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File #: 20-3614   
Type: Zoning Case
In control: City Council A Session
On agenda: 8/6/2020
Posting Language: ZONING CASE Z-2020-10700036 (Council District 3): Ordinance amending the Zoning District Boundary from "I-2 AHOD" Heavy Industrial Airport Hazard Overlay District to "MXD AHOD" Mixed Use Airport Hazard Overlay District on 202.807 acres out of CB 4007, generally located between the 11900-12600 Block of IH-37 South. Staff and Zoning Commission recommend Approval, pending Plan Amendment. (Associated Plan Amendment PA2020-11600008)
Attachments: 1. Map, 2. Site Plan, 3. Zoning Minutes, 4. Draft Ordinance, 5. Field Notes, 6. Ordinance 2020-08-06-0491
Related files: 20-3624

DEPARTMENT: Development Services                     

 

DEPARTMENT HEAD: Michael Shannon

                     

COUNCIL DISTRICTS IMPACTED: 3

 

SUBJECT:

Zoning Case Z-2020-10700036

(Associated Plan Amendment PA2020-11600008)

 

SUMMARY:

Current Zoning:  “I-2 AHOD” Heavy Industrial Airport Hazard Overlay District

 

Requested Zoning:  “MXD AHOD” Mixed Use Airport Hazard Overlay District

 

BACKGROUND INFORMATION:

Zoning Commission Hearing Date: May 19, 2020

 

Case Manager:  Justin Malone, Planner

 

Property Owner:  Nabors Drilling Technologies USA, Inc.

 

Applicant:  Bitterblue, Inc.

 

Representative:  Brown & Ortiz, P.C.

 

Location:  Generally located in the 11900 -12600 block of IH-37 South

 

Legal Description:  202.807 acres out of CB 4007

 

Total Acreage:  202.807

 

Notices Mailed

Owners of Property within 200 feet:  21

Registered Neighborhood Associations within 200 feet:  None

Applicable Agencies:  Texas Department of Transportation

 

Property Details

Property History:  The subject property annexed June 16, 2016 by Ordinance 2016-06-16-0492 and was changed from "OCL" Outside City Limits to "1-2" Heavy Industrial District and "1-2 AHOD" Heavy Industrial Airport Hazard Overlay District.

                     

Topography:  The subject property is currently undeveloped land. A tributary runs through the subject property on the eastern side and accounts for a small portion of the property being included in the 100 year flood plain.

 

Adjacent Base Zoning and Land Uses

Direction:  North

Current Base Zoning:  “I-1” and “I-2”

Current Land Uses:  Vacant land and some industrial uses

 

Direction:  East

Current Base Zoning:  “C-2” District and “NP-15”

Current Land Uses:  East Central Development Center Campus and Single-Family Dwellings

 

Direction:  South

Current Base Zoning:  “I-1” and “FR”

Current Land Uses:  Industrial uses and undeveloped land

 

Direction:  West

Current Base Zoning:  UZROW

Current Land Uses:  Interstate Highway 37 South

 

Overlay and Special District Information: 

“AHOD”

All surrounding properties carry the "AHOD" Airport Hazard Overlay District, due to their proximity to an airport or approach path. The “AHOD” does not restrict permitted uses, but can require additional review of construction plans by both the Development Services Department and the Federal Aviation Administration.

 

Transportation

Thoroughfare:  IH 37 South

Existing Character:  TXDOT ROW

Proposed Changes:  None known

 

Public Transit:  There are no VIA bus routes near the subject property.

 

Traffic Impact:  A Traffic Impact Analysis (TIA) is required. I-37 is a TxDOT roadway; TxDOT may have additional requirements.

 

Parking Information:  The proposed development includes single-family dwellings, multi-family dwellings, and some commercial uses. Parking requirements are calculated on the use:

                     Single-Family Residential - Minimum of 1 parking space per dwelling, no maximum

                     Multi-Family Residential - Minimum of 1.5 parking spaces per unit, maximum of 2 parking spaces per unit

                     Commercial parking is calculated on the specific commercial use

 

ISSUE:

None.

 

ALTERNATIVES:

Current: The “I-2” Heavy Industrial District allows uses that are highly hazardous, environmentally severe in character and/or generate very high volumes of truck traffic. The district was established in order to provide sites for activities which involve major transportation terminals and manufacturing facilities that have a greater impact on the surrounding area than industries found in the L or I-1 districts. Examples of permitted uses: acetylene gas manufacturing & storage, asphalt products manufacturing, boiler & tank works, chemical process clothing manufacturing, and grain drying & milling.

 

Proposed: The proposed zoning of “MXD” would allow Mixed Use development such as Residential and Commercial uses.

 

FISCAL IMPACT:

None.

 

RECOMMENDATION:

Staff Analysis and Recommendation: Staff and Zoning Commission (11-0) recommend Approval, pending Plan Amendment.

 

Criteria for Review:  According to Section 35-421, zoning amendments shall be based on the approval criteria below.

 

1.  Consistency: 

The property is located in the South Sector Plan and is currently designated for “Specialized Center” land uses. The proposed “MXD” base zoning district is not consistent with the current future land use plan. The applicant requested a Plan Amendment from “Specialized Center” to “Mixed Use Center”. Staff recommends Approval. On March 11, 2020, Planning Commission recommended Denial.

 

2.  Adverse Impacts on Neighboring Lands: 

Staff finds no evidence of likely adverse impact on the neighboring lands in relation to this zoning change request. The proposed “MXD” is consistent with the surrounding area as there is a mix of residential, commercial and industrial uses in the area.

 

3.  Suitability as Presently Zoned: 

The existing “I-2” Heavy Industrial base zoning district is appropriate for the subject property. The proposed “MXD” Mixed Use District is better suited to the area for a mixed use development comprised of commercial, single-family and multi-family uses. There are some existing “C-2,” “NP-15,” “L,” “I-1,” and “I-2” uses in the area. The “MXD” will complement these uses and down zone a very large (200+ acre property) currently zoned “I-2” Heavy Industrial. The proposed “MXD” Mixed District will change the character and feel of the area with variety of housing alternatives and commercial goods and services to balance the existing light industrial and general industrial. 

 

4.  Health, Safety and Welfare: 

Staff has found no negative impacts on the public health, safety, or welfare in relation to this rezoning request.

 

5.  Public Policy: 

The request is consistent with several goals and objectives identified in the Heritage South Sector Plan including:

 

Housing Goals and Strategies

Goal HOU-1 An array of housing choices throughout the area with an appropriate mix of densities and housing types

HOU-1.1 Encourage a mix of housing types, including multi-family homes, custom homes, garden homes, and single-family detached homes to provide “life cycle” housing options (ranging from college students, young adults, families, and

retired/ senior) within the area

 

HOU-1.2 Encourage higher-density housing at strategic nodes

 

HOU-1.3 Promote clustered housing including Conservation Subdivision Development and large lot development in rural areas

 

6.  Size of Tract: 

The subject property totals 202.807acres and is sufficient size for the proposed mixed use development of single-family, multifamily and commercial uses.

 

7.  Other Factors: 

The applicant submitted an “MXD” site plan consistent with the Unified Development Code, Section 35-341.