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    7. 9.    
Regular City Council Meeting
Meeting Date: 01/10/2019  

Information
Agenda Item
Public Hearing - Planning: Consider a request for Zone Case 3366, a request of Hugo Reed & Associates, Inc., for Larry Elliott, for a zone change to Local Retail (C-2) (PZC recommended Restricted Local Retail C-2A instead of C-2) from Transitional (T) at 5513 114th Street, at the southeast of the intersection of Chicago Avenue and 114th Street, 3.4 acres of unplatted land out of Block E2, Section 24, AB 842 Tract C4 and the north 210.78 feet of Tract C3, and consider an ordinance.
Item Summary
Summary:
The applicant has requested to change the zoning to Local Retail (C-2) from Transitional (T) for commercial use on the property. However, after discussion with the Planning staff prior to the Planning and Zoning Commission hearing, the applicant modified the request to C-2A, which this report reflects.  Currently, there are multiple buildings on the property, the main one being a single-family residential structure.

Previous Zoning History:
There have not been any previous zone cases on this property.

Adjacent Land Uses and Zoning:
North: Garden Office (GO); unplatted vacant land
South: 60’ of Transitional (T) zoning then outside City Limits; a single-family home and unplatted vacant land
East: T; unplatted, Custom Shell, Inc. (Pecan Shelling) & single-family home
West: T; unplatted, single family home

Conformance with Future Land Use Plan (FLUP):
The 2040 Future Land Use Plan (FLUP) has this property designated for “Low-Density Residential” land uses. Zoning districts appropriate in this land use category are Rural-Residential (RR), Transitional (T), Single-Family Residential with Reduced setbacks (R-1A), Single-Family Residential (R-1), and Two-Family Residential (R-2). Therefore, the requested zoning of C-2A is not in conformance with the FLUP.  However, "Neighborhood Center" uses are considered appropriate along thoroughfares, between the commercial nodes. Therefore, the request for C-2A zoning is appropriate in this location. 

Conformance with Zoning Code:
According to the Zoning Code, the purpose of the C-2A district is: “to provide limited local retail and service commercial uses which serve one or several neighborhoods. Such districts may be located on existing shallow commercial centers adjacent to thoroughfares."

The C-2A request is consistent with the Zoning Ordinance. This property is located on 114th Street, which is a major thoroughfare. The only access the property has is on 114th Street.

Impact on Surrounding Uses:
There should not be a negative impact to the surrounding areas, as C-2A zoning is considered "Light Commercial" and is appropriate adjacent to lower intensity and residential uses. 

Effect on Adjacent Streets and Thoroughfare System:
There should not be a negative impact on the adjacent streets and thoroughfare system with the area rezoned to C-2A. 114th Street is a major thoroughfare and should be able to handle the traffic associated with C-2A uses.

Recommendations:
Staff recommends approval of the request, based on the following reasons:
1. Even though the request is not consistent with the 2040 FLUP, C-2A zoning is appropriate in this location as it follows the node concept outlined in the Comprehensive Plan.
2. The request is consistent with the Zoning Ordinance.
3. The request should not have a negative impact on the surrounding area or thoroughfare system.

Planning and Zoning Commission Hearing:
Three citizens spoke in opposition to the request, citing concerns that a commercial business in this location would be detrimental to the residence immediately south of the subject property as well as the pecan orchard east of the property. Additionally, they cited safety concerns that a commercial business would bring more traffic to the area. A total of 7 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 vote of 5-1. The commission member who voted in opposition to the request cited concerns of allowing commercial zoning adjacent to residences.
Fiscal Impact
None
Staff/Board Recommending
Jesica McEachern, Assistant City Manager
Planning and Zoning Commission

Attachments
3366 Ordinance
3366 Documentation

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