Leon Valley
TX

Ordinance
Ordinance 17-028

Discuss, Consider and Possible Action on an Ordinance Approving Zoning Case #2017-398, to Rezone Approximately 0.72 acres of Land Being Lot 7, CB 4445, Dirt V-Murchison-Huebner Subdivision, Generally Located in the 7400 Block of Huebner Road, from B-1 (Small Business) Sustainability Overlay to B-2 (Retail) Sustainability Overlay.

Information

Department:Community DevelopmentSponsors:
Category:Public Hearing

Item Discussion

PURPOSE

 

To hold a public hearing as required by law and to consider a rezoning request by Huebner Dirt Investments (HDI), to rezone 0.72 acres of land from from B-1 (Small Business) Sustainability Overlay to B-2 (Retail) Sustainability Overlay, in the 7400 block of Huebner Road.

 

Surrounding zoning consists of:

 

North - developed R-1 (Single-Family Dwelling)

South - developed R-1 (Single-Family Dwelling)

East - developed R-1 (Single-Family Dwelling)

West - developed R-6 (Garden Home), and developed and undeveloped B-2 (Retail)

 

The property is located within the Sustainability Overlay Zoning District.

 

A history of the area indicates:

 

1985 - 6.8 acres was rezoned from R-1 (Single-Family Dwelling) to B-1 (Small Business)

             

1991 - a request is denied to rezone 12.86 acres of land from B-1(Small

Business) and B-2 (Retail) to R-3 (Multiple-Family Dwelling)

 

2013 - 1.709 acres of land was rezoned from B-1 (Small Business) to B-2 (Retail)

 

The rezoning to B-2 (Retail) is not directly addressed in the Master Plan but the request is consistent with the existing and surrounding zoning districts. The land uses in the area are also compatible with the proposed and existing B-2 (Retail), as well as the existing B-1 (Small Business) and R-1 (Single-Family). This is demonstrated by the existing and adjacent B-2 (Retail) zoning of the Church of Latter Day Saints and the Department of Public Safety. The corner of Evers Road and Huebner Road is also zoned B-2 (Retail), and abuts and buffers the residential zoning of the Canterfield Subdivision. 

 

B-2 (Retail) zoning districts are required to provide adequate and effective buffers and screening. In this instance, the applicant is proposing to maintain a B-1 (Small Business) zoning buffer of 20-feet between the residential zoning and the proposed B-2 (Retail). The proposed B-1 (Small Business) buffer will not meet the minimum requirements for development. Thus, it will be an useable strip of property. There is not a requirement for a fence between the proposed B-2 (Retail) and B-1 (Small Business) zoning districts; however at the time of development if landscaping, parking or any other buffering elements are utilized/installed then an 8-foot fence will be required between the B-1 and the existing residential zoning. 

 

The comparison table with uses permitted in B-1 (Small Business) and B-2 (Retail) is attached and demonstrates that there are 34 uses permitted in B-1 versus 73 additional uses that are permitted per B-2 (Retail).

 

Per the Zoning Ordinance, Chapter 14, Section 14.02.551b, the applicant submitted a Traffic Impact Analysis Worksheet indicating that the proposed will generate less than 100 peak hour trips.

             

The applicant will be required to meet all requirements for platting and infrastructure development and all requirements for site plan development prior to issuance of a Building Permit and Certificate of Occupancy.

 

There were thirteen (13) letters were mailed to property owners within 200-feet. There were no letters received in favor of the request, two (2) letters were received in opposition and one (1) letter was returned unable to deliver.

 

Per the 600-foot notification radius approved by City Council on April 4, 2017, an additional 100 notices were sent to surrounding property owners and a notice was mailed and emailed to the Pavona Place Homeowner's Association.

 

SEE LEON VALLEY

 

Social Equity - It is an equitable process for a property owner to request rezoning for the development of their property.

 

Economic Development - The property is requested for rezoning to B-2 (Retail), retail services and products can provide a useful business to the area and has the potential to generate sales tax.

 

Environmental Stewardship - Development of the property will require streetscaping and landscaping.

 

FISCAL IMPACT

 

The applicant paid $700 for consideration of this request.

 

STRATEGIC GOALS

 

Rezoning is indirectly related to Strategic Plan Goal #1, "Economic Development," which encourages attracting and retaining businesses and sales tax generation.

 

Document Comments

RECOMMENDATION

 

On April 25, 2017, the Zoning Commission recommended denial of Zoning Case #2017-398, noting that the rezoning did not protect the health, safety and welfare of the general public and it does not protect the property rights of owners affected by the proposed change, by a vote of 5-1.

 

 

Body

APPROVING REZONING CERTAIN PROPERTY, APPROXIMATELY 0.72 ACRES OF LAND, GENERALLY LOCATED IN THE 7400 BLOCK OF HUEBNER ROAD UPON APPLICATION BY HUEBNER DIRT INVESTMENTS, APPLICANT AND PROPERTY OWNER, FROM B-1 (SMALL BUSINESS) SUSTAINABILITY OVERLAY TO B-2 (RETAIL) SUSTAINABILITY OVERLAY.

 

WHEREAS, Chapter 211 of the Texas Local Government Code empowers a city to enact zoning regulations and provide for its administration, enforcement and amendment; and

 

WHEREAS, the City has previously deemed it necessary and desirable to adopt zoning regulations and zoning tools to provide for the orderly development of property within the City in order to promote the public health, safety, morals and general welfare of the residents of the City; and

 

WHEREAS, the Leon Valley Code of Ordinances Chapter 14 constitutes the City’s Zoning Regulations and requires property to be zoned in accordance with proper designations as defined by the City; and

 

WHEREAS, the Zoning Commission of the City of Leon Valley provided adequate notice and held a public hearing in accordance with Chapter 14 of the Leon Valley Code of Ordinances; and

 

WHEREAS, the Zoning Commission of the City of Leon Valley has recommended approval of the rezoning which is uniform and conforms to the plan and design of the City of Leon Valley’s Zoning regulations and the City of Leon Valley Comprehensive Master Plan; and

 

WHEREAS, the City Council of the City of Leon Valley has also held a public hearing regarding the rezoning request on the affected property and has issued adequate notice to all the affected parties; and

 

WHEREAS, the City Council of the City of Leon Valley believes that rezoning of affected properties will not adversely affect the character of the area of the neighborhood in which it is proposed to rezone; and

 

WHEREAS, the rezoning will not substantially depreciate the value of adjacent or nearby properties; and

 

WHEREAS, the rezoning will be in keeping with the spirit and intent of the City’s Zoning Ordinance; and

 

WHEREAS, the rezoning will comply with applicable standards of the district in which located; and

 

WHEREAS, the rezoning will not adversely affect traffic, public health, public utilities, public safety and the general welfare of the residents of the City of Leon Valley; NOW, THEREFORE,

 

BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LEON VALLEY, TEXAS, THAT:

 

SECTION 1.              Property being described as 0.72 acres of land being Lot 7, CB 4445, Dirt V Murchison-Huebner Subdivision, generally located in the 7400 block of Huebner Road, and more particularly described in case file ZC 2017-398, is hereby rezoned from B-1 (Small Business) Sustainability Overlay to B-2 (Retail) Sustainability Overlay.

 

SECTION 2.              That the City's Official Zoning Map is hereby amended to reflect the above approved zoning.

 

SECTION 3.              The City staff is hereby authorized to issue said zoning when all conditions imposed by the City Council have been addressed and complied with in full.

 

SECTION 4.              This ordinance is effective immediately upon passage by four (4) affirmative votes; otherwise it is effective on the tenth day after passage hereof.

Meeting History

Jun 20, 2017 6:00 PM  City Council Regular Meeting
draft Draft

A motion was made by Council Member Monica Alcocer and seconded by Council Member Belinda Ealy to follow the Zoning Commission's recommendation to deny the request as presented.

RESULT:DENIED [UNANIMOUS]
MOVER:Monica Alcocer, Council Place 3
SECONDER:Belinda Ealy, Council Place 2
AYES:Benny Martinez, Belinda Ealy, Monica Alcocer, David Jordan

Discussion