File #: 12-106Z2    Name: Billingsley Rezone
Type: Ordinance Status: Approved
In control: City Council Regular Meeting
On agenda: 7/17/2012 Final action: 7/17/2012
Title: Conduct a Public Hearing to Consider/Discuss/Act on the Request by Billingsley Land No 2, L.L.C., on Behalf of 380 North / McKinney, L.L.C., for Approval of a Request to Rezone Approximately 376.81 Acres from “PD” - Planned Development District to “PD” - Planned Development District, Generally to Modify the Development Standards, Located on the South Side of County Road 123 (Future Bloomdale Road) and Approximately 5,600 Feet East of Custer Road, and Accompanying Ordinance
Attachments: 1. PZ Minutes, 2. PZ Staff Report, 3. Location Map and Aerial Exhibit, 4. Letter of Intent, 5. Module 51 Tracking Spreadsheet, 6. Fiscal Impact Analysis, 7. PD 2004-06-068, 8. PD 2006-03-026, 9. Proposed Ordinance with Exhibits, 10. PowerPoint Presentation
Related files: 12-106Z
Title
Conduct a Public Hearing to Consider/Discuss/Act on the Request by Billingsley Land No 2, L.L.C., on Behalf of 380 North / McKinney, L.L.C., for Approval of a Request to Rezone Approximately 376.81 Acres from "PD" - Planned Development District to "PD" - Planned Development District, Generally to Modify the Development Standards, Located on the South Side of County Road 123 (Future Bloomdale Road) and Approximately 5,600 Feet East of Custer Road, and Accompanying Ordinance
 
Summary
MEETING DATE:      July 17, 2012
 
DEPARTMENT:       Planning
 
CONTACT:              Michael Quint, Senior Planner
 
RECOMMENDED CITY COUNCIL ACTION:
 
·      Staff recommends approval of the proposed rezoning request with the following special ordinance provisions:
 
1.      The subject property shall be zoned "PD" - Planned Development District shall be subject to the following special ordinance provisions:
 
a.      The subject property shall develop in accordance with the attached development standards.
 
b.      The subject property shall generally develop in accordance with the attached general development plan.
      
ITEM SUMMARY:
 
·      The applicant is requesting to rezone approximately 376 acres of land, located on the south side of County Road 123 (Future Bloomdale Road) and approximately 5,600 feet east of Custer Road.
 
·      In March of 2006 (PD Ordinance No. 2006-03-026), the subject property was rezoned by a company that was working to develop the subject property with the owner. However, the subject property's owner has since indicated that they did not formally (in writing) authorize the rezoning of their property. Nonetheless, the March 2006 rezoning request has been determined to be valid because all requirements of the Zoning Ordinance necessary to rezone a property (property owner notice, legal notice, sign posting, Planning and Zoning Commission consideration/recommendation, City Council consideration/approval, two public hearings) were satisfied.
 
·      The March 2006 rezoning of the subject property was recently brought to the subject property owner's attention via discussion regarding the possible re-alignment of Future Wilmeth Road. Upon being made aware of this rezoning, the subject property's owner indicated the desire to rezone the property back to the zoning that was in place prior to March of 2006. The proposed rezoning request is identical to the zoning that existed prior to March of 2006 (PD Ordinance No. 2004-06-068).
      
BACKGROUND INFORMATION:
 
·      See the attached staff report.
 
SPECIAL CONSIDERATIONS:  
 
·      See the attached staff report.
 
FINANCIAL SUMMARY:  
 
·      See the attached staff report.
 
BOARD OR COMMISSION RECOMMENDATION:
 
·      At the June 26, 2012 Planning and Zoning Commission meeting, the Commission unanimously voted to recommended approval of the proposed rezoning request per Staff's recommendation.