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HomeMy WebLinkAboutMinutes '" ., AGENDA ITEM NO.3: Public hearing to consider a rezoning request of lot 1, block 2 of the Woodstock Section One Subdivision, the Post Oak Village shopping center, from C-3 Planned Commercial to C-l General Commercial. (95-103)y Senior Planner Kuenzel presented the staff report and recommended denial of the proposed rezoning request. The proposed rezoning would result in the following: (2) (3) Conflicting uses by opening the possibility of theaters, nightclubs and restaurant uses on property abutting multi-family residential uses to the south and near the multi-family to the west across Dartmouth. A more congested and busier parking lot. A site that no longer meets the number of parking spaces required. (1) Senior Planner Kuenzel stated that at the time the property was rezoned to C-3 to allow the retail center, there was considerable concern for traffic congestion and on-site traffic flow on such a narrow strip. The rezoning did pass, however, because Council had the assurance that traffic generation would be relatively low in comparison to a C-l district. These concerns still exist. Although the site is located on State Highway 30, the site design and location does not allow safe ingress and egress into the property. Allowing more intense uses which have high turnover rates and increased traffic generation, would only add to existing traffic safety and congestion problems on Highway 30 and Dartmouth. The' site as currently designed has three curb cuts, one on Dartmouth and two on Highway 30. Because of the shallow depth of the development, left turning movements in and out of the driveway on Dartmouth interfere with the left turn queue for Highway 30. The first driveway on Highway 30 is restricted right in I right out and was designed this way to optimize signal timing due to the short length of the left turn bays on Highway 30 between Dartmouth and Munson. The second driveway is located across from an existing apartment complex driveway and a currently vacant lot. The vacant lot is currently being developed as Circuit City, an electronic sales business. Increasing the amount of left in I left out traffic atthis location will create traffic safety problems similar to those already in existence at the unsignalized Post Oak Mall driveway. Senior Planner Kuenzel stated that there has been some change in condition since the time of rezoning in that before the' Wolf Pen Creek District was created, the plan for Highway 30 was to avoid turning it into a commercial corridor. The rezoning from Dartmouth to .Texas to make Wolf Pen Creek a commercial area changed this resistance, but at the same time imposed .aesthetic restrictions to the sites as they were designed. Forty surrounding property owners were notified of the public hearing with no response. Commissioner Hall questioned staff if the rezoning could be conditioned upon closing some of the existing driveways into the site. Transportation. Planner Hard stated that there is not much that could be done to improve the situation due to the shallow depth of the property. The existing driveways are located about as far as they can be from the traffic signal. Chairman Hawthorne opened the public hearing. P & Z Minutes February 16, 1995 Page 5 of8 , Representative of the owner Larry Wells with the Municipal Development Group approached the Commission and outlined the following observations of the subject property: An on site inspection conducted on Thursday, February 16, 1995 found: -- At 12: 15 p.m. there were 131 parking spaces vacant. -- At 4:00 p.m. there were 134 parking spaces vacant. __ There were two vacant lease areas in the center - one was 815 square feet (2.22% of the total available lease space). The other vacant lease space was 5159 square feet (14% of the total available lease space). The center is 83.7% occupied. When this property was zoned C-3 and concern was expressed about traffic, Harvey Road was a three lane uncurbed street. Harvey Road is now a four lane street with a separate center left turn lane (a barrier median at this location), and a separate right turn deceleration lane for this shopping center. The main entrance to this center is signalized and is right in and right out only. Parking will not.be a problem off-site as both Harvey Road and Dartmouth are no parkingltow-a-way zones. This property is attached to C-l zoned property to the east and C-l property is across Harvey Road. The R-6 apartments to the south are buffered from this center by privacy fencing, a parking lot and a landscape strip. The formerly R-6 property across Dartmouth is now zoned Wolf Pen Creek WPC. The developer would like the flexibility to add a restaurant to this site. If parking were to. be a problem, a ZBA variance could be sought. The developer will not put something in this center that will be self-defeating. He needs to maximize his land use and keep all the tenants happy at the same time. The center has four existing curb cuts. Two are on Dartmouth and two are on Harvey Road. There are always solutions to traffic safety concerns. Mr. Wells explained that his client originally requested to apply for a conditional use permit; however, in this particular zoning district the ordinance does not allow a use permit for a restaurant. Rezoning the property is the only mechanism to allow sit down restaurants. (1) (2) (3) (4) (5) (6) Commissioner Hall explained that he is concerned with filling up vacant strip shopping centers; however, he does not want to create another problem by not having enough parking available for such intense restaurants as Black-eyed Pea, Chili's, etc. Chairman Hawthorne closed the public hearing. Commissioner Garner moved to recommend approval of a rezoning request of lot 1, block 2 of the Woodstock Section One Subdivision, the Post Oak Village shopping center, from C-3 Planned Commercial to C-l General Commercial. Commissioner Lane seconded the motion. Commissioner Garner explained that development should be encouraged in this type of strip shopping center and she is not convinced that the restrictions of a C-3 district should apply to this center. The owner has demonstrated an ability to do a good job with shopping centers and knows more about the parking demanded for such centers. The owner should be given more flexibility in developing the existing center. Commissioner Garner stated that traffic is the main issue in this case; however, traffic will continue to be a problem in this area regardless of the zoning district. P & Z Minutes February 16, 1995 Page 60f8 Chairman Hawthorne agreed that the owner would be conscience of traffic and parking concerns in developing the center; however, if the property is sold in the future and more intense uses are allowed, the existing traffic and parking problems could be compounded. Chairman Hawthorne expressed concern that granting the proposed rezoning request would only increase the existing traffic conflicts in the area. The motion to recommend approval of the proposed rezoning request passed (4 - 1); Chairman Hawthorne voted in opposition to the motion. AGENDA ITEM NO.4: Public hearing to consider a request for a Conditional Use Permit for a freestanding sign to be located at 2200 Southwood Drive for the Friends Congregational Church. (95-700) Senior Planner Kuenzel presented the staff report and informed the Commission that the proposed sign will be 18.5' tall and located on the 2818 frontage near the property line. Due to the large amount of right-of-way in the area, the sign will be placed slightly over 170' from the actual traveled portion of 2818. The church could have a sign that meets R-6 restrictions without additional Commission review. However, these restrictions would not allow placement of the sign within the first 10' of the property frontage. Therefore, the church is requesting to use C-l requirements, which would allow a sign closer to 2818. The sign does comply with C-l sign restrictions and is. in fact well. below the maximum area and height that would ordinarily be allowed on commercially zoned property. Chairman Hawthorne opened the public hearing. Pastor Charles. Stark approached the Commission and offered to answer any questions pertaining to the proposed use permit. Chairman Hawthorne closed the public hearing. Commissioner Hall moved to grant a conditional use permit to the Friends Congregational Church located. at 2200 Southwood Drive for the addition of a freestanding sign. Commissioner Garner seconded the motion which passed unopposed (5 - 0). AGENDA ITEM NO.5: Consideration of a preliminary plat for the Edelweiss Estates Phase Five Subdivision totaling 27.455 acres divided into two lots. (95-303) Senior Planner Kuenzel presented the staff report and recommended approval of the preliminary plat. The subject property.is bound by Victoria Avenue on the east, the Graham Road industrial area on the south and Wellborn Road on the west. It consists of27.455 acres and is the proposed location of the Cottages at Rock Prairie as well as Edelweiss Park and detention facility. The Cottages is the federally assisted multi-family elderly housing project that was recently approved for funding. The City Councilrezon~ part of this property to R-5 recently. The plat includes the dedication and construction of Mortier Drive which is one of the collectors shown on the Edelweiss Master. Plan. This collector will connect to Wellborn Road and will bound the Cottages on the north. This property is also in the City's impact fee area and fees will be assessed accordingly. Commissioner Lightfoot moved to recommend approval of the preliminary plat for the Edelweiss Estates Phase Five Subdivision with staff recommendations. Commissioner Garner seconded the motion which passed unopposed (5 - 0). P & Z Minutes . February 16, 1995 Page 70f8 .. AGENDA ITEM NO.3: Public hearing to consider a final replat of lot 4H, block 15 of the Southwood Plaza Phase n Subdivision. (95-226) Assistant City Engineer Morgan presented the staff report and recommended approval of the final replat with the addition of a general note pertaining to parking and signage as outlined in the Presubmission Conference Report. Chairman Hawthorne opened the public hearing. Seeing no one present to speak in favor of or in opposition to the proposed replat, he closed the public hearing. Commissioner Gribou moved to recommend approval of the final replat of the. Southwood Plaza Phase II Subdivision with staff recommendations. Commissioner Smith seconded the motion which passed unopposed (4 - 0). AGENDA ITEM NO.4: Consideration to waive the 180 day waiting period to reconsider the rezoning request for the Post Oak Village Shopping Center located at 900 Harvey Road East. Senior Planner Kuenzel informed the Commission that the subject property has a conditional zoning of C-l General Commercial with cross access to the adjacent Post Oak Village shopping center. The owner has requested that the cross access condition of the zoning be removedJrom the C-l zoning. The owner has also provided a traffic study of the Harvey Road area and has several recommendations to correct the existing traffic problems. Commissioner Garner moved to waive the 180 day waiting period to reconsider the rezoning request for. the Post Oak Village Shopping Center located at 900 Harvey Road East. Commissioner Gribou seconded the motion which passed unopposed (4 - 0). AGENDA ITEM NO.5: Public hearing to reconsider the cross access condition placed on the C-(zonin~ of the Post Oak Village Shopping Center located at 900 Harvey Road East. (95-103) V Transportation Planner Hard informed the Commission that they approved the rezoning of the Post Oak Village center from C-3 to C-l in February of 1995. Staff recommended denial of the rezoning .due .to concerns of traffic problems along State Highway 30 that could result from highertraflic generating C-l uses. Staff conducted traffic counts at numerous local restaurants and. found that the amount of traffic to .Post Oak Village could double if restaurants (the highest traffic generating C-l use) were allowed in the center. The City Council approved the rezoning in March of ~995 with the condition that a. Cross access driveway be provided between Post Oak VillageanclPost Oak Square. Staff provided a detailed presentation to Council on the increased traffic to. t~ecenter and the resulting operational concerns on Highway 30 if the rezoning was g~anted. . .1jhe owner Mr. Bernstein is aware of the traffic difficulties on Highway 30 in front of b9tl1 centens and is not opposed to making improvements for traffic safety. However, in light of theconsid~rable expense of constructing the cross access, he hired a local traffic engineering consultant tQ take a more comprehensive look at the traffic problems associated with Post Oak . I, VillageandPost Oak Square. P & Z Minutes August 3, 1995 Page 5 of6 Transportation Planner'Hard stated that the study points out that traffic accidents are a "relatively frequent occurrence" on Highway 30 in front of the three shopping centers (including Post Oak Mall) and indicates that the majority of these accidents involve motorists attempting to make left turns on to and off of Highway 30. It discusses a number of improvement options and concludes that there is no "one best" solution to remedy the accident problem. The study recommends installing raised medians in Highway 30 to restrict. and control.left turn movements, installing a traffic signal at the main.entrance to Post Oak Square, installing a cross access between Post Oak Mall and Post Oak Square and installing a pedestrian bridge over the drainage way between Post Oak Square and Post Oak Village. Staff agrees with the recommendations to install medians in Highway 30 and to provide..cross access between.Post Oak Mall and Post Oak Square. Staff is also in agreement that a traffic signal is needed; but not necessarily at the main entrance to Post Oak Square. It may he that the west Post Oak Mall entry/exit location would be a more suitable location. This determination. will require further study by staff. A study of the traffic accidents on Highway 30 between Dartmouth and the East Bypass conductedhy staff indicates that there is an accident problem in front of the Post Oak Mall's west driveway aridtoa lesser extent a problem in front of Post Oak Square's main driveway. This finding supports.. thene~d .. for cross access between Post Oak Mall. and Post. Oak Square for an additional traffic signal on Highway 30 that could be utilized by patrons of either shopping center via the cross access. ~.Bernstein's study offers two preferred alternatives for providing vehicular cross . a~cess .. between Post. Oak Village and Post Oak Square J:)ut questions their. cost. effectiveness: It . says that cf(;)ss. access should be "strongly considered" but points out. that the centers were: not designed initially for this connection. His study essentially concludes that the small amount of improveMent in traffic safety and convenience gained. by vehicular cross access would not be worth itshigpcost. This may be the reason the st~dy. ~rrived at the recommendation. for a. pedestrian bridg9. across. the drainage way that could ultimat9ly allow the two centers to share parkin9,. Staff is of the impression that Mr. Bernstein isirterested in making improvements to improve traffic safety, but feels that money would be better spent.somewhere other than the. vehicular cross access between Post Oak Square and Post Oak Village. .staffs accident study is somewhat consistent with Mr. Bernstein's findings. It shows thatthere is not an accident problem on Highway 30 at th9 most easterly driveway to Post Oak Village and therefore no serious need for crossacce~s between Post.. Oak Village and Post Oak Square at this time. However, the rezoning toC-l cquldresult in higher traffic volume~ to the site and create an accident problem at some point in the future. In order to. mitigate current and potential future traffic problems,. staff recommended that the. City enter into a. development agreement with Mr. Bernstein for the.following: (1) The Ci~y condemn and construct a. cross access driveway between Post OakMall and Post Oak Square. (2) Ifit is determined that a traffic signal should be located on Highway 30 at the main entrance to Post Oak Square,. Mr. Bernstein shall participate in the cost of this signal in an amount equal to the cost of the design and construction of a vehicular cross access driveway between Post Oak Square and Post Oak Village. (3) If it is determined that a traffic signal should be located on Highway 30 at the west entry/exit to Post Oak Mall, then the City will install the signal and pursue financial participation from Post Oak Mall on its construction. P & Z Minutes August 3, 1995 Page 30f6 " (4) Mr. Bernstein forgo the construction of a cross access between Post Oak Village and Post Oak Square at this time and construct it at a point in the future when the accident frequency is one or more every two months for three consecutive two month periods or at a frequency of six or more per year. If accident conditions are met and Mr. Bernstein is required to construct the cross access, then the City will reimburse Mr. Bernstein for the amount of money he may have previously contributed toward the installation of a traffic signal at the main entrance to Post Oak Square. The accident frequency calculation will include all accidents on Highway 30 involving vehicles attempting to enter or exit the most easterly driveway of Post Oak Village on Highway 30. The accident frequency determination will be based on the records and accounts of the College Station Police Department. If conditions are met for the installation of the cross access, the City and Mr. Bernstein will work together to determine a mutually agreeable location, design and cost of the access drive. Such location and design may also include dosing the mo~t westerly driveway in the Post Oak Square center and improvements needed for circulation in the parking areas of both the Post Oak Square and Post Oak Village to make the crosS access work. The access will meet all applicable.City of College Station standards and specifications for construction. (5) The City will work with the. Texas Department of Transportation and. pursue the installation of raised traffic medians in Highway 30 from Munson Drive to the East Bypass. Commission Gribou questioned staff as to what exactly the Commission is considering. City Planner Kee stated that the Commission should make a recommendation on the applicant's request for C-l zoning without the cross access condition. Chairman Hawthorne opened the public hearing. Andrew Bernstein, applicant and owner of Post Oak Village and Post Oak Square shopping centers, requested that the Commission make the same recommendation as they did previously on the rezoning request. He stated that the conditional zoning will cloud the title to the subject property and the cross access will not solve the traffic problems of Highway 30. A more comprehensive approach must be taken to establish some long term solutions. Mr. Bernstein stated that >he is willing to enter into a development agreement based on the staff recommendations with the exception of a future vehicular access between Post Oak Square and Post Oak Village shopping centers. Chairman Hawthorne closed the public hearing, The Commission reached a consensus to vote on the rezoning request itself and then comment on the proposed. development agreement. P & Z Minutes August 3, 1995 Page 40f6 ~, Commissioner Gribou moved to recommend approval of the rezoning request from C-3 Planned Commercial to C-I General Commercial without the condition of cross access between Post Oak Square and Post Oak Village shopping centers. Commissioner Gamer seconded the motion. The Commission requested that the following discussion be forwarded to the City Council for their consideration as part of the proposed development agreement. Chairman Hawthorne stated that he agrees with all of the recommendations for the proposed development agreement with the exception of #4 pertaining to the possible future construction of the cross access between Post Oak Square and Post Oak Village, This condition would tie the solution of a traffic problem to Mr. Bernstein's business when it may not be the cause of the traffic problem.. Chairman Hawthorne stated that if medians are installed along Highway 30, there should not be a problem with traffic turning left on Highway 30 from Post Oak Square to Post Oak Village unless they are driving against the flow of traffic. .He stated that there is obviously a left turning problem along Highway 30 and the cross access will not adequately address this problem. Commissioner Gribou agreed and stated that if a median is installed that prohibits left turns into the most easterly drive entrance to Post Oak Village, the tenants and the owner may decide<at that time to install the cross access. The need for the cross access may be more of an advantage in the future with the median placement. Commissioner Gribou stated that the cross access should be left .up to the owners and the tenants of the two shopping centers to determine if it will help encourage patrons traveling west on Highway 30. The remaining recommendations outlined by staffwill address the safety issues involved. Chairman Hawthorne stated that he is more inclined to leave the issue of cross access up to the property owner. The most important traffic solution is the installation of raised medians along Highway 30 that will also help control access, The cross access is something that can be gauged in the future by the property owner to determine if it will be beneficial from a business standpoint. The motion to recommend approval of the rezoning request without the condition of cross access between Post Oak Village and Post Oak Square passed unopposed (4 - 0). AGENDA ITEM NO.6: Consideration of a commercial amusement business to be located in the Village Shopping Center at 700 University Drive East in the C-B Business Commercial zoning district. (95-806) Staff Planner Dunn informed the Commission that the proposed Q-Zar of Bryan/College Station is essentially a large scale arcade with designated areas for interactive games as well as a small area for serving food. Staff classified this business as a commercial amusement, which is defined in the Zoning Ordinance as a business which "provides the general public with an amusing/entertaining activity where tickets are sold or fees are collected at the gate". Arcades are included in this definition. Q-Zar proposes to locate within the Village Shopping Center, which is zoned C-B Business Commercial. A commercial amusement is not listed as a permitted use nor as a conditional use in this district. It is listed as a permitted use only in C-I General Commercial dist~icts and C-2 Commercial Industrial districts. Therefore, the applicant requests consideration from the Commission as a permitted use in the C-B district. P & Z Minutes August 3, 1995 Page 50f6 Juncil 'Regular Meeting jay, August 24, 1995 Page 6 Council members Mariott, Kennady . NST: Mayor Ringer, Mayor protem Mcllhaney, Councilmembers Fox, on cilman Hickson moved to approve the resolution to direct staff to pursue :;quisition of purchase of right of way for the cross access. The motion was lded by Councilman Fox which carried by 4-2. :M~~L~inger, Mayor Protem Mcllhaney, Council members Fox, Hickson INST: Councilmembers Mariott, Kennady nda Item No. R-8 __ Reconsideration of the rezonin condition re ,5 access between Post Oak Villa e and Post Oak S uare Sho terse ~ or Ringer opened the public hearing. Bernsten addressed the council. . lor Ringer closed the public hearing. Jncilman Mariott moved to grant the removal of the rezoning condition to ;ome effective upon an approved agreement with Mr. Bernstein for ticipation in the cross access. Councilman Hickson seconded the motion. e motion carried unanimously, 6-0 enda Item No. R-9 __ Public hearin and consideration ota final re lat of lt4H Block 15 of Southwood Plaza Phase II subdivision. ;sistant City Engineer Veronica Morgan explained this item. ayor Ringer opened the public hearing. No one spoke. Mayor Ringer closed Ie public hearing, :ouncilman Mariott moved approval of the final replat of Lot 4H, Block 15 of :outhwood Plaza Phase 11 subdivision. The motion was seconded by ,Ouncilman Fox which carried unanimously, 6-0. ~~.'_r__~_"_ 'e' -,-;,~fti'f..;m;:,;.:~~H~dli.<,:,;,t"';J.~;;~i!;,~: .. r! !\ Ii il