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File #: 2022-178   
Type: Ordinance Status: Approved
File created: 4/22/2022 In control: City Council
On agenda: 5/12/2022 Final action: 5/12/2022
Title: Consider public testimony regarding, and an ordinance rezoning 11.25 acres located north of E. Logan Street and east of S. Mays Street from the SF-2 (Single-Family - Standard Lot), LI (Light Industrial), and C-1 (General Commercial) zoning districts to the PUD (Planned Unit Development) No. 139 zoning district. (First Reading)*
Attachments: 1. Ordinance, 2. Exhibit A, 3. Exhibit B, 4. Map, 5. Aerial Photo

Title

Consider public testimony regarding, and an ordinance rezoning 11.25 acres located north of E. Logan Street and east of S. Mays Street from the SF-2 (Single-Family - Standard Lot), LI (Light Industrial), and C-1 (General Commercial) zoning districts to the PUD (Planned Unit Development) No. 139 zoning district. (First Reading)*

 

Body

The application was made by David Weinstein of WB Property Group. The property is currently zoned for single family, commercial and light industrial (not developable due to floodplain). It contains several structures, both residential and commercial. The northern portion of the site contains a portion of Lake Creek. The property proposed for rezoning also includes Tassey St. and E Nash St. The owner would request abandonment of these rights-of-way if the zoning were approved.

The proposal is to rezone the property to allow for high density multifamily, townhouses and a private open space area along the creek. Features of the development are:

                     A maximum of 410 urban multifamily units

o                     90% of the required multifamily parking will be within a parking garage structure that is directly attached to the residential structure

o                     A 75-ft. building setback along the eastern property boundary adjacent to single family zoned lots

o                     A landscape buffer and fencing along the eastern property boundary adjacent to single family zoned lots

o                     Maximum building height of 6 stories on one building and 5 stories on the second building

o                     Building elevations to substantially comply with illustrations provided

 

                     A maximum of 19 townhomes

o                     Building orientation so that no fronts of structures face the eastern property boundary adjacent to single family zoned lots

§                     A 10-ft. side setback for two-story townhomes

§                     A 20-ft. side setback for three-story townhomes

§                     A 40-ft. rear setback for townhomes

o                     A landscape buffer and fencing along the eastern property boundary adjacent to single family zoned lots

o                     2-car garage parking

The site will have access from S Mays St. and E Logan St.

The applicant held two meetings with invited members of the adjacent Dove Creek neighborhood to present the project and answer questions prior to the Planning and Zoning Commission public hearing. City staff attended both meetings. In addition, the City sent letters to all property owners within 300 feet of the site prior to a public hearing date being established.

The Planning and Zoning Commission held a public hearing and a motion to recommend approval of the PUD failed by a 3-4 vote. There were ten speakers at the hearing, who expressed concern about traffic safety on Deerfoot Drive, Ridge Crest Drive and Logan St. Other concerns were increased noise and a change in the character of the neighborhood. Commissioners who voted against the rezoning cited the increase in density and traffic concerns. Section 10-22 (b)(5) of the Code states the PUD zoning application is to be sent forward to the City Council with the recommendation of the Commission. Following the Commission meeting, the applicant reduced the maximum number of townhome units from 25 to 19 and clarified that one urban multifamily building would have a maximum of 6 stories and the second would be only 5 stories. The applicant held a third neighborhood meeting on May 4, 2022.