TO: Mayor and Members of City Council
THRU: Kelly Olivera - Assistant City Manager
Dr. Gerald Newton, AICP - Development Services Director
FROM: Craig M. Harmon, CZO - Senior Planner
DATE: February 27, 2023
RE:
Title
P23-02. Rezoning from Agricultural Residential (AR) to Neighborhood Commercial (NC) on 1 acre ±, located at 3459 Dundle Rd. (REID # 9495105082000) and is the property of Lorraine Mohler, MOHLER HOMES, INC, represented by Scott Brown, 4D Site Solutions, Inc.
end
COUNCIL DISTRICT(S):
Council District(s)
6 - Derrick Thompson
b
Relationship To Strategic Plan:
Strategic Operating Plan FY 2022
Goals 2026
Goal II: Responsive City Government Supporting a Diverse and Viable Economy
• Objective 2.1 - To ensure a diverse City tax base
• Objective 2.4 - To sustain a favorable development climate to encourage business growth.
Goal III: City invested in Today and Tomorrow
• Objective 3.2 - To manage the City's future growth and strategic land use.
• Objective 3.3 - To sustain a favorable development and business climate through timely and accurate construction review and building inspection services
Goal IV: Desirable Place to Live, Work and Recreate
• Objective 4.3 - To improve mobility and connectivity through sidewalk, trail, and bike lane investments
• Objective 4.4 - To provide a clean and beautiful community with increased green spaces
• Objective 4.5 - To ensure a place for people to live in great neighborhoods
Executive Summary:
The applicant is seeking to rezone one acre ± of Agricultural Residential (AR) to Neighborhood Commercial (NC). The parcel is currently undeveloped and is located near the intersection of Dundle and Stoney Point Roads.
The NC District is intended to accommodate small-scale, low-intensity, and convenience retail and service uses that provide goods and services serving the residents of the immediately surrounding neighborhood (e.g., personal service uses, small restaurants, and limited retail).
On January 10, 2023, the Zoning Commission held a Legislative Public Hearing on this case. There was one speaker in favor and none in opposition. The Commission voted 5-0 to recommend approval.
Background:
On May 10, 2022, the Zoning Commission denied a variance request for this property to reduce the minimum lot width of two proposed lots from 100 feet to 88 feet.
• Owner: Lorraine Mohler, Mohler Homes
• Applicant: Scott Brown, 4D Site Solutions, Inc
• Zoning District: Agricultural Residential (AR)
• Property Address: 3459 Dundle Rd
• Size: 1.0 acres ±
• Existing Land Use: Single-Family Residential Home
• Surrounding Zoning and Land Uses
• • North: NC - Single-Family Residential
• • South: AR - Single-Family Residential
• • East: AR - Single-Family Residential
• • West: AR - Single-Family Residential
Letters Mailed: 70
Traffic Counts: Average Daily Traffic 2018 Dundle Rd - 1,800
Land Use Plans:
With the adoption of the 2040 Comprehensive Plan: Future Land Use Map & Plan on May 26, 2020. All properties within the city limits as well as properties identified as being in the Municipal Influence Area (MIA) are subject to this plan.
According to the Plan, it is recommended that this portion of the city should be developed as Neighborhood Mixed Use (NMU).
Neighborhood Mixed Use (NMU) is best described as neighborhood-scale commercial uses, with a mix of horizontal uses and vertically built-in key locations. Buildings of 1-3 stores are appropriate. Smaller scale multi-family, attached single-family, and small lot single-family residential is appropriate. Lower-density construction should be located along the edges.
Issues/Analysis:
History:
The property is 1.0 acres ± and is located at 3459 Dundle Road. The site is a single-family residential site, but is currently vacant. The current Unified Development Ordinance was adopted in 2011. This property was not developed prior to the adoption to the UDO.
This is a single frontage lot facing Dundle Road. The UDO requires that lots within the AR zoning district be at least 20,000 square feet and have a minimum of 100 feet of road frontage.
Surrounding Area:
The applicant’s proposal is congruous with the types of zoning in this area. The property directly to the north is zoned NC. While the property to the east is zoned AR, its use as an outdoor dog kennel is commercial. It is also in keeping with the recommended zoning of the 2040 Future Land Use Plan, Neighborhood Mixed Use. The properties to the north and east are already either zoned commercially or have commercial uses on them. To the west is over eight acres of undeveloped property that is designated for Neighborhood Mixed Use as well. To the south is all single-family residential.
Rezoning Request:
The applicant is requesting to rezone an area currently zoned Agricultural Residential (AR) to Neighborhood Commercial (NC) which would allow the development of commercial, office, or multi-family or single-family. The zoning purpose of the NC District is to “accommodate small-scale, low-intensity, and "convenience" retail and service uses that provide goods and services serving the residents of the immediately surrounding neighborhood (e.g., personal service uses, small restaurants, and limited retail).” In the existing zone, AR, uses are intended to accommodate rural uses, including agricultural uses, uses that complement or support agricultural uses, and very low-density residential uses. It encourages residential development that preserves farmland and other open space through flexibly-designed conservation subdivisions.
Land within the City is generally classified by the Unified Development Ordinance (UDO) to be within one of many base zoning districts. Land may be reclassified to one of several comparable zoning districts in accordance with Section 30-2.C.
Straight Zoning:
The request is for a straight zoning from Agricultural Residential (AR) to Neighborhood Commercial (NC).
The NC District is established and intended to accommodate small-scale, low-intensity, and "convenience" retail and service uses that provide goods and services serving the residents of the immediately surrounding neighborhood (e.g., personal service uses, small restaurants, and limited retail). Development in the district should not include uses of a size that is out of scale with a residential neighborhood, or that attracts traffic from outside the surrounding neighborhood. New construction shall not create individual retail uses over 2,500 square feet without obtaining a Special Use Permit (See Section 30-2.C.7.). Residential uses are encouraged on the upper floors of nonresidential establishments. The district is subject to standards intended to ensure development is consistent with the neighborhood scale and compatible with surrounding uses and the design standards in Article 30-5: Development Standards.
The proposed zoning district is compatible with the area and this district is in keeping with the City’s Future Land Use Plan. This rezoning would be a complement to the commercial zoning districts around this parcel.
The reclassification of land to a straight zoning district allows all of the uses that are shown on the attached Use Table taken from the UDO. The City Council may not consider conditions or restrictions on the range of allowable uses, use standards, development intensities, development standards, and other applicable regulations.
Land Use Plan Analysis:
According to Future Land Use Map & Plan, this area is recommended to be developed as a Neighborhood Mixed Use (NMU). Neighborhood Mixed Use (NMU) is best described as neighborhood-scale commercial uses, with a mix of horizontal uses and vertically built-in key locations. Buildings of 1-3 stores are appropriate. Smaller scale multi-family, attached single-family, and small lot single-family residential is appropriate. Lower-density construction should be located along the edges.
The applicant’s proposal is congruous with the types of zoning in this area. The property directly to the north is zoned NC. While the property to the east is zoned AR, its use as an outdoor dog kennel is commercial. It is also in keeping with the recommended zoning of the 2040 Future Land Use Plan, Neighborhood Mixed Use. The properties to the north and east are already either zoned commercially or have commercial uses on them. To the west is over eight acres of undeveloped property that is designated for Neighborhood Mixed Use as well. To the south is all single-family residential.
Consistency and Reasonableness Statements:
The Future Land Use Plan also sets forth written goals, policies, and strategies. This application looks to follow the City’s strategic, compatible growth strategies by meeting the goals of the Land Use Plan found on the attached Consistency and Reasonableness form.
Budget Impact:
There is not an immediate budgetary impact but there will be an economic impact associated with this rezoning that will occur due to taxes collected in the future.
Options:
1. Approval of the application as submitted based on the evidence submitted and finds that the map amendment/rezoning is consistent with the Future Land Use Plan as demonstrated by the attached consistency and reasonableness statement;
2. Approval of the application with a reduction in the area proposed to be rezoned based on the evidence submitted and finds that the map amendment/rezoning would be consistent with the Future Land Use Plan and an amended consistency and reasonableness statement.;
3. Approval of a rezoning to a more restricted base zoning district based on the evidence submitted and finds that the map amendment/rezoning would be consistent with the Future Land Use Plan and an amended consistency and reasonableness statement.; or
4. Denial of the application based on the evidence submitted and finds that the map amendment/rezoning is inconsistent with the Future Land Use Plan.
Recommended Action:
The Zoning Commission and Professional Planning Staff recommend that the City Council move for approval of the map amendment to NC based on:
• The proposed zoning map amendment implements the policies adopted in the Future Land Use Plan (FLUP), and those policies found in the Unified Development Ordinance (UDO). The Future Land Use Plan calls for the subject property to be developed as Neighborhood Mixed Use.
• The uses permitted by the proposed change in zoning district classification and standards apply to such use and will be appropriate in the immediate area of the land to be reclassified due to the existing zoning and uses surrounding this property; and
• There are no other factors that will substantially affect public health, safety, morals, or general welfare.
Attachments:
1. Plan Application
2. Aerial Notification map
3. Zoning Map
4. Land Use Plan Map
5. Subject Property
6. Surrounding Property Photos
7. Consistency and Reasonableness Statements