HomeMy WebLinkAboutPlanning SummaryItem #5: Cabella Creek (IZZ-09-004)
Location, size of property and existing zoning: The approved plat consists of 18.84 acre. The rezone boundary consists of 5.41 acres
and is currently zoned R-4. The site is located north side of E. Victory Road, west of S. Mesa Way and east of S. Bailey Way.
Adjacent Land Use and Zoning:
1. North: Single-family lots within Cabella Creek Subdivision and Salmon Rapids Subdivision, zoned R-4
2. East: Single-family lots within Cabella Creek Subdivision and 5-acre single-family lots within Kachina Estates Subdivision,
zoned R-4 and RUT (Ada County)
3. South: Single-family lots within Cabella Creek Subdivision and Tuscany Village Subdivision, zoned R-4 and R-8
4. West: Single-family lots within Cabella Creek Subdivision and 5-acre single-family lots within Kachina Estates
Subdivision, zoned R-4 and RUT (Ada County)
Application: Rezone 5.41 acres from the R-4 zoning district to the R-8 zoning district.
Comprehensive Plan Designation: Low-density residential (3 or less DU's /acre). The approved plat has a gross density of 2.49 acres
which complies with the current low-density residential land use designation.
Compliance with Comprehensive Plan: No. Staff believes an R-8 zoning district is more appropriate for a medium density residential
land use designation given the current land use designation and adjoining low density residential land uses.
Compliance with UDC: No. Because no other aspects of the project (densify, # of lots, lof sizes) are changing from the previous
approval, Staff finds the site complies more with the established regulations of the R-4 zone. The rezone request is merely to deviate
from the minimum living space standards of the R-4 zoning district.
History of Previous Actions:
• Three of the five subject parcels were part of an annexation request in 2005 (MeGee Annexation, AZ-05-048).
That application was denied by the City Council, primarily because the request for annexation did not have a
concurrent development application (plat), there was concern about transitional densities and the proposed
zoning.
• This property was annexed and zoned (AZ-06-014) R-4 in 2006. (Note: A development agreement was required with fhe
annexation and recorded as instrument# 107119576.) A preliminary plat (PP-06-012) consisting of 47 single-family
residential lots and 11 common lots on 18.84 acres was approved concurrently. The final plat (FP-06-044) was also
approved in 2006.
Outstanding Issue(s) for Commission: The Commission should determine if rezoning the property for the sole purpose of deviating
from the dimensional standards of the UDC is appropriate grounds for changing the zoning.
Written Testimony: The applicant has provided a written response to the staff report. Staff has also received written testimony from one
of the home owners detailing his concerns with the rezone and supports a recommendation for denial.
Staff Recommendation: Denial
Notes:
RFCFTVF~
DEC 0 3 1009
CITYOFCt-~r ~n~nN
CITY CLERKS OFFICE