PLANNING COMMISSION REPORT

Regular Agenda – Public Hearing Item

PC Staff Report

11/26/07

ITEM NO. 1: A to GPI; 9.656 ACRES; PUMP STATION 48; 851 N FOLKS RD (MKM)

Z-09-19-07:  A request to rezone a tract of land approximately 9.656 acres for Pump Station 48, from A (Agriculture) to GPI (General Public and Institutional). The property is located at 851 N Folks Rd. Initiated by Planning Commission on 8/29/07.

STAFF RECOMMENDATION: Staff recommends approval of the rezoning of approximately 9.656  acres from A (Agricultural) District to GPI (General Public and Institutional Use) 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:        A 9.656 acre parcel was annexed into the City in preparation for Pump Station 48 and a suitable City zoning classification must be designated for this property.

KEY POINTS

§ The annexation ordinance for this property [Ord. No. 8044] was published 10/27/2006.

§ The development of a pump station requires that the property be platted and site planned.

§ A minor utility with a minimum site area of 5 acres is a permitted use in the GPI (General Public and Institutional Use) District.

GOLDEN FACTORS TO CONSIDER

CHARACTER OF THE AREA

• The area is located within a heavily wooded portion of Douglas County. Much of the land in the area has been divided into large lots ranging from 3 acres to 14 acres. Most of the property in the area is undeveloped with scattered rural residences. An 18 acre wooded City park, Martin Park, is located south of the subject property.

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.

· Submittal and Planning Commission approval of a preliminary plat.

· Acceptance of the dedicated rights-of-way and easements on the preliminary plat by the City Commission.

· Submittal and administrative approval of the final plat.

· Recording of the final plat with the Douglas County Register of Deeds.

· Administrative review and approval of site plan [SP-09-78-06].

PUBLIC COMMENT RECEIVED PRIOR TO PRINTING

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

GENERAL INFORMATION

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

A (Agricultural) District; City pump station. To the east:  R-1 (Single Family Residential) District; Warehouse facility (per the Douglas County Land Use Map), rural residence and woodland. To the north and west: A (Agricultural) District; Agricultural uses. To the south:  A (Agricultural) District; rural residence and N 1750 Road.

I.  ZONING AND LAND USES OF SURROUNDING PROPERTIES

Staff Finding – The surrounding properties are zoned for single-family residences and agricultural uses. There are scattered rural residences in the area and the remainder of the land is woodland or is in agricultural production.

II.  CHARACTER OF THE AREA

Staff Finding – The property is located near the end of Folks Road (E1100 Road) approximately 750 feet south of the I-70 Turnpike. The area is primarily woodland with some scattered rural residences and agricultural lands.

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

The property was annexed into the City in October of 2006. The A (Agricultural) District permits a full range of agricultural activities and is intended to protect forested or agricultural areas and prevent the untimely scattering of more dense urban development. The A District is a County zoning designation which is not appropriate for property within the City. Newly annexed property would be zoned to the UR (Urban Reserve) District pending a development proposal. This site is developed with a pump station and the UR District is not appropriate. The GPI District is an appropriate zoning district for both major and minor utilities.

Staff Finding  --  The subject property is no longer suitable for agricultural uses as it has been annexed into the City. The property is developed with a City sanitary sewer pump station; therefore the requested GPI (General Public and Institutional Use) District is appropriate.

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

Staff Finding – The property had been agricultural land and was recently developed with a City pump station while the property was zoned A (Agricultural). The rezoning is being requested so the zoning designation of the property will accurately reflect the land use.

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

Staff Finding –  The property has been developed with a pump station with a residential style building that is compatible with the area. The rezoning would not detrimentally affect 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 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

Chapter Ten of Horizon 2020 contains recommendations concerning community facilities. Page 10-11 of Horizon 2020 recommends that the visual appearance of utility improvements be addressed to ensure compatibility with existing and planned land use areas.

Policy 2-4 recommends that locations be chosen and sites designed in a manner which minimizes the impact on adjacent properties and that new buildings be well-designed to enhance the appearance and image of the City and County. (page 10-17, Horizon 2020)

The proposed pump station is located within the Baldwin Creek Drainage Basin. Horizon 2020 recommends that the City develop a definitive policy to insure the installation of desired permanent collection and treatment facilities prior to permitting private development in the larger Baldwin Creek Drainage Area. (page 10-13, Horizon 2020) The City adopted a wastewater master plan in 2003. Figure IV-1 of the City’s 2003 Wastewater Master Plan shows a utility facility in this approximate location as part of the proposed improvements.

Staff Finding – The rezoning request is in conformance with the recommendations in the Comprehensive Plan.

STAFF REVIEW

The property was developed with a sanitary sewer pump station in conformance with the recommendations in Horizon 2020 and the City’s 2003 Wastewater Master Plan. The property was not rezoned at the time of development; therefore, the Planning Commission initiated the rezoning from A (Agricultural) to GPI (General Public and Institutional Use) District so the zoning would accurately reflect the land use.