PLANNING COMMISSION REPORT

Regular Agenda – Public Hearing Item

PC Staff Report

10/24/07

ITEM NO. 17 : RM12D &RS7 to OS; 4.28 ACRES; OREGON TRAIL (MKM)

Z-09-18-07:  RM12D (Multi-Dwelling Residential) & RS7 (Single-Dwelling Residential) to OS (Open Space); 4.28 acres; Oregon Trail Addition (Initiated by Planning Commission on 8/29/07)

STAFF RECOMMENDATION: Staff recommends approval of the rezoning of approximately 4.28  acres from RS7 (Single-dwelling Residential) and RM12D (Multi-dwelling Residential) Districts to OS (Open Space District and forwarding it to the City Commission with a recommendation for approval based on the findings of fact found in the body of the staff report.

Applicant’s reason for request:        The Revised Final Plat for Oregon Trail Addition shows the drainage easement and accessway as a tract. This tract was dedicated to the City as City Parkland. Rezoning this property to OS (Open Space) District will establish a zoning classification that accurately reflects the land use.

KEY POINTS

§ Rezoning requests for this property [Z-09-46-04, Z-09-47-07, and Z-09-48-04] from A (Agricultural) to RS-2 (Single-Family Residence), RM-1 (Multi-Family Residence) and RM-D (Multi-Family Duplex0 Districts were approved by the City Commission on November 16, 2004. With the adoption of the Land Development Code the zoning classifications converted to RS7, RM12 and RM12D. The rezonings were conditioned on the recording of the final plat.

§ The final plat was approved by the Planning Commission on 8/23/06. Dedication of easements and rights-of-way were accepted by the City Commission on 9/05/06. City Commission approved the revised final plat with the tract being dedicated for City parkland on 2/13/07. The revised final plat was recorded on 5/14/07.

GOLDEN FACTORS TO CONSIDER

CHARACTER OF THE AREA

• The property is located to the north of W 6^th Street and east of the K-10 Bypass. This area is currently undeveloped although there is pending commercial and residential development for the property to the west and the final plat for the Oregon Trail Addition has been recorded which will permit the development of single-dwelling and multi-dwelling residences.

CONFORMANCE WITH HORIZON 2020

§ The proposed request conforms to land use recommendations found in Horizon 2020.

ASSOCIATED CASES/OTHER ACTION REQUIRED

· Approval of this rezoning request by the City Commission and Ordinance publication.

PUBLIC COMMENT RECEIVED PRIOR TO PRINTING

§ No comment was received in the Planning Office prior to printing this staff report.

GENERAL INFORMATION

Current Zoning and Land Use:  Surrounding Zoning and Land Use:

RM12D (Multi-Dwelling Residential) and RS4 (Single-dwelling Residential) Districts; undeveloped land. To the west:  RM12D (Multi-dwelling Residential) District; undeveloped portion of Oregon Trail Addition designated for duplex residences. To the north:  A (Agricultural) District; undeveloped wooded property. To the east:  RS7 (Single-dwelling Residential) District; undeveloped portion of Oregon Trail Addition designated for single-dwelling residences. To the south:  RS7 (Single-dwelling Residential) District; undeveloped portion of Oregon Trail Addition designated for single-dwelling residences.

I.  ZONING AND LAND USES OF SURROUNDING PROPERTIES

Staff Finding – The property is located within the interior of the Oregon Trail Addition, with the exception of the north property line. The property to the north is wooded land outside the City limits which is zoned for agricultural uses. The remainder of the surrounding property is zoned for Single- and Multi-dwelling Residences and is currently undeveloped.

II.  CHARACTER OF THE AREA

Staff Finding  -- The property is located to the north of W 6^th Street and to the east of the K-10 Bypass. The area is currently undeveloped, but development is anticipated within this area as several commercial and residential development proposals are pending for several properties in the area.

III. SUITABILITY OF SUBJECT PROPERTY FOR THE USES TO WHICH IT HAS BEEN RESTRICTED

The property contains a drainage easement. It is currently zoned for single- and multi-dwelling residences which are not permitted within the drainage easement. The dedication of the open space to the City along with the access ways provides a neighborhood park area with play equipment and walking paths.

Staff Finding  --  The subject property is not suitable for residential uses as currently zoned; but is suitable for use as open space.

IV. LENGTH OF TIME SUBJECT PROPERTY HAS REMAINED VACANT AS ZONED

Staff Finding – The final plat was recorded in May of 2007. The property has not been developed to date.

V.     EXTENT TO WHICH REMOVAL OF RESTRICTIONS WILL DETRIMENTALLY AFFECT NEARBY PROPERTY

Staff Finding –  The rezoning would establish a zoning classification which would fit the land use. The tract has been dedicated to the City as parkland which will provide open space for the benefit of the neighborhood. There would be no detrimental effect on nearby property.

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 – The rezoning request will allow the zoning to accurately reflect the land use of the subject property. The rezoning will not benefit nor harm the public health, safety or welfare other than providing accurate information on the types of land use which are permitted.

VII. CONFORMANCE WITH THE COMPREHENSIVE PLAN

Parks, Recreation and Open Space Chapter (Chapter Nine) of Horizon 2020 recommends using creative and innovated techniques for acquiring parkland as direct purchase of land becomes more difficult. (page 9-7) This area was required to be set aside as a drainage easement on the final plat. The applicant and the City reached an agreement that the City would accept maintenance responsibilities if the property were dedicated and developed as parkland. A benefit district was created for the development of the park area and trails.

Policy 3.1(e) of Chapter Nine encourages open space uses in the floodplains and drainageways. This open space is being located in the area designated as a drainage easement.

Policy 4.1(b) of Chapter Nine recommends that street and utility improvement projects be used as opportunities for including the addition of sidewalks and trails.

The accessway being provided to the park area contains the sanitary sewer infrastructure.

STAFF REVIEW

The final plat of Oregon Trail Addition was revised to dedicate the area previously shown as a drainage easement and accessways to the City as parkland. This rezoning request to the Open Space District was initiated by the Planning Commission since the property is City owned property which is being developed as a City park.