TOWN STAFF REPORT RECOMMENDATIONS
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Hold a public hearing, discuss, consider and act to adopt Ordinance 1015 approving text amendments to PD, Planned Development District No. 3-8 generally located at the southeast corner of U.S. Highway 377 and State Highway 170; providing a penalty; providing a cumulative clause; providing a severability clause; providing a savings clause; and establishing an effective date.
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STAFF: Jason Alexander, AICP, CEcD, Deputy Town Manager
BACKGROUND:
On September 14, 1998, the Town Council approved Ordinance No. 307, that established rules and regulations to a PD, Planned Development District to direct development on Circle T Ranch. On September 14, 1998, too, the Town Council approved Ordinance No. 314 that created distinct rules and regulations for PD, Planned Development District 3-8 (“PD 3-8”). There have been subsequent amendments to PD 3-8.
Initially, the applicant contemplated text amendments to PD 3-8 that may possibly necessitate a public hearing --- hence the legal notice and public hearing --- however, the applicant is only requesting text amendments to PD 3-8 only.
Currently, as proposed, the applicant is requesting approval of several text amendments that emphasize certain land uses to be added or removed, the introduction of lot coverage to control density calculations, building height, and other aesthetic requirements.
DISCUSSION:
The various text amendments to PD 3-8 section are summarized below:
Definitions
Lot coverage. A new definition would be provided - lot coverage - and it is intended to replace the existing definition for floor-to-area-ratio (FAR). The definition provided is as follows:
• Lot Coverage means the percentage of a lot that is covered by structures, parking areas, driveways, and roadways.
Land Use Schedule
The developer is proposing various amendments to the land use schedule. It is important to note that although the developer is requesting amendments to the land use schedule where some uses are amended to be permitted by right, a formal site plan submittal would still be required to be submitted that would proceed to the Planning and Zoning Commission for recommendation and subsequent consideration by the Town Council.
• Electrical Substations --- to be permitted by right in the Office and Office/Industrial sub-areas instead of by Specific Use Permit (“SUP”).
• Utility Shop and Storage --- to be allowed as an accessory use in the Office sub-area instead of by SUP.
• Data Center --- to be permitted by right in the Office/Industrial sub-area and by an SUP in the Office sub-area.
• Art Gallery/Museums --- to be allowed as an accessory use in the Office sub-area. This use was not previously allowed in the office sub area of this zoning district.
• Motion Picture Theater --- to be permitted by right in the Office sub-area. This use was not previously allowed in the office sub-area of this zoning district.
• Warehouse/Storage (Inside) --- to be allowed as an accessory use in the Office sub-area. This use was not previously allowed in the office sub area of this zoning district.
• Warehouse/Storage (Outside) --- to be allowed as an accessory use in the Office sub-area. This use was not previously allowed in the office sub area of this zoning district.
• Light Manufacturing/Assembly to be allowed as an accessory use in the Office sub-area. This use was not previously allowed in the office sub area of this zoning district.
• Apparel Manufacturing --- to be allowed as an accessory use in the Office sub-area. This use was not previously allowed in the office sub area of this zoning district.
• Temporary Batch Plant --- to be permitted by right in the Office and Office / Industrial sub-area of this zoning district, but limited to periods of construction for the project it is used for. This use previously required an SUP in the sub-areas.
Density
Density. The applicant is proposing that the method in which density is calculated be derived from lot coverage rather than FAR. The new density calculations are as follows:
• The maximum lot coverage proposed for the Office and Retail sub-areas is to be 80 percent. The retail sub-area originally contains a 0.25:1 floor area ratio whereas the office sub-area contained 0.40:1 or 0.45:1 depending on the location within the zoning district.
• The maximum lot coverage proposed for the Office/Industrial area is to be 70 percent from the previous 0.30:1 floor area ratio.
Maximum Building Height
Building height. The developer is proposing various changes to the maximum building height requirements within the zoning district per the below:
• The maximum retail height is proposed at 120 feet from the previous two stories or 35 feet.
• The maximum office height is proposed at 120 feet from the previous lesser of five stories or 75 feet.
• The maximum office / industrial height is proposed at 80 feet from the previous two stories or 35 feet.
Landscape Requirements
Landscaping. The applicant is proposing an overall amendment to this section. The previous text is shown with a strikethrough and the new text is shown in italics below.
SECTION 9 SLOPE REQUIREMENTS NON-COMPATIBLE USE SETBACK
Section 9.1 Residential Slope Except as provided below, non single family structures shall not exceed the height of a line drawn at a slope of 5: 1 ( including streets and other rights of way) from any single family lot line. If the grade of the ground rises or falls from the point of origin of the slope line, the maximum height shall increase or decrease by the difference in grade. A Minimum 150 foot setback required between a single family, detached residential use and non-commercial uses.
Section 9.2 Roadway Slope Except as provided below, non- single family structures shall not exceed the height of a line drawn at a slope of 2: 1 ( including streets and other rights of way) from any right-of-way line of any roadway. If the grade of the ground rises or falls from the point of origin of the slope line, the maximum height shall increase or decrease by the difference in grade. A landscaped buffer yard required between single family, detached residential use and non-commercial uses. A buffer yard shall consist of berming, trees, shrubs, landscaping, fencing or any combination of these as approved by the Town Council with the site plan approval.
The proposed amendments to the text of PD 3-8 generally support land uses and development patterns that are consistent with the existing urban context. However, to ensure that the interpretation of the text amendments are predictable and expedient, there are some clarifications proposed in the recommendation provided by the Department of Planning and Development.
DEPARTMENT OF PLANNING AND DEVELOPMENT RECOMMENDATION:
The Department of Planning and Development recommends approval of the text amendments to PD 3-8 with the following conditions:
1. That an additional note be added to the Permitted Uses Table to read as follows: “After site plans have been submitted for the first data center in the Office / Industrial Sub-district for review and approval; each successive data center thereafter shall require a SUP. This restriction shall only apply in the Office/Industrial Sub-district.”;
2. That, for the design and construction of the first data center in the Office/Industrial Sub-district only, the exterior finish material requirements and other architectural features contained in the building quality manual only apply to the building facades facing United States Highway 377 and residential properties;
3. That utility shop and storage, warehouse/storage (inside), warehouse/storage (outside), light manufacturing and apparel manufacturing only permitted as accessory uses to a movie studio only;
4. That a provision be added into the text of PD 3-8 exempt movie studios from the building quality manual and that such architectural review and approval shall be subject to that of the town planner;
5. That Section 9 be titled: “BUFFER REQUIREMENTS”;
6. That Section 9.1 be entitled: “Non-Compatible Use Setback”; and
7. That Section 9.2 be entitled: “Landscape Buffer”.
PLANNING AND ZONING COMMISSION RECOMMENDATION:
The Planning and Zoning Commission met on December 10, 2024, and, with a vote of (5-1-1, with one absence), recommended approval of the text amendment requests for PD 3-8.
TOWN COUNCIL ACTION / OPTIONS:
1) Motion to adopt Ordinance 1015 as presented;
2) Motion to approve with additional conditions (please state additional conditions in motion);
3) Motion to deny; OR
4) Motion to table (must table to a specific date).
ATTACHMENT(S):
1. Developer’s Requested Amendments to Ordinance No. 314
2. Draft Amending Ordinance for PD 3-8
3. Exhibit A - Legal Description
4. Exhibit B - Concept Plan
5. Exhibit C - Amended Development Standards