TO: Mayor and Members of City Council
THRU: Kelly Olivera - Assistant City Manager
Dr. Gerald Newton, AICP - Development Services Director
FROM: Will Deaton, MPA, AICP, CFM, CZO - Planning & Zoning Manager
Heather Eckhardt, CZO - Planner II
DATE: August 12, 2024
RE:
Title
P24-30. Rezoning from Agricultural Residential (AR) to Single Family Residential 15 (SF-15) located at 0 Dundle Road (REID 9495269866000) totaling 0.45 acres ± and being the property of L J Bruton Living Trust.
end
COUNCIL DISTRICT(S):
Council District(s)
6 - Derrick Thompson
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
Executive Summary:
The applicant is seeking to rezone two lots from Single Family Residential 15 (SF-15) and Agricultural Residential (AR) to Single Family Residential 15 (SF-15).
On July 9, 2024, the Zoning Commission voted unanimously to recommend approval of the rezoning request.
Note: At the time of submittal, the request involved a single parcel “tied” across Summerlin Drive with a single parcel number. While the application was under review, the parcel was “untied” and recombined with separate parcels resulting in two split zoned parcels.
Background:
Owner: LJ Burton Living Trust
Applicant: Scott Brown of 4D Site Solutions, Inc
Requested Action: SF-15 & AR to SF-15
REID #: 9495275037000 & 9495264951000 (originally 9495269866000)
Council District: 6 - Derrick Thompson
Status of Property: Vacant
Size: 0.45 acres
Adjoining Land Use & Zoning:
• North: AR - Vacant land and single family houses
• South: AR - Single family houses
• East: AR - Cell tower and mobile home park
• West: SF-15 - Single family houses and vacant land
Annual Average Daily Traffic: Dundle Road: 5,400
Letters Mailed: 130
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 Low Density Residential. Low Density Residential calls for mainly single family residential with some accessory dwellings; occasionally with duplexes and townhouses interspersed.
Issues/Analysis:
History:
The subject property was annexed into the city in 2005 as part of the Phase 5 Annexation project and has been undeveloped since the late 1960’s.
Surrounding Area:
The surrounding area has a variety of residential uses - primarily single family houses and mobile home parks. The areas to the north and south are zoned Agricultural Residential and are mostly large parcels with single family houses. The area to the west is the Tarleton Plantation subdivision which is zoned Single Family Residential 15 (SF-15). A cell tower is located on the property to the east.
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.
Straight Zoning:
The request is for a rezoning from Agricultural Residential (AR) to Single Family Residential 15 (SF-15).
The Single-Family Residential 15 (SF-15) District is established principally single-family detached residential development at low densities.
The reclassification of land to a base zoning district without conditions allows all of the uses that are shown on the 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, this general area is recommended to be developed as Low Density Residential. Low Density Residential calls for mainly single family residential with some accessory dwellings; occasionally with duplexes and townhouses interspersed.
According to the 2040 Future Land Use Plan, this proposed development falls within Goal #1: Focus value and investment around infrastructure and strategic nodes and Goal #4: Foster safe, stable, and attractive neighborhoods.
Under the plan’s Land Use Policies and Strategic section, subsection Strategic Compatible Growth, this proposed rezoning falls under the following sections:
LUP 1: Encourage growth in areas well-served by infrastructure and urban services, including roads, utilities, parks, schools, police, fire, and emergency services.
• 1.6: Require adequate infrastructure to be in place prior to or in tandem with new development
• 1.7: Encourage a logical progression of housing development and discourage “leapfrog” development.
LUP 3: Encourage redevelopment along underutilized commercial strip corridors and reinvestment in distressed residential neighborhoods.
• 3.1: Examine and identify targeted redevelopment and infill areas throughout the city.
Consistency and Reasonableness Statements:
The Future Land Use Plan also sets forth written goals, policies, and strategies. This application follows 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 applicant has requested to rezone two lots to match the neighboring subdivision, Tarleton Plantation. This rezoning would allow for the two vacant lots to be developed in a manner that is in keeping with the surrounding area.
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 SF-15 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. Denial the map amendment request based on the evidence submitted and finds that the map amendment is inconsistent with the Future Land Use Plan.
Recommended Action:
The Zoning Commission and Professional Planning Staff recommends that the City Council APPROVE of the map amendment to SF-15 based on the following:
• The proposed zoning map amendment does implement the policies adopted in the Future Land Use Plan (FLUP), and those policies found in the Unified Development Ordinance (UDO).
• 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. Consistency and Reasonableness Statement
8. Powerpoint