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HomeMy WebLinkAboutStaff ReportR .. .. - STAFF REPORT Case No.: 96-112 Request: Rezoning of 21.49 acres located approximately 500' south of Morgan's Lane and adjacent and to the north of Tributary A of Bee Creek, from R-1 Single .Family to C-l General Commercial Applicants Joe Fazzino for Pleasant Forest Partnership ITEM SUMMARY AND RECOMMENDATION The. subject property is part of the 2818 Extension area, which was studied several years ago in anticipation of the new roadway. Due to this major change in the area, .anew Land Use Plan that would. accommodate additional. commercial development and slightly higher residential developments was adopted. The plan shows mostly commercial development along Texas Avenue, with. a node of low density .residential development around the Mile Drive Subdivision between two "buffer" areas. These buffers .consist of a man-made buffer on the south that was a condition of the service station development and the natural buffer that exists along the creek. The residents of Mile Drive participated in the public hearings that took place when the new plan was-adopted and had expressed opposition to the encroachment of commercial development on his well-established neighborhood. At that time, they agreed to some commercial north of the creek but only with an adequate buffer .along the creek. Staff has-discussed the recent trend of;the City to discourage reclamation of floodplain areas with .representatives of the applicant. The property owners have asked that. they be permitted to reclaim at least a portion of the floodplain, due to the fact that a major portion of the property is contained withinthe 100..year floodplain. The requirement for the dedication of Dartmouth right-of--way through the subject tract. further reduces the developable land on the-tract. In this;particular case, Staffwould recommend hat some of the floodplain be allowed to be reclaimed as long as the floodway remains undisturbed in order to serve as' a natural buffer area to the residential node to the south as shown om the Plan. The total width of the floodway in this particular case is approximately 350' and, roughly two thirds of the floodway is on the subject property. In addition,_this floodway happens to be heavily wooded, and can serve as a substantial buffer without additional floodplain dedication: In addition, Staff recommends that the floodway be taken out of the zoning request to further ensure. that it is not disturbed and that there be no confusion to future owners of the property. ' The Land Use Plan that was adopted with the 2818 Extension Study shows retail commercial on the front portion of the tract with medium. density residential on the back portion. The applicant is requesting.'C- on the entire property in an effort to make the entire tract more developable, The 2818 study shows additional medium density to the north, which is currently occupied by two single family homes. The Dartmouth extension could serve as a ,zoning boundary betweem the proposed C-1 and the existing and future residential. Along the'side of the property. where the proposed C-1 would immediately abut residential, the same buffer yard as prescribed in the R&D district should be required to protect the residential uses. Staff recommends approval with the following conditions: 1 a+-` ` ZONING AND LAND USE 1. No disturbance. of the floodway 2. Floodway remain R-1 3. Buffer between abutting R-1 (future medium density residential) and requested C-1 Subject Tract: North: East: South: West: Proposed Use: R-1; vacant A-P Administrative Professional and R-1; developed as Rosewood Medical center and rural residential C-1; developed as Crystal Park Plaza R-1 across the creek; used as a mobile home park C-1 across Texas Avenue; developedas mix of retail uses None as yet COMPREHENSIVE PLAN Land Use Plam: Retail Commercial along Texas Avenue for approximately half of the depth of the property and Medium Density Residential on the remainder. Thoroughfare Plan: .The future extension of Dartmouth is shown along the northern. boundary of the parcel -any .development of the tract will need to include this extension. Development Policies: Development policies .for .this particular area would support commercial and higher density developments due to the topographical constraints. of the land as well as the locations of major roadways. Parkland Dedication: None required for commercial land. ENGINEERING Water: There is a 12 inch water line located in the east right-of--way of Texas Avenue. This line. is more than; adequate to serve this proposed rezoning. Sewer: There is an 18 inch sewer line located within the subject property. This line is capable of servicing this rezoning. Streets: The property has frontage on Texas Avenue, a major arterial. This street has the capacity to support the increased traffic generated by commercial zoning. The Thoroughfare Plan indicates that Dartmouth will be extended from its current terminus at Southwest Parkway to Texas Avenue. at Brothers a A .- Boulevard. The developer' will be responsible. for dedicating the appropriate right-of--way at the .time of platting and construct the street at the time of site construction.. Drainage: The drainage issue will be reviewed at the time of site plan submittal. Flood Plain:• This property has. a large area of floodway, as well as floodplain, located. within its boundaries. The applicant .has addressed the possibility of reclaiming. a .portion of the floodplain in the future. This potential reclamation will. be reviewed when the site plan and hydraulic study is submitted. NOTIFICATION: Legal Notice Publication(s)s 8-7-96 and 8-17-96 Advertised Commission Hearing Dates(s): 8-1-96 Advertised Council Hearing Dates: 8-22-96 Number of Notices Mailed to Property Owners. Within 200': 12 Response Received: One inquiry as of date of staff report HISTORICAL. OVERVIEW Very few G1 property has been created recently. Most of the cases that have been approved for C=1 since 1990 have been "clean-up" rezonings, which consolidated property for development or redevelopment purposes. There have been several recent cases where C-1 property was rezoned to accommodate larger multi-family developments.