Subject:
Title
Q ZON-21-12 (First Capital Trusts, LLC)
A request for a change of Zoning from R-A, Residential Agriculture to R-5, Urban Residential on approximately 2.3 acres located on the west side of Starkey Road, approximately 483 feet north of 94th Avenue North in unincorporated Seminole. (Quasi-Judicial)
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Recommended Action:
Recommended Action
Based upon the evidence and findings contained in the staff report and attachments, Case No. ZON-21-12 is recommended for approval:
A Resolution approving the application of First Capital Trusts, LLC for a change in zoning from Residential Agriculture (R-A) to Urban Residential (R-5).
• The applicant is seeking a zoning change on a vacant 2.3-acre site.
• The proposed use is a 29-unit townhome development.
• The subject property is located along a four-lane divided arterial roadway with similar uses in the immediate vicinity.
• The Local Planning Agency unanimously recommended approval of the request (vote 4-0). Five-people appeared in opposition citing increased density, ecological impacts, light pollution, setbacks, and traffic.
• Two letters of objection have been received.
a.) The maximum density is based on the land use category, which is not changing. Ecological impacts, light pollution, and setbacks will be addressed during site plan review per Code requirements and other regulations. Traffic impacts will not affect the carrying capacity of area roadways.
b.) The applicant has spoken with neighbors within the townhome community to the north to discuss their concerns. They reported positive results and have indicated plans to meet further.
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Strategic Plan:
Foster Continual Economic Growth and Vitality
4.3 Catalyze redevelopment through planning and regulatory programs
Deliver First Class Services to the Public and our Customers
5.2 Be responsible stewards of the public’s resources
Summary:
Summary
The subject site consists of a 2.3-acre vacant parcel. The property is designated Institutional (I) on the Future Land Use Map (FLUM), which allows up to 12.5 residential units per acre, and it is zoned R-A, which allows for single family detached residential homes and certain agricultural uses. The subject property was formerly part of the church property to the south that the church sold off in 2021. The applicant wishes to develop the site with a 29-unit townhome rental development.
A zoning amendment to R-5 is proposed, which provides design flexibility for infill redevelopment situations such as this. The proposed 29 residential units is the maximum allowed based on the Institutional FLUM category on 2.3 acres. Importantly, the development as proposed will also require a Type 2 use approval from the Board of Adjustment & Appeals (BAA) based on R-5 district requirements. What is ultimately built will also be subject to the site plan review process and permitting.
The subject property is within a predominately medium-density residential area along this portion of the Starkey Road corridor, transitioning to lower density residential to the west off the main corridor. The site is adjacent to a 42-unit townhome subdivision on the north, single-family homes to the east across Starkey Road, a church/preschool on the south, and a single-family home on the west.
Staff is of the opinion that the proposed Zoning Atlas amendment is appropriate for the subject property. The R-5 zoning will provide for enhanced flexibility for creative site development at a density that is compatible with much of the surrounding area and development pattern. The subject property is located along a four (4)-lane divided arterial roadway with uses in the immediate vicinity that are similar to what is being proposed. The maximum allowable residential density, which is based on the FLUM, is not increasing, therefore additional impacts to infrastructure are not anticipated. In general, the proposal is consistent with the County Comprehensive Plan and is appropriate for this location.
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Background Information:
The LPA unanimously recommended approval of the request during its January 13, 2022 public hearing (Vote 4-0).
Surrounding property owners within 500 feet of the subject site were notified by mail. A sign advertising the public hearings was posted on the subject site.
Fiscal Impact:
N/A
Staff Member Responsible:
Carol Stricklin, Director, Housing and Community Development
Partners:
N/A
Attachments:
LPA Report
Maps
Resolution
Correspondence
Concept Plan
Boundary Survey
Public Notification Map
Power Point Presentation
Legal Ad
Legal Ad Map