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HomeMy WebLinkAboutStaff ReportSTAFF REPORT Item: Public hearing and consideration of a rezoning for three tracts totaling 8.03 acres located on the southwest corner of Highway 30 and Pamela Lane from A-0 Agricultural/Open to 4.71 acres of C-B Business Commercial and 3.32 acres of A-OX Existing Rural Residential. (99-132) Applicant: De1ph Ross Item Summary: The subject property consists of three tracts - a vacant five acre tract. at the immediate corner of Highway 30 and Pamela Lane that extends back to Vista Lane and the City Limits line; a 1.7 acre tract that contains the former Jose's restaurant which burned down several years. ago; and a 0.97 acre tract that extends to the City Limits Line and contains a legally nonconforming apartment complex. The applicant's primary interest in this particular rezoning case is to secure the middle tract, the former Jose's tract, for the future use as a restaurant. Several commercial zoning districts would permit restaurants as uses by right; the C-B is the least broad of these zoning districts, although it still includes a good number of other uses, such as retail, restaurant, hotels, and theaters. Uses such as nightclubs and service stations are possible as conditional uses. .The former Jose's. property abuts an existing A-O zoned piece of property which was incorporated into the relatively large residential lot that fronts on Vista Lane and lies just outside the City Limits. The remaining two tracts extend off of Highway 30 and are bound on the south side by the City Limits. The applicant obtained the adjoining property owners' consent to join in this rezoning request subsequent to discussions with City Staff. The applicant currently owns the Koppe Bridge Bar and Grill on Wellborn Road, and is concerned that eventually TXDOT may widen that roadway to include all' or most of his property. This is one of the many options that is being considered by TXDOT, and. the likelihood. of such a large right-of--way acquisition is as yet uncertain. In any case, the applicant will be compensated. However, the applicant is uncomfortable with this uncertainty and is therefore pursuing the commercial rezoning on the subject property. However, if tthe applicant had proceeded only with a rezoning on the Jose's site, the request would have '.had several characteristics of a "spot. zone". To avoid a potential "spot zone" argument, the.applicant has incorporated the adjoining two tracts that would complete a pattern of commercial frontage from the existing C-3 tracts just to the west of the subject property to the Pamela Lane intersection. A portion of the request includes 3.32 acres .out of the 5 acres located on the Highway 30 and Pamela corner for A-OX zoning. This pattern would rezone the corner in line with the commercial frontage that is represented in this case, and it would leave a rural residential lot as a buffer tract between the commercial frontage and the rural residential subdivision that exists outside the City Limits to the south in the Harvey Hillsides .area. While there are several positive arglunents for allowing the subject property to be developed as commercial, Staff cannot support the .rezoning at this point in time. The most important reason to rezone a piece of property is to bring it in line with a City adopted vision for the future of an J:\PZTEXT\PZ02134.DOC area, which generally takes the form of a land use plan.. The plan for this area currently is unrefined - it indicates an area of future growth that exists. as a holding classification. There may be educated guesses as to the future land uses in the area, however, at this time, no formal decisions have been made. Therefore, it is difficult for Staff to determine whether. or not the rezoning request would be in line with the future development of the. area. In addition to the current lack of detailed land use planning in the area, the request involves potential strip commercial elements. "Strip" commercial is generally characterized by multiple commercial sites lining an arterial with a proliferation of access points, signs, and other visual inconsistencies. The City of College Station has. adopted development policies that call for a more comprehensive approach to commercial development, and has therefore discouraged strip commercial.. There may be ways to deaf with the negative aspects of strip commercial in the future,. if it is approached through a planning effort that results in ordinance changes relating to commercial. districts. Item Background: The subject property was annexed into the City Limits in 1980, which was when the area bound by Highways 30, 60, and 158 from the former TI property was annexed, as well as a strip of land extending from Carter Creek east to Highway 158 on the south side of Harvey Road. The area that was annexed has not been formally studied in a special area land use plan, and has .until recently. been considered one that was not receiving the same evel of development pressures as other, faster,growing areas of the City. However, activity in this'area in the recent past has lead to the. need for a special area plan. The City recently approved additional C-2 zoning to .essentially double an existing C-2 development on 158. Earlier this year, C-B zoning was approved for the .northwest corner of Highway 158 and 30. Two of the churches have expanded their facilities and their parking lots, and a rural style convenience store has recently been. approved to convert to a barbeque restaurant. Commercial '.and residential development in-Bryan is moving toward this .area, and Highway 158 is scheduled for a TXDOT widening project. There has also been some City interest in attracting light industrial uses to this area. Due to development pressures in the area, the City's Economic Development Department is initiating a special area plan. That. department is currently seeking a consulting firm to study this area, but the scope and timing of that. study. are uncertain at this time. However, Staff anticipates that a study will be brought forward to City Council in the near future. Budgetary & Financial Summary: No City'financial participation is requested at this time. Staff Recommendations: Staff recommends denial. Related'. Advisory Board Recommendations: N/A Commission Action Options.: The Commission acts as a recommending body on the question of rezoning, which will be ultimately decided by City Council. The Commission options are to recommend approval of rezoning as submitted, recommend approval with physical conditions that will mitigate negative impacts, recommend a less intense zoning classification, recommend denial, table indefinitely, or defer action to a specified date. Supporting Materials: 1. Location Map 2. Application 3. Infrastructure and Facilities J:\PZTEXT1PZ02134.DOC :.STAFF REPORT _Itern: Public hearing and consideration of a rezoning for three tracts totaling 8.03 acres`located on the southwest corner of Highway 30 and Pamela Lane from A-O AgriculturaUOpen to 4.71 acres of C-B Business Commercial and .32 acres of A-OX Existing Rural Residential. {99-132) .Applicant: Delph Ross... Item Summary: The subject-property consists of three tracts --a vacant five-acre tract at the immediate corner of Highway'30 and Pamela Lane hat extends back to `Vista Lane and the City Limits line; a 1.7 acre tract that contains the former Jose's restaurant which burned. down several . _,._ years- ago; and a°-0.97 -acre tract that' extends to the City iLimits_ Line, and c_o_ntains a legally..- nonconforming apartment complex. The applicant's primary interest in this particular rezoning case is to secure the. middle tract, the former Jose's tract, for the future use as a restaurant: Several commercial zoning districts would .permit restaurants. as uses by right; the C-B is the least broad of these zoning districts,. although. it still includes a good number of other uses, such as retail, restaurant, hotels, and' theaters. Uses ~ such as night clubs and service stations are possible as conditional uses. ~ The former Jose's property.. abuts an existing A-0 zoned :piece of property which was P incorporated into the relatively large residential lot that fronts on Vista Lane andlies just outside the City Limits. The remaining two tracts extend .off of Highway 30 and are bound on the south side by the City Limits. The':applicant obtained the adjoining property owners' consent o join in this rezoning request subsequent to discussions with City Staff. The applicant currently owns the Koppe Bridge. Bar and Grill on Wellborn Road, and is concerned that eventually TXDOT may widen that roadway to include all or most of his property. This is' one of the many options that. is being.considered by TXDOT, and the likelhood'of such a largeright-of--way acquisition is as yet uncertain. In any case, the applicant will be compensated. However, the applicant is `uncomfortable with this uncertainty and is therefore pursuing the commercial rezoning on -the subject property. However, if the applicant had proceeded only with a rezoning. on the Jose's site, the. request would have .had several characteristics of a "spot. zone". ' To avoid a potential. "spot zone" 'argument, the applicant has incorporated the adjoining two tracts that would complete apattern of commercial frontage from the existing C-3 tracts just to the west of the subject' property to the 'Pamela Lane intersection. A portion of the request includes 3.32 acres out of the 5 acres located on the Highway 30 and Pamela corner for A-OX zoning. This pattern -would rezone the corner in line with the commercial frontage that is represented in this case, and it would leaves rural residential lot as a buffer tract between the commercial frontage and the rural residential subdivision that exists outside the: City Limits to the'south in the Harvey Hillsides area. While there are'several positive arguments for allowing the subject property to be developed as commercial, Staff. cannot support the rezoning at this point in time. The most important reason to rezone,a piece of property is to bring it in'line with a City adopted vision for the future of an J:\PZTEx"IlPZ02 ! 34. DOC area, which `generally takes the form of a land use plan. The plan for. this area currently is unrefined - it indicates an area of future growth that exists as a holding classification.. There may be educated guesses as to the future land uses in the area, however, at this time, no formal decisions have been made. Therefore,. it is difficult for.Staff to determine whether or not the rezoning request would be in line with. the future development of the area. In addition to the current lack of detailed land use planning in the area, the'request.involves potential strip commercial elements. "Strip":commercial is generally' characterized by multiple commercial sites- fining an arterial with a proliferation of access. points, signs,: and other visual inconsistencies. The City. of College_Station has adopted...:development,policies that call--for-- a-- - more:.comprehensive approach to commercial-development, and has therefore-discouraged-strip commercial There may `be ways to deal with the negative aspects of strip: commercial 'in the future, if it is approached through a planning effort that results in,ordinance changes relating to __ - __.-_ commercial districts. Item Background: The subject property was annexed into the City Limits in :1980, which was when the area bound byHighways`30, 60, and 158 from the-former TI property,was annexed, as well as a strip of land extending from Carter Creek east to Highway 158 on the south side of .Harvey Road. The area that was annexed has not been formally studied in a special area,land use plan, and has untiC recently 'been considered one that was not receiving the same level. of development pressures as other, faster growing areas of the .City. '.However, activity in this area in the' recent past has lead to the need for a special area plan. The City recently approved additional C-2 zoning to essentially double an existing C-2 development'on 158. Earlier this year, CmB zoning was approved for the northwest corner of Highway 15$ and 30. Two of the churches have expanded their facilities==and their parking lots,'.. and a rural style convenience store has recently been approved to convert o a barbeque restaurant. Commercial' and residential development in Bryan is moving toward this .area, ,and Highway ..158 is scheduled for a TXDOT widening project. There has also. been some City interest in attracting light,industrial uses to this area. Due to development pressures in the area, the City's Economic Development Department,, is initiating a special area plan. That department: is currently seeking a consulting firm to study this area,, but the scope and timing of that study,are uncertain at this time, However, Staff anticipates that a study will be brought forward to City Council in the near future. Budgetary & Financial Summary: No City financial ,participation is requested at this time. .Staff Recommendations: Staff recommends denial. Related Advisory Board Recommendations: N/A Commission Action Options: The Commission acts as a recommending bodybn the question of rezoning, which will be ultimately' decided by City Council.. The Commission options are to recommend approval of rezoning as submitted, recommend approval with. physical conditions that. will mitigate negative impacts, recommend a less intense zoning classification, recommend denial, table' indefinitely, or defer action to a specified date. Supporting Materials: 1. Location Map 2. Application 3. Infrastructure and Facilities J:\V'ZTEX"[~PZ02134.DOC -INFRASTRUCTURE AND FACILITIES Water: An 8" waterline exists in' Highway 30 across the frontage of much of the property :fronting that_`road. ;bevelopment'-of the .five acre tract on_the corner may .require water. line extensions in the future. Sewer:. A 15"-sewerline exists through all tracts: If the corner tract. is subdivided, sewer extensions may be required. -- Streets: The sabje~t property-has frontage-alongHighway 30, Pamela Lane, and-V-ista - - --- - - - Lane. Highway 30 -is-classified asa major collector; -Pamela and Vista are -local - - -- residential streets. - - Off-site Easements:-.None at` his time. May be required as part of sitep(an approval Drainage: Compliance with drainage ordinance requirements will be applied at the time of site plan (existing impervious cover is exempt from requirements). Flood Plain: None in this area. Oversize request: Impact Fees:. None in his area i~ Parkland:. Not required for commercial developments ~. . Sidewalks: Typically,. required with site development; requirement .waived if street frontage has open ditch sections NOTIFICATION:. Legal Notice Publics#ion(s); The Eagle; 1'0-20-99 and 11-2499 Advertised Commission Hearing Dates(s): 11-4-99 Advertised Council Hearing Dates: 12-9-99 Number of Notices Mailed to Property Owners Within 200': $ Response Received:. Three inquiries as of 10-28-99 J:~PZTEJCI~PZ02134. DOC