AGENDA CAPTION:
Title
Receive a Staff presentation and hold a Public Hearing to receive comments for or against Ordinance 2022-100, amending the Official Zoning Map of the City in Case No. ZC-22-41, by rezoning approximately 42.51 acres out of the Juan M. Veramendi Survey, Abstract No. 17, Hays County, Texas, generally located at the northwest corner of the East McCarty Lane and Leah Avenue intersection, from “GC” General Commercial District to “LI” Light Industrial District, 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 2022-100, on the first of two readings.
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Meeting date: December 6, 2022
Department: Planning & Development Services
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Background Information:
ZC-22-41 seeks to entitle the property for future warehousing and distribution development pursuant to the Light Industrial Zoning District regulations. A conceptual site plan was provided by the applicant and is included within the application documents file.
A request for “HC” Heavy Commercial was previously considered by the Planning & Zoning Commission (P&Z) and City Council at the July 12, 2022 and August 2, 2022 meetings, respectively. At both, staff recommended approval of the previous HC request due to it meeting code criteria. P&Z recommended approval of HC zoning with an 8-0 vote. During that meeting P&Z discussed: (a) the rationale for the applicant requesting the HC district since the proposed warehouse and distribution uses would be permitted within other zoning districts. The applicant indicated that development of the property was being made on a speculative basis and the HC district provided the desired flexibility.
At the City Council meeting no action was taken. The following topics were discussed during the meeting: (1) concerns over flooding, (2) the likelihood of the development's industrial buildings lacking character, (3) the project's adjacency to the City's conference center, and, more specifically, that (4) no utilitarian services/uses are within the nearby vicinity to service the area, and, therefore, (5) the land may be better suited for more complementary commercial uses, and (6) denying the application, with limited exception, would result in a one-year stay on the submittal of zoning applications for the same and similar intensity zoning districts.
On August 30, 2022 the applicant withdrew their application for “HC” zoning and subsequently submitted the current request for “LI” Light Industrial zoning. The plans for warehouse and distribution have not changed. The applicant agrees to restrict the uses under Waste Related Services through Restricted Covenants if City Council provides the direction to delay the effective date of an approval until covenants are recorded.
Council Committee, Board/Commission Action:
At their November 9, 2022 meeting, the Planning & Zoning Commission recommended denial of ZC-22-41 with an 8-1 vote with Commissioner Zambrano dissenting. The following topics were discussed: (a) the example buildings provided by the applicant and their architecture being mostly tilt-wall, (b) the property’s location and proximity to the convention center making it potentially more suited for development under the property’s existing GC zoning, (c) the desirability for development around the convention center to compliment the convention center, (d) the requested use seems to align with the Preferred Scenario Map’s Employment Center designation and how the convention center itself may not align, yet it is already in existence, (d) the criteria in which zoning applications are considered and how this request seems to fit many which would make the proposed zoning appropriate, and (e) the previous P&Z recommendation of approval for HC zoning and how a denial recommendation for LI zoning seems contradictory to P&Z’s previous recommendation. Approval of this item would require six votes in favor of the zoning request.
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Recommendation:
Staff provides a neutral recommendation on the request for Light Industrial because, while the request meets many of the Code criteria for approval, LI is a more intense district than the previously requested HC and City Council indicated this location may be better suited for commercial development under the current zoning classification.