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HomeMy WebLinkAboutStaff Report STAFF REPORT Project Manager: Jennifer Prochazka, Planner Report Date: February 20, 2006 Email: jprochazka@cstx.gov Meeting Date: March 2, 2006 Project Number: 06-00500021 Item: Public hearing, presentation, possible action, and discussion on a rezoning for Lot 1, Block A of the Haney-Highway 6 Subdivision, 1.2 acres, from C-3 Light Commercial to C-1 General Commercial located at 3129 Texas Avenue South at the intersection of Texas Avenue, Deacon Drive and the Highway 6 frontage road. Applicant: Charles Taylor, applicant for TOC-DS Company, property owner Staff Recommendations: Staff recommends denial of the rezoning request. The Comprehensive Plan policy guide states that general commercial uses should be separated from lower intensity residential uses by transition buffer areas. While an office-commercial development such as the adjacent mini- storage can provide an appropriate separation, the policy states that transitional buffers such as these be a minimum of 200 feet to separate incompatible land uses. The adjacent mini-storage property does not provide the minimum 200 foot separation. The Small Area Map attached to this report shows a distance of 200 feet from the subject property (the notification area). The Unified Development Ordinance states that the C-3 Light Commercial zoning district is "designed to provide locations for commercial sites that are too small for many permitted uses in the C-1 General Commercial District. These are moderately low traffic generators that have little impact on adjacent areas or on adjacent thoroughfares." The C-1 General Commercial zoning district is "designed to provide locations for general commercial purposes, that is, retail sales and service uses that function to serve the entire community and its visitors." The current C-3 Light Commercial zoning on the property is appropriate for its location and size. Item Summary: The applicant is requesting a rezoning to C-1 General Commercial in order to develop the property as a retail shopping center. A retail shopping center is a permitted use in the current C-3 Light Commercial district. Attached is a list of uses that are permitted in C-1 General Commercial, but not in the current C-3 Light Commercial zoning district. C-1 General Commercial allows many uses that may not be appropriate in this location, which has limited access and is in close proximity to an established single family neighborhood. Bernadine Estates, the Mile Drive neighborhood, may experience cut-through traffic as a result of development of this property. 6tjGRO 1P_Ua4,TRIPZL.T,R RROD1PZ20061P0012597.DOC The subject property is 1.2 acres and is surrounded by property that is zoned PDD Planned Development District and developed as a mini-storage facility. The subject property has street frontage and access from both Texas Avenue and the Highway Six frontage road. Comprehensive Plan Considerations: The Land Use Plan designates this property as Regional Retail. The Comprehensive Plan defines `Regional Retail' as "areas permitting regional-scale development of tax-generating developments such as retail centers, service commercial, restaurants, etc. These uses are generally dependent on good access to highways and major arterials. Post Oak Mall is an example of this use." While the property is shown as Regional Retail on the Land Use Plan, the Comprehensive Plan development policies suggest that this property is better suited for C-3 Light Commercial than C-1 General Commercial. Texas Avenue is shown as a major arterial and State Highway 6 is shown as a freeway on the City's Thoroughfare Plan. Item Background: The property was annexed into the City limits in 1969 and was zoned `District No. 1, First Dwelling House,' for single family development, at that time. The property was platted as Haney-Highway 6 Subdivision in 1985, the plat was amended in 1988 to relocate access easements and add a `greenbelt' to help buffer the Mile Drive neighborhood from commercial uses on the adjacent property, in compliance with an agreement reached by the commercial property owners and representatives of the adjacent Mile Drive neighborhood. There have been numerous rezoning requests for this and surrounding properties in the Haney-Highway 6 Subdivision: 1976 - C-1 request denied 1978 - C-1 request denied 1979 - C-1 and A-P request approved with the A-P as a buffer between the commercial property and the neighborhood 1982 - Planning and Zoning Commission initiated a rezoning to A-P for the whole tract after a petition by the Mile Drive residents requested that no commercial development be allowed on the Haney-Highway 6 tract 1984 - C-1 request denied 1985 - C-1 request denied 1985 - C-3 request approved on subject property. 1988 - C-3 was approved on adjacent properties with the support of the neighborhood and the addition of a greenbelt between the commercial property and the neighborhood. 1988 - The property was replatted to reflect the greenbelt that was a condition of the C-3 rezoning. RAGROUF2—Us1RZFAIPZLTARROD1PZ20061P0012597.DOC 0 2004 - Lots 1 & 2, Block B, and Lot 2, Block A were rezoned PDD Planned Development District after negotiation between the residents of Mile Drive and the property owners of the lots. The list of approved uses was compiled using the original agreement between property owners and Mile Drive residents (1987) and the opinions of the current residents. The following uses were approved with that PDD: • Animal Care Facilities - Indoor • Art Studio/Gallery • Educational Facility, Indoor Instruction • Mini-Storage Warehouse (with accessory living quarters) • Offices • Clinic & Medical Office • Personal Service Shop • Printing/Copy Shop • Radio/TV Station/Studios (no towers) • Retail Sales and Service Demolition for redevelopment of this site has begun. Commission Action Options: The Commission acts as a recommending body on the question of rezoning, which will be ultimately decided by City Council. The Commission options are: 1. Recommend approval of rezoning as submitted; 2. Recommend denial; 3. Table indefinitely; or, 4. Defer action to a specified date. Supporting Materials: 1. Small Area Map (SAM) & Aerial Map 2. Application 3. C-1 & C-3 Zoning District Comparison RIGh CILIE ZIAilIPZI,Ta RRQDIPZ20061P0012597.DOC NOTIFICATION: Legal Notice Publication(s): The Eagle; 2-10-06 and 3-8-06 Advertised Commission Hearing Dates(s): 3-2-06 Advertised Council Hearing Dates: 3-23-06 Number of Notices Mailed to Property Owners Within 200': 11 Response Received: I have received one phone call in opposition to the request. This gentleman is a current resident in the Mile Drive neighborhood and has been involved in rezoning requests on this property in the past. He has concerns with the types of uses that C-1 General Commercial zoning allows, including drive-thru restaurants. suGhUt.1P_I dZI.T,RIPZLTZWRQDIPz2oo6WPoo12597.Doc Haney-Highway 6 Rezoning (06-21) Item: 1 .2 acres for C-1 . The existing zoning is C-3. Staff is recommending denial of the request because we believe that the current C-3 zoning is more appropriate for the property. I am going to go through the difference in the C-3 and C-1 zoning districts, as well as how the request relates to the Comprehensive Plan policies. The application states that the purpose of the rezoning is to develop a retail shopping center. Howeveer, that use is already permitted in the current C-3 district. 4-our UU, t As ' N,(L J- tTL J1 -s1�e cif\ciNcci - -f The UDO provides purpose statements for each zoning district to explain the intent of the districts. • C-3: "designed to provide locations for commercial sites that are too small for many permitted uses in the C-1 General Commercial District. These are moderately low traffic generators that have little impact on adjacent areas or on adjacent thoroughfares." • C-1 : "designed to provide locations for general commercial purposes, that is, retail sales and service uses that function to serve the entire community and its visitors." I have included a list of uses that are permitted in C-1 General Commercial, but not in the current C-3 Light Commercial zoning district. - A list of uses to be gained with this rezoning. • C-1 General Commercial allows several uses that may not be appropriate in this location. AERIAL LUP: The Land Use Plan designates this property as Regional Retail. • Both C-1 General Commercial and C-3 Light Commercial can be acceptable, depending on site specific circumstances. • As you can see from the aerial, close proximity to the Mile Drive neighborhood...The Comprehensive Plan policy guide states that general commercial uses should be separated from lower intensity residential uses by transition buffer areas. While the adjacent mini- storage can provide an appropriate transition, the policy states that transitional buffers such as these be a minimum of 200 feet to separate incompatible land uses. The adjacent mini-storage property does not provide the minimum 200 foot separation. Rezoning History under Item Background Recommendation: Again, Staff recommends denial of the rezoning request and contends that the current C-3 Light Commercial zoning on the property is appropriate for its location and size. I have received 3 calls in opposition to the request. The concerns related to the types of uses that would be allowed in a general commercial zoning district.