NEWTON COUNTY BOARD OF COMMISSIONERS REQUEST FOR REZONING CASE NUMBER PROPOSED LAND USE MAP EXISTING LAND USE MAP PROPOSED ZONING EXISTING ZONING WATERSHED LOCATION OWNER PETITIONER REPRESENTATIVE N/A RR (Rural Residential) AR (Agricultural Residential) A (Agricultural) Bear Creek 301 Marks Road (South Side) 1,000+ Feet of Frontage PARCEL SIZE: 4.0 Acres (Portion of 55.57 Acres) TAX PARCEL: 116-9 COMMISSION DISTRICT: (1) One Gregory & Evon Cowan Gregg Cowan Gregg Cowan APPLICANT S INTENT To subdivide two - 2.0 acre lots from existing 55.57 acre property for two family members (daughters) to build a house on each tract. PLANNING COMMISSION RECOMMENDATION: On April 26, 2016 the Planning Commission recommended approval (4-0) with Staff Recommended Conditions. Board of Commissioners 05/17/2016 1
SUBJECT SITE AND SURROUNDING AREA: SUBJECT SITE: The subject site is a 4.0 acre portion (two 2-acre tracts) of a 55.57 acre tract, located on the south side of Marks Road, is zoned A (Agricultural) and is currently developed with a single family home, accessory structures & pastures. NEARBY AND ADJACENT PROPERTIES/ZONINGS: North, Across Marks Road Use: Single-Family Residences (Existing) Zone: A (Agricultural) & RE (Rural Estate) (REZ06-015) East Use: Single-Family Residences (Existing) Zone: A (Agricultural) South Use: Single-Family Residences (Existing) and Undeveloped Zone: A (Agricultural) West Use: Single-Family Residences (Existing) Zone: A (Agricultural) & RE (Rural Estate) (REZ13-000138) FINDINGS: Planning Staff, concerning each application, investigate and present a finding with respect to the factors below, as well as any other factors it may find relevant, pursuant to Sec. 620-060. A. WHETHER THE ZONING PROPOSAL WILL PERMIT A USE THAT IS SUITABLE IN VIEW OF THE USE AND DEVELOPMENT OF ADJACENT AND NEARBY PROPERTY. Given the proposed use of the subject site and its location in proximity to similar use and zoning classifications, Staff is of the opinion that the single-family residential use is appropriate for the area. B. WHETHER THE ZONING PROPOSAL WILL ADVERSELY AFFECT THE EXISTING USE OR USABILITY OF ADJACENT OR NEARBY PROPERTY. It is Staff's opinion that the proposed use will not adversely affect adjacent and nearby uses if developed in accordance with the attached Recommended Conditions. C. WHETHER THE PROPERTY TO BE AFFECTED BY THE ZONING PROPOSAL HAS A REASONABLE ECONOMIC USE AS CURRENTLY ZONED. The subject site may have a reasonable use as currently zoned. Board of Commissioners 05/17/2016 2
D. WHETHER THE ZONING PROPOSAL WILL RESULT IN A USE WHICH WILL OR COULD CAUSE AN EXCESSIVE BURDENSOME USE OF EXISTING STREETS, TRANSPORTATION FACILITIES, UTILITIES, OR SCHOOLS. Staff does not anticipate the proposed use will have a significant impact on the facilities and utilities serving the area. Water and Sewer The City of Mansfield provides this location with water. E. WHETHER THE ZONING PROPOSAL IS IN CONFORMITY WITH THE POLICIES AND INTENT OF THE FUTURE LAND USE PLAN. The proposed development is consistent with the density range suggested on the Future Land Use Map, as well as Plan policies. F. WHETHER THERE ARE OTHER EXISTING OR CHANGING CONDITIONS AFFECTING THE USE AND DEVELOPMENT OF THE PROPERTY WHICH GIVE SUPPORTING GROUNDS FOR EITHER APPROVAL OR DISAPPROVAL OF THE ZONING PROPOSAL. On September 19, 2006 property located to the east at 244 Marks Road was approved for a rezoning from A (Agricultural) to RE (Rural Estate) for a single family home to be built on family land (REZ06-015). On December 19, 2006 the Board approved FLU06-015 & REZ06-030 from A (Agricultural) to RE (Rural Estate) for a single family home to be built on family land on property to the west located at 1200 Woodlawn Rd. On December 19, 2013 the Board approved REZ13-000138 from A (Agricultural) to RE (Rural Estate) for a single family home to be built on family land on property to the west located at 535 Marks Rd. The approvals of REZ06-015, FLU06-015 & REZ06-030, REZ13-000138 and other RE (Rural Estate) zonings in the area support the rezoning request. G. WHETHER THE ZONING PROPOSAL WILL PERMIT A USE WHICH CAN BE CONSIDERED ENVIRONMENTALLY ADVERSE TO THE NATURAL RESOURCES, ENVIRONMENT AND CITIZENS OF NEWTON COUNTY. The proposed development/use is not considered environmentally adverse in terms of affecting natural resources, the environment, or the citizens of Newton County. CONCLUSION TO FINDINGS: Provided Staff's Recommended Conditions are incorporated into the development of the site, the proposed single-family residential use is consistent with the policies and intent of the Comprehensive Plan and with approved zonings in the area. Therefore, Staff is of the opinion that the proposed use is appropriate for the subject area. Board of Commissioners 05/17/2016 3
SITE PLAN ANALYSIS: Based on the site plan submitted on April 6, 2016 by the applicant to the Planning and Development Department, Staff offers the following considerations: LAND USE AND DENSITY The applicant is proposing two - 2.0 acre lots for a total of 4 acres to be rezoned for two family members (daughters) to build single family homes. The site and the surrounding property are shown on the Plan as RR (Rural Residential). Development in the area reflects the Land Use Plan and is consistent with the applicant s request. Given the existing zoning and development in the area, the proposed zoning may be appropriate for the area. MINIMUM HOUSE SIZE The minimum house size is 1,800 square feet for the AR (Agricultural Residential) district. MINIMUM LOT SIZE/BUILDING SETBACKS The site plan indicates a lot size of 2.0 acres, which is in compliance with the development standards of the AR (Agricultural Residential) district and the Bear Creek Watershed which minimum lot size is 2.0 acres. The minimum building setbacks for the AR (Agricultural Residential) district are: Front Yard Sixty (60) feet from right-of-way Side Yard Fifteen (15) feet Rear Yard Forty (40) feet CONCLUSION: Given the existing zoning in the area of lots less than 10 acres, and this request is to allow a family member to construct a single family residence and that no adverse effects are anticipated, Staff is of the opinion that the rezoning and future land use amendment may be appropriate for the site. Board of Commissioners 05/17/2016 4
RECOMMENDED CONDITIONS If this petition is approved by the Board of Commissioners, it should be approved AR (Agricultural Residential) CONDITIONAL subject to the owner s agreement to the following enumerated conditions. Where these conditions conflict with the stipulations and offerings contained in the Letter of Intent, these conditions shall supersede unless specifically stipulated by the Board of Commissioners. 1. To the owner's agreement to restrict the use of the subject property as follows: a. Single family detached dwellings and accessory uses and structures. b. The minimum lot size shall be 2.0 acres. No more than 2 lots total. c. No more than 4 acres to be rezoned to AR (Agricultural Residential) c. The minimum heated floor area per dwelling unit shall be 1,800 square feet. 2. To the owner's agreement to abide by the following: a. To the site plan and legal description received by the Department of Planning and Development on April 6, 2016. Said site plan is conceptual only and must meet or exceed the requirements of the Zoning Ordinance and these conditions prior to the approval of a Land Disturbance Permit. Unless otherwise noted herein, compliance with all conditions shall be in place prior to the issuance of the first Certificate of Occupancy. 3. To the owner s agreement to abide by the following development standards: a. Obtain an Exempt Plat for the new lot configuration from the Department of Development Services prior to the issuance of a building permit. Board of Commissioners 05/17/2016 5
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