07/13/2016 P&Z Packet - Laserfiche WebLink

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FINDINGS OF FACT As noted in this report, the project is generally consistent with the land use and zoning requirements for the site, but there are a number of significant issues that must be addressed prior to approval. The following are Findings of Fact as related to the land use decisions for the Rezoning and PUD Development Stage Plan/Preliminary Plat. Section 1007.01 S Administration: Amendments and Rezonings The property is currently zoned R, Rural and R-BR, Rural -Business Reserve and Lot 1, Block 1 is proposed to be rezoned to PUD-Planned Unit Development. Per Section 1007.015 (5), the Planning and Zoning Board shall consider possible adverse effects of the proposed rezoning and its judgement shall be based upon, but not limited to, the following factors: 1. The proposed action has been considered in relation to the specific policies and provisions of and has been found to be consistent with the official City Comprehensive Plan. 2. The proposed use is or will be compatible with present and future land uses of the area. 3. The proposed use conforms with all performance standards contained in § 1007.024 of the City Code. Section 1007.024 PUD, Planned Unit Development The applicant has not submitted a specific request for the areas where PUD flexibility is requested, except to note that it is their desire to allow outside trailer storage adjacent to I-35E, which is not allowed. Section 1007.024(1) (PUD Purpose and Intent) allows deviation from the strict provisions of this Ordinance related to setbacks, heights, lot area, width and depths, yards, etc., by conditional use permit or a mixture of uses by rezoning to a PUD District, is intended to encourage: 1. A development pattern in harmony with the objectives of the Comprehensive Plan. 2. Innovations in development that address growing demands for all styles of economic expansion, greater variety in type, design, architectural standards, and siting of structures through the conservation and more efficient use of land in such developments. 3. The preservation and enhancement of desirable site characteristics such as existing vegetation, natural topography and geologic features and the prevention of soil erosion. 4. A creative use of land and related physical development which allows a phased and orderly transition of varying land uses in close proximity to each other. 5. An efficient use of land resulting in smaller networks of utilities and streets thereby lowering development costs and public investments. 6. Promotion of a desirable and creative environment that might be prevented through the strict application of City zoning and subdivision regulations. Staff finds that the applicant does meet the standards for the rezoning to PUD. 12