HomeMy WebLinkAboutStaff Report STAFF REPORT
Project Manager: Jennifer Prochazka, Senior Planner Report Date: July 24, 2006
Email: jprochazka(c�cstx.gov Meeting Date: August 3, 2006
Project Number: 06-00500140
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 PDD
Planned Development District, located at 3129 Texas Avenue South at the intersection of
Texas Avenue, Deacon Drive and the Highway 6 frontage road.
Applicant: Jane Kee, IPS Group, agent for property owner
Staff Recommendations: Staff recommends approval of the rezoning as presented.
Item Summary: The applicant is requesting a rezoning to PDD Planned Development District
in order to redevelop the property (Please see application for the list of proposed uses). The
applicant has requested the PDD zoning because of the history of zoning requests for the
property and surrounding area (see Item Background below) and because the property is in
close proximity to an established single-family neighborhood. There are two lists of uses (two
separate PDD zoning districts) proposed for the property, one for the north end of the property
and one for the south. The primary difference in the two is that a restaurant with a drive thru is
permitted on the south end of the property, and not on the north.
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.
The applicant held a neighborhood meeting on July 11, 2006. All residents of Bernadine
Estates, the Mile Drive neighborhood, were invited to the meeting. In all, 6 residents attended.
The neighbors were presented with the application and list of proposed uses during the
meeting. All expressed support of the proposal.
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 lesser intense zoning district such as the
proposed PDD.
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.
C:IDOCUME-11LLINDG-1.CS71LOCALS-11Temp\Staff Report.DOC
Created on 7/23/2006 12:49:00 PM
OrrI
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.
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
2006- C-1 request denied
Demolition for redevelopment of this site has begun.
Related Advisory Board Recommendations: If the property is rezoned to PDD, the Design
Review Board must approve a concept plan for this property prior to site development.
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,
C:IDOCUME--1ILLINDG-1.CSTILOCALS-11TemplStaff Report.DOC
Created on 7/23/2006 12:49:00 PM
4. Defer action to a specified date.
NOTIFICATION:
Legal Notice Publication(s): The Eagle; 7-18-06 and 8-24-06
Advertised Commission Hearing Dates(s): 8-3-06
Advertised Council Hearing Dates: 8-8-06
Number of Notices Mailed to Property Owners Within 200': 11
Response Received: None as of date of staff report
Supporting Materials:
1. Small Area Map (SAM) and Aerial Map
2. Application
C:ID000ME-11LLINDG-1.CST\LOCALS-11TemplStaff Report.DOC
Created on 7/23/2006 12:49:00 PM
<'/
HANEY-HIGHWAY 6 (06-140)
UJI • This item is for consideration of a rezoning for the northeast
corner of Texas Avenue and the hwy 6 frontage road, across
from Deacon Drive.
0`o‘1 • A request for C-1 zoning on this property was denied in March
C-1 because of the intensity of the C-1 uses on tract 6j-
15
PbD • The applicant is now requesting a PDD ann d Development
District zoning because of the history of zoning requests for the
property and surrounding area and because the property is in
close proximity to an established single-family neighborhood.
)))f2
PV. s • There are two separate PDD zoning districts proposed for the
property, one for the north end of the property and one for the
south, with two lists of permitted uses. The primary difference
in the two is that a restaurant with a drive thru is permitted on ,
the south end of the property, and not on the north.
Woohrw-1 The applicant held a neighborhood meeting on July 11 , 2006.
All residents of Bernadine Estates, the Mile Drive
neighborhood, were invited to the meetin•. In all, 6 residents t
attended, representing 5 household-(ap . The neighbors \10` Ol
were presented with the application and ist of proposed uses
during the meeting. All expressed support of the proposal. fe,„64\
,p,
70
1� nn 1 L. This p op Ais shown as regional retail on the land use pan. . \ •
NCS ' ` 'N l 'The° Oeriprerensive Plan suggest that ck
s ,d,41 ‘.„\-(0‘.„\-(0t tk
P this property is best suited for lesser intense commercial district
such as the proposed PDD .and the propertyyhas,access to
Texas Avenue and the Hwy feeder road. es
ff. • Staff recommends approval of the rezoning as presented.
I h. rece gd two •hone : s in :uoport • the - zoni
Ne. he we - re.ide is If the su•.ivi-ion, •u we - • -ne al in
s •port • comm vial de, el. .ment this corner.
pi %0 --01
O:ldeve_serVennifer ProchazkalP&Zlhaney PDD.DOC aim/
i
1 / /
Created on 8/3/2006 9.23 AM Cf�'V V V I
HANEY-HIGHWAY 6 (06-140)
This item is for consideration of a rezoning for the northeast corner of Texas Avenue and
Deaconire ev and The hwy 6 frontage road. A request for C-1 zoning on this property
was denied in March because of the intensity of the C-1 uses on tract
a
The applicant is now requesting a PDD Planned Development District zoning because of
the history of zoning requests for the property and surrounding area and because the
property is in close proximity to an established single-family neighborhood.
There are two lists of uses (two separate PDD zoning districts) proposed for the
property, one for the north end of the property and one for the south. The primary
difference in the two is that a restaurant with a drive thru is permitted on the south end of
the property, and not on the north.
The applicant held a neighborhood meeting on July 11, 2006. All residents of Bernadine
Estates, the Mile Drive neighborhood, were invited to the meeting. In all, 6 residents
attended. The neighbors were presented with the application and list of proposed uses
during the meeting. All expressed support of the proposal.
This property is shown as regional retail on the land use plan. The Comprehensive Plan
development policies suggest that this property is best suited for lesser intense
commercial district such as the proposed PDD.
Staff recommends approval of the rezoning as presented.
I -70 tObcf-fcer
CILA6t. 1/1AA/tet; `‘i18-ta-cy. coU601/
O:Ideve_ser'ennifer ProchazkalP&Zlhaney PDD.DOC
Created on 8/3/2006 9:23 AM
HANEY-HIGHWAY 6 REQUEST TO RE-CONSIDER (06-140)
V_ - 51 ' • Request re-consideration for rezoning at the northeast corner of
K� Texas Avenue and Deacon and the highway 6 frontage road.
The City Council denied a C-1 General Commercial rezoning
request for this property in March of this year.
• The UDO states that if a rezoning request is denied, another
$ request for the same property cannot be heard for 180 days
unless the P&Z finds that there is reason to reconsider the
zoning of the property.
( � i1d • The ordinance states 4 specific instances when a
reconsideration may be appropriate, one of which is an
application that is materially different from the previous request.
• The applicant has submitted a new application for a PDD
PVCPVC Planned Development District with a reduced list of uses that
V are less intense than the previously requested C-1 .
• • If the Commission finds that this application is materially
1-11(\dtkAk different from the previous request, you may waive the 180 day
waiting period.
6.4Y11r\CWAs a reminder, there are two items on the agenda related to this
T Z.-
property. This first item is a request to waive the 180 day waiting
0'r period for a new rezoning request. The next item on the agenda, IF
ik-ws the waiting period is waived, is to discuss and consider the rezoning
of the property.
2_°Laity.
Are there any questions?