HomeMy WebLinkAboutStaff ReportSTAFF REPORT
Project Manager: Jennifer Prochazka Date: August 12, 2004
Email: jprochazka @cstx.gov
Item: Public hearing, discussion, and possible action on a rezoning of 12.49
acres, generally located near the southeast intersection of Harvey Mitchell
Parkway and the future Dartmouth Street extension, from R -1 Single Family
Residential to P -MUD Planned Mixed Use Development with the OV Overlay
District.
Applicant: Kenny Cotten, agent for Mr.Clint Bertrand, property owner
Staff Recommendations: Staff recommends approval of the P -MUD zoning.
Item Summary: The applicant is requesting rezoning in order to develop the
property with a mix of uses, including a potential hotel, specialty retail shops, a
pavilion, pedestrian paths, and townhomes. P -MUD zoning requires that both
the residential component and non - residential component makes up at least 20
percent of the overall land uses within the development. Compliance with this
requirement will be determined at the time of Concept Plan approval.
Approximately 4.5 acres at the south end of the proposed rezoning area is within
the 100 -year floodplain. This floodplain is shown as a priority 6 Greenway in the
Greenways Master Plan. The Greenways Program supports approval of the P-
MUD, with the 100 -yr floodplain reserved as designated greenway on the
Concept Plan. This area should serve as an undeveloped suburban greenway,
for such functions as providing flood control, recreation, transportation, and
serving economic and aesthetic purposes, as stated in the Greenways Master
Plan.
A Concept Plan is required to be approved by the Design Review Board prior to
development of this property. The Parks & Recreation Board, the Greenways
Program Manager, and Development Services staff will review the Concept Plan
and make a recommendation to the Design Review Board.
Because of its proximity to the proposed City Center project, staff is
recommending that the property also be rezoned to apply the OV Overlay for
additional restrictions on color, signage, and setbacks. The purpose of the OV
Overlay district is to enhance the image of key entry points to the City by
maintaining a sense of openness and continuity. It should be pointed out that
with a recommendation for approval of applying the OV Overlay District, the
Commission has made a determination that the subject property is located along
a gateway or major corridor to the City.
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Comprehensive Plan Considerations: The Land Use Plan designates this
property as Planned Development and Flood plains /Streams. Planned
Development is shown on the plan where larger areas of land may develop with
a mix, or collection, of uses. The Planned Development category emphasizes
the need to consolidate properties and master plan the area to ensure
appropriate placement of different uses.
Harvey Mitchell Parkway is a major arterial and Dartmouth is designated as a
minor arterial on the Thoroughfare Plan.
The property to the northwest was recently rezoned for the development of the
Kenny Cotten's restaurant.
Item Background: Portions of the subject property were annexed in 1967, 1969,
and 1971, and were zoned R -1 as an interim designation that was assigned
upon annexation. The property has never been platted.
In 1992, the 2818 Extension Study was adopted in anticipation of the extension
of FM 2818 from Texas.Avenue to the East Bypass. This study recommended a
mixture of uses in the proposed rezoning area, primarily residential with office,
institutional, and a small amount of retail. The subject property was requested to
be rezoned to C -1 as a part of a larger rezoning in 1993. Because of public
opposition to the proposed location of a big -box retailer, and because of the
support for the 2818 Extension Study, the applicant eventually withdrew the
rezoning.
The Land Use Plan was updated to reflect "Mixed Use" in the subject area in
1997 with the adoption of the Comprehensive Plan. A request for rezoning to C-
1 of just under 35 acres (that included this property) in 2002 was recommended
for denial by the Commission because of opposition from area residents,
inappropriate siting of a big -box retailer, and non- compliance with the mixed -use
land use designation on the property. The applicant withdrew his application
prior to the City Council meeting to explore his alternatives.
In 2003 the Land Use Plan was updated with the Mixed Use Study to show this
area as Planned Development.
Commission Action Options: The
on the question of rezoning, which
The Commission options are:
1. Recommend approval;
2. Recommend denial;
3. Table indefinitely; or,
4. Defer action to a specified date.
Commission acts as a recommending body
will be ultimately decided by City Council.
Supporting Materials:
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1. Location Map
2. Application
3. Aerial
4. Infrastructure and Facilities
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INFRASTRUCTURE AND FACILITIES
Water: The site has access to an existing 24 -in water main across
Harvey Mitchell Pkwy. This line size should be sufficient to meet
domestic and fire flow capacity for development under the requested
zoning.
Sewer: There is an existing 18 -in sewer main along the southeast
property line. Depending on actual sewer flow line, building location and
site grading, the existing sewer should serve the site adequately.
Streets: The Thoroughfare Plan, a component of the Comprehensive
Plan, classifies Harvey Mitchell Parkway as a Minor Arterial. The
Thoroughfare Plan also shows Dartmouth to be extended across the
western corner of the subject property. The City Subdivision Regulations
require a property to be in compliance with the Comprehensive Plan as a
condition of platting. In this case, Dartmouth will need to be addressed
at the time of platting. Oversize Participation (OP) may be available.
Off -site Easements: At this time it does not appear the site requires off -
site easements.
Drainage: Drainage is generally southeast across the property toward
Bee Creek Tributary A.
Flood Plain: The southeast portion of the property is within FEMA
designated 100 -year floodplain.
Oversize request: OP may be requested for the construction of
Dartmouth.
Impact Fees: No impact fees established for this area.
NOTIFICATION:
Legal Notice Publication(s): The Eagle: 8 -3 -04 and 8 -24 -04
Advertised Commission Hearing Dates(s): 8 -19 -04
Advertised Council Hearing Dates: 9 -9 -04
Number of Notices Mailed to Property Owners Within 200': 11
Response Received: None as of date of staff report
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INFRASTRUCTURE AND FACILITIES
Water: The site has access to an existing 24 -in water main across
Harvey Mitchell Pkwy. This line size should be sufficient to meet
domestic and fire flow capacity for development under the requested
zoning.
Sewer: There is an existing 18 -in sewer main along the southeast
property line. Depending on actual sewer flow line, building location and
site grading, the existing sewer should serve the site adequately.
Streets: The Thoroughfare Plan, a component of the Comprehensive
flan, classifies Harvey Mitchell Parkway as a Minor Arterial. The
Thoroughfare Plan also shows Dartmouth to be extended across the
western corner of the subject property. The City Subdivision Regulations
require a property to be in compliance with the Comprehensive Plan as a
condition of platting. In this case, Dartmouth will need to be addressed
at the time of platting. Oversize Participation (OP) may be available.
Off -site Easements: At this time it does not appear the site requires off -
site easements.
Drainage: Drainage is generally southeast across the property toward
Bee Creek Tributary A.
Flood Plain: The southeast portion of the property is within FEMA
designated 100 -year floodplain.
Oversize request: OP may be requested for the construction of
Dartmouth.
Impact Fees: No impact fees established for this area.
NOTIFICATION:
Legal Notice Publication(s): The Eagle: 8 -3 -04 and 8 -24 -04
Advertised Commission Hearing Dates(s): 8 -19 -04
Advertised Council Hearing Dates: 9 -9 -04
Number of Notices Mailed to Property Owners Within 200'
Response Received: None as of date of staff report
11
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