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HomeMy WebLinkAboutStaff ReportsMINUTES Planning and Zoning Commission CITY OF COLLEGE STATION, TEXAS March 4, 1999 7:00 P.M. COMMISSIONERS PRESENT: Chairman Massey, Commissioners Maloney, Parker, Garner, Kaiser, and Rife. COMMISSIONERS ABSENT: Commissioner Mooney. COUNCIL MEMBERS PRESENT: Council Members Hazen, and Silva. STAFF PRESENT: Director of Development Services Callaway, Senior Planner McCully, Assistant City Engineer Morgan, Development Coordinator Ruiz, Assistant Development Coordinator George, Graduate Engineer Tondre, Staff Planner Jimmerson, Staff Assistant Charanza, Transportation Planner Hard, Transportation Technician Hester, and Assistant City Attorney Nemcik. The following items were approved by common consent: AGENDA ITEM NO. 1 : Consent Agenda. AGENDA ITEM NO. 1.1: Approved minutes from the Regular Meeting held on February d, 1999. AGENDA ITEM NO. 1.2: Approved the Final Plat of Phase Two and Final Plat of Phase Three of the Steeplechase Subdivision, which includes the extension of Navarrow and West Ridge. (99206 &99- 207) AGENDA ITEM NO. 2: Public hearing and consideration of a Conditional Use Permit, for the use only, to allow a religious facility to be located on the southern corner of Rock Prairie Road and Edelweiss Avenue.' 100. Senior Planner McCully presented the staff report and explained that the applicant was requesting approval of the use only at this time, and would return to the Commission at a later date with the site plan for consideration. She said that the tract is currently zoned A -P Administrative Professional and R- 1 Single Family, and is surrounded by R -1 and C -1 General Commercial. The Commission granted a conditional use permit for a religious facility to be located at the corner of Rock Prairie Road and Edelweiss, and approved a vet clinic with associated animal boarding to be located adjacent to the vacant C -1 tract. She said that a convenience store with gas service, not yet built) was also approved at the corner of Wellborn Road and Rock Prairie Road, across from the existing Exxon Station. P &Z Minutes March 4, 1999 Page 1 of 20 L She 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 Lovelass, 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), his 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 lie 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 NO. 3: Public hearing and consideration of rezoning approximately 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 -104) 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 of 20 STAFF REPORT Item: Public hearing and consideration of a Conditional Use Permit, use only, for a religious facility to be located on the southern corner of Rock Prairie Rd. and Edelweiss Ave. (99 -706) Applicant: A &M Presbyterian Church Item Summary: The proposed church would be developed on approximately 10 acres. The building is intended to be used weekdays and weekends during the day and evenings for various church and related activities. The property is currently zoned A -P (administrative - professional) and R -1 (Single Family Residential). It is adjacent to R -1 to the southeast and northeast across Edelweiss Ave. The property to the southwest is zoned C -1 and faces Wellborn Rd. The property across Rock Prairie is zoned A -P and has received a conditional use permit for another religious facility. The Land Use Plan shows Single Family Residential and Mixed Use in this area. Religious facilities are allowed in any zoning district with a Conditional Use Permit. A site plan will need to return to the Commission for approval before proceeding with Building Permits. Item Background: The subject property was recently shown on a preliminary plat and was rezoned several years ago as a part of the development of Edelweiss. A revised preliminary plat will have to be submitted. Budgetary & Financial Summary: NA Staff Recommendations: Section 14 of the Zoning Ordinance authorizes the existence of conditional uses. The Commission may permit a conditional use subject to appropriate conditions and safeguards, 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. 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 in line with the Land Use Plan. 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 opportunity for 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 requirements, additional landscaping, and additional improvements such as curbing, sidewalks and screening." o: \group\deve _ser\stfipt\99- 706.doe INFRASTRUCTURE AND FACILITIES Water: Public water will be provided through the final platting process. Any required fire protection will be provided through the site plan process. Sewer: Same as water Streets: Rock Prairie Road is a minor arterial and Edelweiss Drive is a minor collector. Both streets will provide adequate access to and from the site. Off -site Easements: N/A Drainage: Will be coordinated through the site plan process. Development must occur in compliance with the City's Drainage Ordinance. Flood Plain: None on site. Oversize request: See Budgetary and Financial Summary Section. Impact Fees: N/A Parkland: N/A Sidewalks: Public sidewalks were installed with the construction of the surrounding streets. NOTIFICATION: Legal Notice Publication(s): The Eagle; 2 -3 -99 Advertised Commission Hearing Dates(s): 2 -18 -99 Advertised Council Hearing Dates: N/A Number of Notices Mailed to Property Owners Within 200': 15 Response Received: None as of date of Staff report o:\goup\deve_scrlsf t\99- 706.doc