HomeMy WebLinkAboutStaff ReportsSTAFF REPORT
Item: Public hearing and consideration of a rezoning for the property located at 101
Mile Drive from R-1 Single Family to C-1 General Commercial. (0-88)
Applicant: Floyd Young
Item Summary: The applicant is requesting C-1 zoning on the subject property in order
to allow an auto repair shop to be built.
Staff is recommending denial of this rezoning due to concerns that this request has many
of the characteristics of a spot zone, which, if so determined, is not permitted. A spot
zone is generally understood to occur when a piece of property is singled out for
preferential treatment to be zoned differently from surrounding properties, is for the
benefit only of the property owner and not in the general public interest, and does not
further the comprehensive plan.
Rezoning the subject property to commercial of any type would not relate to adjoining
properties. The abutting properties to the east and north are zoned R-1 Single Family.
While the property to the north currently contains a legally nonconforming trailer home
park, it has always been the intent of the City to see the tract redevelop as a single family
subdivision in the future. This concept was reemphasized in the 2818 Extension Study,
when the future of that tract was discussed and once again placed on the Land Use Plan as
single family. Property to the east and across Mile Drive is developed as an established
single family neighborhood, referred to as Bernadine Estates.
The subject property was platted with Bernadine Estates as a single family lot. Rezoning
the subject property to commercial would be contrary to the established and future land
use pattern of the immediate area, which reflect a "pocket" of single family development
from the northern boundary of the Pleasant Forest subdivision to the southern boundary
of Bernadine Estates. Due to the potential of a broad range of commercial uses that are
permitted by right in the C-1 zoning district, it is considered an appropriate classification
only at intersections of major roadways, away from single family uses. The C-1 would
allow uses such as retail, restaurants, car dealerships, theaters, or even nightclubs and
sexually oriented enterprises (these last two with Conditional Use Permits).
Historically, Texas Avenue was developed in largely "strip commercial" fashion, which
was the predominant development style in the City prior to the mid 1980's. Since that
time, however, the City development policies have changed to cluster intense commercial
J:\PZTEXI'\PZ 03124. DOC
uses at intersections of two major roadways. Mile Drive is considered a residential street
and thus does not constitute a major roadway.
A change to commercial on this property, even if done through a PDD, could adversely
affect living conditions in the Mile Drive area as well as the future single family tract to
the north. Currently, the traffic on Mile Drive is largely restricted to residential traffic. A
zone change would attract commercial traffic off of Texas Avenue and potentially
through the residential area.
Item Background: The property was platted in the late 1960's and became an isolated
neighborhood through the years when the Highway 6 Bypass was installed, creating
pressure for increased commercial development in the areas immediately abutting
Bernadine Estates. The City has over the years heard requests from the homeowners of
the area to protect the neighborhood from intrusive land uses. While much of the 2818
Extension area became more intense on the Land Use Plan with the adoption of the 2818
Extension Study recommendations, the tracts immediately abutting Bernadine Estates,
including Bernadine Estates itself, were to remain exclusively single family.
Staff Recommendations: Staff recommends denial of the rezoning.
Related Advisory Board Recommendations:
Parks Board, NRB, DRB
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:
1. Recommend approval of rezoning as submitted;
2. Recommend approval with physical conditions that will mitigate negative impacts;
3. Recommend a less intense zoning classification;
4. Recommend denial;
5. Table indefinitely; or,
6. Defer action to a specified date.
Supporting Materials:
1. Location Map
2. Application
3. Infrastructure and Facilities
J:\PZTEXT\PZ03 124.DOC
INFRASTRUCTURE AND FACILITIES
Water: There is an 8" waterline in Texas Avenue that would be adequate for
low water C-1 uses.
Sewer: There is a 6" sewerline in Mile Drive that has adequate capacity for
minimal C-1 uses.
Streets: Texas Avenue is a major arterial and Mile Drive is a residential street.
Off-site Easements: None at this time.
Drainage: Will be required to meet drainage regulations at the time of site
plan.
Flood Plain: None
Oversize request: None at this time.
Impact Fees: NA
NOTIFICATION:
Legal Notice Publication(s): The Eagle; 5-17-00 and 6-7-00
Advertised Commission Hearing Dates(s): 6-1-00
Advertised Council Hearing Dates: 6-22-00
Number of Notices Mailed to Property Owners Within 200': 11
Response Received: One call in opposition from an area homeowner as of date
of staff report. The caller indicated that a petition is currently being circulated
against the rezoning.
J:\PZTEXT\PZ03124.DOC
AGENDA ITEM N0.4: Public hearing and consideration of a rezoning for the property located
at 101 Mile Drive from R-1 Single Family Residential to C-1 General Commercial. (00-88)
Senior Planner Kuenzel presented the staff report and stated that the request is for C-1 zoning on the
subject property in order to allow an auto repair shop to be built. The property, also known as
Bernadine Estates, was platted in the late 1960's and became an isolated neighborhood through the
years when the Highway 6 Bypass was installed, creating pressure for increased commercial
development in the areas immediately abutting the neighborhood. The City has over the years heard
requests from the homeowners of the area to protect the neighborhood from intrusive land uses. With
the adoption of the2818 Extension Study recommendations, Bernadine Estates and the tracts
immediately abutting it were to remain exclusively single family. Staff is recommending denial of this
rezoning due to concerns that this request has many of the characteristics of a spot zone. A spot zone
is for the benefit only of the property owner and not in the general public interest, and does not further
the comprehensive plan. The subject property was platted with Bernadine Estates as a single family
lot. Rezoning the subject property to commercial would be contrary to the established and future land
use pattern of the immediate area. Due to the potential of a broad range of commercial uses, i.e., retail,
restaurants car dealerships, theaters, or even nightclubs and sexually oriented enterprises, that are
permitted in the C-1 zoning district, it is considered an appropriate classification only at intersection of
major roadways, away from single family uses. The City development policies have changed since
prior to the 1980's to cluster intense commercial uses at intersections of two major roadways rather
than a "strip commercial" fashion. Mile Drive is considered a residential street and does not constitute
a major roadway. A change to commercial on this property, even if done through a PDD, could
adversely affect living conditions in the Mile Drive area as well as the future single family tract to the
north. Currently, the traffic on Mile Drive is largely restricted to residential traffic. A zone change
would attract commercial traffic off of Texas Avenue and potentially through the residential area.
Senior Planner Kuenzel added that the street does not currently meet residential standards with curb
and gutter because of it's age and would not support commercial traffic. She also stated that Staff had
received several phone calls in opposition to this rezoning request.
Chairman Rife opened the public hearing.
Sarah Wendt, a 6 year resident at 104 Mile Drive said that as a family oriented neighborhood they are
opposed to the rezoning. She said the lots on Mile Drive were purchased by the current residents and
the owner of the subject lot as asingle-family resident lot. Ms. Wendt also submitted a signed petition
to the Commission.
Mr. James Norris, who has resided at 102 Mile Drive for 15 years said that the drainage on the subject
lot is very poor which deterred the current owner from ever building on the lot. He believed that when
the city dealt with some drainage problems on his property, it added significant contribution to the
drainage problem on the subject property.
Mr. Arthur Harrison along with Ms. Leanne Wallis representing the applicant, said that there are
commercial businesses directly in front of and across from this residential area. Mr. Harrison
mentioned that there were other commercial businesses located on corner lots on Texas Avenue and
adjacent to other residential areas. He said the applicant believed that a repair shop would be good for
the area. He stated that the applicant plans to build a brick building and is willing to comply with the
city's demands in any way. Mr. Harrison asked for the support of the Commission in this request.
Commissioner Warren asked Mr. Harrison what type of traffic impact would result in this
development.
Mr. Harrison said that it is estimated to be from 30-50 customers a day.
Chairman Rife closed the public hearing.
P&Z Minutes June 1, 2000 Page 10 of 1 SS
Commissioner Kaiser moved to recommend denial of the rezoning request. Commissioner Warren
seconded the motion.
Commissioner Floyd asked the Staff to check into the current drainage problem on the subject lot as
referred to by Mr. Norris.
Chairman Rife called for the vote and the motion to deny passed unopposed 7-0.
AGENDA ITEM NO. 5: Public hearing and consideration of a rezoning for 1111 Rock Prairie Road, located on the
Northwest corner of Rock Prairie and Rio Grande, from C-N Neighborhood Commercial to PDD-B Planned
Development District -Business. (00-90)
Senior Planner Kuenzel said that the applicant proposes to develop the site into three medical and other professional office
buildings at 5,000 square feet each. The existing C-N zoning would permit these uses, but it would limit the size of each
business to 2000 square feet. This size restriction does not accommodate the applicant's needs. Due to the fact that the
property adjoins developed single family residential, Staff recommended that the applicant submit aPDD-B request so that
the conceptual plan and uses would be tied to the rezoning. The concept plan shows the three single story buildings
oriented away from the residential area with a minimum rear setback of 30'. The applicant proposes a 2' planted strip
adjacent to an 8' screening fence to buffer the single family from the office uses. Access will be solely from Rock Prairie
Road with an internal access easement on the western end of the site. The subject property was reflected as a commercial
tract in the original approved Master Development Plan (originally called Southwood Valley Section 26) in 1986. Later
that year, the property was rezoned to C-N -the surrounding currently zoned R-4 property remained A-O as a reserve tract
at that time. Since that time, Capistrano Court was platted as a single family residential phase of Southwood Forest in
1995. Staff recommends approval of the rezoning with any conditions that the Planning & Zoning Commission or Council
may find reasonable to mitigate any potential negative impacts. Staff reports a possibility of embellished elevations to the
proposed buildings that will include different window treatments to the upper story. Senior Planner Kuenzel said that a few
people have asked how the PDD works but without opposition. Concerns expressed were mainly to ensure that the plans
for the building on this property would be exactly as stated or platted.
Commissioner Warren asked about the perspective on the drainage for the property.
Senior Planner Kuenzel said that the applicant would have to show compliance with the city's drainage ordinance. She said
that any revisions that the Planning & Zoning Commission made would be presented to Council and whatever Council
approves would be attached to the ordinance.
Commissioner Floyd asked Staff under the existing zoning, if the applicant built a 2,000 square foot building, what would
the total square footage be.
Senior Planner Kuenzel answered that it would depend upon the usage and the layout of the parking. The existing zoning
has 1500 to 2500 square feet per business maximums, but the building sizes can be as much as 10,000 square feet.
Commissioner Kaiser stated that if the Commission recommended approval of the current request the applicant would need
to return to the Planning & Zoning Commission with an additional request to build atwo-story unit.
Senior Planner Kuenzel said that the applicant could either return with an additional request for approval or the Commission
could recommend approval of a future second story with provisions.
Commissioner Mooney asked about the amount of allotted parking spaces and what a second story would do to the green
space that exists.
Senior Planner stated that they would have to require the additional parking to the use ratio. She pointed out that there is a
30' buffer on the concept plan. In either scenario, the Planning & Zoning Commission would have to recommend approval.
Commissioner Rife opened the public hearing.
Steve Meier, 5477 Glen Lakes Drive, Dallas, Texas was present to represent the owner, Dr. Bill Privett. In Phase 1 of their
proposal they intend to build a dental practice. The original plan was to build three one story buildings, but did not submit
P&Z Minutes June 1, 2000 Page I1 of 1 SS
Page 2 of 3
The subject property was platted with Bernadine Estates as a single family lot. Rezoning the subject
property to commercial would be contrary to the established and future land use pattern of the
immediate area, which reflect a "pocket" of single family development from the northern boundary
of the Pleasant Forest subdivision to the southern boundary of Bernadine Estates. Due to the potential
of a broad range of commercial uses that are permitted by right in the C-1 zoning district, it is
considered an appropriate classification only at intersections of major roadways, away from single
family uses. The C-1 would allow uses such as retail, restaurants, car dealerships, theaters, or even
nightclubs and sexually oriented enterprises (these last two with Conditional Use Permits).
Historically, Texas Avenue was developed in largely "strip commercial" fashion, which was the
predominant development style in the City prior to the mid 1980's. Since that time, however, the
City development policies have changed to cluster intense commercial uses at intersections of two
major roadways. Mile Drive is considered a residential street and thus does not constitute a major
roadway.
A change to commercial on this property, even if done through a PDD, could adversely affect living
conditions in the Mile Drive area as well as the future single family tract to the north. Currently, the
traffic on Mile Drive is largely restricted to residential traffic. A zone change would attract
commercial traffic off of Texas Avenue and potentially through the residential area.
Item Background: The property was platted in the late 1960's and became an isolated neighborhood
through the years when the Highway 6 Bypass was installed, creating pressure for increased
commercial development in the areas immediately abutting Bernadine Estates. The City has over the
years heard requests from the homeowners of the area to protect the neighborhood from intrusive
land uses. While much of the 2818 Extension area became more intense on the Land Use Plan with
the adoption of the 2818 Extension Study recommendations, the tracts immediately abutting
Bernadine Estates, including Bernadine Estates itself, were to remain exclusively single family.
Staff Recommendations: Staff recommends denial of the rezoning.
Related Advisory Board Recommendations: The Planning and Zoning Commission held a public
hearing and recommended denial by a unanimous vote.
Council Action Options:
1. Approval of rezoning as submitted. Due to the petition that was submitted, the rezoning
can only be approved by a supermajority vote, which means that the rezoning will only
be approved if 6 of the 7 Council members vote to approve it.
file://O:\GROUP\DEVE_SER\CVSHT\july13,2000\mile drive rezoning\101 Mile Drive.htm 10/17/2000
Page 3 of 3
2. Approval with physical conditions that will mitigate negative impacts.
3. Denial.
4. Denial without prejudice (waives 180-day waiting period).
5. Table indefinitely.
6. Defer action to a specified date.
Supporting Materials:
1. Location Map (see map attached to ordinance)
2. Infrastructure and Facilities
3. Draft P&Z Minutes
4. Draft ordinance
file://O:\GROUP\DEVE_SER\CVSHT\july13,2000\mile drive rezoning\101 Mile Drive.htm 10/17/2000
Council Meeting 7/13/2000
Page 7
13.10 Contract No. 00-107 -Approved by common consent a resolution approving a
professional consulting contract with LJA Engineering and Surveying, Inc. to
provide design services for the Bee Creek Tributary "A" Drainage Improvements
Project in the amount of $200,236. Funds available and budgeted in the Drainage
Utility Fund.
13.11 Contract No. 00-130 - Approved by common consent a resolution approving a
professional service contract with Navigant Consulting, Inc. for development and
implementation of a strategic plan for electric deregulation. Funds available and
budgeted in the FY 1999-2000 Electric Fund.
13.12 Approved by common consent a resolution approving a professional service
contract for a Lateral Expansion Permit at the Rock Prairie Road Landfill with
HDR Engineering, Inc. in the amount not to exceed $650,000. Funds available in
the Brazos Valley Solid Waste Agency Fund with continuing funds budgeted in
the FY 2001 Budget.
13.13 Approved by common consent a resolution approving a professional contractor,
professional service contract and authorized the expenditure of funds for financial
advisory services for an amount not to exceed $150,000 per year. Funds available
and budgeted in the Capital Project Fund.
13.14 Approved by common consent the second reading of a proposed franchise
agreement with Texas Commercial Waste regarding collection and disposal
services for recyclable materials.
13.15 Approved by common consent a real estate contract for the purchase of Lot 4
Block 21, fourth installment of College Hills Estates, 107 George Bush Drive
East. Funds available in the General Obligation Bond Fund, Thoroughfare
Rehabilitation Fund and General Fund.
13.16 Approved by common consent the termination of the Alert mutual agreement
between the City of College Station and Texas A&M University Research
Foundation -Sub-agreement No. 5900058.
13.17 Discussion and possible action on the adoption of the City of College Station
three-year Marketing Plan. This item was removed until the August 10,
2000 meeting.
Regular Agenda
Agenda Item No. 14.1- Public hearing, discussion and possible action on an
Qrdinance rezoning 101 Mile Drive from R-1 Single Family to C-1 General
Commercial.
Council Meeting 7/13/2000
Page 8
Senior Planner Kuenzel presented this item. She stated that the applicant requested C-1
zoning for the purpose of constructing an auto repair shop on this property. She
explained that rezoning the subject property to commercial of any type would not relate
to adjoining properties. The abutting properties to the east and north are zoned R-1
Single Family. The property to the north currently contains a legally non-conforming
trailer home park.
It had always been the intent of the City to see the tract redevelop as asingle-family
subdivision in the future. This request has many spot zone characteristics which are not
permitted.
Staff and Planning and Commission recommended denial of the rezoning.
Mayor McIlhaney opened the public hearing.
The following persons spoke in opposition to the rezoning.
Jim Morris, 102 Mile Drive
Darrell Davis, 115 Mile Drive
Mayor McIlhaney closed the public hearing.
Councilman Massey made a motion to deny the rezoning request at 101 Mile Drive from
R-1 to C-1 General Commercial. Motion seconded by Councilman Silvia and carried
unanimously, 6-0.
FOR: McIlhaney, Mariott, Massey, Garner, Silvia, Maloney
ABSENT: Hazen
Auenda Item No. 14.2 -Public hearing, discussion and possible action on an
ordinance rezoning Crustal Park Plaza, 2430 Harvey Mitchell Parkway from A-P
Administrative Professional to PDD-B Planned Development District -Business.
Senior Planner Kuenzel presented this item. She stated that the 2818 area is shown as
mixed use on the land use plan. Staff supported recommendation of this request based on
the FM 2818 Extension Study approved by Council in 1992. The land uses
recommended for the extension area included office/service type uses. The applicant
requested aPDD-B classification and proposed a mix of A-P uses as well as light retail
uses such as art galleries, jewelry stores, apparel, small coffee and sandwich shops. The
ordinance limits the uses to those specified by the applicant. The associated development
plan showed a building with a maximum height of 30'. The amended plan and building
elevations show a future site that strives to be pedestrian oriented, with a fairly large
interior landscaped island to break up the parking, and with an outdoor center that
includes sidewalks as well as a central focal gathering place.
Agenda Item No. 14.1- Public hearing, discussion and possible action on an ordinance
rezoning 101 Mile Drive from R-1 Single Family to C-1 General Commercial.
Senior Planner Kuenzel presented this item. She stated that the applicant requested C-1 zoning
for the purpose of constructing an auto repair shop on this property. She explained that rezoning
the subject property to commercial of any type would not relate to adjoining properties. The
abutting properties to the east and north are zoned R-1 Single Family. The property to the north
currently contains a legally non-conforming trailer home park.
It had always been the intent of the City to see the tract redevelop as asingle-family subdivision
in the future. This request has many spot zone characteristics which are not permitted.
Staff and Planning and Commission recommended denial of the rezoning.
Mayor McIlhaney opened the public hearing.
The following persons spoke in opposition to the rezoning.
Jim Morris, 102 Mile Drive
Darrell Davis, 115 Mile Drive
Mayor McIlhaney closed the public hearing.
Councilman Massey made a motion to deny the rezoning request at 101 Mile Drive from R-1 to
C-1 General Commercial. Motion seconded by Councilman Silvia and carried unanimously, 6-0.
FOR: McIlhaney, Mariott, Massey, Garner, Silvia, Maloney
ABSENT: Hazen
d ~ ~y~~~~
Council Meetings 6/22/00
Page 7
• 12.16 A roved by common consent a request for oversize participation fora 133 ft extension
pP
of a 15-inch sewer line west through the proposed Ramsey Twins subdivision at 1726
Harvey Mitchell Parkway South in the amount of $4,000. This line is to be constructed
with the final plat of the Ramsey Twins Subdivision. Funds available in the Wastewater
Capital Project Fund.
Regular Agenda
Agenda Item No 13.1 -- Public hearing, discussion and possible action on an ordinance
rezoning 101 Mile Drive from R-1 single Family to C-1 General Commercial.
The applicant removed this item from the agenda.
Agenda Item No. 13.2 -Public hearing, discussion and possible action on an ordinance
rezonin 111 Rock Prairie Road, located on the Northwest corner of Rock Prairie Road and
Rio Grande, from C-N Neighborhood Commercial to PDD-B Planned Development
District-Business.
Senior Planner Sabine Kuenzel presented this item. She stated that the request is to develop the
site into three medical and other professional office buildings at 5,000 square ft. each. The
existing C-N zoning would permit these uses, but it would limit the size of each business to 2000
• square ft. The size restriction does not accommodate the applicant's needs. Due to the fact that
the property adjoins developed single farruly residential, staff recommended the applicant subrrut a
PDD-B request so the conceptual plan and uses would be tied to the rezoning. The concept plan
shows the three single story building oriented away from the residential area with a minimum rear
setback of 30 ft. The applicant proposes a 2 ft. planted strip adjacent to an 8 ft. screened fence to
buffer the single family from the office uses. Access will be solely from Rock Prairie Road with
an internal access easement on the western end of the site.
The Planning and Zoning Commission recommended approval by a unanimous vote with
conditions.
Staff recommended approval of the rezoning with any conditions that the P&Z or Council may
find reasonable to mitigate any potential negative impacts.
Mayor Pro Tem Mariott opened the public hearing. No one spoke. He closed the public hearing.
Councilman Garner made a motion to approve Ordinance No. 2454 rezoning 1111 Rock Prairie
Road at the northwest corner of Rock Prairie Road and Rio Grande, from C-N Neighborhood
Commercial to PDD-B Planned Development District -Business. Motion seconded by
Councilman Massey and carried 5-0.
•
Providing Curtaner Service Excellence
Office ojthe City Secretary
College Station, Texas
This concept was reemphasized in the 2818 Extension Study, when the
• future of that tract was discussed and once again placed on the Land Use
Plan as single family. Property to the east and across Mile Drive is developed
as an established single family neighborhood, referred to as Bernadine
Estates.
The subject property was platted with Bernadine Estates as a single family
lot. Rezoning the subject property to commercial would be contrary to the
established and future land use pattern of the immediate area, which reflect
a "pocket" of single family development from the northern boundary of the
Pleasant Forest subdivision to the southern boundary of Bernadine Estates.
Due to the potential of a broad range of commercial uses that are permitted
by right in the C-1 zoning district, it is considered an appropriate
classification only at intersections of major roadways, away from single
family uses. The C-1 would allow uses such as retail, restaurants, car
dealerships, theaters, or even nightclubs and sexually oriented enterprises
(these last two with Conditional Use Permits).
Historically, Texas Avenue was developed in largely "strip commercial"
fashion, which was the predominant development style in the City prior to
the mid 1980's. Since that time, however, the City development policies
have changed to cluster intense commercial uses at intersections of two
• major roadways. Mile Drive is considered a residential street and thus does
not constitute a major roadway.
A change to commercial on this property, even if done through a PDD, could
adversely affect living conditions in the Mile Drive area as well as the future
single family tract to the north. Currently, the traffic on Mile Drive is largely
restricted to residential traffic. A zone change would attract commercial
traffic off of Texas Avenue and potentially through the residential area.
Item Background: The property was platted in the late 1960's and became
an isolated neighborhood through the years when the Highway 6 Bypass was
installed, creating pressure for increased commercial development in the
areas immediately abutting Bernadine Estates. The City has over the years
heard requests from the homeowners of the area to protect the
neighborhood from intrusive land uses. While much of the 2818 Extension
area became more intense on the Land Use Plan with the adoption of the
2818 Extension Study recommendations, the tracts immediately abutting
Bernadine Estates, including Bernadine Estates itself, were to remain
exclusively single family.
Staff Recommendations: Staff recommends denial of the rezoning.
Related Advisory Board Recommendations: The Planning and Zoning
• Commission held a public hearing and recommended denial by a unanimous
vote.
•
Council Acton Options:
1. Approval of rezoning as submitted. Due to the petition that was
submitted, the rezoning can only be approved by a supermajority vote,
which means that the rezoning will only be approved if 6 of the 7 Council
members vote to approve it.
2. Approval with physical conditions that will mitigate negative impacts
3. Denial
4. Denial without prejudice (waives 180-day waiting period)
5. Table indefinitely
6. Defer action to a specified date
Supporting Materials:
1. Location Map (see map attached to ordinance)
2. Infrastructure and Facilities
• 3. Draft P&Z Minutes
4. Draft ordinance
•
DRAFT
AGENDA ITEM NO. 4: Public hearin and consideration of a rezonin for the
g g
property located at 101 Mile Drive from R-1 Single Family Residential to C-1
General Commercial. (00-88)
Senior Planner Kuenzel presented the staff report and stated that the request is for C-1
zoning on the subject property in order to allow an auto repair shop to be built. The
property, also known as Bernadine Estates, was platted in the late 1960's and became an
isolated neighborhood through the years when the Highway 6 Bypass was installed,
creating pressure for increased commercial development in the areas immediately
abutting the neighborhood. The City has over the years heard requests from the
homeowners of the area to protect the neighborhood from intrusive land uses. With the
adoption of the2818 Extension Study recommendations, Bernadine Estates and the tracts
immediately abutting it were to remain exclusively single family. Staff is recommending
denial of this rezoning due to concerns that this request has many of the characteristics of
a spot zone. A spot zone is for the benefit only of the property owner and not in the
general public interest, and does not further the comprehensive plan. The subject
property was platted with Bernadine Estates as a single family lot. Rezoning the subject
property to commercial would be contrary to the established and future land use pattern of
the immediate area. Due to the potential of a broad range of commercial uses, i.e., retail,
restaurants car dealerships, theaters, or even nightclubs and sexually oriented enterprises,
that are permitted in the C-1 zoning district, it is considered an appropriate classification
only at intersection of major roadways, away from single family uses. The City
development policies have changed since prior to the 1980's to cluster intense
commercial uses at intersections of two major roadways rather than a "strip commercial"
• fashion. Mile Drive is considered a residential street and does not constitute a major
roadway. A change to commercial on this property, even if done through a PDD, could
adversely affect living conditions in the Mile Drive area as well as the future single
family tract to the north. Currently, the traffic on Mile Drive is largely restricted to
residential traffic. A zone change would attract commercial traffic off of Texas Avenue
and potentially through the residential area. Senior Planner Kuenzel added that the street
does not currently meet residential standards with curb and gutter because of its age and
would not support commercial traffic. She also stated that Staff had received several
phone calls in opposition to this rezoning request.
Chairman Rife opened the public hearing.
Sarah Wendt, a 6 year resident at 104 Mile Drive said that as a family oriented
neighborhood they are opposed to the rezoning. She said the lots on Mile Drive were
purchased by the current residents and by the owner of the subject lot as asingle-family
residential lot. Ms. Wendt also submitted a signed petition to the Commission.
Mr. James Norris, who has resided at 102 Mile Drive for 15 years, said that the drainage
on the subject lot is very poor which deterred the current owner from ever building on the
lot. He believed that when the city dealt with some drainage problems on his property, it
added significant contribution to the drainage problem on the subject property.
Mr. Arthur Harrison along with Ms. Leanne Wallis representing the applicant, said that
there are commercial businesses directly in front of and across from this residential area.
Mr. Harrison mentioned that there were other commercial businesses located on corner
lots on Texas Avenue and adjacent to other residential areas. He said the applicant
. believed that a repair shop would be good for the area. He stated that the applicant plans
to build a brick building and is willing to comply with the city's demands in any way.
Mr. Harrison asked for the support of the Commission in this request.
Commissioner Warren asked Mr. Harrison what type of traffic impact would result in this
development.
Mr. Harrison said that it is estimated to be from 30-50 customers a day.
Chairman Rife closed the public hearing.
Commissioner Kaiser moved to recommend denial of the rezoning request.
Commissioner Warren seconded the motion.
Commissioner Floyd asked the Staff to check into the current drainage problem on the
subject lot as referred to by Mr. Norris.
Chairman Rife called for the vote and the motion to deny passed unopposed 7-0.
•
•
•
INFRASTRUCTURE AND FACILITIES
Water: There is an 8" waterline in Texas Avenue that would be adequate for
low water C-1 uses.
Sewer: There is a 6" sewerline in Mile Drive that has adequate capacity for
minimal C-1 uses.
Streets: Texas Avenue is a major arterial and Mile Drive is a residential street.
Off-site Easements: None at this time.
Drainage: Will be required to meet drainage regulations at the time of site
plan.
Flood Plain: None
Oversize request: None at this time.
Impact Fees: NA
NOTIFICATION:
Legal Notice Publication(s): The Eagle; 5-17-00 and 6-7-00
•
Advertised Commission Hearing Dates(s): 6-1-00
Advertised Council Hearing Dates: 6-22-00
Number of Notices Mailed to Property Owners Within 200': 11
Response Received: One call in opposition from an area homeowner as of date
of staff report. The caller indicated that a petition is currently being circulated
against the rezoning.
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