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PLANNING
COMMISSION REPORT Regular Agenda - Public Hearing Item |
PC Staff Report
3/24/08
ITEM NO. 4A RS7 TO RS7-PD; 9.27 ACRES; 1301
Z-02-05-08: A request to rezone approximately 9.27
acres from RS7 (Single-Dwelling Residential) to RS7-PD (Single-Dwelling
Residential Planned Development Overlay). The property is located along the west
side of
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STAFF RECOMMENDATION: Planning Staff recommends approval of the proposed rezoning of approximately 9.27 acres from RS7 (Single-Dwelling Residential) District to RS7 (Single-Dwelling Residential) with a Planned Development District Overlay and forwarding to the City Commission a recommendation for approval based on the findings of fact as found in the body of the staff report. |
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Applicant’s
Reason for Request: |
“This proposed development is
based on a concept that locates vehicular access at the rear of the lot from
shared driveway/alleys and the residents and pedestrians to the front. Since
a significant area within this proposed development is defined as sensitive
land, planned development PD zoning is the required zoning for this type of
neighborhood concept at the present time.” |
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KEY POINTS
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GOLDEN FACTORS TO CONSIDER CONFORMANCE WITH THE COMPREHENSIVE PLAN
RELATIVE GAIN TO THE PUBLIC HEALTH, SAFETY AND WELFARE
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ASSOCIATED
CASES/FUTURE ACTION REQUIRED
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PUBLIC COMMENT
RECEIVED PRIOR TO PRINTING Written public comments have been received and are
attached as correspondence. |
GENERAL INFORMATION
Current Zoning and Land Use: RS7 (Single-Dwelling Residential) Zoning District; Existing 8 parcels of land containing 4 existing residences and undeveloped right-of-way.
Surrounding Zoning and Land Use: RS7 (Single-Dwelling Residential) and RSO (Single-Dwelling Office) Zoning Districts to the north; existing single-family homes.
RS7
(Single-Dwelling Residential) and RM12 (Multi-Dwelling Residential) Zoning
Districts across
RS7
(Single-Dwelling Residential) Zoning District to the south; existing
single-family homes located off of
PUD [Meadowbrook] Zoning District to the west; existing multiple-dwellings and apartment complex.
Per
Section 20-1303(g), in reviewing and making decisions on proposed zoning map
amendments, review and decision-making bodies shall consider at least the
following factors:
(1). CONFORMANCE WITH THE
COMPREHENSIVE PLAN;
Applicant’s Response, “Horizon 2020
designates this area to be very low to low density residential.”
Horizon 2020 is the comprehensive plan
for the City of
Key Features of the Comprehensive Plan
·
The Plan supports
infill development and redevelopment which provides a range of residential,
commercial, office, industrial and public uses within these parcels,
consistent and compatible with the established land use pattern in surrounding
areas. (page 3-2)
Low
Density Residential. Density for this land use is 6 or fewer dwelling units per
acre. [p.5-3]
New infill,
single-family development should be of a scale and character similar to &
compatible with existing homes in the immediate area. [p.5-3]
Chapter 5, RESIDENTIAL LAND USE, Strategies Residential Development
(page 5-1)
Strategies: Residential Development
Infill residential development should be
considered prior to annexation of new residential areas.
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. (page 5-1)
The character and appearance of existing
residential neighborhoods should be protected and enhanced. Infill development, rehabilitation or
reconstruction should reflect architectural qualities and styles of existing
neighborhoods. (page 5-1)
Neighborhood
Concept
Connectivity should be included
within neighborhoods as well as to the surrounding neighborhoods wherever possible. These provide alternative routes to ease
traffic congestion and help limit the use of cul-de-sacs. Alleys and short blocks maximize
connectivity. Pedestrian/non-motorized
access and alternate modes of transportation including public transit should be
incorporated wherever possible. Open
space, greenbelts, and trails can provide linkages throughout the neighborhood.
(page 5-2)
Low-Density Residential Development
Low-density
residential development, reflecting a density of six or fewer dwelling units
per acre, would continue to be the predominant land use in the city. While this classification includes densities
that would encompass duplex and some townhouse development, emphasis is placed
on single-family detached development.
While existing
single-family neighborhoods are essentially built-up, several vacant parcels
are scattered throughout the existing community where new low-density
residential development should occur in the future. In general, new development should be of a
scale and character, including building type, the same as and compatible with
existing or planned homes in the immediate area. New low-density residential areas are located
generally in the southern and western portions of the community and in the UGA.
(page 5-4)
GOAL 1: Criteria for Low-Density Residential
Development within the Unincorporated Areas
Policy
1.1: Consider Land Use Relationships
within the Urban Growth Area
Encourage the
clustering of new residential development which maximizes open space and protects
natural and environmentally sensitive areas.
Continue to support and recognize the
importance of conserving the environmentally sensitive areas identified within
the UGA. (page 5-12)
Policy 1.6: Provide for Small-Lot Subdivisions
Create standards
for clustering developments that achieve the conservation of natural features
and which minimize the impact of development in environmentally sensitive
areas. (page 5-13)
Staff Finding - The rezoning from the existing RS7 to RS7 with a PD overlay would be in conformance with Horizon 2020.
(2) ZONING AND USE OF NEARBY PROPERTY, INCLUDING ANY OVERLAY ZONING;
Applicant’s Response: “Vehicular traffic will increase through adjacent neighborhood to the West but the type and intensity will be local and compatible. With an access to Iowa Street proposed within the development and the proposed closing of Terrace Road (with Iowa Street), traffic thru the Rockledge Addition should be limited to local only. Improvements to the natural existing drainage will be controlled that will minimize uncontrolled run-off and erosion into the existing neighborhood to the South.”
Staff
Finding - The subject property is zoned RS7 (Single-Dwelling Residential)
District. Property to the north, east and south is also zoned RS7 and used for
single-family homes. To the west is zoned PUD [Meadowbrook] - Planned Unit
Development and used for multiple-dwellings and large apartment complex. To the
northeast is zoned RSO (Single-Dwelling Residential – Office) with an adjacent
single-family residence. Across
(3) CHARACTER OF THE NEIGHBORHOOD;
Applicant’s Response, “Single family RS7 to
the South, single family detached to the west with professional offices beyond.”
Staff Finding - The subject property contains 60-70% wooded areas, which have grown over the past 50+ years from the prior quarry use of the land, located south of the extension of University Drive (from the west).
The predominant use of the surrounding neighborhood is single-family homes to the north and south and multiple-dwelling apartment complex to the west. Street connections to the north, west and south will help integrate this new development into the overall neighborhood rather than creating an isolated development.
(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 majority of this area has already been developed and is not included in an adopted area or sector plan. The applicant proposes a PD overlay district which is required for a Planned Development for sensitive lands.
(5) SUITABILITY OF THE SUBJECT PROPERTY FOR THE USES TO WHICH IT HAS
BEEN RESTRICTED UNDER THE EXISTING ZONING REGULATIONS;
Applicant’s Response, “The present zoning is suitable for the development proposed. This zoning request is merely to allow some flexibility within the existing Land Development Code to implement a New Urban Neighborhood concept.”
Appropriateness of continuing the RS7 (Single-Dwelling Residential) Zoning District Designation.
Per Section 20-1101(d)3, unplatted property which contain more than 15% of sensitive lands may be developed only through a Planned Development. A rezoning to a PD overlay district is required to be processed in conjunction with a Planned Development.
Continuing the RS7 zoning designation base with a new PD overlay would be an appropriate use of the property which contains 60-70% sensitive lands (wooded areas).
Staff
Finding - In staff’s opinion, the property has been identified as
containing greater than 15% sensitive lands and would need to be developed
through the Planned Development process which requires a PD overlay district.
(6) LENGTH OF TIME THE SUBJECT PROPERTY HAS REMAINED VACANT AS ZONED;
Staff Finding - The subject property is not vacant but contains 8 parcels of land with 4 existing houses, 2 of which will be incorporated into the new development. The property has been zoned as RS7 since the effective date of the Development Code, July 1, 2006. The property was previously zoned RS-2 (Single Family Residential) which basically was the same single-family designation as the new RS7 zoning district.
(7) THE EXTENT TO WHICH APPROVING THE REZONING WILL DETRIMENTALLY
AFFECT NEARBY PROPERTIES;
Applicant’s
Response: “Vehicular traffic will
increase through adjacent neighborhood to the west but the type & intensity
will be local and compatible. With an access to
Staff
Finding - The rezoning from RS7 to
RS7 with a PD overlay will allow for additional landscape buffering from nearby
properties. In this particular instance, additional park land will be dedicated
by this property for
(8) THE GAIN, IF ANY, TO THE PUBLIC HEALTH, SAFETY AND WELFARE DUE TO
DENIAL OF THE APPLICANTION, AS COMPARED TO THE HARDSHIP IMPOSED UPON THE
LANDOWNER, IF ANY, AS A RESULT OF THE DENIAL OF THE APPLICATION; AND
Applicant’s
Response, “The surrounding neighbors have
expressed their support of this project because it will insure that single
family residences that will be compatible with their existing homes and that
for the
Staff Finding - The rezoning of this land with a PD overlay will not destroy the value of the subject property or impose a hardship on the landowner or the general public
(9) THE RECOMMENDATION OF THE CITY’S PROFESSIONAL STAFF.
The sensitive lands requirements of Section 20-1101 (greater than 15%) requires that this property be developed through a Planned Development. Per Section 20-1304, Planned Development overlay districts are established through an approved zoning map amendment, and are required to be processed concurrently with a Preliminary Development Plan application [PDP-02-02-08].
The requested rezoning to a PD overlay district is in conformance with the City’s Comprehensive Plan. Per Section 20-1303(i), the zoning map amendment will become effective upon publication of the adopted ordinance.
STAFF RECOMMENDATION: Planning Staff recommends approval of
the proposed rezoning of approximately 9.27 acres from RS7 (Single-Dwelling
Residential) District to RS7 (Single-Dwelling Residential) District with a
Planned Development overlay and forwarding to the City Commission a
recommendation for approval based on the findings of fact as found in the body
of the staff report.