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Topic
Description:
The property
owner is seeking a rezoning of approximately 4.600 acres
from Rural Agriculture (RA) to Rural Residential (RR-2) to
allow for one family division on property described as PIN
6982-64-6344-000.
The
applicant’s Proffer Statement (Attachment 2) states that
after one additional residential lot is approved and
recorded, the applicant shall request that the 4.6 acres be
rezoned again to Rural Agriculture (RA).
The Planning
Commission unanimously recommended denial of this project at
their July 26, 2007 meeting. The Planning Commission
acknowledged the family’s objective to gain one more lot.
However, their principal reason for recommended denial was
that the development rights for the RA parent parcel have
been fully developed subject to sliding scale density
provisions.
Background and Analysis:
Subdivision History
All
subdivision rights have been exhausted on the subject
property under current zoning of Rural Agriculture (RA).
The proposed
4.600 lot (shown as Parcel B on Attachment 4) is part of an
existing 28.91 acre parcel (shown as Parcel A and B on
Attachment 4) that formed a portion of a 354.25 acre parcel
in 1981.
Beginning in
1987, the parent parcel was subdivided into two 2-acre
family divisions, followed by three 2-acre administrative
divisions comprising Phase 1 of the Old Mill Estates
subdivision. In May, 1998, the applicant recorded a final
plat for Phase 2 of Old Mill Estates that included two 2-
acre lots, one 5-acre lot, and one 10-acre lot.
In 2000, Lot
7 was increased in size from 10-acres to 34.6 acres via a
boundary line adjustment. In March, 2001 a boundary line
adjustment approved as a correction deed removed 5.627 acres
from the 34.6 acre parcel, resulting in the current
28.91-acre parcel.
Figure 1
Comprehensive Plan and Zoning Issues
The Zoning
Ordinance specifies that Comprehensive Plan Amendments are
necessary if the requested density exceeds the density as
depicted in the Comprehensive Plan and when the
request is more than 10 acres. This land is
currently designated and zoned Rural Agriculture (RA).
Chapter 4 (page 4) of the Comprehensive Plan and the
"purpose and intent" of RR-2 recite that the Rural
Residential District reflects the existence of rural
residential development and/or those areas where
agricultural and forestal activity is not the predominant
use, and the soils and lot sizes are not generally suited
for the same. Given that the property is located adjacent
to existing RR-2 zoning and, the request is less than
10-acres, it is planning staff's recommendation that no
Comprehensive Plan Amendment is required in this instance.
This
property is in the vicinity of Airport Inn Village. The
recently updated Comprehensive Plan limits growth around the
village proper by confirming Airport Inn Village boundaries
to the 37-acre area identified in the 1977 plan. Peripheral
areas around Airport Inn are currently zoned RR-2 and extend
to the northwestern corner of the subject property, as shown
in Figure 1 on the preceding page.
Figure 1
identifies the location of the proposed 4.600 RR-2 lot in
context of the surrounding neighborhood. The yellow areas
are zoned Rural Residential (RR-2). The area in red
outlines the 28.91 acre parcel, and the red-hatched
highlighted area identifies the approximate location of the
4.600-acre lot proposed for Rezoning.
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