Capitol Park Cottages (Ivory Development)

Every hearing and vote

1. October 18, 2022 · City Council

   Consent agenda

   Approved · 7-0

   The Council approved the consent agenda 7-0. It set Nov. 10, 2022 hearings on the Capitol Park Cottages rezone at 675 North F Street (Ivory Development, 19 single-family lots; FR-3/12,000 to SR-1 and an Avenues Master Plan amendment), a rezone at 856 West 1300 South (R-1/5,000 to FB-UN1) and a plan to donate 146 surplus City computers to nonprofits. It also approved a batch of FY2022-23 grant holding account items and appointments to the Accessibility and Disability Commission (Kayci Lynam, Rich Foster, Janis Ferre) and Airport Board (Theresa Foxley).

   Moved by Council Member Wharton, seconded by Council Member Dugan. Vote: 7-0

2. October 18, 2022 · City Council work session

   Capitol Park Cottages: rezone and master plan amendment at 675 North F Street

   Discussed

   Ivory Development asked to rezone the site from FR-3/12,000 to SR-1 and amend the Avenues master plan from very low to low density to allow a 19-lot single-family project. Planners said SR-1 would double the number of lots and the applicant seeks setback, frontage, grade and retaining wall modifications. Staff reported about 650 letters opposing the rezone and a petition with around 2,000 signatures, with concerns about density, traffic, neighborhood character and safety. The Planning Commission recommended approval with conditions barring rear-yard accessory buildings along the west line and requiring second stories there to be set back 30 feet. Council Members discussed historic trees, walkability, accessory dwelling units, affordability and a development agreement. The applicant said the current zoning is outdated. A hearing was set for Nov. 10.

   • Applicant: Ivory Development
   • Zone: FR-3/12,000 to SR-1; Avenues Community Master Plan: very low to low density
   • Lots: 19
   • Planning Commission: favorable with conditions

3. November 10, 2022 · City Council

   Capitol Park Cottages rezone and master plan amendment, 675 North F Street (hearing)

   No action · 6-0

   The Council held a hearing on rezoning 675 North F Street from FR-3/12,000 to SR-1 and changing the Avenues Master Plan future land use from very low to low density, to allow Ivory Development's 19-lot single-family project (Petitions PLNPC2020-00335/00334). About 30 speakers opposed it, citing a 200 percent increase in lots and 300 percent in households, setbacks below standard, unaffordable units, burden on Capitol Park Avenue (a private road), loss of City-owned land and mature trees, differences in scale from nearby homes and steep streets. One speaker raised East-West side disparities. Four speakers supported it, citing potential accessory dwelling units, sidewalk safety, a public park and compact development. Council Member Wharton asked staff to research whether retaining walls could be consistent with City code. Action was deferred.

   • Applicant: Ivory Development
   • Lots: 19
   • Current zone → proposed: FR-3/12,000 → SR-1

   Moved by Council Member Fowler, seconded by Council Member Petro to close the hearing and defer action. Vote: 6-0

4. December 13, 2022 · City Council

   Capitol Park Cottages rezone and master plan amendment, 675 North F Street

   Approved with conditions · 4-2

   The Council adopted Ordinance 81 of 2022 rezoning 675 North F Street from FR-3/12,000 to SR-1 and amending the Avenues Community Master Plan future land use map, for Ivory Development's 19-lot single-family project, 4-2. The ordinance is subject to a development agreement with these conditions: no accessory buildings in rear yards along the west-most property line; second levels of homes along that line set back at least 30 feet; accessory dwelling units may not be short-term rentals; open space generally accessible to the community with rules set by the HOA or other entity; and following City building permits for retaining walls. Council Member Wharton, seconded by Council Member Fowler, offered a substitute motion that would have required a recorded restrictive covenant applying the City's wall table to all walls on the property and a three-foot horizontal separation between each four-foot terraced retaining wall, enforceable by the City; it failed 2-4. Wharton said the Council has a duty to protect health, welfare and safety and the requirements were reasonable. Council Member Puy said no stipulations should be added that controlled density and cited the earlier work session discussion on wall safety. Council Member Fowler said density was not an issue but the project should offer more affordable housing; Council Member Mano also wanted more affordability. Council Member Petro-Eschler said the developer should rely on engineers to build the walls safely.

   • Applicant: Ivory Development
   • Lots: 19
   • Current zone → proposed: FR-3/12,000 → SR-1
   • Substitute motion (Wharton/Fowler, retaining wall covenant) failed 2-4

   Moved by Council Member Mano, seconded by Council Member Puy. Vote: 4-2; Council Members Amy Fowler and Chris Wharton voted no

5. December 13, 2022 · City Council work session

   Capitol Park Cottages rezone and master plan amendment, 675 North F Street: follow-up

   Discussed

   Staff briefed the Council on motions before it for Ivory Development's 19-lot project. Applicant Peter Gamvroulas said he would accept conditions: no accessory dwelling units in the rear yard along the western boundary, no second levels within 30 feet of that boundary, open space accessible to the public, a deed restriction or covenant barring short-term rentals in accessory units, and following normal building process for retaining walls. He noted the site plan was not complete and no walls were known at this time. Council Member Mano said the density was appropriate but opposed requiring retaining wall conformity as overreach compared with other projects. Planning staff said walls of four feet need a building permit and walls four feet and higher need a licensed engineer's approval; a three-foot setback was added to break up tall walls. Council Member Wharton, who joined during the item, said he would vote no because the neighborhood had no assurance the walls would be engineered and built safely.

   • Applicant: Ivory Development
   • Lots: 19
   • Applicant-accepted conditions: no rear-yard ADUs along western boundary; no second levels within 30 feet of western boundary; public-accessible open space; no short-term rentals in ADUs; standard retaining wall process