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HomeMy WebLinkAboutMinutes r . . . ...... MINUTES Planning and Zoning Commission CITY OF COLLEGE STATION, TEXAS November 4, 1982 7:00 P.M. MEMBERS PRESENT: Chairman Behl ing, Members Kelly, Fleming, Hill, Bailey, Miller and Hall; also Council Liaison Runnels. MEMBERS ABSENT: None STAFF PRESENT: Director of Planning Mayo, Assistant Planner Longley and Planning Technician Volk. AGENDA ITEM NO.1: Approval of Minutes - meeting of October 21, 1982 Mr. Hill requested that a change be made in the wording of the motion he made concerning the Chimney Hills Retail Plaza and to bring back this change at the 11-18-82 meeting. Wording of this motion changed to the following: "Mr. Hill made a motion to remove the condition set down by the Commission on 8-5-82 which precluded issuance of a Certificate of Occupancy until the landscaping plan was approved and the landscaping completed on the Chimney Hills Retail Plaza.'1 Mr. Miller seconded. After discussion the Commission agreed that the C.O. was to be issued only for the bowl ing alley portion of the Plaza and that no other C.O. 's would be issued in the Phase I portion until that landscaping is complete. Motion carried with Mr. Fleming voting in opposition. Mr. Hall pointed out that on page 7 under Other Business, the second paragraph, "parking'l should be changed to I'parkland". Mr. Hill informed the Commission that a]so under Other Business, "Ray's Country Store" should be "Rhea's Country Storell. With the above changes, Mr. Hall made a motion to approve the minutes, Mr. Hill seconded. Motion carried 5-0 with one abstention (Kelly) and one Member absent at time of voting (Fleming). AGENDA ITEM NO.2: Hear Visitors No one spoke. AGENDA ITEM NO.3: 82-140: A public hearing on the question of rezoning all of Lot 1, Block 4, Anderson Ridge Corporation Section 2, located on the north side of Holleman approximately 650 feet west of Texas Avenue, from Single Family Residential District R-l to Planned Commercial District C-3. A lication is in the name of Anderson Rid e Corp. J.W.Wood Mr. Mayo explained the request and located the land on a map. He informed the Commission the size of this tract is larger than the 3 acre maximum C-3 tract recently approved by the p&Z. He also pointed out the residential area which is in close proximity to this tract, and that the plan for this area is medium density residential, therefore staff does not recommend approval of this request. The public hearing was opened and J.W.Wood came forward to explain the request and the project which is planned to go on this land. He said he had not been aware at the time offil ing the request that a 3 acre maximum had been set for C-3 zoning districts, but that it would not be a problem, and changes could be made around a tract of 3 acres. .JI P&Z Minutes 11-18-82 page 2 eliminating extra traffic on Todd Trail. She then stated she had checked with realtors concerning property values and had been advised that a daycare center in her home would not be a detriment to property values in the neighborhood. She said she feels that safety in the neighborhood and her relationship with her neighbors is much more important to her than operating a daycare center. She also said she would not have to hire extra help when her 2 younger children are at home to meet state requirements, because she also has an 18 year old and a 21 year old who would be at home to help during those hours. Mr. Kelly asked Mrs. Lundberg when she had gotten her state permit and she said she has just applied for it, but not until after she had applied for this City permit. Mr. Fleming asked if she was aware of recent publ icity of another daycare appl ication in this City and she repl ied that only recently had she been made aware of the circumstance. Mr. Kelly asked if she was cognizant of the deed restrictions concerning her property, and she replied that she is not. Mr. Fleming asked if she had ever considered moving her operation to an area zoned commercial, and she replied that she wants to stay in her home, and that many mothers want this type of sitter for infants. Mr. Hall asked if she considers this a business and she repl ied that she does not. He further asked her what times the children would be there, and she said that one comes at 7:45 and one at 8:15, and one part time child comes at 8:10 and another part time child comes around 10, and all leave between 5 and 5:30 p.m. except one. She was asked what time the school bus comes and she could not answer that question, but Mr. Friedman answered that it comes around 11 :30. Mr. Kelly said he had driven through the neighborhood at 8:15 a.m. and had met the school bus, but had to wait for it to go by because the street was not wide enough for him to meet it with the 9 cars parked at various intervals on the street in that area. The publ ic hearing was closed. Mr. Bailey read the definition of Home Occupations from the current Zoning Ordinance. Mr. Kelly pointed out that child care facilities are per- mitted in private homes. Mr. Hall read from the Zoning Ordinance that the IIproposed use will not be detrimental to the health, welfare and safety of the surrounding neigh- borhood or its occupants, nor be substantially or permanently injurious to the neigh- boring property", and this is what makes the difference betw~ an acceptable home occu- pation and one that is not acceptable; further that the Commission many times cannot make this judgment, but the neighbors can, and the concensus of many neighbors opposing this daycare center should carry a great deal of weight when the Commission considers whether or not to grant this conditional use permit. Mr. Bailey informed the publ ic that they had 10 days to appeal the decision of the Commission if they are not satisfied with it. Mr. Kelly and Mr. Fleming disagreed. Mr. Fleming then made a motion to deny this request for a conditional use permit and Mr. Bailey seconded the motion. Motion to deny carried 4-1 with Mr. Behl ing voting against it. Then Mr. Behl ing stated that an appeal of this decision can be made to the City Council within 10 days if desired, and referred to Section 10-C.2.5. of the Zoning Ordinance. AGENDA ITEM NO.4: 82-140: Reconsideration of a rezonin re uest of all of Lot I, Block Anderson Ridge Corporation Section 2, located on the north side of Holleman approximately 650 feet west of Texas Avenue, from Single Family Residential District R-l to Planned Commercial District C-3. Application is in the name of Anderson Ridge Corpor- ation (J.W.Wood). Mr. Bailey made a motion to bring this item from the table; Mr. Fleming seconded. Motion carried unanimously. Mr. Callaway then explained that the City Council has approved an amendment to C-3 zoning ordinance which restricts the allowable lot size of a C-3 tract to 3 acres, but that it will be about 10 days before this amendment is in effect. He then pointed out rc.L l'II'IULe:> 11-18-82 page 3 that staff recommended, and P&Z approved, the 3 acre maximum, and that the Commission should not exceed its recommendations. He further explained that the Consultants had recommended A-P zoning in this area, and therefore, this request for a combination of C-3 and A-P would not be entirely inconsistent with future planning. Mr. Kelly asked if there is sewer capacity for C-3 uses and Mr. Callaway said there is, with the exception of a car wash. J. W. Wood came forward and went to a map on the wall and explained that the request is now for 3 acres of C-3 zoning, with the remainder to be A-P, and further that the frontage on Holleman should be split 50/50, with half being A-P and the other half being C-3. Mr. Kelly asked what width the IIproposed streetll was, and Mr. Wood answered that it would be the same width as others, but that he would propose this street not be developed due to the Cityls changes in planning. The publ ic was invited to speak, but no one spoke. Mr. Fleming asked about access to Park Place and Mr. Wood indicated that it would only be secondary access for emergency vehicles and not a primary access. Mr. Bailey said this could be controlled on the site plan. Mr. Fleming asked if there would be a problem if access to Park Place was limited, and Mr. Hall questioned if this could be done on a rezoning request. Mr. Behling advised that it could not be done now, but it can be done on a site plan and a recommendation can be made now. Mr. Hall asked if this request is for A-P and C-3 or simply C-3. Mr. Wood advised that it is now for A-P and C-3. Mr. Hall asked if we could do this without renotification of neighbors and Mr. Callaway advised that the City Attorney has advised him that this can be done if the change is minor in nature, as is this request. Mr. Hall then ques- tioned the relocation of a boundary line which would change what is shown on the map presented tonight, and Mr. Wood offered to relocate the line on the spot, and did so. Then Mr. Callaway advised that metes and bounds would have to be furnished before the ordinance for rezoning would go to Council for approval, and that this change is acceptable as long as everyone on the Commission understands what is being done, and also as long as the legal description is not greatly changed. If the legal description changes greatly, the Council will be advised by staff before they rule. It was then agreed that when the I ine is established between the C-3 and A-P zoning, the frontage of each tract on Holleman should be equal, and the boundary on Park Place should remain where it is shown on the present map on the wall. Mr. Wood drew the I ine and it was then establ ished that frontage on Holleman would be approximately 159 feet for each zonin~ district, with a 254 foot rear dimension. Mr. Kelly asked again about the proposed street shown on the plat, and Mr. Behl ing advised this should be replatted and street deleted and all other changes can be made then. Mr. Bailey pointed out that if this is not replatted, and the street remains, setback restrictions according to ordinance will be in effect. Mr. Wood stated he thinks the entire block is called IIfuturell on the plat, and does not think this street is actually platted. Mr. Kelly wanted to amend the motion to delete the street. Mr. Bailey pointed out that this is rezoning, not replatting. Mr. Ash advised that this street has not been dedicated by plat, and is not a street until it is platted, and at the present time is non-existent and the right-of-way is not there. Mr. Kelly is afraid the developer will be caught up somehow, and wants this street deleted now. Mr. Hall asked if the motion would include A-P zoning on what is now designated as future street. He was advised this is so. Mr. Hall then made a motion to approve this request and to recommend to the City Council that the rezoning be for no more than 3 acres to C-3 with the line between the 2 tracts to be relocated to divide the frontage on Holleman to be 159 feet for each the C-3 and the A-P tract. Mr. Bailey seconded themction. Motion carried unanimously. r . . . ..... p&Z Minutes 11-4-82 page 2 He indicated that a proposal to expand Bud Ward's facil ity was the reason for this rezoning request. He gave background concerning the possibility of a trade-off of land with the City which had fallen through, as well as pointing out that for some reason, at the initial rezoning of the original 100 or so acres 7 or 8 years ago, this tract had been left out of the request. He said that more than half of this tract is sur- rounded by commercial projects already. He also said that sewer capacity in this area had been checked into about a year ago, and that at that time, there was capacity for R-S development. Discussion followed concerning how the remainder of the tract might be used, location of a street and uses in C-3 zoning. Commissioners agreed they would prefer to table this item until more definite plans could be formulated, and Mr. Wood agreed that more planning would be necessary because of the restriction in the size of the tract allowable in C-3 districts. L. B. Groce, a resident of the neighborhood came forward to say he was opposed to this rezoning request because of the heavy traffic already in that area which would be in- creased with the development of more commercial projects. No one else spoke. Public hearing was closed. Mr. Hall made a motion to table this request until November 18th if that gave the applicant enough time. Mr. Miller seconded the motion. Motion carried unanimously. AGENDA ITEM NO.4: 82-31S: A prel iminary plat - Block B Lot I EastMark I I. Mr. Mayo located the tract on a plat and indicated staff still has a problem with the depth of 4 of the lots facing Southwest Parkway. He said that staff would prefer a plan which would maintain control of curb cuts (number and location) and signage, indicating that perhaps specific areas be designated as 'Ibuilding sites" and then signage could be controlled through the Zoning Ordinance. Mr. Hill asked if the Com- mission should now designate the number of signs to be allowed on this prel iminary plat, and Mr. Mayo said he didnlt think that.should be done tonight, but rather that the developer is aware of the Commissionls feel ings concerning a large number of signs, and that this should be recorded in the minutes. Mr. Behling pointed out that these were huge lots for any commercial project and thinks that a note on the plat should be included to show that re-subdivision could occur. Mr. Miller indicated that he is somewhat concerned about the access road being only one way each way, and feels that the City could not possibly allow 3 or 4 curb cuts on the access road. Mr. Mayo informed him that the Engineering Department has control of curb cuts, but further indicated there is a legal question concerning a property owner1s right to access to a publ ic street. J. W. Wood spoke and said that he had complied with all recommendations received from staff concerning this preliminary plat, including a private access easement. He said that an attempt has been made to divide this large tract into as few a number of small, usable tracts as is possible, and most tracts are about 2 acres in size, which is larger than most small businesses need, but with this plan, curb cuts would be minimal. After much discussion, Mr. Behl ing indicated that he would like for the Commission to approve this prel iminary plat, and to work out the sign problem on the Final Plat. Mr. Kelly said that he would I ike to have the City Attorney rule on how signage can be controlled. Mr. Behl ing said that whatever the decision, it should become a matter of record on the plat itself. Mr. Runnels mentioned the possibil ity of an overpass on Southwest Parkway, and how the route or location of it could affect this tract of land. Mr. Mayo said the Highway Department has presented 2 plans for consideration, and that staff will recommend to Council that it be routed into Raintree Drive. ~