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HomeMy WebLinkAboutMinutesCommissioner Parker moved to approve the Preliminary Plat with the condition that there would be no access from Texas Avenue for Lot 1 and no access for Lot 2 from Holleman. Commissioner Floyd seconded the motion, which passed unopposed (6-0). Commissioners Kaiser and Floyd felt concern for safety at the Holleman and Texas Avenue intersection. Mr. Floyd expressed his desire for the developer to look at more creative ways to reduce the number of curb cuts. Acting Chairman Mooney felt the same safety concerns at the intersection of Texas and Holleman. He felt that adding another major shopping center at the same intersection could cause traffic impacts. Commissioner Warren expressed her gratitude that all Commissioners were looking at the long-term effects and making decisions as early as possible in the platting process. AGENDA ITEM NO. 4: Consideration of a Preliminary Plat of 17.793 acres for the Dawn's Meadows Subdivision located in the ETJ of the City of College Station at the southwest corner of the intersection of State Highway 30 and Roan's Chapel Road. (99-308) Graduate Engineer Tondre presented the staff report and explained that the applicant is proposing to divide the property into 8 lots. A house currently exists on the proposed Lot 2, and a metal building (volunteer fire station) exists on Lot 3. Lots 1, 2, and 3 will take access off of State Highway 30, and Lots 4 - 8 will take access off of Roan's Chapel Road. The area is not included in the city's Land Use Plan. The average lot size is 2.09 acres with the smallest lot being 1.188 acres, (which is the volunteer fire station lot). The Thoroughfare Plan does not show any thoroughfares crossing the subject tract. Thirty-five feet additional right-of-way will be dedicated for Roan's Chapel Road. Staff received several calls from concerned residents in the area regarding the types of uses proposed for the subdivision. Mr. Tondre reminded the Commission that the City cannot limit land uses in subdivisions located in the E.T.J. Wixon Water Supply Corporation will provide water. The lots will have private septic systems that will have to meet county and state regulations. Staff recommended approval of the Preliminary Plat as submitted. Commissioner Kaiser moved to approve the Preliminary Plat as submitted. Commissioner Parker seconded the motion, which passed unopposed 6-0. AGENDA ITEM NO. S: Consideration of a Preliminary Plat of approximately 25.57 acres, Lot 1, Block 1, Phase Three, Pebble Hills Estates Subdivision located on the east side of State Highway 6 approximately 1500 feet north of Greens Prairie Road. (99- Director of Development Services Callaway presented the staff report and explained that the Preliminary Plat was out of the Pebble Hills Estates Master Development Plan and -is zoned C-1 General Commercial. The plat is in compliance with the commercial zoning district recently established on the tract. The plat includes a request for a variance to Section 8-E of the Subdivision Regulations. This section states: 8-E Reserved Strips Prohibited There shall be no reserved strips controlling access to land dedicated or intended to be dedicated to the public. P&ZMInutes July 1S, 1999 Page 4 of 12 The plat as submitted has a five-foot wide offset between the right-of-way of Thurmond Drive and the adjacent property to the south. This offset or strip is intended to control access. The developer's goal is to recover development cost associated with the street being offset to meet the needs of the proposed user of the property. Mr. Callaway explained that in order for the variance to be granted, the Commission must find the following (as outlined in the Section 5 of the Subdivision Regulations): a. That there are special circumstances or conditions affecting the land involved such that strict application of the provisions of this chapter will deprive the applicant of the reasonable use of his land; b. That the variance is necessary for the preservation and enjoyment of a substantial property right of the applicant; C. That the granting of the variance will not be detrimental to the public health, safety, or welfare, or injurious to other property in the area; and d. That the granting of the variance will not have the effect of preventing the orderly subdivision of other land in the area in accordance with the provisions of this chapter. The ordinance also gives the Commission specific areas to be taken into consideration while making the findings. These are to take into account the nature of the proposed use of the land involved, the existing use of land in the vicinity, the number of persons who will reside or work in the proposed subdivision, the possibility that a nuisance will be created, and the probable effect of such variance upon traffic conditions and upon public health, convenience, and welfare of the vicinity. Variances may be granted only when in harmony with the general purpose and intent of the section of the Subdivision Regulations so that public health, safety, and welfare may be secured and substantial justice done. He said that this is the proposed site for the location of the Texas Department of Transportation District Office. Since the proposed use is a factor in determining the whether the variance should be granted or not, he recommended that the Commission consider granting the variance since it was not proposed as a more standard commercial type develop. He also recommended approval of the Preliminary Plat. Commissioner Kaiser asked if there were any fiscal impacts to the City from this development. Mr. Callaway said that the cost recovery would be private and there will be no cost to the City, with or without a variance. If recovery occurs, there is no guarantee that the development of adjacent properties would want or need to use the street. Lakeway would go to Greens Prairie Road, which will provide access. Commissioner Kaiser asked if staff would recommend denial of the variance if the proposed use were to be something other than the Texas Department of Transportation facility. Mr. Callaway explained that during the first review of the plat he would have recommended denial of the variance for any other type of use, but after further review he did not think he would be opposed to the variance. The size of the TxDot facility was the main reason for supporting the variance. He explained that there was extensive amount of work between the City and the Developer, and the Developer and TxDot to find alternatives to requesting. the variance. It was staffs understanding from the Developer, that if TxDot determined that they could no longer pursue the property, the developer would have withdrawn this plat. Commissioner Parker asked if a conditional variance could be granted. Assistant City Attorney Nemcik said that there were provisions in the ordinance that would allow conditions on the variance, and a conditional variance cannot be granted. Once the variance is granted it is considered permanent and P&Zllnutes July 15, 1999 Page 5 of 12 stays with the property. Physical limitations or conditions can be placed on the variance but the variance itself cannot be conditioned. Commissioner Kaiser asked Mr. Callaway if staffs recommendation to approve the variance was found with consideration of the four factors that determine compliance (as stated in Section 5 in the Subdivision Regulations). Mr. Callaway said that staff did take into consideration the four factors to determine that the variance could be allowed, but this is only a recommendation by staff the Commission would have to make the final determination. Mr. Frank Thurmond, applicant/owner (301 Glen Eagles, Bryan), explained that it took almost a year for TxDot's attorney and his attorney to agree on a contract for TxDot to purchase the property. In order to give TxDot the amount of acreage they desired they would have to develop a street on the side of the property opposed to the middle of the property. This was discussed with the adjoining property owner and they arranged a verbal offer to purchase the adjoining property but could not do a contract because they did not have a contract with TxDot at the time, and he was not sure if the deal with TxDot would be completed. When the contract between TxDot and Mr. Thurmond was executed, the adjoining property was no longer available. He asked the potential purchasers if they would participate in the pro-rata cost for the street. They would never commit contributing because they did not feel they would need the street. The agreement with him and TxDot was for the developer to plat the property, develop it and put the street in, with the hopes that in the future the buyers of the adjacent property would be more inclined to use the street and help recover the cost. He assured the Commission that if TxDot were to pull out, the street would definitely be located in the middle of the property. He said that he would be willing to give the City a letter stating that if TxDot decides not to purchase the property, he would request withdrawal of the plat and forfeit the variance. Acting Chairman Mooney asked if Mr. Thurmond's comment regarding the letter would be a feasible alternative (about forfeiting the variance should TxDot not purchase the property). Mr. Callaway felt that there was not a way to include that as a "condition" on the variance with a guarantee that it would be enforceable. If the variance is granted, and TxDot does not purchase the property, there is no way the City could request the street to be moved. Commissioner Floyd asked if the Commission could restrict access to the frontage road. Mr. Callaway responded that access could be restricted within the provisions of the Driveway Ordinance. Ms. Marianne Creagor, 300 Creagor Lane, the owner of the property adjacent to the request. She explained that she gave the City an easement so Mr. Thurmond could get sewer to the subdivision. Mr. Thurmond wanted to buy a narrow strip of her land for this subdivision, but this strip was her private drive to her home. He said that he initially said he wanted the strip of land for the street, but she later found out that he wanted to purchase this property for commercial tracts to sell to help recover his cost of the street. She said that she does not want commercial buildings near her home. She asked the Commission to deny the variance request. She felt this would have an adverse effect on her property. She would have to use his new street if developed because she would no longer have the private drive to her home, and there is no access currently to Lakeway Drive. She said that she had no objections to TxDot locating adjacent to her, but does not want.to see commercial strips developed. Commissioner Horlen moved to approve the Preliminary Plat as submitted, but deny the variance. Commissioner Warren seconded the motion, which passed 5-1; Commissioner Floyd voted in opposition. P&Z1Inutes July 15, 1999 Page 6 of 12 Commissioner Mooney moved to approve the Final Plat (Replat) with the condition as stated by Staff. Commissioner Horlen seconded the motion, which passed unopposed 6-0. AGENDA ITEM NO. 8: Consideration of a Preliminary Plat of approximately 56.02 acres, Pebble Hills Estates Phase 1 & 2 Subdivision located on the north side of Greens Prairie Road approximately 1400 feet east of State Highway 6. (99-316) Acting Assistant City Engineer Tondre presented the staff report and explained that the Preliminary Plat was previously approved by the Commission on September 19, 1996. However, the project could not move forward due to the lack of sewer availability. The previously approved preliminary plat expired after 18 months. The Spring Creek Impact Fee Sewer Trunk line was completed approximately 3 months ago. A modification to the previously approved preliminary plat is that there is an additional phase added, which will be called 2-B. The Land Use Plan shows the area as medium density single family with a density range of 3 to 6 dwelling units per acre. The plan is for 111 single- family lots to be developed over 2 phases. The gross density will be 1.8 dwelling units per acre and the net density (excluding rights-of-way and parkland dedication) will be 3.2 dwelling units per acre. The developer is dedicating approximately 16.26 acres of greenbelt and 3.21 acres of parkland at the time of completion. The Parks Board has accepted this dedication. Staff recommended approval of the plat. Commissioner Mooney moved to approve the Preliminary Plat. Commissioner Floyd seconded the motion, which passed unopposed 6-0. AGENDA ITEM NO. 9: Update to the Commission of any new Minor or Amending Plats approved by Staff. City Planner Kee said that there was one plat approved by Staff, which was the Baker Subdivision Plat, located in the Ashburn/Marstellar area. This plat included three lots and included the relocation of lot lines to provide better access to one of the lots. AGENDA ITEM NO. 10: Discussion of future agenda items. The Commissioners did not mention any items they wish to include on future agendas. AGENDA ITEM NO. 9: Adjourn. Commissioner Mooney moved to adjourn the meeting of the Planning and Zoning Commission. Commissioner Horlen seconded the motion, which passed unopposed 6-0. A I / APPRO ATTEST: W k- a S tafAssistant, Debra Charanza P&Z Minutes December 2, 1999 Page 6 of 6