UDC Section 21.5.4.D Criteria for Approval
1. Whether the proposed zoning change or zoning map amendment implements the policies of the adopted Comprehensive Land Plan, including the land use classification of the property on the Future Land Use Map;
The Comprehensive Land Use Plan (CLUP) through the Future Land Use Plan designates the subject property as Single-Family Residential District. The Comprehensive Land Use Plan describes Single-Family Residential as a mix of residential uses, as well as limited commercial development to support daily activities of development, stating that commercial uses should be compatible with nearby residential areas and other uses through appropriate building height limitations and adequate buffering. Staff has concerns with the potential for higher-intensity permitted land uses within the General Business District zoning designation based on the Comprehensive Land Use Plan indicating a desire for lower intensity commercial. In evaluating the commercial zoning designations there are two lower intensity commercial zoning districts that could have been requested, Office and Professional District (OP) and Neighborhood Services District (NS). The letter of intent submitted identifies the desired land use to be "lower intensity office space, such as a dental office and real estate office". Both of the desired land uses would be allowed in the lower intensity commercial zoning districts, Office and Professional District (OP) and Neighborhood Services District (NS). Low-intensity office and professional uses should provide a transition between more intense uses and residential areas. Approving a zone change to General Business (GB) will allow for higher-intensity development in the future. Therefore, General Business would not be ideal for the surrounding property uses based on the Comprehensive Land Use Plan designation.
2. Whether the proposed zoning change or zoning map amendment promotes the health, safety, or general welfare of the City and the safe, orderly, efficient and healthful development of the City;
As part of promoting health, safety, and welfare, the City encourages the zoning to be compatible with surrounding uses to alleviate any negative impact. The Comprehensive Land Use Plan describes Single- Family Residential as a mix of residential uses, as well as limited commercial development to support daily activities of development, stating that commercial uses should be compatible with nearby residential areas and other uses through appropriate building height limitations and adequate buffering. Low-intensity office and professional uses should provide a transition between more intense uses and residential areas. The Comprehensive Land Use Plan would support the rezone to a low intensity commercial zoning designation. However, staff has reviewed additional factors and feels that this specific property is not suitable and has additional concerns about the potential for more intensive permitted uses if this were to be rezoned as a General Business District (GB). Therefore, staff does not recommend rezoning the subject property to General Business District (GB) based on the safety and general welfare of the surrounding area.
3. Whether the uses permitted by the proposed change in zoning district classification and the standards applicable to such uses will be appropriate in the immediate area of the land to be reclassified;
Unified Development Code Article 5 Section 21.5.8, the Permitted Use Table identifies the land uses that would be permitted on the property if the requested General Business District (GB) is approved. This includes uses such as Automobile Repair and Service Minor, Building Material and Hardware Sales, Dance Hall / Night Club, Heavy Equipment Sales, Office Showroom, Pawn Shop, and Tavern. These uses are not ideal immediately adjacent to an established Single Family Residential neighborhood. Alternatively, there are lower intensity commercial zoning designations that have more limited permitted use per the Unified Development Code. Staff reviewed the configuration of the subject property if the zoning were approved and there are concerns based on the UDC requirements for landscape, buffers, and screening. Each of these requirements would limit the amount of buildable space. Staff also has concerns that there will not be adequate room for the required parking on the site which causes an additional concern about potential parking on Fawn Drive.
4. Whether the proposed change is in accord with any existing or proposed plans for providing public schools, streets, water supply, sanitary sewers or other public services and utilities to the area;
To the best of staff's knowledge, this zone change should have minimal impact on the public services, to include schools, fire, police, and sanitation services. This proposed rezoning should have minimal impact on the existing water and wastewater systems. FM 3009 is classified as a Principal Arterial and Fawn Drive is considered a Local Street-Residential. The current design of Fawn Drive as a local street- residential, in this single family residential neighborhood which was established in 1975, is not ideal for commercial traffic which could create a negative impact.
5. Whether there have been environmental and/or economical changes which warrant the requested change;
To the best of staff's knowlege there have been no environmental or economic changes which warrant the requested zone change.
6. Whether there is an error in the original zoning of the property for which a change is requested;
There was no error in the original zoning of this property.
7. Whether all of the applicant's back taxed owed to the City have been paid in full (no application will receive final approval until all back taxes are paid in full); and,
This does not impact consideration by the Planning and Zoning Commission or the first reading from City Council.
8. Whether other criteria are met, which, at the discretion of the Planning and Zoning Commission and the City Council, are deemed relevant and important in the consideration of the amendment.
The upcoming public hearing will provide a format for which the Planning and Zoning Commission can hear other potential issues and public opinion. The Commission may deem relevant and important considerations to inform their recommendation to City Council during this time.
Staff recommends denial of the proposed rezoning to General Business District (GB), based on the following: concerns regarding permitted uses within General Business District (GB) in relation to the Comprehensive Land Use Plan designation desiring limited commercial, concerns impacting the safety and welfare of the adjacent Deer Haven Subdivision, in addition to there being lower intensity commercial zoning designations than the General Business District (GB) that is being requested which would accommodate the desired land use of office.
| Planning Department Recommendation |
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Approve as submitted |
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Approve with conditions* |
| X |
Denial |
* While the Commission can impose conditions; conditions should only be imposed to meet requirements of the UDC. |