Title
Approving an ordinance on second reading with a caption reading: AN ORDINANCE OF THE CITY OF PFLUGERVILLE, TEXAS, AMENDING ORDINANCE NO. 1015-09-09-08 OF THE CITY OF PFLUGERVILLE, TEXAS, AS AMENDED, BY CHANGING THE ZONING DESIGNATION OF 229.86 ACRES OUT OF THE J. DAVIS SURVEY NO. 13, ABSTRACT NO. 231 AND S. EISLIN SURVEY NO. 4, ABSTRACT NO. 265, LOCATED GENERALLY SOUTHEAST OF THE FM 685 AND E. PFLUGERVILLE PKWY INTERSECTION; FROM URBAN LEVEL 4 (CL4) TO GENERAL BUSINESS 1 (GB1) FOR 180.11 ACRES AND FROM URBAN LEVEL 4 (CL4) TO MULTI-FAMILY URBAN (MF-U) DISTRICT FOR 49.75 ACRES; TO BE KNOWN AS THE TOWN CENTER REZONING (REZ1208-02), AND PROVIDING AN EFFECTIVE DATE.
Summary
The applicant has requested 180.11 acres to be rezoned from the Urban Level 4 (CL4) district to the General Business 1 (GB1) district, and 49.75 acres to be rezoned from the Urban Level 4 (CL4) district to Multi-Family Urban (MF-U) district. In review of the request and the recent code diagnostic, the rezoning request to rezone the property from Urban Level 4 to General Business 1 was proactively extended by the City to include the land previously owned by the applicant and recently subdivided and developed with commercial uses along FM 685. The park area along the south end of the property and the utility tract to the north will remain zoned CL4 and will be evaluated for appropriate zoning as a separate application. The proposed changes will generally reflect the zoning on the land prior to the corridor rezoning in 2007.
The Comprehensive Plan identifies the area with a blend of mixed use, medium to high density residential and a regional center. Goals 2 and 3 and Policy 2.3 of the Land Use & Development Character chapter encourage infill around existing centers and at major intersections to reduce infrastructure costs and opportunities for employment, services, and growing the municipal tax base. A rezoning to the General Business 1 (GB1) and Multi-Family Urban (MF-U) district will maintain an ability to continue developing the area into a regional center with a mix of residential, retail, employment and services.
Prior City Council Action
The City Council conducted a public hearing and approved first reading of the ordinance on October 23, 2012.
Staff Recommendation
The corridor districts are intended to be reviewed periodically to determine their effectiveness and whether adjustments are needed to support the intentions of the community and landowners alike. The development pattern that has been established at the intersection of FM 685 and E. Pflugerville Pkwy reflects base development type which is the subdivision standards applicable throughout the community. Requests continue to be pursued for uses in this area which require Special Districts and cause obstacles and delays for commercial development that is in demand. The subdivision layout and the land use pressures for the area are typical of suburban developments expected at the intersection of two arterial roadways, within close proximity to a highway.
Through recent discussions with land owners in the area and as reflected in the recently completed UDC code diagnostic, the development regulations associated with the corridor districts cause confusion and a lack of certainty to how the area will develop. While automotive uses are permitted by right in the GB1 district and require a Special District in the CL4 district, heavier commercial and light industrial land uses may be considered in the CL4 district through a Special District and are not able to be considered in the GB1 district.
Understanding the concern and negative perception of additional automotive uses along FM 685, the Special District requests for Discount Tire, Bubble Clean car wash and Firestone have been approved with minor adjustments to their site design and building form. Rezoning to GB1 will remove the Special Districts for the Discount Tire and Bubble Clean car wash. The recent UDC code diagnostic identified opportunities and warrants for improvement and commercial design standards that will be proposed with future code changes to address negative perceptions associated with automotive uses in the GB1 district in particular.
The Multi-Family Urban (MF-U) district permits multi-family development to have up to 20 units per acre by right, whereas multi-family in the CL4 district is required to obtain approval through a Special District, but allowed to have a maximum of 25 units per acre under the base development type. Traditional multi-family developments are not the only residential land use permitted in the MF-U district as reflected in the table included in the attached staff report. Specific design requirements are outlined in Subchapter 9 of the Unified Development Code and remain a requirement for all multi-family development regardless if the zoning is changed.
The change in zoning is not anticipated to dramatically change the character or form of the existing or future development in the area. The change is also not anticipated to undermine the intentions of the community by reverting to the former zoning districts. The current uses in the area are allowed in both the GB1 and CL4 districts. A continuation of the GB1 zoning district along the east side of FM 685 up to Pflugerville Pkwy will retain the Comprehensive Plan's vision for a regional center in this area. Rezoning to the MF-U district will provide certainty to the community on where a multi-family development can be located on the tract vs. the flexibility associated with the CL4 district. The combination of MF-U and GB1 districts will maintain the Comprehensive Plan's vision for mixed use in this area. Staff recommends approval of the rezoning of 180.11 acres from Urban Level 4 (CL4) to General Business 1 (GB1) and 49.75 acres from Urban Level 4 (CL4) to Multi-Family Urban (MF-U) districts as requested and reflected in Exhibit "A" of the staff report.
Planning and Zoning Commission Recommendation
On October 1, 2012, the Planning and Zoning Commission conducted a public hearing and with a vote of 5-0, recommended approval of the zoning request.
Drafter
Trey Fletcher, AICP
Assistant City Manager