Transmitted herewith is a request to set the date of public hearing as November 10, 2014 for a request by the GMJ2 Industries to rezone 61.11 acres from “A-1” Agricultural District, “C-2” Commercial District and “M-1” Light Industrial District to “R-1,R-P” Planned Residence District, located at the northeast corner of East Shaulis Road and Texas Street, directly east of Highway 218.

It would not appear that the rezone would have a negative impact upon the surrounding area or other surrounding land uses.  Also, the proposed rezone request will increase traffic on the surrounding streets when fully developed.  A negative impact is not expected to be significant and can be minimized through access control, traffic control devices, and geometric design improvements when needed.  Roads adjacent to the rezone area are East Shaulis Road, which is classified as a Collector, Texas Street, which is classified as a Local Street, and Highway 218, which is classified as a Principle Arterial.

The majority of the rezone area is located within a Special Flood Hazard Area (Zone AE, 100-year floodplain) as indicated by the Federal Insurance Administration's Flood Insurance Rate Map, Community Number 190025 and Panel Number 0308F, dated July 18, 2011.  There are some areas on the south and east sides of the property that is not located within a floodplain.  A portion of the Floodway of Sink Creek encroaches on the northern part of the parcel in question.  The applicant has submitted a conceptual plan that shows the land being platted into 80 residential lots with a new street network.  The lot layout, as submitted, develops lots along the northern portion of the site, but south of the Floodway District.  This would appear to help reserve the Floodway designated areas to continue to allow for proper drainage.  It would appear that the lots start 100’ to 150’ south of the north property line.  When the site is developed for residential purposes, the new structures would need to adhere to the floodplain provisions noted within the Zoning Ordinance, most notably that the lowest floor elevation shall be at least 1’ above the 100-year floodplain elevation.  The engineer for the applicant noted that they intend to excavate areas on the site for two to three ponds, with the fill that is excavated from those ponds to be used to elevate the property out of the floodplain.  There are also plans to clean out the floodway channel of debris to allow for better flowage of water.  The applicant intends to file a Letter of Map Revisions (LOMR) with FEMA to remove the site from the floodplain.

The Future Land Use Map designates this area as Industrial.  This rezone request is not in conformance with the Future Land Use Map and Comprehensive Plan for this area.  If the rezoning of the property is approved, the Future Land Use Map should be amended to reflect the projected development of this land for Low Density Residential uses.  The site in question is located within the Primary Growth Area and can be served by the extension of existing utilities in the area.

A conceptual plan has been submitted that shows the potential for 80 residential lots and a street network to serve those lots.  The “R-1,R-P” Planned Residence District would only allow for one and two family uses, and any residential use with a higher density than that would need to be in a zoning district zoned for multiple family uses.  The applicant’s engineer has noted that the property owner wants this development to be for single-family uses only.  Per the conceptual plan, there would be lots developed that would abut the industrial uses to the north.  Sink Creek runs parallel to the north lot line of the rezone area, and when the site is developed for residential uses, the northern lots will be 100’ to 150’ from the overall north property line of the site.  The floodway area consists of a large number of trees, which could buffer the residential uses from the industrial uses to the north.

At the October 14, 2014 Planning, Programming and Zoning meeting, the Commission voted unanimously in favor of the rezone request, with the condition that uses within the rezone area be limited to single-family uses.  Please find attached to this letter a staff report, aerial photo and legal description.

It should be noted that staff as well as other City officials have been receiving concerns and opposition from property owners within the surrounding area, noting concerns on drainage, water runoff, excess traffic, crime, etc.

Therefore, staff would request to set the date of public hearing as November 10, 2014 for a request by the GMJ2 Industries to rezone 61.11 acres from “A-1” Agricultural District, “C-2” Commercial District and “M-1” Light Industrial District to “R-1,R-P” Planned Residence District, located at the northeast corner of East Shaulis Road and Texas Street, directly east of Highway 218.