AGENDA CAPTION:
Title
Consider approval of Ordinance 2022-45, on the second of two readings, amending the Official Zoning Map of the City in Case No. ZC-22-24, by rezoning approximately 136.912 acres generally located at 900 Francis Harris Lane, from “FD” Future Development District to “CD-2.5” Character District - 2.5, or, subject to consent of the owner, another less intense zoning district classification; including procedural provisions; and providing an effective date.
Body
Meeting date: September 6, 2022
Department: Planning & Development Services
Amount & Source of Funding
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Fiscal Note:
Prior Council Action: At the City Council meeting held July 5, 2022, a motion to approve Character District 2.5 (CD-2.5) was made and the motion carried 4-2-1, with Councilmembers Baker and Garza dissenting and Councilmember Prather not present. At the City Council meeting held August 2, 2022 a motion to postpone ZC-22-24 was made and the motion carried 7-0. Postponing action was intended to allow time for the applicant and staff to prepare a restrictive covenant to require that potential purchasers be given a disclosure advising them of their proximity to the power plant and its potential impacts on their residency. The City Council approved an ordinance annexing this property on August 2, 2022.
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Background Information:
The applicant seeks zoning for development of approximately 470 single-family lots pursuant to the CD-2.5 Zoning District Regulations. The City Council approved an ordinance annexing the property on August 2, 2022.
This ordinance for second reading provides that the ordinance will not be effective until notice and certain restrictive covenants regarding the proximity of the development to a power plant is recorded.
Council Committee, Board/Commission Action:
At their June 14, 2022 meeting, the Planning & Zoning Commission recommended approval of the request as presented with a 5-3 vote. The following topics were discussed: the concerns of a notice recipient regarding (a) maintaining positive drainage so that the notice recipient’s stock tank continues to be filled and (b) the noise generated by the nearby power plant. Additionally, the Commission sought clarification on (c) the width of the LCRA easement and if it would be relocated, (d) the typical house size (per the applicant: 1,500 to 3,000 sf), and (e) the potential health related impact of living near a power plant facility.
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