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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?