AGENDA CAPTION:
Title
ZC-26-11 (1600BLK Post Rd/ Post Road CD-5) Hold a public hearing and consider a request by Shelton Eubanks, on behalf of SMTX Rentals LLC, Bernie and Carol Bowden, and Eva and Miguel Rosales, for a Zoning Change from Single Family-6 (SF-6) and Character District - 4 (CD-4) to Character District-5 (CD-5), with a Development Overlay Regulating Plan, or, subject to consent of the owner, another less intense zoning district classification, for approximately 4.97 acres out of the J.M Veramendi Survey, located on the western side of Post Rd, approximately 100ft southwest of the intersection between Post Rd and Uhland Rd. (J.Cleary)
Body
Meeting date: November 10, 2026
Department: Planning and Development Services
Amount & Source of Funding
Funds Required: n/a
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Prior Council Action: N/A
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Background Information:
There have been two recent zoning changes on this site:
• March 2025 - SF-6 to CD-4 for approx. 3.7 acres (Ord 2025-02)
• February 2026 - SF-6 to CD-4 for approx. 0.3 acres (Ord 2026-03)
The site is designated as Mixed Use-Low on the Vision SMTX Preferred Scenario. The designation was specifically requested by the property owners during the Vision SMTX Comprehensive Plan rewrite process and was approved by City Council.
The applicant is requesting a zoning change to increase the number of units that can be constructed on the site. Currently, the applicant is restricted to 3 stories within the CD-4 lots whereas CD-5 allows up to 5 stories. In addition, approximately 1 acre of land currently zoned as SF-6 is being added to the wider development site.
Applicant-Requested Development Overlay Regulating Plan
A request for a Development Overlay Regulating Plan is included with the zoning request. In order to limit impacts on the floodplain, the proposed Development Overlay Regulating Plan (DORP) restricts the impervious cover on the site to 80% as opposed to 100% allowed by right in Character District-5. In addition, the land within the 100-year (1 % annual chance) FEMA floodplain is designated as Open Space.
Background on a Development Overlay Regulating Plan:
• Added as a tool to the Development Code in July 2026 to add additional standards to a property through an “Overlay”.
• Is included as part of the zoning ordinance. Modifications to an approved Development Overlay Regulating Plan require a new zoning change application.
• Can add additional standards to a property at the time of zoning, however it cannot be used to waive development standards.
• Properties must meet all other currently adopted Codes and Ordinances. (Does not “grandfather” a property to older standards.)
• Unlike restrictive covenants (which are solely under the purview of Council), a Development Overlay Regulating Plan may be proposed by the applicant at the time of zoning application, and may be discussed by the Planning & Zoning Commission
Council Committee, Board/Commission Action:
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Recommendation:
Staff recommends approval of ZC-26-11 as presented.