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Staff 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. R: WTLTRIPZLTRIPRODIPZ20041P0009830. DOC Created on 712712004 7 :38 AM 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: R: IHTLTRIPZLTRIPRODIPZ20041 P0009830. DOC Created on 712712004 7:38 AM 1. Location Map 2. Application 3. Aerial 4. Infrastructure and Facilities R: IHTLTRWZLTRIPRODXPZ20041P0009830. DOC Created on 712712004 7:38 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 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 R: IHTLTRIPZLTRIPROD IPZ20041P0009830. DOC Created on 712712004 7:38 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 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 R: IHTLTRIPZLTRIPRODIPZ20041P0009830. DOC Created on 712712004 7:38 AM