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STAFF REPORT
Case No.: 96-117
Request: Rezoning of approximately 3.5 acres located in the Robert Stevenson
Survey on the northeast corner of Wellborn Road and Mortier from C-3
Planned Commercial to C-2 Commercial Industrial
Applicant: Donna Winslow for Dr. Lieven Van Riet
ITEM SUMMARY AND RECOMMENDATION
The applicant is requesting the rezoning in order to prepare the property for development
as an animal boarding facility with associated uses such as .animal grooming and perhaps
future veterinarian offices. The C-2 district is considered a more intense zoning district
because in addition to the uses allowed under the present. C-3 zoning, the C-2 also permits
uses such as theaters, restaurants, and retail as well as more industrial commercial type
uses like warehouses. and welding shops.. Even though the applicant would be willing to
submit to certain use restrictions, placing such restrictions on the .property would be
tantamount to "contract zoning". Therefore the City. must consider all of the uses listed in
that district rather than this specific use.
From a planning and zoning viewpoint, the zoning is in compliance with the City's Land
Use Plan for the area. Staff therefore recommends approval with the condition that the
buffer area be developed as is laid :out in the R&D district and in keeping .with the
condition placed on the Master Plan and original zonings for this Edelweiss Subdivision.
ZONING AND LAND :USE
Subject Tract: C-3; vacant
North: C-3; vacant
East: R-I Single Family; vacant
South: R-5 Apartment Buildings/Medium Density; developed as the Villas of
Rock Prairie Road -retirement community
West: Outside City limits; rural
Proposed Use: Boarding kennel and related uses
COMPREHENSIVE PLAN
Land Use Plan:. The LUP that was amended in 1992 with the approval of the
Edelweis Estates Master Plan reflects the entire area from Mortier to N. Graham
as retail commercial. The C-2 contains both industrial commercial and general
commercial uses and is therefore considered a commercial district. The request is
in compliance with the Land Use Plan.
Thoroughfare Plan: Wellborn Road is reflected as a major arterial and Monier
is a collector.
Development Policies: The City's development policies state that commercial
property that directly abuts single family should be avoided. However, the
developer had offered the future concept of landscaped buffer areas to help
mitigate any negative impacts. that such adjacencies might cause. The rezoning to
allow the A-P, C-1 and C-3 to abut the R-1 was therefore approved.
Parkland Dedication: None required.
ENGINEERING
Water: This site has adequate water to provide service to this proposed
development.
Sewer: This site has adequate sewer capacity to provide service to this proposed
development. In addition, this property is located within the Sanitary Sewer
Service Area "92-01" and is subject to impact fees associated with this area.
Streets:.This site has access to Wellborn Road, a major arterial, and Mortier
Drive, a collector. These .two streets have adequate. capacity to handle the
increased traffic generated by this proposed development.
Drainage: This site will be required to :provide a drainage report to analyze the
need for detention. This -site, as well as all other areas zoned commercial in
Edelweiss Estates; will need to provide their own private detention facility if
required.
Flood Plain: According to FEMA floodplain maps, this site is not located within
a flood hazard area.
NOTIFICATION:
Legal Notice Publication(s): 10-2-96; 11-5-96
Advertised Commission Hearing Dates(s): 10-17-96
Advertised Council Hearing Date: 11-20-96
Number ofNotices Mailed to Property Owners Within 200': 2
Response Received: None as of date of staffreport
HISTORICAL OVERVIEW
The Edelweis .Subdivision was annexed into the City in the early 90's to prepare for the
planned development. A Master Plan was approved in 1992 and was amended in 1994.
That plan .showed a development that was. largely single family with a mix of park land,
high density residential, and planned industrial to act as a buffer on the south side between
the subdivision and the heavy industrial zoning further to the .south. The western
periphery showed retail commercial along Wellborn Road that directly backed up to single
family, with the provision of buffer areas as justification for the adjacency. Those buffer
areas have only been discussed in concept thus far and specifics have been left for the
future site planning of each specific use.