AGENDA CAPTION:
Title
Consider approval of Ordinance 2021-08, on the first of two readings amending the Official Zoning Map of the City in Case No. ZC-20-26 by rezoning approximately 15.2331 acres of land, generally located in the 400 Block of Riverway Avenue, from “CC” Community Commercial District to “HC” Heavy Commercial District; including procedural provisions; and consider approval of Ordinance 2021-08 on the first of two readings.
Body
Meeting date: March 2, 2021
Department: Planning & Development Services
Amount & Source of Funding
Funds Required: N/A
Account Number: N/A
Funds Available: N/A
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Fiscal Note:
Prior Council Action: Public Hearing held on February 2, 2021. The first reading of Ordinance was postponed at that meeting.
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Background Information:
The subject property is located within City Limits and is zoned “CC” Community Commercial. The purpose of this zoning change to “Heavy Commercial” is to allow for the development of an outdoor storage facility. According to the applicant, the facility would be used for safe and secure storage of RVs and boats.
In 2015 the property owner applied for a Preferred Scenario Amendment (PSA) to change the property from an Area of Stability/Low Intensity Zone to an Employment Center. The request was for the subject property (Blanco Riverwalk, Block F) as well as for Blocks A, B and E of the Blanco Riverwalk Subdivision. The Planning & Zoning Commission provided a recommendation of approval for a PSA change for Blocks A, B, and E and a recommendation of denial for Block F. Subsequent to the approval by City Council of Blocks A, B, and E to an Employment Center, the property owner requested a zone change from “CC” Community Commercial to “HC” Heavy Commercial with an overlay district of “PDD” Planned Development District.
Council Committee, Board/Commission Action:
Planning and Zoning Commission Meeting: January 12, 2021
Speakers in favor or opposed:
1. Robert W. McDonald III (in favor)
Recommendation from the Planning and Zoning Commission meeting held January 12, 2021:
A motion was made by Commissioner Haverland, seconded by Commissioner McCarty, to deny ZC-20-26. Discussion topics of the Commission included
• Potential impacts to the multifamily use across the street
• Potential impacts of allowed uses adjacent to the Blanco River
• The potential to prohibit uses via restrictive covenants
• Reasons for denial of a Preferred Scenario Map amendment on this property in 2015
• Allowed uses in Heavy Commercial zoned property versus Heavy Commercial zoned property within the Blanco Riverwalk Planned Development District.
The motion carried 7-1.
• For: (7) Chairperson Kelsey, Vice Chairperson Spell, Commissioner McCarty, Commissioner Haverland, Commissioner Moore, Commissioner Rand, and Commissioner Agnew.
• Against: (1) Commissioner Dillon
• Absent: (0)
DUE TO THE RECOMMENDATION OF DENIAL FROM THE PLANNING AND ZONING COMMISSION, A SUPER-MAJORITY OF SIX VOTES WOULD BE REQUIRED FOR THE CITY COUNCIL TO APPROVE THIS ZONING REQUEST
City Council Meeting: February 2, 2021
Speakers in favor or opposed:
1. Robert W. McDonald III (in favor)
2. Lisa Marie Coppaletta (in opposition)
Recommendation from the City Council meeting held February 2, 2021:
A motion was made by Councilmember Derrick and was seconded by Councilmember Baker to deny ZC-20-26.
At the meeting, the City Council discussed the possibility of restricting certain Heavy Commercial uses via restrictive covenant. The specific uses discussed included waste related services, vehicle services and repair, manufacturing, and a wrecking/junk yard. The Council agreed that these uses should be limited or prohibited but that any restrictions placed on use should still allow minor vehicle maintenance on parked vehicles and boats such as changing a battery or tire. The Council also discussed the possibility of a code amendment to change the proposed use to a conditional use. The Council also discussed the possibility of including additional sustainability measures such as solar panels, electric charging stations, and rain gardens in this project but did not reach consensus as to whether or not these items should be required in the development.
A motion was made by Councilmember Gleason and was seconded by Councilmember Scott to postpone the motion to deny until the March 2, 2021 City Council meeting.
The motion carried 6-1.
• For: (6) Mayor Hughson, Councilmember Gonzales, Councilmember Garza, Councilmember Scott, Councilmember Gleason, and Councilmember Derrick.
• Against: (1) Councilmember Baker
• Absent: (0)
Alternatives:
At their regular meeting on February 2, 2021 City Council discussed the possibility of deed restrictions / restrictive covenants which could address their concerns with allowable uses in the HC Zoning District. If they so choose, City Council may approve the request with a delayed effective date to allow the applicant the ability to record restrictions for the property which could include, at a minimum, the following statement:
Only Self-Storage and Outdoor-Storage uses, with associated office space, are permitted on the property. At no time shall the property be used for-profit for vehicle service or maintenance. The changing of oil or other fluids on the property shall be prohibited. Vehicle maintenance shall be limited to necessary repair required to move a vehicle to an off-site location for service, such as replacing a battery or tire.
Recommendation:
Due to the varying factors regarding current and future land configurations around the subject property, staff is providing a neutral recommendation and leaves a decision of approval, denial, or a recommendation of a lesser zoning district up to City Council.