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  F.2.       
Meeting Date: 03/17/2020  
Contact: Edlyn Vatthauer
File Number: Z-1413-19  
Date Filed: 12/10/2019  
Location: Southwest corner of Danieldale Road and Westmoreland Road Intersection
Size of Request: 18 acres  
Number of Lots: Part of a larger tract  
Current Zoning: SF-20
Applicant: Chad Adams  
Owner: David Hemmasi

AGENDA ITEM:
Consider Zoning Case Z-1413-19; a requested change in zoning from Single Family-20 (SF-20) to General Retail (GR), and adopting Ordinance. Located at the southwest corner of Danieldale Road and Westmoreland Road intersection; consisting of 18 acres. Applicant: Chad Adams; Property Owner: David Hemmasi.
(continued from the March 3, 2020 City Council Meeting)
SUMMARY:
The applicant desires to rezone the tract of land in question from Single Family-20 (SF-20) to General Retail (GR) in order to develop this area with retail stores and restaurants.

The property in question is located to the south of Danieldale Road and to the west of Westmoreland Road, as shown on the Vicinity Map.

As shown on the Zoning Exhibit, the property in question is currently zoned SF-20. To the south is Planned Development-141 (PD-141), which has a base zoning of SF-20. It is also zoned SF-20 further south. To the west is Planned Development-160 (PD-160), a residential planned development with SF-10 as the base zoning district. To the north of Danieldale Road is Office-1 (O-1) zoning. At the northwest corner of Bolton Boone Drive and Danieldale Road is PD-121, which contains five (5) acres of General Retail (GR) zoning at the hard corner of Bolton Boone Drive and Danieldale Road. To the east, across Westmoreland Road is SF-12.  At the northeast corner of Danieldale Road and Westmoreland is PD-155, which has a base zoning of Light Industrial (LI). 

The Future Land Use Plan contained in the Comprehensive Plan designates this area for Single Family Residential.

As shown on the Aerial Photo, the property in question is vacant.  To the west is a new residential development with new homes currently under construction. To the north, across Danieldale Road, it is vacant.  To the east, across Westmoreland Road, are homes on 1 acre lots. At the northeast corner of the Danieldale Road and Westmoreland Road intersection is a large industrial warehouse.

Although the Land Use Plan denotes that this area should be developed as single family residential, there are several reasons why General Retail would be appropriate. First, General Retail zoning is located adjacent to this tract at the northwest corner of Bolton Boone Drive and Danieldale Road intersection.  Second, Office-1 (O-1) zoning exists just to the north of this tract. Third, Industrial zoning and a large industrial building exists adjacent to this tract at the northeast corner of the Danieldale and Westmoreland intersection. Finally, there is a natural buffer (existing creek) that will separate the residential development to the west from this tract. The applicant for this rezoning is the developer of the single family development to the west. Consequently, it would be in his best interest to maintain this buffer area.

In light of the existing development and zoning, which is adjacent to this site, it is staff's opinion that this request is not unreasonable.
PUBLICATION REQUIREMENTS:
Staff notified property owners within 200 feet and published “Notice of Public Hearing” as required by law.  Four (4) notices were mailed to adjoining property owners, zero (0) replies were received in favor and zero (0) replies were received in opposition.
RECOMMENDATION:
PLANNING AND ZONING COMMISSION REPORT

RECOMMENDATION FOR APPROVAL:  AYES:     5   NAYS:    2

RECOMMENDATION: The Planning and Zoning Commission considered this request at their February 11, 2020, meeting and recommended the motion to: Approve Zoning Case Z-1413-19; a requested change in zoning from Single Family-20 (SF-20) to General Retail (GR).

Staff recommends approval of the requested zoning change.
COUNCIL ACTION
Motion by Mayor Pro Tem Moore with a second by Councilmember Quarles to approve as presented. Motion passes 7-0.
Attachments
Attachments for Case Z-1413-19
Ordinance for Case Z-1413-19
Ordinance for Case Z-1413-19 with Exhibits


    

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