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    7. 6.    
Regular City Council Meeting
Meeting Date: 01/10/2019  

Agenda Item
Public Hearing - Planning: Consider a request for Zone Case 3363, a request of BND Properties, LLC, for a zone change to Two-Family Residential (R-2) from Multi-Family Residential (R-3) at 301 Avenue T, at the southeast corner of 3rd Street and Avenue T, Roberts & McWhorter Addition, Block 6, Lot 2 and the south 15 feet adjacent, and consider an ordinance.
Item Summary
The applicant is requesting a zone change to Two-Family Residential (R-2) from Multi-Family Residential (R-3). The properties are located on the north side of 3rd Street, east of Avenue T.

Previous Zoning History:
This is the first zone change request on this property.

Adjacent Land Uses and Zoning:
North: Single-Family Residential (R-1); single family homes
South: Multi-Family Family Residential (R-3); duplexes
East: Multi-Family Family Residential (R-3); vacant land
West: Multi-Family Family Residential (R-3); single family homes

Conformance with Future Land Use Plan (FLUP):
The 2040 Future Land Use Plan (FLUP) has this area designated for “Light Retail/Commercial” land uses. Although the requested R-2 zoning is not typically listed in this land use category, it is appropriate in this location, as this is an area of other low density uses.

Conformance with Zoning Code:
The purpose of the R-2 district is to “provide stable, quality residential development of slightly increased densities and multiple occupancy. This district may include entire neighborhoods or when used in accordance with the intent of the comprehensive plan, may provide a “buffer” district between low-density and high-density or non-residential districts”. This property is surrounded by other residential uses, so the request is in conformance with the Zoning Code of Ordinances.

Impact on Surrounding Uses:
The requested zone change should not have a negative impact on the adjacent residences.

Effect on Adjacent Streets and Thoroughfare System:
The requested zone change should have no impact on the thoroughfare system.

Staff recommends approval of the request based on the following reasons:
1. The request is appropriate in this location, due to the surrounding conditions, despite being inconsistent with the FLUP.
2. The request is in conformance with the Zoning Ordinance.
3. The request should not have a negative impact on the surrounding area or thoroughfare system.

Planning and Zoning Commission Hearing:
1 citizen spoke in opposition to the request, advising he would prefer to see the area remain multi-family. A total of 27 notices were sent to adjacent property owners. Staff received 1 written response in opposition to the request.

On December 4, 2018, the PZC recommended approval of the request by a unanimous vote.
Fiscal Impact
Staff/Board Recommending
Jesica McEachern, Assistant City Manager
Planning and Zoning Commission

3363 Ordinance
3363 Documentation

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