B-02 (C814-96-0003.16 - Pioneer Crossing PUD Amendment #16; District 1)

Zoning and Platting Commission – May 5, 2020

B-02 (C814-96-0003.16 - Pioneer Crossing PUD Amendment #16; District 1) — original pdf

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Z.A.P. DATE: March 31, 2020 canceled (Pioneer Crossing PUD Amendment #16) ZONING CHANGE REVIEW SHEET CASE: C814-96-0003.14 ADDRESS: 3124 East Parmer Lane DISTRICT AREA: 1 APPLICANT/OWNER: RH Pioneer North, LLC (Jordan Litwiniak) AGENT: City of Austin – Planning and Zoning Department (Sherri Sirwaitis) May 5, 2020 AREA: 376.25 acres ZONING FROM: PUD TO: PUD SUMMARY STAFF RECOMMENDATION: The staff’s recommendation is to grant the 16th amendment to the Pioneer Crossing PUD. ZONING AND PLATTING COMMISSION RECOMMENDATION: DEPARTMENT COMMENTS: The Pioneer Crossing Planned Unit Development (PUD) was approved by Council in 1997. On October 17, 2019, the City Council approved the 14th amendment to the PUD through Ordinance No. 20191017-064. The 14th amendment inadvertently omitted the following language in Part 7(C)(6) of the original PUD ordinance: [or those improvements that may be otherwise required by the City of Austin or specifically authorized under this ordinance.] The accidental omission of this language limits the types of improvements the City may require near an open waterway with upstream drainage. Therefore, the staff placed an item on the February 18, 2020 Zoning and Platting Commission agenda to request that the Commission initiate this new PUD amendment case to rezone the property to reinsert that language. This case is a result of the ZAP Commission rezoning initiation. 1 1 of 38B-02EXISTING ZONING AND LAND USES: ZONING Site North County, I-SF-4A PUD South East West LI-PDA, PUD (Pioneer Crossing PUD) PUD (Pioneer Crossing PUD), County, W/LO County LAND USES Undeveloped Undeveloped, Single Family Residences, Single Family Residential Subdivision (Cantarra Meadow) Samsung Manufacturing, Undeveloped Tracts Undeveloped (Farmland), Manufactured Housing Subdivision (River Ranch), Single Family Residences, Stables (Rocking B Stables) Undeveloped TIA: Not Required HILL COUNTRY ROADWAY: No AREA STUDY: N/A WATERSHED: Harris Branch CAPITOL VIEW CORRIDOR: No NEIGHBORHOOD ORGANIZATIONS: Austin Neighborhoods Council Bike Austin Friends of Austin Neighborhoods Harris Branch Residential Property Owners Association Homeless Neighborhood Association Neighborhood Empowerment Foundation North Gate Neighborhood Association North Growth Corridor Alliance Pflugerville Independent School District SELTEXAS Sierra Club, Austin Regional Group AREA CASE HISTORIES: NUMBER C814-96-0003.15 (Pioneer Crossing PUD Amendment #15: 10930 Defender Trail, Sprinkle Cut Off Road and Samsung Boulevard, Samsung Boulevard and East Braker Lane) REQUEST PUD to PUD: The applicant is requesting a 15th amendment to the Pioneer Crossing PUD to address the interpretation of Part 13 of the original PUD ordinance (Ordinance No. 970410-I), that states the following: COMMISSION 10/03/19: Approved the staff’s rec. for PUD zoning to modify the language for Part 13 of the original PUD Ordinance No. 970410-I as shown in Exhibit A and to dedicate an eight (8) acre parcel of land CITY COUNCIL 10/31/19: Approved staff’s recommendation for PUD zoning on all 3 readings (10-0, A. Alter-off dais); N. Harper-Madison-1st, 2 2 of 38B-02C814-96-0003.14 (Pioneer Crossing PUD Amendment #14: 3124 East Parmer Lane) along Parcel W23 as additional parkland to the City. , with an additional requirement for the applicant/property owner to construct a hike and bike trail within the 8.11 additional parkland area (8-2, H. Smith and B. Evans-No); N. Barrera-Ramirez-1st, D. King-2nd. 9/17/19: Approved of the staff’s recommendation for PUD zoning, with the addition of the Environmental conditions as noted in Exhibit A and with a recommendation to send the case to the Environmental Commission for consideration (10-0, B. Evans-absent); E. Goff-1st, H. Smith-2nd. 10/17/19: The public hearing was conducted and a motion to close the public hearing and approve Ordinance No. 20191017-064 for PUD district zoning, to change a condition of zoning was approved on Council Member Renteria's motion, Council Member Ellis' second on a 10-0 vote. Council Member Tovo was off the dais. earlier In the Parkland “PART 13. fulfillment of City dedication requirements for all Pioneer of the PUD, Crossing Owner shall dedicate Parcels Nos. W10, W20, W23, and E17 to the City at the time of final plat for land contiguous to said parcels, unless the City parks Department requires dedication.” PUD to PUD: The applicant requested a 14th amendment to the Pioneer Crossing PUD to to reallocate mixed use density residential (MDR) units in this portion of the PUD, to slightly increase the total amount of commercial area in exchange for a decrease in the total residential area, to request an increase in height on parcel RA-7 up to 75 feet or six stories) and to request and increase in height on parcel RA-8 and parcel RA-9 to a maximum of 60 feet or four stories PUD to PUD: The applicant requested to amend the PDA overlay to allow for buildings to be a max of 130 feet in height and to allow for structures other than C14-96-0007.01 (Samsung Austin Semiconductor PDA Amendment #1: 12100 Samsung Boulevard) 4/02/19: Approved staff’s recommendation for LI-PDA zoning by consent (8-0, J. Duncan, E. Ray-absent); S. Lavani-1st, B. Evans-2nd. 5/09/19: The public hearing was conducted and a motion to close the public hearing and approve Ordinance No. 20190509-031 for limited industrial- 3 3 of 38B-02planned development area (LI-PDA) combining district zoning, to change a condition of zoning was approved on Council Member Flannigan’s motion, Council Member Renteria’s second on an 11-0 vote. N/A C814-96-0003.13 Crossing (Pioneer PUD Amendment #13: East Parmer Lane) buildings to be a max of 150 feet in height PUD to PUD: The applicant is requesting changes to the land use plan to relocate the community recreation areas to the central portion of the site near Harris Branch Creek with another community recreation area following Tributary 6 to Harris Branch in the southern portion of the tract. C814-96-0003.12 (Pioneer Crossing PUD Amendment #12: 2500 E. Braker Lane) PUD to PUD: To change the proposed land use designation on parcel W11 from GR, Community Commercial, to SF-5, Urban Family Residence. N/A 1/19/18: Approved Administratively by the Staff - The purpose of this change is to decrease the amount of potential development along the riparian corridors while maintaining the development entitlements already approved for this portion of the PUD. This amendment is considered a non-substantial amendment because the total residential amounts and approved densities for residential units, commercial space and community recreation/parkland dedication areas will remain the same. 8/16/13: Approved Administratively by the Staff - The staff supports the applicant’s request to reduce the intensity of uses near other residential parcels within the PUD. This change will permit the applicant to develop this 17.281 acre parcel with residential uses adjacent to an existing SF-5 parcel to the west (W12), SF-2 parcel (W9) to the north, and public park parcel (W10) to the east. In addition, the staff has asked the applicant to add a note to the PUD land use plan stating that, “The alignment of SH-130 has been relocated by the Texas 4 4 of 38B-02Department of Transportation to a location outside the boundaries of the Pioneer Crossing PUD and it is therefore no longer a part of this development”. This notation will help to clarify the parcels/right-of-way layout within the PUD on the land use plan. Case expired on 9/20/13 as the applicant did not submit and update 180 days from the date the application was filed per LDC Sect. 25-5- 113. N/A 8/25/11: Approved PUD zoning with conditions by consent on all 3 readings (7-0); B. Spelman-1st, L. Morrison-2nd. by the consent 8/02/11: Approved staff’s for PUD recommendation zoning to establish a new Parcel E4A with following conditions: Parcel E4A will have the LI zoning district land use designation, will have a maximum height limit of 150-feet for a structure other than a building, and will allow Basic Industry as a permitted land use on the G. site. Vote: Bourgeois-off C. (5-0, dais, C814-96-0003.11 (Pioneer Crossing PUD Amendment #11: 2101 East Parmer Lane) C814-96-0003.10 (Pioneer Crossing PUD Amendment #10: 2400-2700 Block of East Parmer Lane) PUD to PUD: To reduce the intensity of uses permitted and to allow for single-family residential uses adjacent to the existing SF-2 parcel (W4) and public park parcel (W10) to the south, to remove the all of minimum setback requirements and to reduce the minimum lot size to from 5,750 sq. ft. 2,500 sq. ft. for the proposed SF-6 development on parcel (W2B), to remove all interior side yard setbacks on the proposed SF-3 (W3) and SF-6 (W2B) residential parcels and to designate a new10+ ‘GR’ district parcel along Parmer Lane. PUD to PUD: To create a new Parcel E4A. Parcel E4A will have the LI zoning district use designation, will have a maximum height limit of 150-feet for a structure other than a building, and will allow Basic Industry as a permitted land use on the site. land 5 5 of 38B-02C814-96-0003.09 (Pioneer Crossing PUD Amendment #9: 2405 E. Yager Lane) Banks-absent); D. Tiemann- 1st, S. Baldridge-2nd. 5/03/11: Approved staff’s recommendation for PUD zoning by consent (6-0); D. Tiemann-1st, C. Banks-2nd. 6/23/11: Approved PUD amendment on all 3 readings (7-0) PUD to PUD: To amend the PUD to create a new parcel that will now be known as Parcel E21 for the property located at 2405 East Yager Lane and to designate “P” Public zoning district permitted uses and site development standards for Parcel E21 within the PUD. The applicant also requests that Major Utility Facilities and Maintenance and Service Facilities shall be permitted uses on this parcel within the PUD so that they will not be subject to the conditional use permit requirement for a property that is zoned P-public and greater than one acre. PUD to PUD: To amend the PUD to relocate a 50-foot buffer/setback between Tracts E-8 and E-9 on the land use plan. Currently, the 50-foot buffer is shown entirely within Tract E-8, which is designated for IP (Industrial Park) development. The applicant would like to move the buffer to allow for 25-feet of the buffer to be located along the western boundary of Tract E-8 and 25-feet of the buffer to be located staff 9/02/08: Administratively approved by staff - supports the The proposed administrative change the land use plan because Tracts E-8 and E-9 are both owned by the applicant who is making this request. In addition, the proposed relocation of the 50-foot buffer will maintain a separation between the IP uses designated for Tract E-8 and the MF-2 uses which are designated for Tract E-9 within the Pioneer Crossing development. The relocations will consistency and planning land use promote orderly these requested because 6 C814-96-0003.08 (Pioneer Crossing PUD Amendment #8: Samsung Boulevard) N/A 6 of 38B-02along the eastern boundary of Tract E-9. PUD to PUD C814-96-0003.07 (Pioneer Crossing PUD Amendment #7: E. Parmer Lane) 7/24/08: The public hearing was closed and the first reading of the ordinance for planned unit development (PUD) district zoning to change a condition of PUD zoning with a condition was approved (7-0); Mayor Pro Tem McCracken-1st, Council Member Morrison-2nd. The condition was to require detached single family homes. line common changes will allow the 50- foot buffer to be centered on the that separates Tracts E-8 and E-9. At this time, both of these tracts are undeveloped. 5/20/08: Approved the PUD amendment with conditions (7-0, J. Martinez-absent): Limit the maximum number of units to what is currently approved in the PUD. Thereby, not allowing for an increase in the overall residential density within the PUD. Require TIA amendments to be conducted for any future proposed formal amendments to this PUD.* * The original ordinance that approved the Pioneer Crossing PUD (Ordinance No. 970410-I) states in Part 7(a) that, “Section 13-1- 453(d)(6) of the Code (regarding substantial amendment of an adopted Land Use Plan) is modified for the purposes of this PUD only, as follows:(6) Unless otherwise approved by the Transportation Review Section of the City of Austin, shifting development intensity, even with corresponding and equivalent decrease in some other portion of the PUD, in a manner which results in a level of service “E” or “F” on any roadway segment or intersection included in the area of the TIA submitted in connection with the approved PUD.” The Transportation division determined that there was no change in the density with 7 7 of 38B-02the proposed land use change in this PUD amendment. However, this statement will require any future substantial amendments to the Pioneer Crossing PUD that affect the level of service “E or “F’ of the roadways within the approved TIA to be reviewed by the Transportation staff through a TIA amendment. Therefore, in future formal PUD amendments, TIA addendum recommendations will be presented in a memorandum to the Land Use Commission and City Council for their consideration. 4/01/08: Approved staff rec. to amend PUD (6-0, T. Rabago, J. Martinez-absent) 6/19/07: Administratively approved by staff C814-96-0003.06 (Pioneer Crossing PUD Amendment #6: W. Braker Lane at Musket Valley Trail) C814-96-0003.05 (Pioneer Crossing PUD Amendment #5) PUD to PUD: To change the land use designation on parcel W6 from “school” to GR-MU PUD to PUD: Proposed administrative amendment to change uses on Parcel open space/parkland locations within the PUD PUD to PUD: To amend land area for SF-2 development regulations from 534.42 acres to 471.21 acres and SF-5 development regulations from 86.25 acres to 149.44 acres. No density limits or original PUD approvals are proposed to change. PUD to PUD: Increase the boundaries of the PUD by 138 acres C814-96-0003.04 (Pioneer Crossing PUD Amendment #4) 4/19/05: Approved staff rec. for PUD amendment by consent (7-0) 1/15/09: Approved Ordinance No. 2009115- 96 for PUD zoning to change a condition of zoning (6-0) N/A 5/19/05: Approved PUD amendment (6-0); 1st reading 7/28/05: Approved PUD amendment (7-0); 2nd/3rd readings C814-96-0003.03 (Pioneer Crossing PUD Amendment #3) 3/25/03: Approved staff rec. for PUD amendment (8-0) 4/24/03: Approved PUD amendment (6-0); 1st reading 8 8 of 38B-023/12/02: Approved by staff PUD to PUD: Proposed administrative revision I-RR to PUD C814-96-0003.02 (Pioneer Crossing PUD Amendment #2) C814-96-0003 (Pioneer Crossing PUD) RELATED CASES: C814-96-0003 (Pioneer Crossing PUD) ABUTING STREETS: 3/18/97: Approved staff rec. of PUD with conditions (8-0) 5/12/05: Approved PUD amendment (6-0); 2nd/3rd readings N/A 4/10/97: Approved PUD with conditions (7-0); all 3 readings Name E. Parmer Lane E. Yager Lane ROW 200’ Varies Pavement MAD-4 21’ CITY COUNCIL DATE: April 23, 2020 Class Sidewalk? Bus Route? Bike Route? Major Arterial Ind. Collector Yes No No No Yes Yes ACTION: Postponed to June 4, 2020 at the staff’s request by consent (11-0) 2nd 3rd PHONE: (512) 974-3057 sherri.sirwaitis@austintexas.gov June 4, 2020 ORDINANCE READINGS: 1st ORDINANCE NUMBER: CASE MANAGER: Sherri Sirwaitis 9 9 of 38B-02STAFF RECOMMENDATION The staff’s recommendation is to grant the 16th amendment to the Pioneer Crossing PUD. BASIS FOR RECOMMENDATION 1. The Planned Unit Development District (PUD) is intended for large or complex developments under unified control planned as a single contiguous project. The PUD is intended to allow single or multi-use projects within its boundaries and provide greater flexibility for development proposed within the PUD. The proposed 16th amendment to the Pioneer Crossing PUD will remedy an error in the conditions that were approved for this PUD. This amendment will add back language to that will allow for the City to determine the types of improvements the City may require near an open waterway with upstream drainage. Existing Land Use The site under consideration is part of an existing PUD that consists of 1549.23 acres of land located in the vicinity of East Parmer Lane south of E. Howard Lane/Gregg Lane, east of Dessau Road, west and north of Cameron Road. These parcels are tracts of land that were added to the PUD and described as Areas B and C, through case C814-96- 0003.03 (Pioneer Crossing PUD Amendment #3) through Ordinance No. 20050512-058. The property in question is and undeveloped area that is specifically located between East Parmer Lane and E. Howard Lane/Gregg Lane. To the north, across E. Howard Lane, there is a single-family residential subdivision (Cantarra Meadow). The tracts of land to the east are undeveloped and consist of farmland. To the west there are single family residences, stables, a manufactured housing subdivision (River Ranch) and undeveloped land. To the south, across E. Parmer Lane, is an industrial use (Samsung Manufacturing). Comprehensive Planning This 376 acre vacant parcel, once used as farmland, is located on the north side of E. Parmer Lane and Samsung Blvd, and to the south side of E. Howard Lane. The last amendment to this PUD project was reviewed and approved by staff in October 2019. The PUD project area is not located within the boundaries of a neighborhood planning area. Surrounding land uses include vacant land, two residential subdivisions, a horse ranch, and single-family housing to the north; the Samsung manufacturing plant, and vacant land to the south; vacant land and a residential subdivision to the west; and a large commercial greenhouse, vacant land, vehicle storage, convenience storage, and residential uses to the east. An elementary school is located just over a mile away, on Samsung Boulevard. 10 10 of 38B-02This property is part of the Pioneer Crossing PUD, a mixed-use project, which includes mixed residential, commercial, community recreation, and public parks. Connectivity There are no CapMetro transit stops located within walking distance of this property along E. Parmer Lane or E. Howard Lane. A public sidewalk system is located along E. Howard Lane and partially along E. Parmer Lane. No public sidewalks are located from E. Parmer Lane going down Samsung Blvd., until you come to the elementary school and the residential subdivision located across the street from the school, which is just over a mile from the subject property. There is a bike lane going both ways partially along Samsung Blvd., also near the school, but ends once approaching the Samsung factory. The Walkscore for this property is 26/100, Car Dependent, meaning most errands require a car. There are no existing urban trails within walking distance to this site. Imagine Austin The Imagine Austin Growth Concept Map, found in the Imagine Austin Comprehensive Plan, identifies this section of E. Parmer Lane and Howard Lane to the north as Activity Corridors. Activity corridors are the connections that link activity centers and other key destinations to one another and allow people to travel throughout the city and region by bicycle, transit, or automobile. Activity Corridors are characterized by a variety of activities and types of buildings located along the roadway — shopping, restaurants and cafés, parks, schools, single-family houses, apartments, public buildings, houses of worship, mixed-use buildings, and offices. Along many corridors, there will be both large and small redevelopment sites. While this property (where the master plan was first approved in 1996), is located along two Activity Corridors, based on the proposed minor amendment to this previously approved PUD project, this case falls below of Imagine Austin, which is broad in scope and consequently the plan is neutral on this proposed PUD amendment. Environmental No comments. Floodplain From the application saved in AMANDA, city wishes to include a phrase which was accidentally removed as part of a previous PUD amendment. There are no other changes shown in the application. No comments. 11 11 of 38B-02Impervious Cover The site is not located over the Edwards Aquifer Recharge Zone. The site is in the Desired Development Zone. The site is in the Harris Branch Watershed of the Colorado River Basin, which is classified as a Suburban Watershed by Chapter 25-8 of the City's Land Development Code. Under current watershed regulations, development or redevelopment on this site will be subject to the following impervious cover limits: % of Net Site Area % with Transfers Development Classification Single-Family (minimum lot size 5750 sq. ft.) Other Single-Family or Duplex Multifamily Commercial 50% 55% 60% 80% 60% 60% 70% 90% Parks and Recreation Approved. No Comments. 12 12 of 38B-02I-SF-4A I-SF-4A R G D D N LO N A L IS I-SF-4A I-SF-4A Q33 ORTMAN DR R N D A M HANDSOME E N N E H DR R O K STIRRAT ST B E YC V A G G PL I-SF-4A FIR OJD R SF-4A R AL D B R T N E D C N A R G R S N R A E K R D W/LO E H O W A R CLERK CV KIRK TRL G ATE SF-4A R E M H O PAT O C PE RTHPASS NID D R Y D R YEOMAN ST C A N O N G ATE D X RO AN G G D R D LN Q32 E H O W A R D L N P33 CS-CO Y R U B N A D W D O O S CIR LEXIN GTO N HILL LN S E Y HIL L L N C A N Y O N D R PIK E LIN D TEQUESTA BLVD C H I N R IL K A L W P I N A Y HUNTERS RILL WAY LAU LEA REL H LN IP H S IN K R D N O Y N A C G N I M R A H C R D Y E L L A V O R E U Q A V R D Y E L L A V P32 PUD PUD E Y A G E R L N E P A R M E R L N G R E G G LN E H O W A R D L N C814-96-0003.16 PUD G N U D S LV M B A S E P A R M E R L N E Y A G E R L N LI-PDA P31 D V L G B N U S M A S PUD PUD P30 N L R E G A Y E D Y R E S UL H RYDEN ST B A L E S S T B O B E P A R W A R ST M E R L N I-RR DR RIS H C R Y N W A A H R K P B LO-CO C OLINT NAV O E C L L Y N D E V C N O T N A R G PUD PUD SILICON DR S I R R A H H C N A R B Y W K P PUD PUD PUD PUD PUD Y A T R E T Q31 PUD E PARMER LN I-RR PUD Q30 ± 1'' = 1,250' Pioneer Crossing PUD Amendment #16 SUBJECT TRACT ZONING BOUNDARY ! ! ! ! ! ! PENDING CASE CREEK BUFFER ZONING CASE#: LOCATION: SUBJECT AREA: GRID: MANAGER: C814-96-0003.16 3124 E PARMER LN. 376.25 ACRES P31, P32, Q31, Q32 Sherri Sirwaitis This map has been produced by the Communications Technology Management Dept. on behalf of the Planning Development Review Dept. for the sole purpose of geographic reference. No warranty is made by the City of Austin regarding specific accuracy or completeness. 13 of 38B-02I-SF-4A I-SF-4A R G D D N LO N A L IS I-SF-4A I-SF-4A Q33 ORTMAN DR R N D A M HANDSOME E N N E H DR R O K STIRRAT ST B E YC V A G G PL I-SF-4A FIR OJD R SF-4A R AL D B R T N E D C N A R G R S N R A E K R D W/LO E H O W A R CLERK CV KIRK TRL G ATE SF-4A R E M H O PAT O C PE RTHPASS NID D R Y D R YEOMAN ST C A N O N G ATE D X RO AN G G D R D LN Q32 E H O W A R D L N P33 CS-CO Y R U B N A D W D O O S CIR LEXIN GTO N HILL LN S E Y HIL L L N C A N Y O N D R PIK E LIN D TEQUESTA BLVD C H I N R IL K A L W P I N A Y HUNTERS RILL WAY LAU LEA REL H LN IP H S IN K R D N O Y N A C G N I M R A H C R D Y E L L A V O R E U Q A V R D Y E L L A V P32 PUD PUD E Y A G E R L N E P A R M E R L N G R E G G LN E H O W A R D L N C814-96-0003.16 PUD G N U D S LV M B A S E P A R M E R L N E Y A G E R L N LI-PDA P31 D V L G B N U S M A S PUD PUD P30 N L R E G A Y E D Y R E S UL H RYDEN ST B A L E S S T B O B E P A R W A R ST M E R L N I-RR DR RIS H C R Y N W A A H R K P B LO-CO C OLINT NAV O E C L L Y N D E V C N O T N A R G PUD PUD SILICON DR S I R R A H H C N A R B Y W K P PUD PUD PUD Copyright nearmap 2015 PUD PUD Y A T R E T Q31 PUD E PARMER LN I-RR PUD Q30 ± 1'' = 1,250' Pioneer Crossing PUD Amendment #16 SUBJECT TRACT ZONING BOUNDARY ! ! ! ! ! ! PENDING CASE CREEK BUFFER ZONING CASE#: LOCATION: SUBJECT AREA: GRID: MANAGER: C814-96-0003.16 3124 E PARMER LN. 376.25 ACRES P31, P32, Q31, Q32 Sherri Sirwaitis This map has been produced by the Communications Technology Management Dept. on behalf of the Planning Development Review Dept. for the sole purpose of geographic reference. No warranty is made by the City of Austin regarding specific accuracy or completeness. 14 of 38B-02 MEMORANDUM Pioneer Crossing PUD Amendment #14, Case C814-96-0003.14 ************************************************************************ TO: Zoning and Platting Commission Members FROM: Sherri Sirwaitis Planning and Zoning Department DATE: February 4, 2020 RE: ************************************************************************ The Pioneer Crossing Planned Unit Development (PUD) was approved by Council in 1997. On October 17, 2019, the City Council approved the 14th amendment to the PUD through Ordinance No. 20191017-064. The 14th amendment inadvertently omitted the following language in Part 7(C)(6) of the original PUD ordinance: [or those improvements that may be otherwise required by the City of Austin or specifically authorized under this ordinance.] The accidental omission of this language limits the types of improvements the City may require near an open waterway with upstream drainage. Therefore, an item has been placed on your agenda for consideration to initiate a new PUD amendment case to rezone the property to reinsert that language. 15 of 38B-0216 of 38B-0217 of 38B-0218 of 38B-0219 of 38B-0220 of 38B-0221 of 38B-0222 of 38B-0223 of 38B-0224 of 38B-0225 of 38B-0226 of 38B-0227 of 38B-0228 of 38B-0229 of 38B-0230 of 38B-0231 of 38B-0232 of 38B-0233 of 38B-0234 of 38B-0235 of 38B-0236 of 38B-0237 of 38B-0238 of 38B-02