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HomeMy WebLinkAboutStaff Report (),1fr. C ° W164 Al3 STAFF REPORT Item: Public hearing, presentation, possible action, and discussion on a Conditional Use Permit (Use Only) for Multi-Family with no Retail in the Wolf Pen Creek Zoning District at 1811 George Bush Drive East in the general vicinity of the mid-block of George Bush Drive East between Harvey Road and Holleman Drive East. Applicant: Jane Kee, IPS Group Staff Recommendation: Staff recommends approval of this request. Item Summary: The applicant is proposing a 25 to 30 unit multi-family development located along the Wolf Pen Creek corridor directly behind The Arbors apartments and across Wolf Pen Creek from Fazzoli's. The property is approximately 160 feet wide at its widest point and 800 feet long, creating a very narrow lot with limited access. Due to the site configuration, Staff supports multi-family development on the tract without additional retail on the first floor. The concept plan identifies the parking area and buildings which will be oriented towards the creek, with pedestrian access provided to the north and east of the property. Comprehensive Plan Considerations: The Comprehensive Plan identifies this property as Wolf Pen Creek on the land use plan. The property has 125 feet of frontage on George Bush Drive East, a Minor Arterial on the City's Thoroughfare Plan. This property will not be required any additional dedication to Wolf Pen Creek. Item Background: The subject property was annexed in 1958. The property was rezoned to the WPC Zoning District in 1989. The property has not been platted. Staff Analysis: Section 3.13 of the Unified Development Ordinance authorizes the existence of conditional uses. The Planning and Zoning Commission may recommend to the City Council to approve an application for a conditional use permit where it reasonably determines that there will be no significant negative impact upon residents of surrounding property or upon the general public. The City Council may permit a conditional use subject to appropriate conditions and safeguards, when after public notice and hearing the Council finds that: (Staff comments are in italics) 1 . Purpose and Intent of UDO. Staff conducted a technical review and found general compliance with development regulations. 2. Consistency with Comprehensive Plan. The request is in compliance with the Comprehensive Plan. 3. Compatibility with Surrounding Area. The public hearing is an opportunity for the Commission to measure the potential impact on surrounding land uses. 4. Harmonious with Character of Surrounding Area. The use is located in the Wolf Pen Creek district, adjacent to The Arbors, an existing apartment complex, and lies across the creek from an existing retail center. 5. Infrastructure Impacts Minimized. The proposed use will not negatively impact infrastructure more than other permitted uses. 6. Effect of Environment. The proposed use is consistent with the existing multi-family and commercial uses in the vicinity. The proposal also meets the requirements of the Wolf Pen Creek Master Plan which identified development requirements to limit the negative impact on the creek. The City Council may impose additional reasonable restrictions or conditions to carry out the spirit and intent of the Unified Development Ordinance and to mitigate adverse effects of the proposed use. These requirements may include, but are not limited to, increased open space, loading and parking requirements, additional landscaping, and additional improvements such as curbing, sidewalks and screening. Supporting Materials: 1. Small Area Map (SAM) and Aerial Map 2. Application 3. Copy of Concept Plan (provided in packet) STAFF REPORT Project Manager: Lindsay Boyer, Staff Planner Report Date: February 2, 2007 Email: lboyer@cstx.gov Meeting Date: February 15, 2007 Project Number: 07-0500009 Item: Public hearing, presentation, possible action, and discussion on a Conditional Use Permit (Use Only) for Multi-Family with no Retail in the Wolf Pen Creek Zoning District at 1811 George Bush Drive East E in the general vicinity of the mid-block of George Bush Drive East between Harvey Road and Holleman Drive East. Applicant: Jane Kee, IPS Group Staff Recommendation: Staff recommends approval of this request. Item Summary: The applicant is proposing a 25 to 30 unit multi-family development located along the Wolf Pen Creek corridor directly behind The Arbors apartments and across Wolf Pen Creek from Fazzoli's. The property is approximately 160 feet wide at its widest point and 800 feet long, creating a very narrow lot with limited access. Due to the site configuration, Staff supports multi-family development on the tract without additional retail on the first floor. The concept plan identifies the parking area, and buildings which will be oriented towards the creek, with pedestrian access provided to the north and east of the property. Comprehensive Plan Considerations: The Comprehensive Plan identifies this property as Wolf Pen Creek on the land use plan. The property has 125 feet of frontage on George Bush Drive, a Minor Arterial on the City's Thoroughfare Plan. This property will not be required any additional dedication to Wolf Pen Creek. Item Background: The subject property was annexed in 1958. The property was rezoned to the WPC Zoning District in 1989. The property has not been platted. Staff Analysis: Section 3 of the Unified Development Ordinance authorizes the existence of conditional uses. The Commission may permit a conditional use subject to appropriate conditions and safeguards, when after public notice and hearing the Commission finds that: (Staff comments are in italics) 1. "The proposed use meets all the minimum standards established in the ordinance for the type of use proposed." Staff conducted a technical review and found general compliance with development regulations with the exception of the items listed below in the staff recommendation. 2. "That the proposed use meets the purposed and intent of the ordinance and is in harmony with the development policies and goals and objectives as embodied in the Comprehensive Plan for Development of the City. The request is in compliance with the Comprehensive Plan. 3. "That the proposed use will not be detrimental to the health, welfare, and safety of the surrounding neighborhood or its occupants, nor be substantially or permanently injurious to neighboring property." The public hearing is an opportunity for the Commission to measure the potential impact on surrounding land uses. The Commission may impose additional reasonable restrictions or conditions to carry out the spirit and intent of the ordinance and to mitigate adverse effects of the proposed use. These requirements may include, but are not limited to, increased open space, loading and parking requirements, additional landscaping, and additional improvements such as curbing, sidewalks and screening." Unless the public hearing bring to light any new information indicating potential negative impacts, Staff recommends approval with Staff Review Comments. Related Advisory Board Recommendations: None. Commission Action Options: The Commission has final authority over the Conditional Use Permit and associated site plan. The options regarding the use permit are: 1. Approval as submitted; 2. Approval with conditions relating to specific site characteristics or with time limitations; 3. Denial with specified reasons for denial; 4. Table; or, 5. Defer action to a specified date. NOTIFICATION: Legal Notice Publication(s): The Eagle; 1-30-07 and 2-20-07 Advertised Commission Hearing Dates(s): 2-15-07 Advertised Hearing Dates: 3-08-07 Number of Notices Mailed to Property Owners Within 200': 9 Response Received: None as of date of staff report Supporting Materials: 1. Small Area Map (SAM) and Aerial Map 2. Application 3. Copy of Concept Plan (provided in packet)