HomeMy WebLinkAboutStaff ReportSTAFF REPORT
Case No.: 96-100
Applicant: William Dahlstrom.. representing Future Owner, Bob Bowers
with. Texas Digital Systems. Present property owner is East
By-Pass Development Group.
ITEM:
A Public Hearing to Consider Rezoning 34 acres from R-1 Single Family and A-O Agricultural
Open to M-1 Planned Industrial. The property is located inthe southeast quadrant of the
intersection of Sebesta Road and the East Bypass North Frontage Road. Applicant is William
Dahlstrom representing Future Owner, BobBowers with Texas Digital Systems. Present
property owner is East By-Pass Development Group.
ITEM SUMMARY AND STAFF RECOMMENDATION:
Historical Overview
The City has considered several rezoning requests over the past two years on all or part of this
property. A brief summary follows: Refer to Figure 1.
7-14-94 Request denied for 15 acres of C-1 along the frontage
9-22-94 Requested denied for step .down zoning proposal with commercial
along the frontage, low density, multi-family residential, townhouse and
office uses to the rear.
4-27-95 Request. denied by P&Z for commercial along the frontage, low density
single family. to the rear and officelprofessional uses adjacent to
Woodcreek. Applicant withdrew request before Council consideration.
Staff recommended approval in each case with various conditions such as preparing a master
plan for all property under one .ownership, providing adequate buffering and step down zoning
classifications, denying access for any commercial zoning from Sebesta Road, and maintaining
the creek area as open space.
Denials by Council occurred after public hearings in which there was great opposition voiced
from. surrounding neighborhoods. Concerns revolved around certain uses allowed in the
requested zones that were deemed unacceptable to residents, the cut-through traffic situation in
Emerald Forest, and the desire to wait for the City's new Comprehensive Plan. Minutes of nll
pre>>ious meetings nre included in the pocket.
Current Proposal
The current proposal involves only 34 of the original 69 acres. The applicant desires to develop
and plat individual lots for various technology businesses, including his own, Texas Digital
Systems {TDS). TDS is currently housed in 3 different locations and the desire is to consolidate
design, assembly and testing facilities into one location, consisting of 3 separate buildings. The
remaining property will be divided for sale to other similar businesses.
The applicant met with representatives of surrounding neighborhoods on 2 different occasions to
discuss concerns and .desires of both parties. Minutes of these 2 meetings are include
applicant is proposing to plat this acreage accessing only the Frontage Road and leaving the
creek area as an unbuildable natural. reserve. The width of this unbuildable area varies, but
averages approximately 200 feet. It buffers Woodcreek from this development. The applicant is
also voluntarily submitting deed restrictions that will limit the uses. permitted, limit the height of
structures to 2 stories, require 90% of the exterior to be brick, masonry, stone, precast concrete
or stucco, prohibit outside storage, require. lighting to be directed into the property and prohibit
emission of odors or noise which would constitute a nuisance.
Neighborhood Concerns
The representatives of the. surrounding neighborhoods generally feel that this proposal is a good
one; better than they have seen to date. Areas of concern are:
1. Assurance of enforceable deed restriction
2. Assurance that traffic concerns will be addressed
3. Assurance that the owner does not oppose a future City initiated rezoning back to the
existing zoning classification if this proposal does not come to fruition within a specified
time.
4. Assurance that the owner will not oppose a future rezoning to anew-district that would
incorporate those acceptable uses and .the deed restricted elements into one zoning district.
5. Assurance that the "no-build" area will be maintained by future owners of the lots within the
technology parka
The applicant has addressed these concerns in the following manner
Assurance of enforceable deed restriction
The applicant .has written the deed restrictions such that the City is given enforcement authority.
Restrictions .are included The City's legal staff is working with the applicant's legal counsel to
determine whether, absent a property interest, the-City has authority to enforce deed restrictions,
even when granted that authority by the restrictions
Assurance that traffic concerns will be addressed
To address traffic concerns the applicant has limited access to the Frontage Road for this M-1
development.. Whenthe. property along the frontage-doesdevelop, access should be limited to
the Frontage Road as well. The real impact will be when the Ledbetter tract to the east
develops. The Land Use Plan presently shows low density residential uses as one moves east
away from the Frontage Road. The HOK plan will most likely show mixed use and low density
residential. The Ledbetter tract will need access to Sebesta. Cut .through traffic may increase,
particularly if the tract develops residentially. Staff will be investigating ways to lessen this
impact through either alternate access ways from Emerald Parkway to Sebesta, or various traffic
calming techniques.
Future Rezonini?s
The applicant has also .indicated a willingness to rezone his property to what will be a "new"
zoning classification developed over the next several monthsby the City staff. This new district
will not be any more restrictive than the combined requirements bf the M- l zone and the
proposed deed restrictions, but will give assurances to surrounding property owners that the
additional limitations imposed by the deed restrictions will be incorporated. into a zoning district.
Conversely, if this proposal .does not come to fruition, the applicant agrees not to oppose a
rezoning back to the A-0/R-1 classifications currently on the property.
Assurance that the "no-build" area will be maintained
This is included in the deed restrictions.
Recommendation
Staff recommends approval. of this M-1 request as presented..
COUNCIL. POLICY ENDS STATEMENTS -The following Ends Statements may or may
not be met with the approval of this request. Council will decide, based on the information in
the staff report and any staff presentations, whether these Ends Statements will be met with this
request.
*Transportation/Mobility -Citizens benefit from the ability to move into ,out of, and
within College Station in a safe and. efficient manner.
Parks & Recreation. -Citizens benefit from parks space and recreational activities which
are geographically and. demographically accessible and serve a diversity of interests.
*Health & Public Safety -Citizens benefit from a reasonably safe and secure
environment.
Education/Information -Citizens benefit from access to broad based information and
knowledge.
Quality Service -Citizens benefit from a reasonable tax revenue for the value and
quality of service delivered.
Cultural Arts -Citizens benefit from participation in the arts.
*Employment/Prosperity -Citizens benefit from an environment that is conducive to
providing diverse employmentopportunities.
*Civic Pride -Citizens benefit from well planned, attractive residential and commercial
areas.
COMPREHENSIVE PLAN .
The current land use plan shows low density residential. The HOK plan will likely show this and
mixed use. The M-1 Planned Industrial district is designed to be compatible with all types of
uses. Anew, more limited, Research and Development type district should be even more
compatible with surrounding low density residential uses.
Development Goals and. Objectives:
LAND USE
Protection of residential uses: Maintaining the creek area as open space acts as
a buffer between this development and the Woodcreek Subdivision. The
Ledbetter tract buffers this development from the neighborhoods to the east.
Encourage use ofvacant land w/services: This is considered infill
development.
TRANSPORTATION
The three objectives below are addressed by the limited access to the Frontage
Road and the lack of access to Sebesta. A portion of the proposed street into the
technology part may be a,private drive.
Ensure safety and ease of maintenance
Location of streets based on function
Driveway access '
ECONOMIC DEVELOPMENT
Compatible with environment: This is a very "clean" industry and the deed
restrictions further provide for future uses that wilt be compatible with the
environment.
PARKS AND RECREATION
Link parks by pathways end natural features: Possibility may exist for some
use of the creek/"no build" area for public use.
HOUSING
Maintain integrity of existing supply: The types of uses allowed, the buffer
area and associated deed restrictions will allow this development to not have a
negative impact of the existing surrounding housing.
COMMUNITY APPEARANCE
Promote good site design: The proposed street layout and the deed restrictions
addressing materials used for construction, all work to promote a positive
community appearance.
ENGINEERING COMMENTS
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 -The part-cular creek which runs through this property will need to be studied for
possible flood plain. This branch has not been studied by FEMA.
Parkland Dedication -None required for industrial development
NOTIFICATION:
Advertised Commission Hering Date(s): 2-1-96
Advertised Council Hearing Dates: 2-22-96
Number of Notices Mailed to Property .Owners Within 200': A broader
notification than that required by Statute was done. 64 notices were mailed to
inTerested property owners. -
Response Received; Several inquiries and participation at neighborhood meetings have
occurred.
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