NON-PUBLIC OR PUBLIC HEARING ITEM:

PLANNING COMMISSION REPORT

Regular Agenda – Public Hearing Item

PC Staff Report

11/16/05

ITEM NO. 22A: A TO RM-D; 6.8 ACRES; NORTH OF BOB BILLINGS PARKWAY BETWEEN K-10 & DIAMONDHEAD SUBDIVISION (SLD)

Z-09-63-05: A request to rezone a tract of land approximately 6.8 acres from A (Agriculture District) to RM-D (Duplex-Residential District). The property is generally described as being located north of Bob Billings Parkway between K-10 and Diamondhead Subdivision (Langston Heights). Submitted by Landplan Engineering, P.A. for Langston Heights, LC, property owner of record.

STAFF RECOMMENDATION: Staff recommends approval of rezoning 6.8 acres from A to RM-D (Duplex Residential) District and forwarding the application to the City Commission with a recommendation for approval based on the findings of fact found in the body of the staff report subject to the following condition:

1. Recording of a final plat for Langston Heights Subdivision prior to publication of the rezoning ordinance.

Reason for Request:

To allow for duplex residential development.

KEY POINTS

Request is part of a residential development proposal including a request for single-family zoning and a preliminary plat.
Approval of the request extends residential land uses in the area between George Williams Way and K-10 Highway south of W. 6^th Street.

GOLDEN FACTORS TO CONSIDER

CHARACTER OF THE AREA

The immediately surrounding area is undeveloped. Basic infrastructure is currently being extended to this area. No development requests have been made for area south of the property included in the Preliminary Plat of Langston Heights.

CONFORMANCE WITH HORIZON 2020

Proposed change conforms with recommended land use policies.

ASSOCIATED CASES/OTHER ACTION REQUIRED

· Z-09-64-05: A to RS-2 for 20.77 acres

· PP-9-22-05: Preliminary Plat of Langston Heights

PUBLIC COMMENT RECEIVED PRIOR TO PRINTING

None received

GENERAL INFORMATION

Current Zoning and Land Use:

A (Agricultural) District; undeveloped.

Surrounding Zoning and Land Use:

RM-2 (Multi-Family Residence) District to the north; undeveloped (Diamondhead Addition).

RS-2 (Single-Family Residence) District to the east;

Developing residentially (Diamondhead Addition)

A (Agricultural) District; Proposed RS-2 to the south (see related request for Z-09-64-05.); undeveloped.

A (Agricultural) District to the west; K-10 Highway and rural and rural residential properties on the west side of the highway.

I. ZONING AND LAND USES OF SURROUNDING PROPERTIES

Staff Finding –The subject property is currently zoned A (Agricultural) and is undeveloped. The subject property of this request is surrounding by proposed residential uses to the north, south and east. The area to the east is developing with single-family homes (Diamondhead Subdivision). The subject property is bounded on the west side by K-10 highway right-of-way.

II. CHARACTER OF THE AREA

Staff Finding –The subject property is located within the West Lawrence Neighborhood. It is part of a larger developing residential neighborhood to the east which is anchored by an elementary school to the southeast and a city park area to the east of George Williams Way.

III. SUITABILITY OF SUBJECT PROPERTY FOR THE USES TO WHICH IT HAS BEEN RESTRICTED

Prior to development rezoning and subdivision approval of the property is required. Section 20-604 of the subdivision regulations states that the purpose of the RMD District is designed to provide for duplexes only. Such district is encouraged to be used as a buffer between RM districts and RS districts.

Staff Finding – The subject property is currently zoned A (Agricultural), which is not an appropriate zoning designation within the City Limits. Prior to development rezoning and subdivision approval of the property is required. The subject property was included in the W. 6^th Street annexation several years ago and has remained agriculturally zoned since that time pending development requests by the property owners.

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

Staff Finding –The subject property is undeveloped and has been zoned A (Agricultural since 1966).

V. EXTENT TO WHICH REMOVAL OF RESTRICTIONS WILL DETRIMENTALLY AFFECT NEARBY PROPERTY

Staff Finding – Approval of the proposed request will result in continued residential development within the West Lawrence Neighborhood. Approval of the proposed zoning would separate, but not isolate, future multi-family to the north from the proposed single-family development to the south. There are no anticipated detrimental impacts associated with the proposed request.

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

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 provide a land use transition between the future multi-family area to the north and the single-family development to the south. Approval of the request will expand the residential uses within the neighborhood.

VII. CONFORMANCE WITH THE COMPREHENSIVE PLAN

The subject property is located within the West Lawrence Neighborhood. Horizon 2020 addresses this area in general terms and anticipates the continuation of low density residential development in this area. The Plan recommends that residential development include “a mixture of housing types, styles and economic levels should be encouraged for new residential and infill developments” as a key residential land use strategy in Chapter 5 of Horizon 2020. The application of this recommendation is achieved through the subdivision design of the area (See PP-09-22-05 Langston Heights).

Staff Finding – Approval of the request is consistent with the land use policies found in Horizon 2020.