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HomeMy WebLinkAboutZ-3470 Staff AnalysisApril 29, 1980 Item No. 12 - Z-3470 Owner: Applicant: Request: Purpose: Existing Zoning: Location: Site Characteristics: Size: Existing Land Use: Abutting Land Use Zoning: Zoning History: Applicable Regulations: Real Tech Corporation Fred J. Brei, Jr. Rezone to "MF -12" Multifamily Town House Development "R-2" Single Family Pecan Lake, Phase II Open 22 Acres + Vacant North - Park, Zoned "R-2" South - Single Family Zoned "R-2" East - Vacant - Zoned "R-2" West - Single Family and Vacant Zoned "0-3" and "R-2" None Zoning and Subdivision Ordinances FACTUAL INFORMATION April 29, 1980 Item 12 1. NEED AND/OR DEMAND The applicant states the intention of constructing town houses with two units per lot. This proposal would effectively double the density previously established. 2. COMPATIBILITY WITH MUNICIPAL PLANS The Suburban Development Plan calls for this area to be developed for single family dwelling purposes. There would be likelihood of arguing that this proposed development would not do harm to the plan. 3. EFFECTS ON ENVIRONS No particular adverse environmental impacts are expected. 4. NEIGHBORHOOD POSITION About two years ago this neighborhood went through a lengthy and heated zoning battle, which resulted in the nonresidential zoning along the Stagecoach Road frontage. There are bitter feelings hanging on after that action, which continue to fester. It is expected that several neighboring property owners will oppose this request. 5. PUBLIC SERVICES/EFFECT ON No adverse comments have been received. 6. UTILITIES/EFFECT ON No adverse comments have been received. 7. EFFECT ON PUBLIC FINANCES No significant financial impacts are expected. 8. LEGAL CONSIDERATIONS/REASONABLENESS The property abuts "0-3" zoning to the west in part, and a park to the north. All other zoning is for "R-2" Single Family use. The proposed development is reasonably compatible with the existing development in the area. The town house scheme would likely fit into the neighborhood without adverse impacts. April 29, 1980 Item No. 12 - Continued 9. STANDARDS OF QUALITY No standards of quality have been addressed. 10. TRAFFIC AND STREET RIGHT-OF-WAY There are no traffic right-of-way issues. ANALYSIS This whole subdivision was a major source of controversy over a year ago. The zoning now applied was accomplished through a lengthy negotiation process between developers, residents and the Board,of Directors. Several of the agreed upon details were never `complied with by the developers. STAFF RECOMMENDATION: The staff recommends denial. COMMISSION ACTION: AT 3:00 P.M., some two hours before this matter reached the table at the meeting, one of the objectors had requested that a head count be taken to determine the number of persons there in opposition to the request because of their need to leave to attend to other matters. At that time, 20 persons had been counted as being in opposition to this zoning request. Two hours later, when the item came up for consideration by the Planning Commission, only five objectors remained in the audience. The applicant made a brief presentation, discussed the proposed development which included the construction of two unit town homes on each of the proposed lots which were then proposed for further subdivision so that these units could be sold with fee simple land title, as well as structural title. He stated, in addressing the staff's writeup, that the agreements that had been made prior to his company's involvement in the property, were just simply not applicable to their proposal. He discussed the fact that those agreements had been made prior to the time that the property had gone into receivership, and that there was just no way that they should be held liable for promises made by a previous owner. Several opponents spoke in opposition to the request, citing their belief that the question of different nonsingle family zoning in this subdivision had been answered in the previous action some time back when the various nonresidential zoning districts were approved. April 29, 1980 Item No. 12 - Continued A lengthy discussion followed. The Commission moved to approve the application as filed. The motion failed on a vote of 0 ayes, 10 noes and 1 absent. April 29, 1980 Item No. 12 - Z-3470 Owner: Applicant: Request: Purpose: Existing Zoning: Location: Site Characteristics: Size: Existing Land Use: Abutting Land Use Zoning: Zoning History: Applicable Regulations: RIM Real Tech Corporation Fred J. Brei, Jr. Rezone to "MF -12" Multifamily Town House Development "R-2" Single Family Pecan Lake, Phase II Open 22 Acres + Vacant North - Park, Zoned "R-2" South - Single Family Zoned "R-2" East - Vacant - Zoned "R-2" West - Single Family and Vacant Zoned 110-3" and "R-2" None Zoning and Subdivision Ordinances FACTUAL INFORMATION April 29, 1980 Item 12 1. NEED AND/OR DEMAND The applicant states the intention of constructing town houses with two units per lot. This proposal would effectively double the density previously established. 2. COMPATIBILITY WITH MUNICIPAL PLANS The Suburban Development Plan calls for this area to be developed for single family dwelling purposes. There would be likelihood of arguing that this proposed development would not do harm to the plan. 3. EFFECTS ON ENVIRONS No particular adverse environmental impacts are expected. 4. NEIGHBORHOOD POSITION About two years ago this neighborhood went through a lengthy and heated zoning battle, which resulted in the nonresidential zoning along the Stagecoach Road frontage. There are bitter feelings hanging on after that action, which continue to fester. It is expected that several neighboring property owners will oppose this request. 5. PUBLIC SERVICES/EFFECT ON No adverse comments have been received. 6. UTILITIES/EFFECT ON No adverse comments have been received. 7. EFFECT ON PUBLIC FINANCES No significant financial impacts are expected. 8. LEGAL CONSIDERATIONS/REASONABLENESS The property abuts 110-3" zoning to the west in part, and a park to the north. All other zoning is for "R-2" Single Family use. The proposed development is reasonably compatible with the existing development in the area. The town house scheme would likely fit into the neighborhood without adverse impacts. April 29, 1980 Item No. 12 - Continued 9. STANDARDS OF QUALITY No standards of quality have been addressed. 10. TRAFFIC AND STREET RIGHT-OF-WAY There are no traffic right-of-way issues. ANALYSIS This whole subdivision was a major source of controversy over a year ago. The zoning now applied was accomplished through a lengthy negotiation process between developers, residents and the Board of Directors. Several of the agreed upon details were never complied with by the developers. STAFF RECOMMENDATION: The staff recommends denial.