Title
Conduct a Public Hearing to Consider/Discuss/Act on a Request to Rezone the Subject Property from “AG” - Agricultural District, “RS 60” - Single Family Residence District, and “PD” - Planned Development District to “PD” - Planned Development District, Generally for Single Family Residential Uses, Located Approximately 200 Feet East of Graves Street and on the North Side of Yosemite Place, and Accompanying Ordinance
Summary
COUNCIL GOAL: Direction for Strategic and Economic Growth
MEETING DATE: May 3, 2016
DEPARTMENT: Planning
CONTACT: Samantha Pickett, Planning Manager
Brian Lockley, AICP, Director of Planning
RECOMMENDED CITY COUNCIL ACTION:
• Staff recommends approval of the proposed rezoning request with the following special ordinance provision:
1. The subject property shall develop in conformance with the attached development regulations.
2. The subject property generally conform to the attached concept plan.
ITEM SUMMARY:
• The applicant is requesting to rezone approximately 12.05 acres of land from “AG” - Agricultural District, “RS 60” - Single Family Residence District, and “PD” - Planned Development District to “PD” - Planned Development District, generally for single family residential uses. More specifically, the proposed rezoning request modifies the density and front yard setback, and provides architectural standards.
• On June 23, 2015, the Planning and Zoning Commission voted 6-0-0 to close the public hearing and table the item indefinitely per the applicant’s request.
• On November 25, 2015, a petition opposing the rezoning request was submitted and included as a Planning and Zoning Commission meeting agenda attachment. Staff reviewed the request and verified that it did meet the necessary requirements for a formal protest, which requires that at least 20% of the property owners within 200 feet of the subject property sign the formal petition.
• On December 8, 2015, several residents spoke on behalf of a large number of the audience in opposition to the request, citing drainage issues, traffic problems, grading discrepancies, lack of a layout, submittal and document issues with City, density, invasion of privacy, declining property values, and more (see PZ Minutes 12.08.15, attached). The Planning and Zoning Commission voted 6-0-0 to close the public hearing, and voiced concerns about the density, and expressed a desire to see a preliminary layout. The Commission voted 5-1-0 to table the item to the January 26, 2016 meeting to give the applicant time to address these issues.
• At the January 26, 2016 Planning and Zoning Commission meeting, several residents again spoke in opposition to the request, citing concerns regarding the location of future residential fences and how drainage on the property would be handled (see PZ Minutes 01.26.16, attached). After further discussion on these issues, the Commission voted 6-1-0 to recommend approval of the applicant’s rezoning request.
• On February 16, 2016, the City Council voted 6-1-0 to table the item indefinitely in order to allow the applicant to develop a layout addressing tree preservation, screening, and fencing. Since this meeting, the applicant has developed a layout that has reduced the proposed density from 4.48 to 3.90 dwelling units per acre, reduced the maximum number of lots from 54 to 47, and revised the encroachment zone to allow architectural features to extend up to 5 feet past the front yard setback (previously 3 feet).
• As of April 5, 2016, a number of residents had withdrawn their protest from the previously submitted formal petition, reducing the protesting percentage to below 20%. As such, no supermajority vote is required of City Council. Both the original petition and withdrawal petition are attached for reference only.
BACKGROUND INFORMATION:
• Please see attached Planning and Zoning Commission meeting Staff report.
FINANCIAL SUMMARY:
• N/A
BOARD OR COMMISSION RECOMMENDATION:
• On January 26, 2016, the Planning and Zoning Commission voted 6-1-0 to recommend approval of the applicant’s rezoning request.