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ST AFFREPORT
Case No.: 95-103
Applicant: Andrew Bernstein
ITEM: PUBLIC HEARING AND CONSIDERATION OF A REZONING REQUEST
FROM C-3 PLANNED COMMERCIAL TO C-l GENERAL COMMERCIAL, POST
OAK VILLAGE SHOPPING CENTER.
ITEM SUMMARY AND STAFF RECOMMENDATION
The subject property includes 3.4 acres developed as the Post Oak Village Shopping
Center. Staff recommends denial.
The rezoning would result in the following:
1. Conflicting uses by opening the possibility of theaters, nightclubs,
and restaurant uses on property abutting multi-family residential uses to
the south and near other multi-family to the west across Dartmouth.
2. A more congested and busier parking lot.
3. A site that no longer. meets the number of parking spaces required.
COUNCIL POLICY ENDS STATEMENTS - The following Ends Statements that are
in bold are relevant to this particular case.
Transportation/Mobility
Parks & Rec.lCultural Arts/Civic Pride
Health & Public Safety
Education/Information/ErhploymentlProsperity
Quality Service
COMPREHENSIVE PLAN - The following are Goals and Objectives from the City's
adopted Comprehensive Plan. Applicable ones are in bold.
Complies with Future Lalld Use Plan Map?: Yes; the Land Use Plan makes
no distinction between c~ land C-3
Development Goals and Qbjectives:
LAND USE
Protection of residential uses: While.multi-family is considered
to be compatible with more intense zoning than single family, it
should be afforded some protection from the more intense
commercial uses.
Encourage use of vacant land w/ services: No negative impacts
to utilities is anticipated
A void strip cOIllIDercial: The original rezoning was resisted due
mainly to this goal. The shape of this property retains some of the
negative characteristics associated with strip commercial, including
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congested parking lots. Additional activity will increase the "strip
commercial" effect of the property.
TRANSPORTATION
Provide major arterials to prevent congestion: Although the
site is located on S.H. 30 , a major arterial within College Station,
the site design and location does not allow safe ingress and egress
into the property. Allowing a more intense use (theaters, night
clubs, restaurants) which have high turnover rates and increased
traffic generation, would only add to existing traffic safety and
congestion problems on S.H. 30 and Dartmouth.
Adequate pedestrian/bike movement: N/ A
Ensure safety and ease of maintenance: Traffic safety is the prime
concern here. See driveway access comments below.
Location of streets based on function: N/ A
Driveway access: The site as currently designed has 3 curb cuts, 1
on Dartmouth. and 2 on S.H. 30. Because of the shallow depth of
the development, left turning movements in and out of the
driveway on Dartmouth interfere with the left turn queue for S.H.
30. The first driveway on S.H. 30 is restricted right in / right out
and was designed this way to optimize signal timing due to the
short length of the left.turn bays on S.H. 30 between Dartmouth
and Munson. . The second driveway is located across from an
existing apartment complex driveway and a currently vacant lot.
The vacant lot is currently being developed as Circuit City, an
electronic sales business. Increasing the amount ofleft in /left out
traffic at this location will create traffic safety problems similar to
those already in existence at the unsignalized Post Oak Mall
driveway.
ECONOl\fiCDEVELOPMENT
Compatible with environment: N/ A
Encourage retirees: N/ A
Encourage tourism: N/ A
PARKS AND RECREATION
Link parks by pathways and natural features: N/ A
Combine parks with schools: N/ A
HOUSING
Maintain integrity of existing supply: N/ A
Encourage diversified housing: N/A
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COMMUNITY APPEARANCE
Promote good site design: The site as currently constructed is a
very shallow in depth. When looking at good site design, we try
to discourage this, both from an appearance and safety standpoint.
With the narrow depth, centers such as this have poor traffic
circulation on site and typically may have problems with safety at
driveway access points. High traffic generators at this site will
make the site congested and poor traffic circulation on. site will
compound the safety problems previously mentioned.
Prevent and eliminate unsightly conditions: N/ A
HISTORICAL OVERVIEW -
At the time that the property was rezoned to C-3 to allow the retail center, there was
considerable concern for traffic congestion and on-site traffic flow on such a narrow
strip. The rezoning did pass, however, because Council had the assurance that traffic
generation would be relatively low in comparison to a C-l district. These concerns still
exist.
There has been some change in condition since the time of rezoning in that before the
Wolf Pen Creek District was created, the plan for Harvey Road was to avoid turning it
into a commercial corridor. The rezoning from Dartmouth to Texas to make Wolf Pen
Creek a commercial area changed this resistance, but at the same.time imposed
aesthetic restrictions to the sites as they were designed.
ENGINEERING COMMENTS AND IMPACT STUDIES -
Water - Available
Sewer - Available
Streets - The streets that surround this site are adequate to handle traffic
generated from a C-l use. The problems appear on this site
because of shallow depth and poor ingress/egress locations.
Traffic - Trip generation information will be available at the meeting.
Drainage- N/A
Flood Plain - None
NOTIFICATION:
Legal Notice Publication(s):
Advertised Commission Hearing Date(s): 2-16-95
Advertised Council Hearing Dates: 3;.9-95
Number.ofNoticesMailed to Property Owners Within 200': 40
Response Received: None as oidate of staff report
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ADDITIONAL COMMENTS
The main difference between C-l and C-3 is that C-3 does not allow intense uses such
as theaters, night clubs, or restaurants. This rezoning would open the site to such
possible land uses. These three uses are not in conflict with the existing uses on the
site, nor with the uses to the east or to the north. However, C-3 is considered to be
less in conflict with multi-family residential uses to the west and on the abutting
property to the south thana full C-l zoning district.
The rezoning will also render the site nonconforming in terms of numbers of parking
spaces required. The parking requirement for the amount of retail that is currently
leasable is met on the site. The additional parking that would be required would. result
in an additional parking requirement of 98 spaces, 37 of which are provided because
there was additional parking put in when the site was. built. However, staff cannot
support a rezoning that would result in a nonconforming parking lot.
Prom a traffic standpoint, the two fundamental reasons for denying C-l is the minimal
lot depth and the roadway geometry, in which the Munson/Dartmouth offset restricts
traffic operational efficiency.
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