Disposition Summary

Remove the (C) (Previously Approved Planned District) designation because it promotes more orderly development consistent with the purpose of the Zoning Code.

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Staff Recommendation

Remove the (C) (Previously Approved Planned District) designation because it promotes more orderly development consistent with the purpose of the Zoning Code.

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Prior to the adoption of the current zoning code, the subject property was zoned RP-1 (Planned Residential District). With the adoption of the City Zoning Ordinance and map on January 1, 2020, the subject property was assigned to the RN-2 (Single-Family Residential Neighborhood Zoning) district but retained the Previously Approved Planned District (C) designation.

Per Article 1.4.G. (Previously Approved Planned Districts) of the current zoning ordinance, all previously approved planned districts remain in effect and are subject to all plans, regulations, and/or conditions of their approval. The most recently approved Use-on-Review and Concept plan for this site was a 2010 plan for 251 detached single-family dwellings that included many acres outside of the subject property to the southeast. The (C) designation was removed from most of this adjacent acreage in 2022, making the previously approved RP-1 development plan null and void (9-A-22-SU).

If the former RP-1 zoning is removed from the site, the existing RN-2 and HP (Hillside Protection Overlay) zoning standards would apply to any future development. Before plans can be approved for a change to the property or use, the (C) designation must be removed from the site via the Special Use process.

STANDARDS FOR EVALUATING A SPECIAL USE (ARTICLE 16.2.F.2)
1) THE USE IS CONSISTENT WITH ADOPTED PLANS AND POLICIES, INCLUDING THE GENERAL PLAN AND THE ONE-YEAR PLAN.
A. Removing the (C) designation from this property would allow the base zoning of RN-2 to apply to future development of the site. The RN-2 district is aligned with the LDR (Low Density Residential) land use classification for this property in the One Year Plan and the East City Sector Plan.
B. The (C) designation is not contemplated by the General Plan, and removing it from this property does not conflict with any of its Development Policies.

2) THE USE IS IN HARMONY WITH THE GENERAL PURPOSE AND INTENT OF THIS ZONING CODE.
A. The (C) designation preserves outdated regulations from a prior zoning code which can cause confusion for developers and reviewers. Removing the (C) designation from properties aligns with the purpose of the current zoning code described in Article 1.2.B, to promote orderly development of the City; and Article 1.2.H, to provide for the gradual elimination of nonconformities.

3) THE USE IS COMPATIBLE WITH THE CHARACTER OF THE NEIGHBORHOOD WHERE IT IS PROPOSED, AND WITH THE SIZE AND LOCATION OF BUILDINGS IN THE VICINITY.
A. The removal of the (C) designation allows for the subject property to be developed according to current zoning standards like all the neighboring single-family properties on Buffat Mill Road. The base zoning of RN-2 is compatible with surrounding zoning, which ranges from the RN-1 and RN-2 (Single-Family Residential Neighborhood) districts to the RN-3 (General Residential Neighborhood) district.

4) THE USE WILL NOT SIGNIFICANTLY INJURE THE VALUE OF ADJACENT PROPERTY OR BY NOISE, LIGHTS, FUMES, ODORS, VIBRATION, TRAFFIC, CONGESTION, OR OTHER IMPACTS DETRACT FROM THE IMMEDIATE ENVIRONMENT.
A. There are no adverse impacts anticipated to occur with the removal of the (C) district.

5) THE USE IS NOT OF A NATURE OR SO LOCATED AS TO DRAW SUBSTANTIAL ADDITIONAL TRAFFIC THROUGH RESIDENTIAL STREETS.
A. The subject property only accesses Buffat Mill Road, a major collector street. Removing the (C) designation should have no impact on local streets.