The proposed project goes against Brentwood’s Municipal Code, General Plan, Zoning and Land Use designations.
When homeowners purchase a house in Deer Ridge or Shadow Lakes, they can look to the codes and general plan to know what can be built next to them and in the community and they will see that Deer Ridge and Shadow Lakes are very low density residential communities with open spaces/golf courses.
Likewise, when SunCoast purchased Deer Ridge Golf Club and Shadow Lakes Golf Club, they also knew the land use limitations. They knew that the golf courses would revert to open space, if the land was not operated as a golf course. They knew they could not build residential housing on the open spaces/golf courses.
Now they are trying to change the land use so they can make a big profit and take away the land use protection that Deer Ridge and Shadow Lakes residents thought they had when they purchased their home.
Zoning Ordinance (Municipal Code Title 17)
The Municipal Code contains laws that are enacted and enforced by the city government. It covers all aspects of City regulations, including zoning. Planned development zoning regulations can be found in the Municipal Code Title 17 Article VIII.
Per the Existing Conditions Report, “The Zoning Ordinance is adopted to protect and promote the public health, safety, comfort, convenience, prosperity, and general welfare of residents, and businesses in the city. … C. To protect each area and neighborhood of the community from the intrusion of incompatible uses…”
Shadow Lakes and Deer Ridge were both zoned under Planned Development Zone (PD) which “allows creative designs not associated with straight zoning districts.” Shadow Lakes is PD-18 and Deer Ridge is PD-20 per the Zoning map. The boundaries of these Planned Developments include the golf courses. See the Shadow Lakes map and the Deer Ridge map.
The below excerpts from Brentwood’s Zoning Ordinance directly prohibit the proposed development.
Shadow Lakes (PD-18) 17.468.005 Other regulations
3. “c. All property approved as a golf course shall remain as open space, until such time as a golf course is deemed necessary for implementation. At no time shall any residential development occupy that area designated as a golf course except as that area described as a 1.64 acre Parcel “D,” created by MS 10-002, located east of West Country Club Drive and south of Lakeview Drive.”
Deer Ridge (PD-20) 17.470.005 Density, lot area, yards, height, special provisions and other regulations for development—Development plan required.
3. “c. All property described on the development plan and related exhibits as a golf course shall remain as open space, until such time as a golf course is deemed necessary for implementation. At no such time shall any residential development occur within that area designated as a golf course”
The current Land Use Map separates the residential units from the golf courses and specifies a land-use of Residential-Very Low Density (R-VLD) for the residential units and Semi-Public Facility (SPF) for the golf courses.
The Land Use Alternatives Report details how and why the Land Use Map changed during the 2014 General Plan update. The golf courses were updated from R-VLD to SPF. This was done “in order to increase the usefulness of the map”.
It is important to note that the residential units in Shadow Lakes and Deer Ridge are not independent of the respective open space/golf course. It is “cluster-style development designed with open space and other amenities.” As such, the R-VLD land use designation might be the better designation.
General Plan “The R-VLD designation provides for fairly large lots for single family residences in an identifiable, suburban residential neighborhood, or cluster-style development designed with open space and other amenities. …. The permitted density range is 1.1 to 3.0 units per gross acre, with a mid-range of 2.0 units per gross acre.”
General Plan “Planned Development (PD) – The PD designation identifies areas where a master planned project has been approved and entitled, and site specific zoning has been established. The PD land use designation defaults to the zoning that is in place for the subject parcel.”
The laws in Brentwood’s Municipal Code can change; however, the code also specifies procedures and findings necessary in order for rezones to be granted. The current text of 17.450.007 Findings for approval is:
Rezoning for a PD zone shall only be granted when the city can make the following findings:
A. That the proposed development will clearly result in a more desirable use of land, and a better physical environment than would be possible under any single or combination of zones;
B. That the PD zone proposed is on property which has a suitable relationship to one or more thoroughfares; and that such thoroughfares are adequate to carry any traffic generated by the development;
C. That the plan for the proposed development presents a unified and organized arrangement of buildings and service facilities which are appropriate in relation to adjacent or nearby properties and that adequate landscaping and/or screening is included if necessary to insure compatibility;
D. That the natural and scenic qualities of the site are protected, with adequate available public and private open spaces designated on the development plan;
E. That the development of the subject property, in the manner proposed by the applicant, will not be detrimental to the public welfare, will be in the best interests of the city and will be in keeping with the general intent and spirit of the zoning ordinance and with the city’s community development plan, including all relevant elements thereof, and with any applicable specific plan adopted by the city. (Ord. 857 § 2, 2008)
The rezone application does not satisfy any of the above criteria.
Overview “The City of Brentwood General Plan (General Plan) identifies the community’s vision for the future and provides a framework that will guide decisions on growth, development, and conservation of open space and resources in a manner that is consistent with the quality of life desired by the city’s residents and businesses.”
Goal LU 2 “Establish and maintain residential neighborhoods as safe and attractive places to live with convenient access to commercial
services, recreational facilities, employment opportunities, public services, and other destinations”
Policy LU 2-3: “Where appropriate, encourage clustered development and the
clustering of housing so that larger areas of open space may be
permanently preserved. Clustered development may provide flexibility
in site design and layout to allow for smaller lot sizes, but shall not
allow a project to exceed the gross density ranges established under
Policy LU 1-2.”
Shadow Lakes and Deer Ridge seem to have been created with the heart of LU 2-3 in mind. The emphasis should be on “permanently preserved”.
Action LU 2a: “Utilize density transitions in order to protect the integrity of existing land use patterns and minimize the impacts on existing uses and residents.”
Policy LU 6-2 “Maintain the character of existing neighborhoods by ensuring new development is compatible in style, size, color, and footprint with the existing residences in the neighborhood.”