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)
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