Title
Conduct a Public Hearing to Consider/Discuss/Act on the Request by Douglas Properties, Inc., on Behalf of David Huang (Trustee) and Seminole Bloominfive L.P., for Approval of a Request to Rezone Approximately 112.89 Acres from “AG” - Agricultural District to “PD” - Planned Development District, Generally to Allow for Single Family Residential and Commercial Uses, Located on the Southwest Corner of F.M. 543 and State Highway 5 (McDonald Street)
Summary
MEETING DATE: October 23, 2012
DEPARTMENT: Planning
CONTACT: Alex Glushko, Planner II
Brandon Opiela, Planning Manager
APPROVAL PROCESS: The recommendation of the Planning and Zoning Commission will be forwarded to the City Council for action at the November 6, 2012 meeting.
STAFF RECOMMENDATION: Staff recommends denial of the proposed rezoning request due to a lack of conformance with the Comprehensive Plan.
However, if the rezoning request is to be approved, the following special ordinance provisions shall be applicable:
1. The use and development of the residential portion of the subject property shall conform to the regulations of Section 146-73 (“RS 60” - Single Family Residence District) of the Zoning Ordinance, and as amended, except as follows:
a. The subject property shall be subject to the attached development regulations.
2. The use and development of the portion of the subject property identified as “BN” - Neighborhood Business District shall conform to the regulations of Section 146-84 (“BN” - Neighborhood Business District), and as amended
3. The use and development of the portion of the subject property identified as “C” - Planned Center District shall conform to the regulations of Section 146-86 (“C” - Planned Center District) of the Zoning Ordinance, and as amended.
4. The subject property shall generally develop in accordance with the attached Zoning Exhibit.
APPLICATION SUBMITTAL DATE: April 23, 2012 (Original Application)
May 7, 2012 (Revised Submittal)
September 10, 2012 (Revised Submittal)
September 24, 2012 (Revised Submittal)
ITEM SUMMARY: The applicant is requesting to rezone approximately 113 acres of land, located on the southwest corner of F.M. 543 and State Highway 5 (McDonald Street), from “AG” - Agricultural District to “PD” - Planned Development District, to allow for “RS 60” - Single Family Residential (approximately 84 acres), “BN” - Neighborhood Business District (approximately 3 acres), and “C” - Planned Center District (approximately 26 acres) uses. The applicant is proposing a rezoning request that includes the original tract (approximately 65 acres) in addition to the northern adjacent tracts (approximately 48 acres).
On March 6, 2012, the City Council denied a similar rezoning request for a portion of the subject property by the applicant. With that rezoning request (case #11-191Z), the applicant was requesting to rezone the south half of the subject property (approximately 65 acres) for single family residential uses.
Subsequent to that City Council meeting, the applicant submitted a new proposed rezoning request that included 3.62 acres of land for retail uses leaving about 61.6 acres for residential uses. The revised rezoning request was then considered by the Planning and Zoning Commission at the May 22, 2012 meeting where the Commission voted to table the item to the in order to give the applicant additional time to confer with adjacent property owners. On June 12, 2012 the Planning and Zoning Commission, after no significant discussion, voted unanimously to table the item indefinitely.
Subsequent to this meeting, the applicant met with the adjacent property owner to discuss their plans for developing their property. It was later determined that the original 65 acres should be included with the adjacent northern 48 acres to comprise a single rezoning request, which is what is currently being proposed by the applicant.