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HomeMy WebLinkAboutStaff ReportSTAFF REPORT Project Manager: Jennifer Prochazka, Staff Planner Date: November 8, 2004 Email: jprochazka@cstx.gov Item: Public hearing, discussion, and possible action on a Rezoning for Lot 2, Block A and Lots 1 and 2, Block B of the Haney-Highway 6 Subdivision consisting of 5.69 acres generally located near the Northeast corner of Texas Avenue at Deacon to amend the current PDD Planned Development District to include Vehicle Rental as a permitted use. Applicant: S.F. Sanders, property owner Staff Recommendations: Staff recommends approval of the rezoning to add Vehicle Rentals as an accessory use on the property. Item Summary: In 1988 this property was rezoned from A-P to C-3 after an agreement was reached between the residents of Mile Drive and the owners of the subject property. The agreement included a greenbelt reserve and an adjacent access easement to serve as a 70-foot setback from the residential property for future structures on this site, and C-3, a less intense commercial district. Mini-storage was no longer a permitted in C-3 with the adoption of the Unified Development Ordinance. A PDD zoning was requested on this property to allow the construction of the mini-storage development that is now in its second phase. Staff recommended approval of the original PDD because the purpose was to restore an agreement between the owners of the subject property and the adjacent Mile Drive neighborhood. The resulting PDD has a combination of uses from the original agreement and uses in the current C-3 zoning district in the UDO. The property owners now see a need to provide truck rental on their property. This use was permitted in the original agreement between the land owners and the Mile Drive residents. Staff feels that it should be permitted on a limited basis and is therefore recommending that it be permitted as accessory to the principle use on the property. Comprehensive Plan Considerations: The Land Use Plan designates this property as Retail Neighborhood. Texas Avenue is a major arterial and the East Bypass is designated as a Freeway on the Thoroughfare Plan. Item Background: Commercial zoning on this property has been contentious in the past. Prior to the recent PDD rezoning, staff, Mile Drive residents, and the property owners met and agreed on uses to be included in the PDD. 1976 - C-1 request denied 1978 - C-1 request denied 1979 - C-1 and A-P request approved with the A-P as a buffer between the commercial property and the neighborhood 1982 - Planning and Zoning Commission initiated a rezoning to A-P for the whole tract after a petition by the Mile Drive residents requested that no commercial development be allowed on the Haney tract 1984 - C-1 request denied 1985 - C-1 request denied 1985 - C-3 request denied 1988 - C-3 was approved with the support of the neighborhood and the addition of a greenbelt between the commercial property and the neighborhood. 1988 - The property was replatted to reflect the greenbelt that was a condition of the C-3 rezoning. 2004 - PDD approved on property to restore original agreement with the adjacent neighborhood The Commission acts as a recommending body on the questions of rezoning. The Commission may recommend that the Council: 1. Recommend approval as submitted; 2. Recommend denial; 3. Table indefinitely; or, 4. Defer action to a specified date. Supporting Materials: 1. Location Map 2. Application 3. Infrastructure and Facilities 4. Uses approved with current PDD INFRASTRUCTURE AND FACILITIES Water: An existing 8-in water line traverses the property from southwest to northeast. Sewer: An existing 8-in sewer line traverses the property from Mile Drive to the convenience store lot. Streets: Texas Avenue is classified as a major arterial and Earl Rudder Freeway is classified as a freeway on the Thoroughfare Plan. Off-site Easements: None needed at this time Drainage: The west portion of the subject property drains to Texas Avenue. The east portion of the property drains to a creek that crosses Mile Drive, into the Pleasant Forest Common Area and then to Bee Creek. Flood Plain: No on-site floodplain Oversize request: None Impact Fees: None NOTIFICATION: Legal Notice Publication(s): The Eagle: 11-2-04 and 11-19-04 Advertised Commission Hearing Dates(s): 11-18-04 Advertised Council Hearing Dates: 12-9-04 Number of Notices Mailed to Property Owners Within 200': 22 Response Received: None at time of staff report. Approved Uses in Current PDD Overall maximum height of 2 stories and the following uses: • Animal Care Facilities, Indoor • Art Studio / Gallery • Educational Facility, Indoor • Health Care / Medical Clinics • Mini-Storage Warehouse (with an accessory living unit) • Offices • Personal Service Shop • Printing / Copy Shop • Radio / TV Station / Studios (no towers) • Retail Sales and Service. EXISTING PDD ZONING: Overall maximum height of 2 stories and the following uses: Animal Care Facilities, Indoor Art Studio / Gallery Educational Facility, Indoor Health Care / Medical Clinics Mini-Storage Warehouse (with accessory living unit) Offices Personal Service Shop Printing / Copy Shop Radio / TV Station / Studios (no towers) Retail Sales and Service