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 Division Manager
Craig Harmon, CZO - Senior Planner
DATE: October 28, 2024
RE:
Title
P24-38. Rezoning from Single Family Residential 10 (SF-10) to Mixed Residential 5 (MR-5) located at 770 Ocarina Cir (0530203374000) totaling 7.10 acres ± and being the property of James E & Jane L Wood.
end
COUNCIL DISTRICT(S):
Council District(s)
3 - Mario Benavente
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 has requested to rezone 770 Ocarina Circle from Single Family Residential 10 (SF-10) to Mixed Residential 5 (MR-5). The property is located south of McArthur Road between Rosehill Road and Ramsey Street.
This request was reviewed by the Zoning Commission on September 10th, 2024. Following a public hearing with three speakers in favor and 15 speakers in opposition, the commission voted to recommend approval of the request (2-1). Most of the opposition’s concerns centered on their perception that increased development in this area would lead to traffic issues and increased crime.
Background:
Owner: Jane L. & James E. Wood
Applicant: George Rose, P.E.
Requested Action: SF-10 to MR-5
REID #: 0530203374000
Council District: 3 - Mario Benavente
Status of Property: Vacant and undeveloped
Size: 7.10 acres
Adjoining Land Use & Zoning:
• North: SF-10 - Single family houses
• South: SF-10 - Single family houses and vacant land
• East: MR-5 - Apartment complex (Crystal Lake Apartments)
• West: SF-10 - Single family houses and two quadplexes
Annual Average Daily Traffic: McArthur Road: 10,500
Letters Mailed: 82
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 Medium Density Residential. Medium Density Residential calls for primarily single-family residential neighborhoods with small lots and duplexes or townhomes interspersed. Low-rise apartments are possible.
Issues/Analysis:
History:
The subject property was annexed into the city in 2001. From the early 1980s until the early 2000s, there were multiple mobile homes and a single-family house on the subject property. The mobile homes were removed from the subject property by 2005. The single-family house was demolished between 2015 and 2017. The subject property has remained undeveloped and mostly wooded once all the structures were removed.
Surrounding Area:
The surrounding area has a variety of residential uses including single family houses, quadplexes, and apartments. Single family houses are located to the north and south of the subject property. These houses were built between the 1950s and the 1990s. Crystal Lake Apartments were built to the east of the subject property in 2013. To the west of the subject property are two quadplexes that were built in the early 2000s.
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 Single Family Residential 10 (SF-10) to Mixed Residential 5 (MR-5).
The Mixed Residential 5 (MR-5) zoning 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.
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 Medium Density Residential. Medium Density Residential calls for primarily single-family residential neighborhoods with small lots and duplexes or townhomes interspersed. Low-rise apartments are possible.
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.
LUP 4: Create well-designed and walkable commercial and mixed-use districts
• 4.1: Ensure new development meets basic site design standards
• 4.2: Encourage context-sensitive site design
LUP 6: Encourage development standards that result in quality neighborhoods
• 6.1: Encourage quality neighborhood design through maintaining and improving standards for streets, sidewalks, stormwater, and open space.
LUP 7: Encourage a mix of housing types for all ages and incomes
• 7.2: Allow a mix of smaller scale detached and attached housing in Medium Density Residential and Neighborhood Improvement areas (as identified on the Future Land Use Map).
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 request to rezone the property to Mixed Residential 5 would allow for a variety of residential dwellings on the subject property. The permitted uses would range from single family houses to multi-family dwellings (apartments). A potential multi-family residential development is in keeping with the existing development to the east - Crystal Lake Apartments and McArthur Park Apartments to the north of McArthur Road. It is also in keeping with the surrounding area which is residential in nature.
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. Denial of 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 recommend that the City Council move to recommend APPROVAL of the map amendment to MR-5 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. Opposition Photos
9. PowerPoint