Item 15: Rezoning 104 Acres Near intersection of FM-110 and Staples Road to Character District “CD-3”

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COSM_Admin

Administrator
Staff member
Receive a Staff presentation and hold a Public Hearing to receive comments for or against Ordinance 2023-39, amending the Official Zoning Map of the City in Case No. ZC-23-13, by rezoning approximately 104.179 acres of land generally located southeast of the intersection of FM-110 and Staples Road from “CD-4” Character District-4 and “CD-5” Character District-5 to “CD-3” Character District-3, or, subject to consent of the owner, another less intense zoning district classification, including procedural provisions; and providing an effective date, and consider approval of Ordinance 2023-39, on the first of two readings.
 

JHughson

CoSM Members
What about the CD-5 in the middle of FD that is not hatched as "Subject Property" on the map? (presentation slide 4, page 971)
Will it remain CD-5 or are there other plans?
 

JHughson

CoSM Members
I know that they will be under the LDC from 2007, but can we enforce current water protection codes? I recall Shannon saying something to that effect on a different case but it might have been a different type of situation.
 

COSM_Admin

Administrator
Staff member
Responses provided by Amanda Hernandez, Director of Planning & Development Services & Sam Aguirre, City Attorney:
What about the CD-5 in the middle of FD that is not hatched as "Subject Property" on the map? (presentation slide 4, page 971)
Will it remain CD-5 or are there other plans? That portion is not part of this request and will remain CD-5. Staff is unaware of any plans for that area.
I know that they will be under the LDC from 2007, but can we enforce current water protection codes? I recall Shannon saying something to that effect on a different case but it might have been a different type of situation.
The new Development Code regulations (2018) and Flood Damage Prevention Ordinance (2016) could not be enforced because of the determination of vesting in the settlement agreement and because flood protection regulations are not vested under Section 245 of the Local Government Code unless they are applicable only in a flood plain.
 
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