PDF Packet

 NOTICE OF MEETING
OF THE
PLANNING & ZONING COMMISSION
OF COPPERAS COVE, TEXAS
An agenda information packet is available for public inspection
on the City’s Web Page, www.copperascovetx.gov,
under the "Government" tab.
Notice is hereby given that a Regular Planning & Zoning Commission Meeting of the City of Copperas
Cove, Texas, will be held on March 25, 2013 at 6:00 p.m. in the City Council Chambers at 507 South
Main Street, Copperas Cove, Texas 76522, at which time the following subjects will be discussed:
A.
CALL TO ORDER
B.
INVOCATION AND PLEDGE OF ALLEGIANCE
C.
ROLL CALL
D.
APPROVAL OF MINUTES - None.
E.
PUBLIC HEARING/ACTION
1.
Public hearing, discussion and recommendation to Council on an amendment to the Future
Land Use Plan in the area of 802 West Avenue B. Chris Stewart, City Planner.
2.
Public hearing, discussion, and recommendation to Council on a request to rezone Lots 1-8,
Kielman Subdivision, locally known as 802 West Avenue B, from R-2 (Two-Family
Residential) to R-3 (Multifamily Residential) with a conditional use permit to allow the
operation of certain uses. Chris Stewart, City Planner
F.
DISCUSSION/ACTION ITEM - None.
G.
STAFF REPORT
H.
FUTURE AGENDA ITEMS
I.
ADJOURNMENT
City Council Chambers is wheelchair accessible and accessible parking spaces are available. Requests
Planning & Zoning Commission - March 25, 2013
Page 1 of 2 City Council Chambers is wheelchair accessible and accessible parking spaces are available. Requests
for accommodations or interpretive services must be made 48 hours prior to the meeting. Please contact
the City Secretary at (254) 547-4221, (254) 547-6063 TTY, or FAX (254) 542-8927 for information or
assistance.
I, the undersigned authority, do hereby certify that the above Notice of Meeting of the Planning and Zoning
Commission of the City of Copperas Cove was posted at ______________, March 22, 2013 , on the
glass windows of the City's General Administration Offices, 207 South 3rd Street, Copperas Cove, TX, a
place convenient and readily accessible to the general public at all times.
________________________________
Jane Lees, TRMC, CMC, City Secretary
Planning & Zoning Commission - March 25, 2013
Page 2 of 2 E. 1. P&Z
Meeting Date: 03/25/2013
Contact: Chris Stewart, , Planning
Information
SUBJECT
Public hearing, discussion and recommendation to Council on an amendment to the Future Land Use
Plan in the area of 802 West Avenue B. Chris Stewart, City Planner.
BACKGROUND/HISTORY
Concurrent with the request to rezone 802 West Avenue B (next agenda item) is the need to consider an
amendment to the Future Land Use Plan. The current Future Land Use Plan in this area shows Low
Density Residential. The uses proposed, as outlined below, are not consistent with the current future
land use designation:
• Convenience Store
• Accounting, Auditing, Tax & Bookeeping Services
• Computer Service
• Insurance Agents, Carriers and Brokers
• Real Estate Agent, Brokers Management
• Beauty and Barber Services
• Laundering and Dry Cleaning
• Bakery Products
Previous review of this site indicates that is shallow and encumbered by drainage at its western edge and
that development could have impact on the adjacent uses.
FINDINGS/CURRENT ACTIVITY
The review of land use plan amendments includes a review for land use intensity, land use quantity, and
land use compatibility. Following this review, guidance questions help make the appropriate decision.
Land Use Intensity
The north side of Avenue B is currently designated Low Density Residential. The adjacent areas to the
north are single-family, low density residential. Because of the relatively narrow depth of the lots along
this stretch, less intense land use is generally considered preferable to avoid negatively impacting the
adjacent single family area.
However, a Special Area designation designates that the mix of uses and their integration into the area
can make a successful development. More specifically, it takes into account the intensity of the specific
uses above and potential impacts to the adjacent single-family residential homes and those across the
street, in the form of potential visual impact, noise impact, lighting, and odor. Staff considers that the
conditions set forth in the next agenda item could provide compatibility for commercial-type uses within a
multifamily district.
Land Use Quantity
There is currently ample retail and commercial property in the City, and ample commercial and retail land
use in the area. There are relatively limited areas for medium density residential. However, there are few
instances of neighborhood convenience services appropriate for a residential area in the City, thereby
requiring residents to commute to larger concentrations of commercial and retail uses, such as those
along US 190, for even basic necessities.
Land Use Compatibility
Amending this area to a Special Area designation with the uses outlined above would take advantage of
the Avenue B major collector frontage and aid in getting a difficult, vacant area cleaned up and
contributing higher taxable value. However, given the intensity and shallow lot depth, could present
conflict at the higher intensity zoning classifications. Nonetheless, the conditions set forth in the next
agenda item to approve a rezoning request for this property could provide compatibility with surrounding
residences, and mitigate against potentially unfavorable impacts, in the form of visual impact, noise
impact, lighting, and odor, etc.
The guidance questions are as follows:
1. Will the proposed change enhance the site and the surrounding area?
2. Is the proposed change a better use than that recommended by the Future Land Use Plan?
3. Will the proposed use impact adjacent residential areas in a negative manner? Alternatively, will the
proposed use be compatible with, and/or enhance, adjacent residential areas?
4. Are uses adjacent to the proposed use similar in nature in terms of appearance, hours of operation,
and other general aspects of compatibility?
5. Does the proposed use present a significant benefit to the public health, safety, and welfare of the
community? Would it contribute to the City’s long-term economic well-being?
ACTION OPTIONS/RECOMMENDATION
City staff recommends that the Future Land Use Plan be amended in the area of 802 West Avenue B to a
Special Area designation commensurate with the conditions set forth in the rezoning request described
in the next agenda item.
Attachments
Future Land Use Plan Map
Future Land Use Plan Map - 800 Block W. Avenue B
Data displayed were gathered
by the City of Copperas Cove
for municipal purposes.
No guarantee is made
regarding suitability for
any other use or purpose.
E. 2. P&Z
Meeting Date: 03/25/2013
Contact: Chris Stewart, , Planning
Information
SUBJECT
Public hearing, discussion, and recommendation to Council on a request to rezone Lots 1-8, Kielman
Subdivision, locally known as 802 West Avenue B, from R-2 (Two-Family Residential) to R-3 (Multifamily
Residential) with a conditional use permit to allow the operation of certain uses. Chris Stewart, City
Planner
BACKGROUND/HISTORY
This item involves a rezoning request for 802 West Avenue B, to consider changing the zoning from R-2
(Two-Family Residential) to R-3 (Multifamily Residential) with a conditional use permit to allow the
operation of the following uses:
• Convenience Store • Accounting, Auditing, Tax and Bookeeping Services • Computer Services • Insurance Agents, Carriers and Brokers • Real Estate Agent, Brokers and Management • Beauty and Barber Services • Laundering and Dry Cleaning • Bakery Products The property owners, Ron and Barry Lightfoot, have previously requested rezoning for this property,
including a request that came before the Planning and Zoning Commission and City Council in
September and October of 2012, requesting that the property be rezoned to B-4 (Business) in order to
permit business uses. At that time, however, the request was denied, reasoning that the shallow depth of
the lots made it difficult for the broad set of permissible uses to be fully compatible with adjacent single
family lots. A similar request for rezoning to B-4 (Business) was also made in 2007. The Commission
had recommended a B-2 zoning at that time; however, the request was withdrawn as it went to Council
consideration.
The current request involves permitting the conditional uses outlined above. This process provides the
community and neighboring property owners with security that the uses would remain more compatible
with the surrounding neighborhood. The new provisions under Section 20-16 of the Code of Ordinances
provides specific considerations that the City can make when considering a conditional use, in order to
further ensure the compatibility of that conditional use to surrounding properties.
FINDINGS/CURRENT ACTIVITY
Comprehensive Plan
The Comprehensive Plan envisions the area to be low density residential, utilizing Avenue B as the
separating tool between retail to the south of the road and the residential area to the north and behind the
current tract. Thus, the request to rezone is not consistent with the Future Land Use Plan at this time.
However, the previous agenda item involves amending the Future Land Use Plan in this area to "special
area", allowing for a mixture of uses and special consideration that are covered by the conditional uses
outlined in this request.
Land Use Compatibility
Staff has identified the potential for impact to the adjacent single-family residential homes and those
across the street, in the form of potential visual impact, noise impact, lighting, and odor. Staff considers
that the following conditions could provide compatibility for commercial-type uses within a multifamily
district.
Permitted Uses
In addition to those uses identified by right for the R-3 district, the following uses would be permitted
compatibly:
• Convenience Store
• Accounting, Auditing, Tax & Bookeeping Services
• Computer Service
• Insurance Agents, Carriers and Brokers
• Real Estate Agent, Brokers Management
• Beauty and Barber Services
• Laundering and Dry Cleaning
• Bakery Products
Setbacks
• 25' rear setback. Staff estimates that the houses range between 60 feet to 100 feet from the back of the
802 W. Ave B property line. 25' is the minimum setback required for an R-3 (Multifamily Residential)
district. Any reduction of the setback below 25' would require the consideration of a variance by the
Board of Adjustment.
Fencing
• 6' solid fence along back of property
• 5' wide landscaped area, designed for hedges, shrubs, or other plants that would grow to 8' to 10' in
maturity to provide additional screening from the neighboring residences.
Screening
• Mechanical equipment, including those on the roof of the building, must be screened from the
neighboring residences.
Height
• Building height to be no more than 35', consistent with the requirement for the R-1, single-family
residential district
Bulk/Massing/Scale
• Provide facade articulation every 30' to 40' of the building frontage to compliment surrounding dwelling
units.
• Roof must have a minimum of a 2.5/12 pitch to compliment residential area.
Site Development
• Solid waste enclosure required and must be located no closer than 100' from any existing residence
• Must provide a minimum of 2 trash receptacles along the front of the building
• Show a clear pedestrian route to the front of the building and appropriate pavement marking on
construction plans
Lighting
• Building exterior lighting and parking lot lighting should be hooded and shielded to direct light away from
the northern property line.
• Sign lighting must be interior illuminated (i.e., backlit)
Hours of Operation
• Business delivery hours limited to 6am to 7pm.
Access
The site has ample access to Avenue B, which is a major collector street. Generally, it is difficult to have
direct residential access to a major collector or minor arterial, which is a consideration for a use of
moderate intensity at the site.
In considering a conditional use application, the Planning and Zoning Commission must make all of the
following findings of fact:
1. The proposed use is in accord with the objectives of these regulations and the purposes of the district
in which the site is located.
2. That the proposed use will comply with each of the applicable provisions of these regulations.
3. That the proposed use and site development, together with any modifications applicable thereto, will
be completely compatible with existing or permitted uses in the vicinity.
4. That the conditions applicable to approval are the minimum necessary to minimize potentially
unfavorable impacts on nearby uses and ensure compatibility with existing or permitted uses in the same
district and the surrounding area, and that the prescribed zoning standards do not provide enough
mitigation of the impacts identified, thus warranting stricter standards, if so recommended.
5. The Commission has given due consideration to all technical information supplied by the applicant.
6. That the proposed use, together with the conditions applicable thereto, will not be detrimental to the
public health, safety or welfare or materially injurious to properties or improvements in the vicinity.
ACTION OPTIONS/RECOMMENDATION
Staff recommends that the Commission makes the findings as required above for its support to grant or
deny the request, and to also consider any of the above conditions that staff has outlined, along with any
other conditions that the Commission would like to set forth.
Staff recommends approval of the request for R-3 zoning, and approval of the conditional uses above,
subject to the fulfillment of the conditions listed above.
Attachments
Application
Preliminary Draft Site Plan
Zoning Vicinity Map
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DISCLAMIER:
The City of Copperas Cove makes no representation or warranty as to the accuracy of
this map and its information, nor to its fitness of use. Any user of this map product
accepts the same AS IS, WITH ALL FAULTS, and assumes all responsibility for the use
thereof, and further agrees to not hold the City of Copperas Cove liable from any
damage, loss, or liability arising from any use of the map product. Independent
verification of all information contained on this map should be obtained by the end user.
802 W. Ave B - Rezone Application
Vicinity Map
March 11, 2013
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