Planning & Zoning Commission Meeting Date: December 3, 2012

Transcription

1 Planning and Development Department City of League City Planning & Zoning Commission Meeting Date: December 3, 2012 Requests Rezone approximately 3.3 acres from RSF-5 (Single-family residential with a minimum lot size of 5,000 square feet) to CG (General Commercial). The applicant has not proposed any specific use for the property at this time. Permitted Uses RSF-5 is intended for single family residential development with a minimum lot size of 5,000 square feet. Other uses permitted in RSF-5 range from residential care facilities, family homes, to parks and recreation. Uses permitted in CG range from warehousing and distribution to business services, eating and drinking services, automobile/vehicle/equipment sales and services, and limited production industry. pplicant Owner Location R.. Smith, Jr.; Thomas Developers Suchmor Thomas; Property Owner Legally described as a portion of Lots 1-6 and all of lots 7-12 in Blocks of the Moore s ddition, generally located north of est FM 646 and west of Highway 3, with the approximate address being 301 est FM 646, League City, Texas. City Council Public Hearing January 8, 2012; Second Reading January 22, 2012 Citizen Response ttachments 31 Notices Mailed to Property Owners within 500 feet 0 Notices Mailed to Homeowners/Neighborhood ssociations within 500 feet 0 Letters of Support Received 0 Petition of Opposition Received 1. erial Map 2. Zoning Map 3. Comprehensive Plan Land Use Map 4. Photographs of Site 5. Survey of Property The Commission should consider the following criteria in its deliberation, which shall be utilized to substantiate its findings. To determine the extent to which the proposed zoning would be compatible with surrounding properties, the surrounding land uses and the performance impacts should be considered. Background The subject property was given an RSF Single Family Residential zoning designation in 1999, followed by a change to CG (General Commercial) in 2001, and later changed to RSF-5 (Residential Single Family with 5,000 square foot minimum lot size) in The lots have remained an RSF-5 zoning district since that change. Site ttributes The property is currently undeveloped with no significant trees noticeable from an aerial; however a tree survey will be conducted at the time of development. Of the 3.3 acre site, which consist of three platted block (Block 256, 257, 258) it appears that only 2.4 acres of the site is developable due to easements and rights-of-ways. In order for the amount of developable land to increase the property owner would have to go through the abandonment process to remove those easements and rights-of-ways. These easements and rights-of-ways include the following: (1) a 100 foot Galveston-Houston lectric Railway Co. right-of-way runs along the western property line which is also bordered to the west by an 85 Z12-07 Joey Kaspar Page 1 of 5 December 3, 2012 P&Z Meeting

2 foot drainage easement; (2) two (2) 70 foot public right of ways (Strawberry Street and 15 th Street); and (3) on the northern portion of the property located in Block 258, there is an unlocated pipeline, which according to the survey, is a large easement dedicated to Pan merican Company for its pipeline. The property has 270 feet of frontage property along FM 646 and combined blocks are approximately 850 feet deep. The eastern boundary is formed by the venue I right of way. Surrounding rea The character of the surrounding area is a mix of partially developed auto-dominant rural/estate residential and auto-dominant commercial development. The north of the site is contains light industrial uses and a significant amount of undeveloped land. On the west side of the drainage and utilities easement there is a variety of uses such as rural estate residential and a multi-family development, known as Beacon Lakes. Direction Surrounding Zoning Surrounding Land Use North RSF-5 Undeveloped residential property, and Commercial and Light Industrial Use ast RSF-5 Rural/state residential, commercial uses, and undeveloped residential. est Open Space/CO Drainage and Utilities asement, 200 feet combined width and Rural/state residential South CG Mix of Undeveloped and developed general commercial uses Comprehensive Plan Designation The Future Land Use Plan in the recently adopted 2035 Comprehensive Plan designates the character of the subject property as nhanced uto Dominant Commercial and Rural/state Residential. The property is question is comprised of 3 different blocks. The southernmost block, Block 256, is designated as nhanced uto Dominant Commercial. The northern blocks, Block 257 and 258, are designated as Rural/state Residential. The Rural/state Residential designation is intended for low density single family residential development as well as agricultural and farming activity. The uto-dominant Commercial designation focuses on convenience and access for customers and employees almost exclusively by automobile. uto-dominant commercial is primarily linear development along major roadways or located at major intersections. ater & Sewer Fire Protection The type of development and its water needs will determine where and how water is accessed. There is either a 16 water line located on Strawberry Street or dead-end water line that can be tapped into on the north side of FM 646 that is located near the south side of the property. total of 15 DUs (quivalent Dwelling Units) are allotted for this property which would allow combination of meter sizes not to exceed three inches (3 ) for water service. Sanitary sewer will need to be extended from 403 Fm 646 (two (2) lots west of the property in question) or from the north side of Olive Street approximately 1,000 feet northeast of the property. Depending on the type and location of future development of the property will determine which sanitary sewer line will need to be extended. Fire Station #5 will be the first responding station with Fire Station #1 being the second fire station responding. Z12-07 Joey Kaspar Page 2 of 5 December 3, 2012 P&Z Meeting

3 ccess and Traffic Impacts The subject parcels have access to three different right-of-ways, to the south FM 646, on the southeastern side by venue I and on the northern side by Strawberry Street. FM 646 is currently being widened by TxDOT and is expected to be completed by the end of September in Depending on the intensity of the proposed development, local streets (venue I & Strawberry Street) may be required to be improved as well. venue I is immediately adjacent to the property in question, but is currently a residential street not suited for high intensity traffic. The Strawberry Street right of way does extend from Highway 3 to the property in question. t the time of platting/site development it would be determined if a traffic impact analysis would be required which would then provide a list of recommended improvements based on the uses being proposed. FM 646 xisting Conditions Proposed Conditions Roadway Type Minor rterial Major rterial RO idth 120 feet s determined by TxDOT Pavement idth and Type 46-feet, concrete, 2 lanes with a center turn lane (currently under construction and narrowed to 2 lanes) pproximately 68 feet; 5 concrete lanes. The center lane will be a turn lane. venue I xisting Conditions Proposed Conditions Roadway Type Residential Collector Residential Collector RO idth 70 feet 70 feet Pavement idth and Type 20 feet wide, gravel road, 2 lanes No proposed improvements Strawberry Street xisting Conditions Proposed Conditions Roadway Type Residential Collector Residential Collector RO idth 120 feet 70 feet Pavement idth and Type 19-feet wide, asphalt, 2 lanes No proposed improvements Screening, Setbacks and Nuisances Screening and buffer yard requirements on this site are all dependent upon how the site is developed. The General Commercial district adjacent to Residential typically requires a 50 foot buffer yard which should include various plantings. There is one exception to the buffer yard rule and based on the easements and right-of-ways surrounding these properties it is possible that a 50 foot buffer yard would not be required. In addition to buffer yard requirements the General Commercial district requires the following setbacks: Front ard Side (Non Residential/Residential) Street Side (Corner Lot) Rear (Nonresidential/Residential) 20 feet 15/30 feet 15 feet 20/40 feet Public Benefit vs. Imposed Hardship Based upon the information provided, the Commission will have to determine the gain to public health, safety, and welfare due to denial of this application as compared to the hardship imposed upon the owner as a result of denial of the application. dditional Based on the May 1981 Texas Supreme Court Case of City of Pharr v Tippitt, the court Considerations: established a set of criteria to ensure the validity of granting the request. Those rules are as Z12-07 Joey Kaspar Page 3 of 5 December 3, 2012 P&Z Meeting

4 follows: 1. The duty of the existing law forbids municipal actions that disregard not only the preestablished zoning ordinance, but also long-range master plans and maps that been adopted by ordinance. The 2035 Comprehensive Plan was adopted by ordinance on May 10, Staff is currently revising the Zoning Ordinance to reflect the newly adopted Comprehensive Plan. Policies in the Comprehensive Plan state that rezoning requests be consistent with the character for the area, the Comp Plan policies, the Future Land Use Plan and the intensity of the site using measures such as open space, density, setbacks, and scale. The Plan continues by saying that different uses may be adjacent or mixed if the desired character is achieved and if impacts are appropriately addressed. ny requests that do not conform should also request an amendment to the Comprehensive Plan prior to submittal of the rezoning application. 2. comprehensive zoning ordinance is law that binds the municipal legislative body itself. The legislative body does not, on each rezoning hearing, re-determine as an original matter, the city s policy of comprehensive zoning. The law demands that the approved zoning plan should be respected and not altered for the special benefit of the landowner when the change will cause substantial detriment to the surrounding lands or serve no substantial public purpose. The surrounding area is a mix of residential and commercial uses. Not all uses are consistent with the current zoning; although the surrounding development is primarily commercial located within RSF-5 zoning districts. The proposed zoning is partially consistent with the 2035 Comprehensive Plan. The future land use plan designated the southern block, Block 256, as nhanced uto Dominant Commercial. The autodominant commercial designation focuses on convenience and access for customers and employees almost exclusively by automobile. uto-dominant commercial is primarily linear development along major roadways or located at major intersections. The 2035 Comprehensive Plan s future land use plan designated the northern blocks, Block 257 and 258, as Rural/state Residential. The Rural/state Residential designation is intended for low density single family residential development as well as agricultural and farming activity. 3. The nature and degree of an adverse impact upon neighboring lands is important. Lots that are rezoned in a way that is substantially inconsistence with the zoning of the surrounding area, whether more or less restrictive are likely to be invalid. The proposed zoning change is not substantially inconsistent with the zoning of the surrounding area. There are Office Commercial zoning districts immediately to the west and south of the subject property, General Commercial zoning districts to the southwest, and adjacent RSF-5 residential zoning districts to the east and north. There are also nearby General Commercial zoning districts to the east at Highway 3 and FM 646. dditional General Commercial and also multi-family residential zoning districts are to the west. There is strong mix of zoning districts in the area of the subject property. 4. The suitability or unsuitability of the tract for the use as presently zoned is a factor. The size, shape, and location of a lot may render a tract unusable or even confiscatory as zoned. This factor, like others, must be weighed in relation to the other standards, and Z12-07 Joey Kaspar Page 4 of 5 December 3, 2012 P&Z Meeting

5 instances can exist in which the use for which land is zoned may be rezoned upon proof of a real public need or substantially changed conditions in the neighborhood. The FM 646 corridor is transitioning towards a variety of commercial uses. The proposed zoning change is compatible with a portion of the existing surrounding districts which is a mix of commercial districts to the west and south. RSF-5 zoning does exist to the east and north of the site. It can be expected that this transitioning trend will continue to the east along the FM 464 corridor; however it is unknown how deep the commercial activity will extend to the north. For additional information, contact Joey Kaspar, Planner at or via at joey.kaspar@leaguecity.com Z12-07 Joey Kaspar Page 5 of 5 December 3, 2012 P&Z Meeting

6 Planning &Development Department Planning & Zoning Commission City of League City Meeting Date: December 3, 2012 Zoning Case #12-07 (Thomas) erial Images of the Site ed p elo 5 v de SFn U R l cia l r e m tria m o dus C n g in ht I t s i ig x L & d pe o l ve ial e D rc & me d pe Com o l ve eral e d n Un Ge -5 F RS ily m ts a F n ti- tme l u M par l ra ial e n rc Ge me m Co

7 Planning &Development Department Planning & Zoning Commission City of League City Meeting Date: December 3, 2012 Zoning Case #12-07 (Thomas) RR B I OL V V UL I M I H Zoning Map P 3 TR RR B KO D G S V T I CH 2 10 R P TR L D.S RR B 16 H I H.S R 10 O H ID P L D 27 CH R T V. R N P 05 LI RO C O H ID foot Notification Buffer I OL R RR B R 30 2 I H I V F G TH T a Le e gu Ci ty Li M D D UN 80 1 Residential Single Family 7 Residential Single Family 5 Residential Single Family 2 FM 64 ag Le 6 Residential Multi-Family 2 Residential Multi-Family Neighborhood Commercial General Commercial Office Commercial C Li m its 99 Z Limited Industrial 50 Mixed Use Commercial ue ity General Industrial Public and Semi-Public Open Space November 6, 2012 City of League City - GIS Department The City of League city makes no claims to the accuracy of the map. It is intended for demonstrational purposes only. m its R IV DR 20 C RU SP M F. NU G S Residential Single Family NU Residential Single Family B 29 O H ID R RR

8 Planning &Development Department City of League City Planning & Zoning Commission Meeting Date: December 3, 2012 Zoning Case #12-07 (Thomas) Comprehensive Plan Future Land Use Plan H 3 City Limit Boundary FM 646 Legend Rural/state Residential Park/Open Space/Natural Suburban Residential City Limit Boundary Suburban Village Suburban Commercial nhanced uto Dominant Residential nhanced uto Dominant Commercia Urban High Urban Low Public/Institutional

9 Planning &Development Department City of League City Planning & Zoning Commission Meeting Date: December 3, 2012 Zoning Case #12-07 (Thomas) Photo Images of the Site Photo 1: Picture of the property from drive approach at venue I. Photo 2: Residence located adjacent to the subject property. Photo 3: This picture of the site was taken from the drive approach located atfm 646 and venue I. The photo shows the large power line easement and the western boundary of the property on the opposite side of the drainage ditch (where the trees begin). Photo 4: Looking into the property from FM 646. Photo 5: Shows drainage ditch and current construction of FM 646.

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