DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT STAFF REPORT

Transcription

1 DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT STAFF REPORT PLANNING COMMISSION AGENDA ITEM # 5: Project Name: Star Dance Zoning Map Amendment, ZMA Prepared By: Toby Stauffer, AICP City Planner (Ext. 280) Tyler Gibbs AIA, Director of Through: Planning & Community Development (Ext. 244) Date: April 17, 2013 Planning Commission (PC): April 25, 2013 City Council (CC): May 21, 2013 First Reading June 4, 2013 Second Reading Existing Zoning Residential Estate One, Low Density (RE-1) Applicant: Location: Request: Star Dance, Metes & Bounds property Project Location Charley Williams/Williams Family Partnership, LLLP, PO Box , Steamboat Springs, Metes & Bounds parcel, , ; generally located north of Copper Ridge Rd., east of Elk River Rd. Official Zoning Map Amendment to change the zoning from Residential Estate One, Low Density (RE-1) to Mobile Home (MH) for a 5.5 acre metes and bounds property Staff Report - Table of Contents Section Pg I. Staff Finding 5-2 II. Project Location 5-2 III Background Information 5-2 IV. Project Description 5-2 V. Staff Analysis 5-3 VI Staff Findings 5-5 VII. List of Attachments

2 Star Dance Zoning Map Amendment, ZMA Metes & Bounds parcel, Copper Ridge & Elk River PC Hearing: 04/25/2013 CC Hearing: 05/21/2013 CC Hearing: 06/04/2013 I. STAFF FINDING Staff finds this request, to change the zoning from Residential Estate One, Low Density (RE-1) to Mobil Home (MH) for a 5.5 acre metes and bounds property, to be inconsistent with the Community Development Code criteria for approval of an Official Zoning Map Amendment. OR II. PROJECT LOCATION Project Site CS Project Site OR RE-1 I III. BACKGROUND INFORMATION The subject property is a vacant 5.5 acre metes and bounds parcel located north of Copper Ridge Circle and east of Elk River Rd. The property is rectangular in shape and bordered by industrial land to the south and west, commercial land to the west, unincorporated Routt County land to the north and private open space to the east. The subject property is on the north edge of the City Limits and Urban Growth Boundary. The lot is bordered by RE-1, CS, OR and I zoning. The future land use plan calls for the subject property and adjacent properties within the city to be industrial and properties outside the city to be agricultural and rural. The project is being processed concurrently with a Community Plan Amendment, CP IV. PROJECT DESCRIPTION The proposed Zoning Map Amendment intends to rezone the subject property, a tract of land in the NE Quarter of the NW Quarter of Section 6 Township 6 Range 84 and the SW Quarter of Section 31 Township 7 Range 84, from RE-1 to MH. The rezoning will allow the site to be developed as a mobile home park. Department of Planning and Community Development Staff Report Page

3 Star Dance Zoning Map Amendment, ZMA Metes & Bounds parcel, Copper Ridge & Elk River PC Hearing: 04/25/2013 CC Hearing: 05/21/2013 CC Hearing: 06/04/2013 V. STAFF ANALYSIS A. Zone District Comparison CDC Standard Existing Zoning Proposed Zoning Adjacent Zoning RE-1 MH I Building Intensity Lot Coverage 0.35 no max 0.60 Floor Area Ratio none none 0.60 Dwelling Unit Size N/A N/A 1,400 sq. ft. max. Mobile Home Unit Size N/A 2,500 sq. ft. max N/A Density Units Per Lot 2 1 per 4,000 sq. ft. no max Building Height Overall Height 40 feet 28 feet 32 feet Special Work Areas N/A N/A 40 feet Setback Front Setback 25 feet 20 feet 15 feet Side Setback 25 feet 15 feet 10 feet Rear Setback 25 feet 10 feet 10 feet Sample Comparison of Uses Mobile Home Not allowed By Right Not allowed Single Family Dwelling By Right By Right Not allowed Employee Unit Not allowed Use with Criteria Use with Criteria Light Industrial Not allowed Not allowed Use with Criteria B. Criteria for Review and Approval In considering any petition for amendment to the Official Zoning Map, the following criteria contained in Section shall govern unless otherwise expressly required by the CDC. The ordinance approving the rezoning amendment shall be approved and adopted only if it appears by clear and convincing evidence presented during the public hearing before City Council that the following conditions exist: 1. Justification. One of the following conditions exists: a) The rezoning is necessary to correct a mistake in the current zoning map; or b) The amendment to the overlay zone district was an error; or c) The rezoning is necessary to respond to changed conditions since the adoption of the current zoning map; or d) The rezoning will substantially further the Community Plan s Preferred Direction and Policies, or specific area plans, and the rezoning will substantially conform to the Community Plan Land Use Map designation for the property, or is accompanied by an application for an amendment to the Community Plan Land Use Map and the amendment is approved prior to approval of the requested zoning map amendment. Department of Planning and Community Development Staff Report Page

4 Star Dance Zoning Map Amendment, ZMA Metes & Bounds parcel, Copper Ridge & Elk River PC Hearing: 04/25/2013 CC Hearing: 05/21/2013 CC Hearing: 06/04/2013 Staff Finding: Inconsistent Staff finds this request does not meet any of the justifications listed above. Justifications a) and b) are not applicable. Staff finds that conditions have not changed since the adoption of the current zoning map. There is one vacant parcel zoned MH in the general vicinity of this property and an additional vacant property in the vicinity that is a better fit for rezoning to MH. The rezoning will not further the Community Plan s direction for the area, the request is in conflict with the Future Land Use Plan for the area as well as several policies and strategies. 2. Compatibility with Surrounding Development. The type, height, massing, appearance and intensity of development that would be permitted by the proposed amendment will be compatible with surrounding zone districts, land uses, and neighborhood character, and will result in a logical and orderly development pattern within the community. Staff Finding: Inconsistent Staff finds the proposed zone change is not consistent with surrounding development and neighborhood character. The existing neighborhood character is that of an industrial park and mixed use corridor along Elk River Rd. The surrounding zone districts and land uses are Industrial and Commercial. Generally residential land uses are not compatible with industrial land uses due to differing levels of acceptable noise, light or odor trespass, traffic, and/or hours of operation. Additionally, the subject property is located within an established industrial area with a future land use designation as industrial. The creation of a residential use at this location does not result in a logical or orderly development pattern. 3. Advantages vs. Disadvantages. The advantages of the zone district proposed substantially outweigh the disadvantages to the community and/or neighboring land occasioned by the zoning amendment; and Staff Finding: Inconsistent Staff finds the advantages of rezoning the property do not outweigh the disadvantages to the community or neighboring lands. The rezoning of this parcel decreases the integrity and efficiency of the industrial land uses in the area by introducing potential conflicts that are not currently present. Potential conflicts could limit future development and/or reinvestment in the area while also limiting the effectiveness, functionality, and expansion potential of existing businesses. 4. Consistent with Purpose and Standards of Zone District. The amendment will be consistent with the purpose and standards of the zone district to which the property is proposed to be designated. Staff Finding: Consistent- with conditions Staff finds this amendment to be consistent with the purpose and standards of the Mobile Home, MH, Zone District. The Purpose and Intent of the MH Zone District states: Department of Planning and Community Development Staff Report Page

5 Star Dance Zoning Map Amendment, ZMA Metes & Bounds parcel, Copper Ridge & Elk River PC Hearing: 04/25/2013 CC Hearing: 05/21/2013 CC Hearing: 06/04/2013 Purpose and intent. The mobile home zone district is intended to secure and broaden future affordable housing opportunities for permanent residents of the city. This zone district applies to mobile home parks and mobile home subdivisions. The proposed rezoning is consistent with the general description of the MH Zone District in that it allows affordable housing opportunities, however, the use of Mobile Home Park is not a use listed in the Table of Permitted Principle Uses, Table Usually, if a use is not listed in the code initially, it is not allowed. The applicant s stated intent is to develop the property as a Mobile Home Park, to allow that to happen in this zone district the Director would need to make a determination that the proposed use is similar to another used allowed within the zone district in accordance with section 26-92(c). If the Planning Commission would like to recommend approval of the zone change to MH, staff recommends adding the use mobile home park to the MH zone district as a use on this property and that the use should be Conditional. Conditional uses are those that are generally consistent with the purpose and intent of that zone district, yet may have more impacts to surrounding properties and the community than uses by right or uses with criteria. Such uses require approval pursuant to section 26-65, and conditions may be placed upon these uses as deemed appropriate by the approval body, in order to avoid or mitigate potential impacts. 5. Effects on Natural Environment. That the proposed amendment will not result in significant adverse effects on the natural environment, including water quality, air quality, wildlife habitat, vegetation, wetlands, and natural landforms. Staff Finding: Consistent The proposed amendment should not result in any significant adverse effects on the natural environment. Future development of the site will be subject to existing regulations that are intended to mitigate the effects on the natural environment. VI. STAFF FINDINGS Staff finds this Official Zoning Map Amendment to change the zoning from Residential Estate One, Low Density (RE-1) to Mobil Home (MH) on a 5.5 acre metes and bounds parcel is inconsistent with the Community Development Code criteria for approval for an Official Zoning Map Amendment. If the Planning Commission would like to recommend approval of the zone change to MH, staff recommends adding the following condition: 1. The use Mobile Home Park shall be added to the MH zone district as a conditional use on this property. VII. LIST OF ATTACHMENTS 1. Site Map 2. Project Narrative 3. Current Zoning Department of Planning and Community Development Staff Report Page

6 ATTACHMENT 1 5-6

7 ATTACHMENT 2 5-7

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10 Current Zoning- Star Dance CP Steven Kid Ü Airport Circle Divine Way Juniper Springs Court Subject Property Game Trails Drive Taxi Way Gossard PKWY W Acres Drive Abbey Road Riverside Plaza West End Avenue Honeysuckle Lane Iris Lane Riverside Drive Acre Lane Downhill Drive Radiator Road Lincoln Avenue Lagoon Court Downhill Plaza Jacob Circle Elk River Road Curve Plaza Curve Court Shield Drive S Copper Frontage Bridge Lane Copper Ridge Drive Kamar Plaza Legend Zoning Zoning CC CN CO CS CY G-1 G-2 I MF-1 MF-2 MF-3 MH OR RE-1 RE-1/S RE-2 RE-2/S RN-1 RN-2 RN-3 RO RR-1 RR-2 Cemetery Drive County Road 33 Blake Lane Sara Lane Indian Trails 13th Street Soul Center Way Critter Court Old Stock Road ATTACHMENT ,100 2,200 Feet Ü Evans Street Gilpin Street 5-10