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11 3.0 BACKGROUND � 2 3.1 The subj ect property, located in Planning District 16, has a Comprehensive Plan Land � 3 Use Designation of Low-Density Residential (LR) and a zoning classif'ication of Low- �4� Density Residential-1 (LDR-1) District. 15 16 17 18 19 20 21 22 23 24 25 26 27 32 When exercising the City's legislative authority when acting on a�zoNrlvG request, the role of the City is to review a proposal for its merits in addition to evaluating the potential impacts to the public health, safety, and general welfare of the community. If a rezoning request is found to be consistent with the Comprehensive Plan and is otherwise a desirable proposal, the City may still deny the rezoning request if the proposal fails to promote the public health, safety, and general welfare. 33 When exercising the so-called "quasi judicial" authority when acting on a pLAT request, the role of the City is to determine the facts associated with a particular request and apply those facts to the legal standards contained in the ordinance and relevant state law. In general, if the facts indicate the applicant meets the relevant legal standard, then they are likely entitled to the approval, although the City is able to add conditions to a plat approval to ensure that the likely impacts to roads, storm sewers, and other public infrastructure on and around the subject property are adequately addressed. 28 3.4 An applicant seeking approval of a plat of this size or a rezoning is required to hold an 2g open house meeting to inform the surrounding property owners and other interested 3o individuals of the proposal, to answer questions, and to solicit feedback The open house 3� for this application was held on January 6, 2014; the brief summary of the open house s2 meeting provided by the applicant is included with this staff report as Attachment C. 33 34 35 36 37 38 39 40 3.5 During its April 21, 2014 review of this application the City Council expressed concerns about the possibility of two-family and one-family attached dwellings being developed on the subject property as a consequence of the proposed rezoning to LDR-2, concerns about the propriety of applying the LDR-2 district in the proposed location in light of the district's statement of purpose, and concern about whether the language of the Subdivision Code even allows the creation of lots for one-family, detached dwellings if those lots were narrower than 85 feet. For these reasons, the City Council tabled action on the proposal until May 12, 2014. 41 4.0 42 4.1 43 44 45 46 REZONING ANALYSIS The LR guidance of the property in the Comprehensive Plan allows for two possible low- density zoning designations: the existing LDR-1 and the proposed LDR-2. Since the subject property is about three-and-a-half acres in size, the proposed seven lots would yield about two dwelling units per acre, which about half of the recommended maximum density of single-family detached homes established in the Comprehensive Plan. 4� 42 The LDR-2 Statement of Purpose, reads as follows: 4g Statement of Purpose: The LDR-2 Disirict is designed to provide an environment of one- 49 family dwellings on small lots, two family and townhouse dwellings, along with related 5o uses such as public services and utilities that serve the residents in the district. The 5� district is established to recognize existing areas with concentrations of two family and 52 iownhouse dwellings, and for application to areas guided for redevelopmeni at densiiies u:: up to 8 units per acre or with a greater diversity of housing types. PF14-002 Prelim RCA 051514.doc Page 2 of 8