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DATE:
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10/28/2014 7:00:00 PM |
| CASE NUMBER AND TITLE: |
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14.068Z
Zoning Map Amendment – Tract A, Moonshiner Estates II, Phase I |
| APPLICANT/OWNER: |
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Curt Betcher, Moonshiner Development, LLC
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| AGENT: |
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Doyle Surveying, Inc.
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| CASE SUMMARY: |
| The owners are seeking approval of a Zoning Map Amendment in order to re-zone several parcels of land for future incorporation into adjacent lots and for estate planning purposes. |
| CASE BACKGROUND: |
The vacant property is located east of Moonshiner Lane and west of Skyline Drive and is part of Moonshiner Estates II, Phase I. The plat was recorded in 2004 and established Tract A. At the time, the developers proposed a private conservation easement for Tract A which would keep the land as open space. Due to the inability to find a non-profit organization to accept the land, the owners are now attempting to incorporate some of the land into the adjacent lots. In order to propose a subdivision to incorporate the land into other lots, the zoning designation needs to be consistent. The goal of this re-zoning request is to make the zoning consistent across the existing lots and the land area to be included into the existing lots. There is no development planned with the re-zoning request and there will be no new commercial or residential development as stated by the applicant. The applicant intends to place restrictions on the property limiting the use to accessory structures and open space only.
The applicant has approached the City Council about gifting the 9.36 acre triangular shaped property to the City. This parcel is requested to be re-zoned to C-1, General Commercial District because it is adjacent to the existing C-1, General Commercial District property that fronts along Skyline Drive. If the City and the applicant are to come to terms on the land donation, the City prefers the land to be zoned A, Agricultural District. There are also three (3) parcels that are proposed as R-1, Single Family Residential District from R-R, Rural Residential District and one (1) parcel proposed as R-S, Suburban Residential District from R-R, Rural Residential District. If the re-zoning request is approved, the applicant will be required to submit a subdivision plat to enlarge the existing lots.
An amendment to the Zoning Map shall not take place unless at least one (1) of two (2) criteria exists as set forth in Section 12 of the City of Gillette Zoning Ordinance.
a. The Zoning Map may be amended when there is a need to correct an obvious error. In this case there is no obvious error.
b. The Zoning Map may be amended to recognize changing conditions within the City. This request does recognize changing conditions as the conservation easement was not completed as planned. In order to enlarge the existing lots in the area, the re-zoning is necessary as the City does not allow one (1) parcel with two (2) different zoning designations.
Section 12 of the City of Gillette Zoning Ordinance also provides for a minimum size land area of ten (10) acres for the R-S, Suburban Residential District and the R-1, Single Family Residential District. In addition there is a minimum size area of four (4) acres for a C-1, General Commercial District. This request meets the minimum size requirements for all of the proposed zoning districts by connecting to similarly zoned land in the City. There is also land to the north that is zoned A, Agricultural District in the County. |
| CASE REQUIREMENTS: |
1. The City would require the parcel to be zoned A, Agricultural District if the owners and the City agree on the terms of the land donation.
2. A subdivision plat covering the land area to be re-zoned shall be submitted, approved, and recorded prior to the re-zoning request taking effect. The plat shall contain a note that specifies the use of the property.
3. The re-zoning request shall be approved by City Council with an Ordinance prior to taking effect. |
| STAFF RECOMMENDATION: |
| Staff recommends approval of the re-zoning request for property legally described as Tract A, Moonshiner Estates II, Phase I, as shown on the Exhibit “A” Map, Subject to all Planning Requirements. |
| CASE MANAGER: |
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Staci Bungard, Planner
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| TENTATIVE CITY COUNCIL DATE: |
| This case is tentatively scheduled for a Public Hearing and First Reading by City Council on November 4, 2014 in the City Council Chambers at 7:00 p.m. |
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