a.
County Zoning Commission
- Meeting Date:
- 07/12/2021
- SUBJECT
- County Special Review 333- 1037 Riverside Drive
- THROUGH:
- Karen Husman
- PRESENTED BY:
- Karen Husman
Information
REQUEST
Special Review 333- Parcel 1 of Certificate of Survey 2003-A special review request to allow a Type II (built before Jan 1, 1990) Manufactured Home to be placed on Parcel 1 of Certificate of Survey 2003, a 3.42 acre parcel of land. A pre-application neighborhood meeting was held on May 19, 2021 at the subject property. Tax ID: D01742
RECOMMENDATION
The Planning Division recommends conditional approval, based on the nine review criteria detailed in the Summary section of this memo.
APPLICATION DATA
OWNERS: Robert S. Blanton & Dorothy Huff
LEGAL DESCRIPTION: Tract 1, CS 2003
ADDRESS: 1037 Riverside Drive
CURRENT ZONING: RR3
EXISTING LAND USE: Residential
PROPOSED LAND USE: Residential
SIZE OF PARCEL: 3.42 acres
LEGAL DESCRIPTION: Tract 1, CS 2003
ADDRESS: 1037 Riverside Drive
CURRENT ZONING: RR3
EXISTING LAND USE: Residential
PROPOSED LAND USE: Residential
SIZE OF PARCEL: 3.42 acres
CONCURRENT APPLICATIONS
None.
APPLICABLE ZONING HISTORY
Special Review 232: 1036 Riverside Drive, approved 8/22/96 to allow a class B or C mobile home.
SURROUNDING LAND USE & ZONING
NORTH: Zoning: RR1 & I1
Land Use: Residential & Commercial
SOUTH: Zoning: RR1 & N4
Land Use: Residential
EAST: Zoning: N3
Land Use: Residential
WEST: Zoning: CX - Heavy Commercial
Land Use: Commercial
Land Use: Residential & Commercial
SOUTH: Zoning: RR1 & N4
Land Use: Residential
EAST: Zoning: N3
Land Use: Residential
WEST: Zoning: CX - Heavy Commercial
Land Use: Commercial
BACKGROUND
The applicant is requesting a special review to allow a Type II (built before Jan 1, 1990) Manufactured Home to be placed a 3.42 acre parcel of land in an RR3 (Rural Residential 3) zone district. Prior to Project Re-Code the property was in the R-15,000 Zone and would have allowed the existing two single family dwellings as well as a third unit. A special review would have still been required to allow the Type II manufactured home on the property.
The Special Review request conforms to the Zoning Code requirements except for principle structure on a parcel in the RR3 district is restricted to one. The property is 3.42 acres and can adequately accommodate 3 single family dwellings. In this review, per Section 27-1622.d.9 the Zoning Commission has authority to recommend the BOCC approve along with this Special Review a variance to allow 3 single family structures (3 primary structures) on the described property. The proposed conditions of approval will ensure orderly development of the site.
The Special Review request conforms to the Zoning Code requirements except for principle structure on a parcel in the RR3 district is restricted to one. The property is 3.42 acres and can adequately accommodate 3 single family dwellings. In this review, per Section 27-1622.d.9 the Zoning Commission has authority to recommend the BOCC approve along with this Special Review a variance to allow 3 single family structures (3 primary structures) on the described property. The proposed conditions of approval will ensure orderly development of the site.
SUMMARY
The applicant is requesting a special review to allow a Type II (built before Jan 1, 1990) Manufactured Home to be placed a 3.42 acre parcel of land in an RR3 (Rural Residential 3) zone district. Prior to Project Re-Code the property was in the R-15,000 Zone and would have allowed the existing two single family dwellings as well as a third unit. A special review would have still been required to allow the Type II manufactured home on the property.
The zoning commission shall only recommend approval or conditional approval and the County Commission shall only approve or conditionally approve a special review request if:
1. The special review use is consistent with the County’s growth policy and applicable neighborhood plans, if any;
The request is consistent with the County Growth Policy in that there is an allowance for a Type II Mobile home to be placed on a property in the RR3 zone district with a Special Review (SR) approval.
2. The establishment, maintenance, or operation of the special review use will not be detrimental to or endanger the public health, safety, morals, comfort, or general welfare;
Approval of the requested SR will not be detrimental to or endanger the public health, safety, morals, comfort, or general welfare.
3. The site for the proposed use is adequate in size and topography to accommodate the use while meeting the other requirements of this Zoning Code, including zone district dimensions, landscaping requirements, and parking.
The site is 3.42 acres and currently has two single family dwellings. Given the size of the property, access, and available land to allow appropriate separation between houses the site is adequate to accommodate one additional home.
4. The special review use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish and impair property values within the neighborhood;
The properties in the surrounding area are primarily used for residential uses, some of which have multiple dwellings on them. The location and additional home on the property should not significantly impact the adjacent neighbors. The proposed location of the home is a minimum of 20 feet to the property line and is buffered from view from the nearest neighbor by mature vegetation. Generally residential uses area always compatible with other residential uses.
5. The special review use will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the district;
The majority of the surrounding properties are already established, approval of the requested SR will not significantly affect the development and improvement if the surrounding properties. Any development on the property will require review by appropriate agencies, all improvements must be in place prior to placement of the home.
6. Conditions necessary to protect the public health, safety, and general welfare can be established, including but not limited to conditions on:
(a) Regulation of the use;
(b) Special setbacks, buffers, or screening;
(c) Surfacing of parking areas;
(d) Street, alley, or service road dedications, improvements, or bonds;
(e) Regulation of points of vehicular ingress and egress;
(f) Regulation of signs;
(g) Regulation on the performance of the site, including noise, vibration, and odors;
(h) Regulation of the hours of activities;
(i) Timeframe for development
(j) Duration of use; and
(k) Other relevant conditions that will ensure the orderly development of the site.
Proposed Conditions of approval:
Condition number 5
8. Adequate measures have been or will be taken to provide ingress and egress to minimize traffic congestion in public streets;
The property is already served by a residential driveway. The addition of one more dwelling will not increase traffic congestion.
9. The special review use shall, in all other respects, conform to the applicable regulations of the district in which it is located, except as such regulations may, in each instance, be modified by the County Commission.
The Special Review request conforms to the Zoning Code requirements except for principle structure on a parcel in the RR3 district is restricted to one. The property is 3.42 acres and can adequately accommodate 3 single family dwellings. In this review, per Section 27-1622.d.9 the Zoning Commission may choose to recommend the BOCC approve along with this Special Review a variance to allow 3 single family structures (3 primary structures) on the described property.
The zoning commission shall only recommend approval or conditional approval and the County Commission shall only approve or conditionally approve a special review request if:
1. The special review use is consistent with the County’s growth policy and applicable neighborhood plans, if any;
The request is consistent with the County Growth Policy in that there is an allowance for a Type II Mobile home to be placed on a property in the RR3 zone district with a Special Review (SR) approval.
2. The establishment, maintenance, or operation of the special review use will not be detrimental to or endanger the public health, safety, morals, comfort, or general welfare;
Approval of the requested SR will not be detrimental to or endanger the public health, safety, morals, comfort, or general welfare.
3. The site for the proposed use is adequate in size and topography to accommodate the use while meeting the other requirements of this Zoning Code, including zone district dimensions, landscaping requirements, and parking.
The site is 3.42 acres and currently has two single family dwellings. Given the size of the property, access, and available land to allow appropriate separation between houses the site is adequate to accommodate one additional home.
4. The special review use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish and impair property values within the neighborhood;
The properties in the surrounding area are primarily used for residential uses, some of which have multiple dwellings on them. The location and additional home on the property should not significantly impact the adjacent neighbors. The proposed location of the home is a minimum of 20 feet to the property line and is buffered from view from the nearest neighbor by mature vegetation. Generally residential uses area always compatible with other residential uses.
5. The special review use will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the district;
The majority of the surrounding properties are already established, approval of the requested SR will not significantly affect the development and improvement if the surrounding properties. Any development on the property will require review by appropriate agencies, all improvements must be in place prior to placement of the home.
6. Conditions necessary to protect the public health, safety, and general welfare can be established, including but not limited to conditions on:
(a) Regulation of the use;
(b) Special setbacks, buffers, or screening;
(c) Surfacing of parking areas;
(d) Street, alley, or service road dedications, improvements, or bonds;
(e) Regulation of points of vehicular ingress and egress;
(f) Regulation of signs;
(g) Regulation on the performance of the site, including noise, vibration, and odors;
(h) Regulation of the hours of activities;
(i) Timeframe for development
(j) Duration of use; and
(k) Other relevant conditions that will ensure the orderly development of the site.
Proposed Conditions of approval:
- The approval shall be limited to Parcel 1 of Certificate of Survey 2003, generally located at 1037 Riverside Drive.
- This special review approval is to allow one Type II manufactured home to be placed on the property and can not be exchanged or changed without further review. No other special review use is intended or implied by this approval.
- The property is limited to no more than three (3) single family dwellings on the property (two existing structures and one (the proposed) manufactured home.
- The manufactured home shall be placed on the property in substantial conformance to the site plan submitted with this application.
- Prior to placement on the property adequate utilities, access roads, drainage, and/or necessary facilities will be provided, and appropriate permits for septic and water will be obtained.
- Adequate measures will be taken to provide ingress and egress to minimize traffic congestion in public streets.
- These Conditions must be meet within one year or the manufactured home must be removed from the property, and the special review will be invalid.
- Failure to comply with these conditions of approval of the special review use shall be deemed a violation of the zoning regulations.
- These conditions of special review approval shall run with the land described in this authorization and shall apply to all current and subsequent owners, operators, managers, lease holders, heirs and assigns.
Condition number 5
8. Adequate measures have been or will be taken to provide ingress and egress to minimize traffic congestion in public streets;
The property is already served by a residential driveway. The addition of one more dwelling will not increase traffic congestion.
9. The special review use shall, in all other respects, conform to the applicable regulations of the district in which it is located, except as such regulations may, in each instance, be modified by the County Commission.
The Special Review request conforms to the Zoning Code requirements except for principle structure on a parcel in the RR3 district is restricted to one. The property is 3.42 acres and can adequately accommodate 3 single family dwellings. In this review, per Section 27-1622.d.9 the Zoning Commission may choose to recommend the BOCC approve along with this Special Review a variance to allow 3 single family structures (3 primary structures) on the described property.
RECOMMENDATION
The Planning Division recommends conditional approval, based on the nine review criteria detailed in the summary section of this memo.