Leon Valley
TX

Ordinance
Ordinance 17-033

Discussion, Presentation, and Possible Action to Approve an Ordinance for Zoning Case #2017-401, to Rezone Approximately 23.079 acres of Land Being Generally Located Along and Between William Rancher, Aids Drive, Samaritan Drive, and Grass Hill Roads, from Temporary R-1 Single Family Dwelling District to R-1 Single Family Dwelling District

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 the City of Leon Valley, to rezone approximately 23.079 acres of land out of the Felix Losoya Survey 187, Abstract 432, CB 4430, along and between William Rancher, Samaritan, Grass Hill, and Aids Drive, from Temporary R-1 Single Family Dwelling District to R01 Single Family Dwelling District.

 

The surrounding zoning consists of:

 

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

·              South - undeveloped R-1 (Single-Family Dwelling)

·              East - developed R-6 (Garden Home)

·              West - developed R-6 (Garden Home), and developed B-2 (Retail) along Bandera Road

 

The history of the property is as follows:

 

·              1965 - Ordinance #101 establishes temporary zoning upon annexation

 

·              1971 - area annexed into the City

 

·              1971 - a request to rezone 8.6 acres from R-1 (Single-Family Dwelling) to R-3 (Multiple-Family Dwelling) is denied

 

·              1984 - a request to rezone Good Samaritan Nursing Home, from R-1 to B-2, is denied

 

·              1985 - a request to rezone approximately 44.3 acres from  R-1 (Single-Family Dwelling) to R-6 (Garden Home) is denied

 

·              1986 - request to rezone 6.7 acres, from R-1 to R-6 is denied

 

·              1997 - Good Samaritan Nursing Home is platted. Several plats have been proposed for portions of this area; however none were approved due to developmental challenges associated with these properties

 

·              2006 - Centex Homes makes a request to rezone 24.27 acres, from R-1 (Single-Family Dwelling) to R-6 (Garden Home), the Zoning Commission recommended approval, but the request was withdrawn prior to Council consideration             

 

·              2007 - a petition is submitted by the residents and property owners of Seneca West area to revise the Master Plan recommendations to allow only R-1 in the area. The petition is considered and actions are taken to revise the Master Plan.  The Master Plan is amended to recommend only R-1 (Single-Family Dwelling) zoning for undeveloped properties Seneca West             

 

·              2007 - Dayton Schrader of REMAX makes a request to rezone 68.569 acres of land from R-1 (Single-Family Dwelling) to R-7 (Single-Family Medium Density Dwelling) zoning district and the request is denied

 

·              2010 - Huntington Communities requests rezoning of 61.09 acres of land from R-1 (Single-Family Dwelling) to R-6 (Garden Home) and the request is denied.

                           

Master Plan:              The 2009 Master Plan, Section 11N Seneca West Area addresses the area noting that R-1 (Single-Family Dwelling) zoning, is recommended for undeveloped lots in the area.

 

Staff Comments:             

 

1) Background - Early available records indicate that the property was annexed and automatically received temporary R-1 (Single-Family Dwelling).  After annexation, records do not indicate the property owner(s), or the City formally zoned the property as official R-1 (Single-Family Dwelling).

 

2) If the zoning is approved, the property officially is designated as R-1 (Single-Family Dwelling) zoning for City records.

 

3) The R-1 Single Family Zoning District has minimum requirements for area, width, depth, and setbacks. Any developer will have to meet these requirements, but is not required to exceed them. There are approximately 70 total vacant acres in this area. If all of the acreage is developed as R-1 Single Family, there is a potential for over 200 homes to be built in the future. Most families have at least two vehicles, which indicates a potential for 400 vehicles to be traveling down Seneca and/or Grass Hill roads, if each property owner owned two vehicles. Both Seneca and Grass Hill are built to accommodate that amount of vehicles, but this may not be acceptable to the existing residents (att. 3). The City Council may want to consider developing a new zoning district which would require lots of three fourths of an acre or larger, to reduce the potential density and congestion in that area.

 

Letters Mailed and Responses Received from Property Owners within 200-feet:

 

·              Mailed                                           39  

·              In favor                                          7     (+2 duplicates in Favor)

·              Opposed                                          0

·              Returned undeliverable              1

 

 

Attachments: 1) Site Location Map 

2) Zoning Map

3) Potential Lot Exhibit

4) R-1 District Regulations and Uses

5) Letters 200ft

6) List of names of citizens present at Zoning Commission meeting

 

The developer of this property will be required to meet all requirements for platting and infrastructure development.

 

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 land will eventually be developed, which will add to the property tax roll and, when built and occupied, will provide an increase in sales tax revenue.

 

Environmental Stewardship - Development of the property will require landscaping and floodplain development, through the platting process.

 

FISCAL IMPACT

 

No immediate fiscal impact; however, the manner in which this property develops will determine the amount of property tax is received by the City in the future.

 

 

Document Comments

RECOMMENDATION

 

Zoning Commission Recommendation:

 

At the June 27, 2017 Regular Zoning Commission meeting, the Zoning Commission voted unanimously to approve the request to rezone approximately 23.079 acres of land out of the Felix Losoya Survey 187 Abstract 432, CB 4430, located along and between William Rancher, Aids Drive, Seneca, and Grass Hill Drive, from Temporary R-1 Single Family Dwelling District to R-1 Single Family Dwelling District.

 

City Council Recommendation Alternatives:

 

1)              Recommend APPROVAL of the requested Zoning Change from temporary R-1 (Single-Family Dwelling) to R-1 (Single-Family Dwelling) because (select 1 or more of the findings listed below):

 

·              It is Consistent and Compatible with the Master Plan.

·              It is Consistent and Compatible with surrounding zoning districts.

·              It is Consistent and Compatible with the site and surrounding uses.

·              The zoning change protects the health, safety and welfare of the general public.

·              The zoning change protects and preserves the property rights of property owners affected by the proposed change.

 

2)              Recommend denial of the requested Zoning Change from temporary R-1 (Single-Family Dwelling) to R-1 (Single-Family Dwelling) because (select 1 or more of the findings listed below):

 

·              It is NOT consistent and NOT compatible with the Master Plan.

·              It is NOT Consistent and NOT Compatible with surrounding zoning districts.

·              It is NOT Consistent and NOT Compatible with the site and surrounding uses.

·              The zoning change DOES NOT protect the health, safety and welfare of the general public.

·              The zoning change DOES NOT protect and preserve the property rights of property owners affected by the proposed change.

 

 

Body

AUTHORIZING THE REZONING OF CERTAIN PARCELS OF PROPERTY FROM TEMPORARY R-1 SINGLE FAMILY DWELLING DISTRICT TO R-1 SINGLE FAMILY DWELLING DISTRICT UPON APPLICATION BY THE CITY OF LEON VALLEY, APPLICANT.

 

 

WHEREAS, the City of Leon Valley has decided it is in the best interests of the City that certain parcels of land be zoned R-1 Single Family Dwelling District, in accordance with Leon Valley City Code, Chapter 14 Zoning; and

 

WHEREAS, the Zoning Commission of the City of Leon Valley recommended approval of this change in zoning to the City Council; and

 

WHEREAS, the citizens of the City of Leon Valley within 200 feet of this property also approve of this change; and

 

WHEREAS, it is now the desire of the City Council to rezone certain property from Temporary R-1 Single Family Dwelling District to R-1 Single Family Dwelling District; NOW, THEREFORE,

 

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

 

SECTION 1.              Parcels P-10B, 10C, 10D, 10E, 10F, 10H, 10J, 10K, P-18, P-19, P-21, P-22, P-22A, P-23, P-15, P-16, P-16A out of the Felix Losoya Survey 187, Abstract, 432, CB 4430, being approximately 23.079 acres of land, located along and between Aids Drive, Grass Hill Road, Samaritan Drive, and William Rancher Road, and more particularly described in case file ZC 2017-401, are hereby authorized to be rezoned from Temporary R-1 Single Family Dwelling District to R-1 Single Family Dwelling District.

 

              SECTION 2.               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 3. This Ordinance shall be effective immediately upon passage by four (4) or more affirmative votes; otherwise, it shall be effective on the tenth (10th) day after passage.

 

 

 

Meeting History

Jul 18, 2017 6:00 PM  City Council Regular Meeting

Interim Community Development/Public Works Director Melinda Moritz presented this item to hold a public hearing, as required by law, and to consider a rezoning request by the City of Leon Valley, to rezone approximately 23.079 acres of land out of the Felix Losoya Survey 187, Abstract 432, CB 4430, along and between William Rancher, Samaritan, Grass Hill, and Aids Drive, from Temporary R-1 Single Family Dwelling District to R01 Single Family Dwelling District. Letters Mailed and Responses Received from Property Owners within 200-feet: Mailed - 39 with 7 (+2 duplicates in Favor); 0 opposed and 1 returned as undeliverable.

Zoning Commission Chairman Olen Yarnell reported that at the June 27, 2017 Regular Zoning Commission meeting, the Zoning Commission voted unanimously to approve the request to rezone approximately 23.079 acres of land out of the Felix Losoya Survey 187 Abstract 432, CB 4430, located along and between William Rancher, Aids Drive, Seneca, and Grass Hill Drive, from Temporary R-1 Single Family Dwelling District to R-1 Single Family Dwelling District.

Interim Community Development/Public Works Director Moritz offered City Council alternatives: Recommend approval of the requested Zoning Change from temporary R-1 (Single-Family Dwelling) to R-1 (Single-Family Dwelling) because (select 1 or more of the findings listed): It is consistent and compatible with the Master Plan; It is consistent and compatible with surrounding zoning districts; It is consistent and compatible with the site and surrounding uses; The zoning change protects the health, safety and welfare of the general public; and the zoning change protects and preserves the property rights of property owners affected by the proposed change.

Recommend denial of the requested Zoning change from temporary R-1 (Single-Family Dwelling) to R-1 (Single-Family Dwelling) because (select 1 or more of the findings listed below): It is not consistent and not compatible with the Master Plan; It is not consistent and not compatible with surrounding zoning districts; It is not consistent and not compatible with the site and surrounding uses; The zoning change does not protect the health, safety and welfare of the general public; and The zoning change does not protect and preserve the property rights of property owners affected by the proposed change.

· Hilda Gomez, 5902 Forest Ledge, spoke about infrastructure.

· Juan Mujica, 6011 Kinman, spoke in opposition of the request.

A motion was made by Council Member David Edwards and seconded by Council Member David Jordan to adopt the ordinance for Zoning Case #2017-401, to rezone approximately 23.079 acres of land being generally located along and between William Rancher, Aids Drive, Samaritan Drive, and Grass Hill Roads, from Temporary R-1 Single Family Dwelling District to a Permanent R-1 Single Family Dwelling District.

Council Member Monica Alcocer abstained.

RESULT:ADOPTED [4 TO 0]
MOVER:David Edwards, Council Place 1
SECONDER:David Jordan, Council Place 5
AYES:Benny Martinez, David Edwards, Belinda Ealy, David Jordan
ABSTAIN:Monica Alcocer

Discussion