CC MEETING: May 7, 2013
DATE: April 17, 2013
TO: Leonard Martin, City Manager
FROM: Christopher Barton, Chief Planner
Title
Consider A Letter Requesting A Waiver To The “One-Year Rule” For Reapplication of a Zoning Change Request Regarding Case No. 05-12Z1 MacArthur Drive at Trinity Mills Road.
Body
BACKGROUND:
On April 2, 2013 the City Council denied two requests regarding an approximately 6.83-acre site located on the northwest corner of the intersection of MacArthur Drive and Trinity Mills Road (President George Bush Turnpike). The requests were to amend the City's Land Use Plan to change the site's use from high-intensity commercial to multi-family residential, and to change the zoning from the (LI) Light Industrial District to a planned development district based on the (TC) Transit Center District, Urban General Sub-District, with modified development standards.
According to the City's Zoning Ordinance, all denials by City Council of zoning change requests are made with prejudice against filing another zoning change application on the same property within twelve months of the denial, except: (a) at the request of the City Council; or (b) upon written request by the applicant the City Council may waive the twelve (12) month waiting period and permit a new application to be filed. Such request for waiver may be set for a public hearing if required by a majority vote of the City Council.
There is no similar one-year prejudice regarding amendments to the Land Use Plan.
The applicant of Case No. 05-12Z1, Larry Moser, has submitted a written request asking the City Council to waive the twelve-month waiting period and allow him to modify his proposal and re-apply in the near future.
The City Council's action is only to consider allowing the applicant to file another zoning change application on the subject property. It is not an action of further consideration regarding the merits of the original case or of any new application. Note also that appr...
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