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HomeMy WebLinkAboutStaff ReportSTAFF REPORT Project Manager Jennifer Prochazka Date: June 23, 2004 Email: jprochazka @cstx.gov Item: Public hearing, discussion, and possible action on an ordinance rezoning 6.99 acres south of Harvey Mitchell Parkway from R -1 Single Family Residential to C -1 General Commercial. (04 -143) Applicant: Kenneth Cotten representing the property owner Ba tp ist Church Loan Corporation, - __ _ __ Staff Recommendations: Staff recommends denial of the C- neral Commercial zoning. If the Commission wishes to approve the zoning, - staff recommends that you do so with the addition of the OV Overlay zone on the property. The Commission may also wish to table the zoning request and ask S staff- lo update the OV Overlay zone to include regulations that more clearly Y i wv address the of this g ateway to the City Center C Item Summary: The applicant is requesting rezoning in order to develop the c 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. The property is surrounded by R -1 developed as single family residential to the I west, vacant R -1 to the south, vacant R &D to the east, and Harvey Mitchell Parkway to the north. Across Harvey Mitchell Parkway is property proposed for ^ ' the City Center project. yy Because of its proximity to the proposed City Center project, staff is recommending the addition of the OV Overlay for additional restrictions on color, si na e and setbacks. The current OV zone does not regulate building 9 g materials, architectural articulation, or the location of the building and parking in relation to the site. Comprehensive Plan Considerations: The Land Use Plan designates this property as Planned Development. Planned Development is shown on the plan U� 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 is the area through which the Dartmouth Street extension south of Harvey Mitchell Parkway is proposed. The creation of the intersection from these two major roadways makes commercial zoning on this property a valid concept from --\ �/ v R: IHTLTRI PZLTRIPRODIPZ20041P0009713. DOC �,� / Created on 6/23/2004 8:34 AM STAFF REPORT Project Manager Jennifer Prochazka Date: June 23, 2004 Email: jprochazka @cstx.gov Item: Public hearing, discussion, and possible action on an ordinance rezoning 6.99 acres south of Harvey Mitchell Parkway from R -1 Single Family Residential to C -1 General Commercial. (04 -143) Applicant: Kenneth Cotten representing the property owner, Baptist Loan Corporation. Church f 1;7�1+ t% Sta commendations: Staff recommends approval %J the C -1 r'- ral ommercial zoning, with the addition of the OV Overlay zone on the propert The Commission may also wish to table the zoning request and ask staff to p include regulations that more clearly add update the OV Overlay zone to address th a thetics of this gateway to the City Center. Item Summa lica req uestin order to develop the C") \ property with a retail market and a 20,000 square foot drive -thru restaurant / I banquet hall. However, the Commission should consider the full range of uses Q allowed in the C -1 district. The applicant has proposed C -1 because it is the only V CI zoning district that allows a restaurant of the proposed size with a drive -thru. The property is surrounded by R -1 developed as single family residential to the west, vacant R -1 to the south, vacant R &D to the east, and Harvey Mitchell Parkway to the north. Across Harvey Mitchell Parkway is property proposed for the City Center project. Because of its proximity to the proposed City Center project, staff is recommending the addition of the OV Overlay for additional restrictions on color, signage, and setbacks. The current OV zone does not regulate building materials, architectural articulation, or the location of the building and parking in relation to the site. Comprehensive Plan Considerations: The Land Use Plan designates this property as Planned Development. 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. This is the area through which the Dartmouth Street extension south of Harvey Mitchell Parkway is proposed. 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 R: IF iTLTRIPZLTRIPRODIPZ20041P0009713. DOC Created on 6/23/2004 8:34 AM Recommendations This section makes recommendations for specific areas of College Station. Included are areas that are currently labeled Mixed -Use on the Land Use Plan. General Recommendations The City's Land Use Plan is used to determine the preferred land uses for properties in the City. Since the current plan was adopted in 1997, land designated for mixed -use on the Land Use Plan has not developed as such. Experience shows us that mixed -use development is not common or always feasible in our market, and it's unlikely that attempts to force mixed -use development through the Land Use Plan designations would be successful in the near future. In addition, there do not appear to be any areas in the City (with the exception of Northgate) where mixed -use is considered the only desirable development pattern. Therefore, mixed -use is not an appropriate category for the Land Use Plan at this time. This does not mean that mixed -use development is not desirable or that it should not be allowed or encouraged. This report identified three types of mixed -use development that are appropriate for College Station (Historic, Single -use Conversions, & Master Planned Developments). None of these three types require a mixed -use designation on the Land Use Plan to be implemented. Therefore, it is recommended that the City have a policy that allows for and encourages mixed -use development, but should not force it to occur in any specific location through the Land Use Plan. This means removing the mixed -use designation from the Land Use Plan, and replacing it with other designations that better represent the desired uses and development patterns. The UDO does provide zoning options for Single - Use Conversions and Master Planned Developments. In summary, this approach provides for mixed -use development should a developer or the market desire it without forcing it to occur where the market does not support it or where it may not be the only desirable land use pattern. It is also recommended that a new land use category called Planned Development be added to the land use plan. This is to be used where larger areas of land may develop with a mix, or collection, of uses, but not necessarily a mixed -use pattern. The Planned Development category emphasizes the need to master plan the area to ensure appropriate placement DRAFT 03/05/03 15 of different uses. The PDD zoning districts may be the best approach to zoning for development in these areas. The approach provides maximum flexibility for the market and developer while ensuring a compatible pattern of uses. The following pages contain more detailed descriptions of the recommendations and maps that show the proposed amendments to the Land Use Plan. u;es at�a� I � 4�A W, VY�� DRAFT 03/05/03 16 The 30/60 Area The 30/60 Area Plan was adopted in 2001 and makes plans for development occurring in the area including Veterans Park and the Hotel Conference Center. Mixed -use was shown in this area to accommodate the variety of uses that might develop around the conference center use. The plan specifically outlines which uses are preferred. Mixed -use development, as defined in this report, is not specifically the type of development described. In addition, there appears to be no intention to require mixed -use development in this area. Instead, the intention is to seek a Master Planned Development that may contain a collection of different uses. Therefore, this report recommends that the Land Use Plan be changed from Mixed -use to Planned Development in the 30160 area. Proposed Land Use Plan Legend TAMU - CIVIC CENTER - FLOOD PLAI N/STR EAMS ® IN DU S TRIAL R &D RETAILNEIGHBORHOOC ® OFFICE PARK - PLANNED DEVELOPMEK � INSTITUTIONAL - REDEVELOPMENT - RETAILREGIONAL - RESIDENTIAL ATTACHE( S.F. RESIDENTIAL MEDII S.F. RESIDENTIAL HIGH S.F. RESIDENTIAL LOW RURAL ;. WELLBORN CORRIDOR f II�IIII� WPC OVERLAY DISTRIC' DRAFT 03/05/03 17 East Bypass Corridor Several tracts along the East Bypass were shown as Mixed -use when the Comprehensive Plan was adopted in 1997. This was reviewed and refined during development of the East Bypass Small Area Plan in 2000. At that time, PDD's were being used to mitigate the impacts of infill development and the East Bypass Plan called for the use of PDD's everywhere that Mixed -use was shown on the Plan. As a result, the Mixed -use designation actually meant Planned Development and not necessarily a mixed -use development pattern. Since that Plan was adopted, the City has changed its policy and ordinance regarding the use of PDD's, making this approach obsolete. A review of current zoning in the area shows that most of these tracts are already zoned for development and it is not likely that the City will be able to change that. It is recommended that these tracts be shown for land uses in line with their current zoning. For those properties that are labeled mixed -use and have not been zoned for development, the Land Use Plan should be changed to reflect uses that comply as much as possible with the East Bypass Plan. The maps on the following page show the current and proposed Land Use Plans for this area and proposed changes for properties labeled mixed -use (shown as a hatched pattern on the current Land Use Plan). DRAFT 03/05/03 18 Current Land Use Plan Proposed Land Use Plan Legend TAM U - CIVIC CENTER - FLOOD PLAI N/STR EAMS ® INDUSTRIAL R&D "_. RETAIL NEIGHBORHOOD OFFICE PARK - PLANNED DEVELOPMENT INSTITUTIONAL - REDEVELOPMENT _ RETAILREGIONAL - RESIDENTIAL ATTACHED S.F. RESIDENTIAL MEDIUM S.F. RESIDENTIAL HIGH S.F. RESIDENTIAL LOW RURAL ? WELLBORN CORRIDOR STUDY (�IIII�I WPC OVERLAY DISTRICT DRAFT 03/05/03 19 Harvey Mitchell Parkway between Texas Ave. and Highway 6 A review of current zoning in the area shows that some of these tracts are already zoned for commercial development and it's not likely that the City will be able to change that. Several tracts in this area are also already developed. However, there is considerable land still undeveloped. The emphasis in this area is to encourage a variety of compatible developments and uses. Therefore, this report recommends that the Land Use Plan be changed from Mixed -use to Planned Development for the large area of vacant tracts and that developed tracts be shown for land uses in line with their current zoning. Current Land Use Plan: DRAFT 03/05/03 20 Proposed Land Use Plan: Legend TAM U - CIVIC CENTER - FLOOD PLAI N/STR EAMS ® INDUSTRIALR &D RETAIL NEIGHBORHOOD OFFICE PARK - PLANNED DEVELOPMENT INSTITUTIONAL - REDEVELOPMENT - RETAILREGIONAL - RESIDENTIAL ATTACHED S.F. RESIDENTIAL MEDIUM S.F. RESIDENTIAL HIGH S.F. RESIDENTIAL LOW RURAL WELLBORN CORRIDOR STUDY (II'III) WPCOVERLAYDISTRICT DRAFT 03/05/03 21 University Drive Gateway This area on the north side of University Drive was originally designated as mixed -use when the Comprehensive Plan was adopted in 1997. It included a combination of properties zoned for commercial and multi- family uses. This combined with its general location made it a good location for some mixed - used development. However the area has mostly developed with single -use developments. It is recommended that the Land Use Plan be changed to represent the area as a combination of commercial and multi family as this is how the area is currently developing. Proposed Land Use Plan: DRAFT 03/05/03 22 Intersection of Wellborn Road and Harvey Mitchell Parkway The four corners of this intersection were shown for mixed -use development when the Comprehensive Plan was adopted in 1997. Two of the corners have C -1 zoning and will likely develop with commercial uses. The southwestern corner was changed with adoption of the Wellborn / I &GN Triangle Plan. This report recommends that the mixed -use areas (shown as hatched pattern) be changed as shown on the following maps: DRAFT 03/05/03 23 Current Land Use Plan: Proposed Land Use Plan: Legend TAMU - CIVIC CENTER - FLOOD PLAI N/STR EAMS ® INDUSTRIAL R&D RETAIL NEIGHBORHOOD OFFICE PARK - PLANNED DEVELOPMENT o'a INSTITUTIONAL - REDEVELOPMENT - RETAILREGIONAL - RESIDENTIAL ATTACHED S.F. RESIDENTIAL MEDIUM S.F. RESIDENTIAL HIGH S.F. RESIDENTIAL LOW RURAL \~ WELLBORN CORRIDOR STUDY I'I�IIII WPC OVERLAY DISTRICT DRAFT 03/05/03 24 STAFF REPORT Project Manager: Jennifer Prochazka Date: June 23, 2004 Email: jprochazka @cstx.gov Item: Public hearing, discussion, and possible action on an ordinance rezoning 6.99 acres south of Harvey Mitchell Parkway from R -1 Single Family Residential to C -1 General Commercial. (04 -143) Applicant: Kenneth Cotten representing the property owner, Baptist Church Loan Corporation. Staff Recommendations: Staff recommends that the Commission table the C- 1 General Commercial request to allow staff to update the OV Overlay zone to include regulations that more clearly address the aesthetics of this gateway to the City Center. If the Commission wishes to approve the C -1 zoning, staff recommends that you do so with the addition of the existing OV Overlay zone on the property. 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. The property is surrounded by R -1 developed as single family residential to the west, vacant R -1 to the south, vacant R &D to the east, and Harvey Mitchell Parkway to the north. Across Harvey Mitchell Parkway is property proposed for the City Center project. Because of its proximity to the proposed City Center project, staff is recommending the addition of the OV Overlay for additional restrictions on color, signage, and setbacks. The current OV zone does not regulate building materials, architectural articulation, or the location of the building and parking in relation to the site. Comprehensive Plan Considerations: The Land Use Plan designates this property as Planned Development. 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. This is the area through which the Dartmouth Street extension south of Harvey Mitchell Parkway is proposed. The creation of the intersection from these two major roadways makes commercial zoning on this property a valid concept from R: IHTLTRIPZLTRIPRODIPZ20041 P0009713. DOC Created on 612312004 8:34 AM Kenny Cotten's rezoning (04 -143) Good Evening, Jennifer Prochazka, Staff Planner SAM:The applicant is requesting rezoning of just under 7 acres for the development of a restaurant along the south side of Harvey Mitchell Parkway, where the Dartmouth extension will go through. This property is directly across from a main gateway into the City Center property. Staff is recommending that the Commission table the C -1 request to allow us to update the Overlay zone to include regulations that more clearly address the aesthetics of this gateway to the City Center. If the Commission wishes to approve the C -1 zoning, staff recommends that you do so with the addition of the existing Overlay zone on the property. The existing Overlay zone 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. r The UDO regulates the amount of smooth faced con rete 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, 0:0eve SerlJennifer ProchazkalP &ZV<enny Cotton rez.DOC Created on 613012004 3:36 PM 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 O:IDeve_SeAJennifer ProchazkaV' &ZV<enny Cotton rez. DOC Created on 613012004 3:36 PM 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. O:1Deve SerVennifer ProchazkalP &ZV<enny Cotton rez. DOC Created on 613012004 3:36 PM 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 additional 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. 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. In 2003 the Land Use Plan was updated with the Mixed Use Study to show this area as Planned Development. Commission Action Options: 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 of rezoning; 2. Recommend a less intense zoning classification; 3. Recommend denial; 4. Table indefinitely; or, 5. Defer action to a specified date. Supporting Materials: 1. Location Map 2. Application 3. Infrastructure and Facilities R: IHTLTRIPZLTRIPRODIPZ20041P0009713. DOC Created on 6/23/2004 8:34 AM 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. R: WTLTRVPZLTRVPRODVPZ20041 )0009713. DOC Created on 6/23/2004 8:34 AM