HomeMy WebLinkAbout4 - Rezoning
To: Planning Commission
From: Justin Fortney, City Planner
Date: January 13, 2020
Item: Comprehensive Plan Amendment and Rezoning R-1 to R-3 – 1450 4th Street West
Planning Commission Action Requested:
Hold a public hearing and review a request to rezone property from R-1, Low Density
Residence to R-3, Medium-High Density Residence. The Planning Commission is asked to
make a recommendation to the City Council on both items.
Background Information:
After rezoning the entire site, the applicant (Shepard of the Valley Lutheran Church),
intends to sell approximately two acres of the eastern half to a land developer for the
development of townhomes that are consistent with the surrounding area. The applicant’s
concept plan illustrates what could be developed on the site. However, there are any
number of products and configurations besides the applicant’s general concept plan.
When approached by the applicants for direction on the proposal to sell some of their land,
staff commented that it may be prudent to locate a potential developer prior to rezoning. It
is common for a potential developer to place a contingent offer on a property along with
presenting the city with the proposed development plans.
While, approval of a zoning request cannot be conditioned on a plan that is presented by an
applicant or potential developer, it does present the city and neighborhood with the
developers’ intensions. Additionally, it provides the developer assurance that the proposed
zoning is adequate for their intended product and design.
The applicant has requested the entire site to be rezoned to R-3 to provide design flexibility
to a developer as the exact extent of land to be sold could vary slightly due to a developer’s
proposal. The applicant has stated: They have no intension to discontinue church
operations and even if that were to become a future reality, the highest and best use of the
lot and building is as a church and not townhomes, so full redevelopment is not our purpose
or secondary option.
The applicant is willing to amend the application to leave the church zoned R-1. Doing so
may require a future rezoning request if a potential developer sought some additional
property beyond what is proposed for sale to make their development fit the site.
Planning Commission Memorandum
Comprehensive Plan Classification
The property is guided as Institutional in the 2030 Comprehensive Plan. Although churches
are allowed in virtually all zoning districts, they fit best into the institutional district. A few
years ago, the applicant applied for a rezoning to PI - Public Institutional. This was to
facilitate a secondary use of the site as a fitness center. The rezoning was denied and the
fitness center proposal was modified to fit as an allowed accessory use. Reasons for the
rezoning denial may have been related to neighborhood concerns of an intensely used
fitness center or other possible uses allowed in the PI district (government buildings,
hospitals, education facilities, community gymnasiums and fitness centers)
The surrounding area is guided as medium density residential. Although the site is guided
as Institutional, it is reasonable to amend the guided use of the vacant east half consistent
with the surrounding area. Additionally, since the neighborhood and City Council had
concerns with the site being zoned Public Institutional, as currently guided, re-guiding the
entire site including the church to R-3, Medium Density may be more inline with our actions
and visions for the property.
Zoning Classification
The property is currently zoned R-1, Low Density Residence, which allows single-family
homes, schools, parks, and churches. This low-density designation is not consistent with
the residential density of the area and likely not a prime site for large lot single family
development, due to the surrounding townhome developments and location.
If the property were rezoned to R3, Medium-High Density Residence, essentially the same
uses would be allowed, but with higher density, including multi-family dwellings. The zoning
ordinance would allow up to 17 townhomes on two acres. This density would likely not be
achievable due to the shape of the site, necessary road(s) and stormwater requirements.
Based on their concept plan and area developments, they could likely fit between 10 and 14
homes. The current R-1 zoning would allow half as many homes.
Adjacent Zoning and Land Use
The following land uses abut the property:
Direction Use Comp Plan District Zoning District
North Townhomes High Density R-3
East Townhomes Medium Density R-3
South Townhomes Medium Density R-3
West Townhomes Medium Density R-3
Zoning Map
Notice
Property owners within 350-feet were notified of the proposed rezoning. Staff received the
attached letter.
Recommended Action:
Staff finds no issues with amending the future land use plan to medium density and
rezoning the property to R-3. All abutting properties are zoned R-3. The zoning of the
church has no impact on its current use.
Attachments:
• Site Photos
• Aerial Map
• Draft Concept Proposal
PI
R-1
R-3
R-2
Site Photos
Aerial Map
Applicant Concept Plan
Letter from Neighbor