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Staff Recommendation

Deny the RC (Rural Conservation) place type because there has not been a substantial change in conditions. The HP (Hillside Protection Area) would be retained.

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The applicant is requesting a rezoning to PR (Planned Residential) with up to 3 du/ac. While this exceeds the density allowed in the Growth Policy Plan, the applicant is requesting the plan amendment to the Comprehensive Plan Future Land Use Map to align the zoning with the Comprehensive Plan. Since the RL (Rural Living) place type does not allow consideration of PR with up to 3 du/ac, the applicant is requesting RC (Rural Conservation), which does allow consideration of this level of density.

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 OMISSION IN THE PLAN:
1. The RL (Rural Living) place type on this property is not the result of an error or omission in the plan. The RL place type is intended for areas primarily made up of single family residential within a rural setting. These areas may include agriculture, open space, and some limited commercial uses that support agriculture and civic uses. The subject property is situated on a section of Fort Sumter Road that transitions from traditional suburban-style development to a more rural character, with large lots featuring single-family dwellings and agricultural uses.

IF THERE ARE NO ERRORS OR OMISSIONS, TWO OF THE FOLLOWING CRITERIA MUST BE MET:

CHANGES OF CONDITIONS (SUCH AS SURROUNDING LAND USES, ZONING, UNCONTROLLED NATURAL FORCES/DISASTERS, ETC.):
1. There has not been a substantial change in conditions in the surrounding area that would warrant a plan amendment at this site. Development in the area has remained stable, consisting of agricultural uses and the sporadic construction of a few single-family dwellings on large lots.
2. There have been two rezoning requests approved within 0.75 miles of the subject property since the Comprehensive Plan was adopted (4-O-25-RZ, 1-F-26-RZ). Both requests were in the Planned Growth Area of the Growth Policy Plan and aligned with the designated SR (Suburban Residential) place type on the properties.
3. The 2024 amendment to the Growth Policy Plan updated requirements for residential development within the Rural Area. The plan states that residential development in the Rural Area shall be limited to the following conditions: (a) no more than 2 dwelling units per acre, (b) sanitary sewer or a sewage system approved and maintained by a public utility company must be available, and (c) must be on a collector road with a minimum pavement width of 18 ft.

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 has not been an introduction of new utilities or road improvements in the area that would make development more feasible.
2. This property is located within a consistent block of the RL place type, so the RC place type would break up this pattern and form an anomaly. The RL place type was placed in this area intentionally because it supports and aligns with the Growth Policy Plan.

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 specific to this request that warrants a plan amendment to the RC (Rural Conservation) place type.

THE PROPOSED CHANGES SUPPORT THE POLICIES AND ACTIONS, GOALS, OBJECTIVES, AND CRITERIA OF THE PLAN:
1. The proposed plan amendment is not consistent with the Comprehensive Plan's Implementation Policy 2: Ensure that development is sensitive to existing community character. The RC place type allows consideration of residential zoning with densities that do not align with the rural character of the area, such as PR with up to 5 du/ac.

OTHER CONSIDERATIONS:
1. As mentioned previously, the requested plan amendment and rezoning do not meet the requirements of the Growth Policy Plan. That plan allows a density of up to 2 du/ac in the Rural Area, but only when certain conditions are met; otherwise, the maximum allowable density is 1 du/ac.
2. The subject property is near the edge of the designated Rural Area. McCloud Road to the west forms the boundary between the Rural Area and the Planned Growth Area. It is important to note that the Growth Policy Plan does not make an exception for properties along the Rural Area's boundaries.