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HomeMy WebLinkAboutP&Z Minutes ~(.llB~J\J.TJ:NNO..5: Public hearing to consider a rezoning request for nine tracts totalling ~R.Z3.. .~(tt'eS locate<ialQng.thesouth.si4e of F<M2818 extension at the East By Pass from R-l single (amily.residential to C-lGeneral Commercial. (93-100) $.~n.ioJrPl~nner.Kee.presellted the.staff . report and stated that. if . the .city.wishesto. deviate from the ftJ.tl.lre land. use planas adopted in the 2818 report by rezoning this property, the following conditions. should be imposed: We should acknowledge and state that we wish to deviate from the land use plan as adopted and adopt a different concept so that future rezonings will be in compliance with out comprehensive plan. We would be acknowledging that this concept is more desirable than the one we had previously adopted. The property should be platted prior to the zoning becoming effective. This plat should .contain one or more lots that function as one integral unit from a traffic circulation,. driveway access .and. signage standpoint. ..Access easements should...also be considered to provide cross access. to adjacent properties if.appropriate. Senior .Planner Kee stated that at the tim.eof platting and as the Dartmouth Street right-of-way is established, we will look at the remaining part .of this. 38 acres that. ends up on the. ~west side of Dartmouth to. .determinewhether it should. remainC-l.. We will determine whether it h.as adequate depth along Dartmouth to comply with our development policies. If it does not thell we should look at some other zoning classification and at that time also consider land use and buffer arrangements depending on existing conditions. The applicant has also requested that the Dartmouth extension be relocated to the most westerly property boundary so as to allc)w for more developable area. Twenty-two surrounding property owners and. a representative of the Mile Drive residents were notified . of the public hearing and two responses in opposition to the rezoning request were received. Chairperson Hawthorne opened . the public hearing. Applicant John Doucet of 5524 Bee Cave Road in. Austin approached the .Commissiorl and stated that he represents. the land ovvners of the property in question. Restated that he also represents a national. retail firm who. has been . looking into locating in. College Station. for some time. The minimum size that is required for this particular development is approximately 25 to 30 acres; however, there are not . many sites of. this size in College . Station. . Mr. Doucet added that the proposed location is appropriate for retail use primarily because of ,the transportation illfrastructure recently installed and the accessibility to the East ByPass. . The existing surrounding residential development will.. be . buffered from the.. retail . development by.. the proposed . roadways and the existing creek. Because the area in question willbeoccupied by Qne ;U~tl"andadequate buffers are provided, the, proposed development will not compromise the surround~ng land uses. Mr. Doucet stated that the proposed development will provide a tax base to <:;gll.ege'"Station and would allow the opportunity to obtain . the majority of the right-of-way. for the Dartmouth extension. Commissioner Gribou questioned the applicant as .to..the possibility of not relocating the~ Dartmouth extension. Mr. Doucet explained that because of the size of the proposed building and the parking required, Dartmouth would have to be relocated in order to fit everything on the site. Pat Siegert of Clarke & Wyndham Realty approached the Commission and stated that he agrees with the points made by Mr. Doucet. He stated that he. is currently listing the property immediately across the street from the subJect property. This property will facilitate the other two comers of the proposed Dartmouth extension. The proposed relocation of Dartmouth would not be a problem for the current . property. owner. Mr. . Siegert stated that because of the existing and proposed infrastructure,. both locations are appropriate for retail use. P & Z Minutes January 21, 1993 Page 4 Gail Griffin of 108 Mile Drive appro~ched the Cotnmissionand stated that she has lived in this residenc.e for fifteen years. and. has worked with the . city on several. occasions on the development of the surrounding, area.. ,. She stated that she is interested in the growth of College Station; . however, she is. more cOllcemed withallorganizedgro\yth. . The pr9perty owners and city staff worked at length to come up with au acceptable land use pIau for this, particular area., ' Once a rezoning is granted for retail developmentjn this area, thepl~n is changed and. a domino effect will begin to demandmorecommerci~ldevelopment. .... If thisr~zoningisgranted, there is a PQ~sibility that the de~lwinfallthroughal1d finyonecol,l!d com~. ill and subdivide the property for their own cOlnmyrfiall,lse. The residentsofMil~ ,Drivell1et last night and decided unaniIIlol,lsly to encourage the Commission to not rezone the subject property and to preserve the desired mixture of uses in this area. Chairperson Hawthorne asked Ms. Griffin if the rezoning request was granted and all of the property south of the. creek stayed the same, wo.uld this be an acceptable situation. Ms. Griffin stated< that theproposedsituation>tnaybe acceptable; however, there will still be a domino effect created and increased pressure to rezone the remaining. areas. John Jordan of 117 Millers. Lane approached. the Commission and stated that .if tble proposed rezoning is granted, two existing residences will have to be demolished. If this is allowed, the door is. open to developers to come into any residential neighborhood and remove homes for commercial purposes. Mr. Jordan continued that the widening of F M 2818 has devalued his property for residential.purposes. This area was originally planned for residential use and. should continue as residen tial. c. A. Bertrand. of. 120 Millers Lane approached the Commission and stated that he sees both sides of the arguments presented.. .. .He stated that he owns the maJority . of the property inqluestionand has lived in this area for thirty-five years. . Mr. Bertrand stated that he is familiar with t]le proposed development and does not have a problem with this particular rezoning request. HO'Never, he is concerned with allowing commercial uses along the .entire F M2818extension .and allowing strip development. The residential character of the area should be preserved and can be with the proposed buffering associated with the proposed development. Chairperson Hawthorne closed the public hearing. Commissioner Mariottmoved to recommend approval of the 'rezoning request for nine tracts totalling 38.23 acres located along the southside.ofthe FM2818 extension at the E~ast By Pass from R-l single family residential toC-l general commercial with all recommendations outlined by staff. Commissioner. Lane seconded the motion.. Commissioner Hallexpress~dconcem of going against the plan that staff, the Commission and City Council put so. much tim.e and effort into developing. He stateJd that he has a strong sense that the City Council wanted .this ..particular land. use plan and he would need more directio~n from the Council before taking action on this particular rezoning request. Commissioner Hall stated that the city has the opportunity to provide another pleasing entrance along a primarily vacant major thoroughfare like . University Drive. The entire purpose of the FM 2818 Study was to be prepared for development pressures along this corridor. Commissioner . Hall also expressed concern of the environmental impacts of this size and type of development located so close to the creek:. Chairperson Hawthorne stated that he met with Mr. Doucet this afternoon to discuss this particular request. Hestate.dthat. he was a member of the subcommittee that worked on. theF M:2818 Study and. feels .that we do have. direction from City Council. The proposed land use plan that the Commission forwarded to City Council had more retail commercial uses and higher density areas. The City Council had problem.s with that proposal and revised the proposed land use plan. p.& Z .Minutes Jan uary 21, 1993 Page 5" Chairperson Hawthorlle stated that he . is not a nti.,pusiness; however, College Station is a rapidly growing community and we should .beawareof<that fact and should have a . goal to attract businesses in.. the appropriate locations. . He expressed>concer-n of deviating from the proposed land use plan that derived from public involvement and> staff working with the . Commission and City Council. Before deviating from the plan at such.an early stage, we should first establish why we should even reconsider the plan. The motion to recommend . approval of the. rezoning request failed (2 - 5);Commissiollers Mariott and Lane voted. in favor. of. the motion. AGENDA ITEM NO...6: Consideration of a final amending plat of Chimney Hill Villas., (93-203) Assistant to the City Engineer Morgan presented the staff report and recom.mended app1roval of the amending plat with the following conditions: Access is limited to the rear access easement. This should be reflected in a note on the plat. A note on the plat should reflect a finished floor elevation for lot 11 to adequately protect any structure from flooding due to storm sewer system overflow. Representative of the applicant Christian Galindo approached the Commission and offered to answer any questions pertaining to the proposed amending plat. Commissioner Mariottmoved to recommend approval of the final amending plat of C~himney Hill Villas with staff recommendations. Commissioner .Gribou seconded the motion which passed unopposed (7 - 0). AGENDA. ITEM NO.7: Other business. There was no other business. AGENDA ITEM NO. 8: Adjoum. Commissioner Mariottmoved to.. adjourn the. meeting of . the Planning and Zoning (~ommission. Commissioner Lane seconded. the motion which passed. unopposed (7 - .0). A1TEST: Planning Technician, Natalie Thomas P& Z Minutes January 21, 1993 APPROVED: Chairperson, Kyle Hawthorne Page. 6 .,' ...a city Council Re~ular Meeting February 11, 1993 Page 5 Mayor Ringer mentioned that the request is in conformance with the zoning and parking standards. The question of security land litter has been addressed as part of the conditional use permit, and after consultation with the .legal counsel, there is not data available to determine there are traffic or parking problems. In hisopinion,.the.c()uncil hap no legal basis, to overturn the granting of the conditional use permit, no matt~r how the council may personally feel. about, the land use, or their feelings about the distance between the bar and church. The council isbollnd to actunde~ ..the laws of the state and city , unless the council can define legal and valid reasons to deprive the us:e of this lc3.nd. Howard Atkinson, 120.4 Westover addressed the Council about ,tha purpose of the council's action. Mayor Ringer replied that the zoning ordinance requires a procedure for appeals to be plac:ed before the city council. The motion to deny the conditional use permit failed by a v()te of 2-4. FOR~ CouncilmembersBrown and Schneider AGAINST: . MayoF Ringer, CouncilmembersMcIlhaney, Crouch, McIlhaney. and Gardner Councilman Crouch made a motion to uphold the Planning and Zon.ing Commission's. decision to grant the conditional use permit with conditions placed upon it by the Planning and Zoning Commis::;ion. The motion was seconded by Councilman McIlhaney which carriE~d / 4-2. FOR: Mayor "Ringer. ,.Counci lmembers Crouch, Ga"rdner, Mcl lhane~y AGAINST: Counci'lmemb.ers Brown and Schneider Aqe.nda Item No. 6. -Apublic hearinc(toconsider an ordinance rezoninC(3S.14 acres from R-1SingleFamilvResidentialto C-1 General.. commercial. Property . located at the". southwest corne~r of theinterse.ction<of 281'8 andSH ...6 East BVDass. Senior Planner .Ja:ne Keeaddressed this item. This request hlas major implications for the future Land Use Plan adopted last. summer for the 2818 study area. Inparti,cular,the a.rea bou.nd by the 2818exte~sion,TexasAvenue. and. Tributary A.. of Bee Creek. .1 The request involves 38 acres in the most easterly part of t,he I area... Thif; requ~st>also involves land thatwillil1clude,the right of waY.dedication for the portion of. DartmoQth extension that you adopted as part of the plan. The request is to rezone 38.14 acres from.. . R-l Single Famtlyto C-l Gene:ralCommercial. The applicant is Doucet & Associates,. Inc. repres~nting owners of nine tracts in the area. The land use plan adopted last summer reflects the area fdroffice andmedium density residential uses. This requestfor.C-l on. this particular Pfoperty.does not comply with the land u$e,. element of the ComprehensivePlal1. The original recommendation for. this study. area included office commer.cialandhigh density residential uses in this area . .A.t .. .. city council Regular Meeting February 11, 1993 Page 6 the pUblic hearings, tobalanc:ethe interest and varying opinion that were voiced during those hearings, .the final council action was to preserve the lower density residential character of the larger stl.lQY area. Commercial development is not,inappropriate, but it ,does not comply with the lCinduse element of the comprehensive plan. , It would also not preserve areas in this study area for residential development. This was one of the motivating factors in the study. Ms. Keepointedout that. commercial zoning is a valid concept at this location. She. explained the net revenues for the. city and school district. Ms.Kee identified factors to interject as conditions if the property is rezoned. These conditions areas follows: a) the . property should be platted prior to the zoningibecom.ing effectivei.and, b) it. is important that th~ rezoning actions are in complia.nce with all elements of the plan as possiblei and, c) aCknowledgethatwear:eideviating from the Land Use Plan. as adopted" and adopta. different concept. Mayor Ringer opened the pU:bilic hearing. Applicant John. .Doucet of 1301 capital of Texas Hwy. South in: Austin, spoketo.the >Counci!l. He mentioned that he has sear'ched for a year .to locate suita'bi1e property in college station to build a WalmartSupercenteri. This particular s.ite has the qualitie~ to bu~lda. store pf this capacity. He described t.he benefits .forColle.gestatior if this development occurred . He presented . slides of ,the area including Mile . Drive and existi,ng comInercial' establishments. ! Mr. Douc~t r.ead a statement from his real estate broker , CB Commercial which indicated . that College station .hasan .off ic~e space vacancy rate. of 28perrcent . To achieveastabili.zed healthy real estate market iWou1d require an occupancy rate at 95 percent. 395,000 sq:. ft. off additional space would have to be . absorbed. cons;iQering th~~mount9f occupied space that has remained for the/past severplyearsand theinumh>erof jobs :!:"equired to fill the vacancfLes,it<is veryunlik~lythat any. new 'office space will be requi:r~dinthis marketinthenext.sev'eral years. Mr. . Doucet ,~1l.\pp.a.s>izeclthat ~hisintersection in>.his opinion is the,best~~8qJr~ion~Qrret:ai~.d.evelopment in. tl1.isarea~ .. He concluded'tl1.arb.ebelieved pis request is an appropriate use for this area and. does not beli~vetl1.ere are adverse impacts to adjacent property. HeintrOdu.8ed/J"Op.n Clark of:WaIItla.rt, Brenda Lynqh, Keith storm, and the landowners. Herec()gnizedmany individua.lsfrom Walmart. city Council Regular Meeting February1!, 1993 Page 7 Councilman Gardner asked Mr. Doucet to explain why they felti there is a need for another store of this magnitude. Mr. John ClarkofWalmartexplainedtheSupercenterstore concept. Hecontinl..ledtostate that Bryan. .andCollege station are markets.. lacking enough grocery store .toserve the .current volume and growth. He mentioned that the WalmartCorp. will ask for tax abatement from the city. Keith Storm, General Manager of the College station Walmart store, 3808 Goldfinch addressed the council in. support of the new store. He referred to the rapid growth of residential development. Mr. Clint Bertrand, 120 Millers Lane, addressed the Council. First, he preferred R-1 zqning,but accepted the fact that this property will not remain residential for several reasc>ns. First, the property serves. as a.single.use function and thei:proposed request is appropriate.. Iie noted that he has placedisreveral restrictions in. the agreeInent with Walmarttosell h.~~ property. Secondly, the area has .. adeqt1~te. buffers . Thirdly,. h~. i believed the project is desirable fo'r: this area and if this piqject does not prevail, the land will not develop . right away. ,Another advantage is that the city will benefit from the extertsion of Dartmouth. Larry Satterwhite, 2707 Normand spoke in favor of the rezoning request. He currently owns a parcel of land along the 2818 extension. Jay Don Watson of 609 Bob. White in. Bryan, representing the Baptist Church LoanCorporat~on spoke to the Council. He indicatedthe< .Churchdoes., not plan to locate at this. site and recommended rezoning. Gail Griffin :.of,108 Mile Drive, approached the Council and spoke in....oppositi.on.. to the rezoni.ng.She....recognizedtheMile Drive residents present... . .She expressed concern ab.outtheir land values declining because the surrounding areas will become commercial. She u.rgedthe. counciltofocu.sonthe . "quality of life" as an important factor above any economic .. factors. . In summary, the rezoningdoe.s not comply . Vlith,thecity' s plan. She complimented the Council on their service to the community . Councilman McIlhaney .asked.theMile Drive property owners if.. they would be troubled ifthe?ouncil ,tabled this issue based on the new proposal to integratei! one tract. andre-evaluate the existing plan and comei>ack with a.i recommendation for the entire area. M.s. Griffin repliedthCit 'tb.e, ,staff and property owners spent an entire year looking. for tfiebestuseof the areao She did not agree that another study ~hould be done. city council Regular Meeting February 11, 1993 Page 8 John Walter. of 2708 N.'Wilderness approached the Council. The quality of life attracted his family to move to College Stat.tion. He mentioned that the impact of the Supercenter willadverse!ly affect the residential neighborhood. He urged the councilt.o abide with the original plan. Josie Peacher, 8705 Sandstone, addressed the Council. She s;poke on concerns expressed to her by some of the Emerald Forest homeowners. One .majorconcernisthetrafficvolume and the! possibility of other bar establishments in the area. John Jordan, 117 Millers Lan.e, came forward. He requested t~he city council to retain the character of the area. Al Boorman, 113 Mile Drive, addressed the Council about the future of College station. He expressed concerns aboutC-1 zoning in the area and the adverse affects to the residents of Mile Drive. Lisa Cantrell, 107 Mile Drive, addressed the Council. She recently purchased their home on Mile Drive. One of the bas~is for purchasing this house was the Comprehensive Land Use PlaLn. She.urged the.council to consider the current plan. Craig Hall , 1702 Amber Ridge spoke to the Council. He expre~ssed concern of deviating from the land use plan in such a short time from its inception. Mr . Hall expressed concern about the t:r.affic volume, the drainage and flooding problems. Patrick Siegert, 8701 chippendale, of Clark & Wyndham Realt~r .approache.d the Council to speak in favor of the rezoning req[uest.. He stated.thathe will soon request a rezoning change.fromA-P to C-l on the property across ~!he street, approximately 40 acres. Mr . seigert stated that bec~!1lse of the existing ,and proposed infrastructure, both locati6ns are appropriate for retail use. JohnCla.rk ofWalmart, Inc . ,in Arkansas ,real estate manage:r~ for Texas came forward. H~alluciedto Walmart'sobjectives for locating Supercenters> in Bry!~nand College station. He pointed out. that both stores in B:rY~r and College station are above company average. He respoIlc1jiedto comments made by the citi2:ens andexpressedfurtherconune~tsabout the gr.owth materializiIlg in College station. Gail Griffin addressed the Council. .. She referred to the out:lying communities, who work and gO,:ro school. here . The media . recently mentioned there is a need ifq:r residential development here and sheagreedthattnere is a; 9!reater need for residential thaIl office or commercial. Al Boorman asked if the deed restrictions have precedent ove~r plats. Asst. city Attorney ::Nemcikreplied that he is correct, unles.s it is an illegal deed restriction. Mayor Ringer adde~d city Council Regular Meeting February 11., 1993 Page 9 that the city cannot enforce deed .restrictions. .. .Ifthisproperty is rezoned, the staff recommended that the rezoning be contingent upon.the propertybeingplatt.ed and to administer this plat as a single building site. John Walter came forward . He pointed out it doe.s not seem right fora large corporation to ask a city to make adjustments. Jason Bryan, a resident of Bryan spoke to the Council. He asked theWalmart representatives what type of store would occupy 'the vacant building. . Mr. Clark~re;plied that there . are other typ1es of retai lers that would not be ..in competition with Walmart, and some ha.vecontactedWalmart for lea-se of the bui lding . Mr. Bryan agreed with the position of the homeowners. Mayor Ringer closed the public hearing. Agenda Item No .7,- ... Consideration of an ordinance rezoning 3~B .14 acres from ..R-lsingle Family Residential to C-1 General Commercial. Councilman Schneider moved to approve the rezoning request f:~om R-l Single Family ResidentialtoC-1 General Commercial and follow the staff recommendations as follows. 1. Property should be platted prior to the zoning becoming effective. 2. Acknowledge that the council will deviate from the Land lUse Planas adopted and adopt a different con.cept. 3. The plat should be consider as integrated property as once. building lot. . 4 . Acknowledge that this rezoning is a revision ofa land u::;e element of the comprehensive Plan. Councilman Crouch .seconded. the motion. Councilman Brown made a motion to table this item and recons~ider this item on the March 25th agenda to allow the council to revisit. the land use plan. Councilman McIlhaney seconded the motion. The motion carried by a vote of 5-1, Councilman Gardner votillg agains.t . Mayor Ringer announced that on the February 24thcouncilagellda, discussion will' beheld on .theLand Use Plan. Councilman McIlhaney asked staff to provide information on tile- University Drive.. corridor 0 Mr. Clark mentioned to the Council that this action of the council willdelaytheir.proj'ect until next year. Wa.stewatersuperintendent Bill Riley introduced this item. H~ . briefed the Council on the affects of the operatiohwit.h .regard. to the new regulations. l Lawrence Carter, Wastewater Operations. Manager addressed the council. Effective October 1,1995, the Texas Water Commission will require a permit with more restrictions and new requirements. The <Environmental Protection Agency has also set limitations on the operation of the sludge handling and disposal. In order to satisfy the necessary requirements, the staff reconunend.ed a comprehensive evaluation which will. address three objectives. 1. Fulfill Immediate Needs 2. Plan for Long Range Growth 3. Evaluate the entire Wastewater System Mr. Riley mentioned that monies were available in the budget for the improvements necessary to comply with the mandated requirements. However, the .staffdid not know the cost of the total improvements. Aqenda Item No. 3 - Discussion of senior Planner Jane Keepresented this item. She began her presentation by summarizing the four objectives established in the land use plan adopted last year. The first objective was to look at the study area, the golden triangle area ,and det.ermine whether or not the area was viable for low density residential housi;ng. The second objective was to avoid strip commercial development along the new 2818 Corridor, to avoid the kind of situations that exist.al'ongHighway 30 and the majority of Texas Avenue. Another objective was to look at FM 2818 as an entryway, \, She changes occurred. in if Mayor Ringer raised several issues~ Fir~t, if the land use.plan were changed,. hoVl would we.protect the .integrity.ofthe residential area from encroachment and we would also need .to provide mechanisms for a buffer. Another issue . was . that challges should be well considered and a plan should accammodat.e chan~le. He emphasized that the council has to decide on the most . appropriate and best use of the land. Councilman Crouch served as a member of the subcommittee who studied the land use plan last year. She stated there were several property owners. in the. area .and the concern of thegl::"oup , at that time was that it would be difficult toenvisionthesE~ properties as one large commercial tract. In addition, the m~difications made to the plan were ba~edonthe residential property owner's comments. Ms'. Crouch pointed out that it appeared some of the property owners have changed. their mindf; since their input last year. To explain her viewpoint furtller, she referred to the fiscal indicators report. She concluded that changing the adopted plan may be a logical solution based on the reasons she stated. Councilman McIlhaney.strongly .urged.the council to keep in mind what th'e council sees as the focus of our community . Councilman Kennadyremarked that.a balance between economic development and quality of life is important. He directed questio'ns. to other councilmembers. Mayor Ringer responded to Councilman Kennady's question abou1:. revenues. ..Based on studies , revenues generated to the city 1:rom residential uses does not offset the cost for services. Councilman Schneiderra~sed a question regarding the consequE~nces of no,trezoningthe property. Mayor Ringer addressed two concerns. First, the protection of buffer zones; and, second, the other types of permissible '\ Councilman McIlhaney expressed her concern of the intersectic>n at Emerald Parkway and the Ea.st Bypass, regardless of theoutcolne in this rezoning case~ A traffic light at the intersection is important. Again,she..expr~esS?ed the need for an entryway .tothe community. Councilman Crouch maintained that the best use of the area commercial. ; C" ..L ..:>> After further discussion, Mayor Ringer asked the council if t:hey wished to place onafuture agenda consideration of amendment: to. the land use plan. CquncilmanMcIlhaney suggested a joint meeting., with the Planning and. Zoning ~Commission. The counciJL cc;>ncurred to hold a special meeting. Mayor Ringer added that: discussion of the land use plan shall be placed on the March 24th council meeting. CUJ:rent Councilman Crouch commented that this topic derived from the Community Appearance Committee. Discussion .washeld on diffE~rent shopping centers developed prior to the landscape ordinance, and ways to bring them into compliance. City Manager Ragland suggested the staff work with a council subcommittee to look at different concepts. Mayor Ringeras~~ed the Community Appearance Committee to work on this project. Councilman Mcllhaney stated that the city Affairs SubcommittE~e met with the CSISD Subcommittee to discuss this item. The BI~yan ISD. hppes to retain John Carver for a one .day seminar. . Thec)ther entities would be invited and asked to share in the cost. The