Item #3 - County Zone Change #663 – 1011 Brandywine – A zone change request from Residential 9,600 (R-96) to Agriculture Suburban (AS) on Tracts 1A & 1B, C/S 3240, a 6.2 acre parcel of land. The property is generally located at 1011 Brandywine Lane. The applicants conducted a pre-application neighborhood meeting on June 6, 2015, at the subject property. Tax IDs D05023 and D05023A
 

The Planning Division is recommending approval based on the findings of the 11 criteria for Zone Change 663.

OWNER: Jeffery Isom and Larry Vaira
AGENT: None
LEGAL DESCRIPTION: Tracts 1A and 1B of C/S 3240
ADDRESS: 1011 Brandywine Lane
CURRENT ZONING: R-96
EXISTING LAND USE: Vacant and 3,200 square foot shop on Tract 1A
PROPOSED USE: Same with additional storage buildings
SIZE OF PARCEL: 6.2 acres

Zoning Compliance Permit PLN-15-04082 for detached shop building on Tract 1A.

The subject property was a single tract in C/S 3240. Prior to a re-survey to create C/S 3240, a zone change was approved in 2004 for the parcels to the south and east from R-96 and RMH to Community Commercial (CC). Tract 1 has now been split into 2 parcels, Tracts 1A and 1B. These tracts were left in the R-96 zoning district when the previous commercial zone change was approved to serve as a "buffer" between the CC uses and the neighbors to the north and west. The County has reviewed 14 similar zone changes in the area since 1979. Three of those zone changes were denied. Two of those denied were for changes to commercial zoning and one was for a change to RMH. The remaining zone changes were all approved and those applications were primarily for changes from A-1 to AS.

NORTH:	Zoning: R-96 Land Use: Agriculture and Livestock
SOUTH:	Zoning: CC Land Use: Personal storage warehouses & vacant
EAST:	Zoning: R-96 Land Use: Single family homes
WEST:	Zoning: R-96 Land Use: Single family homes

This is a zone change application the County BOA required the property owner to apply for as a condition of approval for a variance to allow a personal storage building on the property without a single family residence completed or started at the same time. The current zoning R-96 requires a primary use - a residence - prior to or concurrently when an accessory use of property is proposed. The proposed zoning of Agriculture Suburban (AS) has a primary use of agriculture with allowance for residential uses on lots of at least 1 acre. Since the primary or principal use of property in this zoning district is not residential, a dwelling is not required to place a detached shop on the property. The AS zoning does restrict the size of those detached structures to 3,000 square feet so the previous zoning variance will still apply to the size of the detached shops (3,200 square feet). One of the lots, Tract 1A, has received a Zoning Compliance Permit to construct the 3,200 square foot shop. 

The property is accessible from Saratoga Trail but will not connect to adjacent property to the south or east. Brandywine Lane is a short dead-end street from Saratoga Trail and these are the only lots on this street. The adjacent property to the north is a large lot used for pasture and livestock for many years but is currently zoned R-96. There are single family homes to the west and east in fully developed subdivisions. The applicants have homes on Saratoga Trail directly west of the subject property. To the south is a personal storage warehouse development (the former location of Zentz Lumber) and vacant land around Five Mile Creek.

The applicants conducted a pre-application meeting on June 6, 2015 and 8 surrounding property owners attended the meeting. The applicants state those attending the meeting were supportive of the proposed zone change. The Planning Division received no comments prior to the Zoning Commission hearing.

The Planning Division has reviewed the proposed zone change and is recommending approval based on the findings of the 11 criteria for zone changes. The property has been used in the past for agriculture and an attempted residential development by a previous owner was abandoned. The property has high ground water and difficult soils with open irrigation drainage ditches. The BBWA canal runs just above Independent Lane to the north. The property has limited capacity for development as a residential subdivision in the R-96 zoning district. The property does serve as a separation buffer between the storage warehousing to the south and the neighbors to the north, west and east. The adjacent CC zoning makes a residential use of the property at the R-96 density not desirable. The use of the property for agricultural uses and for lower density residential development is a practical alternative. The owners of the property live directly west and are committed to maintaining the property in suitable conditions. The 2008 Growth Policy encourage compatible uses in existing neighborhoods  where the new and potential uses will not alter the character of the area. The proposed zoning and use of the property is compatible with the existing uses and neighborhood.

The Planning Division recommends approval and adoption of the findings of the 11 criteria for Zone Change 663.