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Staff Report STAFF REPORT Case No.: 85-114 Applicant: Nancy L. Crouch Request: Rezone from A-PandR-5 toC-I. Location: Lot 5, Block 1, Cooner (109 -Cooner, currently zoned A-P). Lot 7, Block I. Cooner {1;13 Cooner,currently zoned R-5). Physical Features: EACH LOT Area: 6500 sq. ft. Dimensions: ,65'X 100' Frontage.: 65..' Depth: 100 ' Area Zoning: North.: East: South: West: R-5, R--5 C--1 0-1 NOTE: There is anA-P zoned lot locatedbetweenth;e two subject lots{lll~ooner) Ex i st in g.' '..L and Us e : Subject l. Qtsare commercia 1 ,(109. Co Oller) andres ide n ti a 1 (lI3 Cooner)~ ..Va(:antresiciellcebetween subjectlot.s. City ofBrY'anel~(;}.tricalsubstation to the Ilorth of both , lots andtothew.est of lot '1. 'C.ommerci~alarea and vacant residencetothe<westoflot5.-Comme.rcialarea to the south "(drive-thf'ough bank faciliti~s). Land Use ,'PI an: Arearefl.ected as commercial on the land use plan. Engineering: Wat e.r:Adequate Sewer: Adequate 'Streets: Cooner is aresidentialstr.eetand may not have adeq uatec ap ae ityforC.....ltraf.ftc. Flood Plain: nla Access: To Cooner Drainage: Toward the north Notification: Legal Notice Publi.cation{s}: 7-3-85 & 7-24-85 Advert ised "Commission .Hearing Date.(s,).: 7-18-85 Advert 1sedCiouncil Hearing Dates: 8-8-85 Number of Notices Mai led to Property Owne.rs Within 200': 9 Response Reeeived: None to date 1 Staff Comments: The requested zOJ1ing is in compliance with the land use plan. Residential uses on lot 5 are impacted by the City of Bryan electrical substation and commercial uses across.Cooner. The only staffconeernwithregardto this. request is the size of the lots. These lots are smaller than recommended by thede.vel opmentpol i c iesfo r \C-lzoning. Reeent:,requestsfor commercial zoning on small lots. have been. appr()vedcontingent uponreplatting.the lots as part ofa largercomntercialarea. staff recommends the following: 1. Approvalofthereques.twith the app.roval contingent upon arepl,at\-lhich wouldallow,these lotstodevelopasp,art of a larger commercial area; or, 2. Approval> of C-3PlannedCommercial Zoning. 'l'hisdistrict isa.ppropriatefor 10tsort,ractswhich are suita.blefor commercial zoning but too small for theC-l zoning district. P&Z ACTION: On.. 7-18-85 ...P&Z..voted .unanimously{S-O}........toapprovethis requ.est..toregone' Lots5.&7to .....C-l.,GeneralC omm.erci a1 contingent uponrec.eiptof areplat of.theiar.eawhich wo'uldallow this area to be developed as asiIlgle,larger area. P&ZMINUTES: AGENDA ITEM NO. 3:85-114: . Apub<lichearing~nthe<questionof rezon'ing. 'Lots. ...5.. .&.....7 ..Block' .1. ....Coon.er.........subd.ivision..J(.109.........&.......113.....,C..ooner) from......A~P Admi nistrat ive-Profess ionaland. .R-5Medium.........Densit y Residential toO.--l General Commercial. Applicant is Nancy -Crouch. Mr. Callaway located the subject lots , identified area zonin.gandlandu$es, pointed out . this '. . request is in 'compl iance '.wlththe'.adopted iLandUsePlan, . adding that. staff. recommends approval of . this . '.requ~stcontingentupon ....a..replat 'ofthese lots with the larger commercial area to the west which would allow these lots to develop as apart.ofalargercommercial area, or approval of 'C-3Planned Commercial. zoning for'these tracts. Mr. Dresseraskedif>the lot in between these lots is under different ownership and Mr... Callaway . replied. that it '.is,. but it should be included in the recommended replat of. the area. Mr. Paulson asked how many.'. owners ..would.be> involved in the replattedarea andMr.Callawayrepl iedthatthereare4separate .owne.rs. Mr. Wendler.asked.if the R-5 lotto the east:is.apart of thisrequest,andMr. Callaway replied that it is not, but ifthisrequestisapproved,probablya zon-e change request would come upon that lot later,. adding that. staf.fwouldnot reconunend retention of R-5 zoning on thiE; lot. Mr. Brochu pointed out the engineering report regarding this request indieates'Cooner.Street may not have adequate capacity forC-ltraffic and Mr:. Mayo replied that there is a distinct 2 possibility that Cooner Street may have to be improved to a70 footR.O.W. from Texas Avenue to Jane Street, which would make it a commercial street. Mr. Wendler asked if there would be a light at Texas and Cooner and Mr. Mayo stated a light there ,would have to be justified to the Highway Department, ,and usually lights are installed on highways after problems arise. Mr. Dresser asked what the Comprehensive Plan shows for Cooner Street, and Mr. Callaway replied it is shown as a commercial street to Jane Street only. The public hearing was opened. Nancy Crouch, applicant and owner of the lots came forward and stated ,that although 'she'hasnotbeen 'approached with any definite offers or plans, she has been approached with a speculative plan of developIng her lots with the other commercial lots in the area to forma smaIl commercial development. She said<this rezoning would alsohelp'clean,upsomeof'the ttspot zoningttwhichhastaken p.lace in that area . Mr. Paulson asked her if she had any objections to the contingency recommepdedby.staff regardingt~ereJ?latting.ofthis land, and .she replied. that. she does .not. After furtherconvers~ti<m regarding the possible length of time the. lots woul.dbe put to use by the current i owners , the ownership of the lot ,in between these lots, and the possibility of increased property values, no one else spoke and the publl.chearing.wasclosed. Mr. ,MacGilvraystatedhe is bothered by the contingency ac.tion which involves people who are not represented and Mr. Mayo replied that is not out of line, and cited an example ofatractof land between Millers Lane and Morgans Lane on which the same thing was done and the outcome has been quite favorable. Mr.Wendler.,madeamotion to approve this request "to rezone lots '5 & 7 ,to ,:C-l General Gommercialcontingentupon reeeiptofareplatof the area which would allow this area to be developed as a single, larger area. Mr. 'Dif',esserseconded the mot ion which carried unanimously (5--0). 3