Loading...
HomeMy WebLinkAboutStaff ReportsSTAFF REPORT Item: Public hearing and consideration of a Conditional Use Permit for the use only of a fraternity house to be located at 707 Luther Street, west of Melrose Apartments. (99-701) Item Summary: The request is for approval of the use of the subject tract as a fraternity house. If the use is authorized, a site plan will be brought to the Commission for approval in the future. The existing zoning on the property, R-5, would allow for medium density apartment development without additional review. Existing land uses in the area include Melrose Apartments to the north, Walden Pond Apartments across the creek to the east and vacant property zoned R-5 adjacent to the north. To the west is large tract of land zoned R-1. The area to the north of Luther is owned by Texas A&M. Relationship to Comprehensive Plan: The Land Use Plan shows this area as high density single family residential. Item Background: This tract was platted as part of the Melrose development. The Melrose development also included a Development Agreement between the City and the developer regarding infrastructure improvements in the area. That agreement addressed the reconstruction of Luther St. West. A portion of the street has been reconstructed by Melrose (along the first phase of the Melrose project). Additional Luther improvements, including along the frontage of this tract, are pending under the terms of the agreement. Budgetary & Financial Summary: NA Staff Recommendations: Section 14 of the Zoning Ordinance authorizes the Commission to permit of conditional uses when after public notice and hearing the Commission finds that: (Staff comments are in italics) 1. "The proposed use meets all the minimum standards established in the ordinance for the type of use proposed." This use meets all of the minimum ordinance requirements (pending submission and approval of site plan and reconstruction of Luther St. West in accordance with the Development Agreement between the City of College Station and the developer). 2. "That the proposed use meets the purpose and intent of the ordinance and is in harmony with the development policies and goals and objectives as embodied in the Comprehensive Plan for Development of the City." This use is not in conflict with the Land Use Plan and polices. 3. 'That the proposed use will not be detrimental to the health, welfare, and safety of the surrounding neighborhood or its occupants, nor be substantially or permanently injurious to neighboring property." The public hearing is an opportunityfor the Commission to measure the potential impact on surrounding land uses. "The Commission may impose additional reasonable restrictions or conditions to carry out the spirit and intent of the ordinance and to mitigate adverse effects of the proposed use. These requirements may include, but are not limited to, increased open space, loading and parking Ogmup\deve_=e sftA99-701.doc requirements, additional landscaping, and additional improvements such as curbing, sidewalks and screening." Unless the public hearing brings to light any new information indicating potential negative impacts, Staff recommends approval. Related Advisory Board Recommendations: N/A Commission Action Options: The Commission has final authority over the Conditional Use Permit and associated site plan. The options regarding the use permit are: 1. approval as submitted 2. approval with conditions relating to specific site characteristics or with time limitations 3. denial with specified reasons for denial 4. table, or 5. defer action to a specified date. Supporting Materials: 1. Location Map 2. Application 3. Engineering Information and Notification Information i:\gmp\deve_ser\st&pt\99-701.doc a-c U-1- (per - `u aA~ se ~,+~9~au~- + 41~ Lle -o aJ(I, , ~L ~(6- ~,LiL L~&S~~ 12~zlRg 5V,,, ~o XLso U L I w ~ Q r~ (-~0 AGENDA ITEM NO. 5: Public hearing and consideration of a Site Plan approval for a fraternity house to be located at 707 Luther Street, west of Melrose Apartments. (99-701) Graduate Engineer Tondre presented the staff report. This item is for approval of phase one of the Sigma Alpha Epsilon Fraternity at 707 Luther Street. A Conditional Use Permit for this development came before the Commission on January 21, 1999 and was approved. This is a follow-up of the actual site plan. The first phase will include a 3,791 square foot main building with a capacity of 17 beds, the associated parking, and a maintenance building. The development is in compliance with the land use plan, which shows the area to be high-density residential. The property is zoned R-5, with apartment uses to the north and east and a vacant R-1 zoning to the southwest. At the public hearing for the use permit, concerns were expressed for improvements to West Luther Street. These improvements will be constructed by Melrose Development at the time the City acquires the right-of-way The City has entered into a development agreement to acquire the right-of-way by combination because Melrose Development was not able to acquire the right-of-way to build the street. Staff recommended approval of this site plan with the conditions listed above. Commissioner Kaiser inquired as to the length of time for the process of condemnation acquisition and ultimate development to take place. Mr. Tondre replied that the City's legal department is currently looking at the condemnation paperwork, but as for the timeframe, Planner Kee estimated approximately six months to begin the process. Commissioner Kaiser then inquired as to the plans to extend the road. Planner Kee said that she would have to go back and research the development agreement to see who is contracting for that, Melrose Development or the City. Commissioner Floyd asked staff to comment on the orientation of both the main structure and the maintenance shed. Engineer Tondre indicated to the Commission both locations and the drive area. He also indicated the current vacant R-1-zoned lot with the 60-foot right-of-way,which is currently used for Bryan Utilities. Commissioner Warren asked if the area is currently highly vegetated, and Mr. Tondre answered that, although there is some vegetation, it is not highly vegetated. Commissioner Kaiser asked if the portion of Luther Street in question is currently a gravel road, and Mr. Tondre confirmed that it is, up to the end of Melrose. Commissioner Kaiser expressed concerns that if an intensive use is placed in an area whose road is not paved, several problems tend to arise, and he believes that the city should take some action to assure that there are no such problems. W. Tondre stated that the City is interested in improving this road as quickly as the property can be acquired and begin the bid processes. Commissioner Floyd mentioned subsequent residential development in the area around the maintenance shed and whether, because of the orientation, a different view of that property would be presented than would normally be expected. Mr. Tondre stated that this shed would be within 20 feet of the parking area, and nothing obtrusive would be built there. Commissioner Floyd also asked if there was any required screening and Mr. Tondre responded that there was not for vacant R-1 zoning. Commissioner Mooney asked if funds had been set aside by the City to extend the road to FM2818 that would be in conjunction with this facility. Mr. Tondre confirmed that funds had indeed been set aside at least through this development, although he was unsure if it went to FM2818. Chairman Rife asked, should this request be approved, what type of buffering, if any, would be required between an R-5/R-1 zoning. Engineer Tondre stated that the property in question had in fact been rezoned to R-5. Mr. Tondre further explained that since the R-1 property is undeveloped, no buffering would be required. Commissioner Warren asked if any buffering currently existed along the back property line, adjacent to the Walden Pond R-5 and also to the area that faces FM2818. Engineer P&Z Minutes June 3, 1999 Page 4 of 15 Tondre answered that he did believe there was some vegetation in the area, but as there are power lines, no tall vegetation would be allowed. Chairman Rife opened the public hearing. Chuck Ellison, 2902 Camille Drive, represents the Melrose Development and explained that monies exist and are waiting for the condemnation for the extension of Luther Street. He also stated that the extension would go through the R-5 area and improved sub-grade. He also mentioned that the utility easement that goes around on the buffer side was relocated there because of an existing City of Bryan easement. Mr. Ellison stated that he believes the easement and actual utilities will go along Jones- Butler Road. He also believes that, with the extension of Jones-Butler Road along Texas A&M land, there is also a concurrent utility easement that will go that way. His conclusion was that ultimately he believes that buffer will be vegetated. Joel Mitchell, 904 Park Place, offered to answer engineering questions for the applicant on this topic. Chairman Rife asked Mr. Mitchell if there would be any opposition to imposing a condition where the R and D district buffering requirements would be required. Mr. Mitchell stated that the applicant would not find those requirements desirable because of the anticipated expense. He stated that the other problem with the easement there is that not much can be done in that easement. Commissioner Parker inquired as to the width of the easement, and Mr. Mitchell responded that the width was 60 feet. Chairman Rife explained that his concern was, this property is presently zoned R-1 and he is looking long-term at the interests of someone who is in an R-I area adjacent to a use such as the one proposed, and he believes that any buffering would be helpful. He also explained that the R and D zoning, although more intensive, may be found more desirable to people who may come in at a later date. Commissioner Floyd expressed concerns regarding lighting and how the light, with the current orientation, will spread to the adjoining land. Mr. Mitchell explained that when residential development is put in, the new residents would be responsible for building their own fencing, which is the extent of the required buffering. There are currently a number of trees in the fence-line, which will provide some additional buffering. Commissioner Parker asked if there were any plans to light the parking lot and Mr. Mitchell responded that indeed there were. Commissioner Parker then asked the orientation of the lighting so that there would be no problems created for adjacent residents. Bo Miles, 341 Landsberg Lane, is an employee with Madison Construction, the general contractor for this project. Mr. Miles stated that the intended lighting for the project is five cobra-head type light fixtures, typical parking lot lighting. He stated that he believes the concern for buffering has been taken care of with the sheer size of the property, 5.16 acres. He also explained that the distance from the parking lot to the adjacent property line is over 200 feet and does not feel that either the lighting concern or the buffer would be a concern because of the size of the property. Commissioner Floyd asked the height of the cobra lamps and Mr. Miles responded that they are 20 feet tall. Commissioner Floyd then asked if the lamps were shielded, to which Mr. Miles responded that they were Chuck Ellison, 2902 Camille Drive, stated that on another matter he had occasion to price the R-1 land and found that the asking price was in excess of $2.00 per square foot and that it would not be residential R-1. He anticipates that it will be multifamily or high-density as the price is too steep for single-family residential zoning. Chairman Rife closed the public hearing. Commissioner Mooney moved to approve the site plan per staff recommendations. P&Z Minutes June 3, 1999 Page 5 of 15 Commissioner Parker seconded the motion. Chairman Rife expressed concerns regarding future development around this property and again mentioned buffering. Conunissioner Warren stated that she is a neighbor to a sorority house and that they tend to keep the property and appearance up. Screening around some of the areas does allow light, but she believes that is a safety issue for the residents and has no objection to that. She does, however, believe that vegetation that does screen areas regardless of zoning, is important. Chairman Rife did confirm that the Commission could place conditions on approval regarding buffering and screening. Commissioner Parker noted that his basis on seconding this motion was the lighting and buffering. Commissioner Mooney noted that he believes once the road is extended to FM2818, there will be a continuation of growth, and that current R-1 zoning will potentially become R-5. Commissioner Kaiser stated that he is troubled by speculation of what the zoning may become, especially with the land use plan recommending particular zonings. He believes that the land use plan is being ignored. Senior Planner McCully noted that the land use plan shows this area to be mixed-use zoning. Chairman Rife called for the vote and the motion carried (5-2). AGENDA ITEM NO. 6: Public hearing and consideration of a request for rezoning Pebble Hils Estates Phase Three of approximately 25 acres from C-1 and R-5 to C-2 and of 4.3 acres from R- 1 to R-5e (99-26) Transportation Planner Hard presented the staff report. The applicants in this case are Jerry Wyndham and Frank Thurmond. This section of Pebble Hills is located on State Highway 6 South, North of Greens Prairie Road, immediately adjacent and abutting the former Desert Hills facility. Graphics were shown to the Commission to better explain the rezoning. The intended use for the proposed 25.5-acres would be the relocation of the TXDOT district headquarters from Bryan in to College Station. It would primarily house their administrative offices and leave many of the maintenance sections that the district deals with on Old Hearne Road in Bryan. The purpose of the R-5 zoning would be primarily to buffer between the proposed commercial and an R-1 residential immediately to the east of this property. This rezoning is in accordance with an approved master development plan for the Pebble Hills Estates. The portion under consideration for rezoning is just the portion between State Highway 6 and the part between the proposed future extension of Lakeway Drive, which will be a North/South major collecor through the-area. On the master development plan there is a buffer area between the proposed R-5 and what is shown to be commercial, which is proposed to go from C-1 to C-2. Planer Hard believes that part of the reason they may have requested C-2 instead of C-1 is because staff was uncertain as to what types of uses that could occur on the district offices grounds and felt certain it could be in C-2, and possibly C-1. Since that time staff has been able to meet with TXDOT and learn that they do feel comfortable with the C-1 classification as opposed to C-2 and does have a bearing on the recommendation. Transportation Planner Hard reiterated the uses as being the main administrative offices, a small sign shop and fleet maintenance. There would be no other outside storage of agregates or other uses for district headquarter offices. Staff recommends denial of C-2 as it would not be in accordance with the land use plan. Staff does recommend approval of C-1 and feels comfortable that a MZMinutes June 3, 1999 Page 6 of 15 Commissioner Maloney did not feel this would commit the City to the C-2 classification because there could be recourse to initiate a rezoning if this existing business is moved. He felt that it was only right to rezone the property because the business is already in existence. Commissioner Rife also felt that the vision indicated commercial and felt obliged to change this zoning since part of the tract is currently C-2. Commissioner Parker felt this was too intense for the area. Commissioner Kaiser suggested a study be conducted to assure this area is reflected correctly on the Land Use Plan to avoid making "hasty" decisions. Chairman Massey agreed that the Comprehensive Plan may need revising for this area, to reflect a pattern with Bryan. Chairman Massey called for the vote which did not pass with a vote of 2-4; Commissioners Kaiser and Parker voting in favor of the motion. Commissioner Rife moved to recommend approval of the rezoning request. Commission Maloney seconded the motion which passed with a vote of 4-2; Commissioners Kaiser and Parker voted in opposition to the motion. - AGENDA ITEM NO. 8: Public hearing and consideration of a Conditional Use Permit for the use only of a fraternity house to be located at 707 Luther Street, west of Melrose Apartments. (99-701) Director of Development Services Callaway presented the staff report. He explained that the request was for the use only to allow for a fraternity house to be located on the tract. He said that if the use is authorized, a site plan would return to the Commission for consideration at a future date. Mr. Callaway explained that Luther Street would be extended to the end of the subject tract through a Development Agreement with Melrose. The city would probably finish the extension to FM 2818 in the future. The City Manager gave direction to Staff to begin locating funds for right-of-way acquisition. The Commission asked if the use permit would stay with the land or the use. Assistant City Attorney Nemcik explained that a Conditional Use Permit is a form of zoning classification for land and could have conditions attached. The permit would automatically expire in twelve months if building permits are not issued. Chairman Massey opened the public hearing. Chris Fanning, SAE Housing President, said that the project would move quickly, by breaking ground around March or April. He was aware of the Development Agreement between the City and Melrose. Chairman Massey closed the public hearing. P&ZMInutes January 21, 1999 Page 8 of 16 Commissioner Mooney moved to approve the request. Commissioner Kaiser asked if Commissioner Mooney would amend the motion to include a condition of requiring Luther Street to be extended with this development. Mr. Callaway explained that the agreement for the extension was between Melrose and the City, and this would hold the applicant up for the development. The motion failed due to lack of a second. Commissioner Mooney moved to approve the request as presented. Commissioner Maloney seconded the motion which passed (5-1); Commissioner Rife voted in opposition of the motion because he was opposed to a fraternity house built in a R-1 zone. AGENDA ITEM NO. 9: Public hearing and consideration of a Conditional Use Permit for the use only of a restaurant under 900 sq. ft. without a drive-thru to be located in the existing Post Oak Village Shopping Center at 900 Harvey Road. (99-702) Senior Planner McCully presented the staff report and explained that the proposed restaurant would be located in the Post Oak Village shopping center, which contains 36,737 square feet of space and is occupied by several retail business. The restaurant use requires a conditional use permit. Staff is not concerned that the request will negatively impact the parking situation on site. The request is for a relatively low percentage of the total leaseable square footage of the center, and staff is unaware of any current parking problems. The center itself does not meet the current parking requirements for small shopping centers (1 space per 150 square feet); however that parking requirement also assumes that up to 25% of the center would be devoted to theaters, restaurants, and nightclub use, and that is not the case in this shopping center.. Staff recommended approval of the request as presented. Chairman Massey opened the public hearing. Andy Bernstein, Owner and applicant, approached the Commission to answer any questions they imposed. Chairman Massey closed the public hearing. Commissioner Rife moved to approve the request as presented. Commissioner Maloney seconded the motion, which passed unopposed (6-0). AGENDA ITEM NO. 10: Public hearing and consideration of a Conditional Use Permit for the use only, to allow a religious facility/assembly hall to be located on the northeast corner of Rock Prairie Road and Edelweiss Avenue. (99-703) Staff Planner Battle presented the staff report and stated that the intention is to use the building as an assembly hall from 6 to 10 P.M. seven days a week. There will be no full time employees at the building. This request is for the use only, and if approved, the site plan would return to the Commission for consideration prior to proceeding with building permits. Staff recommended approval of the request. Chairman Massey opened the public hearing. Mr. Parvis Vessali, Applicant, explained that this organization currently meets in Northgate. MZMInutes January 21, 1999 Page 9 of 16 STAFF REPORT Item: Public hearing and consideration of a Site Plan approval for a fraternity house to be located at 707 Luther Street, west of Melrose Apartments. (99-701) Item Summary: The request is for approval of the site plan for the subject tract as a fraternity house. The use was authorized by the Commission in January of 1999. The site plan as presented shows a Phase I boundary and future buildings and parking. Approval is being sought for Phase I only at this time. The existing zoning on the property is R-5 Apartments Medium Density. Existing land uses in the area include Melrose Apartments to the north, Walden Pond Apartments across the creek to the east and vacant property zoned R-5 adjacent to the north. To the west is large tract of land zoned R-1 Single Family. The area to the north of Luther is owned by Texas A&M. Relationship to Comprehensive Plan: The Land Use Plan shows this area as high density single family residential. Item Background: This tract was platted as part of the Melrose development. The Melrose development also included a Development Agreement (a contractual obligation) between the City and the developer regarding infrastructure improvements in the area. That agreement addressed the reconstruction of Luther St. West. A portion of the street has been reconstructed by Melrose (along the first phase of the Melrose project). Additional Luther improvements, including along the frontage of this tract, are pending under the terms of the agreement. The Commission has previously discussed the timing of improvements to Luther and the construction and occupancy of the fraternity house. The decision was made to allow construction of the fraternity without the condition that street improvements be underway, as the fraternity has no control over this timing. Budgetary & Financial Summary: NA Staff Recommendations: Staff reviewed the site plan in April of this year and all comments on the site plan have been addressed with the following exception: 1. Clarify that 6" concrete paving is necessary on all fire lanes. 2. Remove the water service line from the public utility easement. 3. Completion of the drainage plan/report for the site. Staff recommends approval with the above conditions. \\chl netwam\vol1\group\deve_s"\s&pt\99-701sp.doc Related Advisory Board Recommendations: N/A Commission Action Options: The Commission has final authority over the site plan associated with this conditional use permit. The options are: 1. approval as submitted 2. approval with conditions relating to specific site characteristics 3. denial with specified reasons for denial 4. table, or 5. defer action to a specified date. Supporting Materials: 1. Location Map 2. Application 3. Engineering Information and Notification Information 4. P&Z Minutes from January 1999 (CUP approval) \\clt1_netwue\vol1\gmup\deve_se \s f \99-701sp.doc INFRASTRUCTURE Access to the site is provided via Luther St. West. This street is substandard (gravel) at this location. Street conditions will be upgraded by the Melrose developer in accordance with the Development Agreement. A portion of the right-of-way required for the improvements will be acquired by the City. The work for the acquisition is underway but appears that it will be a difficult and time consuming acquisition. Engineering has identified no other significant engineering or infrastructure issues at this time that would make site development unattainable. NOTIFICATION: Legal Notice Publication(s): The Eagle; 5-19-99 Advertised Commission Hearing Dates(s): 6-3-99 Advertised Council Hearing Dates: Not required Number of Notices Mailed to Property Owners Within 200': 19 Response Received: No inquiries as of date of staff report \\ch 1_netware\vo1 l\gmup\deve_wr\stfipt\99-70Isp.doc AGENDA Predevelopment Meeting CITY OF COLLEGE STATION, TEXAS City Hall Council Room Thursday, January 7, 1992 8:15 A.M. Sigma Alpha Epsilon Fraternity Complex - review the schematic site plan of a 3.5 acre tract located along Luther Street. Oakwood Elementary School - discuss the proposed renovations of the existing Oakwood Elementary School located along George Bush Drive. Schematic site plan and additional information will be presented by the applicant at the meeting. Pte,