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    7. 5.    
Regular City Council Meeting
Meeting Date: 01/10/2019  

Agenda Item
Public Hearing - Planning: Consider a request for Zone Case 3274-C, a request of Betenbough Homes for Zone Change to Interstate Highway Commercial (IHC) from a combination of Single-Family Residential (R-1) and Restricted Local Retail (C-2A) at 13201 University, near the southeast corner of 130th Street and University Avenue, 9.38 acres of unplatted land out of Block E Section 16, AB 664, Tract B2 of the NW 1/4, and consider an ordinance.
Item Summary
The applicant has requested to change the zoning from a combination of Single-Family Residential (R-1) and Restricted Local Retail District (C-2A) to a single zoning district of Interstate Highway Commercial (IHC), for commercial use.

Previous Zoning History:
2015-00071 - July 22, 2015, City Council approved an ordinance to annex the subject property.

Zone Case 3274 - February 11, 2016, the City Council approved rezoning the property to a combination of Single-Family Residential (R-1) with a Specific Use and Restricted Local Retail (C-2A).  

Zone Case 3274-B – August 9, 2018, the City Council approved rezoning a portion of the subject property to Restricted Local Retail District (C-2A).

Adjacent Land Uses and Zoning:
North: Interstate Highway Commercial (IHC); vacant land
South: Single-Family Residential (R-1) with a Specific Use, and Local Retail District (C-2A); vacant land
East: Single-Family Residential (R-1) with a Specific Use; vacant land
West: General Retail (C-3); vacant land

Conformance with Future Land Use Plan (FLUP):
The 2040 Future Land Use Plan (FLUP) has this area designated for “Low Density Residential” & “Commercial” uses. The requested IHC zoning is not included within in these land use categories. Recommended zoning districts in the “Low Density Residential” land use category are Rural Residential (RR) Zoning District and Single-Family Residential (R-1) Zoning District. Recommended zoning districts in the “Commercial” land use category range from Neighborhood Service (C-1) to Commercial District (C-4).

Conformance with Zoning Code:
The IHC request is consistent with the Zoning Ordinance. This property is located on University Avenue, which is designated as a thoroughfare. However, the applicant will be developing this property with the IHC tract immediately adjacent to the north, which is adjacent to an expressway.

According to the Zoning Ordinance, the purpose of this district is to provide for quality commercial office, retail and wholesale uses which serve a city-wide or regional area. Such uses require careful consideration when adjacent to residential areas. This property is adjacent to Single-Family (R-1) zoning to the east and south. There is a developing neighborhood to the south that appears to be more than halfway completed.

Impact on Surrounding Uses:
The requested zone change could potentially have a negative effect on the surrounding residences. Because of the commercial nature of the permitted uses, compatibility with adjacent residential areas should be carefully considered.

Effect on Adjacent Streets and Thoroughfare System:
The development plan of this tract shows access from the expressway frontage, which does have the adequate capacity for this zone district.

Staff recommends approval of the request due to the following reasons:
1. While inconsistent with the FLUP, the surrounding conditions and street network still support this request.
2. The request is consistent with the Zoning Code when looking at the whole development tract.
3. IHC includes design standards which are consistent with development adjacent to the future Loop 88, mitigating any issues with adjacency to residential developments.

Planning and Zoning Commission Hearing:
No citizens spoke in favor of, or in opposition to, the request. A total of 3 notices were sent to adjacent property owners. Staff received 1 written response in favor of the request.

On December 4, 2018, the PZC recommended approval of the request by a unanimous vote.
Fiscal Impact
Staff/Board Recommending
Jesica McEachern, Assistant City Manager
Planning and Zoning Commission

3274-C Ordinance
3274-C Documentation

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