PLANNING COMMISSION REPORT
Regular Agenda – Public Hearing Item
PC Staff
Report
ITEM NO. 4C : A TO RM12-PD; 80 ACRES;
Z-11-28B-07: A request to rezone a tract of land
approximately 80 acres, from A (Agricultural) to RM12-PD (Multi-Dwelling
Residential Planned Development Overlay). The property is located at the
intersection of
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STAFF RECOMMENDATION: Staff recommends approval of the rezoning
request for 80 acres from A (Agricultural) to RM12-PD (Multi-dwelling
Residential Planned Development Overlay) District and forwarding it to the |
Applicant’s reason for request:
“Development of apartment community and golf course.”
KEY POINTS
· The intent of the applicant is to develop a low density multi-dwelling residential subdivision with golf course.
· The property is currently outside the City limits. An annexation request [A-11-07-07] was submitted concurrently with this rezoning request.
· The property contains environmentally sensitive lands including significant wooded areas and heavily sloped terrain.
GOLDEN FACTORS TO CONSIDER
CHARACTER OF THE AREA
·
The area is agricultural in nature with
scattered rural residences with an established residential development to the
east. Development proposals are pending to the south, and the property adjacent
to the south property line has been platted as a residential subdivision but
has not yet been developed.
CONFORMANCE WITH HORIZON 2020
§
The proposed rezoning request from A to RM12-PD is
consistent with land use recommendations found in Horizon 2020.
ASSOCIATED CASES/OTHER ACTION REQUIRED
ANNEXATION
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REZONING
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DEVELOPMENT
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·
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Submittal
and Planning Director approval of Final Development Plan.
PLATTING
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Planning
Director approval of the Final Plat.
·
Recording
of the Final Plat with the
PUBLIC COMMENT RECEIVED PRIOR TO PRINTING
· No public comment has been received prior to printing this Staff Report.
GENERAL INFORMATION
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Current Zoning and Land Use: |
A (Agricultural) District; woodland and
row-crops. |
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Surrounding Zoning and Land Use: |
To the north and west: A (Agricultural) District; land outside
the incorporated city limits with agricultural uses, woodland and scattered
rural residences. To the east: RS7
(Single-dwelling Residential) District, single family residences. PRD (Westwood Hills Planned Residential
Development); property has not yet been platted or developed. To the south: RM12D (Multi-dwelling Residential) and
RS7 (Single-dwelling Residential) Districts; platted subdivision which has
not yet been developed. |
I. ZONING AND LAND USES OF
SURROUNDING PROPERTIES
Staff Finding -- The surrounding properties to the east and south have been zoned and platted as residential developments, with the exception of a portion that is zoned UR (Urban Reserve) pending a development proposal. The surrounding properties to the north and west lie outside the city limits and are zoned and used for agricultural purposes with scattered rural residences.
II. CHARACTER OF THE AREA
The eastern and southern borders of the property are contiguous with the City limits. A platted residential subdivision is located directly to the south and development proposals are pending south of the subject property; however, the land is currently in woodland and agricultural uses. A residential neighborhood is located to the east. Land north and west of the subject property lie outside the City limit and remain agricultural in nature with scattered rural residences. The K-10 Bypass/W 6th Street intersection is in the area and is recommended as a regional commercial center. Development proposals are pending for commercial development in the area.
Staff Finding -- The area is currently rural in nature, containing wooded areas and agricultural land uses with the exception of the property to the east which contains a developed residential neighborhood. Land to the south has been platted and additional commercial and residential development activity is anticipated in the area to the south.
III. SUITABILITY OF SUBJECT PROPERTY FOR THE USES TO WHICH IT HAS BEEN
RESTRICTED
Applicant’s Response:
“The property and land configuration along
with school district make the property unsuitable for single family homes.”
The property is currently zoned A (Agricultural). Agricultural zoning allows for agricultural uses such as farms, truck gardens, nurseries, hospital or clinic for large or small animals, commercial dog kennel, commercial green house, commercial riding stable, grain storage structures, religious institution, college and school, country club and other similar uses. Per the County Zoning Ordinances, the purpose of the A District as “to provide for a full range of agricultural activities, including processing and sale of agricultural products raised on the premises…. and to prevent the untimely scattering of more dense urban development.” A request has been submitted for the annexation of the subject property. Agricultural uses are suitable for the area until a development proposal has been approved.
Staff Finding --
Agricultural uses on property that lies outside the City limits are
suitable until the property is annexed into the City and a development proposal
has been approved. At that time a more appropriate zoning district must be
established. The subject property will no longer be suitable for the agricultural
uses to which it is restricted.
IV. LENGTH OF TIME SUBJECT PROPERTY HAS REMAINED VACANT AS ZONED
Applicant’s Response:
“The
property has always been vacant.”
Staff Finding – The property has never been developed but has been used for agricultural purposes.
V. EXTENT TO WHICH REMOVAL OF RESTRICTIONS WILL DETRIMENTALLY AFFECT
NEARBY PROPERTY
Applicant’s response:
“The nearby properties will generally abut
golf course therefore, there should be no detrimental affect on the neighbors.”
The Development Code provides for the protection of environmentally sensitive areas by requiring development to occur either as a cluster subdivision or a Planned Development if environmentally sensitive features are present in significant amounts. If more than 15% of the area proposed for development contains environmentally sensitive features it must be developed as a Planned Development. Additional requirements of a Planned Development include a 60’ buffer area from immediately adjacent properties and the provision of greater amounts of common open space than is required with conventional zoning.
Staff Finding – The overlay district being requested will provide greater
amounts of common open space than is required with conventional zoning to
protect environmentally sensitive lands and 60’ buffer areas around the
perimeter of the development to insure compatibility with adjacent properties. The
rezoning should have no detrimental effect on neighboring properties.
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
Applicant’s Response:
“The City will gain needed housing which will be mixed with abundant
green space. Denial of the application would take the owner’s economic interest
in the property and severely reduce that value.”
Evaluation of these criteria includes weighing the benefits to the public versus the benefits of the owner of the subject property. Benefits are measured based on the anticipated impacts of the rezoning request on the public health, safety and welfare. The overlay zoning district being requested would require the provision of open space and the preservation/protection of environmentally sensitive features which would benefit the public health and welfare. If the overlay zoning district request were denied, the property owner would not be able to develop the property with urban land uses as the Development Code requires a Planned Development Overlay District where environmentally sensitive features are present on more than 15% of the property.
Staff Finding – The rezoning would have a positive impact on the welfare, and health of the community by allowing a residential development to be developed in such a way that wooded areas and natural features are preserved and a recreational amenity is provided.
VII. CONFORMANCE WITH THE
COMPREHENSIVE PLAN
Applicant’s Response:
“The plan conforms with the density
requirements of the Horizon 2020 plan.”
The rezoning request is for a Planned Development Overlay District which is required by Code for development proposals with environmentally sensitive features on more than 15% of the property.
Policy 1.2 in the Residential Chapter of Horizon 2020 recommends that the development review process seek
the preservation of natural features through sensitive site planning and
design. (page 5-13) Policy 5.1
recommends that “Natural environmental features within residential areas should
be preserved and protected. Natural vegetation and large mature trees in
residential areas add greatly to the appearance of the community as a whole and
should be maintained. Changes to the natural topography should be minimal.
The Development Code implements these recommendations by requiring that
properties with more than 15% of the area containing environmentally sensitive
features develop as a Planned Development to insure protection of the natural
features and sensitive lands.
Staff Finding
The rezoning request is compliant with recommendations in Horizon 2020 that natural lands and open
space be preserved. The requirements in the Development Code for planned
developments provide protection/conservation of the environmentally sensitive
lands.
STAFF REVIEW
Staff recommends approval of the rezoning request to the RM12 Base District with a limit on maximum density. The Planned Development Overlay District is required by Code for properties which contain environmentally sensitive lands. The purpose of the Overlay District is to protect the environmentally sensitive lands and natural features on site. The proposed Preliminary Development Plan accompanying the rezoning request indicates that areas with stands of mature trees and heavy sloped terrain will be protected.