Memo

Date:      7/13/2005

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 17 Unit Condominium Project (Tayco Rd & Forkin St.)

Overview

The applicant Michael Blank is requesting a rezoning of 3.49 acres from R-2 Suburban Residential District to R-5 Planned Residential District.  The applicant desires the R-5 zoning designation so that he can increase the site density and therefore more effectively use the site.  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 is described in detail under Agenda Item 3.  The applicant is proposing a CUP to construct a 17 unit condominium project with a private access road. 

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 Comprehensive Plan Ordinance.

Staff Recommendation

Staff feels that the R-5 zoning is compatible with the Town’s adopted Future Land Use map and is a justified rezoning, but since it is tied to the Conditional Use Permit for this development, this rezoning application should be delayed until the CUP is acted on. The reason the applicant is proposing the R-5 zoning is to allow for reduced setbacks that will allow increased densities which would not be possible under the R-2 zoning district.  Some increase in density and site layout can be justified due to the property’s proximity to S.R. 441.