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HomeMy WebLinkAboutAgenda November 24, 2014 Regular Agenda Stripes Fueling Station Rezoning To: Kelly Templin, City Manager From: Lance Simms, Director of Planning & Development Services Agenda Caption: Public hearing, presentation, possible action, and discussion regarding an ordinance amending Chapter 12, "Unified Development Ordinance," Section 12-4.2, "Official Zoning Map," of the Code of Ordinances of the City of College Station, Texas by changing the zoning district boundaries from PDD Planned Development District to PDD Planned Development District to amend the concept plan layout and uses for approximately 1.498 acres for the property being all that certain tract or parcel of land situated in the Robert Stevenson survey, Abstract No. 54, City of College Station, Brazos County, Texas, same being all that called 1.498 acre tract conveyed to Discount Fuels, LLC., by Mark Carrol Lenz and Mary Jane Lenz, by deeds recorded in Volume 9853, Page 11 and Volume 9853, Page 17 of the Official Public Records of Brazos County, Texas, located at 13601 FM 2154 (Wellborn Road), and more generally located south of the intersection of State Highway 40 (William D. Fitch Parkway) and F.M. 2154 (Wellborn Road). Relationship to Strategic Goals: Diverse Growing Economy, Neighborhood Integrity Recommendations: The Planning and Zoning Commission considered this item at their November 6, 2014 meeting and unanimously recommended approval of the amendment. Summary: This request is to amend the concept plan layout and uses permitted through the PDD Planned Development District zoning. The PDD zoning for this property was approved by City Council in April 2010. The property remains undeveloped and ownership has changed. The proposed PDD amendment revises the Concept Plan to reconfigure the primary building and fueling canopy locations and remove a secondary structure. The Unified Development Ordinance provides the following review criteria for zoning map amendments: REZONING REVIEW CRITERIA 1. Consistency with the Comprehensive Plan: The proposed PDD is for a fueling station with associated canopy and convenience store. Fueling stations are generally more appropriate in areas planned for General Commercial land uses, however, the existing PDD zoning on the property already allows for the fueling station use. The Comprehensive Plan designates the subject property as General Suburban on the Comprehensive Plan, a designation intended primarily for single-family uses. However, it is also located within Growth Area IV. Recognizing the area's position between two major roadways, Growth Area IV includes opportunities for suburban/neighborhood commercial and offices uses. In an area planned for General Suburban, a small amount of neighborhood conveniences and offices are appropriate. The Comprehensive Plan promotes neighborhood integrity through the transition of land uses around the fringes of established neighborhoods. The City's Suburban Commercial land use designation and subsequent zoning district were established to allow commercial land uses while protecting existing single-family areas. The SC Suburban Commercial zoning district was adopted in 2012 and allows uses similar to General Commercial but does not permit fueling stations. The Comprehensive Plan describes Suburban Commercial as areas "...for concentrations of commercial activities that cater primarily to nearby residents versus the larger community or region. These areas tend to be small in size and located adjacent to major roads." The Comprehensive Plan describes General Commercial as areas "...for concentrations of commercial activities that cater to both nearby residents and to the lager community or region. These areas tend to be large in size and located near the intersection of two regionally significant roads." 2. Compatibility with the present zoning and conforming uses of nearby property and with the character of the neighborhood: The property to the immediate south is zoned for and developed as a single-family subdivision. While gas stations are generally more appropriate in areas planned for General Commercial land uses, the existing PDD zoning on the property allows for the fueling station use. The existing PDD Concept Plan includes a building orientation that helps buffer the single-family development to the south from the ambient light and noise generally associated with a fueling station use. 3. Suitability of the property affected by the amendment for uses permitted by the district that would be made applicable by the proposed amendment: The proposed PDD Concept Plan includes a fueling station/canopy and associated convenience store and restaurant. The property is suitable for the use and site layout. 4. Suitability of the property affected by the amendment for uses permitted by the district applicable to the property at the time of the proposed amendment: The existing approved PDD Concept Plan includes a fueling station/canopy and associated convenience store and restaurant, as well as a proposed bank building in a 'neighborhood center.' The property is suitable for the use and site layout approved with the current PDD zoning. 5. Marketability of the property affected by the amendment for uses permitted by the district applicable to the property at the time of the proposed amendment: The subject property is marketable with its current zoning. 6. Availability of water, wastewater, stormwater, and transportation facilities generally suitable and adequate for the proposed use: There is an existing 12- inch water main available to serve the property. There is also an existing 8-inch sanitary sewer main located on the eastern corner of the property. Drainage is generally to the northwest within the Lick Creek Drainage Basin. All utilities shall be designed in accordance with the B/CS Unified Design Guidelines at the time of Platting and Site Development. The property is proposing taking access from FM 2154 and William D. Fitch Parkway. TxDOT has previously indicated its willingness to approve of the proposed driveway locations. REVIEW OF CONCEPT PLAN The Concept Plan provides an illustration of the general layout of the proposed building and parking areas as well as other site related features. In proposing a PDD, an applicant may also request variations to the general platting and site development standards provided that those variations are outweighed by demonstrated community benefits of the proposed development. The Unified Development Ordinance provides the following review criteria as the basis for reviewing PDD Concept Plans: 1. The proposal will constitute an environment of sustained stability and will be in harmony with the character of the surrounding area; 2. The proposal is in conformity with the policies, goals, and objectives of the Comprehensive Plan, and any subsequently adopted Plans, and will be consistent with the intent and purpose of this Section; 3. The proposal is compatible with existing or permitted uses on abutting sites and will not adversely affect adjacent development; 4. Every dwelling unit need not front on a public street but shall have access to a public street directly or via a court, walkway, public area, or area owned by a homeowners association; 5. The development includes provision of adequate public improvements, including, but not limited to, parks, schools, and other public facilities; 6. The development will not be detrimental to the public health, safety, welfare, or materially injurious to properties or improvements in the vicinity; and 7. The development will not adversely affect the safety and convenience of vehicular, bicycle, or pedestrian circulation in the vicinity, including traffic reasonably expected to be generated by the proposed use and other uses reasonably anticipated in the area considering existing zoning and land uses in the area. General: The proposed Concept Plan includes a primary structure intended for fuel sales / convenience store and a fuel canopy on the property. The intent of the changes to the PDD zoning is to change the site layout. The proposed PDD Concept Plan changes the orientation of both the primary structure and the fueling canopy and removes a secondary structure from the currently approved PDD Concept Plan. Permitted Uses: • Fuel Services - Maximum six (6) fuel dispensers • Restaurant • Retail Sales & Services Modifications Requested: CG General Commercial is proposed as the base zoning district with the following modifications. All other standards not expressly requested and approved will meet CG General Commercial standards: The applicant is requesting a variance to Section 7.1.H.2, Height- Single Family Protection, which requires a height limitation ratio of 2:1 when commercial property abuts single family. This means that the building must be twice the distance from the property line as its height. Additional Standards: The following are additional development standards proposed by the applicant: • Eight (8) foot buffer wall against single-family properties • Building will have pitched roofs • Maximum 24-foot building height • Maximum ten (10) foot tall monument sign • Gated pedestrian connectivity to adjacent single-family development • Existing mature trees along southern property line will remain and will be protected during construction. • LED building and site lighting. • Site lighting will not exceed twenty (20) feet in height. • Dumpster sited away from single-family development. Required Site Specific Standards: • Right-in, right-out driveways only with decel lanes Budget & Financial Summary: N/A Reviewed and Approved by Legal: Yes Attachments: 1. Background Information 2. Aerial & Small Area Map 3. Ordinance BACKGROUND In September 2009, the Planning and Zoning Commission and City Council considered a PDD zoning on the subject property for a commercial bank and fueling station. At that time, the Planning & Zoning Commission unanimously recommended denial and the City Council ultimately denied the rezoning request because it was inconsistent with the City's Comprehensive Plan and provided insufficient buffering/mitigation to the adjacent single-family neighborhood. Following that decision, the City received a request to have the rezoning re- heard within 180 days of the initial decision. The Planning & Zoning Commission denied that request. In 2010, the property owner again requested a PDD rezoning that included mitigation. The Planning and Zoning Commission again unanimously recommended denial because of inconsistencies with the Comprehensive Plan, but the PDD zoning was granted in a split vote by the City Council in April 2010. The current PDD zoning allows for the following uses: Fuel Services (maximum six dispensers), Bank with drive-thru, Restaurant with drive-thru, and Retail Sales and Services. The PDD requires two buildings, noise mitigation for drive-thrus, an eight (8) foot buffer wall, pitched roofs, and right-in/right-out only driveways. The PDD allows for a reduced single-family height protection with a maximum 24-foot height on the basis that the building would help buffer the adjacent neighborhood from the fuel canopy. At the time the PDD zoning was approved, the City had not yet developed its Suburban Commercial zoning district and so the GC General Commercial district was used as the base zoning for the PDD request. The City adopted its SC Suburban Commercial zoning district in 2012. The following Concept Plan is currently approved as a part of the PDD zoning and includes a primary structure oriented as to buffer the adjacent single-family development from the fuel canopy and its associated light and noise. It also includes a second smaller structure at the north end of the property to help create a `neighborhood center' instead of a convenience use for passersby. This layout was developed in an attempt to mitigate the fuel services use from the adjacent single-family use and to comply with the character designation in the Comprehensive Plan. EXISTING APPROVED CONCEPT PLAN: / \j. „\\ \,, , \ . ,7 /',7 / / / I i// f </ / / ' t \ \ `' \'w, , Secondary Structure _ } N / '7 /' 7/,' ' � �! ` Fueling Canopy / ! ,/ V”/ \ \ i$ s,,/ / —7/4-'/ >p w� ,- Primary Structure Adjacent Single-Family NOTIFICATIONS Advertised Commission Hearing Date: Thursday, November 6, 2014 Advertised Council Hearing Dates: Monday, November 24, 2014 The following neighborhood organizations that are registered with the City of College Station's Neighborhood Services have received a courtesy letter of notification of this public hearing: Southern Trace HOA Property owner notices mailed: 12 Contacts in support: None at the time of staff report Contacts in opposition: One adjacent property owner called staff to voice concern related to a gas station use in close proximity to single- family homes and the negative affect on property values / investment. Inquiry contacts: None at the time of staff report. ADJACENT LAND USES Direction Comprehensive Plan Zoning Land Use North Freeway/Expressway None W.D. Fitch Parkway South General Suburban, GS General Suburban Southern Trace Growth Area IV Subdivision East Freeway/Expressway None W.D. Fitch Parkway West 4-Lane Major Arterial None Wellborn Road DEVELOPMENT HISTORY Annexation: June 1995 Zoning: A-O Agricultural-Open upon annexation in 1995; rezoned PDD Planned Development District in 2010. Final Plat: Unplatted Site development: Existing residential structure on site built in 1972.