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HomeMy WebLinkAboutMinutes MINUTES Planning & Zoning Commission CITY OF COLLEGE STATION, TEXAS February 3, 1994 7:00 P.M. COMMISSIONERS PRESENT: Chairman Hawthorne, Commissioners Mariott, Smith, Lane and Hall. COMMISSIONERS ABSENT: Commissioners Griboll and Herring. STAFF PRESENT: Assistant Director of Economic & Development Services Callaway, City Planner Kee, City Engineer Pullen, Planning Technician Thomas, Development Coordinator Yolk, Transportation Planner Hard, Staff Planner Dunn and Staff Planner Kuenzel. (City Councilman. McIlhaney was in the audience.) AGENDA ITEM NO.1: Approval of ttrlnutes from the meeting of January 20, :1994 Commissioner Hall moved to approve the minutes from the meeting of January 20, 1994 as written. Commissioner Mariott seconded the motion which passed unopposed (5- 0). AGENDA ITEM NO. 2: Public hearing to consider a rezoning request of approximately 8.90 acres located on the southeast comer of F. M 2818 and Welsh, Tract A of Southwood Valley Section 30, from C-N Neig!1borhood Commercial and C-3 Planned Commercial to C- 1 General Commercial. (94-100}7' Chairman Hawthorne excused himself from considering agenda items two and three due to a conflict of interest. Staff Planner Kuenzel presented the staff report and stated that the purpose of the C-3 zoning that is currently in place is to provide small commercial sites that are relatively low traffic generators that have little impact on surrounding areas. The purpose of the C-N district is to provide low traffic generators with uses oriented to the area neighborhood. As a condition of the C-N district, the applicant would be required to prove to the Planning and Zoning Commission that the use he proposes is going to serve the residential area as opposed to the general public. The requested C-1 zoning would have no maximum size limitation and its general commercial uses do not require additional review. The City's Comprehensive Plan states that commercial property should be located at intersections of major roadways.. This rezoning would not conflict with this policy. The Land Use Plan reflects the subject tract as high. density residential. However, since the adoption of the Plan, the property has been rezoned. In 1983, the Commission and City council heard the request to rezone this area from R-l Single Family Residential to C-1 General Commercial. The City Council decided at that time that the two more limited commercial zoning districts would be more appropriate due largely to traffic concerns. At the time of the rezoning, the size restriction of a maximum of two acres was discussed for the C-N district. The C-3 district limits the lot acreage to three acres. The applicant intends to replat the C-3 portion of Tract A thilt would comply with the lot size restriction. The rezoning in 1983 constituted a change in conditions that could justify the proposed rezoning. The replat provides an opportunity for a comprehensive approach to zoning including consolidation of property. There is some concern for traffic on both Welsh and F. M. 2818. However, the traffic issue can be addressed through the platting process. '., Staff Planner Kuenzel recommended approval with the condition that internal access between all of the lots currently included in Tract A be provided and with the condition that access drives from Welsh and F.. M. 2818 be controlled through strict adherence to the Driveway Access Location. and Design Ordinance. Staff Planner Kuenzel stated that representatives from A & M Consolidated High School have expressed concern of the proposed rezoning primarily due to traffic and the sale of alcohol. The proposed operators of the subject property have obtained an alcohol permit through the Texas Alcoholic Beverage Commission. Commissioner Hall opened the public hearing. Jeff McDowell of 1105 Peach Creek Road approached the Commission on behalf of the applicant James Woods. He stated that the two tracts will function as one tract for the purposes of access and signage. . To . address the traffic concerns expressed, the proposed access points have been moved further to the east along Welsh than required by ordinance. An interior access easement is alsoqeing dedicated to. allow access within the site itself between the individual lots. Mr. McD'owell stated that this is the only corner at the F. M. 2818 and. Welsh intersection that can be developed due to the location of floodway in the general area. Bob Currey of 9207 Shadowcrest and Principal of A&M Consolidated High School approached the Commission and expressed his opposition to the rezoning request. His main concern is safety and possible increased traffic in the area if the property is rezoned to C-1. John P. Rouse, the Assistant Superintendent for Curriculum and Instruction for the College Station Independent School District approached the Commission and stated that he was first notified of the proposal when the applicant requested an alcohol permit. Representatives of the school district protested the alcohol permit; however, it was granted by the county judge. Mr. Rouse explained that the school tries to maintain a drug and alcohol free environment for all students and it is difficult.to do so when alcohol and tobacco is allowed to be sold directly aCross the street from the school. Since the rezoning of the subject property in 1983, there have been several changes in the area that have considerably increased traffic. The construction of Rock Prairie Elementary School with approximately 800 students and Rock Prairie Junior High School. '\Vith approximately 1000 students are both located along Rock Prairie and Welsh has become. a major artery of the school district connecting these two schools with the high school..Mr. Rouse stated that if. the rezoning is granted, traffic congestion at Welsh and F. M. 281~ 'Will only worsen. There is already a problem along Welsh in .addition to the congestion, tl1at the speed limit is 50 miles p~r hour and there is not a designated school zone. Mr. Rollse concluded that the rezoning would a~d traffic and loitering problems to the area. Withi the sale of alcohol and tobacco across the street, it will be difficult to monitor. students once. trey leave campus. This is a major problem with the high school in Bryan and it is a problem that the College Station School District would like to prevent. Commissioner Hall closed the public hearing. Commissioner Lane moved to deny the rezoning request of approximately 8.90 acres located on the southeast corner of F. M. 2818 and Welsh, Tract A of Southwood Valley Section 30, from C-N Neighborhood Commercial and C-3 Planned Commercial to C-1 General Commercial. Commissioner Smith seconded the motion. Commissioner Mariott stated that he. understood the concerns expressed by the School District; however, the subject propertY' seems to be suitable for commercial use especially since there is no other commercial uses in the immediate area. P & Z Minutes February 3, 1994 Page 2 Commissioner Smith stated that the current zoning of the property includes many of the uses that the School District is concerned about; however, the C-l district allows even more intense uses for the property. There is no guarantee that the property will be developed as proposed with an office complex and a convenience store once the property is rezoned. The motion to deny the rezoning request passed (2 - 1 - 1); Commissioner Mariott voted in opposition to the motion, Commissioner Hall abstained from voting and Chairman Hawthorne removed himself from the consideration of the request due to a conflict of interest. AGENDA ITEM NO.3: Consideration of a final plat of Tracts A, B and C of Southwood Valley Section 30. (94-204) Chairman Hawthorne excused himself from considering agenda items two and three due to a conflict of interest. City Engineer Pullen presented the staff report and recommended approval of the final replat with the recommendations outlined in the Pre submission Conference Report. Commissioner Mariott moved to recommend approval of the final plat of Tracts A, Band C of Southwood Valley Section 30 with staff recommendations. Commissioner Lane seconded the motion which passed unopposed (4 - 0). AGENDA ITEM NO.4: Consideration of a final plat of the Industrial Park Phase n. (94- 205) City Engineer Pullen presented the staff report and recommended approval of the final replat as presented. Commissioner Mariott moved to recommend approval of the final plat of the Industrial Park Phase II as presented. Commissioner Hall seconded the motion which passed unopposed (5 - 0). AGENDA ITEM NO.5: Consideration of a final plat of the Gateway Park Subdivision. (94-203) City Engineer Pullen presented the staff report and stated that the purpose of this replat is to replace a temporary blanket easement with permanent dedicated easements. Staff recommended approval of the final plat with the conditions outlined in the Presubmission Conference Report. Commissioner Lane moved to recommend approval of the final plat of the Gateway Park Subdivision with staff recommendations. Commissioner Mariott seconded the motion which passed unopposed (5 - 0). AGENDA ITEM NO.6: Consideration of a preliminary plat of Pebble Creek })hase Four. (94-300) City Planner Kee presented the staff report and stated that the proposed configuration differs slightly from the original approved master plan but this design is betU~r from an access standpoint. Lots will not be accessing directly to Spearman Drive but rather will be accessing from a rear alley. The property will need to be rezoned prior to filing of any final plats. Commissioner Hall moved to recommend approval of the preliminary plat with staff recommendations. Commissioner Smith seconded the motion which passed unopposed (5 - 0). P & Z Minutes February 3, 1994 Page 3 P&I Minutes 1-20-83 page 2 after locating his land on a map, it was determined that medium density apartments zoning was being requested adjacent to his land. He said that he thinks he is still against this rezoning request. No one else spoke, so public hearing was closed. Mr. Fleming asked Mr. White why he would be against this request and Mr. White said that he preferred it to stay Agricul- ture Open Space because of the proximity of any development to his home, and the possible danger of heavier traffic to his children. . Mr. Hal L asked if screening would be requ ired betweenR-5and R-2 zoni ng and was informed by Mr. Mayo that th is wou 1 d not be necessary, but the P&I could request it if desired. Mr. Fitch said that a fence has a lseady!"b~en bu i 1 t on one sect ion. Mr . Mi.ll er as~ed if Mr . Call away knew of any sewe~probJeW7 which would arise as a ~esu1t of thisyezoning and Mr. Cal1alr./ayreiter- atedthat t~.tconsultapts haVre indicated they see no problem. Mr. Hi 11 made amotion to recommend'\~pprova1 with Mrl<Bailey seconding. Motion to approved carried unanimously (7-0) . . AGENDA ITEM .NO.4:> 83-101: Apub1 ie hearing on the question of rezoning Tracts A, D & E Southwood Valley Section 30 from Single Family Residential District R-1 to Apartments Medium Density Districf R"'5and General Commercial District C-1. Application isin the name of Area Progress Corporation. Mr. Callaway located the tracts on a map, explained the size of each and pointed out zohingof neighboring properties. He said the City's consultants had informed him that the water and sewer capacityfor the proposed zoning was generally acceptable; then hedis- cussed the current comprehensive plan and the preliminary plan recommendations for this area and informed the Commi ss ion that staff is able to support the request for rezon i ng tracts D & E toR..5,butcanllot support the request to rezone tract AtoC-l for several reasons which inClude the fact that this zoning is not on either of the plans, it is adjacent to a P~T~, (although the Parks Depart:nent has indicated this will riot adversely affect th,~ location of a park) bufprTr:lari1y because of its locationri~htacross the major thoroughfare from the hi.g~sch()oJ. He reportedthi~ TrafficEngin~er has predicted a traffic signal will be establishedar this intersectionsomet.imelaterin 1983. Mr. Bailey asked about the policy of; having access roads along F.M.2818 ailld~r. Mayo said there jsnothing in the p1ansf()rthi~!'iand although these acc~ssroads.do help to move traffic, they a1 so cause thedev~lopme\lt of dangerous intersections. .Mr. Kelly asked about the 300 ft. right-of-way, and Mr'.Mayo said tl1atthis would so~edi3Y be widened. Mr ..M ill er asked about sewer capaci ty~nd Mr. Pullen sa i dany limiting factors .wou 1 d be caused' by infiltration, and thaLin1:h~next 5 years a funding 'proJest for a relief sewer system is planned which wouldpr(i)vide more capacity to this an~a. He said that if there was a project proposed forah?d?itiona1 400 units, then this ~ouT? have to be studied thoroughly, and a limit of d~n~ity might have to be imposed,and'each project will be studied on an individual basis. t1r. Hall asked if staff would consider this same argument if A-P zon i ng had been requested, and Mr. Call away sa ld that A__P is not on any plan either, but an A-P deve10pmentprpbab1y would not attract pedestrian traffic cross- ing the street as this proposed commercial development most 1 ike1ywi11. Public hearing was opened and Bill Fitfh came forward and said he issurprised that staff cannot support the C-1 request, therla?ked Mr. Pullen about the proposedsewer project he mentioned earl ier. Mr. Pu11enexp1ain~d that presently there appears to be adequate sewer capacity for current zoningin<the area and the development which is there, but further high density development upstr~'am could cause a problem and a r~lief sewer pro- ject is being planned for the future.. . Mr. Fitch then went to maps and pointed out sewer lines and development in the area. .Hesaid the number of residentsjnthe already developed area warrants a convenience.store. Mr. Hall said that hebe.lieves a commercial development would serve the residents\4ell, but questiohed the advis~hility of the loca- tion right across this busy street from the high school. Mr. Mayo said he bel ieves a r c:rt.. ,'I" It:::::. 1-20-83 page 3 better plan would be a C-N tract at Deacon and Welsh. Mr. Miller asked Mr. Fitch if he could think of another location for a convenience store. Mr. Hill reminded Mr. Fitch of how protective he had been of his. land when the question of the location ofa power station had come up, and Mr. Fitch said that he had tried at that time to avoid having 2 power transmission 1 ines going through a resident-ial area. Mr. Mayo again pointed out that a more convenient and safer place for a convenience store would be at Welsh and Deacon Streets. He also referred to some commercial zoning south of the residential development which would be convenient. Mr. Hall pointed out that C-l zonin9 could not only have a convenience store, but also a fast food restaurant, the location of which across from a high school could create a safety hazard. Dr. Nye of the College Station Independent School District came forward to answer ahy questions, but stated that he was not here as a representative of the administration to either support or oppose this proposed commercial rezoning. Mr. Mayo asked him if he is ":'a\';l'are of the projects which could go into C-1 zoning, and Dr. Nye answered in the af- firmative. Mr. Kelly asked how many children leave the school during the lunch hour, and .Dr. Nye said the high school would have a closed campus after the new constr'uction is .,'comp1ete, and projected either next fall or January 1984 as the latest date for comple- tion. Mr. Fleming asked what the school IS position had been on previous rezoning re- quests, and Dr. Nye said that traffic density as it related to bus transportation had been the concern, but the school had neither strongly opposed nor favored those requests in the past. He further said that students would be transported because of the uncon- trolled intersection, and the school sees almost no more impact than it would have any- way. Public hearing was closed. Mr. Kelly asked staff if it would have problems with any type of commercial zoning, and Mr. Mayo said only A-P might be acceptable due to safety, but that even A-P is not in any comprehensive plan. Mr. Hill pointed out that just recently C-1 and C-N requests were turned down on University Drive due to the possibi1 ity of a traffic safety hazard, and this had not yet been mentioned tonight. Mr. Mayo said that C-l zoning not only creates pedestrian traffic, but vehicular traffic as well, which is also a major concern at this location. Commissioners asked about a projected date for the widening of F.M.2818 and Councilman Jones said he would estimate that it would, take place in 2 years time. Mr. Miller asked if there would be a turn lane after it is widened, and Mr. Jones said the City has requested it. Mr. Miller said he believes the concerns of the staff are val id, and further believes that the location of the park, churches in the area and residences should be considered. He further added that he has no problem with the request for rezoning the two tracts to R-5. He then (Mr. Miller) made a motion to ap- prove the rezoning requests of Tracts D & E from R-1 Single Family Residential to R-5 Apartments Medium Density. Mr. Fleming seconded; motion carried 6-1 with Mr. Kelly opposing. Mr. Bailey made a motion to recommend rezoning of Tract A from Single Family Residential District R-1 to General Commercial District C-1. Mr. Hall seconded. Mr. Kelly asked about C-2 zoning, and Mr. Mayo explained what could be developed in C-2 zoning. Mr. Hill asked about size restrictions and was told there is none, but that C-3 zoning has restrictions concerning size. Mr. Behling discussed the problems presented and gave his opinion, which is that he is generally for this request. Mr. Hill said he totally dis- agrees due to the proximity to the park, pointing out the possibility of excessive trash accumulating in the park, and further believes that the proximity to the only high school in College Station should be considered. Mr. Hall said that asthetica11y a C-l develop- ment can be done as well as an R-5 development, and further believes that the traffic problems explained will be solved in the near future. Vote was taken with motion carrying 4-3. Mr. Fleming, Mr. Hill & Mr. Miller voted in opposition.