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Planning advisory panel approves rezoning for Columbus Gardens with conditions to protect HUD-subsidized senior housing
Summary
The Planning Advisory Commission approved rezoning 2.17 acres at 425 Third Avenue (Columbus Gardens) from Historic zoning to Residential Office with conditions and a stipulation that parking and related uses return to PAC if future uses change; the developer said rezoning is needed to preserve tax-credit financing and the HUD HAP contract that serves low-income seniors and people with disabilities.
The Planning Advisory Commission on Dec. 18 approved a rezoning for Columbus Gardens, a 116-unit apartment complex at 425 Third Avenue, moving the property from Historic zoning to Residential Office (RO) with conditions and a stipulation that any future change of use return to PAC for review of parking and related issues.
Planning staff reported the building is a legally nonconforming multifamily use and that the applicant requested two conditions to preserve current operations: higher density than standard RO (requesting 53 units where RO’s typical highest density is 43) and a reduced parking requirement (the site has approximately 42–44 parking spaces but RO requires about 134). Staff and engineering did not recommend approving those conditions outright because RO allows greater height and density that could lead to different redevelopment in the future.
Attorney Austin Gibson and Major Lee of developer Evolve Communities said the rezoning is intended to preserve the value of an existing HUD HAP (Housing Assistance Payments) contract and to prevent tax-credit recapture that could occur if the property were destroyed and rebuilt under restrictions tied to its current historic zoning. Major Lee said the developer has been allocated roughly $20,000,000 in state and federal tax credits to finance a rehab and expects to invest about $6,000,000 in immediate renovations. They said investors will not close financing without legal certainty that the property can be rebuilt consistent with its current use if a casualty destroys more than 50% of the structure.
Neighbors spoke in opposition. Kathy Evers, who lives about two blocks away, asked why the rezoning is needed now, worried that removing historic zoning protections could allow a different, denser development after the compliance period and urged caution. Gary Curtin, a near neighbor, said historic zoning offers protections that would be lost if the property is rezoned. Commissioners and applicants discussed whether the requested variances could be tied to the duration of the HAP contract or otherwise return to PAC if the use changes; staff suggested working with the city attorney to craft enforceable language.
A commissioner moved to approve REZN 11242363 with the applicant’s requested conditions and a stipulation that if future uses change the matter return to PAC for review of parking and related issues; the motion was seconded and carried unanimously. Commissioners and staff said the exact verbiage of the conditional language will be refined with the city attorney before council consideration.
