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HomeMy WebLinkAbout00071459STAFF REPORT Prepared by: Jessica Jimmerson Date: 8-23-01 Item: Public hearing, discussion, and possible action on a request to rezone 2.497 acres out of the Robert Stevenson Survey League A-54 located at 4121 State Highway 6 South from C-3 Planned Commercial and A-P Administrative Professional to C-1 General Commercial. (01-181) Applicant: Veronica Morgan of Mitchell & Morgan Staff Recommendations: Staff recommends approval of the rezoning to C-1 or any lesser commercial zoning district, including C-3, A-P, or C-B. Item Summary: The Planning and Zoning Commission reviewed a rezoning request for this property on July 19, 2001 and recommended approval of C-1 zoning to Council. Council denied the rezoning request for C-1 without prejudice at their August 9th meeting. At that time, Council asked that the Planning and Zoning Commission report back to them on the possibility of C-B zoning on this property. The Council also requested that in the future the Commission consider not only the requested zoning, but any lesser zoning districts as well. The applicant is requesting this rezoning in order to prepare the property for future development. The landowner hopes to use the property for a restaurant. C-1 zoning would also allow uses ranging from offices and hotels to retail stores and filling stations. The subject property is located on the east bypass, south of the recently platted Harley Subdivision. The (roughly) 350-ft. by 300-ft. tract is currently zoned A-P Administrative Professional and C-3 Planned Commercial. It is surrounded by undeveloped C-3 and land that has been in an A-O Agricultural Open holding pattern since annexation. Comprehensive Plan Considerations: The Land Use Plan shows this area to be Regional Retail. "Regional Retail" describes areas that permit regional-scale development of tax-generating businesses such as retail centers, service commercial, and restaurants. The Planning staff is currently developing a small area plan for the area bounded by Greens Prairie Rd., Rock Prairie Rd. and SH 6. This property is included in that area. It is not anticipated that the Regional Retail shown on the Land Use Plan in this specific location will change, however. The subject tract is located in an area that is separated and buffered from the overall area by two creeks. During consideration of the present Comprehensive Plan Council specifically directed that the land along the frontage road between these two creeks should be reflected as Regional Retail. The C-1 zoning proposed is consistent with the plan for Regional Retail. The Thoroughfare plan in this area shows the future Barron Road extension south of the subject property. An extension of Barron Road is planned from SH 6 to Rock Prairie J:TZTEXTIPZ05247.D0C Page 1 of 3 Created on 07106195 7:56 PM road. This will include a highway interchange. A major north - south collector is planned east of the subject property, parallel to SH 6. This property is located such that it should have little or no impact on the design or construction of either an overpass at Barron Road or the north - south major collector. The subject tract is located north of the future overpass. The MPO currently has the Barron Road interchange listed as the 19th priority in this area. Please be aware that the City is actively pursuing improving the priority level. In either case the design of the overpass is some time in the future with actual construction even further away. A future entrance ramp onto SH 6 will be developed in the vicinity of this tract. While this will have some impact on access to the tract, it will not create the same impacts and safety concerns as an exit ramp (as in the recent A&M Church of Christ CUP). If the access drive to the subject property is in place before the development of the interchange, then the placement of the ramps will be adjusted to the best possible location. Development of this property should not adversely impact the future overpass and the associated ramps. Item Background: This land was annexed into the city in 1983 and rezoned from A-O to C-3 and A-P in 1984. It was part of the same parent tract as the Harley Subdivision, but was not considered in the adopted Harley plat. The Harley property is north of the subject property separated by a 2.5-acre tract, and was rezoned to C-1 in 1998. The Commission approved the preliminary plat for the Harley Subdivision on July 19,2001. The final plat will be reviewed prior to development of the property. Related Board Actions: See Item Summary 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 (C-3, A-P, C-B); 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 6. Existing and Proposed Zoning Summary Sheet J:IPZTEXTIPZ05247.DOC Page 2 of 3 Created on 07/06/95 7:56 PM INFRASTRUCTURE AND FACILITIES Water: An 18-inch water line was constructed by the City and designated as Impact Fee Water Line 99-01. This line is sufficient for projected land uses. Sewer: Adequate sewer service is provided to the site by an 8-inch sewer line that runs across the front of the property. Streets: State Highway 6 is classified as a Freeway and Expressway. Drainage: Site plan will have to meet the Drainage Ordinance. Flood Plain: Not within 100-year floodplain. Impact Fees: The site is in the Impact Fee water line area 99-01. The current established fee is $500 per Living Unit Equivalent and will be assessed at the time of building permit. NOTIFICATION: Legal Notice Publication(s): The Eagle; 8-22-01 and 8-31-01 Advertised Commission Hearing Dates(s): 9-6-01 Advertised Council Hearing Dates: 9-13-01 Number of Notices Mailed to Property Owners Within 200': 4 Response Received: None as of date of staff report. J:IPZTEXTIPZ05247.DOC Page 3 of 3 Created on 07106195 7:56 PM Agenda Item Cover Sheet Agenda Item # ular Item sent Item kshop Item Submitted By: essica Jimmerson, Staff Planner council Meeting Date: September 6t", 2001 irector Approval: ity Manager Approval: Item: Public hearing, discussion, and possible action on a request to rezone 2.497 acres out of the Robert Stevenson Survey League A-54 located at 4121 State Highway 6 South from C-3 Planned Commercial and A-P Administrative Professional to C-1 General Commercial. (01-181) Item Summary: The Planning and Zoning Commission reviewed a rezoning request for this property on July 19, 2001 and recommended approval of C-1 zoning to Council. Council denied the rezoning request for C-1 without prejudice at their August 9t" meeting. At that time, Council asked that the Planning and Zoning Commission report back to them on the possibility of C- B zoning on this property. The Council also requested that in the future the Commission consider not only the requested zoning, but any lesser zoning districts as well. The applicant, Veronica Morgan of Mitchell & Morgan, is requesting this rezoning in order to prepare the property for future development. The landowner hopes to use the property for a restaurant. C-1 zoning would also allow uses ranging from offices and hotels to retail stores and filling stations. The subject property is located on the east bypass, south of the recently platted Harley Subdivision. The (roughly) 350-ft. by 300-ft. tract is currently zoned A-P Administrative Professional and C-3 Planned Commercial. It is surrounded by undeveloped C-3 and land that has been in an A-0 Agricultural Open holding pattern since annexation. Comprehensive Plan Considerations: The Land Use Plan shows this area to be Regional Retail. "Regional Retail" describes areas that permit regional- scale development of tax-generating businesses such as retail centers, service commercial, and restaurants. The Planning staff is currently developing a small area plan for the area bounded by Greens Prairie Rd., Rock Prairie Rd. and SH 6. This property is included in that area. It is not anticipated that the Regional Retail shown on the Land Use Plan in this specific location will change, however. The subject tract is located in an area that is separated and buffered from the overall area by two creeks. During consideration of the present Comprehensive Plan Council specifically directed that the land along the frontage road between these two creeks should be reflected as Regional Retail. The C-1 zoning proposed is consistent with the plan for Regional Retail. The Thoroughfare plan in this area shows the future Barron Road extension south of the subject property. An extension of Barron Road is planned from SH 6 to Rock Prairie road. This will include a highway interchange. A major north - south collector is planned east of the subject property, parallel to SH 6. This property is located such that it should have little or no impact on the design or construction of either an overpass at Barron Road or the north - south major collector. The subject tract is located north of the future overpass. The MPO currently has the Barron Road interchange listed as the 19th priority in this area. Please be aware that the City is actively pursuing improving the priority level. In either case the design of the overpass is some time in the future with actual construction even further away. A future entrance ramp onto SH 6 will be developed in the vicinity of this tract. While this will have some impact on access to the tract, it will not create the same impacts and safety concerns as an exit ramp (as in the recent A&M Church of Christ CUP). If the access drive to the subject property is in place before the development of the interchange, then the placement of the ramps will be adjusted to the best possible location. Development of this property should not adversely impact the future overpass and the associated ramps. Item Background: This land was annexed into the city in 1983 and rezoned from A-0 to C-3 and A-P in 1984. It was part of the same parent tract as the Harley Subdivision, but was not considered in the adopted Harley plat. The Harley property is north of the subject property separated by a 2.5-acre tract, and was rezoned to C-1 in 1998. The Commission approved the preliminary plat for the Harley Subdivision on July 19,2001. The final plat will be reviewed prior to development of the property. Related Board Recommendations/Actions: Staff Recommendation: Staff recommends approval of the rezoning to C-1 or any lesser commercial zoning district, including C-3, A-P, or C-B. Council Action Options: 1. Approval of rezoning as submitted. 2. Approval with physical conditions that will mitigate negative impacts. 3. Approval of a less intense zoning classification (only if recommended by PNZ). 4. Denial. 5. Denial without prejudice (waives 180-day waiting period). 6. Table indefinitely. 7. Defer action to a specified date. Supporting Materials: 1. Infrastructure and Facilities 2. P&Z Meeting Minutes from 3. Ordinance with Location Map 4. Existing and Proposed Zoning Summary Sheet Agenda Item Cover Sheet ~X Regular Item Consent Item Workshop Item Item Submitted By: Jessica Jimmerson, Staff Planner Council meeting Date: September 13, 2001 Director Approval: Jim Callaway, Development Services Director 'Hryn er C ~1 f d b Thov a E ~ Y City Manager Approval: 74-fth .L Item: Public hearing, discussion, and possible action on a request to rezone 2.497 acres out of the Robert Stevenson Survey League A-54 located at 4121 State Highway 6 South from C-3 Planned Commercial and A-P Administrative Professional to C-1 General Commercial. (01-181) Item Summary: The Planning and Zoning Commission reviewed a rezoning request for this property on July 19, 2001 and recommended approval of C-1 zoning to Council. Council denied the rezoning request for C-1 without prejudice at their August 9th meeting. At that time, Council asked that the Planning and Zoning Commission report back to them on the possibility of C-B zoning on this property. The applicant, Veronica Morgan of Mitchell & Morgan, is requesting this rezoning in order to prepare the property for future development. The landowner hopes to use the property for a restaurant. C-1 zoning would also allow uses ranging from offices and hotels to retail stores and filling stations. The subject property is located on the east bypass, south of the recently platted Harley Subdivision. The (roughly) 350-ft. by 300-ft. tract is currently zoned A-P Administrative Professional and C-3 Planned Commercial. It is surrounded by undeveloped C-3 and land that has been in an A-O Agricultural Open holding pattern since annexation. Comprehensive Plan Considerations: The Land Use Plan shows this area to be Regional Retail. "Regional Retail" describes areas that permit regional-scale development of tax-generating businesses such as retail centers, service commercial, and restaurants. The Planning staff is currently developing a small area plan for the area bounded by Greens Prairie Rd., Rock Prairie Rd. and SH 6. This property is included in that area. It is not anticipated that the Regional Retail shown on the Land Use Plan in this specific location will change, however. The subject tract is located in an area that is separated and buffered from the overall area by two creeks. During consideration of the present Comprehensive Plan Council specifically directed that the land along the frontage road between these two creeks should be reflected as Regional Retail. The C-1 zoning proposed by the applicant is consistent with the plan for Regional Retail. The Thoroughfare plan in this area shows the future Barron Road extension south of the subject property. An extension of Barron Road is planned from SH 6 to Rock Prairie road. This will include a highway interchange. A major north - south collector is planned east of the subject property, parallel to SH 6. This property is located such that it should have little or no impact on the design or construction of either an overpass at Barron Road or the north - south major collector. The subject tract is located north of the future overpass. The MPO currently has the Barron Road interchange listed as the 19th priority in this area. The applicant is aware that the City is actively pursuing improving the priority level. In either case the design of the overpass is some time in the future with actual construction even further away. Agenda Item #12.1 A future entrance ramp onto SH 6 will be developed in the vicinity of this tract. While this will have some impact on access to the tract, it will not create the same impacts and safety concerns as an exit ramp (as in the recent A&M Church of Christ CUP). If the access drive to the subject property is in place before the development of the interchange, then the placement of the ramps will be adjusted to the best possible location. Development of this property should not adversely impact the future overpass and the associated ramps. Item Background: This land was annexed into the city in 1983 and rezoned from A-O to C-3 and A-P in 1984. It was part of the same parent tract as the Harley Subdivision, but was not considered in the adopted Harley plat. The Harley property is north of the subject property separated by a 2.5-acre tract, and was rezoned to C-1 in 1998. The Commission approved the preliminary plat for the Harley Subdivision on July 19,2001. The final plat will be reviewed prior to development of the property. Related Board Recommendations/Actions: The Planning and Zoning Commission is scheduled to hear this case on September 6th, 2001. Meeting minutes will be forwarded when they are available. Staff Recommendation: Staff recommends approval of the requested C-1 Zoning District as it is consistent with the Land Use Plan. Council may find that a less intense zoning district is appropriate for this property under current conditions. Other zoning districts that would be consistent with the Land Use Plan are C-3, A-P, and C-B. Council Action Options: 1. Approval of rezoning as submitted. 2. Approval with physical conditions that will mitigate negative impacts. 3. Approval of a less intense zoning classification (C-3, A-P, or C-B, only if considered by PNZ) 4. Denial 5. Denial without prejudice (waives 180-day waiting period). 6. Table indefinitely. 7. Defer action to a specified date. Supporting Materials: 1. Infrastructure and Facilities 2. P&Z Meeting Minutes from 9-6-01 will be forwarded under separate cover when available 3. Ordinance (including location map) 4. Existing and Proposed Zoning District Summary Sheet ZONING DISTRICT INFORMATION SUMMARY Case #01-181- From A-P and C-3 to C-1 or C-B ExistinjA-P Administrative Professional: PURPOSE: This district would accommodate selected commercial businesses which provide a service rather than sell products, either retail or wholesale. The uses allowed have relatively low traffic generation and require limited location identification. PERMITTED USES: ■ Administrative offices. ■ Art studio or gallery. ■ Business, music, dance, or commercial schools. ■ Financial institutions. ■ Doctor or dentist offices. ■ Government offices. ■ Offices, professional or service. • Photographer's studio. ■ Radio, TV station (no towers). ■ Public parking lot for operating vehicles. ■ Real estate office. ■ Small recycling collection facilities. (As amended by Ordinance No. 1905 dated September 12, 1991) ■ Travel agency or tourist bureau. ■ Other personal service shops. Existing C-3, Planned Commercial PURPOSE: This district is designed to provide locations for commercial sites that are too small for many permitted uses in the General Commercial District. These are moderately low traffic generators that have little impact on adjacent areas and on adjacent thoroughfares. (As amended by Ordinance 2204 dated August 29, 1996) PERMITTED USES: All in A-P plus the following: ■ Alcoholic beverage sales - retail and wholesale ■ Car wash. ■ Cleaner/laundry. ■ Cold storage. ■ Garage, commercial. ■ Mini-storage warehouses. ■ Nursery/plant sales. ■ Radio and TV stations (now towers). ■ Rental - vehicles and equipment. ■ Repair shops. ■ Retail sales and service. ■ Shopping center. ■ Other uses may be permitted by the Commission. (As amended by Ordinance 2204 dated August 29, 1996) Proposed C-1 General Commercial: PURPOSE: This district is designed to provide a location for general commercial, retail uses which serve the entire community and its visitors. PERMITTED USES: ■ All uses permitted in A-P plus C-3 ■ Alcoholic beverage sales - retail and wholesale. ■ Arena - coliseum. ■ Automobile sales and rental. ■ Automobile repair shop. ■ Bank. ■ Bookstore, retail and wholesale. ■ Bowling alley. ■ Restaurant. ■ Car wash. ■ Child care. ■ Cleaner, dry and pressing plant, laundry and/or linen supply. ■ Cold storage. ■ Commercial amusements (excluding sexually oriented commercial enterprises) (As amended by Ordinance No. 2029 dated August 26, 2993.) ■ Convalescent home. ■ Domestic household equipment rental, storage. ■ Dormitories. ■ Drive-in sales. ■ Drive-in eating establishment. ■ Filling station, retail. ■ Funeral homes. ■ Furniture, appliance store, sales, service. ■ Garage, commercial. ■ Hardware store. ■ Hospital, sanitarium, nursing home or convalescent home. ■ Hotel. ■ Marine and fishing equipment sales. ■ Hotel. ■ Marine and fishing equipment sales. ■ Mobile home sales, storage. ■ Motel. ■ Nursery plant sales. ■ Public parking building or lot for operating vehicles. ■ Printing and reproduction. ■ Private lodges, fraternal. ■ Radio or TV stations or studios, (no towers). ■ Retail sales and services. ■ Shopping center. ■ Storage garage. ■ Theaters and motion picture houses. ■ Veterinary hospitals. (As amended by Ordinance No. 2356 dated October 22, 1998) ■ Warehouses for uses permitted in this district. ■ Other uses will be considered by the Commission. ZONING DISTRICT INFORMATION SUMMARY Case #01-181 - From A-P and C-3 to C-1 or C-B Other C-B Business Commercial PURPOSE: This district is intended as an alternative to general commercial districts in areas where certain commercial uses may be appropriate, but where more intensive uses of the land may not be compatible with the surrounding character. Only limited outside business activity is allowed. Outside business activity is defined as outside display of merchandise for sale but does not include outside storage of merchandise. Outside business activity locations are permitted only in areas no further than 50 feet from the building where the primary business is located and are not allowed in areas out in the parking lot. Outside business activity is not permitted within 50 feet from any adjacent roadway. (As amended by Ordinance No. 2220 dated November 20, 1996.) PERMITTED USES: ■ Administrative/professional offices. ■ Alcoholic beverage sales (retail). ■ Art studio or gallery. ■ Cleaner (no on-site cleaning). ■ Dance or music school. ■ Domestic household and office equipment rental. ■ Dormitory. ■ Financial institution. ■ Hotel/motel. • Personal service shop. ■ Radio or TV station or studio (no towers). ■ Restaurant. ■ Retail sales. ■ Theater or motion picture house. ■ Veterinary hospitals. (As amended by Ordinance No. 2356 dated October 22, 1998) ■ Other uses may be considered by the Commission. ZONING DISTRICT INFORMATION SUMMARY Case #01-146 - From A-P to C-1 ExistinQA-PAdministrative Professional: PURPOSE: This district would accommodate selected commercial businesses which provide a service rather than sell products, either retail or wholesale. The uses allowed have relatively low traffic generation and require limited location identification. PERMITTED USES: ■ Administrative offices. ■ Art studio or gallery. ■ Business, music, dance, or commercial schools. ■ Financial institutions. ■ Doctor or dentist offices. ■ Government offices. ■ Offices, professional or service. ■ Photographer's studio. • Radio, TV station (no towers). ■ Public parking lot for operating vehicles. • Real estate office. ■ Small recycling collection facilities. (As amended by Ordinance No. 1905 dated September 12, 1991) • Travel agency or tourist bureau, • Other personal service shops. Existing C-3 Planned Commercial PURPOSE: This district is designed to provide locations for commercial sites that are too small for many permitted uses in the General Commercial District. These are moderately low traffic generators that have little impact on adjacent areas and on adjacent thoroughfares. (As amended by Ordinance 2204 dated August 29, 1996) PERMITTED USES: All in A-P plus the following: ■ Alcoholic beverage sales - retail and wholesale ■ Car wash. ■ Cleaner/laundry. ■ Cold storage. ■ Garage, commercial. ■ Mini-storage warehouses. ■ Nursery/plant sales. ■ Radio and TV stations (now towers). ■ Rental - vehicles and equipment. ■ Repair shops. ■ Retail sales and service. ■ Shopping center. ■ Other uses may be permitted by the Commission. (As amended by Ordinance 2204 dated August 29, 1996) Proposed C-1 General Commercial. PURPOSE: This district is designed to provide a location for general commercial, retail uses which serve the entire community and its visitors. PERMITTED USES: ■ All uses permitted in A-P plus C-3 ■ Alcoholic beverage sales - retail and wholesale. • Arena - coliseum. • Automobile sales and rental. ■ Automobile repair shop. • Bank ■ Bookstore, retail and wholesale. ■ Bowling alley. ■ Restaurant. ■ Car wash. • Child care. ■ Cleaner, dry and pressing plant, laundry and/or linen supply. • Cold storage. ■ Commercial amusements (excluding sexually oriented commercial enterprises) (As amended by Ordinance No. 2029 dated August 26, 2993. ) ■ Convalescent home. ■ Domestic household equipment rental, storage. ■ Dormitories. ■ Drive-in sales. ■ Drive-in eating establishment. ■ Filling station, retail. ■ Funeral homes. • Furniture, appliance store, sales, service. ■ Garage, commercial. ■ Hardware store. ■ Hospital, sanitarium, nursing home or convalescent home. • Hotel. ■ Marine and fishing equipment sales. • Hotel. • Marine and fishing equipment sales. ■ Mobile home sales, storage. ■ Motel. • Nursery plant sales. ■ Public parking building or lot for operating vehicles. • Printing and reproduction. • Private lodges, fraternal. ■ Radio or TV stations or studios, (no towers). ■ Retail sales and services. • Shopping center. ■ Storage garage. • Theaters and motion picture houses. • Veterinary hospitals. (As amended by Ordinance No. 2356 dated October 22, 1998) • Warehouses for uses permitted in this district. • Other uses will be considered by the (''nmmi ccinn