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PLANNING
COMMISSION REPORT Regular Agenda
– Public Hearing Item |
PC Staff Report
04/21/08
ITEM NO. 4 A-1 TO RS-40; 140 ACRES; BAUER BROOK
ESTATES (SLD)
Z-03-08-08: A request
to rezone a tract of land approximately 140 acres for Bauer Brook Estates from A-1
(Suburban Home Residential) to RS-40 (Single-Dwelling Residential) for public
hearing at future meeting. (Initiated by Planning Commission on 3/24/08)
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STAFF
RECOMMENDATION: Staff recommends approval of rezoning approximately 140 acres A-1
(Suburban Home Residential) to RS-40 (Single-Dwelling Residential) District
and forwarding it to the City Commission with a recommendation for approval
based upon the findings of fact outlined in the staff report. |
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Applicant’s Reason for
Request: (Applicant is City of |
The
property has been annexed into the City of |
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KEY POINTS ·
This is a request to rezone to a City
residential zoning district. ·
This request is associated with an annexation of
property (Ordinance 8194) ·
No additional development is proposed other than
that consistent with the platted lots of the development. |
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GOLDEN FACTORS TO CONSIDER CHARACTER OF THE AREA Very low
density residential subdivision CONFORMANCE WITH HORIZON 2020 Prior to
annexation property was located in Service Area 2. |
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ASSOCIATED CASES ·
Final Plats of Bauer Brook Estates have
previously been approved and recorded ·
A-02-03-08 Bauer Brook Estates properties; located
at southeast corner of Folks Road & Peterson Road; approx. 138 acres Ord. 8194 adopted on second reading 2/26/08;
published in newspaper 2/29/08 |
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OTHER ACTION REQUIRED ·
City Commission approval of the requested
rezoning. ·
City Commission adoption of rezoning ordinance. ·
Publication of rezoning ordinance. |
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PUBLIC
COMMENT RECEIVED PRIOR TO PRINTING ·
Bob Fry, 1701 E 1100 Road; inquired about
purpose of rezoning ·
Carolynn Winters-Hazelton; |
GENERAL INFORMATION |
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Current Zoning and Land Use: |
A-1 (Suburban Home Residential) District;
existing homes and vacant lots. |
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Surrounding Zoning and Land Use: |
OS (Open Space) District to the north and
northeast; undeveloped park property and planned small parking lot with
access from R-1 (Single-Family Residential) County District
to the east; existing residential homes along RS7 (Single-Family Residential) District and GPI
(General Public and Institution) District to the south; existing residential
development and RS7 (Single-Family Residential) District and
RS10 (Single-Family Residential) District to the west; developing residential
homes |
Summary of Proposal
The City has initiated rezoning following
annexation of the subject property. The City of
1. CONFORMANCE WITH THE COMPREHENSIVE PLAN
Staff Finding – The subject
property is proposed to be rezoned to RS40 (Single-Dwelling Residential)
District the lowest density residential district available. The proposed rezoning of the subject
property, given its location is consistent with Horizon 2020. The Future
Land Use Map of Horizon 2020
designates the subject as being located in Service Area 2 of the Urban Growth
Area and appropriate for low density residential land use. The subject property
is further detailed in the Northwest Plan
as low density residential land use. The proposed zoning is in conformance with
Horizon 2020 and the related area
plan known as the Northwest Plan.
2. ZONING
AND USE OF NEARBY PROPERTY, INLCUDING OVERLAY ZONING
Staff Finding – The
subject property is surrounded by a variety of residential and open space
zoning and land uses.
3. CHARACTER OF THE NEIGHBORHOOD
Staff Finding – The subject
property is located along the west side of
4. PLANS FOR THE AREA OR NEIGHBORHOOD, AS
REFLECTED IN ADOPTED AREA AND/OR SECTOR PLANS INCLUDING THE PROPERTY OR
ADJOINING PROPERTY
Staff Finding – The subject
property is located within the bounds of the area described in the Northwest Plan. The north portion of the
area plan is anticipated for “very low density residential land use.” The
proposed zoning is consistent with this land use recommendation.
5. SUITABILITY OF SUBJECT PROPERTY FOR THE
USES TO WHICH IT HAS BEEN RESTRICTED UNDER THE EXISTING ZONING REGULATIONS
Staff Finding – The subject property has been subdivided into large residential lots.
Several lots have been developed or are being developed with residential homes.
This development activity is consistent with the existing and future
development of the lots. The current County zoning is no longer suitable for
the property upon annexation.
6. LENGTH OF TIME SUBJECT PROPERTY HAS
REMAINED VACANT AS ZONED
Staff Finding – The property has
been annexed into the City Limits and is partially developed with residential
homes on platted lots.
7. EXTENT TO WHICH APPROVING THE REZONING
WILL DETRIMENTALLY AFFECT NEARBY PROPERTIES
Staff Finding – Approving the rezoning will not detrimentally
affect nearby properties because the majority of the surrounding property is
also residential in nature. Approval of the request will reflect the existing
and future large lot development of the subdivision.
8. THE
GAIN, IF ANY, TO THE public health, safety and welfare due to the denial of the
application, as compared to the hardship imposed upon the landowner, if any, as
a result of denial of the application
Evaluation of this criterion includes
weighing the benefits to the public versus the benefit of the owners of the
subject property. Benefits are measured based on anticipated impacts of the
rezoning request on the public health, safety, and welfare.
Staff Finding – Approval of the request will result in a compatible residential zoning
designation for the large lot low density residential development that is
reflective of the subdivision design.
Approval of the request would allow for further divisions of property up
to a minimum of 40,000 SF lot size. No such plans are proposed at this time.
The RS40 district represents the very lowest residential density within the RS
districts.
9. Professional
staff recommendation
Staff Finding - Staff recommends approval of rezoning and
forwarding it to the City Commission with a recommendation for approval based
upon the findings of fact outlined above.