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  G.4.       
Meeting Date: 09/07/2021  
Contact: Amy Mathews
Location: 1116 and 1112 W. Beltline Road and 100 S, Elerson Road
Size of Request: 10.285  
Current Zoning: General Retail (GR)
Applicant: Nathan Thompson Owner: Jorge Abreu

COUNCIL ACTION
The Planning and Zoning Commission denied the applicant's request at their August 10, 2021 meeting.  The applicant subsequently appealed the Planning and Zoning Commission's decision within the ten (10) day appeal period. Because of this, approval of Zoning Case Z-1445-21 requires a super majority vote by the City Council.

Motion by Mayor Pro Tem Byrd with a second by Councilmember Chism to approve as presented. Motion fails 4-3.
AGENDA ITEM
Conduct a Public Hearing and consider an Ordinance for Zoning Case Z-1445-21 to change Zoning from General Retail (GR) to a Planned Development-188 (PD-188) with a base zoning of Single Family-8 (SF-8). The property is located at 1116 & 1112 West Belt Line Road and 100 South Elerson Road. Consisting of three (3) lots and containing 10.28 acres. Applicant: Nathan Thompson and Property Owner: Jorge Abreu
BACKGROUND
The applicant has indicated the purpose of the development is single family residential in alignment with DeSoto's current Comprehensive Plan, while also maintaining some of the natural character of the property with a detention pond and three open spaces. The property is located at the southwest corner of Belt Line Road and Elerson Road as shown on the vicinity map.
 
The Zoning exhibit shows the property is currently zoned General Retail (GR). Current zoning for the surrounding properties is provided below:
North: Single Family-10 (SF-10)
East: Single Family-8 (SF-8)
South: Planned Development-123 (PD-123)
West: Single Family-10 (SF-10)
As shown on the Aerial exhibit, the property is currently vacant. There is a residential structure on the property that would be demolished if the development is approved and proceeds. The concept plan attached to this report shows access from Belt Line Road through proposed street Phoenix Place and access from South Elerson Road through proposed street Griffin Lane. All proposed streets are 50 feet right of way (similar to existing neighborhood east of Elerson Road). A detention pond and open space of 0.94 acres is located on the north side of the property to be used and maintained by the development. The applicant has also designated 0.5 acres and 0.13 acres for open space centrally located and on the south end, respectively for the proposed development. The applicant has requested the following deviations:
 
  Zoning Ordinance (SF-8) Proposed
Lot Area (sq ft) 8,000 SF 5,000 SF
Lot Width 70 Feet 50 Feet 
45' on Cul-De-Sac & Elbows
Front Yard Setback 25 Feet 20 Feet
Side Yard Setback 7 Feet; 15 Feet Corner Lots 5 Feet; 10 Feet Corner Lots

Previously, the applicant proposed affordable housing units at a higher density on the same property. Previous case Z-1437-21 was presented to the Planning and Zoning Commission on 04/13/2021. Staff discussed the comprehensive plan recommendations. Three community members spoke in opposition expressing concerns about narrow streets and lot sizes and suggested maintaining the existing GR zoning. The Planning and Zoning Commission motioned to deny the application and was passed at 7-0.
FINDINGS
N/A
RECOMMENDATION
Staff Recommendation: 
The Comprehensive Plan identifies the subject area as single family residential and states: “Low Density Residential Single family detached residential structures are examples of low density residential uses. This land use is exemplified by the density and character of many residential neighborhoods throughout the City. Typically speaking, low density residential land uses will include homes located on 8,000 square foot lots and greater. Residential densities within low density areas will generally be five (5) dwelling units per acre or less.”

The applicant is proposing 51 units on 10.285 acres at approximately 4.9 units an acre, with the largest lot size of 8,850 sq. ft. and the smallest lot size at 5,000 sq. ft. with an average lot size of 5,330 sq. ft.  Staff acknowledges the proposed average lot size of 5,330 square feet is smaller than 8,000 square feet encouraged in the Comprehensive Plan.  However, in working through the zoning process, the applicant increased the proposed lot sizes overall and provided less density.  Staff recommends approval of the proposed development as it preserves the single family neighborhood character recommended in the Comprehensive Plan.

Planning and Zoning Commission Recommendation: 
At the August 10, 2021 Planning and Zoning Commission meeting, a motion was made to approve the request and the motion failed by a vote of  two (2) in favor and three (3) against.  One Commissioner explained some of the history of the lot stating it was originally zoned for residential and then rezoned to retail and has remained undeveloped since 2007.  The applicant said the property owners desire for it to be developed as retail, but the property has been sitting undeveloped with the current zoning.

Motion to approve Zoning Case Z-1445-21 to change Zoning from General Retail (GR) to a Planned Development-188 (PD-188) with a base zoning of Single Family-8 (SF-8).
AYE:    
Chairperson Keith Stone
Commissioner Scott McDonald
NAY:   
Vice Chairperson Theo Peugh
Commissioner Preston Gilstrap
Commissioner Machele Johnson
Other: 
Commissioner Coffey Caesar (ABSENT)
Commissioner Andreana Coleman (ABSENT)
Attachments
Z-1445-21 Attachments
Z-1445-21 Ordinance


    

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