Disposition Summary

Deny the CMU (Corridor Mixed-Use) place type because it is incompatible with surrounding land use and inconsistent with Comprehensive Plan policies.

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Staff Recommendation

Deny the CMU (Corridor Mixed-Use) place type because it is incompatible with surrounding land use and inconsistent with Comprehensive Plan policies.

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PURSUANT TO THE COMPREHENSIVE PLAN, CHAPTER 3 IMPLEMENTATION, A PLAN AMENDMENT MAY BE APPROPRIATE IF THERE IS AN OBVIOUS OR SIGNIFICANT ERROR OR OMISSION IN THE PLAN, OR IF TWO OR MORE OF THE OTHER CRITERIA APPLY.

OBVIOUS OR SIGNIFICANT ERROR OR OMMISSION IN THE PLAN:
1. The subject property is in the middle of a broader area of the TN (Traditional Neighborhood) place type designation, and it is set back almost a quarter-mile driving distance from Chapman Highway. The existing land use on the property is a single-family house, and it is only accessible via a long, narrow unstriped driveway that leads through and behind another single-family property. This context is consistent with the residential intent of the TN place type, and is not the result of an error in the plan.
2. The requested CMU (Corridor Mixed-Use) place type was recently approved nearby to the southeast along the Chapman Highway corridor but is not connected to the subject property (7-I-24-PA). That plan amendment request was for a larger section of that parcel, which extended past the subject property, but the CMU place type was only approved a certain distance away from Chapman Highway to keep the commercial land use and zoning concentrated along the street and not encroach into a residential area.The CMU place type is intended to be located along major corridors, not on residential properties set far back from a corridor with access challenges.

IF THERE ARE NO ERRORS OR OMMISSIONS, TWO OF THE FOLLOWING CRITIERIA MUST BE MET:

CHANGES OF CONDITIONS (SUCH AS SURROUNDING LAND USES, ZONING, UNCONTROLLED NATURAL FORCES/DISASTERS, ETC.):
1. Approximately 100 acres surrounding the subject property was recently rezoned from A (Agricultural) and RA (Low Density Residential) to PR (Planned Residential) with a density of 3 du/ac (1-K-24-RZ). This zoning change lays the groundwork for a future unified residential development around the subject property.
2. At the same time, a portion of the surrounding property southeast along Chapman Highway, which is not connected to the subject parcel, was rezoned to CA (General Business) in the same placement as the aforementioned CMU place type, on the condition that development plans be reviewed by the Planning Commission to ensure they are consistent with the mixed-use intent of the amended CMU place type (1-L-24-RZ/7-I-24-PA). This rezoning consisted of 19 acres and followed another recent case across Chapman Highway, where 15 acres along the corridor were approved to be rezoned from RA to CA (1-M-24-RZ). Neither of these large properties have been developed yet, so there is ample underutilized commercial property already existing in a more appropriate location along this major arterial street.
3. These changes to surrounding zoning and future land use do not support the requested spot plan amendment to the CMU place type.

INTRODUCTION OF SIGNIFICANT NEW UTILITIES OR LOCAL/STATE/FEDERAL ROAD PROJECTS THAT WERE NOT ANTICIPATED IN THE PLAN AND MAKE DEVELOPMENT MORE FEASIBLE:
1. There have been no changes to infrastructure or roads pertaining directly to this property, which has sub-standard driveway access from Chapman Highway and no sanitary sewer service.

NEW DATA REGARDING TRENDS OR PROJECTIONS, POPULATION, HOUSING CONDITIONS, OR TRAFFIC GROWTH THAT WARRANT RECONSIDERATION OF THE ORIGINAL PLAN:
1. There is no new data regarding development trends or population projections that warrant the requested land use amendment.

THE PROPOSED CHANGES SUPPORT THE POLICIES AND ACTIONS, GOALS, OBJECTIVES, AND CRITERIA OF THE PLAN:
1. The proposed CMU place type at this location conflicts with Implementation Policy 9 in the Comprehensive Plan to coordinate infrastructure improvements with development. The subject property is not in a location or with adequate access for a more intensive and commercial place type.