Memo

Date:      8/8/2005

To:          Town Planning Commisison Members

From:     George L. Dearborn Jr., AICP

RE:          Agenda Item 2 - Rezoning from R-2 Single Family to R-5 Planned Unit Development for 14 Unit Condominium Project (Tayco Rd & Forkin St.)

Overview

This item was postponed for 30 days so that the applicant Michael Blank could provide additional information. 

The applicant is requesting a rezoning of 3.49 acres from R-2 Suburban Residential District to R-5 Planned Residential District.  R-5 zoning allows for a more flexible use of the property when site issues make it difficult to use conventional zoning districts.  The use of the parcel is limited due to its size, access restrictions, and its proximity to S.R. 441   The R-5 zoning district allows setbacks to be reduced from the required setbacks of the R-2 zoning district.  R-2 requires a setback of 30 feet from the street yard setback, 25 feet from the rear setback and 7 and 10 feet for the side setbacks.  The R-5 zoning district requires a setback of 30 feet from the external property lines.  All other setbacks can vary to as low as a 0 foot setback.  

The proposed conditional use permit (CUP) has been modified and is described in detail under Agenda Item 3.  The applicant is now proposing a CUP to construct 14 condominium units on a dedicated public road.    

As I stated before in my previous memo, a common misconception of the R-5 zoning district is that it is for multiple family uses only.  Actually, the R-5 zoning district can be used for low density development as well.   An example of this is the Jacobsen Road Single Family Condominium development.  An R-5 conditional use permit can specify the density, design and layout of the development and is commonly used on sites that have site restrictions that limit development.

Findings of Fact

Staff finds that the proposed rezoning is in compliance with Chapter 30 of the Comprehensive Plan Ordinance.

Staff Recommendation

The R-5 zoning as proposed, is compatible with the Town’s adopted Future Land Use map which shows this area as low density residential.  The proposed density of this development is now 4.01 units per acre which is below the maximum allowed density in the low density land use category of 5 units per acre.  Staff recommends approval of this rezoning as long as the CUP is also approved.