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HomeMy WebLinkAboutMinutesShe explained that there was concern about the effect this church would impose on the surrounding commercial tracts. She said that the only potential impact would be in the area of alcohol sales. The only way the C-1 zoned lots would be affected b y this church would be if the front door of the alcoholic beverage permit is within 300 feet of the door of the church. Chairman Massey opened the public hearing. Mr. Fain McDougal, representative of the church, explained that the church was in the process of negotiating a contract on the property, and wanted approval of the use before the land was purchased and the site plan was developed. He said that if the use was approved, the applicant would return to the Commission for site plan approval. He said that there were approximately 600 members in the congregation. Mr. Jim Loveiass, owner of the Exxon Service Station at the corner of Rock Prairie Road and Wellborn Road, told the Commission that he had no problems with the church, except the possible impact it would have on his current business, due to alcohol sales. He said that he contacted the State TABC office regarding his concern and they said that he should not be impacted by this request. He was satisfied with the State's response to his concern but he also wanted assurance .from the City that they would also "grandfather" his business, even if the required distance was increased.. in the future by either the state or city. Ms: McCully explained that under the current ordinance requirements (300 foot distance), lus business exceeded the requirements, which would not impose a problem with this church being built. Assistant City Attorney Nemcik approached the Commission and stated that' if the City's ordinance changed, Mr. Lovelass' business would be "grandfathered" under the State statute. She also said that if he were to sell the business in the future, the new owners would also be "grandfathered" unless the use of the facility changed. She explained that because the State would "grandfather" this business, it would require any City to do so as well. There is a slight chance that the statutory provisions relating to grandfathering could change, however that would be unlikely to happen. Mr. Lovelass said that when he spoke to the State, he was satisfied with their response but wanted something in writing guaranteeing the City would also "grandfather" this business. Chairman Massey told Mr. Lovelass that although we cannot predict every possible scenario, the minutes from this meeting should serve the same purpose of documentation if in the future he needed it. Chairman Massey closed the public hearing. Commissioner Rife moved to approve the use only request as presented.. Commissioner Parker seconded the motion, which passed unopposed (6-0). AGENDA ITEM N0.3: Public hearing and consideration. of rezoning approzimately 42.88 acres located southeast of the intersection of Pebble Creek Parkway and Royal Adelade Drive from A® O Agricultural Open to R-1 Single Family Residential. (99-1Q~): Graduate Engineer Tondre presented the staff report and said .the request was in compliance with.. the Land Use Plan, the approved Pebble Creek Master Plan, and the approved Final Plat for Pebble Creek Phase 7-A. Staff recommended approval of the request. P&Z Minutes March 4, 1999 Page 2 oJ20 Chairman Massey opened the public hearing. Benito Flores-Meath, 901 Val Verde, expressed his interest in seeing this area be rezoned to R-1B to allow for larger lots. His main concern was to protect the interest of surrounding property owners. Commissioner Kaiser moved to recommend approval of the request as presented. Commissioner Garner seconded the motion, which passed unopposed (6-0). The Commissioners explained that they did not have a problem with seeing R-1B zoning on the property, but the Master Plan was reviewed and approved under the R-1 zoning, and they felt comfortable with the R-1 because of the fact that the. lots shown on the Final Plat exceed the requirements. AGENDA ITEM NO. 4: Public .hearing and consideration of rezoning the one acre First Methodist Church tract located in the northeast .quadrant of Tezas Avenue and Holleman Drive, from WPC Wolf Pen Creek. to C-1 General Commercial. (99-101) Director of Development Services Callaway presented the staff' report and stated that last October the City Council rezoned Lot 1 Block 4 from WPC to C-1. At that time the P&Z recommended the City initiate rezoning of the remainder of the.. individual lots along Holleman, west of the future extension of George Bush DnYVe, from. WPC to commercial. This February, the Council rezoned two more lots along Holleman to a commercial classification in line with the above recommendation. Staff recommended approval. Chairman Massey opened the public hearing. Seeing no one present to speak in favor of or in opposition to the request, the public hearing was closed. Commissioner Parker moved to recommend approval of the request. Commissioner Kaiser seconded the motion, which passed unopposed (6-0). AGENDA ITEM NO. 5: Public hearing and consideration of a rezoning of Lot 12, Block T, Iniversity Park, located on the northwest corner of the intersection of University Drive and Spring Loop. (99®107) Senior Planner McCully presented the staff report and explained that this property was originally platted as two four-plex lots to finish out the row of four-plexes along Spring Loop. In the early 1980's it was rezoned to C-N to allow a convenience store, which was approved but never built. As a part of the City-initiated rezonings in 1991, where all of the property in the University Drive Corridor was rezoned to either A-P Administrative. Professional or C-B Business Commercial,. this site was zoned to A-P. She said that the request .was in compliance with the existing and future land use pattern in the area. She explained that any development in this area would have to be reviewed by the Project Review Committee for building colors, signs, etc. Staff recommended approval of the request. Chairman Massey opened the public hearing. ~~ Mr. Fain McDougal, representative of Hartland Bank, explained that the bank was wanting to purchase ', this property, but they are waiting for approval of the rezoning before pursuing this purchase. I~I P&Z Minutes March 4, 1999 Page 3 of °20 ra a ~. Mayor City Council Lynn Mcllhaney Steve Esmond Mayor Pro Tempo[e Ron Silvia David Hickson Swiki Anderson City Manager Larry Mariott George K. Noe Anne Hazen CITY OF COLLEGE STATION MINUTES COLLEGE STATION CITY COUNCIL Regular Meeting Thursday, March 25,1999 at 6:00 p.m. City Hall Council Chambers COITNCILMEMBERS PRESENT: Mayor Protem Hickson, Councilmembers Mariott, Hazen, Anderson, Silvia, Esmond COUNCILMEMBER ABSENT: Mayor McIlhaney STAFF PRESENT: City Manager Noe, City Secretary Hooks, City Attorney Harvey Cargill, Jr., Senior Assistant City Attorney Nemcik, Management Assistant Broussard, Assistant City Secretary Casares, City Planner Kee, Development Services Director Callaway, Senior Planner McCully, City Engineer Mosley ' Mayor Protem Hickson called the meeting to order at 6:00 p.m. He lead the audience in the pledge of allegiance. Rev. Bill Killian of First Baptist Church provided the invocation. Mr. Hickson read five proclamations and presented them to the following individuals: Michelle Henley, National Student Employment Week, April 5-9 Drew Bird for Big Event, March 27 Andrea Poole, National Public Health Week, April 5-11 Tim Brown, Social Work Month Jo Carroll, National Community Development Week, March 29-Apri14 Mr. Hickson also presented Lance Jackson, Lincoln Center Supervisor with a plaque from the Texas Recreation and Parks Society for his meritorious service to the community. Item No. 2 -- Consent Agenda 2.1: Consider minutes for City Council Meetings of March 11, 1999. An amended copy of the minutes was presented to each councilmember. Councilman Esmond clarified that the motion related to the salaries: of appointed officials was intended. to include the. retro dates of February 1, City Of College Station, Texas Providing Customer Service Excellence __ 6. i ~ Council Regular 3/25/99 Page 2 1999 and February 17, 1999 for City Secretary and City Judge, respectively. The workshop minutes were approved by common consent. Discussion was. held on the regular .minutes of March 1 lth on page 5 regarding the Hear Visitors item.. City Secretary Hooks noted that he Mayor requested an additional statement to reflect that the council chambers was not renovated for the purpose of televising council meetings. Mr. Esmond asked that his reply to her comments be added as well. He noted that he did not agree with her comments: Benito Flores-Meath, 901 Val Verde asked the council to add a statement by the Mayor that she advised Mayor Protein ITickson to abstain from the vote regarding Mr. Meath's request fora future agenda item. Councilman Esmond made a motion to defer'action of the regular minutes until the City Secretary , produces a revised version back to Council. Motion seconded by Councilman Mariott which carried unanimously, 6-0. Mayor McIlhaney absent. 2.2: Bid 99-39 Approved by common consent thepurchase of one substation 139kVSF6 circuit breaker in the amount of $51,560> Awarded to Alstom USA, Inc. as lowest responsible bidder meeting specifications. Funds available in Electric Revenue Bond Fund, Capital Outlay,'Electric Projects. 2.3: Bid 99-45 Approved by common consent the contract for roofing improvements at the Utility Service Center, .Dowling Road Pump Station and the Police/Municipal Court Building. in the amount of $66,544. Awarded to Jaco Construction as lowest, responsible bidder meeting specifications. Funds available and budgeted in General Fund, Facilities Maintenance. 2.4: Bid 99-54 Approved by common consent the construction of College Statiom Business Center, Phase 2B in the amount of $628, 513.75. Awarded to Texcon as lowest, responsible bidder meeting specifications. Funds available in Business Park Fund... 2.5: Bid 99-57 Approved by common consent the annual bid for traffic striping and painting in the amount of $127,401.90. Funds available and budgeted in General Fund, Public Works Dept. .Streets Maintenance. 2.6: Bid 99-58 Approved by common. consent the annual bid for construction of Anderson. Street Rehabilitation in the amount of $474,116.10. Awarded to Young Contractors as lowest, responsible bidder meeting specifications. Funds available in Capital Projects, 1995 General Obligation Bonds. Council Regular 3/25/99 Page 3 2.7: Bid 99-59 Approved by common consent the annual bid for street signs and posts in the amount of $64,1.01.28. Awarded to Vulcan Signs as lowest,. responsible bidder meeting specifications. Funds available in General Fund, Public Works Dept. 2.8: Bid 99-62 Approved by common consent the purchase of stacking chairs for Conference Center in the amount of $18,500. Awarded to Shelby Williams as lowest, responsible bidder meeting. specifications. Funds available in General Fund, Special Facilities. 2.9: Approved by common consent the resolution for the City of College Station to accept a right-of--way easement for three phase electrical service to TAMU Service Center. 2.10: Approved an interlocal agreement with Brazos County for an auction of surplus/obsolete equipment on May 22,.1999. 2.11: Approved ratification of emergency purchase of repairs for landfill. barrier. wall in accordance with LGC 252.022(a)(2), a procurement. necessary to preserve the public health or safety of the municipality's residents. `Estimated expenditure to Terra Constructors in the amount of $18,500, Funds available in Brazos Valley Solid.Waste Management Agency Fund, Landfill Operations. 2.12: Approved interlocal agreement between the City of College Station and TAMU for installation of a traffic signal at the intersection of George Bush Drive and Olsen Boulevard. 2.13: Consider resolution authorizing publication of notice of intention to issue certificates of obligation in an amount not to exceed $850,000. The city shall issue $850,000 in certificates of deposit to pay for the extension of George Bush East from its current termination south of Harvey Road to an intersection with Holleman and including a bridge over Wolf Pen Creek. Benito. Flores-Meath, 901 Val Verde noted that the packet did not reflect a permit issued for the bridge to be constructed across Wolf Pen. Creek. He wanted to ensure that all permits are properly. handled.. City Manager Noe responded that this item related to he issuance of financing for the project and does not relate to permits and engineering design for the project. Mr. Noe will convey his comments along to the consultant on the project. Councilman Mariott made a motion to approve the resolution as presented. Motion seconded by Councilman Silvia which carved unanimously, 6-0, Mayor McIlhaney absent. 2.14: Approved by common consent the .resolution consenting to the formation of Brazos County Rural Fire Prevention District No. 3 in the unincorporated areas of Commissioner Sims Precinct No. 3 in Brazos County, Texas, encompassing the City of College Station's extraterritorial jurisdiction. 2.15: Approved by common consent the resolution appointing judges`to serve in theMay 1, 1999 election. Item No. 3 -- Regular Agenda Z 1. U.^hl3n hoorino rl.~nu~~inn 9nrl nnec:hln ~rtinn nn ra~nnina nne acre First ~cated in the northeast quadrant from WPC to C-1' Commercial. 99-101 Development Services Director Jim' Callaway described the subject tract.. Staff and Planning and Zoning Commission recommended approval. Mayor Protein Hickson opened the public hearing. No one spoke. He closed the public hearing. Councilman Silvia made a motionto approve Ordinance No. 2374 rezoning one acre First . Methodist Church tract located in the northeast .quadrant of Texas and Holleman, from Wolf Pen Creek to C-1 General Commercial. Motion carried unanimously, 6-0, Mayor McIlhaney absent. Development Services Director Tim Callaway explained the request. The proposed rezoning complies with the Land Use Plan, the approved Pebble Creek Master Plan, and approval final plat for Pebble Creek Phase 7A. Staff and Planning,and Zoning Commission recommended approval. Mayor Protein Hickson opened the: public hearing. Benito Flores-Meath, 901 Val Verde expressed an interest in rezoning the property as R-1B to allow for larger lots. He requested council submit this request back to the P&Z with prejudice for an R-1B Dennis Maloney, representing the Planning and Zoning Commission addressed this issue. He noted that the P&Z also discussed this issue. The lots are one quarter of an acre in size and the deed restrictions;preclude smaller lots. Additionally, the R-1B zone did not exist when the master plan was submitted. However, P&Z favors R-1B and in this case, it is a mute point, because the lots are already 10,000 sq. ft. lots. Mr. Meath came' forward to encourage the Councilto consider R-1B. Mayor Protein Hickson closed the public hearing. Council Regular 3/25/99 Page 5 Councilman Silvia made a motion to approve Ordinance No. 2375 rezoning 42.88 acres located southeast of the. intersection of Pebble Creek Parkway and Royal Adelade Drive from A-O Agricultural Open to R-1 Single Family Residential. Motion seconded by Councilman Hazen. Mr. Silvia stated that the Council should consider R-1B in future developments. Councilman Esmond supported the motion. He encouraged council to consider R-1B zone for future developments. Councilman Silvia and Anderson expressed similar comments. Mayor Protem Hickson pointed out that developed land is expensive and the council should be aware that there are individuals who cannot afford a $150,000 home. This would preclude first time homebuyers. He hoped the council. would not take that approach. However, R-1B is preferable subject to the subdivision or area to be developed. Councilman Esmond stated that he did not intend to eliminate R-1 and added that future plans should reflect R-1B if it meets the criteria. Mayor Protem Hickson agreed. Gity Manager Noe indicated a concern on behalf of the developer because the developer may not be at a point where he plan reflects the lot size, etc. He suggested council have future discussions with the Planning and Zoning Commissioners on council's philosophy and approach toward residential zones. The vote was taken and motion carved 5-1. FOR: Hickson, Hazen, Silvia, Esmond, Anderson ABSTAIN: Mariott 3.3: Public hearing, discussion and possible action on rezoning 7 2 acres located aaurogimately 290 feet west of FM 2818, south of F&B Road from R 1. Single Family to C-2 Commercial Industrial. 99-105. Veronica Morgan explained the request. The applicant, James Jett,. Trustee for Mary Feltner Futrell, property owner has requested rezoning of the subject property to C-2 zoning district which is a commercial industrial district. The request is in general compliance with the city's land use plan. It does not, however, comply with the land use. adjacency issues. She presented pictures of the tract and surrounding properties. Ms. Morgan explained several concerns with the area's infrastructure. It is not. adequate to support development that might following with the request. There is not City sanitary sewer available to this tract and water is not available for domestic uses. Another concern is the substandard condition of F&B Road which would provide access to the property. The road is not adequate for commerciaUindustrial traffic. Staff recommended denial of the request for C-2 zoning until F&B Road has adequate capacity to handle the traffic volume and until the utility concerns are addressed. Residents in the area spoke against the rezoning at the P&Z hearing. Council Regular 3/25/99 Page 6 Planning and Zoning Commission recommended denial without prejudice in order to allow the applicant to work with area residents to reach a compromise. Dennis Maloney, Planning and Zoning Commissioner expressed concern about he requested zoning in effect at this time due to the uncertainty of future plans by the City of Bryan and College Station.. Mayor Protem Hickson opened the public hearing. Patricia Jones, 3'817 F&B Road indicated that she has lived at this property for 26 years and she is adjacent to the subject"property. She noted that the area lost its identity as a single family neighborhood when a trailer park was built. She noted that this is a semi commercial area. 'She wanted to see more restrictions placed on the zone and prefers apartments or hotels: due to the aesthetics of the area. Another concern related to a portion of F&B' Road maintained by the City. Dorothy Sens, 3905 F&B Road stated the subject property would have access from F&B Road unless the'properties are combined with Mr. Toler and hen the access would be FM 2818. She noted that her perception of the area is residential. She opposed industrial and was opposed to the numerous types of services that could be located in this zone. She hoped that. the residents would be considered when development .occurs. Applicant Jim Jett, 1206 King Arthur Circle, .ensured the Council that the proposed: overnight delivery service company (RPS) planned for this subject tract has decided to expand their business in Bryan. He presented pictures of Ms. Sens' trailer park. Mr. Jett indicated that the owner.. would accept`a C-1 zone due to the absence of the proposed use. .Benito Flores-Meath, 9Ol Val Verde noted that the carrier trucks will .cause noise disturbance in the neighborhood..He encouraged C-1 as an appropriate zone and emphasized that the city should provide city services in this area. Dorothy Sens pointed out that the points. she made earlier are factual. She urged council to delay any action on this rezoning request. Mayor Protein Hickson. closed the public hearing. Councilman Hazen stated that she agrees with the applicant's new request for a G1 zoning district. She opposed access from F&B Road to the subject property: She would like to see the two tracts_adjoin with access from FM 2818. Councilman Hazen made a motion to defer consideration of this item and .return the rezoning request to Planning and Zoning Commission for consideration of a C-1 zone.. Motion. seconded by Councilman Silvia which carried unanimously, 6-0: Mayor McIlhaney absent. Council Regular 3/25/99 Page 7 3.4: Public hearing, discussion and possible .action on rezoning approximately 5 8 acres located the west side of SH 6, approximately 700 ft south of Graham Road from R-6 Apartment/High Density to C-1 General Commercial 99-106 Senior Planner Sabine McCully explained the master development plan. Staff and Planning and Zoning Commission recommended approval with three conditions: • A vegetative buffer meet R&D requirements on the proposed C-1 property along the western boundary. • The overall height of the buildings in the C-1 development not exceed 35 ft. • The zoning not be effective until aneast-west minor collector is either installed or guaranteed. Mayor Protem Hickson opened the public hearing. Mike Hester, 2900 Brothers Blvd. representing the applicant came forward to answer questions. Mayor Protem Hickson closed the public hearing. Councilman Mariott made a motion to approve Ordinance No. 2376 rezoning a 5.8 acre tract a portion of the Robert Stephenson League Abstract No. 54, in College Station, Brazos County, Texas from R-6 Apartment Medium Density to C-1 General Commercial with staff recommendations as outlined above.. Motion seconded by Councilman Silvia which carried unanimously, 6-0. Mayor McIlhaney absent. 3.5: Appointment to the Brazos County Emergency 911 District Board of Managers Councilman. Hazen made a motion to appoint Police Chief Ed Feldman to replace Bill Fox. Motion seconded by Councilman Mariott which carved unanimously, 6-0. Mayor McIlhaney absent. Item No. 4 -- Hear Visitors Benito Flores-Meath, 901 Val Verde came forward to acknowledge receipt of a letter from the City Attorney relating to Mr. Meath's ethics complaint against Mr. Hickson. Mr. Meath extended his complaint to include the City Attorney. In Mr. Meath's opinion, Mr. Cargill allowed the Council to make "illegal" votes in connection with. Mr. Meath's request for an ethics investigation of councilmembers. He asked council to investigate this matter. Mr. Meath. also made an open records request for records relating to .abstention of votes. by councilmembers and planning and zoning commissioners in the past two years. Council Regular 3/25/99 Page. 8 Andrew Howard, 3007 Adrienne. reported on several campus events that, occurred this week. The Mayor spoke to the Student Senate and inspired the group to start a voter registration drive. 37 students were deputized. as voter registrars. Councilman Silvia made a motion to adjourn. Seconded by Councilman Mariott. Hearing no objection,. Mayor Protein Hickson adjourned the meeting at 7:55 p.m. PASSED AND. APPROVED this 8th day of April, 1999. APPROVED: ~u- Mayo Lynn McIlhaney TEST: City Secretary. CoYnie Hooks