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HomeMy WebLinkAboutZ-8395 Staff AnalysisFILE NO.: Z-8395 Owner: Troy Burns Applicant: Rick Nagel Location: 6723 Colonel Glenn Road Area: 4.14 Acres Request: Rezone from C-3 to C-4 Purpose: Auto and auto parts sales Existing Use: Office — Showroom/Warehouse SURROUNDING LAND USE AND ZONING North — Mixed commercial uses (across Colonel Glenn Road); zoned C-3 South — Undeveloped property (creek); zoned PR East — Auto salvage yard; zoned C-3 and C-4 West — Auto salvage yard; zoned C-3 and C-4 A. PUBLIC WORKS COMMENTS: 1. Colonel Glenn Road is classified on the Master Street Plan as a principal arterial. Dedication of right-of-way to 55 feet from centerline will be required. 2. The property is within the 100 year floodplain, zone AE. If existing structures are substantially improved or the cost of the improvements are 50% or more of the appraised value of the structures, then the structures must be improved to comply with the current floodplain regulations. The lowest finished floor will be required to be elevated 1 ft. above the base flood elevation. 3. In accordance with Section 31-176, floodway areas must be shown as floodway easements or be dedicated to the public. In addition, a 25-foot wide access easement is required adjacent to the floodway boundary. 4. The southern portion of the property shows to be within the regulatory floodway. A portion of the southern building appears to be in the floodway. If any part of a structure is located in the floodway, then the entire structure is considered to be in the floodway. The floodway cannot be encroached with fill, structures, or parking. If existing FILE NO.: Z-8395 (Cont. structures are substantially improved or the cost of the improvements are 50% or more of the appraised value of the structures, then the structures must be removed to comply with the current floodplain regulations. B. PUBLIC TRANSPORTATION ELEMENT: The site is located on a CATA Bus Routes #14 (Rosedale route) and #21 (University Avenue route). C. PUBLIC NOTIFICATION: All owners of property located within 200 feet of the site, all residents within 300 feet who could be identified, and the John Barrow, Westwood, College Terrace and SWLR United for Progress Neighborhood Associations were notified of the public hearing. D. LAND USE ELEMENT: This request is located in the Boyle Park Planning District. The Land Use Plan shows Commercial for this property. The applicant has applied for a rezoning from C-3 General Commercial to C-4 Open Display District. The request does not require a change to the Land Use Plan. Master Street Plan: Colonel Glenn Road is shown as a Principal Arterial. The primary function of a Principal Arterial is to serve through traffic and to connect major traffic generators or activity centers within urbanized areas. Entrances and exits should be limited to minimize negative effects of traffic and pedestrians on Colonel Glenn since it is a Principal Arterial. This street may require dedication of right-of-way and may require street improvements for entrances and exits to the site. Bicycle Plan: A Class I is shown to the south of this property. A Class I bikeway is built separate from or alongside a road. Additional paving and right-of-way may be required. Neighborhood Action Plan: The Westwood Pecan Lake Neighborhood Plan covers this area, but it does not address this issue. K FILE NO.: Z-8395 (Cont. E. STAFF ANALYSIS: Troy Burns, owner of the 4.14-acre property located at 6723 Colonel Glenn Road, is requesting to rezone the property from "C-3" General Commercial District to "C-4" Open Display District. The property is located on the south side of Colonel Glenn Road, between University Avenue and S. Bryant Street. The rezoning is proposed to allow use of the property for auto and auto parts sales. There is a one-story commercial building located near the northeast corner of the property. A driveway from Colonel Glenn Road is located at the northwest corner of the property, with paved parking on the north side of the building. The rear (south) portion of the property is undeveloped. The property is located approximately six (6) feet below the grade of Colonel Glenn Road. The general area contains a mixture of uses and zoning. Mixed commercial/restaurant uses are located to the north, across Colonel Glenn Road. An auto salvage yard is located immediately to the east, with other commercial uses further east. An auto salvage yard is also located immediately to the west. Undeveloped PR zoned property is located to the south. The City's Future Land Use Plan designates this property as Commercial. The requested C-4 zoning does not require an amendment to the Land Use Plan. Staff is supportive of the requested C-4 rezoning. Staff views the request as reasonable. The requested C-4 zoning will be compatible with the general area. There is existing C-4 zoning east and west of the site, with auto salvage yards located on the adjacent properties to the east and west. Additionally, there is a mixture of commercial uses north, across Colonel Glenn Road, and further east and west. As noted previously, the City's Land Use Plan designates this property as Commercial, which supports the requested C-4 zoning. Staff believes the rezoning is appropriate and will have no adverse impact on the adjacent properties or the general area. F. STAFF RECOMMENDATION: Staff recommends approval of the requested C-4 rezoning. PLANNING COMMISSION ACTION: (OCTOBER 2, 2008) Staff informed the Commission that the application needed to be deferred to the November 13, 2008 agenda based on the fact the applicant failed to complete notification to surrounding property owners as required. 3 FILE NO.: Z-8395 Cont.) The Chairman placed the item before the Commission for inclusion within the Consent Agenda for deferral to the November 13, 2008 agenda. A motion to that effect was made. The motion passed by a vote of 10 ayes, 0 nays and 1 absent. PLANNING COMMISSION ACTION: (NOVEMBER 13, 2008) Rick Nagel was present, representing the application. There was one (1) person (Laveta Wills Hale) present with concerns. Staff presented the item with a recommendation of approval, including the item in the Consent Agenda. Rick Nagel addressed the Commission, revising the application to add the following conditions to the proposed C-4 zoning, with relation to the existing building and property as they exist as of this date: Repair of the existing building with new roof. a Repaint the existing building. ■ Addition of new landscaping to the property. a Addition of new fencing to the property. • Repair of the existing asphalt parking lot. • Addition of new signage to the property • Widening of the existing driveway with new gates. • Trim existing trees on the property. ■ Maintain existing grass -covered areas of the property. Chairman Taylor asked Ms. Hale if she was satisfied with the proposed rezoning with conditions. She indicated that she was. The Chairman placed the item before the Commission for inclusion within the Consent Agenda for approval as revised and recommended by staff. A motion to that effect was made. The motion passed by a vote of 7 ayes, 0 nays, 2 absent and 2 open positions. 0 November 13, 2008 ITEM NO.: A Owner: Applicant: Location: Area: Request: Purpose: Existing Use: FILE NO.: Z Troy Burns Rick Nagel 6723 Colonel Glenn Road 4.14 Acres Rezone from C-3 to C-4 Auto and auto parts sales Office — Showroom/Warehouse SURROUNDING LAND USE AND ZONING North — Mixed commercial uses (across Colonel Glenn Road); zoned C-3 South — Undeveloped property (creek); zoned PR East — Auto salvage yard; zoned C-3 and C-4 West — Auto salvage yard; zoned C-3 and C-4 A. PUBLIC WORKS COMMENTS- 1. Colonel Glenn Road is classified on the Master Street Plan as a principal arterial. Dedication of right-of-way to 55 feet from centerline will be required. 2. The property is within the 100 year floodplain, zone AE. If existing structures are substantially improved or the cost of the improvements are 50% or more of the appraised value of the structures, then the structures must be improved to comply with the current floodplain regulations. The lowest finished floor will be required to be elevated 1 ft. above the base flood elevation. 3. In accordance with Section 31-176, floodway areas must be shown as floodway easements or be dedicated to the public. In addition, a 25-foot wide access easement is required adjacent to the floodway boundary. 4. The southern portion of the property shows to be within the regulatory floodway. A portion of the southern building appears to be in the floodway. If any part of a structure is located in the floodway, then the November 13, 2008 ITEM NO: A (Cont. FILE NO.: Z-8395 entire structure is considered to be in the floodway. The floodway cannot be encroached with fill, structures, or parking. If existing structures are substantially improved or the cost of the improvements are 50% or more of the appraised value of the structures, then the structures must be removed to comply with the current floodplain regulations. B. PUBLIC TRANSPORTATION ELEMENT: The site is located on a CATA Bus Routes #14 (Rosedale route) and #21 (University Avenue route). C. PUBLIC NOTIFICATION: All owners of property located within 200 feet of the site, all residents within 300 feet who could be identified, and the John Barrow, Westwood, College Terrace and SWLR United for Progress Neighborhood Associations were notified of the public hearing. D. LAND USE ELEMENT: This request is located in the Boyle Park Planning District. The Land Use Plan shows Commercial for this property. The applicant has applied for a rezoning from C-3 General Commercial to C-4 Open Display District. The request does not require a change to the Land Use Plan. Master Street Plan: Colonel Glenn Road is shown as a Principal Arterial. The primary function of a Principal Arterial is to serve through traffic and to connect major traffic generators or activity centers within urbanized areas. Entrances and exits should be limited to minimize negative effects of traffic and pedestrians on Colonel Glenn since it is a Principal Arterial. This street may require dedication of right-of-way and may require street improvements for entrances and exits to the site. Bicycle Plan: A Class I is shown to the south of this property. A Class I bikeway is built separate from or alongside a road. Additional paving and right-of-way may be required. K November 13, 2008 ITEM NO: A (Cont.) FILE NO.: Z-8395 Neighborhood Action Plan: The Westwood Pecan Lake Neighborhood Plan covers this area, but it does not address this issue. E. STAFF ANALYSIS: Troy Burns, owner of the 4.14-acre property located at 6723 Colonel Glenn Road, is requesting to rezone the property from "C-3" General Commercial District to "C-4" Open Display District. The property is located on the south side of Colonel Glenn Road, between University Avenue and S. Bryant Street. The rezoning is proposed to allow use of the property for auto and auto parts sales. There is a one-story commercial building located near the northeast corner of the property. A driveway from Colonel Glenn Road is located at the northwest corner of the property, with paved parking on the north side of the building. The rear (south) portion of the property is undeveloped. The property is located approximately six (6) feet below the grade of Colonel Glenn Road. The general area contains a mixture of uses and zoning. Mixed commercial/restaurant uses are located to the north, across Colonel Glenn Road. An auto salvage yard is located immediately to the east, with other commercial uses further east. An auto salvage yard is also located immediately to the west. Undeveloped PR zoned property is located to the south. The City's Future Land Use Plan designates this property as Commercial. The requested C-4 zoning does not require an amendment to the Land Use Plan. Staff is supportive of the requested C-4 rezoning. Staff views the request as reasonable. The requested C-4 zoning will be compatible with the general area. There is existing C-4 zoning east and west of the site, with auto salvage yards located on the adjacent properties to the east and west. Additionally, there is a mixture of commercial uses north, across Colonel Glenn Road, and further east and west. As noted previously, the City's Land Use Plan designates this property as Commercial, which supports the requested C-4 zoning. Staff believes the rezoning is appropriate and will have no adverse impact on the adjacent properties or the general area. F. STAFF RECOMMENDATION: Staff recommends approval of the requested C-4 rezoning. K! November 13, 2008 ITEM NO: A Cont. FILE NO.: Z-8395 PLANNING COMMISSION ACTION: (OCTOBER 2, 2008) Staff informed the Commission that the application needed to be deferred to the November 13, 2008 agenda based on the fact the applicant failed to complete notification to surrounding property owners as required. The Chairman placed the item before the Commission for inclusion within the Consent Agenda for deferral to the November 13, 2008 agenda. A motion to that effect was made. The motion passed by a vote of 10 ayes, 0 nays and 1 absent. PLANNING COMMISSION ACTION: (NOVEMBER 13, 2008) Rick Nagel was present, representing the application. There was one (1) person (Laveta Wills Hale) present with concerns. Staff presented the item with a recommendation of approval, including the item in the Consent Agenda. Rick Nagel addressed the Commission, revising the application to add the following conditions to the proposed C-4 zoning, with relation to the existing building and property as they exist as of this date: Repair of the existing building with new roof. ■ Repaint the existing building. Addition of new landscaping to the property. Addition of new fencing to the property. ■ Repair of the existing asphalt parking lot. ■ Addition of new signage to the property • Widening of the existing driveway with new gates. • Trim existing trees on the property. • Maintain existing grass -covered areas of the property. Chairman Taylor asked Ms. Hale if she was satisfied with the proposed rezoning with conditions. She indicated that she was. The Chairman placed the item before the Commission for inclusion within the Consent Agenda for approval as revised and recommended by staff. A motion to that effect was made. The motion passed by a vote of 7 ayes, 0 nays, 2 absent and 2 open positions. 0