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City of Elk REQUEST FOR ACTION River TO ITEM NUMBER Mayor and City Council 8.2 AGENDA SECTION MEETING DATE PREPARED BY General Business May 6, 2013 Jeremy Barnhart,Deputy Director, Community Operations &Development ITEM DESCRIPTION REVIEWED By Authorization to Initiate Rezoning for Yale Street Area Cal Portner, City Administrator REVIEWED BY ACTION REQUESTED Authorization to initiate a zone change to the official zoning map and Comprehensive Plan amendment. BACKGROUND/DISCUSSION A property owner on Yale Street, Patricia Bruchert,has requested to split her lot into two parcels. Mrs. Bruche owns lots 3 and 4 of Mississippi Heights, a plat recorded in 1976. At some point in the past,the lots were formerly combined and a new split requires formal action. Combined,the two lots are 2.79 acres. To be consistent with the R-1a zoning designation of the property,both new lots would need to be 2.5 acres and include 160 feet of frontage on a public road. As proposed,both lots would require variances from the lot size and lot frontage requirements. Without completing formal review of a variance application not yet received, a variance for this situation would not be consistent with the city ordinances regarding variances and the state enabling legislation. In particular, the variance would be inconsistent with the general purpose and intent of the ordinance and variance is inconsistent with the Comprehensive Plan (Sections 30-365 (b) 1-2). Staff and the property owner have discussed options over the past week,including the following: 1. A variance from the lot size and frontage requirement. 2. Rezone the subject property to meet the lot size and frontage requirements. 3. Rezone the neighborhood to R-1b. As part of this rezoning,it will be necessary to amend the Comprehensive Plan to include the subject neighborhood in the urban service district. Staff recommends option 3 as the best long-term solution. It addresses concerns with the ability to subdivide for all neighborhood parcels,it addresses long-term septic system location issues and viability, and it removes a "nonconforming" status from the property,which may improve long-term property options,including refinancing. Area residents will likely object to the expansion of the urban service district. Over the long term, however, staff sees this as a long term solution to the development pressure in the area, as suggested by the increasing desire to subdivide, and the character changes envisioned by the Focused Area Study. The Focused Area Study identifies the need to connect Yale Street to Yale Court to the north,to facilitate future access to controlled intersections. N:\Public Bodies\Agenda Packets\05-06-2013\8.2 sr Yale St rezone 5-6-13xf.docx Na