Weighing the options

Weighing the options

Written by Kathy Lesko Monday, 07 August 2006

City council members balance cities’ interests and zoning requests

Sustaining a city’s financial viability involves a fine balance of residential and commercial properties. This mix provides a much-needed diversified tax base and economic stability that allows a city to grow and thrive.

It is the job of the city councils in both Leander and Cedar Park to ensure that property is zoned with the best interest of the city in mind. Sometimes, however, the council’s decision not to approve a landowner’s request for rezoning leaves individuals frustrated and confused, wondering where the process failed them.

Leander Zoning Sparks Controversy

At a July 20 meeting, the Leander City Council approved a rezoning request by a Brushy Street couple to have their property zoning changed to TOD/PUD, the first of its kind since the city initiated its much-anticipated Transit Oriented Development. At the same meeting, a request for an identical rezoning only a block away on Atkin Street was denied, leaving those property owners asking why.

David Hutton, Leander’s city planner, explains that zoning codes give the city the all-important option to say “no,” but at the same time maintain the landowner’s rights to use their property within the rules of the district in which it’s zoned.

Hutton said if a rezoning request is met with opposition in the form of a petition signed by 20 percent of the property’s surrounding landowners (as was the case with the Atkin Street request), a super-majority vote by the Council is required to override the denial.

Landowners can submit another rezoning application if they wish to pursue the issue, but must wait six months if the application was denied by a majority vote.

How Zoning Works

When a landowner decides he wants to rezone, he begins the process with state-mandated notifications to neighboring property owners and newspaper announcements. There are then two hearings, one before the Planning & Zoning Commission and another before the City Council.

“The Planning & Zoning Commission listens to the landowner’s reasons for the request and makes recommendations to the City Council to either approve or disapprove,” Hutton explains. “The Commission can also suggest an alternative zoning, as long as its use is not more intensive than what was originally advertised in the public notices.”

The entire rezoning process can take a little under two months. There is no designated time limit as to how long the council can take to consider a rezoning request, and it can be tabled for vote at a future council meeting.

For land that is annexed into the city limits, Leander zones all property at the time of annexation as single-family rural, allowing for single family development as well as agricultural uses, unless the landowner submits a zoning request at the time of annexation. In Cedar Park, land that is annexed by the city is zoned as development reserve, and remains in a type of holding pattern until an application for original zoning is submitted.

Zoning Ordinances and Future Land Use

Both cities have negotiated zoning districts called planned unit developments (PUDs) that allow them the opportunity to “create” a zoning district the city may not already have.

Leander has taken this concept and built upon it, creating a composite zoning ordinance. Established in September of last year, the ordinance applies to standard zoning districts within the city. It provides landowners with more than 100 different combinations that will afford more flexibility in qualifying for particular zoning districts.

Hutton explains that there are three different components to the ordinance. They include the type of use for a building or structure, the uses available on the site outside the building, and an architectural component that establishes particular architectural standards for the site. The city was just awarded an Innovative Planning Award from the Central Texas section of the American Planning Association for this innovative approach to zoning.

Duane Smith, Cedar Park’s planning & transportation director, points to the importance of the Future Land Use map in considering city-wide needs and land use.

“We need to plan for the future, and to take into account the way we think the city should be balanced,” he says. “It can provide valuable recommendations on the types of zoning districts and their intensity when looking at zoning uses versus future land use.”

Smith adds that this process, while intimidating at times to landowners, can be a valuable tool in determining the best zoning decision for their land.

Cedar Park Zoning Districts

• R-1 Single Family Residential: 15,400 sq. ft. lot min., 1200 sq. ft. min. living area, low density residential
• R-1B Single Family Residential: 7,425 sq. ft. lot min., 1200 sq. ft. min. living area, low density residential
• R-1C Single Family Residential: 6,000 sq. ft. lot min., 1100 sq. ft. min. living area, low density residential
• R-1D Condominium/Townhouse: 4 acre min., 1200 sq. ft. min. living area, medium density residential
• R-2B Duplex Residential: 10,890 sq. ft. lot min., 900 sq. ft. min. living area, medium density residential
• R-2C Multi-Family Residential: 12,000 sq. ft. lot min., 650 sq. ft. min. living area, high density residential
• M-1 Mobile Home Residential: 7,920 sq. ft. lot min., mobile homes
• O-1 Neighborhood Office: Low intensity office and professional uses located adjacent to residential areas, uses are more compatible with adjacent residential areas by having limited hours of operation, small building scale, and architectural and landscape features that are consistent with residential style, can be buffer district (ex. medical, professional or administrative offices)
• GO-2 General Office: Office buildings and businesses that support large office complexes, uses serve the community as a whole and provide for regional employment opportunities (ex. regional offices, medical clinics, vocational schools, allows all uses permitted in O-1)
• C-1 Neighborhood Commercial: General retail trade, business, and service uses located adjacent to residential areas, uses are more compatible with adjacent residential areas by having limited hours of operation, small building scale, and architectural and landscape features that are consistent with residential style (ex. antique shops, coffee shops, beauty salons, professional offices)
• C-2 Community Commercial: Office and retail businesses intended to serve the overall community, with a larger market than the immediate neighborhoods in the area (ex. automobile parts sales, banks, grocery stores, convenience stores, drugstores, restaurants, allows all uses permitted in C-1)
• GB-3 General Business: Business activities typically large in scale and designed to serve the community and region, located at pulse points/activity nodes at the intersection of arterial roadways or with direct access to major arterial roadways
• C-3 Commercial Services: Business and commercial activities typically more intensive than consumer retail enterprises, often larger in scale, and often are designed to serve the region
• C-4 Heavy Commercial: Heavy commercial activities typically more industrially related and generally designed to serve the region (ex. wrecker impoundment, commercial distribution centers, lumberyards, contractor storage yards, truck stops)
• R&D-3 Research and Development: Major business, strengthen the economic development corridors within the city, and attract firms to expand their operations by establishing locations for business park complexes and campuses, with appropriate transition zoning from existing and/or proposed residential areas (ex. corporate office buildings, light manufacturing, processing and assembly, research facilities and laboratories, software development)
• LI-3 Light Industrial: Commercial services and limited manufacturing operations contained principally within an enclosed structure (ex. custom manufacturing, light manufacturing, processing and assembly, limited warehousing and distribution, limited wholesale sales)
• HI-5 Heavy Industrial: Heavy industrial uses, diversifying and broadening the economic base (ex. concrete plants, general manufacturing, processing and assembly, general warehousing and distribution, general wholesale sales, stone cutting)
• OSG Open Space Greenbelt: Protects dedicated greenbelts and parklands, develops and implements a system of “greenway” parks and links home, retail, employment centers, parks, and nature preserves (ex. passive outdoor sports and recreation)
• OSR Open Space Recreation: Provides parks and recreational opportunities throughout the community that responds to a broad variety of recreational needs
• R/A Rural/Agricultural: Preserves principally undeveloped or vacant land for future development while allowing agricultural uses DD Downtown: Special district regulations applied to area within the boundaries defined as north of East Whitestone Blvd., west of 183A Toll Rd., east of the Capital Metro railroad right-of-way, and south of New Hope Dr.
• PUD Planned Unit Development: Custom zoning, can be any of the uses allowed in the City, intended to be unique or superior product

Leander Zoning Districts

• Single Family-Rural: 1 acre lot min.; 1,600 square foot living area min.
• Single Family Estate: 12,000 sq. ft. lot min.; 1,600 sq. ft. living area min.
• Single Family Suburban: 9,000 sq. ft. lot min.; 1,500 sq. ft. living area min.
• Single Family Urban: 7,200 sq. ft. lot min.; 1,200 sq. ft. living area min.
• Single Family Compact: 5,500 sq. ft. lot min.; 1,100 sq. ft. living area min.
• Single Family Limited: 3,500 sq. ft. lot min.; 1,000 sq. ft. living area min.
• Single Family Townhouse: 2,000 sq. ft. lot min; 900 sq. ft. living area min.
• Single-Family Urban, Manufactured Home: 7,200 sq. ft. lot min.; 1,200 sq. ft. living area min. for site built; 720 sq. ft. min. for man. home.
• Two-Family: 9,000 sq. ft. lot min.; 1,200 sq. ft. for s.f. home, 900 sq. ft. per unit for 2 - family.
• Multi-Family: Apartments (25 un./ac. if Type A; 18 un./ac. if Type B)
• Local Office: Office, assisted living, day care. Hours of operation 7:00 a.m. to 10:00 Sun.-Thurs., 7:00 a.m. to 11:00 p.m. Fri. and Sat.
• Local Commerical: Any use in LO plus retail sales and services, restaurants, banks, nursery or greenhouse, grocery sales, pharmacies, fitness centers, dance and music academies, artist studio, colleges and universities, bed and breakfast. Hours of operation 5:00 a.m. to 10:00 Sun.-Thurs., 5:00 a.m. to 11:00 p.m. Fri. and Sat.
• General Commerical: Any use in LC plus bar, nightclub, entertainment venues, hospital, hotel, liquor store, office/warehouse, vehicle and equipment sales, leasing and repair, furniture sales, pet shop, wholesale activities less than 3,500 sq. ft.
• Light Industrial: Any use in GC plus commercial laundry, contractor storage yard, lumber yards, indoor manufacture, assembly and processing, mini-warehouse, RV, trailer and boat storage, SOB’s, testing and research, warehouse and distribution, wholesale, wrecker impoundment.
• Heavy Industrial: Any use in LI plus outdoor manufacture, assembly and processing.

Site Components:

• Type 1: Accessory buildings greater of 5% of primary building or 120 sq. ft.; 150% of standard landscaping; pedestrian scale signage and lighting; scale of buildings limited; mansion style multi-family; alley access to SFL and SFT; accessory dwellings for SFT and SFE.
• Type 2: Accessory buildings greater of 10% of primary building or 120 sq. ft.; accessory dwellings for SFR, SFE and SFS; drive-thru service lanes; uses not to exceed 40,000 sq. ft.
• Type 3: Accessory buildings up to 30% of primary building; accessory dwellings; drive-thru service; limited outdoor display and storage; outdoor fueling and washing of vehicles; overhead service doors.
• Type 4: (non-residential only): Accessory buildings up to 60% of primary building; drive-thru service; outdoor fueling and washing of vehicles; overhead service doors; maximum outdoor display; substantial outdoor storage; outdoor entertainment venues and animal boarding.
• Type 5: (non-residential only): Accessory buildings; drive-thru service; outdoor fueling and washing of vehicles; overhead service doors; maximum outdoor display and storage; outdoor entertainment venues and animal boarding.

Architectural Components:

• Type A: 85% masonry; 5 or more architectural features.
• Type B: 85% masonry 1st floor, 50% overall; 4 or more architectural features.
• Type C: (non-residential only): 35% masonry (60% street facing); 3 or more architectural features.
• Type D: (non-residential only): 35% masonry (60% street facing); metal siding for remainder not facing a street; 2 or more architectural features.