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STAFF REPORT
Item: Public hearing and consideration of a rezoning of approximately 4.24 acres located on the
southeast corner of University Drive and Wellborn Avenue from A-P Administrative-Professional
to C-B Business-Commercial. (Planning Case No. 97-106)
Item Summary: The existing zoning is in line with the University Drive Corridor Land Use Plan,
which shows business commercial uses to the west of Lincoln and lower impact administrative
professional uses to the east of Lincoln. The proposed rezoning would in effect shift the boundary
line between the business commercial and the administrative professional to the east, adjacent to
the existing Post Oak Forest offices. With this request, the applicant is essentially requesting that
the change in policy relating to the land uses on the south side of University change to reflect more
business commercial as opposed to administrative professional.
Both the existing policy and the policy proposed by the applicant have merit from a land use and
zoning standpoint. The existing policy would guarantee that the property will eventually develop in
a less intense, limited commercial use such as offices, banking institutions, or personal service
shops. The proposed policy would allow more intense uses such as restaurants, theaters, and
hotels. Both land use classifications would fit within the University Drive Corridor, however, the
policy change and rezoning would no longer reserve a significant amount of vacant land
specifically for office use.
Policy Issue Statement:
Civic Pride - Citizens benefit from. well-planned, attractive residential and
commercial areas, and from preserving historic areas.
The existing Land Use Plan shows the area to be office service from Lincoln to the East Bypass.
The draft land use plan that is pending adoption reflects the recommendations of the University
Drive Corridor. Existing and draft development policies would not support the requested rezoning.
Rezoning the subject property would therefore constitute a change in policy from maintaining the
property for exclusively office/service type uses to allowing more intense commercial uses of the
property .
Item Background: The subject tract has recently been rezoned to A-P, in compliance with the
existing Land Use Plan. The plan for the University Drive Corridor, which extends from Tarrow
to the East Bypass, was reviewed several years ago when Council directed Staff to study the area
and make recommendations to ensure that the area would develop as an entrance corridor into the
City.
The University Drive Corridor Study, which was adopted by Council in 1991, recommended a mix
of commercial and office uses for the majority of the University Drive frontage extending from
Tarrow to the East Bypass. The intent of the recommendations was to maintain an attractive
entrance into the City through land use and aesthetic controls. Council approved a new
commercial district, which lists a range of uses such as hotels, restaurants, and retail, but prohibits
convenience stores and service stations. The lots that had been zoned C-l during the 1980's were
rezoned to the new C-B District in 1992 to ensure uses would be in compliance with the corridor
plan.
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The Overlay District was created and applied to the corridor as well. This district contains specific
aesthetic requirements and restrictions. The adoption of Streetscape requirements, which occurred
two years later, extended similar requirements as found in the Overlay District to all commercial
properties throughout the City. There now are only a few requirements, such as screening of
outdoor storage and increased setbacks, that are unique to the Corridor.
At the time that the new corridor restrictions were in the process of being implemented, Council
discussed the A-P areas during a rezoning hearing. The Council stressed the goal of maintaining a
substantial amount of office zoned property rather than allowing the entire corridor to become C-B.
Budgetary & Financial Summary: N/ A
Staff Recommendations: Staff recommends against this request because it is not in line with the
current Council policy. If Council chooses to change the policy and allow more intense
commercial development, the impact will be relatively minor from a land use perspective.
However, the change could potentially have a significant impact on the existing sewer system in the
area.
If the policy change and the subsequent zoning is approved, Staff recommends that approval be
conditioned upon the following:
That a sewer impact study be provided at the time of development analyzing the impact of the
development on the sewer infrastructure and that any improvements are borne by the developer.
Related Advisory Board Recommendations: N/A
City Attorney Recommendation/Comments: Legal has approved as to form.
Commission Action Options: Recommend approval; recommend approval with conditions;
recommend denial of the policy change.
Supporting Materials:
1. Location Map
2. Application
3. Engineering Information and Notification Information
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ENGINEERING
Water: This property has adequate water service from an existing water line in the
University Drive right-of-way.
Sewer: As stated in the recent rezoning case from R-l to A-P on this property (Planning
Case 97-101), there is marginal capacity remaining in the sewer line that serves the
northern portion of the City. Under the existing City development policies for new
commercial properties in this area, the developer must submit a sewer impact study that
analyzes the impact of the proposed development on the existing sewer infrastructure. If
this study indicates that the existing infrastructure is not capable of handling the
increased demands, then the developer must assume the cost of the necessary sewer
improvements.
Streets: This property has access to University Drive which is classified as a major
arterial and has sufficient capacity.
Off-site Easements: Not applicable.
Sidewalks: At the time offinal plat, the need for sidewalks will be addressed.
Drainage: The detention requirements for this property will be reviewed at the time of
final plat or site plan review.
Flood Plain: This property is located within the 100-year flood plain with designations
of Zone "AE" and Zone "A". The areas of Zone "AE" have base flood elevations
determined, but the areas of Zone "A" will require a hydraulic analysis to determine the
base flood elevations.
Oversize Request: Not applicable.
Parkland Dedication: Not applicable.
Impact Fees: Not applicable.
NOTIFICATION:
Legal Notice Publication(s): The Eagle; July 2, 1997 and July 30, 1997
Advertised Commission Hearing Dates(s): July 17,1997
Advertised Council Hearing Dates: August 14, 1997
Number of Notices Mailed to Property Owners Within 200': 21
Response Received: None as of date of staff report
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