TO: Mayor and Members of City Council
THRU: Kelly Olivera - Assistant City Manager
Dr. Gerald Newton, AICP - Development Services Director
FROM: Will Deaton, AICP - Planning & Zoning Division Manager
Heather Eckhardt, CZO - Planner II
DATE: November 27, 2023
RE:
Title
P23-41. Rezoning from Single Family Residential 6 (SF-6) to Mixed Residential 5 (MR-5) located at 6677, 6655 Cliffdale Road and an unaddressed parcel on Cliffdale Road (REIDs 9497861260000, 9497863078000, and 9497862193000) totaling 2.8 acres ± and being the property of Juan & Denise Macias and JFC LLC, represented by George M. Rose, P.E
end
COUNCIL DISTRICT(S):
Council District(s)
7 - Brenda McNair
b
Relationship To Strategic Plan:
Strategic Operating Plan FY 2022
Goals 2027
Goal II: Responsive City Government Supporting a Diverse and Viable Economy
• Objective 2.1 - To ensure a diverse City tax base
Goal III: City invested in Today and Tomorrow
• Objective 3.2 - To manage the City's future growth and strategic land use.
Goal IV: Desirable Place to Live, Work, and Recreate
• Objective 4.5 - To ensure a place for people to live in great neighborhoods
Goal VI: Collaborative Citizen and Business Engagement
• Objective 6.1 - To ensure collaborative relationships with the business community, local governments, military, and stakeholders
Executive Summary:
The applicant is seeking to rezone three parcels from Single Family Residential 6 (SF-6) to Mixed Residential 5 (MR-5). The three parcels total 2.8 acres.
The Zoning Commission held a legislative hearing on October 10, 2023, and voted unanimously to recommend approval of the rezoning request. There was one speaker in favor and no speakers in opposition.
Background:
Applicant: George Rose, P.E.
Owner: JFC LLC and Juan & Denise Macias
Requested Action: SF-6 to MR-5
REID #: 9497861260000, 9497862193000 & 9497863078000
Council District: 7 - Brenda McNair
Status of Properties: Undeveloped
Size: 2.8 acres
Adjoining Land Use & Zoning:
• North: MR -5 - Multi-family dwellings
• South: MR-5 - Multi-family dwellings
• East: MR-5 - Multi-family dwellings
• West: MR-5 - Multi-family dwellings
Annual Average Daily Traffic: Cliffdale Road near Bunce Road: 38,000 (2021)
Letters Mailed: 32
Land Use Plans:
With the adoption of the 2040 Comprehensive Plan: Future Land Use Map & Plan on May 26, 2020, all properties within the city limits as well as properties identified as being in the Municipal Influence Area (MIA) are subject to this plan.
According to the Plan, it is recommended that this portion of the city should be developed as High Density Residential (HDR). High Density Residential entails 3-5 story buildings with typically 5-16 dwellings per acre located in active, compact neighborhoods walkable to adjacent commercial centers.
Issues/Analysis:
History:
The subject property was annexed into the city in 1996. There were single-family houses on 6655 and 6677 Cliffdale Road until the early 2000s. Since the demolition of the structures, the properties have remained undeveloped. Aerial photography does not indicate any structures on the unaddressed parcel as far back as 1968.
Surrounding Area:
The area around the subject properties is primarily multi-family dwelling developments. The Hidden Creek Village Apartments development completely surrounds the subject properties to the east, west, and south. To the northeast of the subject properties, there is one undeveloped and wooded parcel. To the east, at the corner of Cliffdale Road and Bunce Road, there is a 365 Fast Mart convenience store.
Rezoning Request:
Land within the City is generally classified by the Unified Development Ordinance (UDO) to be within one of many base zoning districts. Land may be reclassified to one of several comparable zoning districts in accordance with Section 30-2.C.
The applicant is requesting to rezone three parcels currently zoned Single Family Residential 6 (SF-6) to Mixed Residential 5 (MR-5). The Mixed Residential 5 zoning district is intended to meet the diverse housing needs of City residents by accommodating a wide variety of residential housing types and arrangements at moderate to high densities, including single-family detached dwellings, two-to-four family dwellings and multi-family dwellings.
Straight Zoning:
The request is for a straight zoning from Single Family Residential 6 (SF-6) to Mixed Residential 5 (MR-5).
The Mixed Residential 5 (MR-5) district is established and intended to meet the diverse housing needs of City residents by accommodating a wide variety of residential housing types and arrangements at moderate to high densities, including single-family detached dwellings, two- to four-family dwellings, multi-family dwellings, and other residential development that may include single-family attached dwellings, and zero lot line development subject to the requirements of the Ordinance.
The reclassification of land to a base zoning district without conditions allows all of the uses that are shown on the attached Use Table taken from the UDO. The Zoning Commission may not consider conditions or restrictions on the range of allowable uses, use standards, development intensities, development standards, and other applicable regulations.
Land Use Plan Analysis:
According to the Future Land Use Map & Plan, it is recommended that this portion of the city should be developed as High Density Residential. High Density Residential calls for townhomes and apartments in 3-5 story buildings with some very small single-family lots possible, typically with 5-16 dwellings per acre.
Consistency and Reasonableness Statements:
The Future Land Use Plan also sets forth written goals, policies, and strategies. This application does follow the City’s strategic, compatible growth strategies and does meet the goals of the Land Use Plan found on the attached Consistency and Reasonableness form.
Conclusion:
The subject properties are located on a major thoroughfare surrounded by existing multi-family dwellings. This area of Cliffdale Road is intended for high-density residential development. The requested MR-5 zoning district is more in keeping with the planned High-Density Residential district than the existing SF-6 zoning district. This rezoning will better align the zoning with the Future Land Use Plan and allow for the development of much-needed housing.
Budget Impact:
There is not an immediate budgetary impact but there will be an economic impact associated with this rezoning that will occur due to taxes collected in the future.
Options:
1. Approval of the map amendment to MR-5 as presented based on the evidence submitted and finds that the rezoning is consistent with the Future Land Use Plan as demonstrated by the attached consistency and reasonableness statement (recommended).
2. Approval of the map amendment to a more restrictive zoning district based on the evidence submitted and finds that the map amendment would be consistent with the Future Land Use Plan and an amended consistency statement.
3. Deny the map amendment request based on the evidence submitted and find that the map amendment is inconsistent with the Future Land Use Plan.
Recommended Action:
The Zoning Commission and Professional Planning Staff recommend that the City Council move to APPROVE the map amendment to MR-5 based on the following.
• The proposed zoning map amendment implements the policies adopted in the Future Land Use Plan (FLUP), and those policies found in the Unified Development Ordinance (UDO). The Future Land Use Plan calls for the subject property to be developed as High Density Residential (HDR);
• The uses permitted by the proposed change in zoning district classification and standards apply to such uses are appropriate in the immediate area of the land to be reclassified due to the existing zoning and uses surrounding this property; and
• There are no other factors that will substantially affect public health, safety, morals, or general welfare.
Attachments:
1. Plan Application
2. Aerial Notification Map
3. Zoning Map
4. Land Use Plan Map
5. Subject Property
6. Surrounding Property Photos
7. Site Plan
8. Consistency and Reasonableness Statement
9. Powerpoint