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HomeMy WebLinkAboutStaff ReportsSTAFF REPORT Item: Public hearing and consideration of a Conditional Use Permit for the use only to permit a convenience store and service station in a C-B zoned district. The site is located on the northwest comer of University Drive and Highway 6 Bypass. (99-54) Applicant: Ray Hansen Item Summary: The applicant received a Conditional Use Permit for the use only at the end of last year. The site plan is coming back before the Commission as part of the CUP process. The request is for the development of a retail center that will include a bank drive-thru, a fast food restaurant with a drive-thru, and a convenience store/service station in the University Drive entrance corridor. The C-B zoning that has been applied to the corridor originally did not permit service stations or convenience stores because the intent of the district was to allow only those commercial uses that tend to have aesthetically pleasing site layouts. The C-B district was amended recently to permit service stations and convenience stores as conditional uses to acknowledge that under certain conditions and restrictions, such uses could present aesthetically pleasing sites as well. The Overlay District was also applied to the corridor, which does not affect the underlying uses, but includes additional aesthetic requirements. The Overlay contains specific restrictions for service stations should the underlying zoning permit such a use. The proposed building and site layout are to resemble a similar site owned by the same applicant at the comer of Welsh and 2818. That site was built under the Overlay district requirements because it was zoned C-1 with the Overlay provisions. Staff believes that the proposed use will meet the intent of the other University Drive Corridor regulations if the site is built similarly to the Exxon Station across from the High School. Relationship to Comprehensive Plan: The Land Use Plan shows this area as mixed use. Item Background: 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 encourage 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 prohibited convenience stores and service stations. The lots that had been zoned C-1 during the 1980's, including the subject tract, were rezoned to the new C-B District in 1992 to ensure uses would be in compliance with the corridor plan. The Overlay District was created and applied to the corridor as well. This district contains specific aesthetic requirements and restrictions for all development in general as well as additional requirements for service stations. Budgetary & Financial Summary: NA JAPZTEXT \PZ01517.DDC Staff Recommendations: 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." Staff conducted a technical review and found general compliance with development regulations with the exception of the items listed below in the staff recommendations. 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 request is in compliance with the University Drive Corridor Study and with the Comprehensive Plan. 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 out the spirit and intent of the 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." Unless the public hearing brings to light any new information indicating potential negative impacts, Staff recommends approval with the following conditions 1. That the site is built similar to the style of the Exxon Station at Welsh and 2818. 2. Need pavement details. 3. That the site is built in compliance with the City's Drainage Ordinance. 4. Make a note that the tenants of the site are responsible for opening the dumpster gates on collection days. 5. Dimension the cross-access easement on the HWY 6 driveway. 6 Verify the location of the storm sewer inlet in University Drive. 7. Dimension the cross-access easements. 8. If the plat changes the site plan, the changes must be reflected on a revised plan. Significant changes must return to the Commission. Related Advisory Board Recommendations: The PRC will review the building materials, signage, and building style before the site plan comes before the Commission. JAPZTEXTVZ01517.D0C Commission Action Options: The Commission has final authority over the Conditional Use Permit and associated site plan. The options regarding the use permit are: 1. approval as submitted 2. approval with conditions relating to specific site characteristics or with time limitations 3. denial with specified reasons for denial 4. table, or 5. defer action to a specified date. Supporting Materials: 1. Location Map 2. Application 3. Infrastructure and Facilities 4. Copy of site plan JAPZTEX1VZ01517.D0C INFRASTRUCTURE AND FACILITIES Water: Water is being extended under University Drive and along University Drive and Highway 6 Bypass as a part of the final plat. Sewer: Sewer exists along Highway 6 Bypass. Streets: None. As a part of the preliminary plat discussions, Glenhaven was removed from the Thoroughfare Plan and thus was not required to extend through the Gateway Subdivision. Access will be provided via cross-access easements that were required in accordance with a rezoning that was associated with the remainder of the Gateway Subdivision. Off-site Easements: See cross-access discussions, above. Drainage: Due to the location of the water shed, detention is not required. Flood Plain: The site is located outside of the 100-year floodplain. Oversize request: None requested at this time. Impact Fees: The site is not located in an impact fee area. NOTIFICATION: Legal Notice Publication(s): The Eagle; 6-18-99 Advertised Commission Hearing Dates(s): 7-1-99 Advertised Council Hearing Dates: Not required Number of Notices Mailed to Property Owners Within 2001: 3 Response Received: None as of date of staff report JAPZTEXT1PZ01 S 17.D0C 9,A 6 / ~(Iq~ L 61 117 94 V-4 61 j ~~6- ~4cm~ fr ~ -knew-. L 47`~a~ STAFF REVIEW COMMENTS No. 1 Project: 99-714 Gateway Center site plan review for CUP i1. Final site plan cannot be approved unless the ZBA grants the setback variance and appeal relative to the water/air facility, or unless the site plan is modified to meet the requirements. /2. Provide zoning information of all adjacent properties. Provide one interior landscaped or decorative island at 180 sf on the parking row in front of the building. What will this wall look like? Provide details regarding materials. 5. How will drainage be handled? 6. Need pavement details. i/7.~ Need a note that an irrigation system will be provided before CO. Fire trucks cannot make this turn. The part of the fire lane highlighted in green is not needed for fire protection. Remove the fire lane designation from this area. Is this a drive-thru? If so, it needs to be reconfigured so that it is not in the lane of opposing traffic. Can the loop around the building be one-way to avoid the traffic conflict? 10. Make a note that the tenants of the site are responsible for opening the dumpster gates on collection days. 11. Show the cross-access easement on the HWY 6 driveway. 1/'12. Show the proposed waterline that comes under the University Drive driveway. 13. Verify the location of the storm sewer inlet in University Drive. 14. Coordinate the access easements with the pending preliminary plat. 15. If the plat changes the site plan, the changes must be reflected on a revised site plan. Reviewed by: Sabine McCully Staff Review Comments Page 1 of 1 06115/99 . IT6 spaces (with a handicapped space), located on the side of the building, that are not used. 'T'here are additional spaces directly across from the facility (behind the other tenants), are some extra spaces that can be shared. The employees would use the side area to park and the parents would have access to front parking. The parking spaces are not usually occupied more than a few minutes while parents arf: dropping off the children. Commissioner Floyd asked about access to the facility. Mr. Bernhausen said that there are thi ef° entrances (two on Anderson and one on Holleman); the entrances are used almost evenly. There h.-vs, not been any congestion with entering and exiting the facility, and he does not anticipate a problem witli the expansion. The facility opens at 6:45 a.m. and the drop-off and pick-up times seem to be staggered due to the needs of the parents, which is enough to avoid congestion. The access is more difficult at this time because of the construction on Anderson, but once the construction is completed, it should be normal. Chairman Rife closed the public hearing. Commissioner Floyd moved to approve the Conditional Use Permit request. Commissioner Warre 7 seconded the motion. Commissioner Floyd asked for clarification of applying expiration dates to conditional use permits, he wanted to know if expiration dates have been used in the past. He felt that all conditional use should have expiration dates. Senior Planner McCully replied that Planning Staff has had discussions with the City's Legal Department, and concluded that it would be difficult to place expiration dates on permits where substantial construction costs would be expended subsequent to a conditional use permit, but that tenant uses could be restricted. In the past an expiration date was place on a temporary modular building for a church office, the Commission placed a reasonable time on this project to allow use of the land until the church had time to come back with the permanent site plan. She explained that in the case presented, an expiration date could be issued if there are any concerns. Commissioner Parker felt that there would be cases that the Commission may feel an expiration date would be good, but did not feel that in this case it was appropriate because there was a childcare facility at this site already, they were just requesting an expansion to an existing childcare facility. Chairman Rife said that if Commissioner Floyd's concerns were with traffic and circulation, an expiration date could be place to review the permit again to assure there are no traffic problems. Chairman Rife called for the vote, and the motion to approve the Conditional Use Permit passed unopposed (6-0). AGENDA ITEM NO. 5: Public hearing and consideration of a Conditional Use Permit for the use only to permit a convenience store and service station in a C-B zoned district. The site is located on the northwest corner of University Drive and Highway 6 Bypass. (99-714) Commissioner Floyd stated that this item is for a tract of land within The Gateway Subdivision, Preliminary Plat, and the Final Plat for this property are to be considered later in this agenda. He asked staff if this item could be moved to follow the final plate Senior Planner McCully said that it would be appropriate to review this item after Agenda Item No. 7 (Preliminary Plat) and Agenda Item No. 8 (Final Plat). P&Z Minutes July 1, 1999 Page 6 of 1.2 A. This item was considered after the Preliminary Plat and Final Plat for the property were considered Senior Planner McCully presented the staff report. She explained that the applicant received a Conditional Use Permit for the use only at the end of 1998. This item is for consideration of the site plan, as part of the Conditional Use Permit process. The request is for the development of a retail center that will include a bank drive-thru, a fast food restaurant with a drive-thru, and a convenience store/service station in the University Drive entrance corridor. The proposed building and site layout are to resemble a similar site owned by the same applicant at the corner of Welsh and FM 2818. The site was built under the Overlay district requirements because it was zoned C,1 with the overlay provisions. Staff believes that the proposed use will meet the intent of the other University Drive Corridor regulations if the site is built similarly to the Exxon Station across from the High School, Ms. McCully explained that 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." Staff conducted a technical review and found general compliance with development regulations with the exception of the items listed below in the staff recommendations. 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 request is in compliance with the University Drive Corridor Study and with the Comprehensive Plan. 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 out the spirit and intent of the 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." Unless the public hearing brings to light any new information indicating potential negative impacts, Staff recommended approval with the following conditions: a. That the site is build similar to the style of the Exxon Station at Welsh Avenue and FM 2818. b. .Need pavement details. c. That the site is built in compliance with the City's Drainage Ordinance. d Make a note that the tenants of the site are responsible for opening the dumpster gates on collection days e. Dimension the cross-access easement on the highway 6 driveway. Verb the location of the storm sewer inlet in University Drive. g. Dimension the cross-access easements. h. If the plat changes the site plan, the changes must be reflected on a revised plan. Significant changes must return to the Commission. Chairman Rife opened the public hearing. P&ZMinutes July 1, 1999 Page 7of 12 0V Ray Hansen, 730 Rosemary (owner of the property), said that the plans were to construct this facility identically to the Exxon located at FM 2818 and Welsh, with minor canopy changes Ms. Sherry Ellison, 2705 Brookway, expressed her concern with excessive drainage into Carter Creek, She also was concerned with toxic spills (from the service station), she asked how problems would be handled. Assistant City Engineer Morgan explained that any spills on site would involve TNRCC (State regulations). Chairman Rife closed the public hearing. Commissioner Horlen moved to approve the Conditional Use Permit Site Plan with all stag` recommendations. Commissioner Parker seconded the motion Commissioners Floyd and Warren expressed their concern for this type of use at this location, Chairman Rife called for the vote and the motion to approve the permit passed 4-2; Commissioners Floyd and Warren voted in opposition. Agenda Item No. 6: Consideration of a Master Preliminary Plat for the Delray Subdivision to reflect a resubdivision of part of Block 4, Harvey Hillsides Subdivision. (99-310) Senior Planner McCully presented the staff report. She explained that the proposed plat shows the parent tract, which consists of the former Jose's restaurant that burned down several years ago, a landlocked piece that has been incorporated into the residential lot that exists outside the city limits to the south, an existing multi-family use, and an existing retail business along Highway 30 near Pamela Lane. The owner of the tract intends to submit a final plat on the former Jose's lot in the near future. The remaining three lots are shown as reserve tracts. The plat is in compliance with the Land Use Plan, which shows the area as rural density single family. The land division that created Reserve Tract D, the landlocked tract, was made without benefit of a legal subdivision. The owner of the residential tract to the south would therefore be required to become a party to the pending final plat. However, that owner has exhibited a reluctance to participate in the platting, and the applicant is therefore requesting a variance to 1)waive the requirement to include Reserve Tract D in the pending final plat; 2) waive the requirement to provide access to Reserve Tract D; and 3)waive the requirements to provide water service through Tract A such that Tract D could tie onto that line in the future. It is the City's policy that water or sewer service is not provided to illegally platted properties, and therefore the City will not provide these services to the landlocked tract nor to the residential lot that has been tied to it. The party refusing to participate in the final plat will be notified of this policy. Staff recommended approval with the condition that at the time tracts B and C come in for final platting, the property line between them will move so that both sides meet a 7.5' setback, or a side setback variance is approved. Staff also recommended approval of the variances regarding access and water service extension because otherwise the applicant would be held to requirements that are not under his control. David Mayo, 2167 Post Oak Circle (representing the owner), explained that Harvey Hillsides was platted in mid-1960's, prior to the bypass. This tract was originally platted on the Harvey Hillsides plat as Block 4. This block was reserved in the deed restrictions for commercial use. The entire area was bought by one individual. The tract that the applicant is interested in platting had a restaurant built on-it in the 1970's. The owners home was built on the back part of the property. The owner sold of separate P&Z Minutes July 1, 1999 Page 8 of 12 ~ W L / Jive. JIEuVI-Ia~F~ 1'ALw~LB"~o-cv-s(at_. v ~ 1Gt aA~+u,cee~e~ r~ ~„Mai l5 • C Azg--f