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HomeMy WebLinkAboutMinutesd .. ~ Draft P&Z .Minutes ,~'une 20, 1996. Page 1 of 3 AGENDA ITEM'NO.4: Public hearing to consider a rezoning request for the Melrose Subdivision totaling 52.3 acres located along the south side of Luther Street approximately 1550' east: of the F.M. 2818 intersection. from R 1 Single Family Residential, R:5 Medium Density Apartments, R 7 Mobile Homes and M-2 Heavy Industrial to R-5 Medium Density Apartments. (96-108) City Planner Kee presented the staff report for both the rezoning request and the preliminary plat of the Melrose Subdivision. The request R-5 zoning is in compliance with the current Land Use Plan and is compatible with existing and future uses in the immediate area. The current Land Use Plan shows high density residential, which is not expected to change with the new land use .plan that is being prepared by the consultants.. Under the existing zoning, the.. area could build as many as .708 dwelling units and a fair sized heavy .industrial use. The requested .zoning would eliminate the heavy. industrial .and allow up to 1304 dwelling units underthe maximum density. The addition of the proposed 462 units will impact the azea sewer line and street systems. Any rezoning in the azea will therefore need to be accompanied by conditions `to mitigate those :negative impacts. `:Luther and Jones-Butler are substandard and will be heavily impacted because they aze to serve as primary routes to and from the proposed multi-family complex. Due to thin desire on the part of the .applicant to orient traffic to these two streets, .staff recommends that the zoning,be approvedonly with assurance that Luther and Jones-Butler be.:improved for the portions. of the roads that immediately abut the subject 'property. Southwest Parkway is built to major arterial standards but it dead-ends into the south side of the subject :property. The Thoroughfare Plan would require its extension through- the property to .Luther. The applicant wishes to end Southwest Parkway for. purposes of security and continuity. On the Thoroughfare Plan, the Southwest Parkway extension north to Luther is intended to provide additional, through movement, as well as o provide access to better distribute traffic in the area. The additional through movement is not as critical since this proposal is for one multi-family development. Traffic'distribution is more critical. This can be accomplished through proper ite design whereby this project would access Southwest Parkway where it will end on the south side and would. access Luther on the north side. This will distribute some traffic to the south: and some traffic to the north.. The applicant has offered an upgrade and additional 'right-of- way dedication for Luther for a distance equal to he property, frontage. ;This upgrade should begin. at Marion Pugh and extend to the west for `this distance.. Jones-butler should be improved .along the property frontage within'the existing 80' right-of-way. The sewer system in the-area west of Wellborn has been problematic for a number of years. The City `has planned for improvements to this area in the next fiscal yeaz` This budget has not. yet been adopted by the Council. In order to support a development of his magnitude, these improvements must be made prior to or in conjunction with commencement of construction of the project. Approval of the requested. rezoning will almost double the amount of dwelling units that may be built. With approval'.of this rezoning, it is imperative that the Christine Lane sewer'line improvements be approved later this year by the City Council as part of the next Capital Improvements budget. Staff recommended approval of the rezoning request with the condition that before the R-5 zoning becomes effective, the property owners enter into a development agreement to upgrade Luther and provide additional right-of--way where ..necessary, to upgrade Jones- Butler to arterial standards along the entire extent of the property, and to make the necessary sewer upgrades rather than the City reimbursement of all or part of the costs be negotiated as-part of the development agreement, to end South~v~ garkway in a fashion acceptable to the City in terms of turn- around 'needs, to ensure access to Southwest Parkway from the development and to limit the density to the number. of dwelling units proposed. ~` Draft P&Z Minutes June 20, 1996. Page. 2 of 3 City Planner Kee stated that the development agreement could also provide for .financial participation for any of these improvements depending on the demand impact of the development as .evidenced in impact studies that would be presented as a part of any oversize participation request.. Staff recommended approval of the preliminary plat once the rezoning is effecting with the condition that the utility easements and extensions issue to the. parcels that .are not a' part of .this development be postponed until the final plat. Staff will continue to work with the applicant and the City's legal department on this. issue. to be discussed further at the time of final plat. There would be no final plat considered until the development agreement is completed. Chairman Hawthorne opened the public hearing. Representative of the applicant, Greg Strmiaska of Bury. & Pittman in Austin, informed the Commission that there are a number of issues associated with the development. of the property. The developer is on a night time schedule because .the target opening date is fall ,of next year with. construction beginning September 1, 1996. The proposed 462 units may change slightly to 480 units .and he would .like to work with staff on clarifying the number of units in -the development agreement. He stated that the developer has agreed to take access to Southwest Parkway in lieu of extending it through the property and providing improvements to Luther and Jones-Butler Road. Mr. Strmiaska stated that he is concerned with. the extent at which '.the improvements to Luther and Jones-Butler Road will extend beyond theu° property but that `..can be worked out with staff before the final plat. Sanitary sewer is an issue. in 'this case and the developer would dike to continuing exploring the options .with staff including. the .overall impact the development will have on the system. He stated than. the developer is not opposed to looking at utility :extensions. but not .without something that would be a fair agreement for both'parties. The developer should not be obligated to extend utilities to adjacent property owners. In discussing this issue with several attorneys, there have :been several .cases that: say if you do not crate a need to extend utilities, ,then you are not required to .extend utilities. IVIr. Strmiaska requested that this issue also be delayed until the final plat to give everyone more time to discuss the alternatives. Commissioner .Hall questioned. if the developer is willing to front the money for the sanitary sewer line to later be reimbursed for the City's portion of the line. He also .questioned the number of people that will be living at the proposed complex. Mr. Strmiaska stated that they are willing to work with staff on the sanitary sewer line issue and if based on the density of the ;development the improvements are needed, :the developer will take that into consideration. There will be approximately.:' 1500 tenants of the complex with a combination of 2, 3 and 4 bedroom. units. All private bedrooms will have their own bathroom with the entire complex being fully secured with a gated entrance: ,y Draft P&Z Minutes June 20, .1996 Page 3 of 3 Fain McDougal of 4150 Shadowbrook informed the Commission that he was .present on .behalf of Raymond C. Goriski, the owner of a six acre tract downstream of the proposed development. The owner is in favor. of the .development of the subject property. and thinks it will be an excellent addition to the area. However, with the development of this area, the ultimate design of the water and sanitary sewer services should be considered.. The needs of the surrounding property owners should be addressed and studied as the. overall area develops. Mr. McDougal stated that there is a tremendous amount of development potential in the area if the utility system is adequate. Chairman Hawthorne closed the public hearing. Commissioner Cmbou moved to recommend .approval of the .rezoning .request of 54.3 acres located on the southwest. corner of Luther Street and Jones-Butler. Road from M-2 Heavy Industrial, R-1 Single Family, R-5 Medium Density Apartments and R 7 Mobile Homes to R-5 Medium Density Apartments with the .staff recommendations.:. Commissioner Lightfoot seconded the motion. Chairman Hawthorne stated that'he agrees with Mr. McDougal in that any improvements the City does of a capital. nature do not need to be done piecemeal as each property is developed. It is in the city's interest and the developers that the area is ..master planned and not. put together like a puzzle. The motion to recommend: approval passed unopposed (5 - 0). c 4 I ~ ~. Regular 7/11/96 Page 3 5i. Approved amendment to amended Section 1, G, 2-8 of the City of College Station Policies and Procedures Handbook, regarding the disciplinary and termination policy. 5j. Approved engineering contract. with McClure Engineering for the design of Patricia Street. Total estimated expenditure, $127,125 funds available from the 1995. general obligation bond authorization. The above items were approved by common consent. ,.~-~ ~ ~- em too. ~ -- Public hearing to consider rezoning of 48.2 acres located approximately 1'400 ft.'east of the Greens Prairie and Highway 6 intersection, north of Greens Prairie Road from A-O Agricultural Open to R-1 Single Family. Applicant, Don Garrett for Jerry Windham and Frank Thurmond. (96-107) City Planner Jane Kee presented the item. She stated that this case has very important implications for the future land use plan, some of the city's development policies and for the way the. remainder of the south area of town will develop. The rezoning shows densities typical of those found along the East Bypass subdivisions and not the lower densities as shown on the. draft HOK plan. The current land use plan supports this rezoning. Staff and Planning and Zoning Commission recommended approval of the request. Mayor Mcllhaney opened the public hearing. No one spoke. She closed the public hearing. Councilman Birdwell moved adoption of Ordinance No. 2.189 in accordance with staff recommendations. The motion was seconded by Councilman Fox which carried unanimously, 5-0. Councilmembers directed staff to begin proceedings to rezone the corner tract on Highway fi and Greens Prairie Road to C-1. Agenda Item No. -6(b1 -- Public hearing to consider rezoning of 54.3 acres located on the southwest corner of Luther street and Jones Butler from M-2 Heavy Industrial, R-1 Single Family, R-5 Apartment Buildings/Medium Density, and R-7 Mobile Homes to R-5 Apartment Buildings/Medium Density. Applicant, Bill Mitchen for lntegroup, Inc. (96-108) Regular 7/11/96 Page 4 City Planner Jane Kee described the subject tract and surrounding properties. The request is to build approximately 660 dwelling units. The requested R-5 is in compliance with the land use plan, compatible with existing and future intended uses in the immediate area. The addition of the units will impact the area sewer and street systems. Any rezoning will therefore need to be accompanied by conditions to mitigate those negative impacts. Staff recommended approval of the rezoning with the assurance that Luther and Jones Butler streets be improved for the portions of the roads which immediately abut the subject property. The applicant wishes to amend the city°s thoroughfare plan and not extend. Southwest Parkway through the property for purposes of security. She noted that there are existing problems with the sanitary sewer system. Staff will be communicating with the water and waste water consultants, Camp Dresser and McKee about this development's impact to the sewer infrastructure. Staff recommended. approval with the following conditions before R-5 zoning becomes effective: • the property owners enter into a development agreement to upgrade Luther to collector standards from Marion Pugh west for a distance equal. to the property frontage • dedicate an additiona120 feet of right of way for Luther along their frontage, • upgrade Jones Butler Holleman to Luther to minor arterial standards along the entire extent of the property • developer. make the necessary sewer upgrades if the city has determined the impact of the development warrants • development takes an access from Southwest Parkway into Luther to distribute the traffic • density be limited. to 660 dwelling units Staff recommended approval of the preliminary plat. contingent upon the zoning become effective and elements agreed upon within a development agreement and with the provision of utility easements and extensions for service as per utility extension policy and subdivision regulations. Planning and Zoning Commission recommended approval of the rezoning and the plat with staff recommendations with the exception that the applicant be allowed to postpone the decision concerning the variance to the utilities and easements until time of final platting. Staff will recommend that the developer Regular 7/1.1/96 Page 5 follow the city's policy and ordinances in extending sewer in easements to provide utilities to those lots. in out parcels. To conclude, parkland Vvill be handled with the final plat. The proposal is for a land dedication about 3-4 acres. Staff clarified questions from the council related to the street extension and utilities. Mayor Mcllhaney opened the-public hearing. Representative of the applicant, Greg Strmiaska of Bury & Pittman in Austin, came forward to describe the project. Don Jones of 3201 Forestwood, real estate broker representing the land owner of the subject property, supported the project. Mayor Mcllhaney closed the public hearing Councilman Hickson. moved approval of Ordinance No. 2190 with staff recommendation. The motion was seconded by Mayor Protein Kennady which carried unanimously, 5-0. Councilman Birdwell. pointed out the staff recommendation. is that this rezoning is subject to the negotiation. of an appropriate development agreement. Agenda Item No. 6(c) -- Public hearing for proposed community development block grant and HOME FY 97 budgets and community development priorities. Community Development Administrator Jo Carroll explained that the proposed budget and priorities of the Plan were developed in response to Council's strategic issues, input received in neighborhood public hearings and local social service providers. Total amount of proposed budget is $1,332,401. Mayor Mcllhaney opened the public hearing. The following individuals addressed the council on behalf of their respective organizations to request funding from the city. EricTodd, Administrator of Health Services for Brazos Valley Community Action Agency Don Sweeney, President of Brazos Valley Community Action Agency