HomeMy WebLinkAboutStaff ReportSTAFF REPORT
Case No: 94-119
Request: Rezoning request for 69.84 acres. from R-1 Single Family & A-O Agricultural
Open to 15 acres of C-1 General Commercial,. 7.08 acres of C-3 Planned Commercial, 6.7 acres
of A-P Administrative Professional, 24.15 acres of R-4 Apartments -Low Density Residential and
16.91 acres of R-3 Townhome.
Applicilnt: Art King for East By-Pass Development Group
PHYSICAL FEATURES
Location: The southeast corner of Sebesta Road and Highway 6
Area: Approximately 69.84 acres
No. Lots: Unplatted property
ZONINGAND LAND USE
Subject Tracts: R-1 Single Family and A-O Agricultural Open -currently vacant
North: C-1 General Commercial; developed as Bug Blasters
.East: A-O; currently vacant;
South: R-1 developed Single Family and vacant C-1 General Comm.
West: C-3 Planned Commercial across Highway 6; developed as Diamond Shamrock
Proposed Use: Unknown at this time.
COMPREHENSIVE PLAN
Land Use Plan: Office/Commercial along the frontage and low density residential on
the eastern portion.
Thoroughfare Plan.:
Development Policies
Parkland Dedication
ENGINEERING
SH 6 is a major thoroughfare, Sebesta is a collector
Refer to comments
Will be required .when residential areas are platted
Water: Water is not provided to these areas. It will have to be extended in accordance
with the utility master plan when these properties are platted and developed.
Sewer: Sewer is not provided to these areas. It will have to be extended when the area is
platted and developed.
Streets: Frontage for these properties is on the S.H. 6 Bypass frontage road and Sebesta
Road.
Drainage: Drainage is currently overland and will be addressed with the platting and
development of the property:
Flood Plain: None
NOTIFICATION:
Legal Notice Publication(s):
Advertised Commission Hearing Date(s): 9-1-94
Advertised Council Hearing Dates: 9-22-94
Number of Notices Mailed to Property Owners Within 200':
Response Received:
STAFF COMMENTS:
Prior Considerations
This request includes property that was discussed at recent P&Z and Council meetings (proposed
user was Douglas Nissan). The previous request involved 15 acres at the southeast corner of
Sebesta and SH 6 stretching south along the 5H 6 frontage road. The request was for C-1
General Commercial P&Z recommended approval. Staff recommended. approval to Council
conditioned upon the applicant submitting a larger rezoning request addressing buffering and step-
down zoning issues. Council denied the request because of a large amount of opposition from
nearby neighborhoods and because there was no larger zoning plan. This denial was made without
prejudice and the applicant is now back with another request.
Present Proposal
This present request is for 69:84 acres (including the original. 15 acres). The property is unplatted
and has R-1 and A-O zoning classifications that were placed upon annexation. These
classifications were intended to be interim ones until requests for final zoning classifications are
made.
Future Land Use Plan
The current Land Use Plan reflects the western. portion of this area for office/commercial uses and
the eastern portion for low density residential uses.
The 2818 Extension Study, adopted in 1992, provided for additional office/commercial uses in the
area across the Bypass; that area had previously been shown for low density residential uses. This
substantial change in the Plan in the vicinity of the subject tract constitutes a change in conditions
that justifies a use other than the office/commercial shown on the western portion of the area
under consideration.
Development Policies
Coninaercial locations
Development Policies state that commercial development on an arterial should be a minimum of
400 feet deep and should be located at points of high vehicular access. Points of highest access
are defined by grade separations along controlled access roads (freeways). The location and lot
configuration of the proposed commercial tracts meet these criteria.
Access
The Development Policies address access by recommending that drive entrances should be
minimized through the platting and/or site plan process. At the previous public hearing before
Council there was much concern about the drive-through traffic affecting the Emerald Forest
Subdivision. As mentioned in the previous hearing these problems are a result of residential cut-
through traffic that will continue until improvements are made in the City's thoroughfare plan to
provide better access on the east side of the Bypass. Development of the subject property will
contribute to the traffic regardless of the land use.
Access could be denied to Sebesta for the commercial tracts at the corner. However, as the
remainder of the property to the east develops, particularly if it is residentially zoned, it would be
best to provide access to both the frontage road and Sebesta to avoid a single access subdivision.
Secondary access is most important for efficient public and emergency service as well as for
convenient traffic' circulation.
Low density areas
Development policies state that .areas planned for low density residential uses will predominantly
consist of single family dwellings: Other housing types may be used but the overall density of the
area should remain low. Appropriate types include patio homes, zero lot line housing and
townhomes. Gross area densities should not exceed 6 dwelling units per acre. The R-3 portion of
this request complies with these policies. The R-4 portion is a low density apartment district.
The densities can go up to 16 dwelling. units per acre which is higher than is intended for low
density areas.
Buffers and step down zoning
The overall request provides for a good step-down approach.. As per Development Policies the
R-3 is placed adjacent to the existing R-1 of Woodcreek. The R-4 is used as a buffer between the
commercial and lower density residential areas to the east (Foxfire). The A-P and C-3 are placed
adjacent to existing C-1.
The A-P is also .acting, as supported by the policies, as a buffer between residential and
commercial land uses. It is placed in such a fashion as to separate existing Woodcreek lots from
the proposed C-3 along the Bypass. Additional .buffering of potential A-P uses from the existing
single family might be considered to lessen .any possible impacts. This could consist of screen
fencing (which is required by ordinance) plus. additional vegetation. along the common property
lines.
RECOMMENDATION:
The commercial portion. of this request is not in compliance with the Land Use Plan. However,
the change in condition resulting from the 2818 Land Use Study which provided additional area
for future office-commercial land uses coupled with compliance with Development Policies allows
staffto support this portion of the request. The step-down approach using the C-3, A-P, R-4 and
R-3 zones complies with the City's Development .Policies, although the R-4 is a medium density
district rather than a low density one.
Staff recommends approval of this request.
a
AGENDA ITEM COVER SHEET
REGULAR AGENDA
ITEM SUBMITTED BY: Jane R. Kee, City Planner
FOR COUNCIL MEETING OF 9- = 4
DIRECTOR APPROVAL•
EXECUTIVE TEAM MEMBER APPROVAL:
ITEM: `Public Hearing and Consideration of a rezoning r request for 69.84 acres located at the
southeast. cornef of Sebesta Road and SH6 East.. Bypass from R-1 Single Family & ' A-O
Agricultural Open to 15 acres of G-1 General Commercial, 7.08 '.acres of C-3 Planned
Commercial,. 6.7 acres of A-P Administrative Professional, 24.15 acres of R-4 Apartments -Low
Density Residential and 16.91 acres of R-3 Townhome.
ITEM SUMMARY: This request is for 69.84 acres (including 15 acres that was recently.
considered for C-1 zoning for the Nissan dealership). The current Land Use~Plan'reflects the
western portion of this area for office/commercial uses and the eastern portion for low density
residential uses.
The 2818 Extension Study, adopted in 1992, provided-for additional office/commercial uses in the
area across the Bypass, an area that had previously been. shown for low density residential uses.
This substantial change in the Plan in `the vicinity of;the subject 'tract constitutes a change'in
conditions that justifies a use other .than the office/commercial shown on the "tracts under
.consideration.
Development Policies
The location and lot configuration of the proposed commercial tracts meet the commercial depth
and locational criteria outlined in the City's Development Policies.
Areas planned for low density residential uses should predominantly: consist of .single family
dwellings, but may also contain patio homes, zero lot line housing _and townhomes. Gross area
densities should not exceed b dwelling units per .acre. The R-3 portion of this request: complies.
The R-4 portion does not.
The overall request provides for a good step-down approach. As per Development Policies the R-
3 is placed adjacent to the existing R-1 of Woodcreek The R-4 is used as a buffer between the
commercial and lower density residential areas to the east (Foxfire). The A-P and C-3 are placed
adjacent to existing C-1. The A-P is also acting; as supported by the poticies, as a buffer between
residential and commercial land uses..
At the previous public hearing before Council there was much concern about' the drive-through
traffic affecting the Emerald Forest Subdivision. As mentioned. in the previous_ hearing these
problems are a result of residential.: cut-through raffic that will continuer until improvements are
made in the City's thoroughfare plan to provide better access on the east side of the.. Bypass.
Development of the. subject property will contribute to'the traffic regardless of the land use.
i' W t.
RECOMl~~NDATION:
Planning & Zoning Commission Recommendation:
P&Z unanimously recommends denial of the request.
Development Policies Subcommittee Recommendation:.
~ After the P&Z meeting the applicant requested. a meeting with the Council Development Policies
~~, Subcommittee. This subcomnuttee met on 9-7 with the applicant and staff and again on 9-8 with
'' the staff. Members were Councilwoman McIlhaney, Councilman Mariott and Councilman
Hickson. Their recommendation to Council is that the corner Tract A be zoned C-1 General
.Comm.,.. the L1 acre Tract B be zoned C-B Business Comm., and Tracts E and F be zoned C-3
~~, Planned Comm. and A-P Administrative Professional respectively. They. further recommend that
access to Sebesta be denied for these commercial properties. The Subcommittee is also concerned
.about buffering. future residential development that'may occur to -:the east from the commercial
properties along the By-Pass. _ If the commercial zonings can be conditioned upon this, the
Subcommittee recommends doing so:
The Subcommittee supports the R-3 portion of the request but not the R-4. The recommendation
is to rezone Tract D (including a small.part of Tract C providing access from the Frontage Road)
to R-3 and leave the remainder of the property A-O'at this time.
Staff Recommendation:
i
Staff recommends :approval of the request as submitted for the reasons stated previously... An
alternative to leaving the proposed R-4 ,portion-as A-0 is to rezone it to R-1' and for the City to
initiate rezoning to R-1 on the Ledbetter tract to the`east as well. This would' be in compliance
with the current Land Use Plafr and would be making a statement to the surrounding
neighborhoods that this property would be reserved for future single family development. It
could also .have the effect. of strengthening any buffer condition placed upon the commercial
properties.
FINANCIAL SUMMARY: Fiscal Impact Analysis will be available at the meeting.
CITY ATTORNEY-RECOMMENDATIONS: NA
COUNCIL ACTION DESIltED: Approve or deny the request.
SUPPORTING. MATERIALS.
1. Location Map
2. Application
3. Staff Report;
4. Rezoning Ordinance
5. P&Z Minutes
'' 6. Councilman Fox's notes from P&Z Meeting
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