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HomeMy WebLinkAboutStaff ReportMEMORANDUM July 14, 2004 TO: Planning and Zoning Commission FROM: Jennifer Prochazka Email: jprochazka @cstx.gov SUBJECT: City initiated rezoning to apply the OV Overlay district to the Kenny Cotten property (04 -164) Item: Public hearing, discussion, and possible action on an ordinance rezoning 6.99 acres south of Harvey Mitchell Parkway, at the future Dartmouth intersection, to apply the OV Overlay zone to the property. Recommendation: At the July 1, 2004 Planning & Zoning Commission meeting, the Commission recommended that the Council consider applying the OV Overlay zone to the property with the approval of the C -1 General Commercial. Staff has since initiated rezoning to apply the Overlay zone on this property. Summary: This property will go before the City Council on July 22, 2004 for final consideration for rezoning to C -1 General Commercial. 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. While commercial zoning on this property a valid concept from a planning perspective, staff has some aesthetic concerns which may be addressed by the addition of the OV Overlay zone. 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. Attachments: 1. Small Area Map 2. Aerial 3. 1 July 2004 Planning & Zoning Commission Regular Meeting minutes 4. OV Overlay Section 5.8.A of the Unified Development Ordinance Kenny Cotten's rezoning -OV (04 -164) Good Evening, Jennifer Prochazka, Staff Planner >7uv kiW SAM with CC on top: as you II ' the Commission recommended approval of AIWC -1 zoning request on this property and recommended that the City Council also consider the Overlay zo Since that meeting staff has initiated rezoning of this property to apply the Overlay zone. y recommending bjc approval of this rezoning you will be making the determination that this PYVXIMI� property is located along a gateway or major corridor C zone includes regulations that ma Staff believes that the Overlay g y more clearly address the aesthetics of this gateway to the City Center. The Overlay has restrictions on color, signage, and setbacks, but does not regulate any building materials, articulation, or the location of the building and parking in relation to the site. The slide on your screen shows the relationship between the proposed City Center and the subject property. LUP: this property is located at the future intersection of Harvey Mitchell Parkway and Dartmouth and the land use plan designates this property for planned development. Can I answer any questions? --------------- i ----------- i ----------------------- 1 �Y Kenny Cotten's rezoning -OV (04 -164) Good Evening, Jennifer Prochazka, Staff Planner SAM with CC on top: as you all will recall, the Commission recommended approval of the C -1 zoning request on this property and recommended that the City Council also consider the OV Overlay zone. Since that meeting staff has initiated rezoning of this property to apply the Overlay zone. It should be noted that by recommending approval of this rezoning you will be making the determination that this property is located along a gateway or major corridor to the City. Staff believes that the Overlay zone includes regulations that may more clearly address the aesthetics of this gateway to the City Center. The Overlay has restrictions on color, signage, and setbacks, but does not regulate any building materials, architectural articulation, or the location of the building and parking in relation to the site. The slide on your screen shows the relationship between the proposed City Center and the subject property. LUP: Again, this property is located at the future intersection of Harvey Mitchell Parkway and Dartmouth and the land use plan designates this property for planned development. Can I answer any questions? The UDO regulates the amount of smooth faced concrete block, tilt up concrete panels and pre- fabricated steel panels. There are also additional articulation requirements on commercial buildings over 20,000 square feet. But the proposed restaurant falls just under 20,000 sf. LUP: The Land Use Plan designates this property as Planned Development. This designation 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. This designation was added to the plan in 2003 with the adoption of the Mixed Use Study. This is the area through which the Dartmouth Street extension is proposed south of Harvey Mitchell Parkway. The creation of the intersection from these two major roadways makes commercial zoning on this property a valid concept from a planning perspective. This may be an ideal location for general commercial uses, as there is good access, good visibility, and appropriately sized roadways. But, as properties are zoned for general commercial development in this area, there may be pressure to also rezone the remaining tracts in the area to a general commercial classification. Do you have any questions. CHANGED CONDITIONS SINCE WAL -MART REZONING: THE CITY CENTER CONCEPT AND PLAN HAS BEEN DEVELOPED. CONCEPT PLAN INCLUDES THE 2818 PROPERTY. THE POSSIBILITY OF THE CITY PURCHASING THE PROPERTY WITH 2818 FRONTAGE IS BEING DISCUSSED AND CONSIDERED AT THIS POINT. CONDITIONING ZONINGS: GENERALLY YOU CANNOT PLACE ANY CONDITIONS ON A ZONING THAT MAY MODIFY THE DISTRICT REGULATIONS (IE: HEIGHT OR LANDSCAPING). IF THERE ARE CHANGED CONDITIONS BECAUSE OF THE ZONING THAT YOU ARE TRYING TO MITIGATE IT MAY BE OK. BUT THIS IS GENERALLY SAFETY RELATED AND NOT FOR AESTHETIC PURPOSES. A ZONING WITH CONDITIONS PLACED ON IT IS CHALLANGABLE AND MAY RESULT IN THE ZONING BEING VOID. BECAUSE THE VALIDITY OF THE ZONING WOULD BE QUESTIONABLE, THE CITY ATTORNEY'S OFFICE DOESN'T RECOMMEND THAT YOU CONDITION THE ZONING. IT BECOMES EXCEPTIONALLY QUESTIONABLE WHEN PROPERTIES IN THE SAME AREA MAY HAVE DIFFERENT RESTRICTIONS PLACED ON THEM...AD HOC AND NOT COMPREHENSIVE ... SETTING YOURSELF UP FOR THE ZONING TO BE CHALLENGED. Item Summary: The applicant is requesting rezoning in order to develop the property with a retail market and a 20,000 square foot drive -thru restaurant / banquet hall. However, the Commission should consider the full range of uses allowed in the C -1 district. The applicant has proposed C -1 because it is the only zoning district that allows a restaurant of the proposed size with a drive -thru. 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 tract) 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. 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 8 -in sewer main approximately 50 -ft west along Harvey Mitchell Pkwy. 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 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 from the center of the site to Harvey Mitchell the west to Bee Creek. Flood Plain: No FEMA floodplain on -site. 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; 6 -15 -04 and 7 -6 -04 Advertised Commission Hearing Dates(s): 7 -1 -04 Advertised Council Hearing Dates: 7 -22 -04 Number of Notices Mailed to Property Owners Within 200': 11 Response Received: I have received 2 phone calls in opposition to this rezoning because of increased traffic, noise, and lighting concerns, and about inappropriate uses adjacent to established residential uses. MEMORANDUM July 14, 2004 TO: Planning and Zoning Commission FROM: Jennifer Prochazka Email: jprochazka @cstx.gov SUBJECT: City initiated rezoning to apply the OV Overlay district to the Kenny Cotten property (04 -164) Item: Public hearing, discussion, and possible action on an ordinance rezoning 6.99 acres south of Harvey Mitchell Parkway, at the future Dartmouth intersection, to apply the OV Overlay zone to the property. Recommendation: At the July 1, 2004 Planning & Zoning Commission meeting, the Commission recommended that the Council consider applying the OV Overlay zone to the property with the approval of the C -1 General Commercial. Staff has since initiated rezoning to apply the Overlay zone on this property. Summary: This property will go before the City Council on July 22, 2004 for final consideration for rezoning to C -1 General Commercial. 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. While commercial zoning on this property a valid concept from a planning perspective, staff has some aesthetic concerns which may be addressed by the addition of the OV Overlay zone. 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. Attachments: 1. Small Area Map 2. Aerial 3. 1 July 2004 Planning & Zoning Commission Regular Meeting minutes 4. OV Overlay Section 5.8.A of the Unified Development Ordinance