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HomeMy WebLinkAbout02-00500122- 00073537Agenda Item Cover Sheet Agenda Item # m Submitted By: Molly Hitchcock, Staff Planner ouncil Meeting Date: jAugust 8, 2002 Director Approval: Manager Approval: Item: Public hearing, discussion, and possible action on a rezoning from R-1 Single Family Residential to C-1 General Commercial for 18.33 acres of the Morgan Rector League A-46 located east of the future Central Park Lane extension on Krenek Tap Road. (02-121) Item Summary: The applicant is requesting a rezoning of 18.33 acres on Krenek Tap to C-1 General Commercial to prepare the land for marketing. Land to the north of the subject property is currently zoned R-5 Apartment/Medium Density (developed as apartments) and C-1 (undeveloped). Undeveloped land to the west along Krenek Tap is owned by the same person as the subject tract and is concurrently under consideration for a zoning change (from R-1 to R-5). Comprehensive Plan Considerations: The Land Use Plan shows the subject property to be Mixed Use Development. Mixed Use is defined in the Comprehensive Plan as: Areas which encourage mixing of compatible land uses such as retail/commercial, office, parks, multifamily, and attached single- family. These uses are developed together in a manner that allows interaction between the uses and that allows each use to support the other uses. The residential uses provide the patrons for the office and commercial uses. The layout of these land uses must take into consideration pedestrian linkages, landscape buffers between the uses, shared site improvements and vehicular circulation. The success of these mixed use areas is directly related to the sensitive master planning of the site layout. C-1 zoning on the subject property would not be in compliance with the Land Use Plan. Commercial uses are not inappropriate in this location, per se. This is an ideal location as there is good access, good visibility, and appropriately sized roadways. The property has frontage on two minor collectors (Krenek Tap and the future Central Park Lane extension) and a Freeway/Expressway (Earl Rudder Freeway). Commercial zoning here is a valid concept from a planning perspective, but a different concept from the also equally valid Mixed Use reflected in the plan. Item Background: The property was annexed into the city in 1971. R-1 Single Family Residential zoning was placed on the land as a holding zone. The property has remained R-1 and has not platted. In the last couple of years, there have been several preparations made for development in the area including a rezoning to C-1 at the corner of the frontage road and Southwest Parkway, continuation of the Dartmouth Extension CIP, and City Council support of the City Center conceptual plan. Related Board Actions: The Planning and Zoning Commission reviewed this request on July 18, 2002 and recommended denial of the rezoning. A draft of the meeting minutes is attached. Staff Recommendation: Staff recommends denial of the rezoning. Council Action Options: 1. Approval of rezoning as submitted. 2. Denial. 3. Denial without prejudice (waives 180-day waiting period). 4. Table indefinitely. 5. Defer action to a specified date. Supporting Materials: 1. Infrastructure and Facilities 2. Draft P&Z meeting minutes from July 18, 2002 3. Rezoning ordinance 4. Zoning Summary Krenek Tap C-1 Rezoning Slide 2 (SAM) SUMMARY The rezoning before you tonight is for an 18 acre tract at the intersection of State Highway 6 and Krenek Tap Road. Both staff and the Planning and Zoning Commission recommend denial of this request. The subject property is abutted by apartments and vacant C-1 General Commercial to the north and a church and undeveloped R-1 to the west. The two vacant tracts to the west will also be before you tonight for an R-5 Apartments rezoning. o , sou . Slide 3 (graphic) The Land Use Plan shows the subject property to be Mixed Use Development. The Plan reflects Mixed Use in a checkerboard pattern, and moving west, you have Residential Attached in brown and Single Family Residential M6~ D in yellow. On the south side of Krenek Tap, the large green area is Central Park and the magenta is the area for a municipal project that was the driving force for the City Center Project. Slide 4 (definition) For those of you who are familiar with the rezoning for the Wal-Mart property on Harvey Mitchell Parkway, the Comprehensive Plan argument against this rezoning is the same. Mixed use is a mix of compatible land uses developed together to allow interaction between the uses. There is a residential component that provides patrons for office and commercial uses and the layout takes into account pedestrian linkages, buffers, shared site improvements and circulation. Success of such a development is directly related to sensitive master planning of the site. In short, Mixed Use is a master planned development that facilitates the interrelationship of the different land uses. C-1 General Commercial zoning on this property would not be in compliance with the Land Use Plan. Commercial zoning is a valid concept on the property-it has good access, good visibility, and appropriately sized roadways; yet, Mixed Use is equally valid. Slide 5 (C-B proposal) Since the P&Z meeting, the applicant has requested C-B Business Commercial zoning in place of the C-1 General Commercial. The applicant is also proposing physical conditions as well to achieve a Mixed Use look. These conditions include: No parking along the frontage of Central Park Lane or Krenek Tap Road. Parking is allowed along 50% of the Hwy. 6 frontage. The remaining 50% will be buildings and/or open space. Buildings sited along Krenek Tap Road will have a 25' front setback and a facade similar to the front of the building. Limit the size of each building. The first floor of each building will be limited to 25,000 square feet with the exception of the hotel. This would preclude a big box retail user such as Best Buy, Walmart or Academy. Slide 6 (options) You have several options when considering this request. If you decide to consider the C-B zoning with conditions, you may need to send the item back to P&Z for their recommendation. You may: 1. Approve the rezoning as submitted or with conditions 2. To authorize a less intense rezoning or 3. Deny it. You may also 4. Table or 5. Defer action. With that, I'll answer any questions. The applicant is also present and would like to address the Council. 7.25. DISTRICT PDD PLANNED DEVELOPMENT A. APPLICABILITY: The Planned Development Districts (PDD) accommodate proposals for the same or similar uses to be developed as integrated units such as offices, commercial or service centers, shopping centers, industrial uses, residential developments or proposals where any appropriate combination of uses which may be planned, developed or operated as integral land use units either by a single owner or a combination of owners. A PDD may be used to permit new or innovative concepts in land utilization not permitted by other zoning districts in this ordinance. It may also be used to permit developments that existing districts do not easily accommodate. While greater flexibility is given to allow special conditions or restrictions which would not otherwise allow the development to occur, procedures are established to insure against misuse of increased flexibility. The PDDs are appropriate in areas where the land use plan reflects either the specific uses proposed in the PDD or where the land use plan reflects mixed use as a land use category. B. PERMITTED USES: Any use or combination of uses authorized by the Planning and Zoning Commission and City Council is permitted in a Planned Development District if the use if consistent with the following categories: Planned Development District - Housing (PDD-H) - Any use permitted in the residential zoning districts is permitted in a PDD-H development excluding uses listed below. 2. Planned Development District - Business (PDD-B) - Any use permitted in the office and commercial zoning districts is permitted in a PDD-B development, excluding uses listed below. 3. Planned Development District - Industrial (PDD-I) - Any use permitted in the R&D or industrial zoning district is permitted in a PDD-I development, excluding uses listed below. 4. Planned Development District - Mixed Use (PDD-M) - Any combination of uses permitted in the residential, office, commercial or industrial zoning districts are permitted in a PDD-M development, excluding uses listed below. C. PROHIBITED USES: The following uses are not allowed in any PD District: Sexually Oriented Enterprises 2 Mobile or Manufactured Housing D. APPLICATION 1. For a Planned Development District (PDD), the initial submission to the Planning and Zoning Commission (P&Z) shall consist of a request for a rezoning change and a Conceptual Plan on forms available in the Planning Department. 2. An application fee shall be submitted with the rezoning. An application will not be processed until a mandatory pre-application conference has been held with the appropriate City Staff. E. PROCEDURE: Requests for a PDD designation shall be processed as a rezoning request and shall follow the procedures stated in Section 17 of this ordinance unless otherwise specified in this section. 2. If the proposed area involves any required or voluntary parkland dedication, the Concept Plan must be reviewed by the Parks Board prior to processing. Parks Board recommendations shall be forwarded to the P&Z. If the proposed area includes a greenway as shown on the Greenways Master Plan, or if the applicant is proposing voluntary greenway dedication or sale, the Concept Plan must be reviewed by the Greenways Program Manager prior to processing. The Coordinator's recommendation shall be forwarded to the Planning and Zoning Commission. A pre-application conference is required prior to formal submission. The purpose of the meeting is to afford the applicant an opportunity to avail himself of the advice and assistance of the City Planning Staff before submitting the PDD application to the P&Z. 4. The P&Z shall review the rezoning change and the associated Conceptual Plan application and recommend approval, approval with conditions, or disapproval of the same. The rezoning change and associated Conceptual Plan application will be sent forward to the City Council with a recommendation of the P&Z. The Ordinance granting a PDD District shall include a statement as to the purpose and intent of the planned development granted therein. Any specific conditions of approval that are imposed by the City Council shall be listed in the PDD Ordinance and development plans shall be referenced as attachments. Any bulk or dimensional variations that were approved by City Council shall be listed in general terms in the Ordinance. 6. All Planned Development Districts approved in accordance with the provisions of this Zoning Ordinance in its original form, or by subsequent amendments thereto shall be referenced on the Zoning District Map. A list of such Planned Development Districts, together with the category of uses permitted therein, and the attached Concept Plan shall be maintained in the office of the City Planner. F. CONCEPT PLAN REQUIREMENTS: A Concept Plan shall accompany each PDD application and shall be general in nature. The Concept Plan will not be considered or reviewed as a complete site plan application. 1. The general development requirements for each separate PDD shall be included as part of the Concept Plan and shall include, but may not be limited to, the following: a. A list of potential land uses, b. A range of future building heights, c. A general statement regarding proposed drainage control, d. A list of general bulk or dimensional variations sought, and e. The general location of the following, if applicable: i. Parking areas ii. Building sites and an indication of their use iii. Artificially lit areas iv. Open spaces/conservation areas v. Crreenways vi. Streets and access vii. Parks viii. Schools ix. Buffer areas X. Trails xi. Buffer areas (or a statement indicating buffering proposed) xii. Other special features 2. The Concept Plan for the proposed PDD shall show the location of the Planned Development District and the relationship of the various land uses included in the development. The form and content of the Concept Plan shall be general in nature but shall contain information to enable P&Z and the City Council to evaluate the proposal and ascertain that it meets the following: a. The proposal will constitute an environment of sustained stability and will be in harmony with the character of the surrounding area; b. The proposal is in conformity with the policies and goals and objectives of the Comprehensive Plan including all its elements and will be consistent with the intent and purpose of this section; C. The proposal will not adversely affect adjacent development; d. Every dwelling unit has access to a public street directly or via a court, walkway or other public area or area owned by a homeowners association, but need not front on a public street; e. The provisions for parking spaces for all uses will be as established in Section 9 of this ordinance. Alternative parking standards may be allowed where the applicant provides evidence showing the alternative is acceptable to the City and meets the intent of Section 9; f. There will be adequate drainage development; and g. The development includes provision of adequate public improvements, including but not limited to parks, schools, and other public facilities. G. REVIEW CRITERIA: The Planning and Zoning Commission or City Council shall not approve a planned development if it finds that the proposed planned development: Does not conform with applicable regulations and standards established by this ordinance; 2. Is not compatible with existing or permitted uses on abutting sites or with uses internal to the PDD, in terms of use, building height, bulk and scale, density, setbacks and open spaces, landscaping, drainage, or access and circulation features, within the standards established by this section; Potentially creates unfavorable effects or impacts on other existing uses in the area or potential permitted uses in the area that cannot be mitigated by the provisions of this section; 4. Adversely affects the safety and convenience of vehicular and pedestrian circulation in the vicinity, including traffic reasonably expected to be generated by the proposed use and other uses reasonably anticipated in the area considering existing zoning and land uses in the area; 5. Fails to reasonably protect persons and property from erosion, flood or water damage, fire, noise, glare, and similar hazards or impacts; 6. Adversely affects traffic control or adjacent properties by inappropriate location, lighting, or types of signs; or 7 Will be detrimental to the public health, safety, welfare, or materially injurious to properties or improvements in the vicinity, for reasons specifically articulated by the Commission or City Council. 8. Does not generally comply with the policies adopted in the Comprehensive Plan of the City of College Station. H. Unless otherwise indicated in the approved Concept Plan, the minimum requirements for each development shall be those stated in the Subdivision Regulations and the requirements of the most restrictive standard zoning district in which designated uses are permitted. Modification of these standards may be considered during the approval process of the PDD. Overall density in any planned development shall not exceed that shown on the Land Use Plan for the particular location. Lesser densities may be required to ensure compatibility with surrounding existing neighborhood densities. The granting of a PDD designation shall not relieve the developer from responsibility for complying with all other applicable sections of the Zoning Ordinance, and other codes and ordinances of the City of College Station unless such relief is granted in the approved Concept Plan. K. An owners association will be required if other satisfactory arrangements have not been made for providing, operating, and maintaining common facilities including streets, drives, service and parking areas, common open spaces, buffer areas and common recreational areas at the time the development plan is submitted. If an owners association is required, it shall be submitted to the City to assure compliance with the provisions of this ordinance. L. All changes of use from those approved in the original PDD, and any deviations from the approved Concept Plan, shall require City Council approval. M. EXPIRATION OF APPROVAL: The Concept Plan shall expire and the zoning shall revert to the previous zoning classification that existed on the affected properties prior to the PDD rezoning if further development action has not been apparent within 24 months of the effective date of the PDD Ordinance. (As amended by Ordinance No. 2297 dated January 7, 1998) (As amended by Ordinance No. 2509 dated August 1, 2001) I` \ G: ~ ~ ~ \ . ~ .y ~ ~ ~ 4 ` f~ ~ _ ~ . ~ / V l!..~ / ~ ~ y ~ / ~ ~ ~ Y; 74 `~~y _1MIw Cily Curtrr ~ 3 , rn l a m 9 r o~ Now Z~ ° o k tmows toTi mom _ ? 6 t 01 , 1 -U --rAZx E~' , r > 01 t4 II y m ~ ~ j ~ t A~ 4 II + ` 1 tP ~ 1 + sift 1 } 4 O 7 ~ ~ t+ 1 ~ O} a ~ i ) a a v t i ON DR J- UTHERN PI ANt AT i ` - 1 ; ' s i; II ♦ y 'i SD " ^ l } J1 _ _ r~ rz- x i t PT 09.44 4,1 y m II vvar-~oov~tn ~a ~ ` , ~ 1 ~9 !I vzzPr ~3 ~ } , +n +n.-.ooa-+Inom ` . MZM M. z I C) zz iii ` roO a OOaaar>- pp + r N +°0° 0 0 O0 0 p'` + a OOam~ p `1l , o ap z , v 'o p O jx-►=a m PC 9.5•9d 0 o~