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HomeMy WebLinkAboutTC Ord 1994-07-20 , ORDINANCE NO. 404 N.S. , AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF TIBURON REZONING CERTAIN PROPERlY FROM RPD (RESIDENTIAL PLANNED DEVEWPMENT) ZONE TO RMP (RESIDENTIAL MULTIPLE PLANNED) ZONE ASSESSOR PARCEL NOS. 34-351-11 & 12 The Town Council of the .Town of Tiburon does ordain as follows: SECTION 1. FINDINGS. The Town has received and considered an application filed by Ecumenical Association for Housing for a Rezoning of the Cecilia Place Senior Housing Development Site. A. REZONING The proposed project site is currently zoned RPD (Residential Planned Development). This zoning district is intended to protect and preserve , natural resources and limit residential development to detached single family dwellings. The density is to be established by Master Plan and Precise Plan approval. In 1988 a Master Plan and Development Agreement for the site was adopted. The plan permitted 4 single family homes or an undetermined number of senior housing units. The RPD zoning is consistent and appropriate for development of the 4 single family residential units. However, the proposed project seeks approval for the senior housing development option permitted in the original Master Plan. Therefore, application for rezoning of the property is necessary. After careful review of the zoning code staff has determined that the subject property must be rezoned to RMP (Residential Multiple Planned) zone to permit the development. This zoning district permits multi-family attached dwelling units consistent with the project proposal and with one of the development options approved by Master Plan and Highlands Development Agreement adopted in 1988. B. NEIGHBORHOOD CONSISTENCY The proposed project is consistent with development in the surrounding neighborhood. This can be confirmed as follows. In November 1993 the L Town Planning staff presented a detailed analysis of the surrounding Town of Tiburon Ordinance No. 404 N,S. ' July 20, 1994 1 .-- density in the Bel Aire neighborhood to the Town Council. This analysis also addressed the size and number of units that would be appropriated I for the project site given a development plan for senior housing. The staff found that the Bel Aire neighborhood density is about 5.45 units/acre. The project site is 2.94 acres and could yield 16 units to be consistent with the Bel Aire neighborhood. The staff also found that given the original size of Bel Aire homes (1,200 SF with garage) the senior complex could average a 960 SF per unit and be compatible with the Bel Aire neighborhood development patterns. The project proposal includes a unit size range between 580 SF to 750 SF which is well below the average. Moreover, property to the south and directly adjacent to the site is zoned for and developed with attached for rent multi-family housing. C. GENERAL PLAN CONSISTENCY Based on the above analysis, the Town Council finds that the proposed rezoning of the property from RPD to RMP is consistent with the General Plan, Zoning Ordinance, approved Master Plan and Highlands Development Agreement. The rezoning will also permit development compatible with the surrounding density, scale and surrounding land use. I SECTION2. AMENDMENT. The Cecilia Place Senior Housing Development site (ASSESSORS PARCEL # 34-351-11 & 12) is hereby rezoned from RPD (Residential Planned Development) to RMP (Residential Multiple Planned) zone. However, if the Precise Development Plan approval for the Cecilia Place Senior Housing Development expires, the zoning shall revert to RPD pursuant to Section 4.08.05 of the Zoning Ordinance. SECTION 3. SEVERABILIlY. If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of a court of competent jurisdiction, such section, subsection, sentence, clause or phrase shall be deemed severable and shall not affect the validity of the remaining portions of the Ordinance. The Town Council of the Town of Tiburon hereby declares that it would have passed this Ordinance, any section, subsection, sentence, clause or phrase thereof, irrespective of the fact that anyone or more other sections, subsections, sentences, clauscs or phrases may be declared invalid or unconstitutional. L. Town of Tiburon Ordinance No. 404 N.S. July 20, 1994 2 r SEcrION 4. EFFECfIVE DATE. , This Ordinance is to take effect and be in force at the expiration of thirty (30) days from and after its passage, and before the expiration of fifteen (15) days after its passage, the same, or its legally required equivalent, shall be published with the names of the members voting for and against the same at least once in a newspaper of general circulation published in the Town of . Tiburon. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon on July 20, 1994, by the following vote: AYES: COUNCILMEMBERS: Ginalski, Nygren, Thayer, Thompson & Wolf NOES: COUNCILMEMBERS: None I N NYGREN, R TOWN OF TIBUR ATTEST: \scott\rezene.ord L Town of Tiburon Ordinance No. 404 N.S. July 20, 1994 3