Public Hearings 12.
Regular Board of Supervisors Meeting
Community Development
- Meeting Date:
- 10/11/2016
- Title:
- Z-16-02 (Kerr) - A request to amend the Zoning of parcel 105-28-004A to RU-2 from RU-4
- Submitted By:
- Peter Gardner, Community Development
- Department:
- Community Development
- Division:
- Planning & Zoning
Presentation:
PowerPoint
Recommendation:
Approve
Document Signatures:
BOS Signature Required
# of ORIGINALS
Submitted for Signature:
Submitted for Signature:
1
NAME
of PRESENTER:
of PRESENTER:
Peter Gardner
TITLE
of PRESENTER:
of PRESENTER:
Planner I
Mandated Function?:
Not Mandated
Source of Mandate
or Basis for Support?:
or Basis for Support?:
Docket Number (If applicable):
Z-16-02 (Kerr)
Information
Agenda Item Text:
Adopt Zoning Ordinance 16-04 approving Docket Z-16-02, amending the zoning district designation for parcel 105-28-004A to RU-2 from RU-4, pursuant to the request of Mr. Scott Kerr.
Background:
APPLICATION FOR A REZONING
The Applicant is requesting a rezoning from RU-4 (Rural; one dwelling per 4 acres) to RU-2 (Rural; one dwelling per 2 acres). The subject parcel is 10.11 acres in size. The request is to facilitate dividing the parcel into five 2-acre parcels.
The subject parcel, APN 105-28-004A is located on S. Coronado Trail at the intersection with S. Parker Canyon Road. The Applicant is Scott A. Kerr.
PLANNING AND ZONING COMMISSION
On Wednesday, September 14, 2016, the Planning and Zoning Commission voted 6-0 to forward this Docket to the Board of Supervisors with a recommendation of approval. The motion included the conditions of approval recommended by staff. As three written objections were received from the public, Section 2206.09 of the Zoning Regulations requires the Board to hold a public hearing.
I. DESCRIPTION OF SUBJECT PARCEL AND SURROUNDING LAND USES
Parcel Size: 10.11 acres
Current Zoning: RU-4 (Rural; one dwelling per 4 acres) Proposed Zoning: RU-2 (Rural; one dwelling per 2 acres)
Growth Area: D – Rural Area
Plan Designation: Rural
Area Plan: None
Existing Uses: None
Proposed Uses: Single Family Residential
Zoning/Use of Surrounding Properties
II. PARCEL HISTORY
None
III. NATURE OF REQUEST
The Applicant is requesting to amend the zoning on a 10.11-acre parcel adjacent to the Parker Lakeview Estates Subdivision from RU-4 to RU-2. This request is to facilitate splitting the parcel into lots of two acres minimum. The adjoining subdivision was platted in 1962, and is also zoned RU-4, however the parcel sizes vary from 7,800 square feet for small, single lots, to 64,000 square feet where multiple lots have been combined. Therefore, the entire subdivision is legal non conforming. Currently there are 48 homes on 103 parcels in the area of the platted subdivision. This request would permit up to five homes to be built on a site that would currently permit two homes. Other than maximum density, no other site development standards change from RU-4 to RU-2. The only change in uses is that Medical Marijuana Uses, which have not been requested, are permitted in RU-4 but not in RU-2.
Several of the access roads for the subdivision run through the subject parcel, and have been a cause of contention and litigation. One street in particular, W. Montezuma Place, is only accessible by travelling though the Applicant’s property. While a technical analysis of the request is generally favorable, special care must be taken to preserve existing access, as well as to ensure that any potential lots created from the subject parcel remain feasible lots.
The Applicant is requesting a rezoning from RU-4 (Rural; one dwelling per 4 acres) to RU-2 (Rural; one dwelling per 2 acres). The subject parcel is 10.11 acres in size. The request is to facilitate dividing the parcel into five 2-acre parcels.
The subject parcel, APN 105-28-004A is located on S. Coronado Trail at the intersection with S. Parker Canyon Road. The Applicant is Scott A. Kerr.
PLANNING AND ZONING COMMISSION
On Wednesday, September 14, 2016, the Planning and Zoning Commission voted 6-0 to forward this Docket to the Board of Supervisors with a recommendation of approval. The motion included the conditions of approval recommended by staff. As three written objections were received from the public, Section 2206.09 of the Zoning Regulations requires the Board to hold a public hearing.
I. DESCRIPTION OF SUBJECT PARCEL AND SURROUNDING LAND USES
Parcel Size: 10.11 acres
Current Zoning: RU-4 (Rural; one dwelling per 4 acres) Proposed Zoning: RU-2 (Rural; one dwelling per 2 acres)
Growth Area: D – Rural Area
Plan Designation: Rural
Area Plan: None
Existing Uses: None
Proposed Uses: Single Family Residential
Zoning/Use of Surrounding Properties
| Relation to Subject Parcel | Zoning District | Use of Property |
| North | RU-4 | Vacant |
| South | RU-4 | Vacant |
| East | RU-4 | High Density Residential |
| West | RU-4 | Vacant |
None
III. NATURE OF REQUEST
The Applicant is requesting to amend the zoning on a 10.11-acre parcel adjacent to the Parker Lakeview Estates Subdivision from RU-4 to RU-2. This request is to facilitate splitting the parcel into lots of two acres minimum. The adjoining subdivision was platted in 1962, and is also zoned RU-4, however the parcel sizes vary from 7,800 square feet for small, single lots, to 64,000 square feet where multiple lots have been combined. Therefore, the entire subdivision is legal non conforming. Currently there are 48 homes on 103 parcels in the area of the platted subdivision. This request would permit up to five homes to be built on a site that would currently permit two homes. Other than maximum density, no other site development standards change from RU-4 to RU-2. The only change in uses is that Medical Marijuana Uses, which have not been requested, are permitted in RU-4 but not in RU-2.
Several of the access roads for the subdivision run through the subject parcel, and have been a cause of contention and litigation. One street in particular, W. Montezuma Place, is only accessible by travelling though the Applicant’s property. While a technical analysis of the request is generally favorable, special care must be taken to preserve existing access, as well as to ensure that any potential lots created from the subject parcel remain feasible lots.
|
|
Department's Next Steps (if approved):
Planning Staff will take a copy of the recorded ordinance to GIS to amend the County Zoning Maps to reflect the action.
Impact of NOT Approving/Alternatives:
If the Board does not approve the Zoning Ordinance, the subject parcel will retain the existing RU-4 zoning designation.
To BOS Staff: Document Disposition/Follow-Up:
After the Chair signs the Zoning Ordinance, Board Staff should send a recorded copy of the same to the Planning Department for our files.