HomeMy WebLinkAbout004 Nexus Point ZMA and GPA Narrative Page 1 of 20
Nexus Point Growth Policy and Zoning Map Amendments Narrative
Summary
This application seeks to amend the Zone Map for individual lots within the Nexus Point
Subdivision from R-O to R-4 (RB under the new 2024 zoning update), PLI or B-2M, based upon
the particular lot’s actual use as specified in the approved Nexus Point Master Site Plan.
Rezoning the commercial lots to B-2M also requires a Land Use Map amendment from Urban
Neighborhood to Community Commercial Mixed-Use. A Growth Policy Amendment (GPA)
will be submitted in conjunction with this Zone Map Amendment (ZMA) to facilitate the
changes to the land use designations.
Prior to the approved Major Subdivision Preliminary Plat, Nexus Point was a single 20.19 acre
lot zoned R-O. A 5.82 acre portion of the total 20.19 acres was previously rezoned from R-O to
R-5 without a subdivision (since that portion of land was entirely separated from the balance of
the site by City streets). The R-5 portion of Nexus Point is proposed as RC under the new 2024
zoning update. The Zone Map Amendments proposed herein apply to the remaining 11.29 acres
that continue to be zoned R-O (calculated as: total 20.19 acres, less 5.82 acres previously
rezoned R-5, less 3.08 acres of City streets). The land currently zoned R-O is proposed to change
to REMU under the new 2024 zoning update, however, R-4 (RB in 2024) would still be a more
appropriate zoning designation for this land. Additionally, Park No.1 in Block 2 is currently
zoned as R-O, PLI would be a more appropriate zoning for this city park lot.
The Zone Map and Growth Policy Land Use amendments will provide for local services to
support an existing walkable/bike-able neighborhood that consists of over 900 dwelling units,
plus the 250,000 sf Genesis Busine ss Park. There are currently no support services within this
neighborhood. By providing local services to the neighborhood: car-dependency will be reduced;
traffic impact will be reduced; and overall economic health and vibrancy of the community will
be enhanced. The amendments will also allow for more affordable housing as outlined in the
body of this narrative.
Background
In January 2019, City Commission approved rezoning the subject existing 20.19-acre lot from B-
P Business Park to R-O Residential Office. The property land use designation was also changed
from Business Park Mixed Use to Urban Neighborhood (Project No. 18-449 Nexus Point Zone
Map Amendment) - see Exhibit A.
At the time of the 2019 rezoning, the subject property was undeveloped with no buildings or
structures on the site. A site plan had not yet been conceived and no applications for the specific
development of the site had been submitted for review.
The 2019 rezoning to R-O was intended to allow for both high-density residential, as well as
local services to support the planned residences to be developed on the 20.19 acre lot. At that
time since a master site plan together with a subdivision plat composed of separate legal lots (to
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enable zoning based on a lot’s actual planned use) had not yet been created, R-O was the logical
option for the contemplated development of apartments plus supporting services..
Since that time, the City has approved:
(a) a Master Site Plan for a 262-dwelling unit apartment complex, plus a community building,
two commercial lots, public park areas, and public open space with wetlands/watercourse
setbacks (Project No. 19-262) - see Exhibit B;
(b) a Site Plan for the first 120-dwelling units and community building (Project No. 19-263) -
see Exhibit C (construction of the 120 Phase 1 dwelling units is now complete); and
(c) a rezoning of the second phase of the apartment complex from R-O to R-5 (Project No. 20-
389) - this was able to be accomplished without a subdivision plat since the second phase
land is entirely separated by public streets from the balance of the site - see Exhibit D.
After rezoning the second phase apartment complex from R-O to R-5, the Nexus Point Phase II
Site Plan Application was submitted in September 2022 (Project No. 22-305) - see Exhibit E.
Consistent with R-5 zoning, the proposed site plan includes a cafe at the corner of Lantern Dr
and S 21st Ave where Nexus Point meets the 457 dwelling-unit Graf Street Apartments - see
Exhibit F.
On December 20, 2022, the City Commission approved the Nexus Point Major Subdivision
Preliminary Plat (Project No. 22-246) which divides the subject 20.19 acre lot into:
(a) three multi-family residential lots;
(b) two commercial building lots;
(c) one residential community building lot;
(d) three common open space lots; and
(e) two public park lots.
see Exhibit G
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Proposed Amendments
The current R-O zoning for the 11.29 acre balance of the 20.19 acre parcel (not previously
rezoned to R-5 or built as City streets) is a “catch all” zoning that is no longer appropriate for the
subject property. Under the proposed 2024 zoning update, the City is eliminating R-O zoning
and proposing to rezone R-O land to REMU. Now that the specific nuances of the Nexus Point
development are known, and the property will be divided into separate lots according to their
actual use via the Nexus Point Major Subdivision Plat, this application seeks to amend the Zone
Map and Growth Policy Future Land Use Map for the Nexus Point Subdivision in order to
provide for more tailored zoning and land use designations based upon the needs of the
community. Moreover, there exists no other R-O or REMU zoned property in the area
surrounding Nexus Point - see Exhibit H. At this point in time, more appropriate zoning and
land use options are available.
The proposed modifications are outlined in the following table:
Lot Identification Current
Zoning
2024 Zoning
Update as
planned by
City
Proposed
Zoning
Current Land
Use
Proposed Land Use Status
Zone Map
Amendments and
Land Use Map
Amendments
Lot 2, Block 1 R-O REMU B-2M Urban
Neighborhood
Community
Commercial Mixed Use
Planned market +
upper floor
residences
Lot 2, Block 2 R-O REMU B-2M Urban
Neighborhood
Community
Commercial Mixed Use
Planned
restaurant
Zone Map
Amendment only
Lot 1, Block 1 R-O REMU R-4 (RB) Urban
Neighborhood
no change Built to R-4 code
Lot 3, Block 2 R-O REMU R-4 (RB) Urban
Neighborhood
no change Built to R-4 code
Lot 4, Block 2 R-O REMU R-4 (RB) Urban
Neighborhood
no change Built to R-4 code
Lot 3, Block 1 R-O REMU R-4 (RB) Urban
Neighborhood
no change Delineated
Wetlands
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see Exhibit I
Discussion: Commercial Lot Rezoning from R-O to B-2M
A substantial amount of high-density multifamily residences exist, are under construction, or are
planned for the neighborhood in which Nexus Point is located. This application seeks to create
services to support a walkable/bike-able neighborhood comprised of: Nexus Point (262 units),
Graf Street Apartments (457 units), Penrose Apartments (60 units), Enterprise south of Lantern
(88 units), and Talbach House (66 units). This neighborhood encompasses over 900 dwelling
units, plus the 250,000 sf Genesis Business Park, all within approximately one-half mile walking
distance from the public parks/open spaces and proposed commercial lots within the Nexus Point
Subdivision.
City growth policy encourages development to be walkable along with the goal of supporting
well-planned walkable neighborhoods. The subject properties comprising the above-described
neighborhood are bounded by S 19th Ave to the east, a substantial physical barrier delineating
these properties into a single neighborhood. There are currently no supportive commercial
services located on the west side of S 19th Ave (where this neighborhood is situated) resulting in
car-dependency - contradictory to the City’s stated goals and objectives.
The rezoning from R-O to B-2M (rather than REMU as proposed by the City in the 2024 zoning
update) and corresponding land use modification from Urban Neighborhood to Community
Commercial Mixed Use for the two commercial lots along S 19th Ave on either side of Arnold
St, at the primary entry to Nexus Point, are appropriate for the following reasons:
(a) The two commercial lots at Nexus Point will emphasize commercial uses, as opposed to
residential uses. Since the lots will have a commercial emphasis instead of a residential
emphasis, B-2M is more appropriate than REMU.
(b) Commercial lot plans include a local market with residences above (north side of Arnold St)
and a restaurant with residences above (south side of Arnold St) - see Exhibit J;
(c) Community Commercial Mixed Use provides for commercial areas necessary for economic
health and vibrancy of the neighborhood;
(d) Residences on upper floors will be provided;
(e) High density residential areas are in close proximity (over 900 dwelling units, in excess of
20 dwelling units per acre, within one-half mile);
(f) The commercial lots are located adjacent to a State highway, making services available to
passersby;
(g) The lots are located at the primary entry to Nexus Point from S 19th Ave, giving identity to
the neighborhood by providing a visible and distinct focal point, as well as employment and
service opportunities; and
Lot 1, Block 2 R-O REMU R-4 (RB) Urban
Neighborhood
no change Delineated
Wetlands
Park No. 1, Block 2 R-O REMU PLI Urban
Neighborhood
no change Built as Public
Park
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(h) The commercial lots are integrated in a pedestrian-friendly manner via a network of
sidewalks and trail system (including two pedestrian bridges to the sidewalk along S 19th
Ave) connecting the commercial lots to Lantern Park, Graf St, and Genesis Business Park at
Discovery Way - linking the lots to over 900 dwelling units plus approximately 250,000 sf of
office space - see Exhibit K.
Discussion: Existing Phase 1 Apartment Rezoning from R-O to R-4 (RB under the 2024
Zoning Update)
The Phase 1 apartment rezoning from R-O to R-4 (RB under the new 2024 zoning update, rather
than REMU as the new 2024 zoning proposed by the City) is appropriate as the lots have been
built according to R-4 zoning standards with no commercial office uses. The existing
construction on these lots also conforms to the new RB zoning. Furthermore, every adjacent
apartment complex: Graf Street Apartments; Penrose Apartments; southeast quadrant of
Enterprise and Lantern; and Talbach House are all zoned R-4 - see Exhibit D.
There is also a substantial adverse economic impact that results when multifamily development
occurs on R-O, rather than R-4 (or RB), zoned property. City Commission Resolution No. 5271
(Levying and Assessing Parks and Trails District) limits R-4 zoned property to a maximum
assessment square footage of 15,000 sf, but places no cap on R-O or REMU zoned property - see
Exhibit L.
Graf Street Apartments is zoned R-4 and is proposed to change to RB under the zoning update.
The 2023 assessment for this adjacent 437-unit apartment complex was $1,086.52. Graf Street
Apartments is built on 26 acres (over one million square feet of land), yet it is taxed on just
15,000 square feet of land - see Exhibit M. By contrast, a 3.416 acre portion of Nexus Point
Phase 1 (currently zoned R-O and developed with 72 dwelling units) was assessed $10,778.12 in
2023 - see Exhibit M. The remaining 48 Phase 1 apartments plus the clubhouse have been built
on the balance of the R-O zoned portion of the Phase 1 multifamily property. With the
completion of Nexus Point Phase 1, the special assessment will rise to approximately $19,000.
Clearly, it is not equitable for the 120-dwelling unit Nexus Point Phase 1 property to endure a
$19K annual special assessment, while the 457-dwelling unit Graf Street Apartments is assessed
at a mere $1K - a condition which exists only because Nexus Point endeavored to address the
needs of the community by providing supportive commercial services. If these lots (on which
only apartments have been built so far) are rezoned to REMU, the same high-taxation will apply.
The City Commission has identified affordable housing as one of its strategic goals. Nexus Point
has taken action in this effort by offering apartments at rents $200-$300 per month below
competing property - see Exhibit N. Rezoning the Phase 1 apartments from R-O to R-4 (and RB
under the new 2024 zoning update, rather than REMU) not only creates a more analogous zoning
to adjacent properties but would allow for the units to remain at more affordable rates. The City
can prioritize housing at more affordable rates by accommodating this request to amend the
existing Nexus Point Phase 1 apartment building zoning from R-O to R-4 (RB).
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Conclusion
The proposed modifications address stated goals and objectives of the City by:
(a) Providing pedestrian-friendly employment opportunities and services within a one-half mile
walking distance to over 900 dwelling units with an estimated 2,000 total residents;
(b) Providing services for a 250,000 sf business park within a one-half mile walking distance;
(c) Creating the opportunity for local commercial businesses to thrive;
(d) Reducing car-dependency in an existing walkable/bike-able neighborhood;
(e) Reducing traffic impact within the area, thereby increasing levels of service at the
intersections of S 19th Ave and Stucky Rd, Arnold St and Graf St;
(f) Creating conditions that are more amenable to affordable rents; and
(g) Contributing to the overall economic health and vibrancy of the community.
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