To: Mark Hafner, City Manager
From: Sarah Hensley, Director of Community Development
Subject:
Title
PUBLIC HEARING: Consider an ordinance approving a Planned Development (PD) amendment and rezoning a portion (11.94 acres) to Single Family Residential-36,000 square-foot lots, 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-23-0002)
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 11.94 acres proposed for single-family residential development.
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 residential development on 11.94 acres
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 15.05 acres for the Birch tennis facility. The remaining 11.94 acres will no longer be a part of the PD, and are intended to be developed as a 14-lot single family residential subdivision under SF-36 zoning guidelines.
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 proposed changes to the PD development standards approved in 2017 are detailed in the Applicant’s mark-up included as Staff Attachment A and summarized 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 11.94 acres proposed for single-family residential development
Citizen Input:
On July 13, 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.
As of today, staff has received signed opposition letters from 9 properties within the 200’ buffer around the subject property, totaling 20.02% of the property within that buffer and thus triggering a supermajority vote.
Summary:
Section 8.02 (D.1.e) of the UDC states that when considering a zoning change request, which includes a PD Amendment, the Planning and Zoning Commission and 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.
Planning & Zoning Commission Recommendation:
At the July 25, 2023, Planning & Zoning Commission meeting, Commissioners unanimously recommended approval of the Planned Development Amendment/Rezone request as presented.
Alternatives:
The City Council has the following options when considering a Planned Development Amendment or Zoning Change Request:
§ Approve as submitted (Planning and Zoning Commission recommendation).
§ Approve with modified or additional condition(s).
§ Table the agenda item to a specific date with clarification of intent and purpose.
§ Deny.