Planning Report
Z17-0007 / CST/Corner Store
City Council District 4
Planning & Zoning Commission
April 26, 2017
REQUEST:
Title
Hold a public hearing and consider a request by Vandesmith Developers, Ltd. to rezone approximately 0.862 acres from a Neighborhood Residential Mixed Use (NRMU) District to a CM-G District. The subject property is generally located on the north side of Hobson Lane, approximately 340 feet east of Country Club Road in the City of Denton, Denton County, Texas. (Z17-0007, CST Corner Store, Hayley Zagurski).
Body
OWNER:
Vandesmith Developers Ltd.
APPLICANT:
Allen Perez, John Thomas Engineering
BACKGROUND:
The subject property consists of a portion of an unplatted tract of land located along W. Hobson Lane. The property is zoned NRMU District. On March 21, 2017, the City Council approved the rezoning of 4.379 acres located directly west of the subject property from NR-6 District and NRMU District to CM-G District (case number Z16-0029). This rezoning resulted in three zoning designations on a single tract of land and rendered the subject property an isolated zoning district. As is shown on the Current Zoning Map, less than one acre of NRMU District was left between CM-G District to the west and NR-6 District to the east. To facilitate more cohesive future development of the larger tract, the applicant submitted this request to rezone the remaining area zoned NRMU District to CM-G District. The applicant indicated that he intends to develop a convenience store and fuel station at the corner of Hobson Lane, Country Club Road, and Fort Worth Drive.
SITE DATA:
The subject property totals 0.862 acres and is a part of a larger unplatted tract of land. The subject property is undeveloped and has approximately 100 feet of frontage along Hobson Lane.
Hobson Lane is classified in the City of Denton Mobility Plan as a Secondary Arterial roadway. Secondary Arterial roadways require 110 feet of right-of-way and are designed to handle approximately 25,000 vehicle trips per day at full width. Currently, Hobson Lane is constructed as a two-lane undivided roadway with a capacity of up to 10,050 vehicle trips per day. There are currently about 6,260 vehicle trips per day along Hobson Lane in this segment. In addition to improvements planned by the Texas Department of Transportation along Country Club Road and Fort Worth Drive in the vicinity of the subject property, a turn lane is planned to be added to west-bound Hobson Lane at Country Club Road. Construction of this street improvement is expected to commence in the summer of 2017.
USE OF PROPERTY UNDER CURRENT ZONING:
The purpose of the NRMU District is to encourage a mixed-use activity center with light retail, office, and institutional uses that support surrounding neighborhoods. In some instances it can also be used to transition from non-residential zoning districts to single-family neighborhoods. The maximum density is 30 units per acre, except for townhomes which are limited to 12 units per acre. Apartments are only permitted as part of mixed-use developments or with approval of a Specific Use Permit (SUP). The NRMU District permits many commercial and institutional uses with limitations or an SUP. The schedule of permitted uses in the NRMU District is attached for reference.
SURROUNDING ZONING AND LAND USES:
North: Property immediately to the north is developed with a single-family residence to the northwest in the CM-G District. The remainder of this property is undeveloped and is zoned NR-6 District.
East: The remainder of the unplatted tract, of which the subject property is a part, is located to the east. The property is undeveloped and is zoned NR-6 District.
South: Across Hobson Lane to the south are single-family homes located in a Neighborhood Residential 2 (NR-2) District and office buildings located in an NRMU District.
West: To the west is a portion of the unplatted parent tract which is currently undeveloped. It was recently rezoned to CM-G District.
COMPATABILITY OF REQUEST WITH SURROUNDING ZONING AND LAND USES:
The requested CM-G District is intended to provide the necessary shopping, services, recreation, employment and institutional facilities that are required and supported by the surrounding community. The schedule of permitted uses is attached for reference.
The requested CM-G District is directly compatible with the adjoining CM-G District to the west and northwest. The surrounding properties have a wide mixture of uses that range from commercial and industrial to single- and multi-family. Uses permitted in the CM-G District would provide services to support residents and employees in the surrounding area. The proposed rezoning would also eliminate an isolated pocket of NRMU District zoning and would allow for more consistent development of the larger parent tract under two zoning designations rather than the existing three designations.
In terms of the scale of development, NRMU District and CM-G District are very similar. However, CM-G District permits additional forms of commercial development by right and requires that multi-family development contain ground floor commercial or office uses, which is more appropriate for the subject property, given its proximity to a major intersection along a state highway. This comparison is discussed further in Considerations.
COMPREHENSIVE PLAN:
“Community Mixed Use” is intended to promote a mix of uses, of which various commercial uses remain predominant, but where residential, service, and other uses are complimentary. This land use applies to existing and future commercial areas in the city, where redevelopment to mixed-use is desirable. The intent is to encourage a more diverse and attractive mix of uses over time. Future development in Community Mixed Use areas will complement and embrace existing, viable uses, and raise the standard of design to increase their economic viability, accommodate greater connectivity and mobility options, and create a sense of place to serve the local community.
Development criteria of the Community Mixed Use future land use designation include:
a) Typical development such as supermarkets, drug stores, specialty shops, service stations, midsize offices, employers, and high-to-moderate density housing.
b) Places of worship, schools, and parks and open space.
c) Diverse uses in close proximity to one another so that all uses are accessible from a single stop by walking or bicycling.
d) Vertical and horizontal mixed-use.
e) Accessibility from transit routes.
f) Appropriately programmed commercial uses to serve the local Denton community and to be compatible with adjacent land uses.
g) New development that is sensitive to the surrounding built and natural context in scale and form as described above.
In summary, the proposed rezoning is consistent with the Future Land Use designation of Community Mixed Use.
CONSIDERATIONS:
1. CM-G District would be a logical extension of the existing CM-G District to the west and northwest. The subject property is located near an intersection of three major arterial roadways. As was mentioned in Site Data, there are currently improvements planned for these roadways that are expected to significantly improve the flow of traffic through this intersection and would facilitate access to this property once it develops. The uses permitted in the CM-G District would provide needed services to surrounding residents and employees.
2. The scale and intensity of development permitted in the NRMU District and the CM-G District are not substantially different. For example, both districts permit up to 80% lot coverage and a maximum building height of 65 feet. A tabular comparison of some of the General Regulations for each district is provided in the Permitted Use Table.
3. If rezoned, development of the subject property would be subject to all compatibility requirements, such as buffering and screening, in Section 35.13 which would help minimize nuisances between the potential commercial use and adjoining residential districts.
4. The proposed rezoning would encourage a more cohesive development pattern in the vicinity of the subject property. A recent rezoning left the subject property as an isolated pocket of NRMU District within a larger unplatted tract of land with NR-6 District on the eastern side and CM-G District on the western side. Rezoning the remaining area with the NRMU District designation to CM-G District would result in only two zoning designations on the larger tract and thus facilitate more cohesive development of the property.
5. Per Section 35.3.4.B of the Denton Development Code, the following criteria shall be considered for a rezoning request: The proposed rezoning conforms to the Future Land Use element of the Denton Plan 2030. The Future Land Use designation for the surrounding area is Community Mixed Use. The requested rezoning to CM-G District conforms to this designation. Permitted uses and general regulations for lots in the CM-G District are consistent with the type of development intended by the Community Mixed Use designation.
6. Per Section 35.3.4.B of the Denton Development Code, the following criteria shall be considered for a rezoning request: The proposed rezoning facilitates the adequate provision of transportation, water, sewers, schools, parks, and other public requirements and public convenience. Water, sewer, and public access are all available the property along Hobson Lane.
STAFF RECOMMENDATION:
Staff recommends approval of the request as it is compatible with the surrounding property and is consistent with the goals and objectives of the Denton Plan 2030.
OPTIONS:
1. Recommend approval as submitted.
2. Recommend approval subject to conditions.
3. Recommend denial.
4. Table the item.
PUBLIC NOTIFICATION:
To comply with the public hearing notice requirements, 6 notices were sent to property owners within 200 feet of the subject property, 19 courtesy notices were sent to physical addresses within 500 feet of the subject property, a notice was published in the Denton Record Chronicle, and signs were placed on the property. Two responses, one in favor and one in opposition to the request, have been received as of the issuance of this report. A neighborhood meeting has not been scheduled as of the issuance of this report.
PROJECT TIMELINE:
Application Received: February 21, 2017
1st Submittal Sent to DRC Members: March 15, 2017
Comments Released to Applicant: March 30, 2017
Business Days under DRC Review: 11
Business Day out to Applicant: 0
Total Business Days: 11
EXHIBITS:
• Aerial Map
• Existing Zoning Map
• Future Land Use Map
• Proposed Zoning Map
• Permitted Uses
• Notification Map
Respectfully submitted:
Shandrian Jarvis, AICP
Development Review Committee Administrator
Prepared by:
Hayley Zagurski
Associate Planner