City Council Agenda Item Report October 21, 2014

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1 City Council Agenda Item Report October 21, 2014 Contact Chance Sparks, AICP, CNUa, Director of Planning / csparks@ci.buda.tx.us SUBJECT: DELIBERATION AND POSSIBLE ACTION IN REGARD TO A REQUEST FOR AN AMENDMENT TO THE OFFICIAL ZONING MAP OF THE CITY OF BUDA TO CHANGE THE EXISTING ZONING OF MULTI- FAMILY RESIDENTIAL (MFR) TO ARTERIAL COMMERCIAL/RETAIL/OFFICE (C2/R2) FOR APPROXIMATELY ACRES OF LAND LOCATED ALONG THE NORTH SIDE OF FM 967 NEAR ITS INTERSECTION WITH COLE SPRINGS ROAD, BEING LOT 1 OF THE CREEKSIDE VILLAS SUBDIVISION. 1. BACKGROUND The City of Buda has received an application for a zoning change for a property located along the north side of FM 967, north of its intersection with Cole Springs Road, being Lot 1 of Creekside Villas subdivision, an approximately 0.75 acre lot fronting on FM 967 adjacent to the Creekside Villas Senior Village community. The lot is currently zoned Multi-Family Residential (MFR) and falls within the Gateway Corridor Overlay District (O-G) along FM 967. The purpose of the Gateway Corridor Overlay District is to provide land development standards along major arterials, such as FM 967, that maintain and enhance the visual integrity of the corridor in order to make the community attractive. The intent is to provide the base zoning necessary to develop a use that is permissible under the Arterial Commercial/Retail/Office (C2/R2) district. At this time, this request is for a zoning map amendment only. Staff has not received applications for subdivision, site development, or building construction. The subject lot was platted at the time of the initial development of the Creekside Villas Senior Village in 2009 and has remained undeveloped, though there is an existing waterline running approximately through the middle of the property (at the bottom of the bluff) and a wastewater line along the eastern lot line. The plat shows a Joint Access Easement along the east common property line, meaning that vehicular access will be taken from the existing Creekside Villas driveway consistent with the city s and TxDOT s access management standards. Surrounding Land Uses The subject lot is within the Multifamily Residential (MFR) zoning district with the Gateway Corridor Overlay also applying to the lot. Adjacent land uses include: 44

2 East North West South Creekside Villas Senior Village apartments; Zoned MFR w/ Gateway Corridor; Undeveloped land; Zoned C2/R2 with Gateway Corridor; Arveda Alzheimer s Care Facility across FM 967 and undeveloped lots that are part of the Overlook Park subdivision; Zoned C2/R2 with Gateway Corridor; Undeveloped land that is part of the Overlook Park subdivision having a public wastewater lift station; Zoned C2/R2 with Gateway Corridor Unified Development Code Guidance Zoning changes are evaluated based on the following criteria: 1. The zoning change is consistent with the Comprehensive Plan; 2. The zoning change promotes the health, safety, or general welfare of the City and the safe, orderly, and healthful development of the City; 3. The zoning change is compatible with and conforms with uses of nearby property and the character of the neighborhood; 4. The property affected by the zoning change is suitable for uses permitted by the proposed amendment to the zoning map; 5. Infrastructure, including roadway adequacy, sewer, water and storm water facilities, is or is committed to be available that is generally suitable and adequate for the proposed use. 2. FINDINGS/CURRENT ACTIVITY The following constitutes an evaluation of the proposed zoning change using the UDC s criteria: 1. The zoning change is consistent with the Comprehensive Plan; Pertinent excerpts from the Buda 2030 Comprehensive Plan as well as the Future Land Development Plan contained within it are attached. Page 213 of the Comprehensive Plan indicates Neighborhood Shopping Centers and Office uses are appropriate in the Green Growth Area. Page B-1 of the Comprehensive Plan identifies C2/R2 zoning as conditionally appropriate in the Green Growth Character District, meaning that it is appropriate depending on the particular property & location. In this case, the property is an outlot of the adjacent multifamily facility to the north/east, and is situated along the upward curve on FM 967, with similar C2/R2 zoning to the north and west. Staff is aware of concerns along this stretch of roadway, primarily due to limited site distance of and for eastbound traffic as it traverses the curve. Roadway improvements currently under construction, along with proposed joint driveway access may benefit this property s otherwise peculiar location. This Lot is within the Green Growth District due to its location west of Onion Creek; although, the Heritage District is very close, beginning on the east side of Onion Creek. This Lot is not within a Node, but is not far from the Downtown Node. 2. The zoning change promotes the health, safety, or general welfare of the City and the safe, orderly, and healthful development of the City; Staff has not identified critical issues with the potential uses in the C2/R2 district that would negatively affect the health, safety or general welfare of the City and the safe, orderly and healthful development of the City. Some uses permitted within the base C2/R2 district are prohibited by the Gateway Corridor Overlay, such as vehicle sales and body shops. The most critical concern likely involves visibility for site ingress/egress. While currently an issue, construction currently underway will result in two travel lanes, a center turn lane and shoulders on FM 967. In addition, the changes to FM 967 will increase the site distance by approximately 200 feet in order to improve safety. This road project will likely be completed prior to any business occupying the subject property. 45

3 3. The zoning change is compatible with and conforms with uses of nearby property and the character of the neighborhood; Adjacent uses include the Creekside Villas Senior apartments to the north/east and undeveloped land to the north. The senior apartments appear to be the most immediate use that would be impacted by this zoning change and subsequent development of the Lot; though it is common for a residential development to reserve a lot along arterial street frontage for a complimentary commercial/retail/office use. Such is the case with this property, except that the prior owners did not take the additional step at the time of development to make the necessary zoning change. The undeveloped properties to the north and across FM 967 are zoned as Arterial Commercial/Retail/Office (C2/R2) which are compatible with the C2/R2 zoning being requested for the subject lot. The subject lot may be unique in its location on the westbound side of FM 967, whereas most of those undeveloped C2/R2 properties are on the west side. That being said, the property immediately north and on the westbound side of FM 967 is zoned C2/R2. Current limited site distance around the curve on FM 967 should be improved with planned roadway improvements which includes removing a portion of the hill, resulting in an additional ~200 feet of site distance. Across Onion Creek to the east is the Buda Elementary School Lower Campus (~420 feet from property line to property line). Adjacency compatibility and buffer standards are contained within the Unified Development Code, including requirements for buffer yards abutting adjacent multifamily residential uses. 4. The property affected by the zoning change is suitable for uses permitted by the proposed amendment to the zoning map; The Lot is 0.75 acres, with a bluff on the western portion, and the eastern half being relatively flat. The small lot size would likely negate certain uses that would otherwise be permissible in the C2/R2 district; any use would have a relatively small footprint in order to account for parking, required landscaping, water quality/stormwater facilities and maximum impervious cover of 70%. The applicant will be required to comply with applicable development standards such as maximum impervious cover, water detention/quality, buffering, gateway corridor standards, pursuant to the Unified Development Code. 5. Infrastructure, including roadway adequacy, sewer, water and storm water facilities, is or is committed to be available that is generally suitable and adequate for the proposed use. 3. FINANCIAL IMPACT N/A This zoning change does not negatively affect infrastructure capacity or adequacy. Water, sewer, and storm water facilities are present on or near the site. The FM 967 expansion project will result in a center turn lane in front of this property, along with wider shoulders and a sidewalk. 46

4 4. ACTION OPTIONS & POTENTIAL IMPACT MATRIX Action Option Pros Cons Approve the zoning change. Affirms the recommendation of the Planning & Zoning Commission. Proposed zoning change appears to meet the criteria for a zoning change as presented in the UDC, and in a manner generally consistent with the Buda 2030 Comprehensive Plan. Certain goals & objectives of the Buda 2030 Comprehensive Plan are furthered, particularly in regard to locating neighborhood-serving commercial services near places of residence. May provide useful services to the adjacent multifamily retirement apartments. Economic benefit. Concerns still present regarding site distance, though mitigated by road construction currently taking place. Some residents of Creekside Villas may feel their concerns were not considered, though none attended the Planning & Zoning Commission hearing. Decline to approve All risk of increased incompatibility caused by the zoning change eliminated Potential for multifamily expansion still results in potential for increased vehicle trips, though not as much as a typical commercial use. Loss of potential economic benefit Does not affirm the Planning & Zoning Commission recommendation. 5. RECOMMENDATION The Planning & Zoning Commission recommended approval unanimously at its October 14 th meeting. Staff concurs with this recommendation, recommending the City Council consider approval based on the Buda 2030 Comprehensive Plan and the criteria contained in the UDC. 6. ATTACHMENTS Ordinance Future Land Use Map Zoning Map 2030 Comprehensive Plan Excerpts Sight Distance Exhibits 47

5 ORDINANCE NO. - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BUDA, TEXAS AMENDING THE OFFICIAL ZONING MAP OF THE CITY TO CHANGE THE BASE ZONING FROM MULTI-FAMILY RESIDENTIAL (MFR) TO ARTERIAL COMMERCIAL/OFFICE/RETAIL (C2/R2) ON APPROXIMATELY ACRES OF LAND; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE AND PROVIDING A PENALTY CLAUSE. WHEREAS, on October 14, 2014 the Planning and Zoning Commission of the City of Buda held a public hearing regarding a request to change the zoning from Multi-Family Residential (MFR) to Arterial Commercial/Retail/Office (C2/R2) for the aforementioned acres of land being Lot 1 of the Creekside Villas Subdivision, and recommended that the request be approved by the City Council of the City of Buda; and WHEREAS, the City Council held a public hearing on October 21, 2014 regarding the request; and WHEREAS, all requirements of the City of Buda Unified Development Code pertaining to zoning map amendments have been met; and, WHEREAS, the City Council has determined that adoption of this ordinance is in the interest of the general health, safety, welfare and morals of the community; and WHEREAS, the City has determined that this ordinance was passed and approved at a meeting of the City Council of the City of Buda held in strict compliance with the Texas Open Meetings Act at which a quorum of the City Council Members were present and voting; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BUDA, TEXAS, THAT: Section 1. The base zoning of the aforementioned property, acres of land being Lot 1 of the Creekside Villas Subdivision, is hereby established as Arterial Commercial/Office/Retail (C2/R2). Section 2. The Zoning Map of the City of Buda, Texas is hereby amended to establish the zoning classification as set forth above. Section 3. All ordinances, parts of ordinances, or resolutions in conflict herewith are expressly repealed. 48

6 Section 4. If any clause or provision of this Ordinance shall be deemed to be unenforceable for any reason, such unenforceable clause or provision shall be severed from the remaining portion of the Ordinance, which shall continue to have full force and effect. Section 5. Effective Date. Pursuant to Section 3.11(D) of the City Charter, this ordinance is effective upon adoption, except that every ordinance imposing any penalty, fine or forfeiture shall become effective only after having been published once in its entirety, or a caption that summarizes the purpose of the ordinance and the penalty for violating the ordinance in a newspaper designated as the official newspaper of the City. An ordinance required by the Charter to be published shall take effect when the publication requirement is satisfied. PASSED, APPROVED AND ADOPTED on by an affirmative vote of the City Council of the City of Buda, this day of, APPROVED: Todd Ruge, Mayor ATTEST: City Secretary 49

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9 CHARACTER DISTRICTS The following Character Districts provide specifi c principles of development patterns, urban design, and planning that supplement the General Land Use Policies. Every tract of land within the study area falls within a unique character district because of various cultural, environmental, land use, or infrastructure issues. Specifi c principles have been applied that refl ect the unique qualities of each district and protect and enhance their attributes. Six Character Districts have been identifi ed. Green Growth District The goal of the Green Growth District is to balance growth and transportation pressures while protecting the environmental assets and maintaining the natural character of the district. The Green Growth District is characterized primarily by the environmental sensitivity and natural features of this area. Large heritage trees dot the landscape, and Onion Creek and Garlic Creek meander through the district, carving hills and texture into the land and creating view points and vistas. Signifi cant portions of the district fall within the Edwards Aquifer Recharge and Transition Zones, and development and activity in these areas can impact water quality. Environmental and cultural resources of this area need to be protected. Image Sources: Halff Associates, Inc. In a conservation, or cluster, subdivision, development is clustered in order to preserve land. Image Sources: archone., / danni123j FUTURE LAND DEVELOPMENT PLAN character districts Development has historically been low-density and rural in character, with homes on very large lots. In recent years, agricultural land has transitioned into mid to highpriced single-family subdivisions on smaller lots, with prices refl ecting the challenge of developing in this district. The shallow Edwards Limestone formations make this area highly vulnerable to subsurface contamination from aggressive development and faulty sewer lines or on-site septic systems. There is currently limited access to this part of Buda, with most traffi c coming from IH 35 and using one of two east/ west arterials. These arterials are at capacity and no longer New developments should conform to the character of existing development. Image Sources: JSW/D Architects, William Helsel; Halff Associates, Inc. 52 BUDA 2030 COMPREHENSIVE PLAN preserving our heritage sustaining our future 195

10 FUTURE LAND DEVELOPMENT PLAN character districts suffi cient to carry the traffi c as they are currently designed. FM 1626 is emerging as a major gateway into Buda. As improvements to this roadway north toward Austin occur, it will only become more of a gateway. Purpose The purpose of the Green Growth District is to establish protective measures for these environmental features and to protect the City s drinking water supply. Development in this district should reflect the goal of environmental protection. Cluster developments should be heavily encouraged, or possibly mandated in this district. Floodplains of Onion and Garlic Creek and their tributaries should be protected in perpetuity from development. Uses and Development Types The primary concern in the Green Growth District is the environmental impact of land uses and the pattern of development. Most land uses are permitted in this district, with the exception of those that could negatively impact the environment, such as manufacturing or other heavy industrial. Environmental protection mechanisms will be instrumental for new developments in this district. Cluster developments should be heavily encouraged, or possibly mandated in this district. Allowing density bonuses in conjunction with cluster developments is appropriate for this area and will encourage use of the zoning district. Floodplains of Onion and Garlic Creeks and their tributaries should be protected in perpetuity from development. These will also create opportunities to develop trails and promote connectivity. Remaining agricultural uses should be supported. Explore community supported agriculture opportunities in this district. New developments and roadway improvements should refl ect the rural character that is already established by existing and recent developments. The scale and design of commercial and mixed use developments should be sensitive to the rural skyline. High density residential uses should focus on clustering the footprint, rather than adding to height. Existing natural features such as trees, greenbelts, and creeks should be protected when sites are developed to the fullest extent possible. As mentioned, the arterials west of IH 35 are in need of redesign to increase capacity (such as FM 967). When TXDOT, Hays County, and the City of Buda move forward on these efforts signifi cant attention needs to be given to how these roadway improvements will affect the character of this area. Creative design such as context sensitive solutions and complete streets need to be considered in the design of future road widening in this district so as to minimize the impact on the character of this area while also enhancing the level of transportation services. Emerging Growth District The goal of the Emerging Growth District is to avoid typical sprawl by planning for residential growth while maintaining a sense of community, and also providing for the needs of new residents for retail and service uses, park and recreation opportunities, and pedestrian and bicycle access. Growth east of IH 35 is a relatively new phenomenon for Buda. In 2002, only 107 acres of this district was in the Buda corporate limits (7.5% of the then incorporated city limits), and in 2010, 12.1% of the incorporated city limits is east of IH 35. This portion of the study area is rapidly being platted for development, and with new development comes the opportunity for the City to shape that new development. Much of this land is agricultural land transitioning into residential subdivisions. There are fewer environmental concerns. Rather, the more pressing concern is the fast pace of development in this district and the fl eeting opportunity to infl uence it. IH 35 has the potential to be a physical barrier between the 196 BUDA 2030 COMPREHENSIVE PLAN preserving our heritage sustaining our future 53

11 High Density Single Family includes single-family housing on lots smaller than 0.25 acres, or greater than 4 dwelling units per acre. Attached Housing includes a scale of residential housing that falls between single-family and multi-family and includes developments where residential units are attached. This can be in the form of duplexes, fourplexes, townhomes, or rowhouses. Multifamily Housing developments are typically multi-story apartment or condominium developments where housing units are stacked. Multifamily housing is the most common type of housing found in mixed-use developments, built upon groundfl oor retail uses. Cluster Development is a type of development that allows higher density building in clusters in return for permanent conservation of envirionmentally sensitive land. Cluster developments should not be limited to residential uses. Determining Use The table to the right identifi es what uses are appropriate, conditional, or not appropriate in each Character District or Mixed Use Node. means the use is simply allowed, with minimal conditions. means the use is only allowed based on certain conditions (depending on the use and the location). And Not means the use is not appropriate in the district. There may be confl icts between Character Districts and Nodes. Where confl ict occurs, the use should be teated as CHARACTER DISTRICT AND MIXED USE NODES: APPROPRIATE DEVELOPMENT TYPES conditionally allowed, making sure it balances the goals of both District and Node. For example, regional retail in both the Regional Node and Heritage District should be permitted so long as it is developed in a manner that meets the character goals of the Heritage District. FUTURE LAND DEVELOPMENT PLAN appropriate land use types 54 BUDA 2030 COMPREHENSIVE PLAN preserving our heritage sustaining our future 213

12 BUDA 2030 AND THE UNIFIED DEVELOPMENT CODE The Future Land Development Plan of Buda 2030 identifi es Character Districts and Mixed Use Nodes that address desired development types, patterns, and appropriate uses. Chapter 7 also identifi es what general uses are appropriate in each character district and mixed use node. This appendix is intended to articulate the background of these areas and guide City staff, elected offi cials, the public, property owners, and private developers in how land should be utilized for certain areas of the city. The City in particular should use the Future Land Development Plan and articulated principles to guide decisions in updating or re-creating the City s Unified Development Code and other development regulations. To help facilitate and guide that effort, the following tables illustrate how the zoning categories of the existing Unifi ed Development Code could be applied to the Future Land Development Code. means the use is simply allowed, with minimal conditions. means the use is only allowed based on certain conditions (depending on the use and the location). And Not means the use is not appropriate in the district. This information does not constitute zoning regulations and is only intended to guide the City s effort in making adjustments to the Unifi ed Development Code and other development regulations. RESIDENTIAL DISTRICTS Agriculture (AG) Low Density Residential (LR) Medium Density Residential (MR) High Density Residential (HR) Duplex Residential (DR) Multi-family Residential (MFR) Manufactured Housing (MHR) Green Growth District NON-RESIDENTIAL DISTRICTS Neighborhood Retail (R1) Arterial Retail (R2) Interstate Retail (R3) Neighborhood Commercial/Offi ce (C1) Arterial Commercial/Offi ce (C2) Interstate-35 Commercial/Offi ce (C3) Light Industrial/Warehousing (I1) Manufacturing (I2) OTHER DISTRICTS Cluster Development (FZ1) Mixed Use (FZ2) PUBLIC OR SEMI-PUBLIC DISTRICTS School Site (FZ3) Neighborhood Park (PR1) City Park (PR2) Regional Park (PR3) Private Park (PR4) Community Facility (P1) Public Infrastructure Facility (P2) Not Not Not Not Not APPENDIX B buda 2030 and the unified development code 55 BUDA 2030 COMPREHENSIVE PLAN preserving our heritage sustaining our future B-1

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