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Home My WebLink AboutAP200900007 Presentation 2010-08-03AP 2009 -007 REDFIELDS OPEN SPACE —Use versus ownership /Control Board of Zoning Appeals August 3, 2010 5 11LL'- ILL <[\ALL� Z-A� - L 3 NI Zoning Administrator determined that the subject property is open space and not common open space. Open space is a land use designation. Common open space includes a restriction on ownership /control of the property. Because the subject property is not required common open space, it may be sold to a private party without granting control to Redfields residents. Issue Both the County and the Appellants agree that the subject property is limited to Open Space Use and may not be developed without rezoning. ► The Appellants contend that the property is subject to Ownership /Control by the Redfields Community Association. • s Open Space is undeveloped land: In development of higher densities (such as with smaller lots), the requirement of common open space is to provide open area for recreational and other community purposes. Creating these "neighborhood parks" helps offset the demands on the County park system. *In some cases, property is designated as open space, because it is expected to remain undeveloped unless and until further rezoning action allows other uses of the property. Subject Property Tax Map 76R, Parcel E4 consisting of 13.128 acres and Parcel 1 consisting of 45.3429 acres. Collectively, they will be referred to as the "subject property." Both parcels are designated as open space land use in the Redfields Planned Residential Development Application Plan. SUBJECT LPROPERTY }1'1111 r 0 I I Lii0ti�1�4 #i' Feei 0 20D 400 1 SUBJECT OPEN SPACE EXHIBIT PROPERTY E� "A Ff�AN�VED RESIDENTIAL COMMUNITY " .rtar1� agar 'v, v�osrst sru r -ate �Q�TH PH. 4-A PH. 5 PH 3,B PH i -B PH 2 -B . ' PH. 3-A 8 PH 2-A wrr Or APPWWED 2W 09-16 MO LEM 27 LM RV -0 GE ^ 27 LEES 5A LOTS PFME 2-Z 5Y LEN 20 LM RIZE i-A 29 lFS 81 ILT9 —E 3-9 91 LF� .1 ILT9 AWE A-0. L$ 60 11115 RY6E A-9 60 REIWNNG LLN3 21� PH ? uff 1� PH. 4-B Note in gray PH shading: Dedicated Comm Open Space ur PH 2 -C RMPARMBY• LAM MvLIK=.1 A.&VM ,=EAffMMZ71MMF 0HAWMrBW71114 YAK food MEET i OF2 KEY ISSUE: Open Space vs. Common Open Spa%rw:(.101! Based on the Zoning Ordinance definitions (Section 3.1 as listed below), only common open space is subject to the ownership or control restrictions of Section 4.7d. Open Space: Land or water left in undisturbed natural condition and unoccupied by building lots, structures, streets, or parking lots except as otherwise specifically provided in section 4.7. The subject property meets this use requirement. Common Open Space: An open tract or parcel of land not devoted to residential uses or structures but directly related and adjunct to a cluster development or planned development, as herein provided, and owned and /or controlled by the residents of such development. See "Open Space". (underline and bold emphasis added) I)pace Dedication of Land Planned Residential Developments are required to establish a minimum of 25% common open space. Section 19.6.1 states: "Not less than twenty -five (25) percent of the area devoted to residential use within any PRD shall be in common open space except as hereinafter expressly provided. " *:*Redfields proffer increased the common open space to 30%. Proffer #6 of ZMA 2001 -01 states in relevant part: "The 30% open space established under ZMA 89 -18, as amended by subsequent rezoning actions shall remain in effect for the entire Redfields PRD. " Zoning Determination -this property must remain undeveloped & is not subject to control /ownership restrictions The 30% common open space requirement (Redfields proffer) has been met without dedication of the subject property. The common open space parcels have previously been dedicated to the Redfields Community Association (see exhibit). Zoning Determination -this property must remain undeveloped & is not subject to control /ownership restrictions The historic public record clearly reflects that this property is similar to a "residue" from the development and may be the subject of future rezoning action. Original rezoning discussion (ZMA 89 -18 then called phase 6) clarifies that the subject property is not required to be dedicated but could be subject to future rezoning action. Zoning Determination -this property must remain undeveloped & is not subject to control/ownership restrictions (Subject property later referred to as phase 5.) ZMA 98 -08 Redfields -When asked at the BOS mtg, staff says that Phase 5 is presently open space that was left to the future and not necessary for density reasons (i.e., not required common open space). Conclusion Because the subject property is not common open space, it may be sold to a private party without granting control to Redfields residents. It may not be developed or used for anything other than open space uses, without approval of a rezoning. We ask the Board to uphold the determination of the Zoning Administrator. Ownership 1 Control Restrictions of Common Open Space The ownership /control restriction of Section 4.7.d only applies to common open space (per the definitional distinction). This section states: "Ownership of open space. Open space may be privately owned or dedicated to public use. Open space in private ownership shall be subject to a legal instrument ensuring the maintenance and preservation of the open space that is approved by the agent and the county attorney in conjunction with the approval of the subdivision plat or site plan..." Open Space vs. Common Oioen space Based on the Zoning Ordinance definitions (Section 3.1 as listed below), only common open space is subject to the ownership or control restrictions of Section 4.7d. Common Open Space: An open tract or parcel of land not devoted to residential uses or structures but directly related and adjunct to a cluster development or planned development, as herein provided, and owned and /or controlled by the residents of such development. See "Open Space ". (underline and bold emphasis added) Open Space: Land or water left in undisturbed natural condition and unoccupied by building lots, structures, streets, or parking lots except as otherwise specifically provided in section 4.7.