PUBLIC HEARING ITEM:
ITEM NO. 17A: A TO PRD-2; 17.95 ACRES PLUS RIGHT OF WAY; SOUTH SIDE OF K-10 AND WEST OF O’CONNELL ROAD (SLD)
SUMMARY
Z-12-52-03: A request to rezone a tract of land approximately 17.95 acres plus right-of-way from A (Agricultural) District to PRD-2 (Planned Residential Development) District. The property is generally described as being located on the south side of K-10 Highway, west of O’Connell Road. Submitted by The Peridian Group, Inc., for Eastside Acquisition, L.L.C., property owner of record. Deferred from the January Planning Commission Meeting
GENERAL INFORMATION
Current Zoning and Land Use: A (Agricultural) District; existing crop land.
Surrounding Zoning and Land Use: RM-D (Duplex Residential) District [Z-08-27-03] per City Commission action on 10/14/03 to the west and south of the subject property; undeveloped.
A (Agricultural) District to the east; crop land.
O-1 (Office) District [Z-08-29-03A] per City Commission action on 10/14/03 to the north of the subject property; undeveloped.
C-5 (Limited Commercial) District, RS-1 (Single-Family Residence) District, M-3 (Intensive Industrial) District and I-1 (Limited Industrial District) located on the north side of E. 23rd Street; existing commercial business, community building and undeveloped agricultural properties. The County I-1 district was a parcel that was annexed, but was not rezoned to a city zoning district.
Reason for Request: Multi-Family residential development.
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Related Requests: Farmland Northwest Addition |
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A-08-12-03 – Annexation of 55.470 AC. |
Planning Commission Recommended Approval 9/24/03 |
City Commission approved 10/14/03 |
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Z-08-27-03 – A to RM-D; 23.938 AC. |
Planning Commission Recommended Approval 9/24/03 |
City Commission approved on 10/14/03 |
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Z-08-28-03 – A to RS-2; 8.622 AC |
Planning Commission Recommended Approval 9/24/03 |
City Commission approved on 10/14/03 |
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Z-08-29-03 – A to RO-1B; 27.235 AC. |
Planning Commission recommended approval 9/24/03 of 3.75 acres to O-1 (Office) District; and Deferred 17.95 acres to 10/03 meeting |
City Commission approved 3.75 acres plus adjacent right-of-way on 10/14/03 |
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PP-08-10-03 – Farmland Northwest Addition |
Planning Commission Approval 9/24/03 |
No action required by City Commission |
I. ZONING AND USES OF PROPERTY NEARBY
Staff Finding – The subject property is part in a 55-acre development request know as Farmland Northwest Addition. Immediately surrounding land uses includes low-density residential uses, agricultural, and non-residential uses (on the north side of E. 23rd Street). The general area is bounded on the north by K-10 highway and O’Connell Road (a collector street) on the east.
II. CHARACTER OF THE AREA
Staff Finding – The subject property is located in the northeast corner of a developed residential neighborhood that includes an elementary school and multiple park properties. Low-density residential zoning requests have been made for the area to the immediate west and south of the subject property. A portion of the subject property abuts K-10 Highway (E. 23rd Street). The topography is relatively flat in this area. The surrounding neighborhood is comprised of multiple housing types and a range of densities. Higher density development exists along the periphery of the neighborhood.
III. SUITABILITY OF SUBJECT PROPERTY FOR THE USES TO WHICH IT HAS BEEN RESTRICTED
The image to the right shows the neighborhood area used in this review. The neighborhood includes several multi-family housing areas located at the perimeter of the neighborhood to the north and west. The majority of multi-family housing within the neighborhood is comprised of duplex housing. Pockets of higher density housing are located north of E. 25th Street: a mobile home park in the northwest portion of the neighborhood, two planned unit developments between 24th and 25th Streets and a small triplex apartment development located northeast of Anderson Acres south of E. 23rd Street[1]. The higher density areas [8 to 14 dwelling units per acre] are compact and located on smaller parcels, ranging in size from 1 to 6 acres.
The original zoning request for this property was proposed as RO-1B (Residence-Office) District (Z-08-29-03) to allow both multi-family and office uses. Multi-family land use was proposed as a transition between the office district and highway activity along E. 23rd Street and the lower-density residential land uses to the south and west.
Staff Finding – Upon publication of the annexation, the existing county zoning designation will no longer be appropriate. The proposed request is shown on the proposed final plat (Lot 3, Block 1 Farmland Northwest Addition). Higher density, residential land uses are anticipated along the arterials and collector streets in this area.[2] Multi-family development is an appropriate transitional land use between highway activity and lower density single-family homes. The suitability of the land use is based on the ability to develop the property in a manner consistent with the existing land use pattern. A Preliminary Development Plan accompanies this request.
IV. LENGTH OF TIME SUBJECT PROPERTY HAS REMAINED VACANT AS ZONED
Staff Finding - The subject property is undeveloped and has served as a buffer for the intensive industrial use to the north and from the adjacent major arterial street. The Agricultural Zoning has been in place since 1966. Annexation was approved by the City Commission on 10/14/03. Rezoning requests and a preliminary plat were recommended for approval by the Planning Commission for the surrounding area.
V. EXTENT TO WHICH REMOVAL OF RESTRICTIONS WILL DETRIMENTALLY AFFECT NEARBY PROPERTY
Staff
Finding - Upon annexation the county agricultural zoning designation
will not be appropriate. The immediate properties surrounding the subject
property are undeveloped. Two significant elements must be addressed as part of
the Development Plan; appropriate land use transition and, intersection
improvements at K-10 and O’Connell Road.[3] Approval
of the request should be conditioned upon approval of a Preliminary Development
Plan to assure adequate measures are taken to mitigate detrimental impacts. .
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 - As noted, the A (Agricultural) county zoning district will not be appropriate upon annexation. The subject property is part of a larger development proposal including multiple districts. Development of the 55-acres will be a significant change within the neighborhood as local and collector streets are extended and improved.
The proposed Development Plan, lot design and the PRD zoning requested allow for detailed review of the proposed development and integration in a manner that will ensure compatibility and is consistent with the traditional development pattern of the area.
VII. CONFORMANCE WITH THE COMPREHENSIVE PLAN
Horizon 2020 is the comprehensive land-use planning document. The Plan supports the transition of land uses and gradation of intensity of uses between residential and non-residential uses. Higher density land uses are anticipated along major streets such as arterial streets and highways. The subject property is located in Service Area One within the Urban Growth Area.
The
neighborhood model included in Horizon 2020 depicts the development
concept of office uses located at the intersection of arterial and collector
streets (Figure 11). The Plan provides multiple recommendations regarding the
need to establish land use transitions and the use of physical development to successfully
achieve transition through building orientation, screening, setbacks, and use
intensity.
Critical elements that must be addressed at the Preliminary Development Plan state include the buffering of land uses between the proposed district and the adjacent low-density development that has recently been approved and the provision of access.
Staff Finding – The critical element to ensuring compatibility with Horizon 2020 is a Preliminary Development Plan. Staff concurs that multi-family development is anticipated and expected in this general location. A maximum density of 15 dwelling units is permitted in the PRD-2 (Planned Residential Development) District.
STAFF REVIEW
The subject property cannot immediately be provided with sanitary sewer service that is consistent with the adopted Wastewater Master Plan. The applicant and City staff are working on the necessary agreements to address this issue. This multi-family (townhouse and apartment) development will not be allowed to connect to the existing sanitary sewer system. Development will depend on the ability to provide sanitary sewer service that flows to the east.
Staff recommends that approval of the PRD-2 (Planned Residential District) subject to the approval of a Preliminary Development Plan. This recommendation is intended to:
· Maintain a consistent development pattern in the larger neighborhood context;
· Create a Phased transition of the development intensity; and
· Limit the scale of housing at the periphery of the east side of the neighborhood.
· Establish land use transition between the subject property and the arterial street (E. 23rd Street), the collector street (O’Connell Road) and the abutting properties.
PROFESSIONAL STAFF RECOMMENDATION
Planning Staff recommends approval of approximately 17.95 acres from A to PRD-2 (Planned Residential District) and forwarding of this application to the City Commission with a recommendation for approval based upon the findings of fact presented in the body of the staff report, subject to the following condition:
1. Approval of a Preliminary Development Plan.