2001-03 REZONING PROPERTY - PORTION OF TIMBERLAKE

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Excerpts from Plan Commission Minutes of January 4, 2001 Cal. No. 01-01 Petition of PAUL HOPKINS, 5031 Swashbuckler Lane, to rezone the premises at 5400 TIlVIBERLAKE DRIVE from R-3 Single Family Residence District to R-5 Multiple Dwelling District. Mr. Bragg provided the staffreport and presented the recommendation of staff: The petitioner is requesting the rezoning of a 4.9 acre tract containing 10 single family lots to allow duplex or condominium-style development within the Timberlake Subdivision. A petition to rezone ten lots west of this site to R-5 was approved by the City Council in March, 2000. The property is bordered by low-density residential development to the north and west, with agricultural uses present to the east and south of the property. The proposed rezoning would allow a total of 20 dwelling units on 10 acres within the subdivision, or a density of one unit per half-acre. This density is equal to the density allowed in the R-1, Single Family Residence District, and a lower density than is currently pernutted in surrounding residential areas. The petitioner has not proposed any changes in the lot layout within the subdivision. It is the opinion of staffthat the proposed duplex-style development would be compatible with surrounding residential uses and would preserve low-density development in the area. Staff recommends approval of the petition subject to review and approval of the revised Owner's Declaration reflecting condominium designation(s) for the subject lots. Mr. Schiller asked about the condominium designation. Mr. Bragg stated that a duplex would apply to two one-owner units and that one lot with two units requires a condominium designation. Mr. Clevenger asked if the deeds state how close the property is to the airport. Mr. Cochran, Consulting Engineer, stated that in the Owners Declaration there is a paragraph stating the pro�mity to the airport and references the noise which puts the buyer on notice. A copy of the declaration is provided when the lot is purchased. Mr. Phillip Cochran, Consulting Engineer, was present and spoke for the petition representing Mr. Paul Hopkins. Mr. Hopkins was also present. Mr. Cochran stated that in March of 2000 a petition was presented and approved for the development of eight lots. The petition presented today is to expand that development. Mr. Cochran stated that the private street is suitable for condominium development. There will be shared costs of the common areas. There were no objectors present. It was moved and seconded (John/Jacobs) to forward Cal. No. 01-01 to City Council with recommendation for approval. Motion carried unanimously.