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HomeMy WebLinkAboutMinutes Regular 4/11/96 Page 4 (4-C) Consider rezoning 60 acres located on the northeast corner of Schaffer and Graham Road intersection from A-O Agriculture Open to R-2 Duplex (32.72 acres) and R-1 Single Family Residential (17.28 acres). Applicant, Horace Schaffer (96-109). City Planner Jane Kee explained the item. The applicant wishes to prepare the property for duplex development on 33 acres south of a creek that bisects the property and single family on17 acres north of the creek. The current zoning would allow up to 10 dwelling units on five acre lots. This item was tabled by Council to give the applicant and area homeowners time to see if an agreement could be reached regarding the connection shown on the thoroughfare plan between this area and the existing Edelweiss Esates Subdivision. With the conversion of Arnold Road into a bicycle/pedestrian route, Aster was chosen to intersect Schaffer and extend. However, the homeowners in the area were very much opposed to such a street connection. After numerous discussion among the staff, developer, and area homeowners, the staff has recommend that an emergency only access connection between this proposed subdivision and Edelweiss in the HasselUAster area. This will discourage cut-through traffic and will provide for emergency access. There is general agreement on the part of the homeowners that such a connection is an acceptable solution. Staff recommended approval with the following conditions: 1. north-south collector be included. at the time the property is platted 2. east-west collector be included at the time the property is platted 3. loop connection between Aster and Hasselt 4. landscape buffer along the east side of loop when the two collectors are connected and choose to relocate the collector system 5. emergency access connection to Schaffer from proposed subdivision 6. rear portion of the industrial site, to the west across Schaffer, retain access to Schaffer Mayor Pro tem Mcllhaney removed the item from the table for consideration. The motion was seconded by Councilwoman Crouch which carried unanimously, 5-0. Mayor Ringer designated this portion of the meeting for public input. Earl Havel, representing the developer, came forward to discuss the emergency access site location, and its configuration. Regular 4/11/96 Page 5 Gene Jarski, 720 Hasselt, commended the city staff and project engineer for allowing the homeowners to be a part of this process. He pointed out his prior concern related to traffic, and at this time, he understood the need for an emergency access. In the interest of everyone, this is probably the best solution. Elizabeth Tabor, 1428 Hawktree, and a future homeowner on Aster street, expressed her strong opposition to the development of duplexes. Nancy Lawson, 702 Hasselt, spoke in opposition to the development of duplexes. The citizen's concerns were not resolved. Andy Bland, 703 Hasselt, opposed the proposed rezoning for duplex. Steven Chambers, 708 Hasselt, commended the developer in his efforts to resolve the concerns of the neighborhood. He requested an extension of Birmingham from the Utility Service Center to Arnold to allow a loop into the subdivision. City Manager Noe replied to his request acknowledging two issues: 1) cost of construction, and 2) an emergency vehicle from Fire Station No.2 is deterred in its response time. Greg Taggart, 1008 Madera, spoke in favor of the rezoning. His comments related to the housing need for duplex housing and the developer's intention to build a landscape buffer. Mr. Bland responded to Mr. Taggart's comments. He noted the availability of apartment and duplex housing in the Wolf Pen Creek corridor. The city should have a concentrated area of this type of development. Mayor Ringer closed the public hearing. Councilman Mariott moved approval of the rezoning request. No second was made. Mayor Pro tem Mcllhaney moved to approve Ordinance No. 2176 from A-O Agriculture Open (17.28 acres) to R-1 Single Family Residential with the condition outlined by staff. Councilwoman Crouch seconded the motion which carried unanimously, 5-0. , , ~. ,. , ..,. Regular 4/11/96 Page 6 Councilman Mariott pointed out his support of the R-2 zoning. He noted that single family development is not viable for this particular tract of land because of its proximity to the industrial area. Councilwoman Crouch made a motion to deny the rezoning request for R-2. Councilman Fox seconded the motion which carried by a vote of 3-2. FOR: Fox, Mcllhaney, Crouch AGAINST: Ringer, Mariott (4-D) Consider ordinance creating a permitting system for private improvements within the city rights-of-way. Jim Callaway summarized the item. This ordinance was discussed by council at the March 27th workshop meeting. This ordinance shall provide for a simpler permit process. Councilman Fox expressed concern about the cost limitations and regulations placed on volunteer homeowner associations. Mayor Ringer commented that the intent of the ordinance is to ensure attractive entrances. City Manager Noe pointed out that it is the city's desire to help the neighborhoods and provide assistance to make the process work. If staff incurs problems with the neighborhoods, staff will come back to council with an ordinance amendment. Following further comments, Councilwoman Crouch moved approval of Ordinance No. 2177. The motion was seconded by Mayor Pro tem Mcllhaney which carried unanimously, 5-0. (4-E) Discuss and approve allocating a portion of CDBG public services funding to two city department programs. Kids Klub, $24,300 and Human Resources Dept., $19,144. Jim Callaway noted that 15% of CDBG funds are set aside during the budget process for allocation toward public service agencies. Staff recommended approval of the requests. Jana Wood, Kids Klub Coordinator, addressed the Council on the request for $24,300 of these funds for a scholarship program to an anticipated enrollment of 50 children. These funds would cover the difference of the regular tuition of f MINUTES Planning & Zoning Commission CITY OF COLLEGE STATION, TEXAS January 4, 1996 7:00 P.M. COMMISSIONERS PRESENT: Chairman Hawthorne and Commissioners Lightfoot, Gribou, Smith, Hall, Garner and Lane. COMMISSIONERS ABSENT: None. STAFRPRESENT: Assistant City Engineer Morgan, Senior Planner Kuenzel, Graduate Civil Engineer Homeyer, Planning Technician Thomas, Transportation Planner Hard and Development Coordinator Yolk (Council Liaison Bill Fox was in the audience.) AGENDA ITEM NO.1: Approval of minutes from the meeting of December 7,1995. Commissioner Gribou moved to approve the minutes from the meeting of December 7, 1995 as written. Commissioner Lightfoot seconded the motion which passed unopposed (7 - 0). AGENDA ITEM NO.2: Public hearing to consider a rezoning request for approximately 50 acres located on the northeast corner of the Schaffer and Graham Road intersection from A-O Agricultural Open to R-IA Single Family Residential and R-2 Duplexes. (95-109)V Senior Planner Kuenzel presented the staff report and stated that the applicant wishes to prepare the property for a duplex development on the thirty-three acres south of a creek that bisects the property and single family development on the seventeen acres north of the creek. The current zoning would allow up to ten dwelling units on five acre slots. The requested zoning would increase the number of allowable units to 296 duplex units and 127 single family units (the creek will decrease the units somewhat depending on the layout of the subdivision). The requested development will impact surrounding street systems and effect maintenance costs to the City. The rezoning should therefore be conditioned on mitigation of any negative impacts and on compliance with the City's Comprehensive Plan. The subject property is located just to the east of the Edelweiss Estates Subdivision and south and west of large agricultural tracts. The duplex portion of the request is located to the east of an industrial site and the single family portion is to the east of Edelweiss Phases 1, 2 and 3. The subject property is bounded on the south by Graham Road, on the west by Schaffer Road, and on the north by Arnold Road. All three roadways are in a substandard state because they were constructed long ago and maintained by the County until the area was annexed in 1993. The Thoroughfare Plan reflects three needed arterials through the area in the general locations of the existing rights-of-way. Schaffer Road runs along the western edge of the property. It is gravel and separates the proposed development from the Edelweiss Estates Subdivision that is under development to the west. This road would have been addressed at the time Edelweiss Estates was approved if it had been located in the city limits. However, Schaffer was annexed one year after the approval of Edelweiss Estates. Senior Planner Kuenzel stated that Schaffer currently dead ends at a right angle into Arnold Road, which is also- gravel and connects to the future bikeway/pedestriarr trail to the west in Edelweiss. Arnold continues as a gravel drive to the east of the subject property and serves as the sole access road for several rural homes that have also been annexed into the City recently. Graham Road is paved but inadequate in width and is in a deteriorating state. It has been seal-coated recently and is scheduled for a major upgrade as a Capital Improvement Project (CIP) in 1999. There is aT-intersection where Aster meets Schaffer. At the time the master plan was approved for Edelweiss, staff recommended that there be at least one east-west connection which would not necessarily encourage cut-through traffic, but would, at least, provide for some movement. For this reason, Aster was continued through to Schaffer rather than ending in a cul-de-sac. In order for a rezoning to be approved, an applicant must show compliance with the City's ordinances but also with the Comprehensive Plan. That Plan consists of the Land Use Plan, the Thoroughfare Plan, and Development Policies. The request complies with the Land Use Plan, which shows low density residential for the subject tract with low density residential in the Edelweiss Estates area and industrial to the west on the southwest corner of Schaffer and Graham. The request does not yet meet the Thoroughfare Plan because of the condition of Graham Road, Schaffer, and Arnold. Staff has no concern for Graham Road because the future improvements will upgrade the road to adequate levels of service. However, the Thoroughfare Plan shows a north-south collector and a connecting east-west collector that needs to be a part of the development plan in one of two ways: (1) Upgrade of the existing rights-of-way to collector standards. This option may include additional right-of-way dedication and will include provision of permanent paving with all associated road improvements. Due to the fact that the portion of Schaffer adjoining Edelweiss was not upgraded as part of that development, staff recommended that the City participate in the cost of the upgrade of that portion of Schaffer. (2) Relocation of the two collectors to the interior of the proposed development. This option may prove more beneficial to the applicant because both sides of the streets could be used for access to lots in the development. The existing roadways should be either abandoned or changed to avoid additional road maintenance costs to the City (the City will take over maintenance of the two new collectors in exchange for maintenance of the gravel roads). Similar to the Edelweiss agreement, the developer needs to account for the treatment of the two roads if the rights-of-way are to be relocated. Senior Planner Kuenzel stated that the Thoroughfare Plan also shows a local street connection between Edelweiss Estates and the area to the east in accordance with the approved master plan for that subdivision. With the conversion of Arnold Road into a bicycle/pedestrian route, it was established, at the time Edelweiss was approved, that some form of east-west movement would be needed. Aster was chosen as that connection. The fact that Aster is a cul-de-sac at the west end coupled with its smaller size will help to satisfy this need without encouraging outside traffic. The road could also be off set to further discourage cut through traffic. Such a connection also provides for a secondary access point into the proposed subdivision, as required by the City's Subdivision Regulations. Staff recommended approval of the rezoning request with the following conditions: (1) There be a north-south collector provided. (2) There be an east-west collector provided. (3) These two collectors be connected. (4) The applicant enter into a development agreement to ensure that the collectors are built within a reasonable time and to delineate treatment of the two existing rights-of-way (Arnold and Schaffer) should these two collectors be relocated. The rezoning should not take effect until this development agreement is executed. (5) There be a connection to Schaffer from the proposed subdivision. (6) The rear portion of the industrial site owned by Texas A&M, retain access to Schaffer. P & Z Minutes January 4, 1996 Page 2 of6 Senior Planner Kuenzel stated that approximately... twenty-three surrounding property owners were notified of the public hearing with several inquiries. There was a lot of concern expressed for the increased traffic generated by the proposed development and the possible thru traffic between the two subdivisions. Chairman Hawthorne opened the public hearing. The following persons spoke in favor of the rezoning request: Earl Havel Joe Courtney Garrett Engineering, Representative of the Applicant Applicant & Potential Developer of the Property The following comments were made in favor of the rezoning request: (1) The proposed R-1A and R-2 zonings will function as a buffer between the existing Edelweiss Subdivision and future development along Graham Road. There will be a step down approach from the existing R-1 Edelweiss Subdivision, to R-1A and to R-2 zoning to help blend in with the existing industrial zoning and development. (2) The R-1A lots will be approximately 50' x 100' lots and the R-2 lots will be approximately 65' x 120'. This will allow for more affordable housing in the area, not low income housing. (3) There are several alternatives in dealing with Schaffer Road. In the conceptual plan submitted to the Commission, Schaffer Road has been relocated to be incorporated with the proposed development. The existing Schaffer Road right-of-way could either be dedicated back to the property owners or the City could construct a pedestrian/bike path to connect with the existing pathway in the Arnold right-of-way to eventually tie into the school and park. (4) The developer prefers not to see the connection of streets between the two subdivisions; however, it is premature to make this decision at the rezoning level. The City has requested that there be at least one. connection between the two subdivisions through Schaffer Road. (5) The proposed patio homes will be a minimum of 1300 heated square feet which will allow a nice two bedroom, two bath home. The sales prices will begin at $90,000. The following persons spoke in opposition to the rezoning request: Shay Scruggs Dr. Larry Rilett Andy Bland Scott Atkinson Robert Lawson Stephen Chambers Mike Noack Steve Arden Hongjie Xiong George Gray Nancy Lawson Beverly Rilett Monica Ward Bill MacColl Robert Lemon Liu Mingsheng 602 Aster Drive 718 Aster Drive 703 Hasselt 701 Aster 702 Hasselt 708 Hasselt 715 Hasselt 2601 Rustling Oaks in Bryan 610 Hasselt 721 Hasselt 702 Hasselt 718 Aster 718 Hasselt 719 Hasselt 721 Aster 719 Aster P & Z Minutes January 4,,1996 Page 3 016 Approximately twenty-seven letters in opposition to the request were presented to the Commission. The following comments were made in opposition to the rezoning request: (1) The proposed development will cause a decrease in property values for the entire area including the existing Edelweiss Subdivision. The surrounding residents would not have built and purchased homes in this area if they knew that duplex and smaller homes would be built in such close proximity. (The average lot size of Edelweiss Subdivision is 75' x 130' with an average market value of$120,000 - $130,000.) The subject property should be zoned R-l and the same type of development as Edelweiss should be built on the subject property. (2) (3) The proposed traffic patterns will create problems for the existing residents. It does not make sense for a narrow residential roadway to access a new subdivision of 250 households. (There is an existing problem of people speeding along Hasselt and Schaffer Road now that will only increase if the traffic concerns are not addressed.) There is an existing traffic congestion problem through the school zones along Rock Prairie Road. If there is a connection between Edelweiss and the proposed subdivision, this congestion will only increase due to the cut-through traffic that will use Victoria and Rock Prairie Roads. (4) (5) The City needs a north-south collector between Victoria Avenue and State Highway 6 to help with the traffic flow in this general area. It was suggested that Rio Grande be extended through the existing park to connect to Graham Road to provide this north- south movement. (6) The public hearing notice is dated December 21, 1995 during a time when a large number of residents are out of town for the holidays. Approximately 25% of the people in the neighborhood do not know what is being proposed. The developer of the Edelweiss Subdivision, Steve Arden, offered to help in any way he can to develop a way to place a cul-de-sac at the end of Aster and Hasselt at Schaffer Road to help buffer the Edelweiss Subdivision from the proposed development. The neighborhood should have more time to work with the developer and examine the traffic issues to see if some agreement can be reached concerning both zoning and traffic. (7) (8) Chairman Hawthorne closed the public hearing. Commissioner Gribou moved to table the rezoning request. Commissioner Lane seconded the motion which passed (6 - 0 - 1); Chairman Hawthorne abstained from voting. AGENDA ITEM NO.3: Public hearing to consider a Zoning Ordinance amendment adding subsections 7.1A and 7.1B and revising Table A in Section 7 to include A-OR Rural Residential and A-OX Existing Rural Residential zoning districts. (96-800) Senior Planner Kuenzel explained that during the annexation process in 1995, the City Council directed staff to work with the newly annexed residents to see if there were ways the City could modifY ordinances to better accommodate their needs. Council has already considered changes to the firearms ordinance to clarify what residents on large acreage tracts may and may not do. Council will consider, in January, changes to other sections of the City Code that will exempt agricultural areas from licensing requirements for livestock and from enforcement of the weed ordinance and the "parking in the yard" ordinance. P & Z Minutes January 4, 1996 Page 40f6 Council Regular Thursday, February 22, 1996 Page 5 Following deliberation of the amendment, the motion defeated 2-4, Councilman Hickson and Kennady voted in favor of the amended motion. The vote was taken on the original motion and carried 5-1, Councilman Kennady voted against. (R-3) Public hearina and consideration of rezonina 50 acres located on the northeast corner of Schaffer and Graham Road intersection in the Robert Stevenson Leaaue from A-O Aaricultural Open to R-2 Duplex (32.72 acres and R- 1A sinale familv residential (17.28 acres) (96-109). Staff Planner Sabine Kuenzel presented an historical overview of this item. This request is being proposed for duplex development on 33 acres bisects the property and single family on 17 acres north of creek. The request is in compliance with the Land Use Plan and Development Policies, but does not comply with the thoroughfare plan because of the condition of Graham Road, Schaffer, and Arnold. Staff has no concern for Graham Road because the future improvements will upgrade the road to adequate levels of service. However, the Thoroughfare Plan shows a north-south collector and a connecting east-west collector that would need to be included in a development plan. Two options are available: 1. Upgrade the existing ROW's to collector standards. 2. Relocation of two collectors to the interior of the proposed development. Kuenzel noted that residences along Aster and Hasselt are strongly opposed to any increase of traffic in the neighborhood. Traffic projections showed traffic volume three times the current traffic flow. Kuenzel further explained to the Council that the applicant must show compliance with the land use plan as well as the thoroughfare plan in order to receive rezoning. At this point, the city would like to avoid any future requests, if property is rezoned, that a plat not include a collector system. Mayor Ringer opened the public hearing and urged the audience members to address issues on the rezoning, because the traffic concerns have already be related to council by citizens and staff. Mayor Ringer clarified staff recommendations to table the request and continue to work with the developer and the public toward a mutual understanding on the areas of concerns and return to the council Don Garrett of Garrett Engineering, representing the applicant addressed the Council and stated that he intends to work with the public and staff to resolve the concerns regarding the collector streets. Council Regular Thursday, February 22, 1996 Page 6 Joe Courtney, 1308 Esther in Bryan, spoke in favor of the rezoning. He urged council to consider the rezoning tonight subject to a resolution of the problem. Andy Bland, 703 Hasselt, spoke against the rezoning because of the decrease in property values due to development of nearby duplexes. Larry Rilett, 718 Aster, addressed the Council in opposition of the connector streets to the subject property. Scott Atkinson, 701 Aster, presented slides of the neighborhood. He urged council to deny the rezoning. Gene Jarske, 720 Hasselt, spoke against the rezoning due to the primary concern for increased traffic and councilmembers for the time to continue working with staff. Beth Tabor, 1428 Hawktree, future resident on Aster, addressed the Council on her concerns in opposition to an R-2 zone. Stephen Chambers, 708 Hasselt, reiterated the concerns on traffic flow. Ed Beck, 706 Hasselt, requested the neighborhood be given the opportunity to work with staff on these concerns. Robert Lemon, 721 Aster, recognized the audience members interested in delaying this rezoning. Mayor Ringer closed the public hearing. Councilman Hickson made a motion to table the rezoning request. Councilwoman Crouch seconded the motion, 6-0. (R-4) Public hearina to consider a final plat on a portion of Block 23. Colleoe Park Subdivision (96-201 ). Civil Engineer Steve Homeyer explained the request. Property located at the southwest corner of Park Place and South Dexter. Approval of final plat will rectify an illegal subdivision that took place since the adoption of Subdivision Regulations in 1970. Applicant Jim Morgan, 700 South Dexter was available for questions. Mayor Ringer closed the public hearing. ~~~- STAFF MEETING Schaffer & Graham Road Rezoning Staff attending: Jane Kee, Shirley Yolk, Natalie Thomas, Ed Hard & Sabine Kuenzel. (Kent Laza attended the meeting for the first few minutes.) Staff met on Thursday, September 28, 1995 to discuss the possible rezoning request and development proposal for the property located on the northeast corner of the Graham and Schaffer Road intersection by Joe Courtney. In determining staffs recommendation for future platting and rezoning requests, the following issues were identified: MONETARY ISSUES: The City's abandonment of Schaffer Road to allow the developer to re-align this roadway in order to incorporate it into the overall development. City's participation in the construction or improvement of Schaffer Road. Dedication of the right-of-way for Arnold Road. Construction of Arnold Road. City's reconstruction of Graham Road through a C.I.P. bond program. OVERALL CONCERNS: The first questions that must be answered in order to make any recommendations or meet further with the developer are where did the right-of-way for Arnold and Schaffer Road come from? Before the City can begin to negotiate the re-alignment of Schaffer Road, we must determine if it was originally dedicated from this tract or from the adjacent property. We must also determine if Arnold Road is a dedicated public right-of-way, does the County have any information on this road and did they maintain it when it was outside the city limits? Shirley will contact Joe Courtney to let him know that we need the right-of-way information on Arnold and Schaffer Roads before we continue any further. (Done 9/29/95; Joe Courtney's checking on this.) Arnold Road must be dedicated and built with this development because it is on the Thoroughfare Plan. The only question is possible alignment issues and the possibility of the City participating in the cost of constructing this road. Ed expressed concern with the alignment of Schaffer Road and its connection to Arnold Road. There are other possibilities such as extending Hasselt to connect to Arnold Road or placing a curve in Schaffer Road to connect with Arnold to have a continuous collector street with the minimum radius requirements in the Subdivision Regulations. (Schaffer & Arnold Roads should be a 60' right-of-way.) The engineering department could put estimates together on the cost of these roadways to determine how much the City would be required to contribute toward the construction of these roads if the City decides to participate in Arnold Road. Schaffer & Graham Rezoning Staff Meeting 9-28-95 Page 20f2 Hasselt or Arnold has to be a collector. If we still have the right-of-way of Arnold Road, we could construct that portion of the street and require the developer to extend it through his property. With this scenario or not, there may still be the possibility of participating in the construction of Arnold Road based on the recommendations in the impact studies. If the re-alignment of Schaffer is not acceptable to the Edelweiss Estates (Steve Arden), an alternative is for them to participate in the construction of Schaffer in its present location. Staff agreed that in the last predevelopment meeting with the potential developer, staff committed to recommend approval of participating in the construction of Schaffer Road. The entire property owned by Mr. Schaffer (not just the two tracts which have been identified) must be included in the rezoning request or staff cannot recommend approval of the request. (The entire property must also be included in the preliminary plat in accordance with the Subdivision Regulations.) Determine what the intentions of the drainage right-of-way area that runs parallel with Schaffer Road in the re-alignment plan next to the existing homes in Edelweiss. Staff is not sure if it will be allowed there depending on what it is for and what it will look like. Staff is concerned with lots fronting on Graham Road and the parking it will encourage along the roadway. The street that runs parallel to Graham Road should be realigned so that there are double frontage lots that will back up to Graham Road and delete the proposed alley. Regardless of the location of Schaffer Road, it should be constructed in its entirety and not in phases as this property develops. Staff is open to the possibility of phasing the development and delaying the construction of Schaffer Road until a future phase in the development. A development agreement seems inevitable concerning the development of this property. Once staff has additional information on the rights-of-way of Schaffer and Arnold Road, another staff meeting will be scheduled to include Veronica and Kent to determine what staffs recommendations will be on the rezoning and platting of the property.