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HomeMy WebLinkAboutMinutesGa lip Commissioner Floyd stated that to the north the proposed R-5 is narrower than the R-1 was, and asked if the road had been narrowed on both sides. He then showed Transportati®n Planner Hard where it originally connected -and where. it connects now, and asked if the distance was the same or if it had narrowed. Planner Hard stated that it had narrowed Chairman Rife then called for a motion Commissioner Parker moved for denial of the C-2, R-5 request,. Commissioner warren seconded. Commissioner Parker asked staff if there was a motion to deny, if the Commission could offer another motion and staff confirmed. Motion carried 7-0. Commissioner_Horlen moved to re-zone the area that was originally C-1 and R-5 to C-1 per staff recommendation, and the area identified as R-1, the 4.32-acre tract be rezoned to R-2. Commissioner...Warren seconded the motion. Commissioner Parker stated that the PDD-H zoning gives an .alternative to allow the applicant to come forward at a later date and accomplishes a move forward. Corrimissi®ner Floyd noted that he did not 'understand the alignment issue. Should that change, what impact would that have on the surrounding. area. .Commissioner Parker explained that the alignment issue had not been denied and that the front portion of the property will come back to the Commission at a later date. Chairman Rife. called for the vote, which was approved 7-0. AGENDA ITEM NO. 7: A public hearing and consideration of a rezoning for the property located at 2000 FM 158;. the northwest corner of FM 158 and Stafe Highway 30, frorr- A~ Agricultural-Open to C-1 General Commercial. (99-116) Senior Planner McCully presented the staff report. The applicant is preparing this property far the development of a convenience store and service station. The site is located on the northwest comer of Highway 30 and FM 158. Highway 30 forms the easternmost boundary of the city limits. The. property on the ...other side of FM 15.8 is in Bryan's extra-territorial jurisdiction. (ETJ) and- is currently being considered for annexation into the Bryan City lirruts. That area, because it is not within the City of College Station's extra-territorial jurisdiction, would never be a part of the City of College Station, and this properly would be the easternmost boundary. The land use plan shows the entire area between Highways 30, 60 and FM 158 to the former TI (Texas Instruments) property to be zoned as Rurala Density Single Family; That land use plan designation,. as well as the A-O zoning in this area that is considered an l,interim classification, which basically allows agricultural as well as rural residential uses in areas set aside' for:future growth of the city. As such, the land use plan has not been refined for. this area of College Station. In previous discussions with the .city planner of Bryan, when the area across FM 158 comes into the city limits they will, upon annexation, more than likely place the' ame or similar designation as the City of College Station has, which is an interim classification, and will be a candidate for future discussion as to a more refined land use plan. When 'the City receives a request that is P&Z Minutes June 3, 1999 Page 10 0f 1 S contrary to the land use plan, there are several things that we look at. One is whether there has been a change in the character of the area that would justify the requested zoning as opposed to a zoning that would comply with the land use plan. In this case, the Commission may wish to consider that we have had some development pressures that could qualify. We also found out at a previous rezoning that .FM 158 is going to be widened, and also the fact that Bryan development is pushing towards this area. We also look for a compliance with the City's Comprehensive Plan, specifically the development policy. As we discussed in a previous case tonight, our policy would support commercial zoning at intersections of major roadways. Therefore: staff recognizes that some. type of commercial development be at this corner. The development policies also call for College Station to protect its gateways into the city. The comdor along. FM 158 has not been studied nor is there an overlay district on it at this time, although the city feels that this corridor would be a good candidate ,for the study because there have been discussions for other gateways into the city.. Staff wants to assure that any changes in zoning that occur .before .the Commission, before those studies take place, would be less likely to interfere. with future plans for the corridor. Saff therefore recommends that, for the time being, the .Commission recommend to the Council a C-B classification as opposed to the C-1 classification. C-1 zoning., allows more uses than... the C-B zoning, and could include uses such as mobile home sales, .night clubs ;with a conditional use..... permit, and possibly.. sexually oriented businesses. C-B zoning has a narrower' .list of permitted uses and would require a conditional use permit. Although this zoning did not' originally permit convenience stores or service stations at all, it has since been '..amended. There is now a conditional: use process for convenience stores and service stations so that should'. this use `come to fruition, if would come back before the commission. for final approval. Therefore, ,staff recommends denial of the C-1' zoning and approval of the C-B .zoning with the conditions that the height restrictions be those of R-l zoning (two-and-one-half stories or 35 feet), as it is stilt likely that those praperties immediately to the north and west may develop as single family residential, and that there be a buffer easement along those property lines. Chairman Kaiser explained to the new Commissioners a previous rezoning request and asked staff to confirm whether or not they had been able to further study this area. He suggested that staff recommend to Council a more detailed study of this area. City Planner Kee stated 'that the City is currently in the budget review process and ' is requesting more staff so that such a study.. may be conducted at a later date but that, as of now, that was not possible. Commissioner Kaiser then asked planner Kee if there were any plans for a development moratorium for this area and planner Kee replied that the Commission could recommend that to council, .although there are not any in the works at this time. Commissioner Floyd asked for further definition of the buffer. Senior Planner McCully stated that the buffer would-have to be a 6 faot wood fence. She stated that the Commission could refine that, although staff would recommend no more than a 20®foot buffer with foliage included. Chairman Rife asked Transportation Planner Hard the status of the FM 158 widening. project was, to which 1VIr. Hard replied that he did not.. Chairman Rife then asked how far that would extend, and Pvlr. Hard stated that it would be a Texas Department of Transportation project. Bill Davis, 1219 Boswell St., did a presentation on this project and stated that they are finishing the Bryan phase of Briarcrest and FM 158. When that phase is complete, it will extend from Briarcrest to Highway 30 and should begin in the fall of 2000, where it will end Chairman Rife opened the public hearing. PAZ Minutes June 3, 1999 Page 11 of 1 S Gordon Pate, 4739- Tiffany Park Circle, Bryan, Texas, and an employee of Online Realty, represents Mrs. i,eonard 1vicDonald, property owner in that area for the past 45 years, He stated that his company does have that property under contract and believed the C-1 zoning would be beneficial to her financially. John Szabuniewicz, 1004 Shady Drive, stated that he would like he Commission to support the rezoning as far as the site and traffic pattern. Chairman Rife closed the public hearing. Commissioner Parker moved to deny the C-1 zoning.. Commissioner Kaiser seconded the motion, Motion to deny carried 7-0. Commissioner Parker made a second request to approve the C-B zoning with staff recommendations. Commissioner Mooney seconded the motion, which passed 6-1 with Commissioner Kaiser opposed. Commissioner Kaiser explained that his opposition was not necessarily that the zoning was inappropriate, but that he believed that until Council could be convinced that this area needed further study, the entire tract would be piecemealed. Commissioners Floyd and Parker agreed, but Commissioner Parker further explained that he did not deem the use inappropriate. Agenda Item lY®. 8: Public hearing and cansideration ®f a Master Preliminary Plat for 29.92 acres for Lake Placid. East in the ETJ (Ezra-Territorial Jurisdicti®n) of ' he City of College Station, south of Bird Pond Road. - (99-306) Graduate Civil Engineer Tondre presented the stag' report. The project is located southwest corner of Bird Pond road and Carter's Creek....... The applicant is proposing to divide the property into__four tracts. Phase one will .consist of three lots on the western portion of the property. The remainder of the tract will be designated as a reserve tract and consists of 24 acres. The land use plan for this area shows the area to be low-density single family development with an average. density of/z to 2 dwelling units per acre, which is the lowest res°tdentiaJ[-land use shown on the plan. The proposed subdivisit~n s~irst phase has a proposed lot size of 1.65' acres and the overall plan is in compliance with the land use plan. There will be a 30-foot right-of-way dedication along Bird Pond Road, .which is shown on the land use plan as minor arterial. Water will be provided for the subdivision from Wellborn special utility district. ®n-site septic will be permitted through the Brazos Health Department. There are approximately 16.7 acres of floodplan that is on the reserve tract of this area, but will not be in the first phase.. The City did receive one question from a neighbor regarding information for this. Staff recomrxiends approval Chairman Rife opened the public hearing. David Mayo, 2167 Post Oak Circle, is the. land surveyor who prepared this and the representative for the owner of the property. Mr. Mayo explained that the purpose. of this plat is to plat one whole side for a person who wants to build on that property. The lot for Mrs. Chenault's house is on t}vs property, and she owns the remainder of the 24 acres plus quite a bit of the tract back by Lake Placid. There are currently quite a few homes back there and they cross the dam and private roads. through all of these areas. To the southwest of this tract there are some rent houses, and the person who presently wants to build on this tract currently lives in one of those houses and .lives on-site. Most of the property PdcZll~linutes June 3, 1999 Page IZ ®f 13 I' Council Meetings 6/24/99 Page 6 Mayor McIlhaney opened the public hearing. No one spoke. She closed the public hearing, Councilman Massey made a motion to approve Ordinance No. 2397 rezoning Woodcreek Section from PtJD #2 to R-1B and a final plat. for Wo®dcreek Section with a variance to the street right of way width. Motion seconded by Councilman Silvia which carried unanimously, 7-0. Agenda Item No 13 2 -- Public hearing, discussion and possible action on rezoning for Pebble Hills Estates Phase III of approximately 25 acres from C-1, R-5, and R-1. o C-2 and 4 3 acres from R-1 to R 5 (99-26) Applicants, Jerrv Windham and Frank Thurmond. Jim Callaway explained this request. The proposed use for the. site is the location of a new. district office for the Texas Department of Transportation. He noted that he staff and Planning and Zoning Commission felt that a C-1 zone was more appropriatefor this location. Mayor McIlhaney opened the public hearing. No one spoke. She closed the public hearing. Councilman Massey made a motion to approve Ordinance No. 2398 to rezone approximately two parcels of land totaling 29.3 acres; 25 acres from C-1, R-5 and R~1 to C-1 and 4.3 acres from R-1 to R-2 in the Pebble Hills Estates Subdivision, Phase Three, College Station, Texas, Brazos County9' Texas. Motion seconded by Councilman Maloney which carried unanimously,... 7-0, enior Planner_Sabine McCully explained the item. Mayor McIlhaney opened the. public hearing. No .one spoke. She closed the public hearing. Councilman Maloney made a motion to approve Ordinance No. 2399 rezoning a tract of land totaling 3.03 acres, lying and being situated in the J.W. Scott League, A-49, and Maria Keegans League, A-28; and being out of the 37 acres tract of land conveyed to Lee Ross Batson, et ux, by Raymond Jones, Receiver, and out of the Bethel Missionary Baptist Church tract of land in Brazos County, Texas. This tract shall be rezoned from A-O Agricultural Open to C-B Commercial Business with the condition that height be restricted to R-1 and with the condition that there be a buffer easement along the western and northern,property lines that meet R&D requirements... Motion seconded by Councilman Silvia which carved unanimously, 7-0. Agenda Item No 13 4 -- Public hearing ,discussion, and possible action on an ordinance amending'the City of CS 1998-99 Bud>et by $2,862,579 in various funds, and amending the Brazos Vatley Solid Waste Management Agencv 1998-99 Budget by $2,500,000. ~R,<<~ ~t~,.~tk i33 ^X Regular Item Consent Item Workshop Item ~~ ~~ ~~ ~ a3aq ~~i f~a 1, J.. Item Submitted By: Sabine McCully, Senior Planner Council Meeting Date: June 24, 1999 Director Approval: Jim C~away, Director of Development Services City Manager Approval: Item: Public hearing, discussion, and possible action on a rezoning for the property located at-2000 FM 158, the northwest corner of FM 158 and State Highway 30, from A- O Agricultural Open to C-1 General Commmercial. (99-116) The applicant is Mrs. Leonard McDonald. Item Summary: The Land Use Plan shows the entire area bound by Highway 30, Highway 158, Highway 60, and the .former TI property as Rural Density Residential. Recent rezoning discussions for property in this area of the City have revealed changes in the area that are pending in the near future, including a proposed medical office/residential subdivision in Bryan north of Highway 60 and a TxDOT widening project for Highway 158. Zoning practices. would support varying from the Land Use Plan when changes. have occurred in the area and the requested land uses would be compatible with the changing character of the area. The subject property is located at the immediate intersection of Highway 158, and Highway 30, both of .which. are considered major arterials. The City's development policies embodied in the Comprehensive Plan support commercial land uses located at intersections of major roadways. Highways 158 and 60 are the boundary .between. the Bryan and College Station Extra- territorial Jurisdictions (ETJ's). As such, the City of Bryan may annex property north of Highway '60 and east of Highway 158.. Due. to the fact that these. areas are within Bryan's and not College Station's ETJ, College Station cannot grow into them. The area to the east of 158 will either remain in Bryan's ETJ or be annexed into Bryan's :city limits, 'TThat area is currently included in Bryan's annexation plans. Bryan does not have a proposed land use plan for this area yet. If the east side of .158 between Highways 60 and 30 becomes annexed, then it will be placed in an interim zoning and land use classification until the City of Bryan conducts a land use study to refine the ultimate land uses. Similarly, the City of College Station has yet to refine its Land Use Plan relative to the area currently shown as rural density residential. The area is largely undeveloped and therefore the utilities are inadequate to most of the tracts, including the subject tract. It is likely that most of the strip between highways 60 and 30 will develop as some type of commercial, commercial/industrial, or light industrial. Highway 158 provides and entrance into both College Station and Bryan, and may therefore be a candidate for special. land use classifications with perhaps an overlay district to promote an aesthetically pleasing corridor. Such efforts would need to be coordinated with the City of Bryan in order to be most effective. At this time, staff is reluctant to recommend approval of an intense commercial district that has a broad range of potential uses that may or may not _ fit with the future development of the corridor, such as mobile home sales, storage, warehousing, and even nightclubs and sexually oriented enterprisese Further, the requested C-1 district does not limit outside storage or display of merchandise, nor does it include height limits or buffer requirements,. The. area to the north and west of the subject property could still develop as residential in the future.. The C-B zoning .district with adequate buffering and height restrictions would be preferable to the' C-1 in this area because it would limit the potential land uses to-.ones that are less likely to negatively effect future plans for the corridor, and because it would provide a higher level of protection to potential future residential areas. Item Background: The subject. property carne into the City's. Extra-territorial Jurisdiction in 1979, at which time it .became subject to compliance with the, City's Subdivision Regulations. It is undetermined at this time whether the property existed in its current configuration prior to 1979. ' In order for the property to be exempt from meeting subdivision requirements, evidence of its boundaries prior to its presence in the ETJ must be submitted and verified by staff, The property was annexed into the City limits in 1980 and has been zoned A-O since that time. Budgetary & Financial Summary; Oversize participation requests are likely to be requested if the property isrequired to plat. The City's Subdivision Regulations require public water and sewer extensions to and through properties and that they be sized such that future development can tie on to the lineso Staff Recommendations:. Staff recommends denial of the C~1 and approval of a C-B with the condition that height be restricted to the R-1 height restriction and with the condition -that there be a buffer easement along the western and northern property lines that meets R&D requirements, Related Advisory Board Recommendations: The Planning and Zoning Commission recommended denial of the C-1 and approval of the C-B with staff recommended conditions by unanimous votes. 9 Council Action Options: 1. Approval of rezoning as submitted, 2. Approval with physical conditions that will mitigate negative impacts, 3. Approve a less intense zoning classification if recommended by P&Z. 4. Denial, 5. Table indefinitely, 6. Defer action to a specified date. Supporting Materials: 1. Infrastructure and Facilities. 2. Ordinance draft. 3. Location Nlap. 4, Draft P&Z Minutes. ~ ' f INFRASTRUCTURE ANID FACII.,TTIES Water: Water is available to the property ,by way of a 12" line in Highway 30. Upon platting, this line will need to extend along the 158 frontage. Sewer: Sewer is available to the. property by way of a 6" line across Highway 30 that will need to be brought under 30 upon development of the. property, Sewer will may to be extended across the Highway 158 frontage upon platting. Streets: Highways 30 and 158, both major arterials, will provide access to the property. The site has 210' of frontage along 158 and 630' of fxontage along 30. Off-site Easements: N/A Drainage: Compliance with the City's Drainage Ordinance will be required at the time of site plan. Flood Plain: None Oversize request: See Budgetary and Financial Summary Section. Impact Fees: None in this area NOTIFICATION: Legal Notice Publication(s): The Eagle; 5-5-99 and 6-9-99 Advertised Commission hearing I)ates(s): 6-3-99 Advertised Council l=Tearing Dates: 6-24-99 Number of Notices Mailed to Property Owners Within 200': 8 Response Received: None as of date of staff report