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Commission staff backs comprehensive plan change at Esther’s Road but recommends denying developer’s zoning plan

2892710 · April 7, 2025
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Summary

Planning staff told the Irving Planning and Zoning Commission on April 7 that they recommend approval of a future‑land‑use change for 4105 Esthers Road but recommended denying the developer’s mixed‑use zoning request because the proposal exceeds the area’s intended intensity and falls short of the Highway 161 overlay’s 10 percent commercial threshold.

Planning staff told the Irving Planning and Zoning Commission on April 7 that they recommend approval of a comprehensive plan amendment to change the future‑land‑use designation for 4105 Esthers Road from regional commercial to community village, but they recommended denial of the developer’s concurrent zoning request for mixed‑use, special plan (SP2) with the State Highway 161 overlay.

Staff said the land‑use amendment better reflects surrounding lower‑density residential uses and the city’s community‑village category. The developer’s zoning application would authorize a two‑phase project of 575 multifamily units, with commercial uses concentrated in a separate 15,000‑square‑foot strip at the corner rather than integrated into the residential buildings. Staff characterized the revised layout as effectively a large multifamily development rather than true mixed use.

The recommendation matters because the Highway 161 overlay requires a minimum of 10 percent commercial area for a project to qualify as mixed use under the overlay. Staff noted the proposal’s commercial component amounts to about 2.24 percent of total square footage because the residential square footage increased while commercial was constrained to the corner pad. As staff explained, that percentage falls short of the overlay’s mixed‑use threshold.

Staff also flagged intensity and scale concerns. The proposed buildings would sit on podium parking and reach roughly seven stories (about 80–88 feet to the top, plus an additional 27‑foot parking podium), producing an overall density of about 61 units per acre and maximum building lengths near 605 feet. Staff said those dimensions represent a higher intensity than surrounding residential areas to the north, and recommended denial of the zoning case on that basis.

Commission members asked how the proposal differed from earlier submittals. A staff member who attended the March 20 city council meeting summarized council feedback, saying, “Their words were ‘we liked the first submission,’” referring to an earlier, smaller‑scale mixed‑use concept. Commissioners pressed whether the developer could meet the overlay’s 10 percent commercial requirement by reconfiguring parcels or increasing commercial square footage; staff said the applicant could instead pursue a straight multifamily concept plan (RMF‑2) with variances to the overlay, or submit lower‑intensity zoning such as RMF‑1, professional office, or neighborhood commercial — all of which staff described as more compatible with the community‑village future‑land‑use category.

Staff noted the site had recurring, years‑long discussions and that prior city messages emphasized the overlay’s 10 percent commercial minimum. Commissioners asked practical leasing questions raised previously by the applicant — namely that requiring a large commercial component can produce high per‑square‑foot rents and vacancy risk — and staff acknowledged those market concerns but emphasized the overlay’s standard is a local policy requirement.

No formal vote was recorded in the work session; staff presented its recommendations and commissioners discussed options for how they could decide the items at a future hearing. The two items (the comprehensive plan amendment and the zoning case) are scheduled to be considered separately, with the comprehensive plan amendment to be voted on before any zoning action.

The planning staff said it would be available to answer applicant questions and help describe alternative zoning approaches that would be consistent with the community village designation.

Notes: staff identified 1 comment in support and 2 in opposition for the comprehensive plan amendment, and multiple opposition letters from apartment complexes south of the subject property for the zoning case. The item has previously been before council and has a multi‑year history of review.