☐ Consent Agenda ☒Quasi-Judicial Public Hearing
☐ Regular Business 5:30 pm
☐ Public Hearing Other
DEPARTMENT: Planning & Zoning
SUBMITTED BY: Laura McClelland
PRESENTED BY: Misty Servia
TITLE & DESCRIPTION:
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Ordinance / Maria's Rentals / Rezone (RZNE-0046-2023)
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REQUESTED MOTION:
A motion to enter into the record this development review report and all other competent substantial evidence presented at the hearing and make a recommendation to the Board of County Commissioners to adopt/deny the findings and conclusions contained herein, and adopt/deny the proposed ordinance.
SUMMARY:
The request is an Official Zoning District Atlas amendment (rezoning) application (RZNE-0046-2023) filed by the Owner, Maria’s Rentals LLC, to change the zoning district of +/- 41.08 acres from Planned Unit Development (PUD) to Residential Multi-Family - 8 (RMF-8).
The property is located in the Urban Center Mixed Use Future Land Use Category and generally located in central DeSoto County, west of SE Highway 31.
BACKGROUND:
The application is a request to amend the Official Zoning District Atlas by changing the zoning district of +/- 41.08 acres from Planned Unit Development (PUD) to Residential Multi-family - 8 (RMF-8) district in the Urban Center Mixed Use Future Land Use category. The parcel, currently developed with 16 single-family homes on one parcel, that were built between the 1940’s and 1960’s, and was one of the original Power Auto Corp parcels that was known as the “Residence” parcel, located in the NE portion of the original Power Auto site. The larger area has a long history and was originally home to a US Army Air Corps airfield, then later a State mental hospital. Maria’s Rentals LLC purchased the land on July 25, 2019.
PROPERTY HISTORY:
February 24, 2015: Board approved SE-2015-01 (Resolution No. 2015-25) to allow multiple uses in the A-10 zoning district.
April 28,2015: Rezone from A-10 to PUD with a Concept Development Plan (RZNE-2015-03) (Resolution 2015-41) approved for the GPW property, which includes the subject property.
July 19, 2019: County approves Minor Administrative Subdivision Plat (PLAT-0006-2019)
The County subsequently determined that the Concept Development Plan associated with Resolution 2015-41 had lapsed, as no significant construction had occurred within 5 years of the time of the PUD enactment as required by Sec. 20-144(f)(10)(c)(4). Additionally, as a result of Power Auto selling portions of the GPW property to third parties, the Concept Development Plan associated with Resolution 2015-41 could never be developed as originally contemplated and approved, which has resulted in the need for each property owner to rezone their property and receive a separate development order.
Remedying the lapsed PUD approval is challenging for the subject land. The applicant described their intention to rehabilitate the 16 dwelling units as the reason for the rezoning request, but approval of the RMF-8 rezone will allow the owner to redevelop the 41.08 acres with up to 205 units (per the base density allowance of 5 du/acre per acre under the Urban Center Future Land Use Category).
The maximum density of 8 du/acre, allowed by the RMF-8 zoning, cannot be achieved without Board approval of a density bonus, as density is governed by the Future Land Use Category (FLUC).
The Land Development Regulations have several zoning districts that allow multi-family units, but they don’t align well with the Urban Center FLUC and none limit density below the 5 du/ac referenced in the FLUC.
The maximum density allowance in each of these zoning districts exceeds the 5 du/acre base density limitation of the FLUC:
Residential Multifamily District 6 (RMF-6)
Residential Multifamily District 8 (RMF-8)
Residential Multifamily District 12 (RMF-12)
Residential-Office-Institutional District (ROI): Maximum Density is 12 du/ac
The following zoning districts exist, but new zoning atlas amendments to these categories are prohibited:
Residential Mixed District (RM): (No new RM Districts)
Residential Multifamily Mixed District (RMF-M) (No new districts)
A new PUD rezoning is an alternative but also presents challenges.