HomeMy WebLinkAbout00071806STAFF REPORT
Item: Public Hearing and Consideration of a Conditional Use Permit, site plan and use,
for a convenience storelgas station, Exxon @ Dartmouth Crossing, to be located at 2500
Dartmouth Drive. (00-8)
Applicant: Rabon Metcalf for Akber Dosani
Item Summary: The applicant is proposing to construct a 5,605 square foot convenience
store and an eight (8) pump gas station at the southwest corner of Dartmouth Drive and
Southwest Parkway. The property is currently zoned C-N, Neighborhood Business.
Convenience stores and gas stations are not expressly permitted in a C-N district, but may
be allowed under the provision listed "other uses to be determined by the Commission."
All uses permitted in the C-N district must have their use, location, and site plan
approved by the Planning and Zoning Commission.
Item Background: The subject property was rezoned to C-N in October of 1997 and has
remained undeveloped. The intent of the C-N district is to provide for small commercial
sites for residential convenience goods and personal service businesses. In November
1998, the Planning and Zoning Commission approved the conceptual site plan and use
permit. However, since no building permits were pulled within 12 months of the
previous approval, the November 1998 conditional use permit has expired.
Except for the professional office located to the west, developed or zoned residential
districts surround the subject property on all sides. The abutting property to the south is
currently an undeveloped R-5, Apartment Medium Density tract.
Staff Recommendations: Neighborhood Business uses must meet the intent of the C-N
district. The Zoning Ordinance defines the purpose of this district as, providing
small commercial sites for residential convenience goods and personal service businesses.
No use shall be allowed which would adversely affect the health, safety, welfare, or
residential character of the neighborhood. The use shall be a low traffic generator and
shall not create any noise, light, or odors abnormal to the neighborhood." The use must
be compatible with the surrounding area that it serves.
Staff recommends approval with Staff Review No.2 comments.
Commission Action Options: The Commission has final authority over the C-N use and
site plan.
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
5. P&Z Minutes of November 19,1998
INFRASTRUCTURE AND FACILITIES
Water: A 12" waterline runs along Dartmouth Drive. This is adequate for the
requested use.
Sewer: An 8" sewer line is extended through the site. This is adequate for the
requested use.
Streets: Dartmouth Drive and Southwest Parkway are classified as Minor
Arterials on the Thoroughfare Plan.
Off-site Easements: A joint access easement between the subject property and
the adjacent property to the east (Heritage at Dartmouth) exists at the Dartmouth
Drive access site. A joint access easement also is shared with the property to the
west (Planter Emergent State Bank) via the Southwest Parkway entrance.
Drainage: Will be required to meet the Drainage Ordinance.
Flood Plain: Not located within the flood plain.
NOTIFICATION:
Legal Notice Publication(s): The Eagle; 2-2-00
Advertised Commission Hearing Dates(s): 2-17-00
Number of Notices Mailed to Property Owners Within 200': 11
Response Received: None as of date of staff report.
STAFF REPORT
Prepared by: Jessica Jimmerson Date: 1/30/02
E-mail: jjimmers@ci.college-station.tx.us
Item: Public hearing, discussion and possible action on an ordinance amendment rezoning
approximately one acre located at the southwest corner of Southwest Parkway and
Dartmouth Rd. from C-N, Neighborhood Commercial to C-B, Commercial Business. (01-273)
Applicant: Akber Dosani
Staff Recommendations: Staff recommends denial of the rezoning.
Item Summary: The applicant is requesting the rezoning because the existing C-N zoning
district does not allow for a freestanding sign on the property or seating in the restaurant
area. The developer should have been aware of these limitations in the C-N zoning district at
the time that the site plan went through the approval process. Section 7.10 of the City's
Zoning Ordinance, which discusses the C-N district, clearly states in two places that, "No
restaurants providing on-premise consumption or commercial amusements shall be allowed."
Also, in the meeting minutes from May 5th, 2000 when the third attempt at site plan approval
was being discussed, it is clearly stated that no unattached signs are allowed in the district.
(See attached.)
Comprehensive Plan Considerations: The FM2818 Extension Study approved by the City
Council in 1992 recommended the Southwest Parkway/Dartmouth intersection as a location
for a neighborhood business to serve both the surrounding neighborhood and Central Park.
The Thoroughfare Plan classifies Southwest Parkway and Dartmouth Drive as minor
arterials. The Thoroughfare Plan also shows Dartmouth Drive to be extended to the south,
crossing Krenek Tap, and eventually connecting to Texas Avenue at Brothers Street.
In the proposed C-B zoning district, the existing use of the property as a convenience store/
gasoline service station is required to have a conditional use permit. Therefore, if any
significant changes are made to the site, the plan will, under today's ordinances, have to
come back before the Commission for approval. However, as the Commission is aware the
determination of which uses will be allowed in each zoning district under the new UDO is not
yet decided. It is likely that the C-B district will convert to the new C-G, or General
Commercial, district and if that is the case the number of allowable uses will greatly increase
and if the site were to redevelop it could do so under the requirements of the new zoning
district. Many of the uses allowed in C-G district would not meet the intent of the FM2818
Extension Study. If the property were to remain C-N, then it appears that the zoning district
it would be converted to with the LIDO would be the C-L, or Light Commercial, district. The
C-L district is the district most likely to continue allowing uses that mirror what was
recommended in the FM2818 area study.
Item Background: The subject property was originally zoned to C-N in 1994 at the same
time the owner rezoned the neighboring tracts to R-5 and R-2. In 1997, there was a second
rezoning to adjust the boundaries of the districts. In November 1998, the Planning and
Zoning Commission approved a conceptual site plan and use for this property. However,
since no building permits were pulled within 12 months of the approval, the November 1998
approval expired.
In 2000, the developer again began the process of site plan approval. Site plans came
before the Commission four times before approval was received. Since that time the
property has begun development. During this phase the developer became unhappy about
the limitations of the zoning district and has proceeded to pursue the various options
available to attempt to change the situation.
On September 4th of 2001, the applicant requested an amendment to the sign section of the
Zoning Ordinance to allow for a freestanding sign in the C-N district. The Commission
recommended that this issue should be looked as part of the new LIDO adoption. The
developer then chose not to continue with the request to Council. The next step taken by the
developer was to request a variance to the sign ordinance. The Zoning Board of Adjustment
heard the case on November 6th, 2001 and denied the request since no special condition or
hardship was present on the property.
The applicant is now pursuing the final avenue for changing the situation, which is rezoning
the property to allow for on-site food consumption and a freestanding sign.
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:
1. Recommend approval as submitted;
2. Recommend approval with physical conditions that will mitigate negative impacts;
3. Recommend a less intense zoning classification;
4. Recommend denial with or without prejudice;
5. Table the item; or,
6. Defer action to a specified date.
Supporting Materials:
1. Location Map
2. Application
3. Infrastructure and Facilities
4. Zoning Summary Sheet
5. Minutes from the May 18th P&Z Meeting (3rd request)
6. Minutes from the following meetings are available upon request
a. ZBA Meeting November 6th
b. P&Z Meeting September 2001 - Sign Ordinance Amendment Request
c. P&Z Meeting September 2000 - Site plan approval (4th request)
d. P&Z Meeting April 2000 - 2nd site plan request
e. P&Z Meeting February 2000 - 1St site plan request
INFRASTRUCTURE AND FACILITIES
Water: A 12" waterline runs along Dartmouth Drive. This is adequate for the
requested use.
Sewer: An 8" sewer line is extended through the site. This is adequate for the
requested use.
Streets: Dartmouth Drive and Southwest Parkway are classified as Minor Arterials
on the Thoroughfare Plan.
Off-site Easements: A joint access easement between the subject property and
the adjacent property to the east (Heritage at Dartmouth) exists at the Dartmouth
Drive access point. A joint access easement also is shared with the property to the
west via the Southwest Parkway entrance.
Drainage: Was addressed at the time of development.
NOTIFICATION:
Legal Notice Publication(s): The Eagle; 01-23-02 and 02-13-02
Advertised Commission Hearing Dates(s): 02-07-02
Advertised Council Hearing Dates: 02-28-02
Number of Notices Mailed to Property Owners Within 200': 6
Response Received: None as of date of staff report