TO: Mayor and Members of City Council
THRU: Kelly Olivera - Assistant City Manager
Dr. Gerald Newton, AICP - Development Services Director
FROM: Will Deaton, AICP - Planning & Zoning Manager
Heather Eckhardt, CZO - Planner II
DATE: January 22, 2024
RE:
Title
P23-52. Rezoning from Single Family Residential 6 (SF-6) to Mixed Residential 5 (MR-5) located at 1319 Camden Road (REID 0436163935000) totaling .54 acres ± and being the property of Darren & LaAdah Demus represented by Lori Epler of Larry King & Associates.
end
COUNCIL DISTRICT(S):
Council District(s)
2 - Malik Davis
b
Relationship To Strategic Plan:
Strategic Operating Plan FY 2022
Goals 2027
Goal II: Responsive City Government Supporting a Diverse and Viable Economy
• Objective 2.1 - To ensure a diverse City tax base
Goal III: City invested in Today and Tomorrow
• Objective 3.2 - To manage the City's future growth and strategic land use.
Goal IV: Desirable Place to Live, Work, and Recreate
• Objective 4.5 - To ensure a place for people to live in great neighborhoods
Executive Summary:
The applicant is seeking to rezone 1319 Camden Road from Single Family Residential 6 (SF-6) to Mixed Residential 5 (MR-5).
The Zoning Commission held a legislative hearing on December 12, 2023. There was one speaker in favor and none in opposition. The Zoning Commission voted unanimously to recommend approval of the rezoning request.
Background:
Owner: Darren & LaAdah Demus
Applicant: Lori Epler of Larry King & Associates
Requested Action: SF-6 to MR-5
REID #: 0436163935000
Council District: 2 - Malik Davis
Status of Properties: Undeveloped
Size: .54 acres
Adjoining Land Use & Zoning:
• North: MR -5 - Single-family dwellings
• South: SF-6 - Vacant
• East: SF-6 - Cemetery
• West: MR-5 - Single-family dwellings and church
Annual Average Daily Traffic: Southern Avenue: 7,400 (2021)
Letters Mailed: 71
Land Use Plans:
With the adoption of the 2040 Comprehensive Plan: Future Land Use Map & Plan on May 26, 2020, all properties within the city limits as well as properties identified as being in the Municipal Influence Area (MIA) are subject to this plan.
According to the Plan, it is recommended that this portion of the city should be developed as Neighborhood Mixed Use (NMU). Neighborhood Mixed Use calls for neighborhood-scale commercial uses in 1 - 3 story buildings alongside smaller-scale multi-family developments, single-family attached dwellings, and small lot single family developments.
Issues/Analysis:
History:
The subject property was annexed into the city in 1958 and has remained undeveloped since the late 1960’s.
Surrounding Area:
The area around the subject property is a mixture of single-family dwellings and multi-family dwellings as well as a church, a cemetery, and a school. The parcels to the north have multiple single family houses. Temple of Faith Church is located to the west of the subject property. The parcel to the east is a long-standing cemetery. Massey Hill Classical High School is located to the south of the subject property.
Rezoning Request:
Land within the City is generally classified by the Unified Development Ordinance (UDO) to be within one of many base zoning districts. Land may be reclassified to one of several comparable zoning districts in accordance with Section 30-2.C.
The applicant is requesting to rezone a single parcel from Single Family Residential 6 (SF-6) to Mixed Residential 5 (MR-5). The Mixed Residential 5 zoning district is intended to meet the diverse housing needs of City residents by accommodating a wide variety of residential housing types and arrangements at moderate to high densities, including single-family detached dwellings, two-to-four family dwellings and multi-family dwellings.
Straight Zoning:
The request is for a straight zoning from Single Family Residential 6 (SF-6) to Mixed Residential 5 (MR-5).
The Mixed Residential 5 (MR-5) district is established and intended to meet the diverse housing needs of City residents by accommodating a wide variety of residential housing types and arrangements at moderate to high densities, including single-family detached dwellings, two- to four-family dwellings, multi-family dwellings, and other residential development that may include single-family attached dwellings, and zero lot line development subject to the requirements of the Ordinance.
The reclassification of land to a base zoning district without conditions allows all of the uses that are shown on the attached Use Table taken from the UDO. The Zoning Commission may not consider conditions or restrictions on the range of allowable uses, use standards, development intensities, development standards, and other applicable regulations.
Land Use Plan Analysis:
According to the Future Land Use Map & Plan, it is recommended that this portion of the city should be developed as Neighborhood Mixed Use (NMU). Neighborhood Mixed Use calls for neighborhood-scale commercial uses in 1 - 3 story buildings alongside smaller-scale multi-family, attached, and small lot single family.
Consistency and Reasonableness Statements:
The Future Land Use Plan also sets forth written goals, policies, and strategies. This application does follow the City’s strategic, compatible growth strategies and does meet the goals of the Land Use Plan found on the attached Consistency and Reasonableness form.
Conclusion:
The proposed MR-5 zoning district is an ideal zoning district for an area designated for Neighborhood Mixed Use by the Future Land Use Plan. The MR-5 zoning district would allow for the potential development of vacant land into higher-density residential structures such as single-family attached dwellings (townhouses) and two-to-four-family dwellings (duplex, triplex, quadplex). Additionally, a higher-density residential development would be a logical fit in an area surrounded by a variety of non-residential uses (church, cemetery, commercial).
Budget Impact:
There is not an immediate budgetary impact but there will be an economic impact associated with this rezoning that will occur due to taxes collected in the future.
Options:
1. Approval of the map amendment to MR-5 as presented based on the evidence submitted and finds that the rezoning is consistent with the Future Land Use Plan as demonstrated by the attached consistency and reasonableness statement (recommended).
2. Approval of the map amendment to a more restrictive zoning district based on the evidence submitted and finds that the map amendment would be consistent with the Future Land Use Plan and an amended consistency statement.
3. Denial the map amendment request based on the evidence submitted and finds that the map amendment is inconsistent with the Future Land Use Plan.
Recommended Action:
The Zoning Commission and Professional Planning Staff recommend that the City Council APPROVE of the map amendment to MR-5 based on the following:
• The proposed zoning map amendment implements the policies adopted in the Future Land Use Plan (FLUP), and those policies found in the Unified Development Ordinance (UDO). The Future Land Use Plan calls for the subject property to be developed as Neighborhood Mixed Use (NMU).
• The uses permitted by the proposed change in zoning district classification and standards apply to such uses are appropriate in the immediate area of the land to be reclassified due to the existing zoning and uses surrounding this property; and
• There are no other factors that will substantially affect public health, safety, morals, or general welfare.
Attachments:
1. Plan Application
2. Aerial Notification Map
3. Zoning Map
4. Land Use Plan Map
5. Subject Property
6. Surrounding Property Photos
7. Consistency and Reasonableness Statement
8. Powerpoint