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HomeMy WebLinkAboutMinutesMINUTES, Regular Ci ._'. Council Meeting `~` July 14, 1977 - Page 3 7:00 P.M. providing the necessary matters incidental thereto, including directing the city .engineer to rpepare plans. and.specification therefor, and declaring an emergency passed by the following vote: FOR --- Mayor Bravenec; Councilmen Ringer, Halter, Hazen AGAINST --- Councilman`Gardner ABSTAINING --- Councilman Stephenson Councilman Halter stated that in the future there should be a 1/3 - 1/3 - 1/3 cost assessment (1/3 tip each front .footage owner,. 1/3 to the City); the actual amount that the landowners would have to pay to be calculated by the city engineer and be stated on the face of the petition, plus or minus ten (10) percent. City Engineer Ash explained that a "1/3" assessment on each street would be difficult and suggested that the Council adopt a policy to establish a dollar amount per front foot to be reviewed on a yearly basis instead of trying to calculate.. the actual. cost for each front footage property owner. Agenda Item No. 6 -- Consideration of an ordinance abandonin the ri ht-of- way for Pooh Lane in the Pooh's Park Subdivision City Planner Mayo described the location of the right-of-way for Pooh Lane. City Planner Mayo stated that the, Planning and Zoning Commission saw no future need to ex end the street. City Manager Bardell pointed out that the right-of-way had been cleared for abandonment by all utility companies. City Manager Bardell also stated that if the ordinance abandoning the right-of-way was approved, the property would revert 'back to the use of the property on either side of the right-of-way. Councilman Halter moved to approve the ordinance abandoning the right-of-way for Pooh Lane in the Pooh`s Park Subdivision. Councilman•Gardner seconded the motion. The motion to approve the ordinance (Ordinance 1084) abandoning the right-of- way for Pooh Lane in the Pooh`s Park Subdivision passed unanimously. Agenda Item No. 7 --.Consideration of an ordinance abandonin the ri ht-of-way for the unconstructed portion of Hawthorne Street. City Engineer Ash described the location of the right-of-way in relation to city streets and adjoining property. Mayor Bravenec noted that the city was actively looking into the questioned acreage as a park. Councilman Halter moved approvalof abandoning the right-of-way for the uncon- structed portion of Hawthorne Street, subject to the granting of an access easement under the specifications of the city engineer. V+~^ ~I~ I Barbara. Crrayhouse informed the Commission that she has known Donna Winslow for eighteen years and she has a top notch facility in her home. Ms. Winslow will do everything necessary to make this a top notch facility that fits in with the community. Chairman Hawthorne closed the public hearing. Commissioner Smith moved to recommend approval of the rezoning request for 3.S acres in the Edelweiss Subdivision located on the northeast corner of the Wellborn Road and Monier Drive intersection from C-3 Planned Commercial to C-2 Commercial Industrial with the staff recommendations cancerrung buffering. Commissioner Massey seconded the motion which passed unopposed (6 - 0). AGENDA ITEM NO. 4: Public .hearing to consider a rezoning request for approximately 16 acres located in the southeast quadrant of the Texas Avenue. and Holleman Drive intersection containing portions of the Pooh's Park Subdivision, from WPC Wolf Pen Creek Corridor to C-1 General Commercial. (96-11~ City Planner Kee presented the staff report and stated that the particular property under consideration for rezoning is a tract with. Texas Avenue frontage. and frontage on the future Kyle extension. It has a large ..amount of creek frontage and is on the periphery of the WPC district at the upper end of the creek near the Texas Avenue / SH 30 intersection.': Property owners have expressed concern over their ability to market the .property and develop it for retail use under the WPC regulations. It is a large tract of land that is attractive to the big box retailer or shopping center. These business orient to major arterials and draw vehicular traffic to their sites from these adjacent roadways. It is not likely that this particular piece of property will be divided up into the kind of small commercial establishments envisioned to develop along the creek corridor.. Allowing this property to develop oriented to Texas Avenue and without the architectural review: of the WPC district will not harm the future implementation caf the Wolf?Pen Creek Master Plan as long as certain conditions are placed on this rezoning. Conditions should include those that would not preclude improvements to the.: creek and the minimum reservation area that are necessary to implement the plan. The'best mechanism is a development agreement whereby the City has some assurance that this can occur, similar totheagreement executed for the Wolf Nursery project. A development agreement'could also address .other items such as the extension of Kyle through this property. Only half of the (right-of-way will be coming from this tract and the City will be constructing thee: street at some future date. An agreement would tie down responsibilities in this matter. Staff recommended approval of the rezoning request with the condition that a development agreement be prepared and approved addressing drainage, erosion` control and other master plan elements related to the creek and minimum reservation area. Commissioner Gribou questioned staff pertaining. to examples of when the Design Review Board has prevented development within the area as opposed to enhancing the quality of the area. City Planner Kee stated that she knew of no examples where the Board discouraged or :prevented development... The first project, Wolfe Nursery, was a learning experience for everyone; however, the property developed in accordance with the Plan. Chairman Hawthorne opened the public hearing. __ P & Z Minutes October 17, 1996 Page 6 of 8 Representative of the applicant, Art Anderson an attorney who practices zoning and land use law, approached the Commission and stated that several .persons have approached the owner wanting to purchase. the property for retail development. Each time that has happened, they have decided that the :restrictions, .either by ordinance or process, will prevent them from developing the property.. From a land use standpoint, it is appropriate for a shopping center. or big box users because of the size of the property and its location. on Texas Avenue. The property is on the periphery of the district and a majority of uses within. this quadrant are C-l uses. Mr. Anderson stated that no one will be adversely impacted if the rezoning is granted. and virtually all of the landowners within this section of the corridor are in support of the request. A logical terminus point for the district is at the Kyle Avenue extension. He stated that they are opposed to the development agreement recommended by staff. The GT district and its. provisions do not reference a development agreement or drainage requirement. If the property is rezoned to C-l, then the C-1 standards should apply. Otherwise, the development agreement condition may create .contract zoning in this situation. The C-l zoning classification. is appropriate on its own merits without requiring certain land dedication and public improvements. The drainage issues on this property should be addressed at the time of platting and not at the time of zoning. Paul Clarke of Clarke & Wyndham stated that he is not specifically against the rezoning request; however, he is against any property along the Wolf Pen Creek frontage trying to pull out of the master plan. He stated that he .represents 70 - 80% of the property owners along. the creek and none are in favor of allowing someone to pull out of the master plan. This issue is a :planning issue and not a zoning issue since the master plan was adopted and implemented by the City Council several years ago. The Tax Increment Finance district is finally' accumulating some money that. will help .pay .for public improvements within the creek to implement the master plan further. There. is no land use that can go on the subject property that is not .allowed within the Wolf Pen Creek zoning district. The. subject property has a substantial amount of frontage along the creek and is a critical parcel. Mr. Clarke stated that he will not opposethe rezoning if the staffrecommendations are met so thatthe'plan is still valid. Applicant Dixie Dale informed the Gornmission that there is retail development all around the subject property:. Once Kyle Avenue is extended, it will. provide a well defined buffer between the Wolf Pen Creek. area and the retail development along: Texas Avenue. Many property owners in this quadrant opposed the original vision presented by the Council in the 1980's of a San Antonio Riverwalk.' After ten years in the district, the owners would like to sell the property for a much needed big box user or a power center. The vision can begin at Kyle Avenue and continue back to the Bypass: Reverend Floyd J. Polk, Sr. of First Methodist Church stated that he is in favor of the rezoning request. The dream of Wolf ..Pen Creek as a riverwalk is almost impossible. If the subject property was developed commercially, it would add to'the tax base. Pastor. Garvin of the Washington Baptist Church .informed the Commission that he is in favor of the rezoning request. Henry Hilton, the owner of the Certified Copy'building stated that he is in favor of the rezoning request. He stated that the property owners want to get their money out of the property. Lori Williams, owner of Lube King on Holleman, .approached the Commission and stated that the property was C-1 before the Wolf Pen Creek plan was implemented and they would like for the C-1 zoning back in order'to have a higher market value. Potential buyers of the property have pulled out because of the zoning restrictions: P & Z Minutes October 17, 1996 Page 7 of 8 Chairman Hawthorne closed the public hearing. Commissioner Smith. moved to deny the rezoning request for approximately 16 acres .located in the :~a southeast quadrant. of the Texas Avenue and Holleman Drive intersection containing portions of the Pooh's Park Subdivision from WPC Wolf Pen Creek Corridor to C-1 General: Commercial. Commissioner Cmbou seconded the motion: Commissioner Smith stated that he has a problem with removing any property from the District without an in depth study being. conducted since so much time and effort has been spent on implementing. the plan. He stated that he does not feel comfortable in wiping out a lot of the hard work and community involvement without further consideration. Commissioner Smith suggested that the Commission receive more direction .from the H.O.K. consultants and the City.. Council before voting against the master plan. Commissioner Lightfoot agreed .and stated that the master plan was a community decision made years ago and such a decision to ignore the plan should. not be decided in just a moment. There. are defuutely drainage problems that must 'be addressed that. involve other property owners that are not present tonight.. Commissioner Lightfoot stated that he thinks the city will be doing the community a disservice- by granting the rezoning request and doing away with the plan.. There is nothing that stops commercial development now in the Wolf Pen Creek area. Chairman Hawthorne stated _that the issue is more of a planning issue that the city has committed to through the adoption and implementation 'of the master .plan. .This issue is much bigger than the rezoning request.. If the Council decides to back off the plan,. then there needs to be a policy decision ___ made concerning the entire area and not just the subject property. Chairman Hawthorne stated that he thinks the C-1 zoning is appropriate for the area; however, the. entire area should be examined instead of just looking at the subject property. ''" <' - ~ The motion ny the rezoning request passed (S--P-Y); C~:~~issiene~Parke~-veted-in-©/p~position-to th . mn ion ~'~ -" •~., r j_s ~ c,~~ Vic-. ,~•~v/cs4°- !" '"~ ''m ~" G~~. °~ AGENDA ITEM NO. S: Other business. There was no other business. AGENDA ITEM NO. 6: Adjourn. Commissioner Lightfoot moved to adjourn the meeting of the Planning and Zoning Commission. Commissioner Pazker seconded the motion which;passed unopposed (6 - 0). r~PROVED: _----~_ __ Cha.trman, Kyle Hawthorne A J.: Technician, Natalie Thomas P & Z Minutes October 77, 1996 Page 8 of 8