City CouncilDecember 4, 2012

Annexation for PetitionDiscussion and consideration of petition seeking annexation (to San Angelo’s City limits) of certain properties situated immediately west/southwest of San Angelo and encompassing  a vacant 20.00 acre tract located at the southern corner of the intersection of U.S. Highway 67 (Sherwood Way) and a southward projection of Appaloosa Trail

Petition for Annexation

Petition for Annexation• Council’s options are:

• Accept the petition for annexation, or

• Deny the petition for annexation.

Petition for Annexation (cont.)• This area is immediately adjacent to the site of The

Boulevard, a subdivision created in summer 2011;• This area is currently undergoing development as an

apartment complex (Park Place), intended for completion in late spring 2013;

• A copy of the petition was included in the background report;

Petition for Annexation (cont.)• If the petition is accepted, staff will work up an analysis

& recommendation regarding the annexation, after the required public hearings are held;

• Chapter 43.028 of the Local Government Code authorizes cities to annex sparsely occupied areas upon petition;

• Accepting the petition does not commit the city to actually annexing all or part of the land, but rather, allows the city to hear comments & allow the proponent to make their case by initiating a series of public hearings;

Petition for annexation (cont.)• Proposed schedule:

• First public hearing: December 18, 2012• Second public hearing: January 8, 2013• Introduction of ordinance: January 22, 2013• Final reading of ordinance: February 15, 2013

Zone Change

Z 12–13: Creed Partners, LLC.• A request of a Zone change from Light Manufacturing (ML)

to General Commercial (CG) to allow for "Retail Sales and Service" on the following property:

• 1601 Knickerbocker Road, approximately 230 feet from the intersection of Knickerbocker Road and South Jackson Street, in southwestern San Angelo. This property occupies 4.086 acres of the MC Neese Survey 0176.25 abstract 1641.

Six (6) notifications were sent. One in favor, one opposed.

Zoning Map

Aerial Map

Looking North on Knickerbocker Rd

Looking South on Knickerbocker Rd

Looking at the Subject Property along Knickerbocker Rd

Looking at the Subject Property along S Jackson St

Looking West on S Jackson St

Looking East on S Jackson St

Recommendation• Planning staff recommends approving this Zone

change request.

• On November 19, 2012, the Planning Commission recommended approval of the requested Zone change by an unanimous 6-0 vote.

History & BackgroundGeneral Information• Light Manufacturing (ML) zoning;

• Vacant Golden Corral restaurant, commercial parking and partially open space;

• CG & ML zoning in the area;

• Restaurants, bank branch, hotels, general construction and supply stores, beer distribution plant, dealership, dealership and student apartments.

Criteria of Application• Compatible with Plans and Policies

• Consistent with Zoning Ordinance

• Compatible with Surrounding Area

• Changed Conditions

• Effect on Natural Environment

• Community Need

• Development Patterns

Analysis – Basis for Recommendation• Compatible with Plans and Policies

− Vision Plan calls for ‘Commercial’− Area has been established as a commercial corridor− Encourage development compatible with surrounding

uses

• Appropriate transition from the current ML zoning− Recent cases allowed for ‘Retail Sales and Service’

• Nature of the area supports light to medium-density commercial development

Zone Change

Z12-15: Julie Snider• Requesting a zone change from Ranch and Estate (R&E)

to Heavy Commercial (CH), to specifically allow an Animal Crematorium, an “Industrial Service” as defined by Section 316A of the Zoning Ordinance, on the following property:

• 4126 Lake Drive, located approximately 100 feet from the intersection of Lake Drive and North Bryant Boulevard Frontage Road; more specifically occupying the Short George Addition, Blocks 9 and 10, 180’ x 484’ tract less the southwest 0.1020 acre, in west San Angelo.

Four (4) notifications were sent, one in favor.

General Map

Site Map

Aerial Map

Vision Map

Ownership Map

Looking North at subject property from Lake Drive

Looking North at subject property near the intersection of Lake Drive and North Bryant

Boulevard Frontage Road

Looking South from Lake Drive down North Bryant Boulevard Frontage Road

Looking East from subject property

OptionsIn considering this application, the Council may:• Approve the proposed zone change as originally

presented, to Heavy Commercial (CH);

• Approve the modification to this request proposed by Planning Commission, to change the zoning to what is believed to be more appropriate for the location, General Commercial (CG);

• Deny the proposed zone change.

Recommendation• Planning staff recommends approving the request as

modified by the Commission; staff recommends denying the request as originally submitted.

• On November 19, 2012, the Planning Commission recommended approval of the zone change – as proposed to be modified - by an unanimous 6-0 vote.

History and BackgroundGeneral Information• Ranch & Estate (R&E) ;

• Residential dwellings east, storage yards north, and pastures.

• North Bryant Boulevard Frontage Road is an “arterial street.”

• Lake Drive is a “collector street.”

• Annexed in 1949, property relatively unchanged since the 1970’s.

• In the 1980’s, Special Permits applied for in the area included SP 167, SP176 (withdrawn), and SP 251; mostly for mobile home locations.

History and Background• Applicable Regulations include:

Section 504. Type 3 General Outdoor Storage“…shall be allowed in unlimited quantity”

Section 303. Residential Intent Statements“A. The Ranch and Estate District is intended to provide opportunities for development of low density, detached single-family residences on lots of at least one acre in a suburban or rural setting…(it ) is also intended to serve as a holding zone for vacant land areas annexed to the City.”

History and Background

Section 304. Commercial District Intent Statements“The Heavy Commercial District is intended to provide opportunities for development of wholesale trade, retail sales, warehousing, development, repair and service establishments, heavy and bulk equipment supply dealer or other such establishments that typically are characterized by outside storage of materials or merchandise.”

History and BackgroundSection 316. Industrial Use Categories“A.3. Examples include mortuary and crematory services, not on same site as funeral home…”

• Related Comprehensive Plan Excerpts: Vision Plan. Rural. Intent and Goal 1. “Rural areas…will…come under the largest pressure to develop more intensively…(e)nsure suitability of development in Rural areas, promoting overall compatibility and avoiding overload of rural structures, especially the street.”

History and Background“Establish transition areas to better “scale-down” intensity of use from commercial centers to neighborhoods.”

“Require a buffer separating commercial, industrial, or agriculture zoned land from neighborhoods.”

“Rezone or remove any CG/CH zoning from adjacent to existing neighborhoods.”

“Ensure suitability of development in Rural areas, promoting overall compatibility.”

Criteria of Application• Compatible with Plans and Policies;

• Consistent with Zoning Ordinance;

• Compatible with Surrounding Area;

• Changed Conditions;

• Effect on Natural Environment;

• Community Need;

• Development Patterns.

Analysis – Basis for Staff Recommendation• Unlimited outside storage is not allowed in a residential

zoning district, & only allowed conditionally in a CG district.• The “industrial service” category also allows for warehouse

and freight movement, full-service vehicle repair, waste related uses such as a junk yard, and an industrial services related business such as an oilfield pipe storage complete with a shipping and machinery repair yard.

• Pairing a less intensive zoning with a Conditional Use (which the Planning Commission instructed staff to initiate on their behalf) would allow conditions to be added to help mitigate effects & avoid future uses of CH next to this large residential district.

Analysis – Basis for Staff Recommendation• CH is one of the least compatible land uses next to an

R&E district. • The Comprehensive Plan notes that CG/CH zoning

adjacent to neighborhoods should be eliminated. CH is even more intense than CG/CH. CG is less.

• The Zoning Ordinance provides for unlimited outside storage allowances for CH.

Analysis – Basis for Staff Recommendation• The Vision Plan calls for land east of the subject

property to remain rural in nature. There are better use categories that would function better next to rural areas.

• The Vision Plan calls for specific areas to be set aside for “Industrial” uses. This is not one of those, & it is important to remember the plethora of industrial properties throughout the city which are vacant.

Analysis – Basis for Staff Recommendation• The proposed zone change/industrial use does not fall in

with the intent of future land use patterns in this area. The land directly to the east of the subject property will remain R&E. Therefore, the proposed change would not be an appropriate development pattern.

Analysis – Basis for Staff Recommendation• A rezone from Ranch & Estate to Heavy Commercial is

too extreme of a change in terms of land use because • Ranch & Estate creates the least environmental impact

on land use, whereas;• Heavy Commercial allows for and potentially creates

one of the most extreme environmental impacts

• The proposed zone change would be at cross purposes with the Comprehensive Plan, the Vision Plan, and the Zoning Ordinance.

Zone Change

Z 12–14: Basil El-Masri• A request of a Zone change from a combination of Ranch

& Estate (R&E) and General Commercial (CG), to single zoning of General Commercial (CG), on the following property:

• 4028 South Bryant Boulevard, approximately 350 feet from the intersection of South Bryant Boulevard and Ben Ficklin Road. This property occupies 4.35 acres of the E Hermes Survey 0174 abstract 0349, in southern San Angelo.

Nine (9) notifications were sent. One in opposition.

Zoning Map

Aerial Map

Photographs of Subject PropertyLooking South on Bryant Blvd

Photographs of Subject PropertyLooking North on Bryant Blvd

Photographs of Subject PropertyLooking at the Subject Property on Bryant Blvd

Photographs of Subject PropertyLooking North of the Subject Property on Bryant Blvd

Recommendation• Planning staff recommends approving this Zone

change request.

• On November 19, 2012, the Planning Commission recommended approval of the requested Zone change by an unanimous 6-0 vote.

History & BackgroundGeneral Information• General Commercial (CG) and Ranch & Estate (R&E)

zoning;

• Mostly vacant commercial lot;

• CG, R&E, CH, & CG/CH zoning in the area;

• Vacant residential lot, a convenience gas station, storage facilities, general supply, a tattoo parlor, landscaping business, church and residential single-family homes.

Criteria of Application• Compatible with Plans and Policies

• Consistent with Zoning Ordinance

• Compatible with Surrounding Area

• Changed Conditions

• Effect on Natural Environment

• Community Need

• Development Patterns

Analysis – Basis for Recommendation• Compatible with Plans and Policies

− Split-lot zoning; rezoning to a single district allows for greater flexibilities with expanding the use

− Vision Plan calls for ‘Commercial’, follows aspects of the 2003 Comp Plan

• Appropriate transition to CG zoning− Less intensive than CH zoning− Matches the zoning that already exists− Leads to orderly development− Commercial nodes exists near intersections; emerging

commercial corridor

Analysis – Basis for Recommendation• Consistent with the Ordinance –

− CG zoning falls under Type 2: Limited Outdoor Storage− Vehicles do not count towards the maximum outdoor

storage− CG zoning matches the intended use

• Minimal effects on the natural environment.

• Diversifies commercial zoning in the area.

• The Conditional Use heard by the Planning Commission included a condition mandated either setbacks from the residential area or a privacy fence between it and the residential area.