AGENDA CAPTION:
Title
Receive a Staff presentation and hold a Public Hearing to receive comments for or against Ordinance 2021-62, amending the official zoning map of the City in Case No. ZC-21-11 by rezoning approximately 0.98 acres of land, more or less, out of lot 5, block 1, San Marcos Business Park, Section 2, located at 1909 Dutton Drive, from “GC” General Commercial District to “CD-4” Character District-4, or subject to consent of the owner, another less intense zoning district classification; including procedural provisions; and providing an effective date; and consider approval of Ordinance 2021-62, on the first of two readings.
Body
Meeting date: August 3, 2021
Department: Planning & Development Services
Amount & Source of Funding
Funds Required: N/A
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Funds Available: N/A
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Fiscal Note:
Prior Council Action: Click or tap here to enter text.
City Council Strategic Initiative: [Please select from the dropdown menu below]
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Comprehensive Plan Element (s): [Please select the Plan element(s) and Goal # from dropdown menu below]
☐ Economic Development - Choose an item.
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☒ Neighborhoods & Housing - Diversified housing options to serve citizens with varying needs and interests
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Master Plan: [Please select the corresponding Master Plan from the dropdown menu below (if applicable)]
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Background Information:
The property is currently undeveloped but is contiguous with an existing multifamily/ condominium project that was developed by the applicant. The existing project achieved CD-4 zoning approval in October 2019.
The 2019 zoning change request was accompanied by a variance request approved by the ZBOA. This request was approved by the Board who indicated a desire to refund the application fee due to the location of a City easement. ZBOA does not have the authority to waive fees however, City Council directed staff to refund the fee.
Council Committee, Board/Commission Action:
At their regular meeting on July 13, 2021 the Planning and Zoning Commission recommended approval of the request as presented with an 8-0 vote.
On July 15, 2021 the Zoning Board of Adjustments unanimously approved a variance request to allow a 15’ maximum setback instead of the 12’ maximum required by Code for CD-4 due to the location of a 15’ public utility easement. The Zoning Board of Adjustments indicated a desire to refund the application fee for the variance request because the request was the result of a City owned easement.
Alternatives:
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Recommendation:
Staff recommends approval of the request as presented.