King Place Subdivision, located on the southeast corner of Bench Boulevard and Wicks Lane, was recorded in June of 2005. During the preliminary review of this 5-lot subdivision, a concurrent Zone Change request (Zone Change #750) was also reviewed by City Council. The request was to change the zoning on the property from Residential-7000 (R-70) to Residential Multi-Family Restricted (RMF-R) and Neighborhood Commercial (NC). Considerable neighborhood input was gathered, and concerns were expressed about allowing NC zoning along Wicks Lane. As a result, in order to get the zone change passed, restrictions on the uses that would be allowed in the future NC lots were placed in the Subdivision Improvement Agreement (SIA) by the developer for King Place Subdivision (see Attachment). Since zone changes may not be conditioned, it appears that this was how the neighborhood concerns were addressed by the developer. This document was recorded with the final plat in June, 2005.  It is unsual to have zoning-type conditions placed in an SIA.

In September, 2007, an adjacent property to the east, Tract A of Certificate of Survey 1056, also underwent a zone change from R-70 to NC (Zone Change #816). There was no public concern or input about this proposal and the Zone Change was approved without future NC use restrictions placed in any other recorded document.

Just over a year later, in November of 2008, a plat amendment was processed merging 0.75 acres of Tract A, C/S 1056 with the adjacent Lot 1, Block 1 of King Place Subdivision, to create one lot know as Lot 1A, Block 1, King Place Subdivision (see Attachment). Both original parcels were zoned NC, but the area in the original Lot 1 parcel was encumbered by the land use restrictions designated in the King Place SIA.  Neither lot has been developed.

At this time, there is interest in developing Lot 1A, Block 1 of Amended Lot 1, Block 1, King Place Subdivision.  The proposed development is for a HUD 811 project for an independent living facility for disabled individuals. Funding is all but secured. However, during the title search it was noticed that land use restrictions in the King Place Subdivision SIA (Section II.F.14) prohibit multi-family residential construction adjacent to Wicks Lane and a portion of the lot is covered by this restriction.

The owner of this lot, King Place, LLC, and the representing agent, Tim Hudson, are requesting a new SIA for Amended Lot 1, Block 1, of King Place Subdivision (Lot 1A). This new SIA would be identical to the original SIA as it affects the subject property, except it would remove the prohibition of multi-family housing adjacent to Wicks Lane (see Attachments for request and proposed new SIA).  

The City Subdivision Regulations, Section 23-1103, BMCC, describes the procedure for amending recorded SIAs and other supporting plat documents.  It indicates that after a request to amend a document is received and reviewed by affected agencies, a Public Hearing may be required based on information received by the reviewing agencies. Planning Staff believes it is appropriate for City Council to hold a public hearing on this request since the original subdivision and SIA were approved based on a great deal of public input through the zone change public hearing process and the subdivision review process.  This public hearing has been legally advertised, and property owners within 300 feet of the subject property have been sent written notice, which is consistent with the original notification process.

City Council, after holding the public hearing, may:
Approve the request for a new SIA for King Place Subdivision, Amended Lot 1, Block 1(Lot 1A); or
Deny the request for a new SIA for King Place Subdivision, Amended Lot 1, Block 1 (Lot 1A).

Approval of this new SIA would enable the developer to proceed with the development and increase the taxable value of this property.  At this time, the subject property is underutilized and delinquent on tax payments.

Staff recommends that City Council hold the public hearing and approve the request for a new Subdivision Improvements Agreement for King Place Subdivision, Amended Lot 1, Block 1 (Lot 1A).