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AGENDA TTEM NO. 2: Public hearing to consider a rezoning request of 1.71 acres of M-1
Planned Industrial and 0.54 acres of A-O Agriculture/Open to A-P Administrative Professional,
located on the northeast corner of Emerald Parkway and Highway 6 intersection. (96-103)
Senior Planner Kuenzel presented the staff report and stated that the request is for consolidation of two
remnant pieces of property to be in conformance with an existing 16.8 acre tract that has been zoned A-
Psince the late 1970's. The two subject tracts are zoned M-1 along most of the Emerald Parkway
frontageand.A-O along;the rest of the non-residential frontage. The M-1 was a remnant tract that used
to be part of the Agency Records Control tract across Emerald Parkway and the A-O is a part of the
abandoned right-of--way. Both remnants were created with the relocation of Emerald Parkway to align
with the F.M. 2818 extension. Due to the fact that the rezoning will consolidate development for a
more comprehensive approach to development, staff recommended approval of the request.
Mayor Pro Tempore McIlhaney opened the joint public hearing.
Applicant Allen Swoboda explained that the overall plan is to develop the entire corner property into an
office park. At the present time, there are two potential clients who are interested in two of the lots.
One is proposing.. a 12,000 square foot building and the other is proposing a 50,000 square foot
building. Mr. Swoboda stated that he is still working with the adjacent property owners on the purchase
of additional buffer areas.
Official Spokesman of the East Bypass .Home Owners Coalition Ray Martyn of 7803 Appomattox
stated that the Coalition is offering its conditional support of the proposed rezoning request because of
two reasons:
(1) the rezoning is somewhat of a housekeeping change that should have been cleared
up in the past; and,
(2) the proposed zoning is an upgrade zone rather than a downgrade zone going from
M-1 to A-P.
Mr. Martyrs stated that the Coalition has met with Mr. Swoboda to discuss his plans and potential
tenants of the property and agree that they are compatible with the East Bypass. There is still concern
that under the A-P zones there are not restrictions for buildings height, etc. The Coalition requested
that if and when. a preliminary plat and site plan are submitted, the City require the developer to comply
with any new building restrictions that maybe proposed or adopted under the new buildings along the
East Bypass to include adequate buffering, restricted hours of operation and limiting the building height
to two stories.
Emerald forest Homeowners Association President Calvin Boykin of 8407 Shadow Oaks stated that
the proposal was included in the quarterly newsletter. After that, the annual meeting was held in which
Mr. Swoboda. presented the development proposal. There has been no opposition to the proposal and
the Homeowners Association recommends approval of the rezoning request.
Mayor Pro Tempore closed the joint public hearing and allowed the Commission to discuss and make a
recommendation on the rezoning request.
P & Z / CC Mirnrtes Ma~~ch 28, 1996 Page 3 of S
Commissioner Gribou moved to recommend approval of the rezoning request for 2.25 acres located on
the northeast corner of the Emerald Parkway and Highway 6 intersection from A-O Agriculture Open
and M-1 Planned Industrial to A-P Administrative Professional. Commissioner Smith seconded the
motion which passed unopposed (7 - 0).
Councilman Kennady moved to approve the rezoning request for 2.25 acres located on the northeast
corner of the Emerald Parkway and Highway 6 intersection from A-O Agriculture Open and M-1
Planned Industrial to A-P Administrative Professional. Councilman Mariott seconded the motion which
passed unopposed (6 - 0).
AGENDA ITEM NO. 3: Consideration of a final plat for 4.4 acres of Brandon Heights
Phase II Subdivision. (96-207)
Assistant City Engineer Morgan presented the staff report and stated that beginning in 1995, staff met
with the Brandon .Heights Homeowner's Association,. at their request, to discuss an agreement and
transfer of the homeowner's interest in the detention pond. area within the Brandon Height's
Subdivision. The purpose of this replat is first to subdivide the corner lot area at Honeysuckle and
Westchester; and second, to dedicate the existing detention pond and drainage facilities in the remaining
"Common Area" to the City of College Station. The exterior boundaries are remaining the same, and
the detenti®n pond area,. originally called Common Area, is now being designated as a "Public Utility
and Drainage Right-of--Way" and the corner of Honeysuckle and Westchester is being retained as a
"Common Area" for the purpose of maintaining signage. Staffrecommended approval of the final plat
with the condition that the maintenance agreement be filed with the final plat.
Mayor Pro Tempore McIlhaney opened the joint public hearing
Engineer Chris Galindo of 3107 Rolling Lane in Bryan stated that he prepared the final plat and will
answer any questions concerning the drawing.
Mayor Pro Tempore closed the joint public hearing and allowed the Commission to discuss and make a
recommendation on the final plat.
Commissioner Smith moved to recommend approval of the final plat of the Brandon Heights Phase II
Subdivision with staff recommendations. Commissioner Lightfoot seconded the motion.
Commissioner Hall expressed concern that a few years ago,. the City adopted this new paradigm to
unload the burden of drainage areas to the home owner's associations so that they could bear the
maintenance costs.. At that time, the City said they could not afford the maintenance responsibility of
anymore drainage easements and now a few years later, the City is willing to take over the maintenance
of an existing facility. He stated that the City needs a .consistent policy with regard to drainage
easements. It is not fair for the City to take over the maintenance responsibility of this facility and not
take over the many remaining drainage easements currently maintained by various home owner's
aSSOCiatlonS.
P & Z / CC Minutes March 28, 1996 Page 4 of ~
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AGENDA ITEM NO. 2: Public hearing to consider a rezoning request of 1.71 acres of M-1
_ Planned Industrial and- O:S4 acres _ ~ A-O Agriculture/Open to A-P Administrative Professional,
located on the northeast corner of Emerald Parkway and Highway 6 intersection. (96-103)
Senior Planner Kuenzel presented the staff report and stated that the request is for consolidation of two
remnant pieces of property to be in conformance with an existing 16.8 acre tract that has been zoned A-
Psince the late 1970's. The two subject tracts are. zoned M-1 along most of the Emerald Parkway
frontage and A-O along the rest ofthe non-residential frontage. The M-1 was a remnant tract that used
to be part of the Agency Records Control tract across Emerald Parkway and the A-O is a part of the
abandoned..right-of-way. Both remnants were created with the relocation of Emerald Parkway to align
with the F.M. 2818 extension. Due to .the fact that. the rezoning will'. consolidate development for a
more .comprehensive approach to development, staff recommended- approval of the request.
Mayor Pro Tempore McIlhaney opened the joint public hearing.
Applicant Allen Swoboda explained that the overall plan into develop the entire corner property into an
office park. At the present time, there are two potential clients who are interested in two of the lots.
One is proposing a 12,.000. square foot building and the other is proposing a 50,000 square foot
building.. Mr. Swoboda stated that he is still working with the adjacent property owners on the purchase
of additional buffer. areas.
Official Spokesman of the East Bypass Home Owners Coalition Ray Martyn of 7803 Appomattox
stated that the Coalition is offering its conditional support of the proposed rezoning request because of
two reasons:
(1) the rezoning is somewhat. of a housekeeping change that should have been cleared
up in the past; and,
(2) the proposed zoning is an upgrade zone rather than a downgrade zone going from
M-1 to A-P.
Mr. Martyn stated that the Coalition has met with Mr. Swoboda. to discuss his plans and potential
tenants of the property and agree that they are compatible with the East Bypass. There is still concern
that under the A-P zones there are not restrictions for buildings height, etc. The Coalition requested
that if and when a preliminary plat and site plan are submitted,. the City require the developer to comply
with any new building restrictions that may be .proposed or adopted under the new buildings along the
East Bypass to include adequate buffering, restricted hours of operation and limiting the building height
to two stories.
Emerald Forest Homeowners Association .President Calvin Boykin of 8407 Shadow Oaks stated that
the proposal was included in the quarterly newsletter. After that, the annual meeting was held in which
Mr. Swoboda presented the development proposal. .There. has been. no opposition to the proposal and
the Homeowners Association recommends approval of the rezoning request.
Mayor Pro Tempore closed the joint public hearing and allowed the Commission to discuss and make a
recommendation on the rezoning request.
P & Z / CC Minutes Mcrrch 28, 1996 Page 3 of S
~~ " Commissioner Gribou moved to recommend approval of the rezoning request for 2.25 acres located on
} the northeast corner of the Emerald Parkway and Highway 6 intersection from A-O .Agriculture Open
and M-1 Planned Industrial to A-P Administrative Professional Commissioner Smith seconded the
motion which passed unopposed (7 - 0).
Councilman Kennady moved to approve the .rezoning request for 2.25 acres located on the northeast
corner of the Emerald Parkway and Highway 6 intersection from A-O Agriculture Open and M-1
Planned Industrial to A-P Administrative Professional. Councilman Mariott seconded the motion which
passed unopposed (6 - 0).
AGENDA ITEM NO. 3: Consideration of a final plat for 4.4 acres of Brandon Heights
Phase II Subdivision. (96-207)
Assistant City Engineer Morgan presented the staff report and .stated that beginning in 1995, staff met
with the Brandon Heights Homeowner's Association, at their request, to discuss an agreement and
transfer of the homeowner's. interest in the detention pond area within the. Brandon Height's
Subdivision. The purpose of this replat is first to subdivide the corner lot area at Honeysuckle and
Westchester; and second, to dedicate. the existing detention pond and drainage facilities in the remaining
"Common Area" to the City of College Station. The exterior boundaries are remaining the same, ',and
the detention pond area, originally called Common Area, is now being designated as a "Public Utility
and Drainage Right-of--Way" and the. corner of Honeysuckle and Westchester is being retained as a
"Common Area" for the purpose of maintaining signage. Staff recommended approval of the final plat
with the condition that the maintenance agreement be filed with the final plat.
Mayor Pro Tempore McIlhaney opened the joint. public hearing.
Engineer Chris Galindo of 3107 Rolling Lane in Bryan stated that he prepared the final plat and will
answer any questions concerning the. drawing.
Mayor Pro Tempore closed the joint public hearing and allowed the Commission to discuss and make a
recommendation on the final plat.
Commissioner Smith moved to recommend approval of the finale plat of the Brandon Heights Phase II
Subdivision with staff recommendations. Commissioner Lightfoot seconded the motion.
Commissioner Hall expressed concern that afew -years ago, the City adopted this new paradigm to
unload the burden of drainage areas to the home owner's associations so that they could bear the
maintenance costs. At that time, the City said they could not afford the maintenance responsibility of
anymore drainage easements and now a few years later, the City is willing to take over the maintenance
of an existing facility. He stated that the City needs a consistent policy with regard to drainage
easements. It is not fair for the City to take over the maintenance responsibility of this facility and not
take over the many .remaining drainage easements currently maintained by various home owner's
associations.
P & Z / CC Minutes March 28, 1996 Page 4 of S
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®X Regular Item
Consent Item
Statutory Item
Item Submitted By:
Sabine Kuenzel Senior Planner
For Council Meeting Of: Ma h 28 14
Director Approval
City Manager Approval
Ends Statements /Strategic Issues: Civic Pride: Citizens benefit from a
well-planned community; Employment/Prosperity: Citizens. benefit from an
environment that is conducive to providing. diverse employment opportunities
Item: Public hearing and consideration of a rezoning request for 1.71 acres of
M-1 Planned Industrial and 0.54 acres of A-0 Agriculture/Open. to A-P
Administrative Professional -the total of 2.25 acres is located on the
northeast corner of Emerald Parkway and .Highway 6 intersection. Application
is in the name of Allen Swoboda. (96-103).
Item Summary: The request is for consolidation of two remnant pieces of
property to be in conformance with an existing 16.8 acre tract that has been
zoned.A-P since the elate 1970's. The two subject tracts are zoned M-1 along
most of the Emerald Parkway frontage and A-O along the rest of the non-
residential frontage. The M-1 was a remnant tract that used to be part of the
Agency .Records .Control tract across Emerald Parkway and the A-O is a part
of the abandoned right~of way, Both remnants were created with the
relocation of Emerald Parkway to align with the 2818 extension.
Due to the fact that the rezoning. will consolidate development. for a more
comprehensive approach to development, Staff recommends .approval of the
request.
o:groupklev-serv~cvrsht~96-103.doc
Financial Summary: n/a
Staff Recommendation: Staff recommends approval .The Planning and
Zoning.Commission will make. its recommendation at the joint meeting with
Council on March 28th.
Ci y Attorney Recommendation: No concerns expressed
Council Action Desired: Approval or denial of request
Supporting Materials:
1. Location map
2. Staff report
3. Ordinance
4. Application
o:groupldev-servlcvrsht196-103,doc