Zone Change #933 – 1229-1239 Poly Drive: This is a zone change from Residential 9,600 (R-96) to Residential 6,000 (R-60) on Lots 15-19, Block 1, College Subdivision, 1^st Filing, a 17,500 square foot parcel of land, for an existing 6-plex multi-family dwelling, generally located at 1229-1239 Poly Drive. The City Council initiated this zone change on January 12, 2015 at the request of the property owner.

The Planning Division has considered the request and is forwarding a recommendation of approval and adoption of the findings of the 10 criteria for this zone change.

OWNER: Wayne Gustafson
AGENT: None
LEGAL DESCRIPTION: Lots 15-19, Block 1, College Subdivision 1st Filing
ADDRESS: 1229 through 1239 Poly Drive
CURRENT ZONING: R-96
EXISTING LAND USE: 6-plex multi-family dwelling
PROPOSED USE: Same
SIZE OF PARCEL: 17,500 square feet

None

Prior to 1972, the property was zoned R-1 but was granted special permission to construct a 6-unit multi-family building in 1966. The City adopted new city-wide zoning in 1972 and designated all of the property in the College Subdivision as R-96, a single family only zoning district. There was no provision in the 1972 code to allow multi-family dwelling by special review or permission of the City Council.

The City Council recently approved a similar zone change for property at 2707 13th St West (Zone Change 926) from R-96 to R-60 to allow a 6-unit multi-family dwelling to become conforming to the zoning. This property is similarly situated.

NORTH:	Zoning: R-96 Land Use: 2-family and single family dwellings
SOUTH:	Zoning: R-96 Land Use: 2-family and single family dwellings
EAST:	Zoning: R-96 Land Use: 2-family and single family dwellings
WEST:	Zoning: R-96 Land Use: Single family dwellings

The City has processed at least 7 zone changes in the general area of this property most from the R-96 zone to a zoning district that allows for two-family or multi-family dwellings. The Hiland Shadows Subdivision was re-zoned to Planned Development in the 1980s to allow for two-family and four-family dwellings. Further east, the city has approved zone changes on Parkhill Drive and Beverly Hill Boulevard for similar developments. The Pines Condominiums (three, two-family dwellings) at 910 Poly Drive were approved through a special review process in 1990, although the zoning remains R-96. The Sennet Condominiums at 918 – 928 Poly Drive (two, three-family dwellings) was approved through a variance in 1984. These two projects were approved through non-zone change processes that are no longer used. The special review and variance processes must be for allowed uses within the existing zoning district and cannot be used to allow prohibited uses.

The City Council recently approved Zone Change 926 (R-96 to R-60) for another 6-unit multi-family dwelling in the College Subdivision constructed just prior to the city-wide re-zoning in 1972. Mr. Gustafson, owner of this property, requested a zone change in 1966 from R1 (single family) to R3 (multi-family). That request was denied, however the City Council granted special permission to construct the 6-unit multi-family dwelling although the zoning was unchanged. This was allowed under the zoning regulations prior to 1972. The current zoning regulations do not allow multi-family by special review in the R-96 zoning district. The city-wide re-zoning resulted in placing Mr. Gustafson's property in a legal nonconforming use status. Section 27-400 of the zoning regulations allows legal nonconforming uses to continue, but does not allow those uses to be re-built or re-constructed if they are damaged by more than 50% of the replacement value at the time of destruction.

The Planning Division could not issue a "re-build" letter for this property except for 1 (one) single family residence. The owner wishes to secure his property investment to re-build a 6-unit multi-family dwelling if necessary in the future. The proposed zoning and lot area would allow this use to continue and to be re-built in the future. Although the zoning surrounding this property is all R-96, many of the lots were developed prior to the 1972 zoning. There are several 2-family dwellings as well as lots of less than 9,600 square feet within the immediate area. During the review of the previous City Council initiated zone change for property on 13th Street West, Planning staff research showed approximately 30% of the lots in the College Subdivision, 1st Filing were non-conforming for uses such as 2-family or multi-family dwellings. The College Subdivision consists of three filings that developed in 1945 and 1946. Many homes were built with “in-law” living quarters in the basement or developed with a front house and rear house to accommodate relatives. The post-war housing demand saw this type of development throughout the city.

The Planning Division has reviewed the zone change and is recommending approval based on the findings of the 10 criteria. The property is within an established neighborhood of mixed housing types and choices. The current building is well maintained and has not caused traffic, parking, noise or other neighborhood challenges in the area. Poly Drive is a high volume minor arterial carrying approximately 10,000 vehicles per day in this area just east of the signal controlled intersection with 13th Street West, also a minor arterial street. Veteran's Park is 1 block to the west along with Rocky Mountain College just west of the park.

The 2008 Growth Policy encourages predictable land use decisions that are compatible within neighborhoods and to preserve the neighborhood integrity. The existing zoning is not compatible with the existing neighborhood since it does not allow an existing established apartment complex to be re-built if necessary. The mixture of housing types in the College Subdivision makes this area stable, affordable, and marketable. Disinvestment can occur in areas where a homogenous zoning district does not match the existing development. Legal nonconforming uses are difficult to finance, sell or insure. Most often these properties sell to a cash buyer who makes an offer based on their assumption of substantial risk since the property cannot be re-built if destroyed. Investment in the nonconforming use is diminished over time and disrepair and deferred maintenance becomes apparent. This situation also leads to diminishing market value for surrounding properties that may be conforming to the zoning but near the nonconforming use. The proposed zoning of R-60, will allow the use to become a conforming use so it will continue to be part of the neighborhood now and in the future. Any re-development of the property requires compliance with the new zoning and the ability to meet site development requirements and traffic safety standards.