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File #: 240997    Version:
Type: Ordinance Status: In Council-Passage
File created: 10/15/2024 In control: ZONING, NEIGHBORHOODS & DEVELOPMENT COMMITTEE
On agenda: Final action:
Effective date:    
Title: A substitute ordinance relating to creation of the RT5 zoning district.
Sponsors: ALD. PEREZ, ALD. BAUMAN, ALD. BURGELIS
Attachments: 1. Substitute 2 File Text, 2. Substitute 1 File Text, 3. ZND Presentation, 4. President Perez Comments, 5. City Plan Commission Letter, 6. CPC Staff Report, 7. ZCTC Letter, 8. 5 Points Neighborhood Association Oppose 1, 9. 5 Points Neighborhood Association Oppose 2, 10. Aaron Muehlbauer Oppose 1, 11. Aaron Muehlbauer Oppose 2, 12. Barbara Cooley Oppose, 13. Betty Smith Oppose, 14. Brittney Taylor Oppose, 15. Cade Gerlach Support, 16. Darnisha Jenkins Oppose, 17. Dynasty Ceasar Oppose, 18. Dynasty Ceasar Petition, 19. Elizabeth Ramirez Oppose, 20. Fatima Laster Oppose, 21. Melody McCurtis Oppose, 22. Metcalfe Park Community Bridges Oppose, 23. Midtown Neighborhood Alliance Letter of Concern, 24. Miriam Ramirez Oppose 1, 25. Miriam Ramirez Oppose 2, 26. Patrice Gransberry Oppose, 27. Pernell Evans Oppose, 28. Presious Shields Oppose, 29. Robin Palm Support, 30. S. Winston Oppose, 31. Samuel Sims Oppose, 32. Sy Smith Oppose 1, 33. Sy Smith Oppose 2, 34. Petition in Opposition
Date Ver.Action ByActionResultTallyAction DetailsMeeting DetailsVideo
4/15/20251 ZONING, NEIGHBORHOODS & DEVELOPMENT COMMITTEE SUBSTITUTED

Minutes note: This item was taken out of order after item 1, CCFN 241911. Ald. Stamper moved substitution of the file with Proposed Substitute A. (Prevailed 5-0) Proposed Substitute A became Substitute 2.
Pass5:0 Action details Meeting details Video Video
4/15/20252 ZONING, NEIGHBORHOODS & DEVELOPMENT COMMITTEE RECOMMENDED FOR PASSAGE

Minutes note: Appearing: Sam Leichtling, Dept. of City Development Pres. Ald. Jose Perez, 12th Ald. Dist. Ald. JoCasta Zamarripa, 8th Ald. Dist. Ald. Sharlen Moore, 10th Ald. Dist. Ald. Peter Burgelis, 11th Ald. Dist. A presentation was given, which is contained in the file. Public testimony: Christal West, Amani United (opposed) Shear Winston, resident, (opposed) Dr. Nicole Robinson, 5 Points Neighborhood Associaton (opposed) Jarvis West, Amani United (opposed) Ald. Burgelis added as a cosponsor.
Pass4:1 Action details Meeting details Not available
4/7/20251 CITY PLAN COMMISSION RECOMMENDED FOR PLACING ON FILE AND ASSIGNED TO

Minutes note: Mr. Leichtling presented. This file relates to the creation of a new zoning district titled “RT5” within the two-family residential zoning districts (RT1-RT4). The use, development and design standards for the RT5 district are similar to the existing RT4 district. However, the maximum number of dwelling units permitted in a multi-family building in the RT5 district would be 8 units, compared to 4 units in the RT4 district. Adoption of the ordinance and creation of the RT5 zoning district would not apply the district at any property in the city, and there are not currently pending proposals to map this new zoning district on any individual parcels. Changing the zoning of any property to RT5 would require future Common Council action via the Zoning Map amendment process, providing for local neighborhood review and input, and the review of the City Plan Commission and Common Council. The proposed “Proposed Substitute A” incorporates adjustments that address the concerns raised by ZCTC. Staff recommends approval conditionally of Proposed Substitute A. Appearing: Pres. Ald. Jose Perez, 12th Ald. Dist. Ald. Robert Bauman, 4th Ald. Dist. Pres. Perez and Ald. Bauman commented on the rationale and purpose of the file to add middle housing as a new option, add density, and that the same public review process for a zoning map amendment to applicable for RT5 zoning going forward. The commission discussed affordable housing, resources for emerging developers, past instances or prospective middle housing developments in the pipeline, stakeholder outreach, education on this initiative, regulating developments beyond RT4 standards, speculative demolition and historic designation, and appropriateness of applying a RT5 district or zoning. Providing public testimony in opposition: Melody McCurtis, resident Fatima Laster, resident Shear Winston, resident Crystal West, resident & Armani United Dr. Nicole Robinson, 5 Points Neighborhood Association Those testifying in opposition said that the legislation lacked sufficient community engagement; that current and past methods of community engagement or noticing (including mailings) were insufficient; that the overall zoning code needed revision to incorporate community engagement and awareness on land use activities and impacts; that the legislation needed to add various equitable conditions or protections for communities or homeowners; that the legislation lacked intentionality, accountability, sustainability, a harm and benefit analysis, thorough vetting on intergenerational impacts, affordability component, and sufficient supporting data; that the legislation would reduce driveway and parking footprint of a lot; that gentrification and displacement would occur; that community input was being ignored; that there should be homeownership initiatives instead of adding density; that demand was lacking for RT5 zoning developments; that only outside developers would benefit; that neighboring districts to an RT5 district would be negatively impacted; that the legislation would be a stepping stone towards being citywide in the future; and that the legislation should be tabled for further vetting of the issues mentioned. The committee discussed that a broader revision to the zoning code addressing community engagement and administrative process as well as adding community protections or conditions would require separate consideration outside of the committee's purview; that the current review process for multi-family development beyond RT4 parameters would fall under the BOZA variance process or other allowable multi-family zoning; and that access to capital appears to the impetus for concern and opposition. Commissioner Washington moved to place on file, seconded by commissioner Moody, based on testimony in opposition and the inability of the proposed ordinance to address concerns aforementioned. (Prevailed 5-1) No - Smith
Pass5:1 Action details Meeting details Video Video
3/21/20251 CITY CLERK PUBLISHED   Action details Meeting details Not available
1/31/20251 CITY CLERK PUBLISHED   Action details Meeting details Not available
1/13/20251 ZONING, NEIGHBORHOODS & DEVELOPMENT COMMITTEE REFERRED TO   Action details Meeting details Not available
1/13/20251 ZONING, NEIGHBORHOODS & DEVELOPMENT COMMITTEE REFERRED TO   Action details Meeting details Not available
1/13/20251 CITY CLERK DRAFT SUBMITTED   Action details Meeting details Not available
10/15/20240 COMMON COUNCIL ASSIGNED TO   Action details Meeting details Not available

Number

240997

Version

SUBSTITUTE 2

Reference

 

Sponsor

ALD. PEREZ, BAUMAN AND BURGELIS

Title

A substitute ordinance relating to creation of the RT5 zoning district.

Sections

295-107-2 (table)                     am

295-403-2-a (table)                     am

295-405-1-g-3-b                     cr

295-501-2-d                                          cr                     

295-503-1 (table)                     am

295-503-2-b-3                     cr

295-503-2-j-1                     am

295-503-2-q-1                     am

295-503-2-u-2                     am

295-505-2 (table)                     am

295-505-2-L-3-0                     am

295-505-4-c-3                     am

295-505-4-c-5                     cr

295-505-5-g                                          am

Analysis

This ordinance creates a new zoning district, RT5 (two-family residential).  In the RT5 district, the maximum number of dwelling units permitted (as a limited use) in a multi-family building shall be 8, compared to 4 units in the RT4 district.  The design standards for the RT5 district are similar to those for the RT4 district, with a few variations to reflect the possibility of slightly larger buildings in the RT5 district.

 

...Body

See attachment within the file “Substitute 2 File Text”.

 

LRB

APPROVED AS TO FORM

 

______________________

Legislative Reference Bureau

Date: March 14, 2025

   ___________________

Attorney

IT IS OUR OPINION THAT THE ORDINANCE

IS LEGAL AND ENFORCEABLE

 

 

____________________________

Office of the City Attorney

Date:  ______________________

Requestor

 

Drafter

LRB180261-3

Jeff Osterman

02/13/2025