PLANNING COMMISSION REPORT

Regular Agenda – Public Hearing Item

 

PC Staff Report

04/23/08

ITEM NO. 7:        RM12D to RS7; .39 ACRES; 1309-11 W 8th & A PORTION OF 820-22 CANTERBURY LANE (JCR)

 

Z-02-06-08: A request to rezone a tract of land approximately .39 acres, from RM12D (Multi-Dwelling Residential) to RS7 (Single-Dwelling Residential). The property is located at 1309-11 West 8th Street and a portion of 820-22 Canterbury Lane. Submitted by Sarah Hill-Nelson, for Hill Family Investments, LLC and Ruth J. Dutcher, property owners of record.

 

STAFF RECOMMENDATION: Staff recommends approval of rezoning approximately .39 acres from RM12D (Multi-Dwelling Residential - Duplex) District to  RS7 (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 and subject to the following condition:

 

1.      Approval and recordation of a minor subdivision at the Douglas County Register of Deeds.

 

 

Applicant’s Reason for Request:

 

To convert a duplex (1309 & 1311 W 8th Street) (Lot 4, W. 8th Street) into a single-family home.

 

KEY POINTS

  • This is a request to rezone an existing duplex property (1309-1311 W 8th) from RM12D to RS7 to permit the conversion of the duplex to a detached dwelling.
  • The construction of a detached dwelling in an RM District requires approval of a Special Use Permit, unless the dwelling is located on its own platted lot and if the majority of properties on the block face are constructed as detached dwellings.
  • Because the subject property is a corner lot, it is a part of two block faces, one of which contains multiple duplex dwellings, therefore either a Special Use Permit or Rezoning is required.
  • A portion of the neighboring property (820-822 Canterbury Lane) is proposed to be purchased by the applicant and rezoned with this request. 
  • The subject property will be replatted as a Minor Subdivision to include that portion of 820-822 Canterbury Lane purchased by the applicant.

 

GOLDEN FACTORS TO CONSIDER

CHARACTER OF THE AREA

  • The area is characterized by residential uses with duplex dwellings to the south and east and detached single dwellings to the west and north. 
  • The area is further characterized by significant areas of undeveloped land to the west and north that include forested land and steep slopes.

 

CONFORMANCE WITH HORIZON 2020

§         The proposed rezoning request from RM12D to RS7 is consistent with land use recommendations found in Horizon 2020.

 

ASSOCIATED CASES

·         Submittal and approval of a minor subdivision.

 

OTHER ACTION REQUIRED

·         City Commission approval of the requested rezoning.

  • Approval of a minor subdivision by the Planning Director.
  • Filing of the minor subdivision at the Register of Deeds.

·         City Commission adoption of rezoning ordinance.

·         Publication of rezoning ordinance.

 

PUBLIC COMMENT RECEIVED PRIOR TO PRINTING

None.

 

GENERAL INFORMATION

Current Zoning and Land Use:         

RM12D (Multi-Dwelling Residential – Duplex) District; existing duplex.

 

Surrounding Zoning and Land Use:

 

         

RM12D (Multi-Dwelling Residential – Duplex) District to the east and south; existing duplexes.

 

RS7 (Single-Dwelling Residential) District to the west and north; undeveloped.

 

Summary of Proposal

The subject property is located at the intersection of West 8th Street and Canterbury Lane, one block west of Michigan Street.  The property is part of an existing duplex development and is surrounded by duplex development to the south and east with large tracts of undeveloped land and scattered single-dwelling detached development immediately to the west and north.  The applicant intends to convert the duplex dwelling to a detached single dwelling.  At this location, a detached dwelling is not permitted without a Special Use Permit or rezoning.  

 

Subject Property

Aerial Photo with Zoning

 

1.        CONFORMANCE WITH THE COMPREHENSIVE PLAN

 

Applicant’s Response –

  1. The proposed downzoning from RM12D to RS fits well with the Horizon 2020 Residential Strategies.

·         A mixture of housing types, styles and economic levels should be encouraged for new residential and infill developments.

 

The proposed downzoning (comparing the downzoning to an infill project) would perpetuate the concept of a mixture of housing types, styles and economic levels.  To the west, the lot is bordered by some of the lowest-density, single family homes in the city and undeveloped land.  To the south and east the lot is bordered by duplexes, and to the north the lot is bordered by undeveloped land.

 

·         Compatible densities and housing types should be encouraged in residential neighborhoods by providing appropriate transition zones between low density residential land uses and more intensive residential development, and between higher-density residential uses and non-residential land uses.

 

The proposed single family home is compatible with neighboring densities because it forms a transition from one of the lowest-density, single-family neighborhoods in the city on the west side of the lot to the duplexes on the east and south sides of the lot.

 

·         The character and appearance of the existing residential neighborhoods should be protected and enhanced.  Infill development, rehabilitation or reconstruction should reflect architectural qualities and styles of existing neighborhoods.

 

We believe the downzoning of this lot from duplex (RM12D) to single family (RS), will both protect and enhance this neighborhood.  This rehabilitation project will improve the interior, exterior and landscaping around the home.  The architectural style of the home will remain the same.  Potential changes to the exterior would be minor, including a potential change in paint color or siding materials.  Entrances to the home would be upgraded.

 

·         Design, site improvements and infrastructure shall be consistent with adopted neighborhood plans, with the development of a neighborhood concept and with area plans and sector plans.

 

The proposed downzoning would fit well with the newly-adopted Hillcrest, Oread and Pinckney area plan.

 

  1. The proposed downzoning supports the neighborhood concepts of Horizon 2020, and would with the description of medium-density residential area.  The highlighted lines of the paragraph indicate areas of particular relevance.

 

Medium-density residential areas are intended to promote a mix of housing types within planned development areas.  Medium density areas should include a mix of single-family detached and attached homes, cluster homes, townhouses and similar housing types, designed and arranged to create compatible and attractive new residential environments.  Extensive concentrations of the same housing type or development pattern should be avoided.

 

Most of the sites recommended for new medium-density residential development occupy transitional locations between single-family neighborhoods and office/commercial areas.  Some sites are recommended near large open space or natural areas.  In addition to providing attractive new housing options within the city, these areas should be designed to help avoid major and abrupt changes in density or use.  Existing and planned medium-density residential development is widely scattered throughout the city.

 

  1. The proposed downzoning is compatible with Horizon 2020 Policy 3.2.

 

Policy 3.2:    Medium-Density Residential Development as Transitional Use

Encourage the integration of medium-density residential development through compatible design with low-density residential areas and more intensive land uses.

 

 

Staff Finding – The subject property is proposed to be rezoned to RS7 (Single-Dwelling Residential) District.  The proposed rezoning of the subject property, given the proposed change in use and its location adjacent to undeveloped land and single-dwelling uses to the west and north consistent with Horizon 2020.  The Future Land Use Map of Horizon 2020 designates the subject property for “Very Low or Low Density Residential Uses”.  The proposed zoning is in conformance with Horizon 2020.

 

2.        ZONING AND USE OF NEARBY PROPERTY, INCLUDING OVERLAY ZONING

 

Staff Finding – The subject property is surrounded by RS7 zoning to the north and west and RM12D zoning to the east and south.  The properties immediately to the north and west are large tracts feature forested areas and steep slopes.  Single-dwelling residential uses exist farther north and west.  The properties to the south and east are zoned RM12D and contain duplex dwellings.

 

3.        CHARACTER OF THE NEIGHBORHOOD

 

Staff Finding – The subject property is located on West 8th Street one block west of Michigan Street in an area of transition between large undeveloped tracts to the west and north and existing residential to the east and south.  The character of the neighborhood consists of a mix of undeveloped land and residential uses.

 

4.        plans for the area or neighborhood, as reflected in adopted area and/or sector plans including the property or adjoining property

 

Staff Finding – There are no area or sector plans which include the subject property or adjoining properties. 

                                                                                                      

5.        SUITABILITY OF SUBJECT PROPERTY FOR THE USES TO WHICH IT HAS BEEN RESTRICTED UNDER THE EXISTING ZONING REGULATIONS

 

Applicant’s Response – Lot 4 is very suitable for single-family dwelling and/or duplex..

 

The subject property is zoned RM12D (Multi-Dwelling Residential) District.  As zoned the property is restricted to duplex uses with detached single-dwelling uses permitted by Special Use Permit only.  The subject property is suited for detached single-dwelling uses because it is between lower density residential uses and undeveloped land to the west and north and higher-density residential uses to the east and south. 

 

Staff Finding – The zoning regulations for the RM12D district restrict the subject property to duplex residential uses.  The subject property is well-suited to provide a transition from duplex residential uses to detached single-dwelling uses and undeveloped land to the west and north.

 

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

 

Staff Finding – The subject property is currently used as a duplex residential dwelling.

 

 

7.        EXTENT TO WHICH APPROVING THE REZONING WILL DETRIMENTALLY AFFECT NEARBY PROPERTY

 

Applicant’s Response – The rezoning will change restriction from duplex to single-family.  This should positively affect nearby property.

 

Staff Finding – The majority of nearby properties are either undeveloped land or residential uses. 

Approving the rezoning will not detrimentally affect nearby property.

 

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

 

Applicant’s Response – We propose that the downzoning will improve the value of the petitioner’s property as well as the adjoining properties.

 

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 – The proposed rezoning will permit the property owners to convert the existing duplex to a detached single-dwelling.  Denial of the application would require the owner to seek a Special Use Permit to allow the conversion of the duplex to a detached single-dwelling home or require the dwelling to remain as is.

 

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 subject to the condition that the property is replatted as a minor subdivision.