☐ 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:
title
Ordinance / Maria G. Mendieta Olvera / Rezone (RZNE-0070-2025)
body
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 applicant has applied for an Official Zoning District Atlas Amendment application (RZNE-0070-2025) to rezone ±1.11 acres from Agricultural-5 (A-5) to Residential Single Family-1 (RSF-1).
BACKGROUND:
The application is a request to amend the Official Zoning District Atlas by changing the zoning district of ±1.11 acres from Agricultural-5 (A-5), 1 dwelling unit per 5 acres, to Residential Single Family-1 (RSF-1), 1 dwelling unit per acre.
The Interim 2040 Future Land Use Map shows the property is designated as Low Density Residential, which allows up to 2 dwelling units per acre. Future Land Use Element Objective 1.4 defines the Low-Density Residential category., as follows: “The Low-Density Residential Use category consists of low-density residential uses in progressive degrees of urban intensity with higher density in areas adjacent to the Medium Density Residential, Mixed Use Centers, General Mixed Use Centers and less density/intensity in areas adjacent to the Rural/Agricultural categories.”
The Official Zoning District Atlas shows the property is located within the Agricultural-5 (A-5) zoning district. The rezone application states the applicant for this Official Zoning District Atlas amendment is Maria G. Mendieta Olvera.
The subject 1.1-acre parcel is a portion of a 2.23-acre Lot of Record; and while it is unclear when the Lot of Record was split in half, research on the Property Appraiser’s website shows that it has been in the current configuration since April 11, 1994.
The Lot of Record was non-conforming to the A-5 district minimum lot area requirements and the non-conformity was increased when the parcel was split in half. Approval of the proposed rezoning will allow the parcel to comply with the minimum zoning standards of the RSF-1 district and eliminate the non-conformity for the subject parcel.
DeSoto County has an historical practice of requiring the issuance of a Zoning Letter prior to issuance of a Building Permit. The Zoning Letter confirms that a parcel has access, that the use is allowed, and the parcel meets the required dimensional standards; however, the practice does not include researching the history of the parcel creation and whether creation of the parcel was in conformance with subdivision regulations. In alignment with this practice, approval of the RSF-1 zoning will allow the subject parcel to be eligible for a future building permit. The subject property is currently occupied with a single wide mobile home. The application narrative states an intent to build a single-family home.