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Amid flooding concerns, Planning Commission OKs rezoning off South Congress

Tuesday, January 17, 2023 by Jonathan Lee

The Planning Commission voted last Tuesday in favor of a rezoning that would allow construction of a 90-unit multifamily development near South Congress and U.S. Highway 290. 

The rezoning concerns a 2-acre tract at 406 and 428 E. Alpine Road. In order to allow housing on the site, the property owner hopes to add a mixed-use (MU) designation to the site’s current General Office (GO-CO-NP) zoning. 

David Hartman, the owner’s representative, called the request “straightforward,” especially since the site is likely within walking distance to a future light rail station. But several speakers at the meeting expressed concern over the development’s potential impact to Blunn Creek, which runs through the property. 

“I think their plans showing their project and parking lot 50 feet off the creek is too much of an encroachment on the floodplain,” Jeff Kessel said, echoing the concerns of other speakers. “It’s going to completely change the riparian corridor there.” 

Kessel and others said that the building should be set back 200 feet from the creek – four times as far as the minimum setback mandated by city code – to protect water quality and mitigate flooding.

David Todd, coordinator for the Blunn Creek Partnership, said the 200-foot setback would also leave more room for a potential future greenway. He urged the applicant to include rain gardens and other green stormwater infrastructure for additional protection.

Residents had hoped to negotiate with Hartman, but he refused to do so. “I would just say that we should make decisions based on science, code provisions rather than just kind of observing a tract and saying that, based on what you looked at, the setback needs to be 200 feet,” Hartman said. 

Liz Johnston, environmental officer with the Watershed Protection Department, said in an email that city code – especially with recent updates – already provides enough protection for the creek. She said that the setback could still end up being greater than the minimum 50 feet required by code, depending on what city engineers say is needed when reviewing the project’s site plan. 

“A lot of these issues do get reviewed during site plan and are very difficult to negotiate at the zoning stage,” Johnston said.

The commission voted 9-0-2, with commissioners Carmen Llanes Pulido and Jennifer Mushtaler abstaining, to recommend City Council approve the rezoning. Council is scheduled to take up the case on Feb. 9.

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