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Home My WebLink About03-00500185- 00076100 COLLEGE STATION. CITY OF COLLEGE STATION DEVELOPMENT SERVICES 1101 Texas Avenue South, PO Box 9960 College Station, Texas 77842 Phone (979)764 -3570 / Fax (979)764 -3496 TO: IU 1kki the '/ 36/ ?7b a " Y. FROM: Susan Hazlett, Staff Assistant DATE: August 28, 2003 RE: Staff Report P &Z Meeting, September 4, 2003 Following this coversheet is a copy of the Staff Report that was prepared for the following project. Please keep in mind that staff's responsibility is to provide the Planning & Zoning Commission with all pertinent facts of a development case, but that staff is not acting as an advocate for the applicants. Therefore, it is in the applicant's best interest to send a representative to the Planning & Zoning Commission meeting to speak on behalf of the proposal. This item is scheduled for the Thursday, September 4, 2003 Planning & Zoning Commission Meeting. This meeting will begin at 7 :00 P.M. in City Hall Council Chambers. I have included a copy of the agenda for this meeting. Please contact our office at (979)764 -3570 if you should have any questions. Thanks. STAFF REPORT Project Manager: Jennifer Prochazka Date: August 26, 2003 Email: jprochazka @cstx.gov Item: Public hearing, discussion, and possible action on an AMENDMENT to the Comprehensive Plan — Land Use Plan from Office to Retail Regional and a REZONING from C -2 Commercial Industrial, to C -1 General Commercial, for Lots G -2A and G -2B, Ponderosa Place, consisting of 2.63 acres, and located at 1745 and 1751 Rock Prairie Road at the northwest corner of Rock Prairie Road and Longmire Drive. Applicants: Lew W. Harpold, Attorney for Sand Canyon Partnership, Owner of Tract G -2B (currently developed as Walgreens) David W. Richardson, Attorney for Whataburger, Inc., Owner of Tract G -2A Staff Recommendations: Staff recommends approval of the amendment to the Land Use Plan and the rezoning. Item Summary: The applicants are requesting a rezoning from C -2 Commercial Industrial to C -1 General Commercial in order to bring the current uses of the properties into compliance with the Unified Development Ordinance. C -1 General Commercial is the only feasible zoning for this location that allows both retail and restaurant (with a drive -thru) uses. A Land Use Plan amendment to 'Regional Retail' will be required for a rezoning to C -1 General Commercial to be in compliance with the Land Use Plan, which currently shows 'Office." Staff feels that this property is more suitable for a 'Retail Regional' designation on the Land Use Plan because of new development and changing conditions in the area. This designation would also be consistent with the policy of locating commercial at major intersections. Rock Prairie Road is shown as a major arterial on the Thoroughfare Plan and Longmire drive is shown as a major collector. The Land Use Plan shows the surrounding properties as industrial and office. Item Background: The property was annexed in 1980 and rezoned from A -O Agricultural Open to C -2 Commercial Industrial that same year. The property was platted as a part of Ponderosa Place Section 2 in 1982 & 1989 and replatted into Lots G2 -A and G2 -B in 2002. Walgreens and Whataburger were developed on the lots in 2003 under the regulations of the Zoning Ordinance # 1638. Under the Zoning Ordinance #1638 retail and restaurants were permitted uses in C -2 zoning districts. In the Unified Development Ordinance retail and restaurant are no longer permitted uses in C -2. The adoption of the UDO made these R: WTLTRIPZLTRIPRODIPZ20031P0008389. DOC Created on 07/30/03 11:44 AM businesses legally non - conforming in their current location. With the non - confirming status that these uses now have, the use may remain until it is discontinued and changed to a conforming use, or until it is discontinued or abandoned for more than three months Commission Action Options: The Commission will need to make two separate recommendations to Council for these two agenda items. The Commission acts as a recommending body on the question of Comprehensive Plan amendments, which will be ultimately decided by City Council. The Commission options are: 1. Recommend approval; 2. Recommend denial; 3. Table indefinitely; or, 4. Defer action to a specified date. 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; 2. Recommend denial; 3. Table indefinitely; or, 4. Defer action to a specified date. Supporting Materials: 1. Location Map 2. Applications 3. Letter from applicant Lew Harpold 4. Permitted Uses for C -1 and C -2 5. Section 9.2 of the Unified Development Ordinance R. IHTLTRIPZLTRIPRODIPZ2003IP0008389. DOC Created on 07/30/03 11.44 AM NOTIFICATION: Legal Notice Publication(s): The Eagle; 8 - - and 9 - - Advertised Commission Hearing Dates(s): 9 - - Advertised Council Hearing Dates: 9 - - Number of Notices Mailed to Property Owners Within 200': 10 Response Received: None as of date of staff report R: IHTLTRIPZLTRIPRODIPZ20031P0008389. DOC Created on 07/30/03 11 :44 AM COIIEG{. STATION CITY OF COLLEGE STATION DEVELOPMENT SERVICES 1101 Texas Avenue South, PO Box 9960 College Station, Texas 77842 Phone (979)764 -3570 / Fax (979)764 -3496 TO: W ., t) / C) fid 00n y 41 iI er6 A4 7/S 90-7/Do FROM: Susan Hazlett, Staff Assistant DATE: August 28, 2003 RE: Staff Report P &Z Meeting, September 4, 2003 Following this coversheet is a copy of the Staff Report that was prepared for the following project. Please keep in mind that staff's responsibility is to provide the Planning & Zoning Commission with all pertinent facts of a development case, but that staff is not acting as an advocate for the applicants. Therefore, it is in the applicant's best interest to send a representative to the Planning & Zoning Commission meeting to speak on behalf of the proposal. This item is scheduled for the Thursday, September 4, 2003 Planning & Zoning Commission Meeting. This meeting will begin at 7:00 P.M. in City Hall Council Chambers. I have included a copy of the agenda for this meeting. Please contact our office at (979)764 -3570 if you should have any questions. Thanks. STAFF REPORT Project Manager: Jennifer Prochazka Date: August 26, 2003 Email: jprochazka @cstx.gov Item: Public hearing, discussion, and possible action on an AMENDMENT to the Comprehensive Plan — Land Use Plan from Office to Retail Regional and a REZONING from C -2 Commercial Industrial, to C -1 General Commercial, for Lots G -2A and G -2B, Ponderosa Place, consisting of 2.63 acres, and located at 1745 and 1751 Rock Prairie Road at the northwest corner of Rock Prairie Road and Longmire Drive. Applicants: Lew W. Harpold, Attorney for Sand Canyon Partnership, Owner of Tract G -2B (currently developed as Walgreens) David W. Richardson, Attorney for Whataburger, Inc., Owner of Tract G -2A Staff Recommendations: Staff recommends approval of the amendment to the Land Use Plan and the rezoning. Item Summary: The applicants are requesting a rezoning from C -2 Commercial Industrial to C -1 General Commercial in order to bring the current uses of the properties into compliance with the Unified Development Ordinance. C -1 General Commercial is the only feasible zoning for this location that allows both retail and restaurant (with a drive -thru) uses. A Land Use Plan amendment to 'Regional Retail' will be required for a rezoning to C -1 General Commercial to be in compliance with the Land Use Plan, which currently shows 'Office." Staff feels that this property is more suitable for a 'Retail Regional' designation on the Land Use Plan because of new development and changing conditions in the area. This designation would also be consistent with the policy of locating commercial at major intersections. Rock Prairie Road is shown as a major arterial on the Thoroughfare Plan and Longmire drive is shown as a major collector. The Land Use Plan shows the surrounding properties as industrial and office. Item Background: The property was annexed in 1980 and rezoned from A -O Agricultural Open to C -2 Commercial Industrial that same year. The property was platted as a part of Ponderosa Place Section 2 in 1982 & 1989 and replatted into Lots G2 -A and G2 -B in 2002. Walgreens and Whataburger were developed on the Tots in 2003 under the regulations of the Zoning Ordinance # 1638. Under the Zoning Ordinance #1638 retail and restaurants were permitted uses in C -2 zoning districts. In the Unified Development Ordinance retail and restaurant are no longer permitted uses in C -2. The adoption of the UDO made these R:IHTLTRI PZLTRI PRODIPZ20031P0008389. DOC Created on 07/30/03 11:44 AM businesses legally non - conforming in their current location. With the non - confirming status that these uses now have, the use may remain until it is discontinued and changed to a conforming use, or until it is discontinued or abandoned for more than three months Commission Action Options: The Commission will need to make two separate recommendations to Council for these two agenda items. The Commission acts as a recommending body on the question of Comprehensive Plan amendments, which will be ultimately decided by City Council. The Commission options are: 1. Recommend approval; 2. Recommend denial; 3. Table indefinitely; or, 4. Defer action to a specified date. 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; 2. Recommend denial; 3. Table indefinitely; or, 4. Defer action to a specified date. Supporting Materials: 1. Location Map 2. Applications 3. Letter from applicant Lew Harpold 4. Permitted Uses for C -1 and C -2 5. Section 9.2 of the Unified Development Ordinance R: I HTLTRIPZLTRI PRODIPZ20031P0008389. DOC Created on 07/30/03 11:44 AM NOTIFICATION: Legal Notice Publication(s): The Eagle; 8 -19 -03 and 9 -05 -03 Advertised Commission Hearing Dates(s): 9 -04 -03 Advertised Council Hearing Dates: 9 -23 -03 Number of Notices Mailed to Property Owners Within 200': 10 Response Received: None as of date of staff report R: I HTL TRI PZL TRI PROD I PZ20031 P0008389. DOC Created on 07/30/03 11:44 AM .vire COLLEGE. STATION CITY OF COLLEGE STATION DEVELOPMENT SERVICES 1101 Texas Avenue South, PO Box 9960 College Station, Texas 77842 Phone (979)764 -3570 / Fax (979)764 -3496 TO: +t/. / kr4a/rditr4 2/ 49,2 7/2. FROM: Susan Hazlett, Staff Assistant DATE: August 28, 2003 RE: Staff Report P &Z Meeting, September 4, 2003 Following this coversheet is a copy of the Staff Report that was prepared for the following project. Please keep in mind that staff's responsibility is to provide the Planning & Zoning Commission with all pertinent facts of a development case, but that staff is not acting as an advocate for the applicants. Therefore, it is in the applicant's best interest to send a representative to the Planning & Zoning Commission meeting to speak on behalf of the proposal. This item is scheduled for the Thursday, September 4, 2003 Planning & Zoning Commission Meeting. This meeting will begin at 7:00 P.M. in City Hall Council Chambers. I have included a copy of the agenda for this meeting. Please contact our office at (979)764 -3570 if you should have any questions. Thanks. STAFF REPORT Project Manager: Jennifer Prochazka Date: August 26, 2003 Email: jprochazka @cstx.gov Item: Public hearing, discussion, and possible action on an AMENDMENT to the Comprehensive Plan — Land Use Plan from Office to Retail Regional and a REZONING from C -2 Commercial Industrial, to C -1 General Commercial, for Lots G -2A and G -2B, Ponderosa Place, consisting of 2.63 acres, and located at 1745 and 1751 Rock Prairie Road at the northwest corner of Rock Prairie Road and Longmire Drive. Applicants: Lew W. Harpold, Attorney for Sand Canyon Partnership, Owner of Tract G -2B (currently developed as Walgreens) David W. Richardson, Attorney for Whataburger, Inc., Owner of Tract G -2A Staff Recommendations: Staff recommends approval of the amendment to the Land Use Plan and the rezoning. Item Summary: The applicants are requesting a rezoning from C -2 Commercial Industrial to C -1 General Commercial in order to bring the current uses of the properties into compliance with the Unified Development Ordinance. C -1 General Commercial is the only feasible zoning for this location that allows both retail and restaurant (with a drive -thru) uses. A Land Use Plan amendment to 'Regional Retail' will be required for a rezoning to C -1 General Commercial to be in compliance with the Land Use Plan, which currently shows 'Office." Staff feels that this property is more suitable for a 'Retail Regional' designation on the Land Use Plan because of new development and changing conditions in the area. This designation would also be consistent with the policy of locating commercial at major intersections. Rock Prairie Road is shown as a major arterial on the Thoroughfare Plan and Longmire drive is shown as a major collector. The Land Use Plan shows the surrounding properties as industrial and office. Item Background: The property was annexed in 1980 and rezoned from A -O Agricultural Open to C -2 Commercial Industrial that same year. The property was platted as a part of Ponderosa Place Section 2 in 1982 & 1989 and replatted into Lots G2 -A and G2 -B in 2002. Walgreens and Whataburger were developed on the lots in 2003 under the regulations of the Zoning Ordinance # 1638. Under the Zoning Ordinance #1638 retail and restaurants were permitted uses in C -2 zoning districts. In the Unified Development Ordinance retail and restaurant are no longer permitted uses in C -2. The adoption of the UDO made these R: I HTL TR I PZL TRI PROD I PZ20031 P0008389. DOC Created on 07/30/03 11:44 AM businesses legally non - conforming in their current location. With the non - confirming status that these uses now have, the use may remain until it is discontinued and changed to a conforming use, or until it is discontinued or abandoned for more than three months Commission Action Options: The Commission will need to make two separate recommendations to Council for these two agenda items. The Commission acts as a recommending body on the question of Comprehensive Plan amendments, which will be ultimately decided by City Council. The Commission options are: 1. Recommend approval; 2. Recommend denial; 3. Table indefinitely; or, 4. Defer action to a specified date. 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; 2. Recommend denial; 3. Table indefinitely; or, 4. Defer action to a specified date. Supporting Materials: 1. Location Map 2. Applications 3. Letter from applicant Lew Harpold 4. Permitted Uses for C -1 and C -2 5. Section 9.2 of the Unified Development Ordinance R: IHTLTRIPZLTRIPRODIPZ20031P0008389. DOC Created on 07/30/03 11 :44 AM NOTIFICATION: Legal Notice Publication(s): The Eagle; 8 - - and 9 - - Advertised Commission Hearing Dates(s): 9 - - Advertised Council Hearing Dates: 9 - - Number of Notices Mailed to Property Owners Within 200': 10 Response Received: None as of date of staff report R: IHTL TRIPZL TRIPRODIPZ20031P0008389. DOC Created on 07/30/03 11 :44 AM STAFF REPORT Project Manager: Jennifer Prochazka Date: August 26, 2003 Email: jprochazka @cstx.gov Item: Public hearing, discussion, and possible action on an AMENDMENT to the Comprehensive Plan — Land Use Plan from Office to Retail Regional and a REZONING from C -2 Commercial Industrial, to C -1 General Commercial, for Lots G -2A and G -2B, Ponderosa Place, consisting of 2.63 acres, and located at 1745 and 1751 Rock Prairie Road at the northwest corner of Rock Prairie Road and Longmire Drive. Applicants: Lew W. Harpold, Attorney for Sand Canyon Partnership, Owner of Tract G -2B (currently developed as Walgreens) David W. Richardson, Attorney for Whataburger, Inc., Owner of Tract G -2A Staff Recommendations: Staff recommends approval of the amendment to the Land Use Plan and the rezoning. Item Summary: The applicants are requesting a rezoning from C -2 Commercial Industrial to C -1 General Commercial in order to bring the current uses of the properties into compliance with the Unified Development Ordinance. C -1 General Commercial is the only feasible zoning for this location that allows both retail and restaurant (with a drive -thru) uses. A Land Use Plan amendment to 'Regional Retail' will be required for a rezoning to C -1 General Commercial to be in compliance with the Land Use Plan, which currently shows 'Office." Staff feels that this property is more suitable for a 'Retail Regional' designation on the Land Use Plan because of new development and changing conditions in the area. This designation would also be consistent with the policy of locating commercial at major intersections. Rock Prairie Road is shown as a major arterial on the Thoroughfare Plan and Longmire drive is shown as a major collector. The Land Use Plan shows the surrounding properties as industrial and office. Item Background: The property was annexed in 1980 and rezoned from A -O Agricultural Open to C -2 Commercial Industrial that same year. The property was platted as a part of Ponderosa Place Section 2 in 1982 & 1989 and replatted into Lots G2 -A and G2 -B in 2002. Walgreens and Whataburger were developed on the lots in 2003 under the regulations of the Zoning Ordinance # 1638. Under the Zoning Ordinance #1638 retail and restaurants were permitted uses in C -2 zoning districts. In the Unified Development Ordinance retail and restaurant are no longer permitted uses in C -2. The adoption of the UDO made these R: I HTL TR I PZL TR I PROD I PZ2003I P0008389. DOC Created on 07/30/03 11:44 AM businesses legally non - conforming in their current location. With the non - confirming status that these uses now have, the use may remain until it is discontinued and changed to a conforming use, or until it is discontinued or abandoned for more than three months Commission Action Options: The Commission will need to make two separate recommendations to Council for these two agenda items. The Commission acts as a recommending body on the question of Comprehensive Plan amendments, which will be ultimately decided by City Council. The Commission options are: 1. Recommend approval; 2. Recommend denial; 3. Table indefinitely; or, 4. Defer action to a specified date. 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; 2. Recommend denial; 3. Table indefinitely; or, 4. Defer action to a specified date. Supporting Materials: 1. Location Map 2. Applications 3. Letter from applicant Lew Harpold 4. Permitted Uses for C -1 and C -2 5. Section 9.2 of the Unified Development Ordinance R: I HTLTRIPZLTRIPRODIPZ20031P0008389. DOC Created on 07/30/03 11:44 AM NOTIFICATION: Legal Notice Publication(s): The Eagle; 8 -19 -03 and 9 -05 -03 Advertised Commission Hearing Dates(s): 9 -04 -03 Advertised Council Hearing Dates: 9 -23 -03 Number of Notices Mailed to Property Owners Within 200': 10 Response Received: None as of date of staff report R: I HTLTRIPZLTRI PRODIPZ2003IP0008389. DOC Created on 07/30/03 11:44 AM Existing C -2 Commercial - Industrial: Proposed C -1 General Commercial: PURPOSE: This district is designed to provide PURPOSE: This district is designed to provide a location for outlets offering goods and services to a locations for general commercial purposes, that is, limited segment of the general public. The uses retail sales and service uses that function to serve the included primarily serve other commercial and entire community and its visitors. industrial enterprises. USES: USES: • Extended Care Facility/Convalescent/Nursing • Extended Care Facility/Convalescent/Nursing Home Home • Educational Facility, Indoor Instruction • Educational Facility, Indoor Instruction • Educational Facility, Outdoor Instruction • Educational Facility, Outdoor Instruction • Educational Facility, Primary & secondary • Educational Facility, Primary & Secondary • Educational Facility, Tutoring • Educational Facility, Tutoring • Educational Facility, Vocational/Trade • Educational Facility, Vocational/Trade • Governmental Facilities • Governmental Facilities • Health Care, Hospitals • Health Care, Hospitals • Health Care, Medical Clinics • Health Care, Medical Clinics • Parks • Parks • Places of Worship • Places of Worship • Animal Care Facility, Indoor • Animal Care Facility, Indoor • Art Studio /Gallery • Animal Care Facility, Outdoor • *Car Wash • *Commercial Garden/Greenhouse /Landscape • *Commercial Garden/Greenhouse /Landscape Maintenance Maintenance • *Commercial Amusements • *Commercial Amusements • Conference /Convention Center • Conference /Convention Center • Country Club • Country Club • Dry Cleaners/Laundry • Day Care, Commercial • Fraternal Lodge • Drive - in/thru Window • Funeral Homes • Dry Cleaners & Laundry • Golf Course or Driving Range • Fraternal Lodge • Offices • *Fuel Sales • Parking as a Primary Use • Funeral Homes • Printing/Copy Shop • Golf Course or Driving Range • Radio/TV Station/Studios • Health Club /Sports Facility, Indoor • *Sexually Oriented Business • Health Club /Sports Facility, Outdoor • • Shooting Range, Indoor • Hotels • Storage, Self Service • (C)Night Club, Bar or Tavern • *Vehicular sales, Rental, Repair and Service • Offices • Wholesales/Services • Parking as a Primary Use • Bulk Storage Tanks/Cold Storage Plant • Personal Service Shop • Industrial, Light • Printing/Copy Shop • *Recycling Facility — Large • Radio/TV Station/Studios • Scientific Testing/Research Laboratory • Restaurants • Storage, Outdoor — Equipment or Materials • Retail Sales — Single Tenant over 50,000 SF • *Utility • Retail Sales and Service • Warehousing/Distribution • Shooting Range, Indoor • *Wireless Telecommunication Facilities — • Theater Intermediate • Storage, Self Service • (C)Wireless Telecommunication Facilities — • *Vehicular Sales, Rental, Repair and Service Major • *Utility • Wireless Telecommunication Facilities — • *Wireless Telecommunication Facilities — Unregulated Intermediate • (C)Wireless Telecommunication Facilities — Major • Wireless Telecommunication Facilities - 03 -198 Unregulated Article 9. Nonconformities Section 9.1. General Article 9. Nonconformities 9.1 General Except as specified in this Article, any use, building, structure, or sign existing at the time of enactment of this UDO or classification amendment applicable to its use, may be continued even though such use, building, structure, or sign may not conform with the provisions of this UDO for the district in which it is located; provided, however, that this Article shall not apply to any use, building, structure, or sign established in violation of this UDO or ordinance previously in effect in College Station. 9.2 Nonconforming Uses A. Continuance An existing use that is not in compliance with this UDO or subsequent amendments applicable to the use shall not be enlarged, extended, reconstructed, substituted or structurally altered unless the use is brought into compliance with this UDO, except as follows: 1. Expansion When authorized by the Zoning Board of Adjustment in accordance with the provisions of this Article, enlargement or completion of a building devoted to a nonconforming use may be made upon the lot occupied by such building, where such extension is necessary and incidental to the existing use of such building and does not exceed 25 percent of the original area of nonconformity. 2. Conditional Use A use existing on the effective date of this UDO, or subsequent amendment applicable to its use, which would only be permitted as a conditional use, shall be a lawful nonconforming use until altered pursuant to Section 3.13, Conditional Use Permit. In the event of issuance of a conditional use permit, such use becomes a permitted and lawful use. B. Termination The City Council shall have the authority to initiate, on its motion, action to bring about the discontinuance of a nonconforming use under any plan whereby full value of the structure can be amortized within a definite period of time, taking into consideration the general character of the area and the necessity for all property to conform to the regulations of this UDO. C. Abandonment Whenever a nonconforming use has been discontinued and changed to a conforming use, or whenever a nonconforming use has been discontinued or abandoned for more than three months, a presumption of intent to abandon said use shall have been established and the right to continue the former nonconforming use shall no longer exist. Subsequent operation as a nonconforming use shall be unlawful. 9-1 City of College Station, Texas Unified Development Ordinance (Draft) 04/09/03