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HomeMy WebLinkAboutZ-4366-A Staff AnalysisJuly 11, 1989 Item No. 9 - Z -4366-A Owner: Applicant: Location: Request: Purpose: Size: Existing Use: Phoenix Builders White-Daters & Associates by Timothy E. Daters West 26th Street & Walker Street Rezone from "R-2" to "R-3" Single family 3.7 acres Vacant SURROUNDING LAND USE AND ZONING: North - Vacant and single family, zoned 1113-2" South - Single family, zoned "R-2" East - Single family, zoned "R-2" West - Vacant and single family, zoned "R-2" STAFF ANALYSIS: The proposal is to rezone 3.7 acres on Walker Street from "R-2" to "R-3" and subdivide the land into 22 lots. An "R-3" reclassification is being requested because a majority of the proposed lots will be 50 feet and 53 feet wide which does not meet the minimum lot width standard for "R-2." In the "R-2" district, the minimum lot width is 60 feet with a lot area of 7,000 square feet. The revised plat shows fourteen 50 foot lots, six 53 foot lots and two 70 foot lots. Zoning in the general vicinity is all residential, being either "R-2" or "R-4." To the south of West 28th Street there is a large area, the John Barrow neighborhood, that is zoned "R-3." The land use is almost exclusively single family with some duplexes located to the north on Walker Street. A significant public use found in the area is the Parkview High School which is located to the west. A percentage of the land is still vacant, especially on the west side of Walker Street. July 11, 1989 Item No. 9 - Z -4366-A {Continued} In the surrounding neighborhoods, the base zoning is "R-2" but the lot sizes vary as do the types and sizes of the existing residential uses. In the John Barrow neighborhood, two blocks to the south, there are a number of lots that are less than 50 feet, so it can be argued that there is no established development pattern in the area. Recently, there have been several smaller single family residences constructed in the low to middle price range, and it does not appear that they have had an impact on the neighborhood. The units have been built north and south of West 28th Street. In 1984, an "R-4" request was filed for the property in question. The rezoning was supported by the Staff and endorsed by the Planning Commission but denied by the City Board of Directors. There was strong opposition from the residents of the surrounding neighborhoods and a petition with 131 signatures opposed to the "R-4" rezoning was submitted to the Planning Commission. What is being proposed with the request is a reasonable option for the land, and Staff supports the 1113-3" rezoning. Creating smaller lots should not dramatically affect the neighborhood, and the difference in the density between "R-2" and "R-3" is not that significant. If the property remains "R-2" and is subdivided fbr single family development, there would be two or three fewer lots that what the proposed "R-3" zoning permits. As with any rezoning change neighborhood, the residents impacts or changes and this help minimize any potential should be incorporated into help protect the established within a residential are always concerned with request is no different. To impact, certain design elements the plat to accomplish this and neighborhood. Through traffic in a neighborhood can be a disruptive influence to its residents. To address this potential problem, it is recommended that the street serving the proposed lots be terminated with a cul-de-sac to avoid a connection from Walker Street to the existing Elkhart Drive. This has been achieved through a revised plat which now shows a cul-de-sac for the new street. By cul-de-sacing the street, a buffer is also provided between the smaller lots and the existing "R-2" development to the south. Another July 11, 1989 Item No. 9 - Z -4366-A (Continued) ........................................... method of providing additional buffering is to preserve as many of the trees as possible along the perimeter of the proposed development and this can be achieved through a provision in the rezoning and a restriction in the Bili of Assurance for the subdivision. The developer has agreed to this requirement. ENGINEERING COMMENTS: None reported. STAFF RECOMMENDATION: Staff recommends approval of the "R-3" rezoning conditioned upon the rezoning ordinance and the Bill of Assurance for the plat providing for a 25 foot green strip along West 26th Street wherein all trees 4" or larger in caliper (measured one foot above ground level) shall be retained. PLANNING COMMISSION ACTION: (July 11,-1989) (Item No. F, the preliminary plat, and Item No. 9 were discussed together.) The applicant, Joe White, was present. There were several interested residents in attendance. Richard Wood of the Planning Staff discussed the proposed plat and indicated that the revised plat appeared to address all of the concerns of the neighborhood. Joe White spoke briefly and agreed to the various recommendations. James Minor, representing Elkhart Drive, Elkart Court and West 26th Street, then addressed the Commission. Mr. Minor read a statement and said that the developer has made some concessions and the neighborhood was withdrawing its Opposition to the rezoning and subdivision plat. He reviewed the concessions which included: (1) a six font privacy fence along West 26th Street, to be erected prior to construction; (2) a 25 foot buffer strip on West 26th Street and a Bill of Assurance to prohibit future homeowners from cutting down the trees or the fence; (3) a no access easement on the rear lots on West 26th Street; and (4) curb and gutter on the north side of West 26th Street. Mr. Minor then submitted the written statement to the Planning Commission. A motion was made to recommend approval of "R-3" subject to conditions as outlined by Staff. The motion was approved by a vote of 6 ayes, 0 nays and 5 absent.