HomeMy WebLinkAboutMinutesRegular Item
Consent Item
Statutory Item
Item Submitted By:
For Council Meeting Of:
Director Approval:
City Manager Approval:
Sabine McCully, Senior Planner
August 27, 1998
Item: Public hearing and consideration of rezoning of approxnnately 6.32 acres out of the total
14.57 tract; all located. on the east side-of Highway 6 approximately 4000 feet south of the Rock
Prairie Road and Highway 6 intersection from A-0 AgriculturaUOpen to Gl General Commercial.
(98-112)
Item Summary: The applicant has submitted this. request in order to allow for the development of
a Harley motorcycle dealership.... The dealership is to be located on 6:32 acres immediately adjacent
to the Silk Stocking nightclub. The nightclub is currently zoned A-0 and is reflected. as regional
retail on the Land Use Plan. To the west there-is a vacant strip of C-3 and A-P zoning extenduig to
the future Barron. Road overpass. The rezoning request is in compliance with the Land Use Plan.
Policy Issue Statement:
Civic Pride Citizens benefit from well-planned, attractive residential and
commercial areas, and from preserving historic areas.
The Land Use Plan reflects. the area extending from the future Barron Road intersection to the Lick
Creektributary as regional retail
Item Background: The area was annexed into the City Limits in 1983. Atone time, a rezoning to
C-1 was approved to allow the continuation of a flea market, which had been placed on the
property shortly after annexation in violation of City standards.. The necessary steps to render the
use legitimate were abandoned, and the zoning reverted to A-0 a few years ago.
Budgetary & Financial Summary: Oversize participation may be requested in the future as the
property develops.
Staff Recommendations: Staff recommends approval of the rezoning.
Council. Action Options: Approval of rezoning as submitted, approval with conditions, denial of
request, table indefinitely or defer action to a specified date.
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Related Advisory Board.. Recommendations: The Planning. and Zoning Commission herd a
public hearing. on August 6 and recommends. approval by aunanimous vote.
City Attorney Recommendation/Comments: NA
Supporting Materials:
1. Location Map
2. Application
3. Engineering and Notification Information
4. PnZ minutes
5. Ordinance
i o:\group\deve_ser\cvsht\aug27\98-112.doc
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Section 14 of the Zoning Ordinance authorizes the existence of conditional uses. The Commission may
permit.a conditional use subject to appropriate conditions and safeguards, when after public notice and
hearing the Commission finds that: (Staff comments are in italics)
1. "The proposed use :meets all the minimum standards established in the. ordinance for the type of
use proposed." The applicant will return to the Commission for final site plan approval.
2. "That the proposed use meets the purpose and intent of the ordinance and is in harmony with the
development policies and goals and objectives as embodied in the Comprehensive Plan for Development
of the City." :The Land Use Plan reflects the area as residential and churches are .generally
considered compatible uses with residential as long as potential negative impacts are mitigated
3. "That the, proposed use will.. not be .detrimental to the ,health, welfare, and safety of the
surrounding neighborhood or its occupants, nor be substantially or permanently injurious to neighboring
property." The public hearing is an opportunity for the Commission to measure the potential impact
on surrounding land uses.
"The Commission may impose additional reasonable restrictions or conditions to carry put the spirit and
intent ofthe ordinance. and to mitigate adverse :effects of the proposed use. These requirements may
include, but are not limited to, increased open space,. loading and parking requirements, additional
landscaping, and additional improvements such as curbing, sidewalks and screening." In the past, the
Commission has required additional site improvements such as fences or vegetative buffers to screen
adjacent residential areas from a new conditional use or an expansion.
Chairman Massey opened the public hearing.
Constantin Darbu, Architect for the project, explained. that the intent.. of the fellowship hall is to be able
to hold meetings without opening the church during the week. In the past the church would have to be
"rearranged" with tables and chairs for these types of meetings which was .quite an inconvenience. He
said that there is currently on-street parking for this site. He said that this addition would not increase
the number of members to the church. A parking lot plan will be included with the site plan when it is
submitted in the future.
Chairman Massey closed the public hearing.
Commissioner Maloney moved to approve the use only request as .submitted. Commissioner Garner
seconded the motion which passed unopposed (5-0).
AGENDA ITEM NO. 3: Consideration of a Preliminary Plat for the Harley Subdivision
consisting of 14.57 acres and a public hearing and consideration of .rezoning of approximately
6.32 acres out of .the total 14.57 acre tract, all located on the east side of Highway 6
approximately 4000 feet south of the.Rock Prairie Road and .Highway 6 intersection from A-O
Agricultural Open to C-1 General Commercial. (98-112 & 98-319)
City Planner Kee. presented the staff report. and. stated. that the applicant submitted this request to allow
for the development of a Harley motorcycle dealership. The preliminary plat includes the proposed.
dealership site and two adjacent tracts that.. formed part of the parent tract. Staff reviewed this plat and
requested several revisions.. The revised plat (included in the Commissioner's packets) shows
P&ZMinutes August 6, 1998 Page 2 of 6
,..
compliance with the Citys Subdivision Regulations,. with a few exceptions... Some revisions still need to
be made.
Ms. Kee. said that the dealership is to be located on 6.32 acres immediately adjacent to the Silk Stocking
nightclub. The nightclub is currently zoned A-O and is reflected as regional retail on the Land Use Plan.
To the .west .there is a vacant strip of C-3 and AP zoning extending to the future Barron Road
overpass. The rezoning request is in compliance with the Land Use plan.
Staff recommended. approval of the -rezoning request. Staff also recommended approval of the
preliminary plat with the following conditions:
1. The remaining acreage be labeled as lots or reserve tracts.
2. A note be added. to the .plat stating :that FEMA's hydraulic study be continued upstream to
determine the 100 year floodplain at such time when either-Lot 2, Block 1 or the remaining acreage
to the north is final :platted.
3. The 100 year floodplain note on the plat be revised since it is unknown whether floodplain exists on
Lot 2, Block 1 or the remaining acreage to the north.
Chairman Massey opened the public hearing. Seeing no one present to speak in favor of or opposition
to the request the public hearing was closed.
Commissioner Mooney moved to recommend approval of the rezoning request and approve the
preliminary plat.with the conditions as stated by staff. Commissioner Parker seconded the motion which
passed unopposed (5-0).
AGENDA ITEM NO. 4: Consideration of signage and building colors for anew restaurant
located in the WolfPen'Creek Corridor. (98-426)
City Planner Kee presented the. item and stated .that. the Wolf Pen .Creek Design Review. Board .met to
look at the color and signage for the "Clay Oven",anew Indian restaurant to be located at 1905 South
Texas Avenue, formerly Kokopelli's. The new tenants, Mr. and Mrs. Oberoi, painted the building from
sand color to the blue with a sand colored stripe before .realizing the need to go through the review
process. They came in once they were made. aware of the need for review. Ms. Kee explained that the
Design Review Board made a motion to approve the replacement of the freestanding sign and to leave
the blue color on the` building with the exception that the front architectural feature {the attached arch)
would be painted to match he sand: colored stripe that goes around the building, adding. that the
graphics for the freestanding sign could be included in the arch if desired.. The: tenants were advised that
any dead landscaping materials must be replaced. and that the Commission has the final say over the
signage and colors. The new restaurant owners intend to open for business around August 10, 1998.
Commissioner Garner. moved to approve the .signage and building color as presented. Commissioner
Maloney seconded the motion which passed. unopposed (5-0).
AGENDA ITEM NO. Ss Consideration of a Preliminary Plat for the Woodcreek Subdivision,
Sections 10-A and 10-B consisting: of 29.114 acres divided into 76 single-family lots. located near
the east end of Woodcreek Drive and bounded by the Fozfire Subdivision to the east. (98-316)
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