PUBLIC HEARING ITEM:
ITEM NO. 9A: RS-1 TO RS-2; 8.761 ACRES; EAST OF MONTEREY WAY AND NORTH OF STETSON DRIVE (PGP)
Z-01-01-04: A request to rezone a tract of land approximately 8.761 acres from RS-1 (Single- Family Residential) District to RS-2 (Single-Family Residential) District. The property is generally described as being located east of Monterey Way and north of Stetson Drive. Submitted by Landplan Engineering, P.A., for William E. Fritzel, applicant and Sojac Land Company, L.D., property owner of record.
GENERAL INFORMATION
Current Zoning and Land Use: RS-1 (Single-Family Residential); undeveloped.
Surrounding Zoning and Land Use: RS-1 (Single-Family Residential) District to the north and east; undeveloped portions of Fall Creek Farms Subdivision.
RS-2 (Single-Family Residential) District to the
south and west; undeveloped portion of Fall Creek Farms Subdivision to the west, developed single-family homes to the south.
Reason for Request: Provide for reconfiguration of undeveloped single-family residential lots within previously approved Fall Creek Farms Subdivision, due to realignment on east side of Monterey Way, requiring additional right-of-way.
I. ZONING AND USES OF PROPERTY NEARBY
The subject property is adjacent to developed and undeveloped residential uses and to single-family residential zoning.
The properties to the south are zoned RS-2 (Single-family Residential) and are developed with single-family homes. The property to the east and north is zoned RS-1 (Single-family Residential) District and is part of the undeveloped portion of Fall Creek Farms. The property to the west is also an undeveloped portion of Fall Creek Farms which is zoned RS-2 (Single-Family Residential).
Staff Finding - The property is adjacent to developed and undeveloped residential uses and to single-family residential zonings.
II. CHARACTER OF THE AREA
The 8.761 requested rezoning area is located along the southern property line within the 154.7 acre Fall Creek Farms Subdivision. Fall Creek Farms is located south of Peterson Road between Monterey Way and Kasold Drive. There are existing single-family homes (along Stetson Drive) located immediately south of the requested rezoning area.
The configuration of the boundary of the requested rezoning will follow the proposed Revised Preliminary Plat for Fall Creek Farms (PP-01-03-04) lot lines and street centerlines.
Staff Finding –The property is within the previously approved Fall Creek Farms Subdivision. The rezoning request is in response to a proposed reconfiguration of the single-family residential lots.
III. SUITABILITY OF SUBJECT PROPERTY FOR THE USES TO WHICH IT HAS BEEN RESTRICTED
The subject property’s current zoning is RS-1 (Single-family Residential) District. The subject property is suitable for both the existing RS-1 use and the proposed RS-2 use. The applicant has submitted a revised Preliminary Plat (PP-01-03-04) which proposes the reconfiguration of single family residential lots with lot sizes ranging from 8,400 Square Feet to 14,773 Square Feet within the requested rezoning area. (9 of the proposed reconfigured lots within this area would be less than the minimum required 10,000 Square Feet lot size for the RS-1 zoning district.) This reconfiguration of lots and streets is due to additional right-of-way needed from this property for the construction of Monterey Way.
Access/Public Improvements
Lots within the requested rezoning area will take access from two internal streets with rights-of-way widths of 50’ and 60’.
Staff Finding – In staff’s opinion, the property is suitable for both the existing RS-1 and the proposed RS-2 uses. A rezoning to RS-2 would be compatible with the existing single-family homes to the south of Fall Creek Farms and the undeveloped Fall Creek Farms residential lots to the west and would provide a variety of lot sizes within the subdivision.
IV. LENGTH OF TIME SUBJECT PROPERTY HAS REMAINED VACANT AS ZONED
The requested rezoning area was zoned RS-1 (Single-family Residential) District (Z-01-01-95) when it was annexed into the City (A-01-01-95) in 1995. Prior to the annexation, the county designated zoning was A (Agricultural) District. The preliminary plat for Fall Creek Farms was also approved in 1995. To date, there have been 8 recorded final plats for Fall Creek Farms; however the area surrounding the requested rezoning has not yet been developed.
Staff Finding - The property was zoned RS-1 when it was annexed into the city in 1995. The requested rezoning area is within an undeveloped portion of the Fall Creek Farms Plat.
V. EXTENT TO WHICH REMOVAL OF RESTRICTIONS WILL DETRIMENTALLY AFFECT NEARBY PROPERTY
Staff Finding – Removal of the restrictions and rezoning to an RS-2 (Single-family Residential) District will not detrimentally affect nearby property, as it is adjacent to similar RS-2 zoned property to the south and is internal to undeveloped portions of Fall Creek Farms to the north, east and west of the requested rezoning area.
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 The rezoning of the site to a residential district of RS-2, would provide a relative gain to the public health, safety, and welfare by providing a variety in lot sizes available within the subdivision and keeping the zoning of the property consistent with the surrounding single-family residential land uses.
VII. CONFORMANCE WITH THE COMPREHENSIVE PLAN
An evaluation of the conformance of this rezoning request with the City's Comprehensive Plan is based on the goals, policies and recommendations in Horizon 2020.
Residential Land Use
Strategies: Residential Development
The principal strategies for approaching residential land use areas are:
Low-Density Residential Development
“Low-density residential development, reflecting a density of 6 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 townhome housing, 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 urban growth area.”
Residential Land Use Policy 3.3c states, “Infill development should conform to lot size, housing type, scale and general architectural style of the area in which it is proposed.”
Growth Management
Growth Management Policy 1.1a states, “Site layout and design of developments should be planned with attention to natural topography and drainage; adjacent land uses; access; and service availability”.
Staff Finding – The proposed request to RS-2 would be consistent with the Residential and Growth Management and Land Use Goals and Policies of the City’s Comprehensive Plan, Horizon 2020.
PROFESSIONAL STAFF RECOMMENDATION
Planning Staff recommends approval of the rezoning of the 8.761 acre area from RS-1 (Single-family Residential) District to RS-2 (Single-family Residential) District and forwarding the recommendation to the City Commission based on the findings of fact listed in the body of the staff report and subject to the following condition: