Title
Conduct a public hearing and consider first reading of an ordinance with a caption reading: AN ORDINANCE OF THE CITY OF PFLUGERVILLE, TEXAS, AMENDING ORDINANCE NO. 1203-15-02-24 OF THE CITY OF PFLUGERVILLE, TEXAS, AS AMENDED, BY CHANGING THE ZONING DESIGNATION OF LOT 3, SKYVIEW MANOR FROM AGRICULTURE/CONSERVATION (A) TO OFFICE (O) DISTRICT; TO BE KNOWN AS THE 1207 NIMBUS DRIVE REZONING (REZ1807-01); PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.
Summary
The property is located at 1207 Nimbus Drive, along the south side of Nimbus Dr., generally southeast of the W. Pflugerville Loop and Nimbus Dr. intersection. The property is located internal to the neighborhood and is surrounded on three sides by existing single family dwellings. Access to the site is from Nimbus Drive, a local street built to a rural cross section with roadside ditches and no sidewalk. The site consists of an approximate one (1) acre platted estate lot, with an existing one-story house, two driveways, improved landscaping, and an improved ornamental fence. The property is within the Windermere Certificate of Convenience and Necessity (CCN) for wastewater and is currently served by an on-site septic system.
The applicant has proposed to rezone the property from Agriculture/Conservation to the Office (O) district, with an intent to use the existing residential structure as a professional office serving multiple employees. The current zoning district allows for single family use, but not office as a primary use.
Staff Recommendation
The property is located within a single family neighborhood and surrounded by residential properties. Access to the site is from a local street that is developed to a rural standard. The lots within the subdivision are currently served through septic or similar on-site sanitary sewer which was allowed per a note on the plat, provided the use remains single family. Should the zoning be approved and the land use allowed to change to non-residential, an extension of a public wastewater line will be required. Based on information provided by residents of the neighborhood, private restrictions are in effect for the neighborhood. While the city cannot enforce private restrictions, a change of use of the property to non-residential may have further private implications. Numerous phone calls were received from residents in the neighborhood stating strong opposition to the request.
Upon acquiring the property, the applicant began making improvements to the property. Code Compliance received anonymous feedback that adjustments were being made to the property and initiated discussions with the applicant. Through correspondence, it was found that the adjustments occurring at the property are to accommodate office use. A petition with support from several residents in the area was provided by the applicant.
The Comprehensive Plan identifies the area with a low to medium density residential land use, which is consistent with the current character of the neighborhood and use of the adjacent properties. Located internal to the neighborhood, a change of land use at this location at this time would alter the character of the single family neighborhood, and therefore staff does not recommend rezoning the subject property to the Office (O) district.
City Attorney has approved the ordinance as to form.
Planning and Zoning Commission Action
On August 6, 2018, the Planning and Zoning Commission conducted a public hearing and recommended denial of the proposed ordinance with a vote of 5-0. Per state law a three-fourths vote of the City Council is required to overrule a recommendation of denial by the Planning and Zoning Commission.
Deadline for City Council Action
Conduct a public hearing on August 28, 2018 as advertised with action required within 60 days.
Projected Future City Council Action
The second reading of the ordinance is scheduled for September 11, 2018.
Drafter
Emily Barron, AICP
Planning Director