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Hearings Official Public Hearing Exhibit HE #6
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Hearings Official Public Hearing Exhibit HE #6
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Last modified
8/31/2015 4:04:45 PM
Creation date
8/28/2015 2:48:40 PM
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Template:
PDD_Planning_Development
File Type
Z
File Year
15
File Sequence Number
5
Application Name
LAUREL RIDGE
Document Type
Hearings Official Public Hearing
Document_Date
8/26/2015
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Yes
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Residential. While the opponents' concerns may affect the applicant's future development plans, <br />they do not provide a basis for denying the proposed zone change. <br />SR Overlay <br />As discussed earlier, the applicant also requests that the portion of the property on the <br />west side of Delta Waters Highway be rezoned from R-1 Low-Density Residential/SR Site Review <br />Overlay to R-1 Low-Density Residential without the SR overlay. In other words, the applicant seeks <br />to remove the SR overlay. <br />A brief history of the SR overlay for the subject property is helpful in understanding the <br />issue. In 1988, the owners of the property applied for a zone change to allow them to <br />subsequently apply for a conditional use permit for a golf course. The April 13, 1988 staff report <br />recommended approval, but also recommended application of an SR overlay to ensure: "Due <br />consideration to the preservation of attractive and distinctive historical and natural features." The <br />City approved the zone change and applied the SR overlay. The owners subsequently obtained <br />conditional use approval for a golf course and driving range in 1988 after obtaining Site Review <br />approval. The Site Review approval explained that the SR overlay was originally applied to ensure <br />consideration of the Ayres homestead improvements on the property, which included an early <br />1900s house, smaller cottage, smokehouse, greenhouse, pump house, and stand of mature trees <br />around the homestead. The 1988 decision noted that since the SR overlay had been approved, the <br />City's Historic Preservation Specialist had fully documented the improvements, and no historic <br />designations were applied. The applicant explains that under the zoning code in effect in 1988, the <br />SR overlay was used to ensure that special consideration would be given to particular features of a <br />site or the surrounding neighborhood. In the present case, the SR overlay was to ensure <br />consideration of the historical features associated with the Ayres homestead. <br />The applicant makes two arguments in favor of removing the SR overlay: (1) if the initial <br />decision whether to apply an SR overlay were to be made today, the overlay would not be <br />imposed, and (2) removing the SR overlay is consistent with the zone change approval criteria. As <br />the applicant explains, if the imposition of an SR overlay were being considered for the first time <br />today, there would be no reason to impose the overlay. In the present case, the SR overlay was <br />imposed to give the City time to give due consideration to the historical features associated with <br />the Ayres homestead. The City subsequently did give due consideration to the Ayres historical <br />features. The City's Historic Preservation Specialist fully documented the historical features, but <br />declined to apply any historic designations. The purpose of the SR overlay was to give the City an <br />opportunity to review the historical features, and the City subsequently reviewed those features. <br />At that point, the entire purpose of the SR overlay had been fulfilled. I agree with the applicant <br />that there is nothing in the R-1 Low-Density Residential zoning requirements that would <br />necessitate an SR overlay on the property. Additionally, EC 9.4410 provides when SR overlays <br />apply: <br />Hearings Official Decision (Z 13-5) Page 8 <br />
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