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River Heights council denies Taylor family27s rezone request after debate on spot-zoning and water-table issues
Summary
Council denied a request to rezone a 2.3-acre parcel on 800 South from Agricultural to R-1-8 after discussion about spot zoning, high water table on the lot and precedent for rezoning adjacent agricultural properties. The applicant was advised to reapply with a different zone if they want to pursue R-1-12.
River Heights City Council denied a request from the Taylor family to rezone a 2.3-acre parcel at 440 East (along 800 South) from Agricultural to R-1-8. The council considered water-table concerns, the planning commission27s recommendation, and whether approving R-1-8 would create a spot-zoning precedent for adjacent agricultural parcels.
Drew Taylor, representing Kaye and Kelly Taylor, told the council the family purchased the parcel with the intent to build three single-family homes and that the lots would likely be larger than the R-1-12 minimums; he said a water-table assessment indicated standing water two to three feet below the surface and that the family is prepared to mitigate (for example, no basements and terracing).
Noel, the planning commission chair, summarized the planning-commission record: commissioners cited the property27s sensitive-area overlay on the general-plan maps, irrigation and access concerns, and the fact that adjoining residential properties are zoned R-1-8. The commission unanimously recommended R-1-8 to avoid a small pocket of different zoning (spot zoning).
Council members debated whether approving R-1-8 for the Taylor parcel would pressure rezoning of the agricultural properties to the east and whether the city should require larger lots given irrigation, animals and the high water table. Several council members said the council could deny the current application and allow the applicant to reapply for R-1-12 if that was their preference. The motion to rezone the parcel to R-1-8 was denied by the council; the applicant and consultant were advised they could reapply with a different requested zone and that the application would require a new planning-and-zoning review and public hearing.
No formal development application for a minor subdivision had been approved; council members and staff noted that any future subdivision plan would need to address irrigation, stormwater, access and design-review requirements.
The council27s action on the Taylor parcel does not prohibit the landowner from reapplying under a different zone, but it preserves the city27s current zoning pattern in that area pending further action.
