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Staff Report (111 :*if ill1111111111 CITY OF COLLEGE STATION MEMORANDUM March 7, 2005 TO: Planning & Zoning Commission FROM: Joey Dunn, Director of Planning & Development Services SUBJECT: Callaway Phase II Rezoning As the Zoning Administrator for the City of College Station, I am initiating a rezoning request for a portion of Luther Street Right -of -Way from C -1 General Commercial to R -6 High Density Multi- Family. This request is in conjunction with the rezoning request for the Callaway property located on the east side of Marion Pugh Drive. This area is planned for the development of an apartment project. This portion of the Luther Street Right -of -Way is required to be abandoned prior to moving forward with the platting and site planning of this property. The rezoning of the Luther Street Right -of -Way is not an approval of the Right -of- Way abandonment. Home of Texas A &M University Callaway Development Corporation Proposed Rezoning Tract City of College Station, Texas J. E. Scott Survey, Abstract No. 50 February 4, 2004 FIELD NOTES 13.768 ACRES All that certain lot, tract or parcel of land being 13.768 acres situated in the J. E. SCOTT SURVEY, Abstract No. 50, Brazos County, Texas, and being a part of that certain Called 15.1481 acre tract as described in deeds to Callaway Development Corporation of record in Volume 3750, Page 237, Volume 3987, Page 36, Volume 3987, Page 64, and Volume 4036, Page 57, OfficialDeed Records of Brazos County, Texas (O./D.R.B.C.T.): said 13.768 acre tract being more particularly described by metes and bounds as follows: BEGINNING at an "X" in Concrete Found for the southwest corner at the southwest comer of said 15.1481 acre tract, same being the intersection of the northeast right -of -way line of Marion Pugh Drive with the northwest right -of -way line of Luther Street; THENCE, along said northeast right -of -way line of Marion Pugh Drive, the following courses: 1.) N 18 °42'37" W, a distance of 994.95 feet to a 5/8" Iron Rod Found for angle point; and, 2.) N 18 °35'42" W, a distance of 770.57 feet to a 1/2" Iron Rod Found for the northwest comer at the southwest corner of Callaway House Parking Subdivision according to the plat of record in Volume 5038, Page 284 (O. /D.R.B.C.T.); THENCE, N 63 °46'43" E, along the southeast line of said Callaway House Parking Subdivision, a distance of 245.28 feet to a 1/2" Iron Rod found for the northeast corner at the southeast comer of said Callaway House Parking Subdivision, same being a point in the westerly right -of -way line of the Union Pacific Railroad right -of -way; THENCE, along said westerly right - of-way line of the Union Pacific Railroad right -of -way, the following courses: 1.) S 26 °13'17" E, a distance of 274.12 feet to a 1/2" Iron Rod Found for an interior ell corner; 2_} N 63 °46'43" E. a distance of 10.00 feet to a 1/2" Iron Rod Found for an exterior ell comer; 3.) S 26 °13'17" E, a distance of 375.40 feet to a 1/2" Iron Rod Found for an exterior ell corner; 4.) S 63 °46'43" W, a distance of 10.00 feet to a 1/2" Iron Rod Found for an interior ell comer; and, 5.) S 26 °13'17" E, a distance of 944.21 feet to a 5/8" Iron Rod Found for the southeast comer at the southeast corner of the aforesaid 15.1481 acre tract, same being a point in the aforesaid northwest right- of-way line of Luther Street; THENCE, S 45 °38'34" W, along said northwest right- of-way line of Luther Street, a distance of 502.56 feet to the POINT OF BEGINNING AND CONTAINING AN AREA OF 13.768 ACRES OF LAND, MORE OR LESS, according to a survey performed on the ground on September 23, 2003, under the supervision of H. Curtis Strong, Texas Registered Professional Land Surveyor No. 4961. o ,, �1 ' .,T ' ' ' u � 4 ' r = : U STAFF REPORT Project Manager: Jennifer Prochazka, Planner Report Date: June 17, 2005 Email: jprochazka @cstx.gov Meeting Date: June 22, 2005 Item: Public hearing, presentation, discussion, and possible action on a rezoning for Callaway Subdivision Phase II, consisting of approximately 14 acres, located on the east side of Marion Pugh Drive, approximately 500' south of the intersection of George Bush Drive, including a portion of the Luther Street Right -of -Way, from C -1 General Commercial to R -6 High Density Multi - Family. Applicant: Rabon Metcalf Engineering, agent for Callaway Development Corporation, and the City of College Station, owner of the Luther Street Right -of- Way. Staff Recommendations: Staff recommends approval of the rezoning with the condition that the Developer, extend Marion Pugh Drive from Luther Street to Holleman Street at the time the property is developed. Item Summary: The purpose of this request is to develop the property as a multi - family housing complex. This item came before the Commission in March 2004 and received a unanimous recommendation for approval by the Commission. At that time, the property owner was not ready to move forward to the City Council for final approval of the R -6 zoning. The Planning & Zoning commission again heard this case on April 7, 2005 and again recommended approval unanimously. The City Council denied the rezoning request on April 14, 2005 because of traffic and accessibility concerns. On May 5, 2005 the Planning & Zoning Commission waived the required 180 day waiting period required by the Unified Development Ordinance for re- application of rezonings because of available new information. The new information submitted by the applicant is a letter for a proposed development participation agreement with the City for the construction of the portion of Marion Pugh Drive between approximately Luther Street and Holleman Drive. The applicant has also submitted a Traffic Impact Analysis to assess the traffic issues associated with the development of the subject tract. This analysis assumes the extension of Marion Pugh Drive to Holleman Drive is constructed, as the developer has indicated in his letter. Even though existing traffic volumes in this area are high, the primary finding of the TIA is that the traffic that this development generates will be accommodated by the transportation system with the Marion Pugh Drive extension. This is primarily due to the significant number of trips that will take place using modes other than the automobile, since the project is in close proximity to TAMU. In addition, it is expected that the traffic peak for the proposed apartment complex will be different than the overall transportation network's morning and afternoon peaks that are associated with commutes to work. In the long term (2010 and beyond), traffic conditions should significantly improve with the construction of the Wellborn Road / George Bush Drive grade separation and the eventual extension of Jones - Butler Drive to George Bush Drive. The staff Traffic Engineer has reviewed the subject TIA and is in general agreement with the assumptions and conclusions of the report. The Executive Summary of the TIA is included as an attachment to this staff report for your information. The property to the west, across Marion Pugh Drive, is zoned R -6 and is developed as apartments. The property to the south, across the Luther right -of- way, is zoned R -4 and M -1 and is not developed. The property to the east, across the railroad right -of -way and Wellborn Road, is zoned R -1 and A -P and developed as single - family homes and offices. The northern property is developed as a parking lot for the Callaway House Dormitory and is zoned C -1. The rezoning of the Luther Street Right -of -Way is not an approval of the right -of- way abandonment. The right -of -way abandonment will be submitted to the City Council for consideration through an abandonment ordinance. Comprehensive Plan Considerations: The Land Use Plan designates this property as Residential Attached, therefore the rezoning request is in compliance with the Land Use Plan. The location of the rezoning request is also supported by the City's development policies which attempt to locate multi - family in close proximity to Texas A &M University. Marion Pugh Drive is designated as a major collector on the Thoroughfare Plan, Wellborn Road is designated as a major arterial, and Luther is a residential street in this area. Item Background: The property was annexed in to the City and zoned Industrial in 1958. When the zoning was changed to M -2, the district also included C -1 uses. In 1984 an amendment was made to the Zoning Ordinance that prohibited C -1 uses in M -2 zones, however, this particular property was specifically exempted from the exclusion of C -1 uses in an M -2 zone, and allowed the General Commercial uses. With the adoption of the Unified Development Ordinance, City Staff worked with the property owners by giving them the choice of retaining the M -2 classification without the commercial uses or being rezoned to C -1 to include the commercial uses. The property is zoned C -1. Luther Street was closed in this area in the 1990s. Information on Multi- family Housing in College Station: The Comprehensive Plan proposes 1,043 acres of Residential Attached in specific locations. There are currently 1,357 acres zoned multi - family, R -4 or R -6. 950 total acres developed as multi - family 841 acres developed as apartments & condominiums and 109 acres developed as group housing (off campus dorms) 203 acres zoned multi - family, but undeveloped. However, these are not necessarily in areas where we desire multi - family growth. Approximately 204 acres zoned multi - family, but developed as other uses. Approximately 26 acres (in various locations) currently zoned for multi- family, but undeveloped, within one mile of Texas A &M University campus. Current occupancy rates for multi - family units (2004): 90.6% B /CS area A certain level of vacancy is generally needed for ease of movement, housing choice, and affordability. 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's options are: 1. Recommend approval; 2. Recommend denial; 3. Table indefinitely; or, 4. Defer action to a specified date. Supporting Materials: 1. Location Map 2. Aerial 3. Application & Staff Memo 4. Infrastructure and Facilities 5. Letter in opposition to request 6. Letter from applicant's representative for proposed Development Agreement 7. Traffic Impact Analysis Executive Summary INFRASTRUCTURE AND FACILITIES Water Service: Service can be taken from the 18" main along Marin Pugh. Sewer Service: Service can be taken from the main along the railroad ROW. Streets /Access: The property fronts on and has access to Marion Pugh. Any access to this property must meet the Driveway Ordinance. Drainage: A Development Permit is required for development of the site. It appears the site drains to the southeast, along the railroad ROW. Flood Plain: The subject tract is not located within the 100 -year flood plain. Oversize request: None. Impact Fees: None. NOTIFICATION: Legal Notice Publication(s): The Eagle; 6 -4 -05 and 6 -6 -05 Advertised Commission Hearing Dates(s): 6 -22 -05 Advertised Council Hearing Dates: 6 -23 -05 Number of Notices Mailed to Property Owners within 200': 22 Response Received: None as of date of staff report. STAFF REPORT Project Manager: Jennifer Prochazka, Planner Report Date: May 18, 2005 Email: jprochazka @cstx.gov Meeting Date: June 2, 2005 Item: Public hearing, presentation, discussion, and possible action on a rezoning for Callaway Subdivision Phase II, consisting of approximatly 14 acres, located on the east side of Marion Pugh Drive, approximately 500' south of the intersection of George Bush Drive, including a portion of the Luther Street Right - of -Way, from C -1 General Commercial to R -6 High Density Multi - Family. Applicant: Rabon Metcalf Engineering, agent for Callaway Development Corporation, and the City of College Station, owner of the Luther Street Right -of- Way. Staff Recommendations: Staff recommends approval of the rezoning. Item Summary: The purpose of this request is to develop the property as a multi - family housing complex. This item came before the Commission in March 2004 and received a unanimous recommendation for approval by the Commission. At that time, the property owner was not ready to move forward to the City Council for final approval of the R -6 zoning. The Planning & Zoning commission again heard this case on April 7, 2005 and again recommended approval unanimously. The City Council denied the rezoning request on April 14, 2005 because of traffic and accessibility concerns. On May 5, 2005 the Planning & Zoning Commission waived the required 180 day waiting period required by the Unified Development Ordinance for re- application of rezonings because of available new information. The new information submitted by the applicant is a letter for a proposed development participation agreement with the City for the construction of the portion of Marion Pugh Drive between approximately Luther Street and Holleman Drive. The applicant has also submitted a Traffic Impact Analysis to assess the traffic issues associated with the development of the subject tract. This analysis assumes the extension of Marion Pugh Drive to Holleman Drive is constructed, as the developer has indicated in his letter. Even though existing traffic volumes in this area are high, the primary finding of the TIA is that the traffic that this development generates will be accommodated by the transportation system with the Marion Pugh Drive extension. This is primarily due to the significant number of trips that will take place using modes other than the automobile, since the project is in close proximity to TAMU. In addition, it is expected that the traffic peak for the proposed apartment complex will be different than the overall transportation network's morning and afternoon peaks that are associated with commutes to work. In the long term (2010 and beyond), traffic conditions should significantly improve with the construction of the Wellborn Road / George Bush Drive grade separation and the eventual extension of Jones - Butler Drive to George Bush Drive. The Executive Summary of the TIA is included as an attachment to this staff report for your information. The property to the west, across Marion Pugh Drive, is zoned R -6 and is developed as apartments. The property to the south, across the Luther right -of- way, is zoned R -4 and M -1 and is not developed. The property to the east, across the railroad right -of -way and Wellborn Road, is zoned R -1 and A -P and developed as single - family homes and offices. The northern property is developed as a parking lot for the Callaway House Dormitory and is zoned C -1. The rezoning of the Luther Street Right -of -Way is not an approval of the right -of- way abandonment. The right -of -way abandonment will be submitted to the City Council for consideration through an abandonment ordinance. Comprehensive Plan Considerations: The Land Use Plan designates this property as Residential Attached, therefore the rezoning request is in compliance with the Land Use Plan. The location of the rezoning request is also supported by the City's development policies which attempt to locate multi - family in close proximity to Texas A &M University. Marion Pugh Drive is designated as a major collector on the Thoroughfare Plan, Wellborn Road is designated as a major arterial, and Luther is a residential street in this area. Item Background: The property was annexed in to the City and zoned Industrial in 1958. When the zoning was changed to M -2, the district also included C -1 uses. In 1984 an amendment was made to the Zoning Ordinance that prohibited C -1 uses in M -2 zones, however, this particular property was specifically exempted from the exclusion of C -1 uses in an M -2 zone, and allowed the General Commercial uses. With the adoption of the Unified Development Ordinance, City Staff worked with the property owners by giving them the choice of retaining the M -2 classification without the commercial uses or being rezoned to C -1 to include the commercial uses. The property is zoned C -1. Luther Street was closed in this area in the 1990s. Information on Multi- family Housing in College Station: The Comprehensive Plan proposes 1,043 acres of Residential Attached in specific locations. There are currently 1,357 acres zoned multi - family, R -4 or R -6. 950 total acres developed as multi - family 841 acres developed as apartments & condominiums and 109 acres developed as group housing (off campus dorms) 203 acres zoned multi - family, but undeveloped. However, these are not necessarily in areas where we desire multi - family growth. Approximately 204 acres zoned multi - family, but developed as other uses. Approximately 26 acres (in various locations) currently zoned for multi- family, but undeveloped, within one mile of Texas A &M University campus. Current occupancy rates for multi - family units: 86% B /CS area 87% College Station Current occupancy rates for all rental units: 85% B /CS 86% College Station Texas rental vacancy rates in 2003 (Census Bureau) were 14.1 %. A certain level of vacancy is generally needed for ease of movement, housing choice, and affordability. 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's options are: 1. Recommend approval; 2. Recommend denial; 3. Table indefinitely; or, 4. Defer action to a specified date. Supporting Materials: 1. Location Map 2. Aerial 3. Application & Staff Memo 4. Infrastructure and Facilities 5. Letter in opposition to request 6. Letter from applicant's representative for proposed Development Agreement 7. Traffic Impact Analysis Executive Summary INFRASTRUCTURE AND FACILITIES Water Service: Service can be taken from the 18" main along Marin Pugh. Sewer Service: Service can be taken from the main along the railroad ROW. Streets /Access: The property fronts on and has access to Marion Pugh. Any access to this property must meet the Driveway Ordinance. Drainage: A Development Permit is required for development of the site. It appears the site drains to the southeast, along the railroad ROW. Flood Plain: The subject tract is not located within the 100 -year flood plain. Oversize request: None. Impact Fees: None. NOTIFICATION: Legal Notice Publication(s): The Eagle; 5 -17 -05 and 6 -6 -05 Advertised Commission Hearing Dates(s): 6 -2 -05 Advertised Council Hearing Dates: 6 -23 -05 Number of Notices Mailed to Property Owners within 200': 22 Response Received: None as of date of staff report. CITY OF COLLEGE STATION Planning er Development Services CITY OF COLLEGE STATION PLANNING & DEVELOPMENT SERVICES 1101 Texas Avenue South, PO Box 9960 College Station, Texas 77842 Phone (979)764 -3570 / Fax (979)764 -3496 TO: CALLAWAY DEVELOPMENT CORPORATION RE: CALLAWAY SUBDIVISION PHASE II FAX: 210 -820 -3361 FROM: Lisa Lindgren, Staff Assistant DATE: June 20, 2005 RE: Agenda & Staff Report P &Z Meeting, June 22, 2005 Following this coversheet is a copy of the Staff Report that was prepared for the above referenced project. Please keep in mind that staff's responsibility is to provide the Planning & Zoning Commission with all pertinent facts of a development case, but that staff is not acting as an advocate for the applicants. Therefore, it is in the applicant's best interest to send a representative to the Planning & Zoning Commission meeting to speak on behalf of the proposal. This item is scheduled for the June 22, 2005, Planning & Zoning Commission Meeting. This meeting will begin at 11:30 A.M. in the City Hall Council Chambers., 1101 Texas Avenue. I have included a copy of the agenda for this meeting. Please contact our office at (979) 764 -3570 if you should have any questions. Thanks. 4ff il5111114 CITY OF COLLEGE STATION Planning t* Development Services CITY OF COLLEGE STATION PLANNING & DEVELOPMENT SERVICES 1101 Texas Avenue South, PO Box 9960 College Station, Texas 77842 Phone (979)764 -3570 / Fax (979)764 -3496 TO: RABON METCALF, P.E. RABON METCALF ENGINEERING RE: CALLAWAY SUBDIVISION PHASE II FAX: 979 - 690 -0329 FROM: Lisa Lindgren, Staff Assistant DATE: June 20, 2005 RE: Agenda & Staff Report P &Z Meeting, June 22, 2005 Following this coversheet is a copy of the Staff Report that was prepared for the above referenced project. Please keep in mind that staffs responsibility is to provide the Planning & Zoning Commission with all pertinent facts of a development case, but that staff is not acting as an advocate for the applicants. Therefore, it is in the applicant's best interest to send a representative to the Planning & Zoning Commission meeting to speak on behalf of the proposal. This item is scheduled for the June 22, 2005, Planning & Zoning Commission Meeting. This meeting will begin at 11:30 A.M. in the City Hall Council Chambers., 1101 Texas Avenue. 1 have included a copy of the agenda for this meeting. Please contact our office at (979) 764 -3570 if you should have any questions. Thanks. CITY OF COLLEGE STATION Planning ear Development Services CITY OF COLLEGE STATION PLANNING & DEVELOPMENT SERVICES 1101 Texas Avenue South, PO Box 9960 College Station, Texas 77842 Phone (979)764 -3570 / Fax (979)764 -3496 TO: CALLAWAY DEVELOPMENT CORPORATION RE: CALLAWAY SUBDIVISION PHASE II FAX: 210- 82Q41240 3 3i, i FROM: Lisa Lindgren, Staff Assistant DATE: May 31, 2005 RE: Agenda & Staff Report P &Z Meeting, June 2, 2005 Following this coversheet is a copy of the Staff Report that was prepared for the above referenced project. Please keep in mind that staff's responsibility is to provide the Planning & Zoning Commission with all pertinent facts of a development case, but that staff is not acting as an advocate for the applicants. Therefore, it is in the applicant's best interest to send a representative to the Planning & Zoning Commission meeting to speak on behalf of the proposal. This item is scheduled for the June 2, 2005, Planning & Zoning Commission Meeting. This meeting will begin at 7:00 P.M. in the City Hall Council Chambers., 1101 Texas Avenue. I have included a copy of the agenda for this meeting. Please contact our office at (979) 764 -3570 if you should have any questions. Thanks. (1111 ff 115411114 CITY OF COLLEGE STATION Planning er Development Services CITY OF COLLEGE STATION PLANNING & DEVELOPMENT SERVICES 1101 Texas Avenue South, PO Box 9960 College Station, Texas 77842 Phone (979)764 -3570 / Fax (979)764 -3496 TO: RABON METCALF, P.E. RABON METCALF ENGINEERING RE: CALLAWAY SUBDIVISION PHASE II FAX: 979 - 690 -0329 FROM: Lisa Lindgren, Staff Assistant DATE: May 31, 2005 RE: Agenda & Staff Report P &Z Meeting, June 2, 2005 Following this coversheet is a copy of the Staff Report that was prepared for the above referenced project. Please keep in mind that staffs responsibility is to provide the Planning & Zoning Commission with all pertinent facts of a development case, but that staff is not acting as an advocate for the applicants. Therefore, it is in the applicant's best interest to send a representative to the Planning & Zoning Commission meeting to speak on behalf of the proposal. This item is scheduled for the June 2, 2005, Planning & Zoning Commission Meeting. This meeting will begin at 7:00 P.M. in the City Hall Council Chambers., 1101 Texas Avenue. I have included a copy of the agenda for this meeting. Please contact our office at (979) 764 -3570 if you should have any questions. Thanks. Jamespoint Dal Texas Suite 220 Dallas, 75240 Phone: 972/234 -1551 Management Fax: 972/234 -1580 E -mail: claningham@jmc- mgmt.com Company Divisionaf ChatianEnisipises,Inc. May 26, 2005 Ms. Jennifer Prochazka Staff Planner City Planning Office City of College Station 1101 Texas Avenue South P 0 Box 9960 College Station, TX 77842 Re: Rezoning of 14 ac. Tract at 305 Marion Pugh Dr. Dear Ms. Prochazka, I am writing in response to your notice of a proposed rezoning of the above captioned tract from C -1 Commercial to R-6 High Density Multi- family. We operate the Meadows Point Apartment complex at 800 Marion Pugh along with nine other apartment complexes across College Station. Speaking on behalf of the property owners and our own experience in the community since 1981, we strongly oppose this rezoning request for the following reasons: Traffic congestion. Marion Pugh starts at George Bush and ends at our property entrance. The traffic congestion at Marion Pugh and George Bush is already unbearable and is further congested by the railroad grade crossing on George Bush. At the south end, traffic is already cutting through our complex to get to the homes, duplexes and apartment complexes located between Meadows Point and FM 2818, the Harvey Mitchell Parkway. Luther Street, adjacent to our property, is under utilized in part due to invisibility of the intersection, in part due to limited development along Luther and in part due to the traffic attracting entrance design of Meadows Point Apartments. The addition of 14 acres of high density multi - family housing will exceed the capacity of Marion Pugh to handle traffic and turn our apartment complex driveways into traffic arteries for persons trying to avoid the permanent bottleneck that will be created at Marion Pugh and George Bush. A bottleneck that will become catastrophic each time one of the several trains per day crosses that intersection. If this zoning change is granted, how does the City and developer propose reimbursing Meadows Point for damages to our driveways and loss of property value resulting from this excessive traffic? Also, as I understand your notice, the right of way to extend Luther Street across the railroad tracks will be lost, eliminating this corridor as a means to relieve traffic at the south end of Marion Pugh. Perhaps the developer will pay for extending Marion Pugh to FM 2818. It is not reasonable to expect the citizens to pay for extending Marion Pugh, as development under the present commercial zoning will not overload Marion Pugh' s traffic capacity. • Page 2 May 26, 2005 Train noise pollution. The present zoning is compatible with trains moving adjacent to the long axis of the property. Residential zoning is not. Visit the web site: apartmentratings.com and view the resident's complaints about train noise at Sterling University. The property's desirability and value has suffered from its proximity to the rail lines. Consider, that Sterling is not piled on the tracks, as this development would be. A high priority for thirty years has been to move the rail lines further west to the mutual benefit of the rail operators and the city. No progress has been made. If that move is ever made, a rezoning request of this nature will make more sense, due to the parcel's proximity to Texas A &M. Multi- family development tracts. Several parcels of multi - family zoned property are available along the east side of Wellborn. They offer some relief from the noise issue and should be developed before more land is changed to multi - family use. College Station has several apartment development sites with adequate road and utility infrastructure to meet a developer's needs; sites that also offer a reasonable environment for the occupants. College Station has an oversupply of existing multi - family housing and a supply of vacant land zoned for multi - family development. The community doesn't need to ferret out potential development sites to meet a pent up demand for housing. I can't speak to commercial development needs, except to state the present zoning appears in all respects to be properly zoned. Sincerely, Charles Laningham President STAFF REPORT Project Manager: Jennifer Prochazka, Planner Report Date: June 17, 2005 Email: jprochazka @cstx.gov Meeting Date: June 22, 2005 Item: Public hearing, presentation, discussion, and possible action on a rezoning for Callaway Subdivision Phase II, consisting of approximately 14 acres, located on the east side of Marion Pugh Drive, approximately 500' south of the intersection of George Bush Drive, including a portion of the Luther Street Right -of -Way, from C -1 General Commercial to R -6 High Density Multi - Family. Applicant: Rabon Metcalf Engineering, agent for Callaway Development Corporation, and the City of College Station, owner of the Luther Street Right -of- Way. Staff Recommendations: Staff recommends approval of the rezoning with the condition that the Developer, extend Marion Pugh Drive from Luther Street to Holleman Street at the time the property is developed. Item Summary: The purpose of this request is to develop the property as a multi - family housing complex. This item came before the Commission in March 2004 and received a unanimous recommendation for approval by the Commission. At that time, the property owner was not ready to move forward to the City Council for final approval of the R -6 zoning. The Planning & Zoning commission again heard this case on April 7, 2005 and again recommended approval unanimously. The City Council denied the rezoning request on April 14, 2005 because of traffic and accessibility concerns. On May 5, 2005 the Planning & Zoning Commission waived the required 180 day waiting period required by the Unified Development Ordinance for re- application of rezonings because of available new information. The new information submitted by the applicant is a letter for a proposed development participation agreement with the City for the construction of the portion of Marion Pugh Drive between approximately Luther Street and Holleman Drive. The applicant has also submitted a Traffic Impact Analysis to assess the traffic issues associated with the development of the subject tract. This analysis assumes the extension of Marion Pugh Drive to Holleman Drive is constructed, as the developer has indicated in his letter. Even though existing traffic volumes in this area are high, the primary finding of the TIA is that the traffic that this development generates will be accommodated by the transportation system with the Marion Pugh Drive extension. This is primarily due to the significant number of trips that will take place using modes other than the automobile, since the project is in close proximity to TAMU. In addition, it is expected that the traffic peak for the proposed apartment complex will be different than the overall transportation network's morning and afternoon peaks that are associated with commutes to work. In the long term (2010 and beyond), traffic conditions should significantly improve with the construction of the Wellborn Road / George Bush Drive grade separation and the eventual extension of Jones - Butler Drive to George Bush Drive. The staff Traffic Engineer has reviewed the subject TIA and is in general agreement with the assumptions and conclusions of the report. The Executive Summary of the TIA is included as an attachment to this staff report for your information. The property to the west, across Marion Pugh Drive, is zoned R -6 and is developed as apartments. The property to the south, across the Luther right -of- way, is zoned R -4 and M -1 and is not developed. The property to the east, across the railroad right -of -way and Wellborn Road, is zoned R -1 and A -P and developed as single - family homes and offices. The northern property is developed as a parking lot for the Callaway House Dormitory and is zoned C -1. The rezoning of the Luther Street Right -of -Way is not an approval of the right -of- way abandonment. The right -of -way abandonment will be submitted to the City Council for consideration through an abandonment ordinance. Comprehensive Plan Considerations: The Land Use Plan designates this property as Residential Attached, therefore the rezoning request is in compliance with the Land Use Plan. The location of the rezoning request is also supported by the City's development policies which attempt to locate multi - family in close proximity to Texas A &M University. Marion Pugh Drive is designated as a major collector on the Thoroughfare Plan, Wellborn Road is designated as a major arterial, and Luther is a residential street in this area. Item Background: The property was annexed in to the City and zoned Industrial in 1958. When the zoning was changed to M -2, the district also included C -1 uses. In 1984 an amendment was made to the Zoning Ordinance that prohibited C -1 uses in M -2 zones, however, this particular property was specifically exempted from the exclusion of C -1 uses in an M -2 zone, and allowed the General Commercial uses. With the adoption of the Unified Development Ordinance, City Staff worked with the property owners by giving them the choice of retaining the M -2 classification without the commercial uses or being rezoned to C -1 to include the commercial uses. The property is zoned C -1. Luther Street was closed in this area in the 1990s. Information on Multi- family Housing in College Station: The Comprehensive Plan proposes 1,043 acres of Residential Attached in specific locations. There are currently 1,357 acres zoned multi - family, R -4 or R -6. 950 total acres developed as multi - family 841 acres developed as apartments & condominiums and 109 acres developed as group housing (off campus dorms) 203 acres zoned multi - family, but undeveloped. However, these are not necessarily in areas where we desire multi - family growth. Approximately 204 acres zoned multi - family, but developed as other uses. Approximately 26 acres (in various locations) currently zoned for multi- family, but undeveloped, within one mile of Texas A &M University campus. Current occupancy rates for multi - family units (2004): 90.6% B /CS area A certain level of vacancy is generally needed for ease of movement, housing choice, and affordability. 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's options are: 1. Recommend approval; 2. Recommend denial; 3. Table indefinitely; or, 4. Defer action to a specified date. Supporting Materials: 1. Location Map 2. Aerial 3. Application & Staff Memo 4. Infrastructure and Facilities 5. Letter in opposition to request 6. Letter from applicant's representative for proposed Development Agreement 7. Traffic Impact Analysis Executive Summary INFRASTRUCTURE AND FACILITIES Water Service: Service can be taken from the 18" main along Marin Pugh. Sewer Service: Service can be taken from the main along the railroad ROW. Streets /Access: The property fronts on and has access to Marion Pugh. Any access to this property must meet the Driveway Ordinance. Drainage: A Development Permit is required for development of the site. It appears the site drains to the southeast, along the railroad ROW. Flood Plain: The subject tract is not located within the 100 -year flood plain. Oversize request: None. Impact Fees: None. NOTIFICATION: Legal Notice Publication(s): The Eagle; 6 -4 -05 and 6 -6 -05 Advertised Commission Hearing Dates(s): 6 -22 -05 Advertised Council Hearing Dates: 6 -23 -05 Number of Notices Mailed to Property Owners within 200': 22 Response Received: None as of date of staff report.