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STAFF REPORT
Item: Public hearing and consideration of a rezoning of approximately 107 acres located in the
southeast quadrant of the University Drive and East Bypass intersection in the Richard Carter
Survey, Abstract 8, from A-O Agricultural/Open and R-l Single Family to C-l General
Commercial. (planning Case No. 97-109)
Item Summary: The majority of the property is located within the Carter Creek floodway, and is
therefore currently considered undevelopable. The applicant is applying to FEMA and to the City
to have the floodway channelized, thereby reclaiming a substantial amount of land for
development. The City is reviewing the reclamation request under the current Drainage Ordinance,
which allows relocation and reclamation of flood fringes and floodways (flow areas) of all creeks.
Rezoning of the property will prepare the property for development and could potentially facilitate
the reclamation project.
The tract is bound on the north by University Drive and on the south by Highway 30. Property to
the immediate west is zoned C-l and C-2; property to the immediate east is zoned M-1.
From a land use standpoint, the request for commercial development could be considered
compatible with the zoning and land uses that are within the immediate area if the property were
rendered developable. It is also in line with the development policy that commercial land be
located near major intersections.
However, the property is shown on the Land Use Plan as Parks/Open Space due to the
Comprehensive Plan Objective to preserve the Carter Creek floodway. The implementation of this
policy would involve property acquisition, otherwise floodway reclamation is possible under the
City's Drainage Ordinance.
Policy Issue Statement:
Civic Pride - Citizens benefit from well-planned, attractive residential and
commercial areas, and from preserving historic areas.
Parks and Recreation - Citizens benefit from parks and recreational activities that
are geographically and demographically accessible and serve a diversity of
interests.
DEVELOPMENT LOCATIONS - Goal #1 - ...provide adequate amounts of
appropriately zoned land for all land uses... Objective 1.2 - promote the use of
vacant land in the existing sewershed area... Objective 1.3 - ...avoid strip
commercia1...encourage centralized commercial development which encourages
multi-modal access...
FLOODWAYS - Goal #5 - ... encourage development that is in harmony with the
environment. Obiective 5.1 - prohibit reclamation of the floodway associated with
Carter Creek, ...in order to prevent upstream flooding, avoid long term structural
and erosion problems associated with floodplain reclamation, and to provide a city
wide network of natural open space.
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FLOODPLAINS - Obiective 1.3 - ...develop and encourage innovative solutions
that are aesthetically pleasing and environmentally sensitive to abate flooding and
drainage problems...Obiective 3.2 - ... in cooperation with community groups such
as the Brazos Greenway Council, designate selected portions of the 100 year
floodplain.. .as natural corridors that are to be used for open space and passive
recreation...Obiective 4.2 - ...begin to address solutions to stormwater
management which incorporate...stream side buffers and soil bioengineering...
The Land Use Plan reflects the area as Parks/Open Space due to the fact that the entire tract is
located within the floodway of Carter Creek. The Parks/Open Space designation is to be used for
purposes of buffering otherwise incompatible land uses, preserving a significant amount of natural
open space, and creating linkages between the City's parks. The reclamation area that is proposed
by the applicant will provide linkages, but it will destroy the natural environment as it exists today
along the affected portions of Carter Creek. The reclamation of the floodway itself is in direct
conflict with Objective 5.1.
Item Background: No previous action found.
Budgetary & Financial Summary: N/ A
Staff Recommendations: There are several engineering, legal, planning, and zoning issues
involved in the development of the subject property that remain unresolved. Under current physical
conditions of the property, the 107 acres remain largely undevelopable until all pending permits
have been issued through the City Engineer's office and through several federal agencies.
Therefore the request is not yet ready for rezoning to a more intense land use classification. Staff
recommends denial at this time.
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
(height limits, buffering, rezone less property, rezone to less intense land use); recommend denial;
recommend denial without prejudice; table; defer action to a set date.
Supporting Materials:
I. Location Map
2. Application
3. Engineering Information and Notification Information
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ENGINEERING
Water: Existing infrastructure surrounding the property is adequate for most
developments. Service will need to be extended by the developer to service interior
developments as they occur.
Sewer: Existing infrastructure appears to be adequate, however as development is
proposed a more accurate determination of capacity can be made.
Streets:. Streets may need to be added to access developments in the interior of the
property.
Off-site Easements: Not applicable.
Sidewalks: At the time of final 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: Currently the property is located within the 100 year flood plain as shown
on the 1992 FEMA FIRM maps. The applicant is proposing channelization of the
floodway which. would reclaim significant portions of land currently located within the
floodplain. The floodway reclamation report indicates that the existing natural channel
will be relocated into a 50' low flow channel. The floodplain width in this area will be
approximately 300' wide with gentle side slopes that will provide for a ..pastoral
appearance. At this point, to keep with design characteristics and optimum floW, no new
plantings (trees, shrubs, etc.) are proposed. It is critical that this floodplain be
maintained (mowing on schedule and regrading as necessary) in order to provide for the
optimum flow as calculated in the report.
Oversize Request: None is being requested.
Parkland Dedication: Not applicable.
Impact Fees: Not applicable.
NOTIFICATION:
Legal Notice Publication(s): The Eagle; August 20, 1997; and September 10, 1997
Advertised Commission Hearing Dates(s): September 4, 1997, due to notice error
Advertised Council Hearing Dates: September 25, 1997
Number of Notices Mailed to Property Owners Within 200': 13
Response Received: Several inquiries as of date of staff report. Brazos Greenways
Council has expressed concern regarding the reclamation project. Inquiries from the
Winwood Homeowner's Association President Sherrie Ellison.
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