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File #: 2015-168    Version: 1 Name: Zoning Request Z15-007
Type: Authorization Status: Passed
File created: 5/7/2015 In control: City Council
On agenda: 9/19/2016 Final action: 9/19/2016
Title: Public Hearing - Zoning Request Z15-007 - Rezoning from R-20 to RAD-Conditional for the development of fourteen single-family homes - 5.61Acres - Land Lot 338 - 3744 Plumcrest Road - Sean Tintle
Sponsors: Charles Welch
Attachments: 1. Issue Sheet 2015-168.pdf, 2. Z15-007_Staff Memo_V.4_Litigation, 3. Zoning Vicinity Map_V.2_Z15-007, 4. Land Use Vicinity Map_V.2_Z15-007, 5. Rezoning Application_Z15-007, 6. Site Plan_Litigation-Z15-007, 7. Preliminary Hydrology Report_Z15-007, 8. Building Elevations_Litigation-Z15-007, 9. Legal Descriptions N. Cooper Lake Road Full Set with Site Tax ID's 08 10 15, 10. Warranty Deed_Z15-007, 11. Water & Sewer Letter_Z15-007, 12. County & City Taxes_Z15-007, 13. Correspondence_Z15-007
Impact
WARD: 4

COMMITTEE: Community Development

$ IMPACT: N/A

Title
Public Hearing - Zoning Request Z15-007 - Rezoning from R-20 to RAD-Conditional for the development of fourteen single-family homes - 5.61Acres - Land Lot 338 - 3744 Plumcrest Road - Sean Tintle

Body
ISSUE: Sean Tintle is requesting a rezoning from R-20 to RAD-Conditional for the construction of fourteen single-family homes at a density of 2.6 units per acre.

BACKGROUND: The subject property was originally proposed for rezoning from R-20 to RAD-Conditional for the development of 15 single-family residences at a density of 2.67 units per acre. The original request was recommended for approval by the Planning and Zoning Board by a vote of 5-2 at the July 13, 2015 meeting. The Mayor and City Council voted to deny the rezoning by a vote of 4-3 at the September 8, 2015 meeting. Since the final decision of denial, the property owner as issue a constitutional challenge to the decision. The city and the property owner have been working through the mediation process to address the constitutional challenge. The property owner has developed a new fourteen lot plan and the judge has requested that the city rehear the rezoning. The applicant has resubmitted the new zoning plan to be heard by the Mayor and City Council.

RECOMMENDATION/REQUESTED ACTION: Community Development recommends approval the rezoning from R-20 to RAD-Conditional for the 14 single-family residences at a density of 2.6 units per acre with the following conditions:

Standard Conditions
(Requirement #8 and 17 from Section 1201 of the Zoning Code is not applicable)

1. The composition of the homes in a residential subdivision shall include a mixture of elements including; but not limited to: brick, stone, shake, hardy plank and stucco. No elevation shall be comprised of 100% hardy plank siding. The residences whose lots abut external roadways shall not be permitted to utilize hardy plank for any elevation facing t...

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