 30 acre tract is adjacent to a partially developed subdivision so it can December 18, 1984 Item No. G - Continued be argued that the location is not totally removed from the existing developing urban area. The "R-3" district could also be viewed as one method for providing affordable housing because of the small lot provision, and this is something that the City has been trying to encourage recently. 2. The entire site is vacant and wooded with some slope to it. The land increases in elevation from north to south. The property on the north side of what would be the extension of Tall Timber Blvd. has some floodway and floodplain involvement. 3. There are no right-of-way requirements or Master Street Plan issues associated with this request. 4. There have been no adverse comments received from the reviewing agencies as of this writing. 5. There are no legal issues. 6. Based on the calls that staff has received from the residents in the existing Pecan Lake Subdivision, there is significant neighborhood opposition to the proposed 11R-3" rezoning. There is no documented history on the site. 7. Staff does not feel that an "R-3" rezoning for this type of an area is inappropriate and supports the request. It does not appear that the rezoning will significantly impact the "R-2" subdivision to the west because of a similar platting arrangement and the proposed lots are larger than the "R-3" minimum. There are some issues that should be resolved prior to final action being taken on the rezoning request. The most significant one is the status of the property north of the extension of Tall Timber Blvd. The Master Parks Plan identifies that area as proposed park land. The City's Park Department will provide additional information on this issue at a later date. Staff's position is that the area included on the Parks Plan should be left unplatted and made part of the City's parks system through whatever mechanism is feasible. Also, the floodway/floodplain is involved with this tract north of the Tall Timber Blvd. extension. A preliminary plat has been filed for the west 5.5 acres only and not the entire 30 acres as required by the Subdivision Ordinance. The Subdivision Ordinance states that a preliminary plat be filed for all land December 18, 1984 Item No. G - Continued under one ownership. This allows review of the proposal including general design considerations. A consider at this time is to only for which a plat has been filed o type of plat be presented for all STAFF RECOMMENDATION: a more thorough circulation and possible option to rezone the 5.5 acres r request that some 30 acres. Staff recommends approval of the request subject to the resolutions of the issues identified in staff analysis. PLANNING COMMISSION ACTION: The applicant, Jack Castin, was present and representing the owner, First Federal Service Corporation. There were a number of persons in attendance opposing the requested rezoning. Mr. Castin spoke and stated that the plans were to only have single family homes. He then presented a map and discussed the preliminary plat for 5.5 acres which is to be the first phase. Mr. Castin stated that none of the property was in the floodway and that they would consider deleting the area in the floodplain from the "R-3" request. This land north of Tall Timber Boulevard extension could possibly be made available to the City for use as a park Mr. Castin indicated. He then went on to say if the "R-3" zoning was accomplished, lots would be approximately 20 percent less than lots in an "R-2" subdivision. Sarah Bradshaw of the adjoining Pecan Lake development requested the Planning Commission to postpone action on the request until the Property Owners' Association had more time to review the proposal. She went on to say that there was a petition with 250+ signatures opposed to the request, and her concerns were lower property values, smaller lots than in the existing subdivision, duplexes were permitted as a conditional use in "R-3" and increased traffic. Mr. James McLeod, president of the Property Owners' Association spoke against the rezoning and presented the petition to the Planning Commission. Mr. Harley stated that he was opposed to anything less than "R-2" zoning. Ed Billings was concerned with an orderly development, the quality of life and property values in the existing subdivision. He also expressed a number of uncertainties with the proposal. Ernie Matkin of Superior Federal was concerned with possible duplexes and voiced some objection to the "R-3" proposal because of that possibility. Mr. Castin spoke again and indicated that Tall Timber Boulevard was a collector on December 18, 1984 Item No. G - Continued the Master Street Plan. He said in the first phase, 5.5 acres, 21 lots were platted with an average lot size of 6,000 square feet. He also indicated that there would be approximately 160 lots in the entire development. Mr. Castin said that he could not make any assurances that there would not be any duplexes in the remaining 25 acres. There was a lengthy discussion about the total number of units that could be developed in an "R-2" project versus an "R-3" development. Mr. Castin said that the owners could accept the rezoning to "R-3" on only the first phase and suggested that additional time for further study of certain issues might be beneficial. After more comments, a motion was made to defer the Item to the December 18, 1984, meeting. Mr. Castin agreed to the deferral. The motion passed by a vote of 8 ayes, 0 noes, 2 absent and 1 abstention (Richard Massie). PLANNING COMMISSION ACTION: (12/18/84) The applicant, Jack Castin, was present. There was one objector present. Mr. Castin spoke and discussed the preliminary plat and the proposed rezoning plat. He also indicated that the Parks Department's proposal for park land was 150' from the centerline of Brodie Creek. James McCleod, president of the Pecan Lake Property Owners Association, addressed the Commission and said that they were still totally opposed to the rezoning. Mr. McCleod again described the objections that were mentioned at the previous hearing such as impact on property values and duplexes being a conditional use in the "R-3" district. After additional comments, the Planning Commission voted to recommend approval of the request subject to the Parks Department approval. The vote: 9 ayes, 0 noes, 0 absent and 1 abstention (Richard Massie). October 30, 1984 Item No. 14 - Z-4348 Owner: First Federal Service Corporation Applicant: John A. Castin Location: East End of Tall Timber Blvd. Request: Rezone from "R-2" Single Family to "R-3" Single Family Purpose: Single Family Size: 30.18 acres Existing Use: Vacant SURROUNDING LAND USE AND ZONING: North - Vacant, Zoned "R-2" South - Vacant and Single Family, Unclassified East - Hindman Park, Zoned "R-2" West - Vacant and Single Family, Zoned "R-2" PLANNING CONSIDERATIONS: 1. The proposal is to rezone approximately 30 acres to "R-3" which is the City's small lot single family district. In the "R-3" district, the minimum lot area is 5,000 square feet vs. 7,000 square feet in the "R-2." The minimum lot depth of 100 feet is the same in both "R-2" and "R-3," but the minimum lot width is 60' in "R-2" and 50' in "R-3." In addition to those differences, two family residences are permitted as a conditional use in the "R-3" district, but the minimum lot size is 7,000 square feet. The Zoning Ordinance states that the "R-3" district is "established an order to provide for an appropriate district for the existing developed areas occupied by smaller scale single family housing, and it is intended that this district be utilized for new construction only within the existing urban area and especially for infill development." It can be questioned as to whether the land being considered for rezoning is within the existing developed urban area. From the staff's viewpoint, this does not appear to be a major issue, but needed to be mentioned. Normally, the existing "R-3" areas are found to the east of University. To the north of this area, much of what is considered the John Barrow neighborhood, is zoned "R-3." The 30 acre tract is adjacent to a partially developed subdivision so it can October 30, 1984 Item No. 14 - Continued be argued that the location is not totally removed from the existing developing urban area. The "R-3" district could also be viewed as one method for providing affordable housing because of the small lot provision, and this is something that the City has been trying to encourage recently. 2. The entire site is vacant and wooded with some slope to it. The land increases in elevation from north to south. The property on the north side of what would be the extension of Tall Timber Blvd. has some floodway and floodplain involvement. 3. There are no right-of-way requirements or Master Street Plan issues associated with this request. 4. There have been no adverse comments received from the reviewing agencies as of this writing. 5. There are no legal issues. 6. Based on the calls that staff has received from the residents in the existing Pecan Lake Subdivision, there is significant neighborhood opposition to the proposed 11R-3" rezoning. There is no documented history on the site. 7. Staff does not feel that an "R-3" rezoning for this type of an area is inappropriate and supports the request. It does not appear that the rezoning will significantly impact the "R-2" subdivision to the west• because of a similar platting arrangement and the proposed lots are larger than the "R-3" minimum. There are some issues that should be resolved prior to final action being taken on the rezoning request. The most significant one is the status of the property north of the extension of Tall Timber Blvd. The Master Parks Plan identifies that area as proposed park land. The City's Park Department will provide additional information on this issue at a later date. Staff's position is that the area included on the Parks Plan should be left unplatted and made part of the City's parks system through whatever mechanism is feasible. Also, the floodway/floodplain is involved with this tract north of the Tall Timber Blvd. extension. A preliminary plat has been filed for the west 5.5 acres only and not the entire 30 acres as required by the Subdivision Ordinance. The Subdivision Ordinance states that a preliminary plat be filed for all land October 30, 1984 Item No. 14 - Continued under one ownership. This allows a more thorough review of the proposal including circulation and general design considerations. A possible option to consider at this time is to only rezone the 5.5 acres for which a plat has been filed or request that some type of plat be presented for all 30 acres.. STAFF RECOMMENDATION: Staff recommends approval of the request subject to the resolutions of the issues identified in staff analysis. PLANNING COMMISSION ACTION: The applicant, Jack Castin, was present and representing the owner, First Federal Service Corporation. There were a number of persons in attendance opposing the requested rezoning. Mr. Castin spoke and stated that the plans were to only have single family homes. He then presented a map and discussed the preliminary plat for 5.5 acres which is to be the first phase. Mr. Castin stated that none of the property was in the floodway and that they would consider deleting the area in the floodplain from the "R-3" request. This land north of Tall Timber Boulevard extension could possibly be made available to the City for use as a park Mr. Castin indicated. He then went on to say if the "R-3" zoning was accomplished, lots would be approximately 20 percent less than lots in an "R-2" subdivision. Sarah Bradshaw of the adjoining Pecan Lake development requested the Planning Commission to postpone action on the request until the Property Owners' Association had more time to review the proposal. She went on to sa-y that there was a petition with 250+ signatures opposed to the request, and her concerns were lower property values, smaller lots than in the existing subdivision, duplexes were permitted as a conditional use in "R-3" and increased traffic. Mr. James McLeod, president of the Property Owners' Association spoke against the rezoning and presented the petition to the Planning Commission. Mr. Harley stated that he was opposed to anything less than "R-2" zoning. Ed Billings was concerned with an orderly development, the quality of life and property values in the existing subdivision. He also expressed a number of uncertainties with the proposal. Ernie Matkin of Superior Federal was concerned with possible duplexes and voiced some objection to the "R-3" proposal because of that possibility. Mr. Castin spoke again and indicated that Tall Timber Boulevard was a collector on October 30, 1984 Item No. 14 - Continued the Master Street Plan. He said in the first phase, 5.5 acres, 21 lots were platted with an average lot size of 6,000 square feet. He also indicated that there would be approximately 160 lots in the entire development. Mr. Castin said that he could not make any assurances that there would not be any duplexes in the remaining 25 acres. There was a lengthy discussion about the total number of units that could be developed in an "R-2" project versus an "R-3" development. Mr. Castin said that the owners could accept the rezoning to "R-3" on only the first phase and suggested that additional time for further study of certain issues might be beneficial. After more comments, a motion was made to defer the item to the December 18, 1984, meeting. Mr. Castin agreed to the deferral. The motion passed by a vote of 8 ayes, 0 noes, 2 absent and 1 abstention (Richard Massie). December 18, 1984 Item No. G - Z-4348 Owner: Applicant: Location: Request: Purpose: Size: Existing Use: First Federal Service Corporation John A. Castin East End of Tall Timber Blvd. Rezone from "R-2" Single Family to "R-3" Single Family Single Family 30.18 acres Vacant SURROUNDING LAND USE AND ZONING: North - Vacant, Zoned "R-2" South - Vacant and Single*Family, Unclassified East - Hindman Park, Zoned "R-2" West - Vacant and Single Family, Zoned "R-2" PLANNING CONSIDERATIONS: 1. The proposal is to rezone approximately 30 acres to "R-3" which is the City's small lot single family district. In the "R-3" district, the minimum lot area is 5,000 square feet vs. 7,000 square feet in the "R-2." The minimum lot depth of 100 feet is the same in both "R-2" and "R-3," but the minimum lot width is 60' in "R-2" and 50' in "R-3." In addition to those differences, two family residences are permitted as a conditional use in the "R-3" district, but the minimum lot size is 7,000 square feet. The Zoning Ordinance states that the "R-3" district is "established an order to provide for an appropriate district for the existing developed areas occupied by smaller scale single family housing, and it is intended that this district be utilized, for new construction only within the existing urban area and especially for infill development." It can be questioned as to whether the land being considered for rezoning is within the existing developed urban area. From the staff's viewpoint, this does not appear to be a major issue, but needed to be mentioned. Normally, the existing "R-3" areas are found to the east of University. To the north of this area, much of what is considered the John Barrow neighborhood, is zoned "R-3." 'The 30 acre tract is adjacent to a partially developed subdivision so it can December 18, 1984 Item No. G - Continued be argued that the location is not totally removed from the existing developing urban area. The "R-3" district could also be viewed as one method for providing affordable housing because of the small lot provision, and this is something that the City has been trying to encourage recently. 2. The entire site is vacant and wooded with some slope to it. The land increases in elevation from north to south. The property on the north side of what would be the extension of Tall Timber Blvd. has some floodway and floodplain involvement. 3. There are no right-of-way requirements or Master Street Plan issues associated with this request. 4. There have been no adverse comments received from the reviewing agencies as of this writing. 5. There are no legal issues. 6. Based on the calls that staff has received from the residents in the existing Pecan Lake Subdivision, there is significant neighborhood opposition to the proposed "R-3" rezoning. There is no documented history on the site. 7. Staff does not feel that an "R-3" rezoning for this type of an area is inappropriate and supports the request. It does not appear that the rezoning will significantly impact the "R-2" subdivision to the west because of a similar platting arrangement and the proposed lots are larger than the "R-3" minimum. There are some issues that should be resolved prior to final action being taken on the rezoning request. The most significant one is the status of the property north of the extension of Tall Timber Blvd. The Master Parks Plan identifies that area as proposed park land. The City's Park Department will provide additional information on this issue at a later date. Staff's position is that the area included on the Parks Plan should be left unplatted and made part of the City's parks system through whatever mechanism is feasible. Also, the floodway/floodplain is involved with this tract north of the Tall Timber Blvd. extension. A preliminary plat has been filed for the west 5.5 acres only and not the entire 30 acres as required by the Subdivision Ordinance. The Subdivision Ordinance states that a preliminary plat be filed for all land December 18, 1984 Item No. G - Continued under one ownership. This allows review of the proposal including general design considerations. A consider at this time is to only for which a plat has been filed o type of plat be presented for all STAFF RECOMMENDATION: a more thorough circulation and possible option to rezone the 5.5 acres r request that some 30 acres. Staff recommends approval of the request subject to the resolutions of the issues identified in staff analysis. PLANNING COMMISSION ACTION: The applicant, Jack Castin, was present and representing the owner, First Federal Service Corporation. There were a number of persons in attendance opposing the requested rezoning. Mr. Castin spoke and stated that the plans were to only.have single family homes. He then presented a map and discussed the preliminary plat for 5.5 acres which is to be the first phase. Mr. Castin stated that none of the property was in the floodway and that they would consider deleting the area in the floodplain from the "R-3" request. This land north of Tall Timber Boulevard extension could Possibly be made available to the City for use as a park Mr. Castin indicated. He there went on to say if the "R-3" zoning was accomplished, lots would be approximately 20 percent less than lots in an "R-2" subdivision. Sarah Bradshaw of the adjoining Pecan Lake development requested the Planning Commission to postpone action on the request until the Property Owners' Association had more time to review the proposal. She went on to say that there was a Petition with 250+ signatures opposed to the request, and her concerns were lower property values, smaller lots than in the existing subdivision, duplexes were permitted as a conditional use in "R--3" and increased traffic. Mr. James McLeod, president of the Property Owners' Association• spoke against the rezoning and presented the petition to the Planning Commission. Mr. Harley stated that he was opposed to anything less than "R-2" zoning. Ed Billings was concerned with an orderly development, the quality of life and property values in the existing subdivision. He also expressed a number of uncertainties with the proposal. Ernie Matkin of Superior Federal was concerned with possible duplexes and voiced some objection to the "R-3" proposal because of that possibility. Mr. Castin spoke again and indicated that Tall Timber Boulevard wasa collector on December 18, 1984 Item No. G - Continued the Master Street Plan. He said in the first phase, 5.5 acres, 21 lots were platted with an average lot size of 6,000 square feet. He also indicated that there would be approximately 160 lots in the entire development. Mr. Castin said that he could not make any assurances that there would not be any duplexes in the remaining 25 acres. There was a lengthy discussion about the total number of units that could be,developed in an 11R-2" project versus an "R-3" development. Mr. Castin said that the owners could accept the rezoning to 11R-3" on only the first phase and suggested that additional time for further study of certain issues might be beneficial. After more comments, a motion was made to defer the item to the December 18, 1984, meeting. Mr. Castin agreed to the deferral. The motion passed by a vote of 8 ayes, 0 noes, 2 absent and 1 abstention (Richard Massie). PLANNING COMMISSION ACTION: (12/18/84) The applicant, Jack Castin, was present. There was one objector present. Mr. Castin spoke and discussed the preliminary plat and the proposed rezoning plat. He also indicated that the Parks Department's proposal for park land was 150' from the centerline of Brodie Creek. James McCleod, president of the Pecan Lake Property Owners Association, addressed the Commission and said that they were still totally opposed to the rezoning. Mr. McCleod again described the objections that were mentioned at the previous hearing such as impact on property values and duplexes being a conditional use in the 11R-3" district. After additional comments, the Planning Commission voted to recommend approval of the request subject to the Parks Department approval. The vote: 9 ayes, 0 noes, 0 absent and 1 abstention (Richard Massie).