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HomeMy WebLinkAboutMinutes_ 4 I i Mr. Michel agreed with Mr. Esmond and commended staff on their excellent work in addressing the issues of concerned residents. Mr. Dresser moved to approve the rezoning of Lot 82:, Block 6 of Southwood Terrace Section 3C. Mr. Michel :seconded the motion which passed unapposed (6-0),: AGENDA ITEM N0. 6: Consideration of a temporary parking lot plan for Speakers located at 504 Harvey Roado X90:-428 ~ Sensor ' Planner I~ee reported to the Commission the recommendation of approval by the Design Review Board of phasing the proposed temporary parking lot and a lowing some of the lot to have... a `temporary surface for one year with the following conditions to be 'included as part of Phase I: ' 1..-. {1) Install parking lot lights for the entire lot. {2} Provide a landscape screen along Highway 30. {3} Provide curbing along frontage of Highway 30. {4} $arricade around the group of trees at the north corner- of the property. {Barricade note on plat is not adequate} { 5 } Improve or dedicate the. area { as defined in the Wolf Pen t~reek Master Plan and Zoning Ordnanc ~ i e:} r~.malnng on Sneakers property and all of the adjacen property if any i u ed for ' parklnq. {S`till need owner's assurance of the dedication.} ~6} Provide the owner's assurance that at the end of one year i.f the lot is not fully brought up to code, then the. lot will be removed and the ~ area resodded. {S i~.fl need owner's assurance. ~ {7} c early lndlcate on site plan that the above items will be completed in Phase I. She explained that tempo-racy parking lots `were intended for facilities hat have the re u' q_lred amount of parking but need additional spaces. ;Sneaker's .:.proposal will brin the ro'ect g P J ~ up~to code: in the first phase of develo merit, This item is P :.before the Commission because it is a ro'ect in the Wolf Pen p Zoning District ~~here it is re wired that t ~ ' g he Design ~levlew Board make a recor~mendation to the Commission as well as the :fact that all ;requests for temporary -overflow arkn 1:.L t are P g ao be considered the Commission. - i yr ~e Chairperson Sawtelle asked if the Commission could re uest q pavers as suggested ~Y Mr._ Esmond in the PRC report. 1 Senior Planner Kee answered yes; however the avers-are P not cost--effective for the applicant because they are as e~ ensive as applying an asphalt surface. } Mr. Dresser asked how the Commission could be assured that all requirements would be met at the end of one year; addin that g if the temporary parkinglot plan was approved the a l-can pp t could ,return at the end of the year and request another permit ~ for a t~ o ~ . mp rary par~,ing lot 1f the proposed lot was not completed Senior Planner Kee informed the Commission that the. requirements presented could be enforced through etters to the applicant, .:City Council, and munci al court fines. onl a p The y lternatives that the: applicant has after one ear is to Y pave the temporary parking lot or completely remove and -resod the site. Chairperson Sawtelle stated. that the ost oak tr the p ees located on late were in jeopardy due to the illegal parking occurrn • g on tie lot and po~.nted out the dlff culty of~ rep acin the trees if the lot does not become g permanent. Senior Planner Kee stated that the Desi n . g Review Board required the applicant to place a barricade around t he trees in the north corner until development ~ of the final hase • and p the 10' barricade shown on the site plan is not ade uate. She said the entire section ~ ~ should be barricaded by a distance determined by the landscape: table L-1 of the Zonin ° g Ord~.nance. Mr. Hall asked if the Commis ion could re uire a q, n assurance bond to guarantee the project'' completlan within the one year .time period. He also ex ressed corner P n for. the need of additional-handicap parking. Senior Planner Kee said that she was not s ' ure ~ f the Commission could require an assurance` bond.; .:however t he development agreement:. could include the same s ecificatons. Existin handica ark.i P g • p p ng should be adequate, but will confer wa.th the building department for `requirements . Chairperson Sawtelle o ened the ub p - p llc hearing. Don Garrett of 4:444: Carters Cr • eek Parkway informed the Commission thatthe applicant is will' ' ing to submit a ..bond covering the landscaping. The bank that awns the land needs approval framthe Commission before the will Gons' or sales a reemen ider a pease. g t. ~ Since the entire area of the trees in t e north corner will be barricaded the a ' ppllcant requests that curbing along Highwa 30 not ext Y end -the length of the property in order to protect the roots o _ f the ..post oak trees. Mr. _ ~W M e a leant intends to create a Garrett stated .that th pp ases 1 and arkin loot and may be able to install Ph_ permanen p _g 'din on financial obi `gat~.ons . He requested 2 naaially depen g , • raval of the parking lot :..plan subject to the condtlona app recommendations outlined by staff. • • er David Brochu approached the Design Revl.ew Board memo , Commission to answer any questions or concerns. ochu if the buffer along Harvey Road Mr. Dresser asked Mr. Br u ter of 0o extreme or elaborate. He also asked if the cl was t ' the North earner could.: be preserved permanently by trees. in ocatn the arcing lot closer to the creek... rel.. g P ed that the Board would like to see more Mr. Brochu stat • Benin however, he Board's main concern is the creative scr g ishment of recedence fo_r other projec s in the Wolf Pen establ p , orrldor. The Board unanimously agreed,-that, if the Creek C arkin lot request was for a new project, • it would temporary p g ' ~ but the Board agreed that in this case, it should be denied, d that the • e . at st e roblem. H c~omprorn se to solve an ex~.sting p , d be errnanent in nature because screening ar~d lfight lot soul P • would be initially installed. Pavers are not cost- fixtures ' would be ermanerit herefore. in conflict with effective ....and p nature of the lot. Mr. Brochu :informed the ~ the temporary ' 'on than he felt the applicant was making an honest ~ Comma.ssi . ' t re irements and solve an existing attemptta comply with. Ci y qu traffic safety hazard. of would be in Mr. Garrett stated that; much of the ,parking 1 reservaton`line if it was relocated closer to he creek. the a'~ that a roximately 3/4 of the property {7 - 10 acres Hell pp d have to be dediceted. He sugges ed that because •the woul trees aloe the creek would be preserved through dedication, he clu ter of trees .n the north corner could be destroyed. t e re est for a temporaryparking lot Mr. Hala .moved to ...:deny th at 5:04 Harve Road:. The motion died due to lack of a second• Y ~,he a roves...of a temporaryparking lot Mr. Dresser stated, that; pp the first hale will bring the applicant in plan because p eom Hance with the ~oninq Ordinance.. The plan submitted i P far above the standards; for a temporary parking ot. He said licant is makn an :honest attempt to bring the that the ..app g ro ert and busines~~ up to current `standards. Mr. Dresser p p y sated that he did- riot like the. change of u e from a i restaurant to a night club which had taken place. He also ointed out the ro ased tan is incorrect. because it doe not p p p _ hate if this show the required barricades . Mr • Dresser added t -ro osal is a roved he would 1i.ke the applicant to appear p p p. r ~ ~to see if all before the Carnmisslon at_ he end ,of one year requirements have been met.... ILL _ ti~ -y~ - ~y _ P'~~ _ _ Mr Bro~hu explained to the Commisslon that the Design Review Board reguested a more erma the tem o Went parking lot plan instead o p rary:plan inltlally submitted addi f was reluctant to approve':a t ~ ng that the Board. known how the emporary parking lot without ~ permanent of would be develo ed i wanted to know how the e ~ The Board p rmanent ~.ot would impact he' land an ` the assurance that a erma d P Went parking lot would be installe d. Mr. Garrett informed the Board that if the bank was w11i dedicate the land, the a 1 ng to the pp cant will be determined t ~ , project, o finish chairperson Sawte le . closed thepubllc hearln. , g Mr. Esmond moved to a 504 Harve pprove the temporary parkin lot l y..Road. Mr. :Michel seconded g _ pan at the motion a• Mr. Ha l expressed cone ..ern of creating another '!M one. year, the commission will u~ Lot ~Tn be in the _ same situation if applicant does not own the. la the parkin lot i nd., By approving a tem ora g n the Wolf Pen Corridor o f P ry being set. The rave ~ uture -precedenee is g 1 will permanently dama e t trees. Mr. Hall su est g he post oak ap licant c ~g ed tabling the item until P ould gala,more information the land dedication-and o from the bank concernn wnership of the lot. ~ Mr. Dresser stated . that the design of the lo: acceptable for a ermanen t would be p t lot. screenn et The size, islands cu g~. care all above Clty standar ~ rbs, ds. The motion failed • - Col by an even spilt vote 3- son,... Sawtel3.e, and Ha'l1 ~ 3 } • Members members: Dress voted against he motion err Michel, and Esmond and voted- for the motion. AGENDA .ITEM No. A public `hearin , Conditional Use Pe _ g...for consideratl~n of a rmit for a night club, Da located at 329 Unvers' quiries~ Inc.. f9Q-71~ 1tY zoned` C-NG in' the North y agate. area. Assistant Planner Kuenzel presented the st reCOmmendingapproval: off report As of Nlay 1990, night clubs a , as Conditional Uses ~n re listed establishm all: commercial districts, ~1 ent is found to rel hen a neW alcoholic bevera es b Y primarily on the sale of- pro reto g Y the drink: for its bus' P r of that establishment mess, the Conditional Use: Pe ~ must seek and obtain rmlt. The PRC reviewed h' a December 199©` is ro'eot 4f the :three ~ p 7 on Engineering and Plan oting members _ the Wing re reSe ~ _ , the proposal. The . P ntat.~ves had na ob;' ectior~ Planning and Zonn: to against the estab q commissioner v llshment because oted of busi:n.~ess :ahead. ~~Q felt enough of _th t Y exist ~ in Gr~is are' Ype property- c~~7:ners were no ~ • a . Twenty seven tlfled with res.. ons~ p . ♦rJ.L~Lr ~J l ~+S CITY COUNGII~ REGULAR 1V~EZ'II~iG T'H[tTR~UAY, JANUARY 10, 1991 ?:00 P111l. CpIT1~iG~, iV~1V~F_R5 PRESENT: Mayor Pro-tem Brown, Councilmen Schneider, McIlhaney, Birdwell, Crouch COUNCII, ME1V~ERS: ABSENT: Mayor Ringer, Councilman Gardner STAFF PgESEN'I': City Manager Ragland, Assistant Cifiy Marra er Brymer, Executive Director Fiscal~Human Resources Harrison, Executive Director/Management Services Piwonka, Public ?reformation Officer Calliham, City: Attorney Locke, City Secretary Hooks, Senior Planner Kee, Director of Development Services Ash, Project Engineer Morgan, Assistant City Attorney: Coates, Asst. PARR Director Ploe ' er g i cobson Tre a T LIAISON ENT GOU' STUD Y J VLSTrORS PRESENT: See guest register.; da Item No. 1 - of a oint' Resolu~on in su rt of bid for..1993 of Texas - a Fre o tem Linda Waltman. acce ted the resolution signed by Mayor Pr Ms. I~ P Brown. R~enda Item No. 2 -CONSENT AGENDiA: j (2.1) Approval of minutes for the Workshop.: Meeting, December 12, 1990, ~ Regu1ar Meeting,December 13, 1990. ~ (2:2) Signing of a Resolution naming the Director: of Parks and Recreation as the City's representative in the application to the Texas Water Commission. (2.3} Approval of a contract for Brazos Valley Solid Waste Management Agency to' purchase T5 acres of land: 24 A royal of ~ierial Device/Cab & Chassis, Bid #91-12, Technical Division.. F~:inds are budgeted in the FY 1990-91 Utility Fund. Total purchase price $3,486: (2.S) Approval of purchase order for Brazos County Narcotics Task Force annual fee, funds available as approved in the General F~.ind FY 1990-91 operating budget, city's portion $1:6,850. (2.6) Approval of purchase order for payment of 1990 property taxes on two million. gallon elevated water storage tower on Greens Prairie Road, $27,686.8. (2'.7} Approval to purchase an additional (8) motor operated mechanisms for. substation improvements, Bid #90-41, total $20,000, funds available in URB 84 bond, miscellaneous projects. Councilman Birdwell removednConsent Agenda Item No. 2.1; 22, and 2.3. _ _ _ _ City Council Regular Meeting Page 2 Thursday, Tanuary 10, 1991 Consent Agenda Items No. 2.4, 25, 2.6 and 2.7 were approved by common consent. Agenda Item Na 2:1 -Minutes. Councilman Birdwell referred to page 4 of the December 13th regular meeting nvnutes, third paragraph.. He corrected the first sentence by changing the words to read, "Councilman Birdwell moved to direct staff to ask BVSWMA... Councilman Birdwell moved to approve the minutes of ..December 12th and December 13th. The motion was seconded by Councilman McIlhaney which carried unanimously, 5-0. Agenda Item Na 2.2 - Resolution_namina the Director of Parks as the cifiv's representative in'the application to the exas Water Commission. Councilman Birdwell inquired about the memorandum in the packet'regarding the sewer line and the lake proposed for Wolf Pen Creek. City Manager Ragland replied that a recommendation: will be presented to Council. at a later time. Councilman Birdwell moved approval of Resolution No 1-10-91-22. The motion was seconded by Councilman Schneider which carried `unanimously, 5-0. A enda Item No. 2.3 - A royal of a contract for Brazos Valle Solid Waste anagemenf Agency to purchase ?5 acres of land. Councilman Birdwell commented that he was. not aware: that this issue had been discussed in the past. Public Services Director Joe LaBeau stated that approximately one year ago, staff submitted a permit amendment to the landfill which allowed the city to dig deeper into the ground allowing more garbage. into the. facility. However, a problem occurred, that .being a surplus of dirt to clispose~: Mr. LaBeau further stated that the consultant was asked to look at this problem, and they came back with three options. Staff recommends the first alternative to purchase 75 acres of land. Mr. LaBeau further explained that `this issue was presented as an item in the Capital Improvements Plan during the budget process. Mr. Birdwell asked staff to provide him with a copy of the.. consultant's .report. Councilman Schneider moved to table this item for discussion at a workshop session. The motion was seconded by Councilman Crouch which carried unanimously, 5-0. Mayor Pro-tem Brown announced that Items Na 3 4, 11, 12 are related. He added that Items No. 1' 1 and 12 require six councilmembers present for any formal action to be taken. The council consented to hold the public .hearings at City Council Regular Meeting Page 3 Thursday, Tanuary 10, 1991 this time to give the audience the opportunity to speak even though no action can be taken at this time. da Item Na 3 - A ublic hesrht ~o consider a Final Plat -Gallia Addition 222 . Mayor Pro-tam Brown opened the public hearing. Mr. Mike .McClure,. applicant far this item, addressed the Council. He stated that the lots in the proposed R-lA zone axe larger. than. the surrounding lots. He requested council approval for this item... Mr. James Burke, 320$ Bahia, owner of the home that abutts to the Gallia Addition, came forward. He stated thaf he is in favor of the replatting request. However, he is against rezoning the property because there are other ways to handle this situation... Councilman Crouch asked if there is another approach to the request without rezoning the property. ' Ms Kee. replied that there Ls a vanance procedure. to the d Zonin Board of Ad'ustment. Ms. Kee further ex lamed that she recommende g 1 P to the applicant that they subnut an appl~cat~on for rezoning because the rezoning in this particular case complies with the comprehensive plan and other f issues :involved. Mayor Pro-tam Brown closed the public hearing. Agenda Item No. 4 -Consideration of a Penal Plat -Gallia Addition (90-2222 Councilman Birdwell moved to table Agenda Item Na 4 and 12. The motion was seconded by Councilman Crouch which carried unanimously, 5-0. A Ada Item Na 11 - A flublic h to consider rezoning Lot 82. Block 6. Southwood Terrace 3- ~m R-1 SIn~ e Family to R-1R Single Family. Mayor Pro-tam Brown: opened the public hearing. Mr. James Burke addressed the Council. He questioned the council's intent to have this public hearing at this time. He added. that he would prefer speaking to the entire council. when everyone is present. Mr. Brown responded by stating that a public hearing will be rescheduled for the next council meeting. Councilman Birdwell moved to recess the public hearing: on the rezoning of Lot 82, Block 6 of Southwood Terrace from R-1 to R-1A until the next regular council. meeting. The motion was seconded by Councilman'McIlhaney which carried unanimously, 5-0. _ _ _ City Council Regular Meeting Page 4 Thursday, January 10, 1991 Agenda Item No S - A public hearln~ to consider a Final Plat - Glenhaven Estates ~ 90-221 Ms. Morgan, Assistant to the. City Eng~'neer, presented this item. She :explained that this item is an amending plat of Glenhaven Estates III for the purpose of ~ expanding the lot size. She described the location. The Planning and Zoning Commission recommended ..approval. Mayor Pro-tem Brown opened the public hearing. NIr. Don Garrett, Engineer for this project came forward. Mayor Pro-tem Brown closed the public hearing. da Item Na 6 -Consideration"of a F~ial Plaf - Qenhaven Estates ~ . a Councilman Schneider moved .approval of the final plat. The motion was seconded by Councilman Birdwell. Councilman Schneider complimented the developer on the fact that he increased 'the size of lots. The motion: carried unanimously, S-0. ; da Item No Z - A hearln to consider a FYnal Plat - 'VP3llams Court 0. Ms. Morgan described this item. She stated that the, proposed plat. decreases the number of lots from 6T to 48 and creates 2 cul-de-sacs. The Planning and Zoning Commission recommended approval with the following conditions: 1. That Coachlight Drive be renamed to Coachlight Court. the followin eneral notes be added to the laf. 2. That ~g a. No fence- shall xtend into the 20' drainage and utility easements on lots 3R through 8R, Block 1. b. All corner lots shall access the lesser: street. Mayor Pro-tem Brown opened the public hearing.. Mr. Mike McClure, representing the applicant came forward to answer any questions. Mayor Pro-tem Brown closed the public hearing. Agenda Item No. 8 -Consideration of a FYnal PIat - ~i~ill ams Court (90-220 . Councilman Crouch moved approval of the final plat: for Williams Court wi#h the conditions as mentioned above. Councilman. Schneider seconded the motion _ which carried unanimously, 5-0. City Council Regular Meeting Page 5 Thursday,lanuary 10, 1991 da Item No. 9 - A hearln to consider a Final Plat - Rair~,tree Section S -22 Ms. Morgan presented this item. She stated that this plat eliminates 91ots originally proposed for. townhomes and create one single family lot. The plat also eliminates the need for 2 utility: easements and an access and parl~ng` easement. The Planning and Zoning Commission recommended approval Mayor.Pro-tem Brown opened the public hearing. Mr. Dale Carpenter,.-2509 Monitor was present to answer any questions.. ' Mayor Pro-tem Brown closed the public hearing. Aeenda Item No. 10 -Consideration of a Final Plat - Rainiree Section S (90-223 Councilman Birdwell made a motion to approve the Final Plat for Raintree Section 5. The motion was seconded by Councilman Crouch which: carried unanimously, 5-0. A Ada Item No. 13 - A public hearlnQ to consider rezoning'a 1.15 acre piece of properly ~m R- Apar~nents High D to ~ 1 General omrnerdal. Senior Planner Jane Kee explained. this item. Staff recommended approval of the rezoning request with the stipulation that the. Kapchinsla Hill final plat will be replatted to'incorporate:1.15 acres. The Planning and Zoning. Conunission recommended approval: Mayor Pro-tem Brown opened the. public hearing. Mr. Roy Hammons of 1?00 Kyle South, .representing the. land owner and user of the.. property, addressed the Council. He stated that he is in the process of preparing a re-plat of Kapchnisla Hill with this tract of land included.. The Polar-Bek plat was platted, all the drangae for Kapchinsla and Polar-Bek was included, that drainage is entirely within the Polar-Bek plat and it does take into consideration the area involved here as :well as the area.. added in the approved Polar-Bek plat.. Councilman Schneider asked for use of the property. Mr. Hammons replied that .this property will serve as a parking lot. Mr. George. Ball, 1307.Haines representing the owner came forward. He added to Mr. Hammons comments: that the owner of Polar-Bek does not have a problem with the rezoning as long as the conditions are met. He reassured Councilman Birdwell that H:E.B will build. City Council Regular Meeting Page 6 Thursday, Tanuary 10, 1991 Mayor Pro-tem Brown closed the public hearing. Agenda Item No. 14 - Consider~aiion of an ordinartice rezoning the above Councilman Birdwell moved adoption of Ordinance No 187? with the condition that the Kapchinsl~ Hill replat is approved and filed. ~ The motion was seconded by Councilman Schneider which carried unanimously, ~ 5-0. da Item No.` 1S - A vublic hearhlQ to consider rezonin Lof 2 Block pe~~er Plaza from R Aparanents High De~siiy to G1 eneral Con~n~c~l. Ms. Kee presented slides which showed the location and surrounding properties. She noted that the request does not comply with the land use plan. Ms. Kee added`that the lot does not have adequate depth for commercial zoning and would continue the strip commercial that currently runs along the north.-side of Dominik. The Planning and Zoning Commission recommended denial of the rezoning. Since that time, the applicant has revised his request to C-N Neighborhood Commercial. Staff recommended approval of this request. Councilman Birdwell asked Ms. Kee` if she notified adjacent property: owners. Ms. Kee stated that she received no responses. Mayor Pro-tem Brown opened the public hearing. Mr. Roy Hammons, representing the owner of the property spoke to the Council: Agenda Item No. 16 -Consideration of an ordir~artce rezo~iQ the above Councilman Schneider moved to adopt Ordinance No Y8T8 with the revision of .the rezoning request to C-N, Neighborhood ComrnerciaL The motion' was seconded by Councilman Birdwell. Councilman Birdwell commented that he attended the Planning and Zoning Commission when this `discussion was held. He stated that the Commissioners expressed concern aboutfuture development on this lot. Councilman Crouch made an amended motion to .adopt the ordinance .with the condition that the Planning:and Zoning Commission will have the opportunity to heax the case based. on the revised rezoning. request... The .amended motion died for lack of a second. Councilman McIlhaney made. a substitute motion to ask Planning and Zoning Commissioners to review this rezoning xequest for C-N as well as A-P. The motion was seconded by Councilman Crouch which carried by a vote of City Council Regular Meeting Page 7 Thursday, January 10, 199.1. 3-2. FOR: Councilmen Crouch, McIlhane~, and Schneider AGAIl~iST: Councilmen Brown and Birdwell da Item No. 1T - A hearln the amendin of Cha erg lioa 2. of the Code o c~ o the ]leas talon relatinct to animal control and ]icensln~requirements. Assistant City Attorney Neal. Coates presented this item. Anenda Item No `18 - Considerai~oa of are ordinance. Councilman Crouch moved approval of Ordinance No. 18 8 to amend the Code relating to animal control and licensing requirements. The motion wa.s seconded by Councilman Birdwell which carried unanimously, 5-0. 'da Item Na 19 - A of `P&Z Denial of a Tem Parkin Lot in the olf Pen Zoning Ms. Kee presented slides. She stated that the Planning and Zoning Commission denied the request from Mr. Miller of Sneakers, for a temporary parlang lot at his business in the Wolf Pen Creek Comdor. She noted that Mr. Miller has proposed to pave a portion of this parlang lot in order to bring his project to code standards far a nightclub parlang lot: The Design Review Board reviewed this project. and recommended their approval along with several conditions. Councilman Birdwell moved to approve staff recommendation for a temporary parlang lot with the conditions made by the Design Review Board. In addition,.. the unpaved portions will be paved in the future, at least one-third of the parlang lot to be paved each yeax. No second was made to this motion. Councilman Schneider moved to deny the request. The motion. was. seconded by Councilman McIlhaney. Mr Don Garrett addressed. additional points: He stated that one rec;uirement of this property is that seven of ten acres be dedicated to the Wolf Pen Creek Corridor.. He added: that the temporary parking Iot will not be a detriment because it will be screened properly. The motion to deny the request. passed by a vote of 4-1, Councilman Birdwell voting against the motion. i _ p. City Council Regular Meeting Page: 8 Thursday,'January 10, 1991 Agenda Item Na 20 -Hear Visitors. No one spoke. da Item No. 21 -Closed session to receive staff' rt 6252-17 2 r tion 6252-1T e . -17 2 r Staff Re ort ' 62 } 1 Re ort Le a p a. 9, 2.2 Liti ation 6252-1 Z 2) e)] . C CC g The council did not go into closed session. Agenda Item Na 22 -Action on closed session. No action taken. Aaenda Item No 23 - Adiourn. The meeting was adjourned at 8:30.. p.m. APPROVED: r T ST: e oo ity ecretary  _ _ _ _ _ _ v _ 9 r. ~ MINUTES Plannng::and-Zoning Commission. CITY 4F` COLLEGE STATION:, TEXAS 7:00 PM. December 20, 1990 ;MEMBERS PRESENT: Chairperson Sawtelle, vice Chairperson , Dresser, Members Colson, :Hall, :and Michel ~`Z 'CCouncil Liaison Birdwell was in the andience.~ MEMBERS ABSENT: Member Gentry. STAFF FRESENT: Sen~or.Planner Kee, Planning Technician Thomas, Asst. City Attorney Coates, Development' Coordinator Volk, Planning Assistant Kuenzel, Asst. to City Engineer Morgan, Transportation Planner- ~iard, City Engineer Pullen,.Asst Director of Public Services Smith, and Landfill Manager Ridgeway. y-: AGENDA ITEM Na. l: Approval of Minutes-- meeting Noventb~r 15. Mr. Dres er moved to approve ;the- minutes of he meetin on g November 15; 1990 with the corrections stated b -Chair erson Y p. Sawtelle Mr. Michel seconded the motion which assed P unopposed ~ 6-0 ~ . AGENDA ITEM N0. 2 Approval of Minutes -meeting December 6. Mr. Dresser moved to approve the minutes of the meetin on g .December 6, 1994. Mr. Michel seconded the motion which passed unopposed ,~6-0} . AGENDA ITEM N4 3: A public hearing to consider a final lat p of Raintree Subdvi ion Section Five on Wilderness-Drive at the end of Butler Ridge Street..: X90-223y Assistant to the City Engineer Mor an resented the staff g P report. recommending approval with the PRC recommendations. The final plat as propo ed eliminates the 9 lots as on mall g y proposed for townhomes and creates one single lot. The proposed use is for `a single' family home located at thee. front of the property..:. With the lot remaining residential the replat does comply with the City's comprehensive plan and is . compatible with the surroundin armed uses. The lot ~ g p, dimens ons do meet the minimum lot dimensions as set forth in _ ~ r.. ~ ' . :.y .r the Zoning Ordinance. Proposed public `improvements include the elimination of the 6" water line extending into the property that wa to serve the 9 lots as originally p atted. Abandonment of the 10' utility easement along 'the access and parking ;easement and abandonment of the 20' utility. easement 'along: the northern edge of the property, Legal notice .;.appeared December 5 1990'with no response to date. Chairperson Sawtelle opened the public hearing. Seeing 'no one come forward to speak in favor of or opposition to the final plat, Chairperson Sawtelle closed the public :hearing. Mr Esmond moved toapprove..the final plat of R~aintree Section Five. Mr. Dresser seconded the motion: which passed uno osed pp t ~-o ~ AGENDA ITEM:NO:. 4: A public hearing to consider a final plat of Calle Addition - Lot 82, Block 6 of Southwood Terrace :.Section 3C on Ponderosa Road between Bahia Drive and Larks ur p Circle. t9p_222) Assistant to the City .Engineer Morgan presented the staff report recommending approval with PRC recommendations and the removal of the note on he plat regarding R-1 zoning. .,;Originally he subject tract was platted as one lot and the discussions were to accemmodate a church site on the lot. The of is still vacant and he applicant would like to develo p r, he property as single family residences. The final .plat as r\ ~ ~ , ~ presented does comply with the City s comprehensive plan. The surrounding area is zoned low density residential and` would be maintained as such. T'he applicant currently has a rezonn re est g qu from R-1 to R-1A pending for this property. This :rezoning is being proposed in order to comply with the minimum lot dimensions as stated in the'Zonng Ordinance. The original plat., which included this lot, rohibitedaccess p onto Ponderosa Road. Although this one lot would be.allawed to take access to Ponderosa, subd%viding this lot and allown g all subdivided- lots to take access to Ponderosa Road., given its function would not be desirable. Therefore this. lat p :creates a cul-de-sac, Callie Circle, which will provide access to the 6 lots. The offset between Brothers Boulevard and Callie Circle, as created by this new street is a roxmatel pp Y 90 feet. According to-.the City's Subdivision Regulations the minimum centerline offset between two streets should be 125 feet. Although the loca ion of Calle Circle does not meet this minimum requirement, it is not antici ated than the. p amount of traffic generated on his mall cul-de-sac would create the traf f is patterns to pose a significant traffic :.,problem. Staff has looked at several. alternatives resented p by the(applcant and'has agreed that the lat resented is the p p .best alternative. As part of this plat the proposed public improvements wild `include: the extension of water line improvements, minor sewer line im rovements and the p _ ir' :construction of Calle Circle.' Legal notice .appeared on December:.. 5, 1990 with 3 inquiries and no oppositions. Chairperson'Sawtelle opened the public hearing. Mike McClure of 1722 ~roadmoor stated that he and the ..owner were present `to answer any questions or concerns ~f the Commission. He stated that: the cul-de-sac .:plan presented is the best solution for the site since driveway access to Ponderosa is not `permitted. Chairperson Sawtelle closed he public hearing. Mr Esmond moved to approve the final plat of Call ie Addition subject to the removal of the note concerning R-1 zon ng.~ Mr. Colson seconded the .motion which passed unopposed ~6-0~. AGENDA TTEM N0. 5: Reconsiderrezoning of Lot 82 Block 6 of Southwood Terrace Section 3C` located on the south side of Ponderosa approximately 304 feet east of the intersection-of Ponderosa and Rio Grande Drive, from R-l Single Family to R-1A ..Single Family. X90-11Oy .Senior Planner Kee presented the staff report recommending :approval of the rezoning rather than: having the applicant seek a variance since. there is a zoning district available ..that would address the problem to lot size. The request is in ` compliance .;with the land use plan and is necessary to avoid -having to seek a variance as configuration of he property forces two Iof the lots to have slightly less than the minimum depth- required in the R-1 zone. The R-1A zone does not have. minimum width or depth requirements and allows more flexibility in lot design.. The applicant has looked at several different designs and all result in lots with -inadequate ::.depth for compliance :with the requirements of the R-1 zonel All lots will exceed the minimum lot area required in both the R-1 and R-aA zones. The average lot area ®f the existing lots in Southwood Terrace 3C is 7,730 square feet; the average lot area of the proposed lots is 10,339 square feet. The etiton r se e nted was si ned b 41 ro e p _ p g y p p rty owners; 21 own property within 2.00 feet of thee.. proposed `rezoning; 20 own property outside 200 feet of the proposed rezonngl City. Council .will have to pass the rezoning with a 3/4 majority Vote because 54% of the land owners w hin 200 feet signed the petition in opposition to the rezoning. Thirty nine property owners were notified Qf the request. Chairperson Sawtelle. opened the public hearing. Seen mo one g come :forward o speak in favor of or in opposition to the rezoning, she closed the public hearing. Mr. Esmond :stated that the concerns presented in the petition were addressed in the staff report and the oals of the g, , concerned residents would be achieved by the rezoning: t ~ r ~ , Mr Michel agreed with Mr. Esmond-and commended staff on their excellent work in addressing the issues of concerned residents. Mr. Dres er moved to approve the rezoning of Lot 82, flock 6 of Southwood Terrace Section 3C. Mr. Michel seconded the- motion which passed unopposed (6-0) . AGENDA ITEM No. 6: Cohsderaton,of a temporary parking-lot plan for Sneakers located at 504 Harvey Road. X90-428 Senior Planner Kee reported to the, Commission the recommendat-ion of approval by the Design Review Board of phasing he proposed. temporary parking lot'and allowing some of the lot to. have a temporary surface for one year with the following conditions to be eluded as :part of Phase I: (1) Install parking lot lights for~the entire Tot.. P (2) Provide a landscape screen along Highway 30. (3) Provide curbn alon fronta a of Hi hwa 30. g g _g g y 4 Barricade around the rou of trees g p at .the north corner'.. of the property. (Barricade note on plat is not adequate.) ~ 5 Im rove or dedicate the a p rea (as defined in the Wolfe Pen Creek Masten Plan and Zoning Qrdnance~. remaining on. Sneaker's property and all of `the adjacent property if any is used for parking. -(Still need owner's assurance of the dedication.) (6) Provide the owner's assurance than at the end of one year if the lot is not fully brought u p to code, then the 1of will be -removed and the area resodded. -(5ti11 need owner's assurance.) Clearly ndbate on site plan hat the above items will be completed in Phase I.. She explained that temporary parking lots were intended for facilities ...that have .the required amount ofparking but need ~ additional spaces. Sneaker' proposal w l bring the project up to code in the first phase`of development. ,This item i before the Commission because it is a pro'ect in the Wolf Pen r ~ ~ ~ a ~ Zoning District where it is required that the Design review Board make a recommendation to the Commission as well as the fact Ghat all requests for temporary overflow arkn lots are p g to be considered by 'the Commission. 4.._.. o A , Chairper on Sawtelle asked if the Commission could request pavers as suggested by Mr. ~smond`in the PRC report. Senior Planner Kee answered yes; however:. ,the pavers are not cost-effective for he appl `cant because they are as expensive as applying an asphalt surface. Mr Dresser asked how the Commission could be assured that all requirements would be met at the end of~one ear; addm that.. Y g. if: the temporary parking lot plan was `approved, the applicant ~ could return at the end of he year 'and request:.anather permit ~ for a temporary parking lot if the proposed lot was not completed. Senior Planner Kee informed :the Commission: that the requirements presented could be enforced through. letters to the applicant, City Council:;, .and municipal court fines. The only alternatives that': the applicant has -after ane year is to pave the temporary parking lot ar completely remove and resod the site . Chairperson Sawtelle stated that the post oak trees located on . , the lot were n eo and due to the ille al arkln 7 P Y g P g occurring on the lot and pointed out the dfficul y of replacing the trees if the lot does not become permanent. i ~ Senior Planner Kee stated that the Design Review Board required: the applicant to place a barricade around the trees in the north corner until deve opment of the f ins hale; and ~ _ p the 10 :barricade shown on the site plan is not adequate. She ~ said the entire se • .coon... should be .barricaded by a distance determined by he landscape table:L-1 of the Zonin ordinance. g • Mr Hall asked if he Commission could re ire an assurance bond to guarantee the project's comp etion w~ah n the one year .:.time period. Hea so expressed concern for the need of { additional handicap parking. Senior Planner Keesaid what she was not sure if the Commission could require an assurance bond; however the :development agreement could include the same s ecificatio p ns . Existing handicap parking: should be ode ate but wily confer with the bu lding':.department-for requirements. Chairperson Sawtelle o erred the ublc hearin _p p g • Don Garrett .of 4444 Carters Creek Parkway informed th e Commission 'that 'the applicant is .willing to submit a bond covering the Iandsca in The bank that owns t p g he land-. needs approval from the Commission before the will consider a lease y . or sales agreement. Since the: entire area of the rees- in the north corner will be barricaded, the a licant re ests Pp qu that y curbing along Highway 30 not extend the len th of the r® ert g P P Y in order to protect the roots of the post oak trees. Mr. _ f.. - 4 r Garrett stated that the applicant intends to create a permanent parking lot and may be able to install phases.. 1 and 2 nitia ly depending an financial obligations. He requested conditional approval of the parking lot plan subject to the recommendations outlined by staff. Design Review Board member David Brochu approached -.the Commission to answer any questions or concerns. Mr. Dresser asked Mr. Brochu if the buffer along Harvey . Road was too extreme or elaborate. He also asked if the cluster of trees in the North corner cou d bepreserved permanently by relocating the parking lot c oser to the creek. Mr. Brochu sated that the Board would like to :see more creative screening; ho~,~ever, the Board's main -concern -~s the establishment of :precedence for other projects in the Wolf Pen Creek Corridor. The Board unanimous y agreed that if the temporary parking lot request was far a new project, it would be denied; but the Board agreed that in -this case, it should compromise to solve an existing problem. He stated that the x lot would be permanent in nature because screening and light fixtures would be initially installed. Pavers are not cost- effective and would be permanent therefore in conf ict with he temporary nature of-the lot. Mr. Brochu informad the Commission that he felt the applicant was making an honest attempt to comply with City requirements and solve an existing traffic safety hazard.. Mr. Garrett stated :`that much of the parking lot would be in the reservation line if it was relocated closer to the creek. He said -that approximately 3/4 of the property ~7 - 10 acres) would have to be dedicated.: He suggested that because the trees along:`: the creek would' be preserved through dedication, he cluster of trees- in the north corner could be destroyed. a a Mr. Hall moved to deny the request for-a temporary.. parking lot at 504 Harvey Road. The motion died due to lack of a second. Mr Dresser stated that he approves of a temporary parking lot .plan because he first (phase will bring the applicant in compliance with the Zoning ordinance. The plan submitted is far above the tandards for a temporary parking lot. He said that the applicant is making an honest attempt to bring the property and business up to current standard Mr. Dresser stated that he did not like the change. of use from a restaurant to a ;night club which had taken: place. He also pointed out.. the proposed plan is incorrect because.: it does not show the required barricades. Mr. Dresser added that i~ this proposal is approved, he would like the. applicant to appear before the Commission at the end of one year to see if all requirement have been met. i ~ _ 1 Mr. Brochu exp aned to the Commission that the Design Review Board ::requested a more permanent parking of plan. instead of the temporary plan nitia ly submitted, adding tha the Board was reluctant to approve a temporary parking of without knowing how the permanent lot would be developed. The Board wanted t'o l~now how the permanent lot would' impact the land and i the assurance that a permanent parking lot would be installed. Mr. Garrett informed. the Board that if the: bank was w-filling to dedicate-the land, the applicant will be determined to finish the project Chairperson Sawtelle clnsed the public hearing. ~ s n m ved to a rave :the tem orar arkin lot lan at Mr. E mo d o pp P y p g P 504 Harvey Road. Mr. Michel seconded the motion. Mr. Hall expre sed concern of creating .another "Mud Lot'0. In one year, the Commission will `be in the same situation if the applicant does not own the land. By approving a temporary parking lot'in the .:Wolf Pen Corridor, a future precedence is being set. The gravel will permanently .damage the -post oak trees. Mr. Hall suggested tabling the item until the- applicant could gain more information from the bank concerning: land dedication and ownership of. the lot. Mr Dres er stated that the design of the lot ..:.would be ,r acceptable for a permanent lot. The size, islands, curbs, screening, etc :are all above City standards. • • The motion failed by an even.. split vote ~3-3). Members Colson, Sawtelle and Hall voted against the motion and members Dresser, :Michele:., and `Esmond. voted for the motion. AGENDA ITEM N0 ? : A p~u~lic hearing for consideration of a Conditional Use Pertttt for a night .club, Daquires, Inc. located at 329 University zoned C-NG in the Northgate area. t 90-71$ ~ Assistant Planner Kuenzel presented the staff report recommending approval. As of May 1990, night chubs are ]fisted as Condi Tonal Uses in all commercial districts. When a new establishment is found to rely :primarily on the sale of alcoholic beverages..:. by the drink for :its business, the .:.proprietor of that establishment must seek and obtain -a Conditional Use permit`. The PRC reviewed this project on December 5 1990. Of thee. three voting members, the Engineering and Planning representatives had no objection to the- proposal. The Planning and Zoning Commissioner- voted against the es ablis~hment because he felt enough of this type of business already exists in his area. Twenty seven property :.owners were notified with no response. 0.. ~ - 'd ~ ~ Senior Planner Kee informed the Board that the PRC handles all .landscaping requirements in theeNorthgate area. The applicant did not submit a formal drawing.; at the PRC meeting on'Deeember 5, x.990.: When the applicant applies for a building permit,: landscape draw..ing will be required. Mr. Hall asked:. about, the parking requirements for high density businesses in the Northgate area. Senior Planner fKee Mated that the PRC has discussed requesting a traffic impact study in the Northgate area:; however., there are no current parking requirements. Chairperson Sawtelle op~:ned the public hearing. Abdel-Monti Mohammad of` 605 Fairview informed he Commission that the establishment. would notbe. a night club. The use would be much like-the. old Farmers Market with pool tables, games, sandwiches, snacks,: and daquiries made of-wine. Chairperson Sawtelle closed the public hearing.., i Mr. Esmond ex.ressed concern to the, area bein` a edestrian p g p hazard and conditional user permits in the Northgate` area should be handled on a case by case basis. Mr. Dresser moved to approve he conditional use permit of Daquiries located::, in the Northgate area. Mr Colson seconded the motion which failed 4 - 2 Members sawtelle, :Hall, Esmond, ;and Michel voted against the` motion wh-ile members ' Dresser and Colson voted far approval:. AGENDA ITEM H4: 8: A public-:' hearing for consideration of a Conditional Use Permit..for an office building at the Samitary Landfill located 2.5 mile south of highway 6 on Rock Prairie Road. ~ 9 0-714 Assistant Planner Kuenzel presented the staff deport recommending approval with the PRC recommendations. The office building will be located across from the exis ing weighing station. Two property owners were notified with no respon a to date. Mr. Dresser stated that the crossing of utility easements was not corrected on the site plan. Ass-ist-ant. to City Engineer Morgan informed-the Commission that the= crossing of ,utility .easements 'are _subj ect to chap e g, adding that an engineer is Currently working on relocating the easements. Chairperson Sawtelle opined the public hearing... i Mr. Jim Ridgeway, City of College S anon Landfill Manager, informed the Commission that the current' facilities are temporary in nature. The proposed :office building would be an improvement which would make the sitemore pleasurable and safe. A temporary modular building will be stet ' in place with exterior mason`i e sidinc~. A permanent structure would be' a waste of money due to t~~e linvited 12 year operation. One set • ~ • of ca;les will remain and one new set well be bought.. to improve the safety and traffic flow of the site. A smaller.: building will be_placed between the 2 scales for operation. The water line will extend to Rock Prairie Road if the City feels they could use it as a transmission line. ~ , Assistant to City Engineer Morgan stated that the 8" transmission line wild serve the future developed `areas outlined in the Land Use Map. i i Mr. Esmond expressed cc►ncern over- the :water line not being placed in the public right-of-way for future public use, suggesting the line should be made larger to serve the surrounding developing areas. • ~ Mr. Colson moved to .,approve the conditional use permit for an office building at theSanitary Landfill. Mr. Dresser seconded the-motion whiclh passed unopposed ~b-01 AGENDA ITEM N4. 9: Discussion of the proposed BraZas Valley t Masonic Library and Muse~un. Senior Planner .Kee nfa~~med the.: Commission of the histor and . Y_ use of the proposed Library and Museum. she recommended:.the a royal of a .conditional use rather than re irin C-1 ~ pP ~ g zoning. The list of Conditional Uses in the Zoning Ordinance ~ includes community buildings,:.: public libraries, :and churches. Private fraternal lodge are listed as a permitted use in the C-1 General Commercial District. Pete- Normand, _a . representative of- the Brazo Valley Masonic L1.brary and Museum Association, informed the Commission of he intentional use of the facility. The s ructure will be more residential in style with three major meeting rooms than will contain books and museums cases. Meetings will be educational 'in nature such. as planetarium shows, Iaser light displays, etc. The library will contain information on Free Masonry and its roll in western culture, archaeology, mathematics, and i operative Masonry. Chairperson ~Sawtelle stated that she wanted it to be clear that the establishment will be a lib-nary and museum and note a fraternity hall. She said that the Commission should be assured that all organizations will have, access to- the. -facilities. l r Mr. Normand suggested the Commission tpulate in the conditional use permit which types of meetings are allowed and which are. not. He asked the Commission to canseder the facility as a library and museum and not base its decision on the, type of organization. AGENDA ITEM N0. 10s Presentation of .the Bryan-College station- long range transportation plan and study. Thies it-ern was wthdrawn..from the agenda. Chairperson Sawtelle asked that all members read the Transportation Plan beefore the next., meeting and be prepared to offer comments or suggestions. AGENDA ITEM N0. ll Discussion of requiring ien holders to sign al replats before approval by the Conunission. Senior Planner Kee infoY~med the Commission of the request by Mr. Rowan of First City Texan to require the signature of the lender-prior to approval of any :final plat, amending plat, or replat. City Attorney hocke agreed that it was a good idea. The Commission should consider if it would be in the. protection of public health and should the ..City be responsible for notifying the lender. Mr. Colson said that the Cit should not .have to have y authorization of the lender prior to the approval of a final plat.,, amending plat, or replat. The City should not be i responsible for business between the developer and the bunk. f Members Sawtelle, Hail, and Esmond -agree with,Mr. Colson. 1 Council Liaison Birdwell stated that the lender has; protection through legal documents and the releasing of clear title.- The City should not have the: burden of notifying the lender. AGENDA ITEM N0. 12: Other busne s. I. ~ - - u • • Mr. Dre ser staged hat the Commission should take a clear Lance on whether or not to allow conditional use ermts for P night clubs in the Nortrigate area. The Commission should be up front and be able to give the applicant alternative ~ locations and uses. i Chairperson Sawtelle said the Northgate area is already a pedestrian hazard and :proposed night clubs could be located somewhere else. :She agreed that the Commission as a whole would need to take a stance,; and the primary purpose of the bus ness should be consdered in each case . Mr. Dresser stated' that an establishment .benefiting primarily 3 ~ ~ from alcohol dr-ink sales is not appropriate along .University I I ,.r !1 Y r 'u ~ y ~ Derive. He also expressed concern about he parking problem at Sneakers not being solved. Mr. Colson staid that he would like to see a permanent lot in the Wolf Pen Creek Corridor instead of a temporary lot. He added 'that the Design Review Board should establish `an architectural scope such as rock wa ls, wrought iron, etc: Mr. Hall stated that the. applicant is not complying with what he committed to originally. The parking lot ,should be permanent because the damage to: the vegetation :will be, permanent. He added that the ..applicant created the traffic hazard when he changed the use of the building. Mr. Esmond stated that there are no other alternatives for the- site. The applicant wild be forced to go back to the original u e, a restaurant. If the Commission w l not allow a temporary parking ot, that section of the ordinance should., be deleted. Senior Planner: Kee explained to the Commission that an' ordinance could not legally require property owners, i.eo the bank in this case, to.enforcetheir: trespass rights. Instead, nuisance complaints could be filed.: AGENDA ITEM NO,. 13 : Adj ourn~. Mr.:Colson moved to adjourn the meeting of thee:. Planning and Zoning Commission. Mr. Dresser seconded the motion which passed unopposed. APPROVEDs Cha rman, Nancy Sawtelle ATTEST:: City Secretary, Connie Haoks