Developer seeks rezone and owner-occupancy deed restriction for 12-acre parcel at Seventh Street; neighbors worry about loss of open space

Planning staff presented a request on Aug. 26 to rezone a cluster of parcels near Monroe and Seventh Street from R16 to R2S (a small-lot single-family designation) with a conditional overlay and a development agreement that would prohibit townhomes and require a deed restriction making each unit owner-occupied for 10 years.

Joe Simpson, city planning staff, said the petition covers just over 12 acres made up of four vacant parcels plus adjacent land the petitioner has negotiated to include. He described significant topography, a canal along the west side of the site and an existing single-family house that will remain. The developer proposes a private subdivision-style layout with narrower private driveways rather than the city's 60-foot right-of-way standard for public streets; private driveways reduce required cross-section widths to roughly 24'28 feet, which staff said helps make the site buildable given steep slopes and access constraints.

Under the petition the developer would build only single-family homes, not townhomes, and would place a deed restriction requiring owner occupancy for a 10-year period after each home is sold. Simpson said the development agreement would include a clock for performance: if the developer cannot secure necessary easements, complete geotechnical and drainage work, and advance site-plan or subdivision applications within the agreed timeframe, the zoning would revert automatically to R16.

Council members and neighbors focused on several points: loss of private but commonly used open space, whether an open-space rezoning was feasible (staff said such a change would amount to a taking and would be difficult), details of access easements and whether the existing home would retain driveway access, and monitoring of the deed restriction (staff said monitoring would primarily fall to the homeowners association but the city could act on complaints). Simpson told the council the project's typical home size was likely to be in the 800'1,200 square-foot range, with mostly single-car garages and some variation in unit types to reflect affordability aims.

The planning commission recommended approval with the development agreement; two commissioners opposed the measure citing concerns about loss of natural open space. The rezone and development-agreement request are scheduled for city council action on Sept. 16; staff suggested council could add commitments such as a formal trail connection to Ninth Street Park into the development agreement before final approval.