HomeMy WebLinkAbout00071450STAFF REPORT
Prepared by: Jessica Jimmerson Date: 8-28-01
Item: Public hearing, discussion, and possible action on a rezoning of
approximately 6.07 acres located at 1267 Harvey Mitchell Parkway South from
R-1, Single Family Residential to R-4, Low Density Apartments. (01-179)
Applicant: Mitchell and Morgan
Staff Recommendations: Staff recommends approval of the rezoning to R-4.
Item Summary: The applicant is requesting this rezoning in order to prepare the
property for development. At this time the applicant is considering building a
condominium development. Under the proposed zoning of R-4 a range of
residential projects could develop, including low density apartments at 16
dwelling units per acre, townhomes, duplexes and single family.
Comprehensive Plan Considerations: The Land Use Plan reflects the tract
and the surrounding area as Single Family Residential - High Density, which is
associated with a density of 7-9 dwelling units per acre. However, in the last few
years, the development trend for the area bound by Marion Pugh, Luther,
Holleman and Harvey Mitchell Parkway has been to infill in the form of apartment
complexes. The adjacent property to the north is zoned PDD-H and has an
approved site plan for The Fairfield Apartments. The property to the south is
zoned R-5 and developed as Walden Pond Apartments. And, the abutting
property to the northeast is zoned R-5 and developed as Melrose Apartments.
As the Commission is aware, zoning requests are evaluated based on
compliance with the Land Use Plan and on current conditions surrounding the
property. Current conditions generally considered include, but are not limited to,
changes in development trends or patterns since adoption of the Land Use Plan
and the ability of existing infrastructure to support development. In this case,
several of the rezonings in the area have occurred since the adoption of the
Land Use Plan. These rezoning actions by Council constitute a change in the
development policy for the area. So, while the proposed multi-family zoning is
not in compliance with the Land Use Plan, it is in compliance with the
development pattern of this area and with the recent Council actions.
Harvey Mitchell Parkway is classified as a freeway/expressway on the
Thoroughfare Plan, the same classification as Highways 6, 40, and 47. Access
to these roadways should be limited to controlled entrance points. Individual
driveway access to these roads would present a high potential for vehicular
accidents and would slow traffic along them. Therefore, driveways should be
significantly limited. The intended purpose for Harvey Mitchell is to serve as a
high-speed traffic loop around our community. However, the subject tract does
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not have access from any other roadway. One access point will be permitted.
The proposed R-4, Low Density Apartment, Zoning District is a relatively low
traffic generator and should not deteriorate the function of Harvey Mitchell as an
expressway.
Item Background: The subject property and the entire area between Marion
Pugh and Harvey Mitchell Parkway was annexed into the City in 1970. At that
time, newly annexed property was brought into the City under the holding zone of
R-1, Single Family Residential. The subject property has been zoned R-1 since
annexation.
Several apartment complexes, as well as, duplex and fourplex developments
were built within the area during the early 1980's. Most recently, the Fairfield,
Melrose, and Sterling University apartment complexes were developed.
Related Board Actions: In the fall of 2000, the Commission heard a request
for a commercial rezoning for this property. The Commission recommended
denial to Council. Council heard the case on November 9th, 2000 and did deny
the request. Commercial in this location would have been out of compliance with
the Land Use Plan, the City's Development Policies and the development trends
in the area, as well as, being a potential spot zoning.
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 (R-3, R-2, R-1 B, R-1 A);
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
4. Existing and Proposed Zoning Summary Sheet
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INFRASTRUCTURE AND FACILITIES
Water: There is an 8" water line at the adjacent Walden Pond
Apartments site. The availability is dependent on what the applicant is
planning to construct. Once a site plan is proposed, the applicant would
be required to prove that the 8" water line would be sufficient and to
obtain easements.
Sewer: There is no direct sewer to the site available, however the
applicant may be able to tap into the existing sewer line servicing the
adjacent Walden Pond site or to the adjacent property to the east.
Streets: Harvey Mitchell Parkway is designated as a
freeway/expressway. The expressway is adequate to support the
increased impact of the zone change.
Off-site Easements: Would need an utility easement in order to
connect to the sewer line located on the Walden Pond site or the
property to the east.
Drainage: Site plan will have to meet the Drainage Ordinance.
Flood Plain: There is FEMA floodplain on this site however, they will
have to reanalyze the floodplain for fully developed conditions and
establish the location of the 100 year floodplain after a use and
development plan is established.
Parkland Dedication: This will be addressed at the time of platting, if
necessary, and site planning.
NOTIFICATION:
Legal Notice Publication(s): The Eagle; 8-22-01 and 9-12-01
Advertised Commission Hearing Dates(s): 9-6-01
Advertised Council Hearing Dates: 9-27-01
Number of Notices Mailed to Property Owners Within 200': 5
Response Received: None as of date of staff report
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STAFF REPORT
Item: Public hearing and consideration of a REZONING for the 5.98 acre Crawford
Burnett tract located at 1267 Harvey Mitchell Parkway South from R-l, Single Family
Residential to C-1, General Commercial. (0-160)
Applicant: Hossein Eklili
Item Summary: The applicant is requesting this rezoning in order to prepare the
property for commercial development. The applicant has not indicated to Staff what type
of commercial use or uses may occur if the rezoning is approved.
Comprehensive Plan Considerations: The Land Use Plan reflects the tract and the
surrounding area as Single Family Residential - High Density, which is associated with a
density of 7-9 dwelling units per acre. In the last few years, the development trend for the
area bound by Marion Pugh, Luther, Holleman and Harvey Mitchell Parkway has been to
infill in the form of apartment complexes. The adjacent property to the north is zoned
PDD-H and has an approved site plan for The Fairfield Apartments, the adjacent property
to the south is zoned R-5 and is developed as Walden Pond Apartments and the abutting
property to the northeast is zoned R-5 and is developed as Melrose Apartments. The
proposed commercial zoning is not in compliance with the Land Use Plan or the
development pattern of this area.
Harvey Mitchell Parkway is classified as a freeway/expressway on the Thoroughfare
Plan, the same classification as Highways 6, 40, and 47. Access to these roadways should
be limited to controlled entrance points. Individual driveway access to these roads would
present a high potential for vehicular accidents and would slow traffic along them.
Therefore, driveways should be significantly limited. The intended purpose for Harvey
Mitchell is to serve as a high-speed traffic loop around our community. It is not to
provide a commercial corridor and should not develop in a strip commercial style with
multiple access points that would slow traffic, and deteriorate the function of Harvey
Mitchell as an expressway.
The site also does not meet the City's current development policy of the placement of C-1
General Commercial zones. The City's adopted development policies support
commercial uses at intersections rather than to allow "strip" style development along all
major road frontages. "Strip" commercial development is the type of development that
tends to occur when having a location along a major roadway is used as the sole criterion
for locating commercial uses.
Objective 1.3 of the Comprehensive Plan states:
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"College Station should continue to avoid strip commercial development (such as
that along Texas Avenue) and encourage centralized commercial development
which encourages multi-modal access. "
Staff considers this request to be of "strip" commercial nature due to the subject property
only having access to Harvey Mitchell Parkway, with the Thoroughfare Plan anticipating
no other major roadways or intersections in this area.
Item Background: The subject property and the entire area between Marion Pugh and
Harvey Mitchell Parkway was annexed into the City in 1970. Several apartment
complexes as well as duplex and fourplex developments were built within the area during
the early 1980's. Most recently, the Fairfield, Melrose, and Sterling University apartment
complexes were developed.
Staff Recommendations: Staff recommends denial of the rezoning due to the requested
C-1 use classification and location having the characteristics of a spot zoning. Staff finds
this to be an example of spot zoning on the basis that the request is not compatible with
the Land Use Plan, the City's development policies, or the development pattern of the
surrounding area. In addition to spot zoning, Staff also has concerns about the potential
loss of functionality of Harvey Mitchell Parkway as an expressway if strip commercial
uses are permitted.
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
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INFRASTRUCTURE AND FACILITIES
Water: There is an 8" water line at the adjacent Walden Pond Apartments site.
The availability is dependent on what the applicant is planning to construct.
Once a development use and site is proposed, the applicant would be required to
prove that the 8" water line would be sufficient and to obtain easements.
Sewer: There is no direct sewer to the site available, however the applicant
may be able to tap into the existing sewer line servicing the adjacent Walden
Pond site.
Streets: Harvey Mitchell Parkway is designated as a freeway/expressway.
Although commercial zoning is not the land use plan intent of the corridor, the
expressway is adequate to support the increased impact of the zone change.
Off-site Easements: Would need an utility easement in order to connect to the
sewer line located on the Walden Pond site.
Drainage: Site plan will have to meet the Drainage Ordinance.
Flood Plain: There is FEMA floodplain on this site however, they will have to
reanalyze the floodplain for fully developed conditions and establish the location
of the 100 year floodplain after a use and development plan is established.
Oversize request: None anticipated.
Impact Fees: Not in an impact fee area.
NOTIFICATION:
Legal Notice Publication(s): The Eagle; 10-04-00 and 10-25-00
Advertised Commission Hearing Dates(s): 10-19-00
Advertised Council Hearing Dates: 11-09-00
Number of Notices Mailed to Property Owners Within 2001:
Response Received: None as of date of staff report
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