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Mr. Hall moved to gralltaconditional use permit to KSKEntertainment to allow a night club to be
10c~tedinThe Village shopping centeraC700 University Drive. Mr. Mariott seconded the motion
whichpassed{4 -1- 1); Mr. Hawthorne 'abstained and Mr. Esmond voted in opposition to the
motion.
AGENDA ITEM NO.3:... PUblic hearing.tQ consider a rezoning~uest by. Paull.' Oadre of Lot 15,
Block T of University Park ll. Subdivision from R-4I.owDensity Apartments toC~B Business
Commercial .(92-103)
Vice Chairperson Colson stated that items three. and four would be presented and considered
sim ultaneously.
A(lENDA I':rEM NO. 4:..Publichearin~to oonsiderarewningrequestby Paul J. Oarke of Lots 4
- 9~ .Blcx:kUof lJniversityParkllSubdivision from.' A-P Admini~trativeProfessiona1 to (~BBusiness
Colllmerciat(92-104)
SeniotPlanner Kee presented the staff report of the two rezoning requests. The 3.2 acres
requested to bexezoned fromR-4 to C-B is approximately 500 feet west of the intersection of
University Drive and Spring. Loop on the. north. side of. University Drive. A rezoning of this
property toC~B would place retail commercial zoning between the vacant A~P Allco property to the
east and partially developed A-P property tothe west. . The Allco request for C-B zoning that was
denied by Council in February set the tone for'future rezoning requests along University Drive.
During that. hearing the Council stated their intent to see a mix,of uses along the corridor and their
intent to maintain the bloSk of ..office commercial/, medium density residential uses shown on the
Land Use Plan., This request does not comply with the Comprehensive Plan in that the Future
Land Use Plan shows medium density residential sues and this property is located in the middle of
the University Drive corridor where office and medium density residential uses are shown. A
rezoning toA-r would be supported by staff and the University Drive report recommendations but
has not been requested by theapplicant. The 4.7 acre tract requested to be rezoned from A-P to
C-B is approximately 1400 feet e~stof the intersection of Spring Loop and Tarrow with frontage
along Spring Loop. The IrandUse Plan shows retail commercial at both ends! of the University
Drive corridor with medium density residential and office commercial uses in between. On this
particular prop~rty" it shows medium density residential along the Spring Loop froQ-tage moving
toward either medium density residential or office commercial as one approaches University Drive.
The property involved in this rezoning request does not have frontag~ along University Drive. A
rezoning of thispropertytoC-B would begin to allow retail commercial development: to encroach
onthe blockoL A-P / Rc.4 shown on the Land Use ,Plan. There. is only one property between this
one and, theAnco property:to the east. This property is zoned R-l, is under the same ownership as
this property, and is the subject of a current rezoning request to C-B as well. This request does not
comply with the Comprehensive Plan in that the Future Land Use Plan shows medium density
residential uses for all properties frontingon Sp ring Loop. This property is located in the middle of
the University Drive. corrid.orwhere office and medium density residential uses are show. Staff
recommends denial ofboth;rezoning requests.
Vice Chairperson Colson opened the public hearing.
Applicant Paul Clarke of 3608 East 29th Street in Bryanapproacl1ed · th~ Commission and stated
that theproposedrezoningsareincompliance with the.Laud Use Plan . and will help obtain the
outlined, goals and. objectives. The, C-l, zoning .'along University Drive, is .,.developed as hotels and
office '. buildings instead of retailcomtnercial. By ,allowing the 'propos~cl C-B developm~nt, the land
uses along this corridor wouldav~rage outpercem~ge wise. Mr. Clar~e stated that he is currently
working with . the owner on a mixed use development and it · is imperative that the ~ropertiesin
question have the samezoning. There is not adequate C-Bzoning on, the north side <Df University
Drive.
..
ML Clarke.. added .that the developed .A~P portion of Block .U..has little.ingress and egress primarily
near University. Title.. Approximately.60%ofthis .'. tract is dedicated public easements. The
proposed rezonings will have little impact on the nine fourplexes adjacent to this property. The
infrastructurene~d~dtoserve this C-Bdevelopment is available and iUs not likely that there will be
any single family developments along UniversityDrive..On the R-4 tract, the Long Star Gas release
valve would need to be relocated in order to develop this property; this relocation is not
economically feasible with an R-4 developm~nt.The proposed rezonings will help to bring the Land
Use Plan into.compliance with the outlined goals and objectives.
ML EsmondquestionedMr. Clarke as to the possibility of A-P zoning on the R-4 tract. This would
create alarger plock of A-P in the area and possibly make the corner moreattractive to developers.
With the new. Systems Headquarters .Building, there may be more .ofa 'demand for this type of
zoning in the.area.
Mr. Clarke stated that there . are existing office buildings along University Drive that are not
successfuL MoreA-Pzoninginthisarea is not practical.
Mr~ Esmond stated that he is not intent on seeing an R-4development on this tract. An A-P
zoning could be considered;. however, spot zoning becomes an issue with the existing developed
office complex onBlockU. The City Council has denied both previous rezoning requests to C-B;
there is a" clear . difference . of, opinion between ". theCommissiori and City CounciL
Vice Chairperson Colson.. dosed the public hearing. He stated that there are two existing office
buildings on the south side of University Drive that have been taken over by the Resolution Trust
Corporation.. Both of these developments are unsuccessful and yet the City Council is saying that
we need more A-Pzoningalong this corridor.
Council Liaison Gardner . approached the Commission and. explained .. that the City Council is not
saying that A-Pzoning is needed now;. however, it is the most . appropriate configuration. The
demand for .A-P zoning maybe within a 20 year time frame~ .Thepercentage method, as presented
by Mr. . Clarke, is' rarely used".as a.guide .to zoning. The land use arrangement must .beconsidered.
Vice Chairperson. Colson. stated that he lis concerned with making a 20 year decision with an
applicant that is wanting to develop now.
Mr. Hawthorne stated that the University Drive Corridor plan has created an atmosphere :to
promotede,velopment in this area. He is concerned with some. of the uses allowed in the A-P
~oningdistrictthat arenat suitable along this corridor such as parking lots and recycling centers.
ML Esmond stated that he would support this rezoning even though City Council may not agree. If
we are trying to encourage development in this area, we should make use of the overlay and ~~B
zoning district. ; ,
ML Mariott. andMr. Smith agreed; however Mr. Smith stated that he is concerned with the spot
zoning of the existing developed A-Pportionof BlockU.
Me . Esmond movedtor(3comlllend approval of both rezoning requests. -- Lot 15, Block T of
University Park II Subdivision from R.-4 Low Density ApartIlIents toC-BBusiness Commercial and
Lots 4 - 9, Block U of University Park II Subdivision fromA-PAdministr~tive Professional to C-B
Business Commercial. Mr.Mariott seconded the motion which passed unopposed (6 - 0).