PUBLIC HEARING ITEM:
RESUME PUBLIC HEARING:
ITEM NO. 15D: B-3 TO RM-1; 20.1626 ACRES; NORTH OF CLINTON PARKWAY AND EAST OF K-10 HIGHWAY (SLD)
Z-12-50-03: A request to rezone a tract of land approximately 20.1626 acres from B-3 (Limited Business) District to RM-1 (Multiple-Family Residential) District. The property is generally described as being located north of Clinton Parkway and approximately 508’ east of K-10 Highway (SLT) right-of-way. Submitted by The Peridian Group, Inc., for Yankee Tank Investors, Yankee Tank Investors, L.C., and Alvamar, Inc., property owners of record.
GENERAL INFORMATION
Current Zoning and Land Use: B-3 (Limited Business District); County commercial zoning, undeveloped property used for agricultural purposes.
Surrounding Zoning and Land Use: B-1 (Neighborhood Business District) to the north, east and west; undeveloped property used for agricultural purposes. [See Also Z-12-48-03 and Z-12-49-03]
A (Agricultural) District to the south (south side of Clinton Parkway); Corps of Engineers property.
Reason for Request: Residential development
I. ZONING AND USES OF PROPERTY NEARBY
Staff Finding – The subject property is a portion of a larger tract currently zoned for county commercial uses. The property is undeveloped and is surrounded by existing and planned residential uses to the north, east and west.
II. CHARACTER OF THE AREA
Staff Finding – The character of the area is best described as agricultural in nature at the current time. Residential development has been approved immediately to east.
III. SUITABILITY OF SUBJECT PROPERTY FOR THE USES TO WHICH IT HAS BEEN RESTRICTED
Staff Finding – Upon annexation the County zoning district will no longer be appropriate. The property is currently zoned for County commercial uses. The property has been zoned for commercial uses since 1977. Suitability of the proposed request is related to the preliminary plat (Item 15E, PP-12-15-03) based on the configuration of lots and the interior street network.
IV. LENGTH OF TIME SUBJECT PROPERTY HAS REMAINED VACANT AS ZONED
The Planning Commission considered the initial county zoning in 1977 and then again in 1982. The following excerpt is taken from the Z-02-05-82 staff report to demonstrate the reasons for the commercial zoning:
As for the question of the appropriateness of the approved zoning classification for this property, it is the staff's view that it is too intensive a commercial district for this location. Because of its close proximity to the reservoir, the limited access to the property and the low density residential development that is planned for the area to the north and east of this property, a more appropriate zoning would be B-3, Limited Business (commonly referred to as lake oriented commercial). The applicant's representative, at the Planning Commission meeting on January 25, 1978, stated that "this site had a view of the reservoir and would be developed as a lake-oriented, recreational area. The applicants argued during the zoning hearing that the uses proposed for the property required B-2 zoning. All of the uses shown on their development plan, however, are appropriate for the B-3 zoning district. Two of these uses--motel and camping facilities--are not allowed uses in the B-3 district at this time, but are highly compatible with the intent of the district.
Staff Finding – The subject property is vacant and has been zoned for County commercial uses since 1977.
V. EXTENT TO WHICH REMOVAL OF RESTRICTIONS WILL DETRIMENTALLY AFFECT NEARBY PROPERTY
Staff Finding – The subject property is only a portion of the original commercial district. The current development proposal includes retaining only a portion of the original commercial zoning (4.7 acres) and adding a significant amount of higher density residential uses. It is anticipated that property will be rezoned upon annexation.
The annexation of the property into the City will require additional review prior to development. This area has generally been anticipated for commercial land uses as articulated in Horizon 2020. The ability to mitigate impacts for abutting land uses is the focus of both the land use discussion and the preliminary plat review. The ability to transition land uses and provide adequate separation is critical to limiting undesirable impacts on the existing low-density development. The proposed change will provide a land use transition along Clinton Parkway between the future collector street to the west and the PRD to the east. The transition along the north property line will need to be addressed through the site plan review process and possibly the provision of landscape easements to enhance the separation. This will mitigate any detrimental impacts.
The collector street orientation must also be addressed to de-emphasize any direct connections between the commercial and residential portions of the neighborhood. This element is discussed in the staff report for Agenda Item 15E; PP-12-15-03.
VI. RELATIVE GAIN TO THE PUBLIC HEALTH, SAFETY AND WELFARE BY THE DESTRUCTION OF THE VALUE OF THE PETITIONER’S PROPERTY AS COMPARED TO THE HARDSHIP IMPOSED UPON THE INDIVIDUAL LANDOWNERS
Staff Finding – If approved, the proposed change will re-designate a portion of the County commercial area to a City zoning district and provide for higher-density residential development and approved to the east or north. The annexation and zoning of the property are preliminary development steps. Development of the property will include the extension of municipal services to serve the property. Service extension is consistent with plans to ultimately provide a looped network to serve the western portion of the City between Clinton Parkway and W. 15th Street.
The applicant’s request deviates from the anticipated land use. The ability to mitigate hardships is directly related to the ultimate lot and street layout. Upon annexation the County zoning district will not be appropriate.
VII. CONFORMANCE WITH THE COMPREHENSIVE PLAN
Approval of the request will result in a reduction of an identified commercial area. Horizon 2020 supports the concept of maintaining existing commercial development and provides specific strategies for addressing commercial land use areas as outlined in the staff report for Z-12-48-03 (Item 15B). The key point discussed in that report was the need to maintain existing commercial property. Commercial development should be oriented to the intersection and not spread out along the arterial street frontage.
Horizon 2020 describes medium density residential development as reflecting an overall density of 7 to 15 dwelling units per acre. The proposed request would convey a total density of approximately 12 dwelling units per acre. Medium-density residential land use is recommended “at selected locations along major roadways, near high-intensity activity areas, and when adjacent to important natural amenities as cluster development.” [1] The Plan discusses and encourages specific types of development for this land use such as mixed housing and cluster development with respect to natural land features. The Plan states that new medium-density development would “occupy transitional locations between single-family neighborhoods and office/commercial areas” (Page 64). The proposed request is consistent with this description found in Horizon 2020.
The plan supports a philosophy of “Compatible Transition from Low-Density Residential Development to More intensive Land Uses” as articulated in Goal 6 (page 79). The plan recommends the use of natural features and berms as land use separators when possible. The preliminary plat shows an area located in the northeast corner of the subject property that will serve detention and stormwater run-off needs. If approved, this element can be incorporated into the development to address buffering and transition through the design portion of the development. The use of the collector street to separate land uses is also an effective tool. This separation will need to be continued at the north property line and provide a street segment to the west to the frontage road to complete the street network. These are plat issues but are directly related to the ability of the development to comply with land use transition recommendations found in Horizon 2020.
Per Section 20-603 of the City Zoning Code the purpose of the RM Districts are as follows:
‘…to provide areas for medium and high population density. RM districts will consist of (1) areas containing multi-family dwellings (including two-family dwellings) with some single-family dwellings, (2) areas which contain single-family and two-family dwellings, are centrally located, and are appropriate to ultimate multi-family development, and (3) open areas where future multi-family development appears desirable. In addition to the general purpose applying to the RM and RS districts the RM Districts are designed to encourage the provision of multiple-family accommodations in districts of four permitted densities.”
Staff Finding –The proposed request is consistent with the recommended land uses in terms of transition as discussed in Horizon 2020. Further reduction of the commercial area must be considered carefully with regard to future development.
STAFF REVIEW
The subject property is currently zoned for a variety of commercial uses. The boundary of the commercial district has not changed since 1977 with the exception of the K-10 Highway and Clinton Parkway improvements. The proposed acreage includes right-of-way for Clinton Parkway so that the district boundary will be carried to the center line of the street. The proposed request combined with the proposed high-density residential development to west of the proposed C-5 (Limited Commercial) District severely reduces the flexibility for future commercial development by reducing the total commercial acreage. The proposed request must be considered in conjunction with the proposed preliminary plat in the orientation and layout of lots and related land uses.
The land use expectation described in the Clinton Lake Area Mini-Comprehensive Plan, Plan 95 and Horizon 2020 as a commercial node. Because the nature of this request, combined with the overall land use discussion, impacts the boundary of the platted lots, staff recommends that the rezoning be conditioned on approval of a final plat to assure boundaries are properly aligned with dedicated rights-of-way.
The proposed request would be located on the eastern side of a new collector street, separating land uses along Clinton Parkway. Multi-family uses are permitted in the C-5 (Limited Commercial) District. The proposed change provides continuity of the residential pattern along Clinton Parkway and establishes a definitive land use change from the new collector street westward.
Staff further recommends the provision of streets to promote land use separation and transition as discussed in the preliminary plat report. Approval of any subsequent zoning should be conditioned upon approval of a preliminary and final plat to assure lot layout and district boundaries are aligned.
PROFESSIONAL STAFF RECOMMENDATION
Planning Staff recommends approval of 20.16 acres from B-3 (Limited Commercial) District to RM-1 (Multiple-Family Residence) District and forwarding of it to the City Commission with a recommendation for approval based upon the findings of fact presented in the body of the staff report and subject to the following conditions:
1. Approval and publication of an annexation ordinance prior to publication of a rezoning ordinance; and
2. Approval of a final plat.