Memo

Date:      October 12, 2005

To:          Town Planning Commisison Members

From:     Department of Community Development Staff

RE:          Agenda Item 12 – Rezoning – Lake Breeze Condos – 008-0308-01-01

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 site density may increase, therefore having more effective site use.  The parcel uses are limited due to its size, access restrictions, and its proximity to S.R. 441   The R-5 zoning district allows reduced setbacks from the required setbacks in R-2.  R-2 zoning requires a 30-foot setback from the street yard, 25-feet from the rear, 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.  The other setbacks may vary starting as low as 0 foot setback. 

A common misconception of the R-5 zoning district is that it is for multiple family uses only.  The R-5 zoning district can be used for low density development also.   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.

The proposed conditional use permit is described in detail under Agenda Item 13. 

Findings of Fact

Staff finds that this rezoning complies with the low-density residential designation in the Town of Menasha’s Chapter 30 Comprehensive Plan Ordinance.

Staff Recommendation                            

The R-5 zoning, at the density proposed, is compatible with the Town’s adopted Future Land Use Map and is a justified rezoning.  This application may be approved subject to the condition that the CUP application as Agenda Item 13 be approved also.  

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.