HomeMy WebLinkAboutStaff Report STAFF REPORT
Project Manager: Crissy Hart!, Staff Planner Report Date: May 24, 2007
Email: chartl@cstx.gov Meeting Date: June 7, 2007
Project Number: 07-00500100
Item: Public hearing, presentation, possible action, and discussion on a rezoning from R-1
Single Family Residential to A-O Agricultural Open for 1 lot on 4.47 acres located at 450 Earl
Rudder Freeway South, generally located north of University Drive on southbound Earl Rudder
Freeway South at the city limit.
Applicant: Veronica Morgan, Mitchell & Morgan, LLP
Staff Recommendations: Staff recommends approval of the rezoning as submitted.
Item Summary: The applicant would like to have the subject property rezoned to A-O
Agricultural-Open in order to comply with the Comprehensive Plan.
A rezoning for the subject property and the tract to the south was presented to the Planning &
Zoning Commission on November 3, 2005 and approved by the City Council on November 22,
2005 to rezone a portion of the property from R-1 Single Family Residential to C-1 General
Commercial. The subject property that would remain R-1 Single-Family Residential was and is
currently designated as Floodplain & Streams on the Comprehensive Land Use Plan. At that
time, the portion now zoned C-1 and the subject property were one tract of land. Typically,
when land reflected as Floodplain & Streams on the Land Use Plan is a part of a rezoning, staff
recommends that the floodplains be zoned A-O Agricultural-Open, the least intense zoning
district. However, staff recommended that the portion reflected as Floodplain & Streams remain
R-1 Single Family Residential because it did not meet the minimum lot size requirement of 5
acres that the A-O Agricultural-Open district requires. Since that time, staff has instituted a
change in policy that allows Floodplain & Streams portions to be rezoned to A-O Agricultural-
Open regardless of size in order to provide the most protection to such areas.
Comprehensive Plan Considerations: The subject property is classified as Floodplain &
Streams on the Land Use Plan and Earl Rudder Freeway is designated as a Freeway/Highway
on the Thoroughfare Plan. This area is not shown as a priority area on the Greenways Master
Plan. The rezoning request to A-O Agricultural-Open complies with the Comprehensive Plan.
Item Background: The subject property was annexed in 1971 and subsequently zoned R-1
Single Family Residential. On November 22, 2005, the City Council voted to approve a
rezoning for the tract to the south to C-1 General Commercial and leave the subject property as
R-1 Single Family Residential. The commercial tract has received site plan approval for
National Tire & Battery. A final plat for the subject property was approved by the Commission
on August 17, 2006.
Related Advisory Board Recommendations: None.
Commission Action Options: The Commission acts as a recommending body on the question
of rezoning, which will be ultimately decided by City Council. The Commission options are:
1. Recommend approval of rezoning as submitted;
2. Recommend denial;
3. Table indefinitely; or,
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4. Defer action to a specified date.
INFRASTRUCTURE AND FACILITIES
Water: A 12" water line is in close proximity to the property.
Sewer: A sewer main exists along the property boundary.
Streets: SH 6 (Earl Rudder Freeway) is classified as a Freeway on the City's
Thoroughfare Plan.
Off-site Easements: None are known to be necessary at this time.
Drainage: Drainage is to Burton Creek to the north.
Floodplain: The entire parcel is within the Special Flood Hazard Area.
Oversize request: None
Impact Fees: None
NOTIFICATION:
Legal Notice Publication(s): The Eagle; 5-21-07 and 6-11-07
Advertised Commission Hearing Dates(s): 6-7-07
Advertised Council Hearing Dates: 6-28-07
Number of Notices Mailed to Property Owners Within 200': 9
Response Received: None as of date of staff report
Supporting Materials:
1. Small Area Map (SAM) and Aerial Map
2. Application
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