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HomeMy WebLinkAboutMinutes r p&Z Minutes 7-15-82 page 6 . feet of frontage on a major thoroughfare is not enough for a commercial property and would preclude development of good access for ingress and egress. Mr. Hill said that although it was only 100 ft. wide, most residential lots are not that deep, to which Mr. Mayo repl ied that it would not necessarily have to remain that shape and size forever and perhaps would be subdivided at some future date. Mr. Hill asked if the appl icant is interested in C-3 zoning, and if it was appropriate to ask the applicant, to which Mr. Behling replied IINol1 and further that there is no nursery in C-3 permitted uses. He said that the Commission would have to recommend an amendment to the Ordinance, then it would have to be advertised and that this would take a certain amount of time. Mr. Hall advised that C-3 zoning allows other uses. Mr. Mayo said at this point he would 1 ike to recommend that staff and Commission talk to the City Attorney regarding'what can and cannot be done under our current Ordinance, and that he assumes, because the request for rezoning is for C-l, and that the permitted use for a nursery is in the C-l list, that an amendment to the Ordinance would be the way to change it to fall into C-3 permitted uses. Mr. Behling referred to the amendment to change lumberyard classification, and Mr. Kelly affirmed that an amendment would be the only way to change the classification of a particular use. Mr. Hill thought that perhaps a greenhouse/nursery could fall under the "retail sales and servicell use listed under C-3 permitted uses. Mr. Mayo said that it might be a possibil ity, but again stated he thought consultation should be made with the City Attorney before any action is taken. Mr. Hill asked if the appl icant should speak to the question of the desirabil ity of C-3 zoning, or should the Commission make a decision on C-l zoning. The appl icant was asked if she was interested in C-3, C-l or to wait for Conditional Uses to be studied, to which Mrs. Jordan said that she had planned to now ask for C-3 and qual ify for the lower traf- fic category, and would 1 ike for the Commission to look into this. . Mr. Hill then made a motion to table Attorney concerning this proposed use motion. Motion carried unanimously. August 5th agenda. this item until consultation was made with the City fall ing under C-3 zoning. Mr. Hall seconded this Staff was then instructed to get this back on the Mr. Behl ing then asked if the appl icant would be satisfied with R-l zoning and a condi- tional use permit to which the appl icant repl ied that she was only interested in some type of commercial zoning (C-l or C-3). AGENDA ITEM NO.3: 82-128: Mr. Behl ing explained to the publ ic hearing that the Commission would be short a member to make a quorum on this item because Mr. Kelly would be abstaining, and 3 members are not a quorum, so this agenda item would have to be tabled until the next meeting which will be on August 5, 1982. AGENDA ITEM NO. 15: Other Business Mr. Behl ing announced that a workshop with the planning consultants covering the proposed Plan 2000 would be on Tuesday, July 20th at 4:00 p.m., and asked that the Commission bring in any of their own proposed changes in writing to the Planners. Mr. Mayo stated that this would not be a publ ic hearing, but that it would be a publ ic meeting. Mr. Behl ing then asked staff to ready a report on the parkland dedication in the Emerald . ~ Forest Subdivisions and have Mr. Beachy present it, perhaps at the next meeting. Mr. Hill asked when a new landscape Ordinance would be finished, and Mr. Mayo repl ied that hopefully staff would have a plan within a month, and asked the Commission to please give staff any input, because staff does want help with this. ...... --J ~ f Planning & Zoning Commission Agenda Items, August 5, 1982 CASE NO. 82-126 - Requested A-O to C-1, part of Block 4, Harvey Hillsides: This request has been tabled by the Commission twice. At the last meeting of the Commission the applicant requested that C-3 rather than C-1 ~ Commercial Zoning be considered. The City Planner has prepared and presented land use recommendations for the Harvey area. This area was reflected as Low Density Residential with commercial uses reflected in other areas. This also corresponds with the preliminary land use plan presented by our consultants. Council consideration of this item is tentatively scheduled for August 12, 1982. CASE NO. 82-128 - 16.168 acres requested R-l to C-1, General Commercial and R-5 Medium Density. This tract is located on the south side of Southwest Parkway approximately 500 feet east of Texas Avenue. The tract abuts the 9.3 acre tract recommended for C-1 zoning by the Commission on June 17, 1982. The C-1 portion of the request is 6 acres in area, has 360 feet of frontage, and 730 feet of depth. The R-5 por- tion of the request for the remaining 10.168 acres has 676 feet of frontage and would accommodate a maximum of 244 dwelling units. Current zoning in the vicinity includes R-1 Single Family, R-2 Duplex, R-7 Mobile Home, C-l General Commercial. Adjacent tracts fronting on Southwest Parkway are currently vacant. An existing mobile home park abuts this tract along the southern boundary. Land uses in this area along the north side of Southwest Parkway in- clude existing duplexes, a vacant commercial area, and a commercial development at the intersection of Southwest Parkway and Texas Avenue. The vicinity of this tract was included in the land use recommendation prepared by the City staff and a subcommittee of the Planning and Zoning Commission for the overall area. The area of the subject tract was recommended for Medium Den- sity Residential uses. Use of this tract for possible mobile home development was also favorably considered. Adequate water and sewer capacities are available for the densities requested. Preliminary information on sewer capacities in this area indicate that R-5 zoning on 10.168 acres or R-4 zoning on the entire tract in conjunction with existing zoning in the area would require all available sewer capacity in this area. This is based on the zoning classifications in effect March, 1982. >' Planning & Zoning Commission Agenda Items, August 5, 1982 The vicinity of this tract is reflected as Low Density Residential on the current land use plan. The latest preliminary land use plan presented by our planning consultants reflects this area as Medium Density Residential with a commercial area at the intersection of Southwest Parkway and Texas Avenue. This commercial area was provided for by the Commission on June 17 when C-1 zoning was recommended for the 9.3 acre tract located at that intersection. In the staff memorandum of July 8, 1982, a Multi-Family zoning classification in accordance with the preliminary land use plan for Plan 2000 and the staff-P&Z sub-committee recommendation was recommended. In light of the preliminary information received concerning sewer capacities the following recommendation is offered for this tract: 1. The 10.168 acres of requested R-5 should be a lower density residential district such as R-3 Townhouse. 2. The 6 acres requested C-l should be A-P Administrative Professional. A-P zoning is recommended as it is the least water and sewer intensive commercial zone. C-l zoning would allow hotels, restaurants, washaterias as well as other sewer intensive uses. C-3 zoning would also allow washaterias and car washes. A-P zoning is also recommended in the preliminary comprehensive plan as an appropriate use between residential areas and more intense zoning districts such as C-l. P&Z 8-5-82 page 4 . Jordans are ~roposing. They want to use their proposed greenhouse/nursery for both commercial and retail purposes. Mr. Miller then said that the retail use would pre- clude including this project in A-O zoned land. Mr. Mayo then pointed out that C-3 zoning is not designed for a business as large as this could become. Mr. Miller said that it would have been nice if the Jordans could have operated in either A-O or C-3 zoning. Mr. Miller then made a motion to deny the C-l zoning request. The motion died for lack of a second. Mr. Fleming then made a motion to approve the request for C-l zoning. The motion died for lack of a second. Mr. Miller then made a motion to deny C-l zoning request; Mr. Hall seconded the motion, which died because of a spl it vote (2-2). Mr. Hall then said'again that A-O zoning would allow a greenhouse for commercial use. It was pointed out that the Jordans would not have retail sales of such things as tools, gardening equipment, etc. Mr. Miller said it was not the business, it was the zone he is against, and it is his opinion that this project can be put in the A-O zoning. He suggested that the applicant operate the nursery in the A-O (existing) zoning. Mr. Kelly asked what would happen if the Jordans decided to begin a retail sales business, and he was told that it would be turned over to the City Attorney and the courts to decide. Mr. Miller said that the existing A-O zoning would be more restrictive than C-l zoning. Mr. Hall said there was a possibil ity they could continue to grow, and the real question would come when they put up their signs to sell their plants. He added that at that time, they might be able to transport their wares to another location to sell. Mr. Miller again made a motion to deny the request for C-l zoning. Mr. Hall seconded the motion. Motion carried 3-1 with Mr. Fleming voting against denial. . AGENDA ITEM NO.6: 82-128: A publ ic hearing on the question of rezoning a 16.168 acre tract of land on the South side of Southwest Parkway approximately 600 feet east of Texas Avenue from Single Family Residential District R-l to General Commercial District C-l and Apartments Medium Density District R-5. Application is in the name of Morris F. Hamilton, Jr. Mr. Callaway explained that the applicant wanted to withdraw this agenda item, to be resubmitted in another form and heard at a later date as a new agenda item. This was then so done. AGENDA ITEM NO.7: nek Subdivision. 82-313: A Prel iminary Plat - 13.83 acres of the Herman Kre- Mr. Mayo presented the plat, and indicated the appl icant has indicated that all recom- mendations made on the Presubmission Report can be handled, and that the staff recom- mends approval of this plat if all conditions 1 isted on that report are met. Mr. Miller asked what the zoning of this land is currently, and was informed that Lots 1&2 are C-l; Lot 3 is R-4 and Lots facing Cornell are R-2. Mr. Miller made a motion to approve the plat; Mr. Fleming seconded. Mr. Hall asked if this motion to approve included the conditions made on the Presubmission Report. Mr. Miller said it did, and should become part of the motion. Motion then carried unanimously. . AGENDA ITEM NO.8: 82-431: Consideration of a Parking Lot Plan for parking rental trucks for U-Haul, located on Poplar at Texas Avenue. Mr. Mayo explained the proposal, and indicated staff recommends denial of this project because the lot is too small for this type use and could not meet Ordinance requirements. ~ . . . ~ - P&Z Minutes 8-19-82 page 3 the permit were apparently of the opinion that this day care center could be injurious to the neighborhood. Those people in favor of this permit have indicated this center would cause no inconvenience in the neighborhood, but those residents in the neighbor- hood have said that the noise and traffic have increased. In addressing the issue of property values, some have indicated the center would hurt them, some have said they would not be hurt, but none have stated that this day care center would enhance the values of residences in the neighborhood. Concerning deed restrictions which have been mentioned, Mr. Hall stated that although this Commission is not a body to enforce deed restrictions, it should be taken into consideration that the people who own property in this neighborhood had bought their property thinking that the deed restrictions would be effective. He further continued that it was his opinion that it would be hard to deny an additional amount of children in the future if the Commission would agree to allow Mrs. Mills to have 6 children now. He stated that this is a business in a neighborhood, and that the Commission can only regulate this type in this location, but there could perhaps be the possibil ity of having more requests for day care centers since the demand seems to be so great. He then addressed the issue of safety and said that there are no sidewalks in this neighborhood, and at least some traffic would be added which could be construed as being offensive because the Langford cul-de-sac was not designed for heavy traffic and those people who bought property on a cul-de-sac expected traffic only to be to the homes in this strict residential neighborhood. He then pointed out that the issue was not whether the Commission was in favor of this day care center,or if Mrs. Mills is a good babysitter, but rather if she should be allowed to have more than 3 children in her home to care for, for money, at a time. Mr. Hall then made a motion to deny the Conditional Use Permit. Mr. Fleming seconded the motion. Mr. Miller then discussed the issue, saying that relevant points had been made by both sides, but that this particular neighborhood is different because of the traffic from the location of the high school, the large number of children 1 iving on the street, and the fact that there are other businesses already operating in this neighborhood. Mr. Fleming pointed out that people who bought property in this neigh- borhood knew in advance that the high school was there and would be adding to the traf- fic count, but they did not know in advance of their purchase about a day care center. He then addressed the businesses already operating in the neighborhood stating that they were permissible, but that this day care center was not permissible for over 3 children. Mr. Miller said that it was his opinion that if she continued with only 3 children, or was allowed to have a maximum of 6 children, that nothing will change in the neighborhood. At this point, Mr. Behling urged residents who had questions concerning deed restrictions to pursue that through the proper channels. Votes were then cast: 3 commissioners voting in favor to deny the conditional use per- mit; 4 commissioners voting against the motion to deny the permit. Motion failed. Mr. Miller then made a motion to approve the issuance of a Conditional Use Permit to Andrea Mills which 1 imits the number of children in attendance to 6 children, and with a further stipulation that a fence must be completed on both sides of the house facing Langford. Mr. Hill seconded the motion. Motion carried 4-3. Mr. Behl ing then declared a short recess. AGENDA ITEM NO.6: 82-133: A public hearing on the question of rezoning approxi- mately 16.168 acres on the south side of Southwest Parkway approximately 600 feet east of Texas Avenue, from Single Family Residential District R-l to Planned Commercial Dis- trict C-3 and Administrative Professional District A-P. Appl ication is in the name of Morris F. Hamilton, Jr. Mr. Kelly excused himself from the Commission. / , . . . .~ P&Z Minutes 8-19-82 page 4 Mr. Callaway presented the request and located the land in question on a map. He then pointed out the Land Use Recommendation Map, and informed the Commission that staff recommends that the land use recommendations be upheld and the requested A-P land should be R-3 (or R-4 or R-S if the sewer capacity can handle it), and the requested C-3 should be A-P. Mr. Bailey asked about a creek in the area, and Mr. Callaway located it on the map. Mr. Hall asked why the appl ication for the rezoning had not been completely filled out and stated that he prefers that all blanks be completed because he finds the comments on the appl ication enl ightening when study- ing the request. He went on to ask Mr. Callaway if staffls recommendations had been discussed with the appl icant, to which Mr. Callaway repl ied that they had been discussed with the applicant's representative. At this time Mr. Mayo interjected that the size of the requested C-3 land was entirely too large and that the purpose of establ ishing C-3 zoning was to accommodate tracts of land smaller than those necessary to accommodate C-l businesses. Mr. Hill asked Mr. Callaway if staff would have made these recommendations without the sewer information to which Mr. Callaway repl ied that staff would not recommend any initiation by the P&Z at this time. The public hearing was opened. Ron Cruse spoke in favor of the rezoning as a representa- tive of the owner of the property. He gave the background to the request and 1 isted the reasons the initial requested rezoning had been changed to this request. He stated that a requested R-S zoning for 10.168 acres had been changed to A-P because the combina- tion of the creek and A-P zoning would be good buffer area. Mr. Hall asked about the 6 acres left, and Mr. Cruse said that originally C-l had been requested, and the appli- cant had heard the concerns the Council and staff had about high traffic, and then changed the request to C-3 for a small shopping center. Mr. Hall then said that the discussion of Agenda Item No. 18 might have a bearing on he outcome of this request. Mr. Hall asked Mr. Hamilton if he would be able to use the entire 16 acres for A-P and Mr. Hamilton said that he could not answer that right now. Then Mr. Hill said that since Mr. Hamiltonls plans are indefinite right now, would he consider making 10 acres A-P and leaving the other 6 acres as ~s until the plans are firm, to which Mr. Hamilton agreed. Mr. Behl ing closed the publ ic hearing and then advised Mr. Hill that he would prefer to come up with something for the entire 16.168 acres. Mr. Bailey said that he bel ieved that this area has been sufficiently studied and that the consensus was that no more commercially zoned land was needed in this area. Mr. Miller agreed stating that he had helped with the study for almost a year and that the plan arrived upon was for medium- type residential zoning for his area, and that he does not see the need for any addi- tional commercial or A-P zoning here. He went on to say there is lots of unoccupied commercially zoned space available right there in the area. Mr. Miller made a motion to deny the request based on staff warnings of overloading the sewer capacity and his personal feel ings that no more commercially zoned land is necessary in that area. Mr. Bailey seconded the motion. Motion carried with S votes in favor to deny, 1 against (Behl ing) and 1 abstention (Kelly). Staff was instructed to take this rezoning request to the Council with a negative recommendation. AGENDA ITEM NO.7: 82-132: A public hearing on the question of rezoning 4 tracts of land containing a total of 8.S acres and located north of the intersection of Texas Avenue and State Highway 6 Bypass in an area bounded by Texas Avenue, State Hwy. 6 By- pass, and the southern boundary of the Bernadine Estates Subdivision, from District C-l General Commercial and District A-P Administrative Professional to District A-P Administrative Professional. This action has been initiated by the Planning and Zoning Commission of the City of College Station. Mr. Callaway gave the background of the zoning of this land and located the 4 tracts . . . ~ , MINUTES REGULAR CITY COUNCIL MEETING THURSDAY, SEPTEMBER 9, 1982 7:00 P.M. COUNCIL MEMBERS PRESENT: Mayor Halter, Councilmen Boughton, Nemec, Jones, Ringer, Prause, Runnels COUNCIL MEMBERS ABSENT: None STAFF PRESENT: Asst. City Manager VanDever, Director of Capital Improvements Ash, City Planner Mayo, City Attorney Denton, Deputy City Secretary/Council Coordinator Martin, City Secretary Jones, Administrative Asst. Nowlin, Tax Assessor-Collector Dickson, Deputy Finance Director Schroeder, Asst. Director of Planning Callaway, Asst. Parks and Recreation Director Czimskey, Asst. Planner Longley VISITORS PRESENT: See guest regis~er. Mayor Halter signed a proclamation designating September 3-12, 1982 as Drunk Driver Awareness Week. Agenda Item No. 1 - Approval of the minutes of the Workshop City Council Meeting, August 25, 1982 and the Regular City Council Meeting, August 26, 1982. Councilman Boughton moved to approve the minutes as read. Councilman Prause seconded the motion which passed unanimously. Agenda Item No. 2 - Public hearing on the question of rezoning approximately 16.168 acres on the south side of Southwest Parkway approximately 600 feet east of Texas Avenue from Single Family Residential District R-l to Planned Commerical District C-3 and Administrative Professional District A-P. Application is in the name of Morris F. Hamilton, Jr. [82-133J Mayor Halter stated that the Council has received a letter requesting that they table this item. He indicated that all cost of notifications or any other fees will be paid for by Mr. Hamilton. Councilman Runnels moved to table this item. Councilman Boughton seconded the motion which passed unanimously. Agenda Item No. 3 - Consideration of an Ordinance rezoning the above tract. This item was also tabled with Item No.2. Agenda Item No. 4 - Public hearing on the question of rezoning 4 tracts of land containing a total of 8.5 acres and located north of the intersection of Texas Avenue and State Highway 6 Bypass in an area bounded by Texas 03628