PC meeting 06/22/05

ITEM NO 16:            M-1 TO RO-2; 1.004 ACRE; 19TH & BULLENE AND BULLENE AND HOMEWOOD (LAP)

 

Z-05-33-05:  A request to rezone a tract of land approximately 1.004 acres from M-1 (Research-Industrial) District to RO-2 (Residence-Office) District.  The property is generally described as being located between E. 19th Street and Homewood Street, east of Bullene Avenue.  Submitted by Lawrence Habitat for Humanity, applicant, and David, Elsie, Roger, and Richard Hemphill, property owners of record. 

 

STAFF PRESENTATION

Ms. Pool introduced the item, a request to rezoning the subject property to RO-2 to allow the construction of three single-family homes in addition to the four existing single-family homes.  She described the surrounding uses and zonings.

 

Ms. Pool explained that the subject property was located within the Burroughs Creek Corridor Plan moratorium area and the applicant would have to request an exception to the moratorium from the City Commission in order to obtain a building permit.

 

Staff called attention to the parcel of residentially developed land between the subject property and the RO-2 zoned further to the east.  This middle parcel was zoned M-1 and Staff recommended a separate action to initiate rezoning of that section to RO-2 for consistency along the block.

 

Staff recommended approval of the rezoning request as presented.

 

Krebs referenced the letters received from area residents who were concerned about the potential uses in RO-2 zoning and asked why the applicant did not request RS-1 or RS-2 zoning to match their proposed residential development.  Staff replied that RO-2 was chosen because it matched zoning in the area and would not create spot-zoning issues.  RO-2 was also considered a more appropriate zoning for property along a minor arterial, acting as a buffer between the busy road and the surrounding commercial uses. 

 

It was clarified that the “center square” shown on the aerial represented overlapping property ownership and was not a landlocked parcel.

 

Ermeling spoke as a member of the Burroughs Creek Corridor Plan Committee, saying the committee was generally in favor of downzoning but they had not completed their review of land uses in this area.  Until this was done, Ermeling asked that the Commission defer this item and honor the moratorium.

 

Staff explained that, in their opinion, the Comprehensive Plan gave adequate guidance for acceptable land uses along this corridor, especially in light of existing development on this block.

 

It was noted that the Commission had received a letter of support for the project from the Burroughs Creek Corridor Plan Committee.

 

There was discussion about zoning and land uses in the vicinity. 

 

APPLICANT PRESENTATION

Jean Lilley, Executive Director for Lawrence Habitat for Humanity, explained the organization had completed construction on their last piece of available land in Fall 2004.  They were now trying to obtain and prepare more spaces for affordable housing. 

 

Ms. Lilley responded to questioning that the local need for affordable housing was great and the organization would like to begin construction as soon as possible. 

 

PUBLIC HEARING

No member of the public spoke on this item.

 

COMMISSION DISCUSSION

It was established that the proposed RO-2 zoning would convert to RS-O zoning when the new development code was adopted and would allow similar kinds of uses.  This was considered an appropriate transition between existing development and industrial zoning.

 

It was again stated that the subject property’s location along an arterial was a significant factor in Staff’s decision to support RO-2 zoning.

 

Student Commissioner Wright asked if any consideration was given to the issue of clustering these kinds of uses in one area.  He noted the presence of the Salvation Army and public housing development in the general vicinity and suggested it would be better to spread these uses across the city to provide job, transportation and location options.  It was pointed out that Habitat for Humanity provided homes for owner occupation, which was somewhat different from other kinds of low income residential uses in the area.

 

ACTION TAKEN

Motioned by Krebs, seconded by Haase to approve the rezoning of 1.004 acres from M-1 to RO-2 and forward it to the City Commission with a recommendation for approval, based on the findings of fact presented in the body of the Staff Report and subject to the following condition:

 

1.      Approval of an applicant-initiated exception to the Burroughs Creek Area Plan building permit moratorium [Ordinance No. 784].

 

Motion carried unanimously, 10-0, with Student Commissioner Wright also in favor.

 

Motioned by Krebs, seconded by Haase to initiate rezoning from M-1 to RO-2 for the lots identified by Staff and schedule a public hearing for August or September 2005.

         

Motion carried unanimously, 10-0, with Student Commissioner Wright also in favor.