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MONTCLAIR REZONING SAM THE SUBJECT PROPERTY IS LOCATED ON THE FRINGE OF THE .COLLEGE PARK SUBDIVISION NEAR GEORGE BUSH DRIVE. IT IS CURRENTLY ZONED SINGLE FAMILY AND HAS BEEN USED AS A RENTAL HOME PRIMAR TT Y FOR STUDENT HOUSING FOR A NUMBER OF YEARS. OVER THE YEARS, IT HAS DETERIORATED SIGNIFICANTLY AND THE OWNER WOULD LIKE TO REDEVELOP THE LOT AS AN 8-PLEX WITH ASSOCIATED PARKING. THERE IS AN R-6 ZONED LOT LOCATED IMI~~DIATELY TO THE NORTH THAT SEPARATES THE SUBJECT LOT FROM A C-1 ZONED COMMERCIAL STRIP THAT FRONTS ON GEORGE BUSH. -THE R-6 LOT IS DEVELOPED AS A PARKING LOT FOR THE LOUPOT'S BOOK STORE ON THE BACK HALF AND A RENTAL. HOME ON THE REAR THE LOT TO THE SOUTH IS ZONED. R-1 AND HAS SEVERAL' HOUSES ON IT. THE AREA TO THE WEST IS ZONED R-1 AND IS DEVELOPED ACCORDING TO STANDARD R-1 RESTRICTIONS. MOST OF THE AREA WITH THE EXCEPTION OF THE COMMERCIAL ALONG .WELLBORN AND GEORGE BUSH IS ZONED R-1 AND IS DEVELOPED AS A RESIDENTIAL NEIGHBORHOOD. -' HISTORY THE .SUBJECT PROPERTY AND THE SURROUNDING AREA HAVE EXPERIENCED QUITE A FEW CHANGES SINCE THE TIME IT WAS ORIGINALLY DEVELOPED. COMMERCIAL DEVELOPMENT HAS BEEN EXPANDING AND ENCROACHING INTO THE NEIGHBORHOOD. TRAFFIC ON GEORGE BUSH AND. WELLBORN HAS INCREASED SIGNIFICANTLY, AND MUCH OF THAT TRAFFIC CUTS THROUGH.. THE NEIGHBORHOOD. THE STUDENT POPULATION HAS GROWN, RESULTING IN AN INCREASE OF STUDENTS AND RENTAL HOUSING IN THE AREA. IN 1989, A FRATERNITY SUBMITTED A REQUEST TO TURN THE PROPERTY TO THE NORTH INTO A FRATERNITY HOUSE. THAT REQUEST WAS DENIED, AND DUE TO THE ISSUES THAT AROSE AT THE TIME, THE PLANNING: AND ZONING COMMISSION DIltECTED STAFF TO STUDY THAT SITE AND MAKE A RECOMMENDATION FOR A MORE PROPER ZONING DISTRICT TO BE PLACED ON THE LOT. MONTCLAIR REPORT THE AREA THAT WAS STUDIES EXTENDED TO FIDELITY ON THE SOUTH, GEORGE BUSH ~, AND WELLBORN ON THE NORTH AND WEST, AND FAIRVIEW ON THE EAST. THE STi7DY STATED THAT ABOUT HALF OF THE AREA WAS RENTAL HOUSING. IT POINTED OUT THAT THE CITY'S DEVELOPMENT POLICIES WOULD SUPPORT HIGHER DENSITIES ON THE FRINGE OF A .NEIGHBORHOOD IF THERE WAS ENOUGH LAND AREA INCLUDED TO PROVIDE FOR OFF STREET PARKING .AND ADEQUATE TRANSITIONING STRATEGIES SIUCH AS BUFFERING. THE REPORT FOUND THAT THE R-6 ZONED PIECE LOCATED ADJACENT TO THE SUBJECT PROPERTY WAS TOO SMALL TO BE ABLE TO PROVIDE A PROPER TRANSITION AREA BETWEEN THE COMMERCIAL AND THE SINGLE FAMII,Y. THE REPORT ECHOED THE EARLIER WELLBORN ROAD STUDY AND RECOMMENDED THAT THE FRINGE AREAS BE ZONED R-I AND THAT FURTHER DETERIORATION BE DISCOURAGED THROUGH CODE ENFORCEMENT AND CITY INITIATIVES FOR UPGRADES THROUGH THE CI7CY'S CONIlVI[JNITY DEVELOPMENT DEPARTMENT. LAND USE DECISIONS -GOALS THIS REQUEST WOULD NOT BE IN LINE WITH THE EARLIER RECOMMENDATIONS, WHICH WERE MADE IN AN EFFORT TO PROTECT THE INTERIOR .NEIGHBORHOOD AND TO PREVENT FURTHER DETERIORATION.. THE REQUEST IS NOT IN LINE WITH THE RECOMMENDATIONS OF .THE PREVIOUS STUDIES. HOWEVER, THE APPLICANT IS PROPOSING AN ALTERNATIVE MEANS TO MEETING THESE GOALS. IT'S MY UNDERSTANDING FROM DISCUSSIONS WITH NOT ONLY THE APPLICANT BUT WITH OTHER PROPERTY OWNERS IN THE AREA THAT THEY BELIEVE THAT OUR APPROACH IN DEALING WITH THE FRINGE AREAS IS TOO. RESTRICTIVE. THE R-1 DISTRICT USED TO BE MUCH MORE PERMISSIVE THAN IT IS NOW IN TERMS OF BOTH LAND USE AND AREA REQUIREMENTS. OPTIONS FOR FRINGE AREAS: .BASICALLY WE ARE LEFT WITH TWO DIFFERENT TYPES OF POLICIES WHEN CONSIDERING THE FRINGE AREAS. THE FIRST IS THE ONE THAT HAS BEEN ADOPTED IN THE PAST AND THAT IS TO STRICTLY ENFORCE THE EXISTING R-I IN THE AREA. THERE ARE SOME OTHER CITIES THAT HAVE"DONE THIS AND SLOWLY THEY HAVE SEEN THE PRIVATE SECTOR REINVEST IIJ THOSE AREAS. WHETHER OR NOT THAT WILL HAPPEN HERE IS STILL A QUESTION. ANOTHER OPTION AND .THE ONE THAT IS BEING SUGGESTED WITH THIS REQUEST IS TO ENCOURAGE Il~IlVIEDIATE REINVESTMENT THROUGH A MORE FLEXIBLE ZONING i' CLASSIFICATION. AS WITH THE PREVIOUS OPTION, WE .CANNOT BE ASSURED THAT SUCH A STRATEGY WILL WORK, EITHER. THESE TWO QUESTIONS WARRANT FURTHER DISCUSSION AND WE NEED TO BEGIN TALKING ABOUT THEM WITH THE COMPREHENSIVE PLAN UPDATE AND THROUGHGUT THE IlVIPLEMENTATION PROCESS. SITE SHOTS STAFF RECOMMENDATIONS AT THIS TIlVIE, THE REQUEST DOES NOT REPRESENT A COMPREHENSIVE APPROACH TO ZONING IN THE AREA, AND TO THE FACT THAT .THERE. HAS UP TO THIS POINT BEEN NO CHANGE IN THE POLICIES RELATING TO THE FRINGE AREAS. WE THEREFORE RECOMMEND DENIAL. ~~~ STATUTORY DURABLE POWER OF ATTORNEY NOTICE: THE POWERS GRANTED BY THIS DOCUMENT ARE BROAD AND SWEEPING. THEY ARE EXPLAINED IN THE DURABLE POWER OF ATTORNEY ACT, CHAPTER XII, TEXAS PROBATE CODE. IF YOU HAVE ANY QUESTIONS ABOUT THESE POWERS, OBTAIN COMPETENT LEGAL ADVICE. THIS DOCUMENT DOES NOT AUTHORIZE ANYONE TO MAKE MEDICAL AND_ OTHER HEALTH-CARE DECISIONS FOR YOU. YOU MAY REVOKE THIS POWER OF ATTORNEY IF -YOU LATER WISH TO DO SO. I, CARLA DAMS, my social security number being ~ L~~-~. appoinf SUANNE DAMS PLEDGER whose address is P:O. Box 422, Calvert, Texas 77837, as my agent (attorney-in-fact) to act for me in any lawful way with .respect to the following initialed subjects: TO GRANT .ALL OF THE FOLLOWING POWERS, INITIAL THE LINE IN FRONT OF (N) AND IGNORE THE. LINES IN FRONT OF THE OTHER: POWERS. TO GRANT ONE OR MORE, BUT FEWER THAN ALL,. OF THE FOLLOWING POWERS, INITIAL THE: LINE IN FRONT OF EACH POWER YOU ARE GRANTING. TO WITHHOLD A POWER, DO NOT INITIAL THE LINE IN FRONT OF TI'. YOU MAY, BUT NEED NOT, CROSS OUT EACH POWER WITHHELD. INITIAL (A) (B) (C) ~) (E) (F) (G) (H) ~I~ (J) (K) real proper y transactions; tangible personal property transactions; stock and bond transactions; commodity and option transactions,: banking and other financial institution transactions; business operating transactions; insurance and annuity transactions; estate, tf~ust; and other beneficiary .transactions; claims and l''"" tion; perso 'Iv maintenance; l security, Medicare, Medicaid, or other governmental roil or military service,' t plan transactions; matters; ALL nF THE POWERS LISTED IN (A) THR®UGH (M): [YOU NEED NOT INITIAL ANY OTHER LINES IF YOU INITIAL LINE (N)J ADDITIONAL POWERS ,: _~ ,, My Agent is authorized to act in my name to do any act and think and'to exercise any power and authority that I might or could do or exercise individually, or by or through any -1- `other person, with respect: to any-and all of my interests in property. I intend to grant and to vest in Agent a full, complete and universal power of attorney to be exercised by .Agent, in the sole and. independent. discretion of Agent, as fully as I might or could do; if I were personally present and acting on my .own.., By way of illustration and not by way of limitation, I grant and. vest in Agent all of the following powers and authorities, in addition to chose described above: Community. Property.. Power: to exercise. any rights. to manage the community estate of my spouse and myself if I am married at such' time (which power shall be presumptively exercised to--its. fullest.. extent unless otherwise provided), and the power to enter. into partition or other marital .agreements between my spouse and me. Gifs for Estate Planning Purposes. Power to apply any of my assets tothe establishment and implementation of any estate plan. which Agent deems advisable for the purposes of minimizing income, estate, or inheritance taxes and which {i) previously has been established by or clearly contemplated by me, or (ii) a duly appointed Guardian would be permitted to implement and would deem it advisable to implement under prevailing. circumstances if such a G~:ardian were appointed for me; this power shall include, but not belimited to, the power to make gifts of any of my assets, either outright or'-in trust,. to or for the' benefit of (i) any charitable organizations to which deductible gifts may be made under the .income and gift tax. provisions. of the Internal Revenue Code, or {ii) any individual; provided, however,. that in the absence of application to and .approval by acourt of competent jurisdiction which authorizes a more .extensive gift to Agent, any gift to Agent in .any .calendar year shall not exceed the lessor of ,(i) the maximum annual exclusion am®unt for federal gift tax purposes, or (ii) the maximum percentage of the fair market. valuerof my assets at.the rime of xhe gift or such-other amount, the lapse of which would not be treated as a taxable release under Section. 2041 or 2514 of the Internal Revenue Code, as amended, or any similar successor provision. Charitable and Other Gifts. Power to make gifts. to individuals .named as a beneficiary. (including any contingent beneficiary) in my most recently executed will at the time of the gift, or to any religious or charitable organization to the extent Agent deems such gifts to be consistent with any pattern of giving established by me and not detrimental to my best interest. Fiduciary Powers. Power to exercise; any duties or powers vested in me, either solely or jointly, as. an executor, administrator, trustee,: custodian, agent, director, or other ,fiduciary so far: as that .duty or power may be sa delegated by me. Contribution . to Ti°ust. Power to contribute any or all of my assets to a trust- of which I and at thediscretion of Agent, my spouse or dependents or both are the present beneficiaries, provided that either (i) I personally created the trust, or (ii) under. the terms of the trust, I have' a power to revoke the trust (which Agent may' exercise on my behalf, but which Agentmay prohibit any subsequently. appointed .Guardian fora me .from exercising) and. at my death the assets of such trust either'shall be distributed to my estate, or shall be; distributed in a manner not; materially, different from the distribution of property. under my most recently :executed will at 'the dime of creation ofthe trust; :provided, however, that the power to'contribute assets to a trust under. this paragraph may not be exercised in a manner that would create a ;general ;power of ,appointment in Agent over. my assets under Internal Revenue Code` Section 2041 or 2514, as amended, or any.: similar successor provision. -2- Natural Resources. Power to purchase, acquire, exchange, contract and deal with respect to 'create, reserve, convey,. and..dispose of oil, gas, and other mineral interests, leaseholds, royalties (whether participating or non-participating), oil payments, ore payments, production payments, and other similar interests or payments in, out of, or with respect to he mining or production of oil, gas, and `other minerals, regardless of whether any of such properties may be limited as to term or amount or may be perpetual; to enter into pooling or unitization agreements covering any of my lands or leasehold interests and to make leases or assignments containing pooling or unitization rights; ,to purchase, :acquire, exchange, deal:. in .convey. or 'dispose of oil, gas, and -- mineral leases and'. leasehold estates, and prospecting, mining or operating .rights, with .respect to oil, gas, and other minerals or natural resources including (without limitation) water, uranium, coal, lignite, ferrous and nonferrous ores, sand, gravel, rock, .clay and timber; to exploit, remove, produce, sever, develop, and operate all .such properties, including secondary or tertiary recovery operations, and to process, reduce, extract, .manufacture, transport, .and market all such properties and products from them. Power of Substitution. I also grant to Agent. full power to substitute one or more :agents under Agent, in or concerning all or any part of this .Power of Attorney. Such substitution shall be at the discretion of Agent and subject to revocation by Agent at Agent's pleasure.. Nevertheless, such substitution shall be effective until revoked and shall ..not terminate upon, the death, disability, incapacity, or resignation of .Agent. Any such substitution or revocation of a .substitution shall be evidenced by an acknowledged written instrument. IndemniTcation -and Authority to Sue Third Parties. I expressly .authorize Agent to indemnify and hold harmless any third party dealing with Agent who accepts and acts under this: Power of Attorney from and against any and all claims, demands, losses, damages, actions, and causes of action that the third :party may sustain or incur,in connection with accepting and acting. under this Power of Attorney.. I further authorize Agent to file a lawsuit for damages arising from any third party's' failure or refusal to honor this Power of .Attorney. Independent Activity and Self-dealing. So long as Agent exercises good faith, Agent shall have the power to make contracts and have dealings with himself .individually or with any person or entity regardless of any relationship of such '.,person or .entity to Agent.: Agent, or any entity owned (directly or indirectly, in 'whole. or in part) or controlled. by Agent, may.. individually engage in or own an interest in other business ventures of every nature .and description and in any vicinity whatsoevzr, and L shall not have any rights in :and t~ such-interest and to any profits therefrom. Any uch independent activity may be undertaken by Agent with or without notice to or participation by me. THIS POWER OF ATTORNEY IS EFFECTIVE INIMEDIATELY AND WILL CONTINUE UNTIL TC IS REVOKED. FURTHER,. THIS.-POWER OF ATTORNEY IS NOT AFFECTED BX MY SUBSEQUENT .DISABILITY OR INCAPACITY AND SHALL NOT TERMINATE ON SUCH EVENT. I revoke all other prior powers of attorney executed by me, if any. I .agree that any third party who receives a copy of this document may act under it. Revocation of the durable power of attorney is not effective as to a third: party until the third -3~ ''~ receives actual notice of the revocation. L agree to indemnify the. third party for any claims a arise against the third party because of reliance on this. power of attorney. If. any agent named by me dies, becomes legally disabled; resigns, or refuses to act, I name the following (each to act alone and successively, in the order named) as successor(s). to that agent: ROY C. PLEDGER, P.O. Box 422, Calvert, Texas 77837. SIGNED this _y~ day of , 1996. .. is °` .... ... -v..~.~ ~ = t~T~-Y` ~ ~ vI .. .~._ . ~~.~ THE STATE OF TEXAS § ~,.•••d~ Et.ISfA.STEItvI~~ a NotaryPublFc t £OUNTY OF BEXA.R State of Texa~~ ti'~~~~ Comm. exp. 07-1~•~Z. This document was acknowledged before me on this ~ ~~, day of ~- 1996, by CARLA DAMS. y6= NOTARY PUBLIC 'IN AND FOR THE STATE OF TEXAS __ -4- __ ^ ~~~~ REQUEST FOR LEGAL. ASSIS-TANCE Research ^ Advice ^ REQUEST FOR ASSISTANCE SUBMITTED BY: (~ ~ ^ Ordinance DATE: DIRECTOR APPROVAL: DEADLINE AND EXPLANATION THEREOF: Wntmg [~' Contract Writing ^ P_ro~erty Acquisition^ Litigation/ Potential Litigation ^ XPLANATION OF FACTS: /1~ ~,7 ~~c~- ~~ ~ ~/ l ~~~~ I ~" '"~~j EXPLANATION OF ISSUES: ~ / QUESTIONS REGARDING THE ISSUES: Nj? STAFF:-GOAL ON THIS-REQUEST: ' ~~ SUPPORTING DOCUMENTATION: .. 1. 2. 3. ~~--- js/cl~orn~s/assist _ 04/11 /94 EXECUTNE MEMBER APPROVAL.: 08/27/96 13:57 '$`409 764 3496 DEVELOPMENT SVGS 1QJ001 :~~:~ ACTIVITY REPORT :x:~~ TRANSI4YISSION OK TX/RX N0. 7165. .CONNECTION TEL 9p7740053 CONNECTION ID EAGLE START TIME 08/27 13:5.6 USAGE-TIME-- 01'31 PAGES 4 RESULT OK t t AN ANALYSIS. OF THE ZONING ON THE PROPERTY AT 200 MONTCLAIR MONTCLAIR 79' SUBJECT ~' PARCEL H ,~yY HOUSE w G ~~4 ~ 0 w G ~~' ti ' ~ ,4~'vO~S JULY .1989 ~~ PREPARED BY: THE COLLEGE STATION PLANNING DIVISION FIGURE 2 CA1~\ACW A\/C C 1 4 ~ N } ~.' W 8 7 6 5 Y MONTCLAIR AVE. S. 5 1 2 6 17 16 15 14 13 12 7 8 9 11 9 1 10 2 11 3 12 4 13 5 14 6 15 7 16 8 '~ __ ~~~RN ~ MONTCLAIR STUDY ZONING MAP SCALE In Feet Map produced by Planning Div. - 6/89' HIGHLAND ST. S. 7 1' 8 2 9 3 10 4 11 5 12 6 MARYEM 5 ST '1 6 2' 7 3 vi 0 c~ w 0 4 AN ANALYSIS OF THE ZONING ON THE PROPERTY AT 200 MONTCLAIR PREPARED AT THE REQUEST OF THE PLANNING AND ZONING COMMISSION BY THE COLLEGE STATION PLANNING DIVISION JULY, 1989 PLANNING DIVISION STAFF JANE R. KEE, SENIOR PLANNER KIM JOHNSON, PLANNING ASSISTANT NANETTE MANHA.RT, MAPPING SPECIALIST SHIRLEY YOLK, PLANNING TECHNICIAN IN ACKNOWLEDGMENT OF SUPPORT ENGINEERING DIVISION STAFF VERONICA MORGAN, GRADUATE DESIGN ENGINEER AN ANALYSIS OF THE ZONING ON THE PROPERTY AT 200 MONTCLAIR INTRODUCTION: On Apri16, 1989, the Planning & Zoning Commission considered a request for a conditional use permit for a fraternity house to locate in an existing residence at 200 Montclair. The property is zoned R-6 Apartment Buildings/High Density. During consideration of the request for the use permit there were several residents of the surrounding neighborhood who expressed concern over the intrusion of a fraternity use into the neighborhood. Comments were made concerning the historic significance of some of the structures in the neighborhood and the attempt by some owners to renovate and improve their properties. In light of these comments (and the ultimate denial of the use permit. by the Commission) direction was given to staff to analyze the R-6 zoning on this property and determine if there might be a .more appropriate zoning classification. PROPERTY DESCRIPTION: The property at 200 Montclair (West Park, Block 8, Lot 14) is a .5 acre lot with 79 feet of frontage on Montclair and 269 feet along a public alley running along the north side. There is a single family structure on the front portion of the lot that is used as rental housing. 'The lback 105 feet of the lot has an approved use permit to operate as a commercial parking lot to serve a bookstore across the alley to the north.-The alley is used far access to the commercial area to the north as well as to the parking lot and the residential structure on this lot.. Ownership of the property is listed as Myrna J. Hughes, Trustee. THE STUDY AREA AND ITS LAND USES: The'study area as defined for this report is bounded by Jersey Street on the north, Fairview Street on the east, Wellborn on the west and Fidelity on the south. The subject property is adjacent to a commercial development on the north and is surrounded by largely single family residential development on the east, south and west. There are 3 duplexes scattered among the single family homes, a church on the western boundary and commercial developments. along the periphery of the area. See'Fgure 1. ZONING IN THE STUDY AREA: The City of College Station was incorporated in 1938. At that time portions of this neighborhood existed. When the first zoning ordinance was adopted in 1940 properties in the block fronting on Jersey between Montclair and Highland were placed in a commercial category. The property at 200 Montclair, along with a few others nearby, were zoned as apartment areas. As time went by and areas were rezoned, the property at 200 Montclair was left isolated with amulti-family classification. €1 ~J n Zoning in the study area consists largely of R-1(25.1 acres) with two -small-areas of R-lA zomng (.34 acres). There are .84 acres of vacant C-N zoning. near the intersection of Jersey and Wellborn, .33 acres of A-P zoning along Wellbornwhe~re the Jazzercise business is located, .61 acres of developed R-6 at the corner of Jersey and Wellborn and 2.60 acres of C-1 running along the majority of the Jersey frontage.. See Figure 2. DISTRICT R-6 APARTMENT BUILDINGS/HIGH DENSITY: The R-6 zoning district is intended to provide land for a variety of housing tykes, primarily multiple family dwellings. The district is designed to provide the widest range of housing types as well as the highest density in the community. Permitted uses include: Single family dwellings Duplex dwellings Townhouse dwellings Apartments Convalescent homes Dormitories Rooming/Boarding houses Fraternity/Sorority houses or meeting places as Conditional Uses 0 DEVELOPMENT SUITABILITY: Development suitability ratings for the study area are included in Plan 2000. The majority of the. area is reflected as having high suitability for commercial uses with the most southern portion of the area shown as being suitable for multi-family uses. A portion of this area including the subject property is :reflected in a noise zone because of the railroad. If the efforts underway to lower the railroad tracts are successful, the noise will become less of a problem. TENURE PATTERN: A review of ownership records and utility records indicate that 48% of the single family residential structures in the study area are owner occupied. The neighbor- hood. appears to be at a critical stage. It is an older area where many of the residential structures have made the transition from owner occupied structures to rental properties. The neighborhood may stabilize or begin a decline defending on future trends relative to owner/renter patterns and efforts to improve existing properties. See Figure 3. 2 U'I'II~ITY CONSTRAINTS: Utility locations are reflected on Figure 4. Water is provided to the subject lot but fire hydrant placement is poor in the vicinity of the property. And development greater than low density residential would require improvement in the hydrant location. Recent testing of the sewer in the vicinity indicates the line serving this property to be in good condition and sewer should pose no constraints to development in the area. The drainage infrastructure in the area was designed based upon low density residential development. Rezoning to intensify the land use on the property would increase run-off from that originally planned. Access is poor for this property. Current access to the lot is from the adjacent alley located along the northern boundary of the property. 'The width of this .alley is fifteen (15') feet and was designed as a service entrance for the commercial development across. the alley and for access to the singgle family residence on this lot only. It was not designed to .handle traffic that would be, generated with commercial or high density residential use. The alley will be seal-coated in the near future to improve the integrity of its surface. It will also be signed as a one-way alley with traffic flowing from Montclair to Highland. WELLBORN ROAD CORRIDOR STUDY: In 1986 asub-committee of the Commission prepared a report, a portion of which covered this study area. The report addressed land uses and problems in the area and made recommendations for future land uses and development. In the report it was recommended that" ...existing residential uses should be preserved.... The City should encourage code enforcement, ...rehabilitation and renovation.... Zoning should remain R-1 with perhaps some R-lA unless full blocks are consolidated i:or a change to a higher density residential zoning." THE LAND USE PLAN AND DEVELOPMENT POLICIES: The City recently adopted revisions to its land use plan by revising its future land use map and development polices. The future land use map reflects this area, including this lot, as low density. residential. The surrounding areas are reflected as commercial to the north and low density residential to the south, west and east. According to the development policies "[m]ufti-family residential development provides appropriate separation between single family .residential areas and higher - - intensity land uses." Higher density development should locate along the boundary of residential areas with lower densities toward the center of neighborhoods. The policies also address transitional areas which are essentially buffer areas between higher intensity and lowerintensity land uses where lower intensity land uses would not be appropriate yet commercial uses would not be consistent with development policies. Appropnate uses in a transitional area would include office- commercial, neighborhood commercial, multi-family, and/or conditional uses. C! I CONCLUSIONS: Although this property is near .the boundary of the residential area with which it is associated, and it presently separates commercial uses from low density residential uses, it is not likely that it would be redeveloped at multi-family densities due to its small size and the development presently on the property. There are uses permitted in the R-6 zone that might be feasible using the existing structure. 'These would include a convalescent home or a -rooming/boarding house. A fraternity or sorority would be allowed as a conditional use. However, access and parking might be a problem depending on the intensity of the use. If properties in the area were consolidated with this property, then multi-family development might be feasible. To leave this property as R-6 m anticipation of future consolidation creates a situation with some of the characteristics of the spot zone which violates sound planning principles. The zone is an isolated district unrelated. to area districts. It does not comply with the land use plan map. Also R-6 uses would be contrary to established land use patterns in the area. Some uses in the A-P administrative professional office district would maintain the integrity. of this lot as a buffer between the commerciaLand low density residential uses. However, the provision of parking could be a problem and access might have to be improved. Also a change to A-P zomng would make the residential use non- conforming which would limit, to some extent, additions and/or improvements to the structure... A-P zoning would likely not be perceived by the property owners in the neighborhood as a step toward preserving the single family character of the area.. Zoning the property to a' single family residential classification would alleviate tlhe concern. on the .part of residents. who do not want to see their neighborhood make the transition to higher density residential uses and thereby lose its single family character.-This would also be m compliance with. uses'reflected on the future land use map.', It would conflict with development policies which strive to buffer low density residential uses from high,intensity uses. However, this land use.situation now exists as the property is presently developed. The alley somewhat buffers the incompatible land uses and existing uses face away from each other, which helps avoid visual conflict. Rezoning to smile family would preclude further intrusion into thee. neighborhood of those uses perceived as having an adverse effect on the character of the area. ~ a FIGURE 1 FAIRVIEW AVE. S. C~ L vi w w r W a w r M N W I+'E~ pRN\~ RpgO 1VI®NTCLAIR STUDY LEGEND N ~ O ~ ~ w ~ ~ MARYEM ST. ^ Single-Family Residential U ~ E S ®Duplez Residential LAND ® Multi-Family Residential 0 500 SCALE In Feet vi vi v~i N ~ ~ c~ w za x MONTCLAIR AVE. S. SUBJECT PARCEL HIGHLAND ST. S. Commercial © Public Map produced by Planning Div. - 6/89 FIGURE 3 n W W W N W M N li ^^ ^ ^^ HIGHLAND ST. S. ~. "'9D MONTCLAIR STUDY TENURE MAP o SCALE In Feet ^ ~ ^ ~ ~' o ~ ^ ~ MARYEM ST. LEGEND dental Structures ^ Owner-Occupied S}ructures Map produced by Planning Div. - 6/89 i J FIGURE 4 ', w w w a w r` N L~ a MON UTILITY LOCATIONS o soo G-~ ' SCALE in Feet L,r, Vrr,1V L - Sewer Line Water Line Hydrant Manhole Map produced by Planning Div. - 6/89 ' RE~(3~9ldG car ~®~ t~ont~9~ir Av R~uestit~ i~-~. #o it-~ ~ R-1 R~ZOltll Code Enforcernentf Clty Inltlatlves for Upgrades 1 USE CECl~ltB - koala Protect lnterlor Welhborhood *~ Prevent ~ieterloratlon ~it~ ~E ~~~N~~ ~~~€s~r€ ~ ~~~~s~rka~ ~~t~~~~€~ ~P~l~~l,~ ~~R ! ~E ~R ~ Leave -~ - Strict Enforcement Encourage Redevelopment - Flexible Zoning E~~l~ ~s r~Piecemea! approach r~No Change ire Current Policy d ~ni~l ~t h~~ tE 2 _.. -- Vin. ','i'~~, ~'~~. ~.-~.. _. ~- ZONING DISTRICT INFORMATLON SUMMARY Case #96-114 From R-1 to R-6 Existing R-1 Single Famil~Residential District: Proposed R-6Apartment Bldgs./Hi ,h Density 'PURPOSE: This district includes lands subdivided for single .family residential purposes and associated uses. This district is designed. to provide sufficient, suitable residential neighborhoods, protected from incompatible uses, provided with necessary facilities and services. PURPOSE: This district contains land used for a variety of housing types, primarily multiple fanuly dwellings. This district is designed to provide the widest range of housing. types as well as the highest density in the community. PERMITTED USES: PERMITTED USES: Single family dwellings Home occupations Single family dwellings, built under the zoning restrictions of District R-1,A. Duplex dwelling units, built under the zoning restrictions of District R-2. Townhouse dwelling units, built under the zoning restrictions of District R-3. Apartment(s) and Apartment buildings. Convalescent homes. Home occupations. Dormitories. Parking lots associated with other permitted uses in this district. Rooming and Boarding houses. 96-114 H&M Wholesale, Inc. H H Alford 1214 S. College Avenue Bryan, Texas 77803 96-114 Thomas L. Linton 204 Fairview College Station, Texas 77840 96-114 Southgate. II LTD 310. University Drive E. College Station, Texas 77840 '' 96-114 'll Edward O. Hefti '. 300 Fairview Street College. Station, Texas 77840 96-114 Larry Rother P.O. Box 10190 College Station, Texas 77842 96-114 Benjamin F. Liles 3.14 George Bush Drive College Station, Texas 77840 96-114 J.E. Loupot Sr. 1201 Walton Drive College Station, Texas 77840 96-114 John A. Shellberg 205 Highland College Station, -Texas 77840 96-114 R.L. Hunt Estate P.O. Box,3333 Grapevine, Texas 76051-3333 96-114 Frank Sheppard Jr. 1403 Angelina Circle College Station, Texas 77840 96-114 Billie M. Trail 12 Ranchero Rd. College Station, Texas 77845 96-114 Edsel G. Jones 310 University Drive E. College Station, Texas 77840 96 114 R.L. Hunt Kay Perrone -CPA 1716 Briarcrest Drive #203 Bryan, Texas 77802 96-114 John H. Pruitt 318 George Bush Drive College Station, Texas 77840 96-114 Sul Ross Masonic Lodge 1300 312 George Bush Drive College Station, Texas 77840 ' 96-114 Randy G. Benson & Beverly Benson Storey 2553 Texas Avenue S. #C-300 College Station, Texas 77840. 96-114 M. Scott Samuelson 815 E. 30th Street Bryan, Texas 77803-4782 96-114 V. Shaw & Jean Wulfson 1807 Hondo College Station, Texas 77840 96-114 Dan Davis Jr. & Suanne Davis Pledger Box 422 Calvert, Texas 77837 96-114 Patrick & Mary Castle 300 Highland College Station, Texas 77840 ~•, CITY OF COLLEGE STATIOI`I `~ LEGAL DEPARTMENT `/ POST OFFICE BOX 9960 1101 TEXAS AVENUE COLLEGE STATION, TEXAS 77842-9960 .(409) 764-3507 M E M O R A N D U M , 'dpi Natalie Thomas, :Planning Technician FFIOM Carla Robinson, Legal Intern REa Rezoning Ordinance - 202 Montclair DATE; September 19, 1996 As requested, please find attached.. the proposed rezoning ordinance for 202 Mointclair. The applicant is Suanne Davis Pledger. If we can be of further assistance, please advise. CR:jls Attachment js/c/rezone/natalie ~. f C L C ^^^ ^ a ^ ^ ^ ^ ^ ^ ^ ^ ^ cn n n b cn _ n Z ~ b r b ~ ~ ~+ n . ~ N ~ ~ N ~, ' ~'. ~ ~ A n . N ~ w ~ Q ''tt ~ "'~ n O r. ~ ~ ~~ j' ~ ~ rr r'~.. -. . ~ ` w ~. ~ ~ ~ . y rh ~ ~ ~ ~ ~~ Cl~ ~ Q ~ ~- ~ +~ cn ~ '~ ~„~ ~ ~ ~ ~~ ~- ro ~ ,, . ~ rt ~ ~~ ~ ~ ~1 ~ ~ ,.~.. ~' t rt i ~+ '.I I r! _ ~T-,