PUBLIC HEARING ITEM:
RESUME PUBLIC HEARING:
ITEM NO. 15C: B-3 TO RM-2; 18.9 ACRES; NORTH OF CLINTON PARKWAY AND EAST OF K-10 HIGHWAY (SLD)
Z-12-49-03: A request to rezone a tract of land approximately 18.9332 acres from B-3 (Limited Business) District to RM-2 (Multiple-Family Residential) District. The property is generally described as being located north of Clinton Parkway and approximately 508’ east of K-10 Highway (SLT) right-of-way. Submitted by The Peridian Group, Inc., for Yankee Tank Investors, Yankee Tank Investors, L.C., and Alvamar, Inc., property owners of record.
GENERAL INFORMATION
Current Zoning and Land Use: B-3 (Limited Business District); County commercial zoning, undeveloped property used for agricultural purposes.
Surrounding Zoning and Land Use: B-1 (Neighborhood Business District) to the north, east and west, multifamily zoning requested see Z-12-48-03 and Z-12-50-03; undeveloped property used for agricultural purposes.
A (Agricultural) District to the south (south side of Clinton Parkway); Corps of Engineers property.
Reason for Request: Residential development
I. ZONING AND USES OF PROPERTY NEARBY
Staff Finding – The subject property is a portion of a larger tract currently zoned for county commercial uses. The property is undeveloped and is surrounded by existing and planned residential uses to the north, east and west.
II. CHARACTER OF THE AREA
Staff Finding – The character of the area is best described as agricultural in nature at the current time. Residential development is occurring to the east.
III. SUITABILITY OF SUBJECT PROPERTY FOR THE USES TO WHICH IT HAS BEEN RESTRICTED
Staff Finding – Upon annexation the County zoning district will no longer be appropriate. The property is currently zoned for County commercial uses. The property has been zoned for commercial uses since 1977. If denied, the property would need to be initiated for a city zoning district. The retention of a commercial designation would facilitate development on the site consistent with expected land uses.
IV. LENGTH OF TIME SUBJECT PROPERTY HAS REMAINED VACANT AS ZONED
The Planning Commission considered the initial county zoning in 1977 and then again in 1982. The following excerpt is taken from the Z-02-05-82 staff report to demonstrate the reasons for the commercial zoning:
As for the question of the appropriateness of the approved zoning classification for this property, it is the staff's view that it is too intensive a commercial district for this location. Because of its close proximity to the reservoir, the limited access to the property and the low density residential development that is planned for the area to the north and east of this property, a more appropriate zoning would be B-3, Limited Business (commonly referred to as lake oriented commercial). The applicant's representative, at the Planning Commission meeting on January 25, 1978, stated that "this site had a view of the reservoir and would be developed as a lake-oriented, recreational area. The applicants argued during the zoning hearing that the uses proposed for the property required B-2 zoning. All of the uses shown on their development plan, however, are appropriate for the B-3 zoning district. Two of these uses--motel and camping facilities--are not allowed uses in the B-3 district at this time, but are highly compatible with the intent of the district.
Staff Finding – The subject property is vacant and has been zoned for County commercial uses since 1977.
V. EXTENT TO WHICH REMOVAL OF RESTRICTIONS WILL DETRIMENTALLY AFFECT NEARBY PROPERTY
Staff Finding – The subject property is only a portion of the original commercial district. The reduction or contraction of the commercial district from 29 acres to 4.7 acres alters the character and scope of future development for the subject property. It is anticipated that property will be rezoned upon annexation.
The annexation of the property into the City will require additional review prior to development. This area has generally been anticipated for commercial land uses as articulated in Horizon 2020. The ability to mitigate impacts for abutting land uses is the focus of both the land use discussion and the preliminary plat review. The ability to transition land uses and provide adequate separation is critical to limiting undesirable impacts on the existing low-density development.
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 – If approved, the proposed change will re-designate the County commercial area to a City zoning district and provide for high-density residential development. The annexation and zoning of the property are preliminary development steps. Development of the property will include the extension of municipal services to serve the property. Service extension is consistent with plans to ultimately provide a looped network to serve the western portion of the City between Clinton Parkway and W. 15th Street.
The applicant’s request deviates from the anticipated land use and significantly increases the base density within the neighborhood. The ability to mitigate hardships is directly related to the ultimate lot and street layout. If denied the applicant will need to reapply for an alternative zoning district. Upon annexation the County zoning district will not be appropriate.
VII. CONFORMANCE WITH THE COMPREHENSIVE PLAN
Approval of the request will result in a diminishment of an identified commercial area. Horizon 2020 supports the concept of maintaining existing commercial development and provides specific strategies for addressing commercial land use areas as outlined in the staff report for Z-12-48-03 (Item 15B). The key point discussed in that report was the need to maintain existing commercial property.
The subject property is located within an area identified for commercial development since 1973 with the “Clinton Reservoir Area Mini-Comprehensive Plan” and then again in Plan 95. The intersection of 23rd Street and County Road 54 (which later became know as the SLT and Clinton Parkway in Horizon 2020) was designated as a “Major Commercial” node.
Horizon 2020 describes high density residential development as reflecting an overall density of 16 to 21 dwelling units per acre. The proposed request would maximize that land use and conveys a total density of 21 dwelling units per acre. High-density residential land use is recommended “at selected locations hear high-intensity activity areas or near existing high density residential development.” Other recommended site locations are “along the South Lawrence Trafficway and Eastern Parkway.”[1] The proposed request is broadly described as being on the northeast corner of Clinton Pakway and the SLT. However, the developable portion of the property is actually set back from the SLT a substantial distance. Much of the acreage included in the description is public right-of-way and includes the ramp area to the SLT.
The plan supports a philosophy of “compatible transition from Low-Density Residential Development to More intensive Land Uses” as articulated in Goal 6 (page 79). The plan recommends the use of natural features and berms as land use separators when possible. Additionally, adequate vehicular circulation is needed to support higher intensity land uses. For these reasons, staff recommends that the intensive land uses be separated from the lower-density land uses to north with a street. The higher density land use proposed is would be appropriately located to the west of the subject property along the frontage road.
Per Section 20-603 of the City Zoning Code the purpose of the RM Districts are as follows:
‘…to provide areas for medium and high population density. RM districts will consist of (1) areas containing multi-family dwellings (including two-family dwellings) with some single-family dwellings, (2) areas which contain single-family and two-family dwellings, are centrally located, and are appropriate to ultimate multi-family development, and (3) open areas where future multi-family development appears desirable. In addition to the general purpose applying to the RM and RS districts the RM Districts are designed to encourage the provision of multiple-family accommodations in districts of four permitted densities.”
Staff Finding – The subject property has long been considered to be part of a future commercial development. Development expectations included lake-oriented development given the proximity to Clinton Lake. High density residential land uses are anticipated along the SLT. The proposed request is not consistent with the recommended land uses and significantly impacts the commercial node concept anticipated for this location.
STAFF REVIEW
The subject property is currently zoned for a variety of commercial uses. The boundary of the commercial district has not changed since 1977 with the exception of the K-10 Highway and Clinton Parkway improvements. The proposed acreage includes right-of-way for Clinton Parkway so that the district boundary will be carried to the center line of the street. The proposed request severely reduces the flexibility for future commercial development by reducing the total commercial acreage. The proposed request must be considered in conjunction with the proposed preliminary plat in the orientation and layout of lots and related land uses.
The land use expectation described in the Clinton Lake Area Mini-Comprehensive Plan, Plan 95 and Horizon 2020 as a commercial node. Because the nature of this request, combined with the overall land use discussion, impacts the boundary of the platted lots, staff recommends that the rezoning be conditioned on approval of a final plat to assure boundaries are properly aligned with dedicated rights-of-way.
The proposed request would be located on the western side of a new collector street, separating land uses along Clinton Parkway. High-density residential land use would be suitable along the frontage road of the SLT located to the west of the subject property. (This assumption anticipates that the existing residential lots would redevelop in the future.) This will minimize the impact on the existing single-family residences to the north and will be consistent with the recommended collector street alignment as recommended in Transportation 2025.
Staff recommends denial of the request and initiation of a request to rezone the property to C-5 (Limited Commercial) District. Staff further recommends the provision of streets to promote land use separation and transition as discussed in the preliminary plat report. Approval of any subsequent zoning should be conditioned upon approval of a preliminary and final plat to assure lot layout and district boundaries are aligned.
PROFESSIONAL STAFF RECOMMENDATION
Planning Staff recommends denial of 18.9 acres from B-3 (Limited Commercial) District to RM-2 (Multiple-Family Residence) District and forwarding of it to the City Commission with a recommendation for denial based upon the findings of fact presented in the body of the staff report.