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May 8, 2008
Regular Agenda Item 6
Rezoning for 2818 Place
To: Glenn Brown, City Manager
From: Bob Cowell, AICP, Director of Planning & Development Services
Agenda Caption: Public hearing, presentation, possible action and discussion on a
rezoning from A-O Agricultural Open and R-4 Multi-Family to A-O Agricultural Open and R-4
Multi-Family to readjust zoning boundaries based on FEMA floodplain lines, with no net gain
in developable area, for 12.93 acres located at 1300 Harvey Mitchell Parkway, generally
located southeast of the intersection of Harvey Mitchell Parkway and Jones Butler Road.
Recommendation (s): The Planning and Zoning Commission unanimously recommended
approval of the rezoning. Staff recommended approval of this rezoning request because it
further protects existing floodplain from development and because there is no net change in
developable area.
Summary: The subject request was analyzed for compliance with the review criteria for a
rezoning as stated in the Unified Development Ordinance as follows:
REVIEW CRITERIA
1. Consistency with the Comprehensive Plan: The request is consistent with the
Comprehensive Plan, which designates this property as Residential Attached and
Floodplains & Streams. The proposed amendment alters the A-O and R-4 zoning lines to
conform to the FEMA 100-year floodplain line, with no net gain of developable area. A
Letter of Map Revision (LOMR), altering the floodplain location, was accepted by FEMA in
2007.
2. Compatibility with the present zoning and conforming uses of nearby property
and with the character of the neighborhood: The existing A-O and R-4 zonings
were found to be compatible with the existing uses and zoning of nearby properties with
the initial rezoning of the subject property in 2006.
3. Suitability of the property affected by the amendment for uses permitted by the
district that would be made applicable by the proposed amendment: The
permitted uses will not change with the proposed amendment, however the areas that
can be developed for multi-family and the areas that must remain undeveloped would be
altered slightly. The result is that no development would be permitted to occur in the
floodplain. There is no net gain in developable area proposed.
4. Suitability of the property affected by the amendment for uses permitted by the
district applicable to the property at the time of the proposed amendment: The
permitted uses will not change with the proposed amendment.
5. Marketability of the property affected by the amendment for uses permitted by
the district applicable to the property at the time of the proposed amendment:
The permitted uses will not change with the proposed amendment. Since there is no net
difference in the amount of developable land, it is unlikely that the marketability will be
affected.
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6. Availability of water, wastewater, stormwater, and transportation facilities
generally suitable and adequate for the proposed use: Infrastructure for the site
is available and adequate. Since the permitted uses will not change, the need for
infrastructure will not change. The proposed amendment will limit development of the
floodplain, reserving this area for natural stormwater management.
Budget & Financial Summary: N/A
Attachments:
1. Small Area Map (SAM) and Aerial
2. Background Information
3. Draft Planning and Zoning Commission Minutes, April 17, 2008
4. Ordinance
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