Title
Approving an ordinance on second reading with the caption reading: AN ORDINANCE OF THE CITY OF PFLUGERVILLE, TEXAS AMENDING ORDINANCE NO. 874-07-04-10 OF THE CITY OF PFLUGERVILLE, TEXAS, AS AMENDED, CHANGING THE ZONING DESIGNATION FOR A 5-ACRE TRACT OF LAND OUT OF THE J. DAVIS SURVEY NO. 13, ABSTRACT NO. 231, WITHIN THE CITY OF PFLUGERVILLE, TEXAS, LOCALLY KNOWN AS 2711 KELLY LANE, FROM AGRICULTURE / CONSERVATION (A) TO GENERAL BUSINESS 2 (GB2) DISTRICT FOR TRACT ONE AND TO GENERAL BUSINESS 1 (GB1) DISTRICT FOR TRACT 2; TO BE KNOWN AS THE BLACKHAWK COMMERCIAL REZONING, (REZ1011-03), AND PROVIDING AN EFFECTIVE DATE.
Summary
The attached staff report to the Planning and Zoning Commission and the City Council details the original zoning request by Mr. Paul Linehan of Land Strategies Inc. on behalf of the property owner. As noted below, a public hearing was held by the City Council on January 25 and action on the item was tabled to allow for the applicant and residents to negotiate a compromise to the proposed zoning. The first reading of the ordinance was approved on March 8, 2011.
Status
Since the public hearing on January 25, the applicant has met with area residents to negotiate a compromise to the proposed zoning. As a result of these discussions between the owner of the subject lot, Mr. Mike Ussery, and the Fairways of Blackhawk HOA a range of desirable and undesirable uses was formulated. The Falcon Pointe HOA has also been a part of the discussions. An ordinance prepared by the applicant conceptualizing the framework of the agreement was presented to the Council on March 8, 2011 by staff. Staff recommended denial of that ordinance due to the approach but the ordinance nevertheless represented the spirit of the agreement with the residents. The City Council approved an ordinance on first reading on March 8 which designated split zoning for the five-acre tract with General Business 2 (GB2) applied to the eastern portion, referred to as Tract 1, and General Business 1 (GB1) applied to the western portion, referred to as Tract 2 with no further conditions. A restrictive convenant to the benefit of both the Fairways of Blackhawk HOA and the Falcon Pointe HOA has been prepared and is pending recordation at Travis County following the approval of this second reading. The purpose of the restrictions is to integrate greater limitations negotiated by the residents with the property owner, but will not be enforced by the City of Pflugerville. The proposed restrictive covenant is shown as an exhibit to the proposed ordinance. The restrictions address uses, lighting and hours of operation.
Prior City Council Action
The Council conducted a public hearing on January 25, 2011, and approved zoning the eastern portion of the tract to GB-2 and the western portion of the tract to GB-1 on March 8.
Deadline for City Council Action
N/A
Projected Future City Council Action
None.
Fiscal Impact
N/A
Staff Recommendation
Staff recommends approval.
Planning and Zoning Commission Recommendation
With a vote of 5-0, the Planning and Zoning Commission recommended approval of a Retail zoning designation on the subject site. The proposed agreement and resulting draft ordinance have not been reviewed by the Planning and Zoning Commission.
Drafter
Trey Fletcher, AICP
Managing Director of Operations