To: Planning and Zoning Commission
From: Sarah Hensley, Director of Community Development
Subject:
Title
PUBLIC HEARING: Consider a request to amend an existing Planned Development (PD), for The Birch Racquet and Lawn Club, on the property legally described as Block A, Lot 1 AG of The Birch Addition, being 26.99 acres, approximately 340 feet northwest from the intersection of Keller Smithfield Road and Johnson Road, zoned Planned Development 1822-Single Family Residential-36,000 square-foot minimum lots (PD 1822-SF-36), and addressed as 660 Keller Smithfield Road. Taylor Dent, The Birch Racquet and Lawn Club, Applicant/Owner. (Z-23-0005)
Action Requested:
Conduct a Public Hearing and consider a request to amend an existing Planned Development (PD) for The Birch Racquet and Lawn Club to reduce the size of the PD from 26.99 acres to 15.05 acres for the Birch tennis facility, with the remaining acres rezoned to SF-36.
Current Zoning:
Planned Development 1822-Single Family Residential-36,000 square-foot minimum lots (PD 1822-SF-36)
Proposed Zoning:
PD 1822-SF-36/Straight Zoning SF-36 for the acres removed from the PD
Future Land Use Plan (FLUP):
Private Recreation (PR)
Background:
City Council approved a Planned Development for The Birch on November 1, 2016, and an amendment to the PD on May 16, 2017. (The original PD approval and PD Amendment ordinances are included as attachments to this item.) The Applicant now proposes to reduce the size of the PD from 26.99 acres to approximately 15.05 acres for the Birch tennis facility, with the remaining acres rezoned to SF-36.
This request first went to the Commission on July 25, 2023 and included a proposal to develop the acreage removed from the PD as a 14-lot subdivision under straight SF-36 guidelines. The Commission unanimously recommended approval of the proposed changes. When the request went to City Council on August 15, 2023, a supermajority vote had been triggered, which requires six out of seven Council Members to vote in favor in order to be approved. The Council motion to approve received a 5-2 vote, which meant the request was denied.
Site Design:
The concept plan included in the agenda packet shows the proposed residential development and additional development of the tennis facilities. The Applicant will be required to follow the single-family residential construction processes outlined in the Unified Development Code (UDC) for the 14-lot subdivision. For the additional tennis facilities, an updated site plan will be required.
The Applicant’s proposed changes to the PD development standards approved in 2017 are detailed in the attached Summary Table.
Existing Roadway Access:
Keller Smithfield Road, designated a 3 Lane Collector (CRU) on the 2022 Master Thoroughfare Plan
Surrounding Zoning & Land Uses:
North: Zoned SF-36/FLUP Designation of Low-Density Single Family Residential
South: Zoned SF-36/FLUP Designation of Low-Density Single Family Residential
East: Zoned SF-36/FLUP Designation of Low-Density Single Family Residential and Semi-Public
West: Zoned SF-36/FLUP Designation of Low-Density Single Family Residential
Request:
To reduce the size of The Birch Racquet and Lawn Club PD from 26.99 acres to 15.05 acres for the Birch tennis facility, with the remaining acres rezoned to SF-36.
Citizen Input:
On August 29, 2023, the City mailed out 24 Letters of Notification for this Public Hearing to all property owners within three hundred feet (300’) of the subject site. A public hearing notice sign was posted on the site.
Staff has received one letter of opposition and six letters of support from within the 200’ buffer. An additional three letters of support came from outside the buffer.
Summary:
Section 8.02 (D.1.e) of the UDC states that when considering a zoning change request, which includes a PD Amendment, the City Council shall consider the following factors:
1) Whether the uses permitted by the proposed change will be appropriate in the immediate area concerned and their relationship to the general area and the City as a whole, and in compliance with the Future Land Use Plan.
2) Whether the proposed change is in accord with any existing or proposed plans for providing streets, water supply, sanitary sewers, and other utilities to the area, and shall note the findings.
3) The amount of vacant land currently classified for similar development in the vicinity and elsewhere in the City, and any special circumstances which may make a substantial part of such vacant land unavailable for development.
4) The recent rate at which land is being developed in the same zoning classification as the request, particularly in the vicinity of the proposed change.
5) How other areas designated for similar development will be, or are unlikely to be, affected if the proposed amendment is approved.
6) Any other factors which will substantially affect the health, safety, morals, or general welfare.
Alternatives:
The Planning and Zoning Commission has the following options when considering a Planned Development Amendment application:
- Recommend approval as submitted (with variances and conditions)
- Recommend approval with modifications or additional condition(s)
- Tabling the agenda item to a specific date with clarification of intent and purpose
- Recommend denial
City Council Action:
If the Planning and Zoning Commission takes action and makes a recommendation on this agenda item, then this Planned Development Amendment application will be scheduled for City Council action on September 19, 2023.