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HomeMy WebLinkAboutMinutesAGENDA ITEM NO. 3: Pu61ic hearing to consider a rezoning request for 3.5 acres in the Edelweiss Subdivision located on the northeast corner of the Wellborn Road and Mortier Drive intersection from C-3 Planned Commercial to C-2 Commercial Industrial. (96-117) Senior Planner McCully presented the staff report and. stated that the applicant is requesting the rezoning in order to prepare the property for development as an animal boarding facility with associated uses such as animal grooming and perhaps future veterinarian offices. The C-2 district is considered a more intense zoning district because in addition to the uses allowed under the present C-3 zoning, the C-2 also permits uses such as theaters, restaurants,: and retail as well as more industrial commercial type uses like warehouses and welding shops.. Even though the applicant would be willing to submit to certain use restrictions, placing such restrictions on the property would be .tantamount to "contract zoning". Therefore the City must consider all of the uses listed in that district rather than this specific use. From a planning and zoning viewpoint, the zoning is in compliance with the City's Land Use Plan for the area. Staff recommended approval with the condition that the buffer areabe developed as is laid out in the R&D district and in keeping with the condition placed on the Master Plan. and original zonings for this Edelweiss Subdivision. One call was received from the owner of the Villas of Rock Prairie concerned with the larger variety of uses allowed in the C-2 zoning district. Chairman Hawthorne opened the public hearing. Patricia K. Rogers of 1615 Emerald Lake Court in Houston approached the Commission and state that she is the Chief Executive Officer for B3 Properties. She read letters presented to the Commission in favor of the rezoning from Nancy Sawtelle and Dr. Michael Herron. Ms. Rogers thoroughly explained the proposed. state of the .art facility for the pet resort. She stated that they will make every effort to be good neighbors and agree with staff on the proposed buffer to help with noise abatement. There will be a'25' buffer between the resort and the adjacent residential area with berms and trees to help buffer the noise. Steve Arden, representative of the seller Begonia Corporation, stated that the concept being considered is so much more than a kennel which is allowed in the C-2 district. There are several uses allowed ih C- 3that are not as compatible with the neighborhood as the proposed pet resort. Mr. Arden stated. that buffering requirements will be imposed by the seller as well as heavy architectural controls to ensure that noise abatement will be in place. Donna Winslow, the Chief Operations Officer for B3 Properties informed the Commission that extensive research was done on the noise abatement issue. The dogswill go inside at 9:00 p.m. at the latest and come out after 7:00 a.m. James Rogers informed the Commission that he spoke with several students at Texas A&M University and found that there is an interest for this type of facility in College Station especially on weekends and holidays. Mark Eslick of 2433 Colgate stated that he is an Animal Science major at Texas A&M. He stated that the proposed facility will offer students an opportunity to get. the hands on experience needed to get into veterinary school. P & Z Minutes October 17, 1996 Page S of 8 ,~ Barbara Grayhouse 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 3.5 acres in the Edelweiss Subdivision located on the northeast. corner of the Wellborn Road and Mortier Drive intersection from C-3 Planned Commercial to C-2 Commercial Industrial with the staff recommendations concerning 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. (96-116) 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 of the WolfPen 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. to the. agreement 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 the 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 u~ ll1 Regular Meeting Wednesday, November 20, 1996 Page 7 Agenda Item No 7(d) -- Public hearing and consider rezoning request of 3.5 acres located in the Robert Stevenson Survey on the northeast corner of Wellborn Road and' Monier from C-3 Planned Commercial to C-2 Commercial Industrial 196-117). Senior Planner Sabine McCully presented a staff report on this item. Planning and Zoning Commission recommended approval Mayor Mcllhaney opened the public hearing. Patricia K. Rogers of 1615 Emerald Lake Court in Houston approached the Council to explain the intended use of the property as a pet resort. Mayor Mcllhaney closed the public hearing. Mayor Pro tem Kennady expressed concern about noise level and its impact on surrounding neighborhoods. Discussion was held on the. buffer requirements in this zone and the applicant's willingness to build buffers to ensure noise abatement. Councilman Birdwell moved adoption ofi Ordinance No. 2223 to rezone property from C-3 Planned Commercial to C-2 Commercial Industrial with the condition that the buffer area be developed as is identified in the Research and Development District .and in keeping with condition placed on the Master Plan and original zonings for the Edelweiss Subdivision. Councilman Martin seconded the motion which carried 6-1, Mayor Pro tem Kennady voted against due to the concern of noise. Agenda Item No 7(e) -- Consider terms for entering into a development agreement With Integroup, Inc for participation in the development of infrastructure associated with the development of West Luther/Jones Butler Rd. Jim Callaway presented the history of this item. and recommended $200,000 in oversize participation toward infrastructure improvements in 1997 with TIF fund reimbursements for infrastructure development limited to $50,000 per year for three years or a total participation of no more than $350,000.