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HomeMy WebLinkAbout00070250Council Meeting 1/24/02 Page 10 Councilmember Maloney elaborated on the purpose of repealing the No. 7 Reinvestment Zone. Councilmember Maloney moved to adopt Ordinance No. 2543 terminating the TIF #7. Councilmember Garner seconded the motion, which carried unanimously, 6 -0. FOR: McIlhaney, Massey, Silvia Garner, Maloney and Hazen AGAINST: None ABSENT: Mariott 12.19 Approved by common consent Resolution No. 1 -24- 2002 -12.19 ordering a general municipal election to be held on May 4, 2002 for the purpose of electing a Mayor, Council Places 2, 4, and 6. This resolution also provides for a joint election to be held between the City of College Station, College Station Independent School District, and the Brazos Valley Groundwater Conservation District. 12.20 Discussion and possible action on an ordinance amending the Subdivision Regulations in Chapter 9 of the College Station City Code, to add Section 18 which limits replatting in subdivisions platted prior to July 15, 1970. Councilmember Massey moved to approve Ordinance No. 2544 approving Subdivision Regulations in Chapter 9 to add Section 18, which limits replatting in subdivisions platted prior to July 15, 1970. A condition was attached to the motion that required the applicant to disclose any documents that depict the property were originally platted. Councilmember Maloney seconded the motion, which carried unanimously, 6 -0. FOR: McIlhaney, Massey, Silvia Garner, Maloney and Hazen AGAINST: None ABSENT: Mariott Regular Meeting Regular Agenda Item No. 13.1 -- Public hearing, discussion and possible action on an ordinance amendment for a rezoning of 54.53 acres in Pebble Creek Phase 7 -B located east of the intersection of Royal Adelade and Spanish Bay Ct. from A -O. Agricultural Open to R -1, Single Family residential. Staff Planner Jimmerson presented this item. She stated that she is recommending approval of the rezoning. The applicant is requesting the rezoning to continue development in the Pebble Creek subdivision, which is currently developed as R -1 Single Family. The proposed rezoning is in compliance with the Land use Plan and approved Pebble Creek Master Plan. The Planning and Zoning Commission discussed options in regard to access to the area. The options for addressing access at this stage are to impose a condition on the rezoning, downzone it, or deny the rezoning. The Commission recommended approval of the rezoning as submitted. Davis Young, 806 Coral Ridge East, explained that the plans are to develop the property as approved in the Pebble Creek Master Plan. He addressed the Planning and Zoning Commission concerns regarding access. Mr. Young will comply with any standards that are set forth. Providing Customer Service Excellence Office of the City Secretary College Station, Texas Council Meeting 1/24/02 Page 11 Mayor McIlhaney opened the public hearing. No one spoke. Mayor McIlhaney closed the public hearing. Councilmember Silvia moved to approve Ordinance No. 2545 rezoning 54.63 acres in Pebble Creek Phase 7 -B located east of the intersection of Royal Adelade and Spanish Bay Court from A -O, Agricultural Open to R -1, Single Family Residential. Councilmember Garner seconded the motion, which failed by a vote of 3 -3. FOR: Silvia, Garner and McIlhaney AGAINST: Maloney, Hazen and Massey ABSENT: Mariott Councilmembers Maloney, Massey and Hazen expressed safety concerns with the proposed rezoning. Councilmember Maloney suggested a marked temporary secondary access -way for emergency purposes. Councilmember Maloney moved to approve Ordinance No. 2545 with a condition that a , shall be provided prior to or in conjunction with the development of Phase 7 -B. Councilmember Massey seconded the motion, which carried unanimously, 6 -0. FOR: McIlhaney, Massey, Silvia, Garner, Maloney and Hazen AGAINST: None ABSENT: Mariott Council recessed at 8:45 p.m. for a short break. Council reconvened in open session at 8:55 p.m. Regular Agenda Item No. 13.2 -- Public hearing, discussion and possible action on an ordinance regarding an amendment to Section 10, Chanter 9 Subdivision Regulations of the City of College Station Code of Ordinances amending certain sections regarding parkland dedication. City Planner Jane Kee stated that this item was presented at the January 10, 2002 Council Workshop meeting. She reminded the Council that the parkland dedication ordinance is part of the city's subdivision regulations revised in 1999. The ordinance requires a review every three years. This review is part of Council Strategic No. 4, Vision Statement 4, Intergenerational and facilities and comprehensive parks planning programs. Ms. Kee discussed staff's review of land and development costs, intergenerational parks, and acceptance and development criteria based on the 2000 census information. Staff proposed the following fee and language changes in the ordinance. Proposed Fee Changes: • Increase in multi - family land dedication due to Census figures • Increase in fee in lieu of land due to increase in land costs • Increase in development fee due to intergenerational emphasis Providing Customer Service Excellence Office of the City Secretary College Station, Texas ' 3.3 Moved to the Regular Agenda the discussion and possible action on a Preliminary Plat for T.C.C. Subdivision, consisting of 5.95 acres located at 1267 Harvey Mitchell Parkway South. (01-260) REGULAR AGENDA AGENDA ITEM NO. 4: Consider request(s) for absence from meetings. None. AGENDA ITEM N0.5: Public hearing, discussion, and possible action on items removed from the Consent Agenda by Commission action. 3.3: Discussion and possible action on a Preliminary Plat for T.C.C. Subdivision, consisting of 5.95 acres located at 1267 Harvey Mitchell Parkway South. (01 -260) Commissioner Kaiser expressed concern regarding access and asked if Condemnation could be exercised in this instance. Staff Planner Jimmerson explained that City Staff, TXDot, the applicant and their design professional has determined that the location and layout of the proposed access has been optimized. She stated that a right - in/right -out design would create more hazards. Also, the TXDot engineer did not believe a deceleration lane would be needed since there is a shoulder where vehicles can merge over before turning into the site. In addition, the two -way left -turn lane in the center of Harvey Mitchell Parkway would allow vehicles to turn left out of the site and accelerate before merging in with traffic. Ms. Jimmerson said that Condemnation is within the purview of the Commission to exercise, thereby sending this case before City Council for resolution. Transportation Planner Fogle confirmed that the proposed location and layout of the access is, in his professional opinion and that of TXDot's Engineers, the safest. Ms. Jimmerson added that this is a Planned Development District and an emergency access was never required of this rezoning by the Commission or the City Council. Commissioner Hawthorne motioned to approve the Preliminary Plat and was seconded by Commissioner Happ. The motion carried 6 -0. AGENDA ITEM NO. 6: AGENDA ITEM NO. 6 :Public hearing, discussion, and possible action on an ordinance amendment for a rezoning from A -O, Agricultural Open to R-1, Single Family Residential for 54.63 acres in Pebble Creek, Phase 7 -B, located east of the intersection of 1299 Royal Adelade and Spanish Bay Court. (01 -258) Staff Planner Jimmerson presented the staff report. She stated that she is recommending approval of the rezoning. The applicant is requesting the rezoning to continue development in the Pebble Cree k Subdivision, which is currently developed as R -1 Single Family. The proposed rezoning is in compliance with the Land Use Plan and the approved Pebble Creek Master Plan. Commissioner Kaiser expressed concern regarding greenspace. Commissioner Happ expressed concern regarding access. Assistant City Attorney Nemcik explained that there is an ordinance addressing drive -way access. However, subdivision access is different. Since this is a rezoning, the Commission can impose a condition to the rezoning, down -zone it, or you may deny the rezoning if you are concerned about density and traffic concerning access to the subdivision. P &Z Minutes January 3, 2002 Page 2 of 4 l i r 1 � ^ ,1 Chairman Floyd opened the public hearing. Bobby Mauldin, a representative for the Pebble Creek Development, explained that another access point to be developed will intersect with Andrews Drive and will eventually connect with this portion of the development within 3 to 5 years. Chairman Floyd closed the public hearing. Commissioner Hawthorn motioned to approve. Commissioner Williams seconded the motion. The motion carried 4 -2 with Commissioners Kaiser and Happ voting in opposition. AGENDA ITEM NO. 7: Public hearing, discussion, and possible action on a Conditional Use Permit and Site Plan for the Seventh Day Adventist Church located at 1350 Earl Rudder Freeway South. (01 -180) Staff Planner Hitchcock presented the Staff Report. Ms. Hitchcock stated that Staff recommends approval of the Conditional Use Permit and Site Plan. She explained that the applicant is proposing to develop a fellowship building and sanctuary that would be used for services, meetings, and classes. Phase 1 of this development will consist of a 4351 sq. ft. fellowship building where church activities will take place until the sanctuary is built with Phase 2. The subject property is zoned R -1 and R -3. To buffer the abutting residential area, a six -foot wooden fence is proposed and will be installed along lots 5, 6, and 7 of Cat Hollow. Much of the natural vegetation will be preserved and additional landscaping and berms are also planned. Finally, signage has been proposed for consideration as well. Chairman Floyd opened the public hearing. Chuck Ellison, 2902 Camille Drive, spoke in favor of the Conditional Use Permit. He stated that because the ingress/egress will be to the frontage road, there will be no appreciable impact of traffic in the neighborhoods. Chairman Floyd asked about the proposed lighting. Mr. Ellison explained that the lighting will be directed away from abutting residential properties. David Claridge, 1500 Lynx Cove, spoke in favor of the Conditional Use Permit and addressed concerns raised by the Commission regarding the natural vegetation and landscaping vs the proposed wooden fencing. Chairman Floyd closed the public hearing. Commissioner Happ motioned to approve as submitted. Commissioner Williams seconded the motion. Commissioner Kaiser asked for clarification on the berming plan. Mr. Claridge stated that a survey was conducted and planning was done in consideration of the natural vegetation. He added that the depth to the detention base is the driving factor, which would allow the water to collect in a natural basin. Chairman Floyd called the question. The motion carried 4 -2, with Commissioners Floyd and McMath voting in opposition. AGENDA ITEM NO. 8: Public hearing, discussion, and possible action on an Ordinance Amendment regarding PRC and buffer requirements for the Northgate district. (01 -265) MZ mutes January 3, 2002 Page 3 of 4 STAFF REPORT Prepared by: TED MAYO Date: January 30, 2002 Email: tmayo @ci.college - station.tx.us Item: Consideration of a Final Plat for the PEBBLE CREEK PHASE 7 -131 SUBDIVISION (22.99 acres)(34 lots) located east of Pebble Creek Parkway and east of Pebble Creek Subdivision Phase 7 -A. (2- 500007) Applicant: THE WALLACE GROUP FOR PEBBLE CREEK DEVELOPMENT COMPANY Staff Recommendation: Staff recommends approval with the following conditions: A rpo ► BAs to be provided to access Phase 7 -131 as required by the City Council as a condition of their approval of rezoning of this tract on January 24, 2002. The following street name changes are to be made: Piping Rock Circle to Piping Rock Court; Whistling Straits Drive east of Royal Adelade Drive to Whistling Straits Court; Royal Adelade Drive at Whistling Straits Drive to Royal Adelade Loop. Item Summary: The proposed Pebble Creek Phase 7 -131 Subdivision includes 38 R -1 single family (0.53 ac. avg.) lots and complies with the Land Use Plan, the Thorough Plan, the Pebble Creek Master Plan, and the Preliminary Plat of Section 7 which was approved by the Planning and Zoning Commission December 3, 1998. The Final Plat for Pebble Creek Phase 7 -A (44.88 acres- 81 lots) was approved February 4, 1999. This property was rezoned from A -O to R- 1 by the City Council January 24, 2002. The required parkland dedication for this development was addressed in previous submittals. Commission Action Options: The Commission has final authority over the final plat. The options regarding the final plat are: 1. Approval as submitted; 2. Approval with conditions; 3. Denial; 4. Table; or, 5. Defer action only at applicant's request. Supporting Materials: 1. Location Map 2. Application 3. Infrastructure and Facilities 4. Copy of Final Plat reated on 01130102 9:55 AM I:IGROUPIDEVE SERITecAFP Staff ReportPC7B1.DOC F. NON - PUBLIC, ALL- WEATHER DRIVE SURFACES: Temporary or permanent drive surfaces that are required for emergency access or turnaround for emergency vehicles must be constructed to function under aIl weather conditions. To accommodate a project during construction, phasing, or permanent installation, drive surfaces that do not meet the requirements for permanent pavement surfaces may be allowed at the discretion of the City Engineer for the specific conditions stated below: TEMPORARY ALL- WEATHER SURFACE (during construction) - A structure under construction must be accessible by an all- weather drive surface. This surface may consist of the permanent pavement as described in Section 9.2.1) or may consist of four inches (4 ") of base with a one - course (1) seal coat as specified in the Texas Department of Transportation Standard Specifications for Construction of Highways, Streets and Bridges, 1 Edition, Item 3 T6. This temporary all- weather surface must be reworked or replaced to meet the permanent pavement standard as described in Section 9.2.D. prior to issuance of a certificate of occupancy. SEMI- PERMANENT ALL- WEATHER SURFACE (during phasing) - In cases during t haling of a large project, emergency access and turnarounds often must be added as a emporary measure until additional phases are constructed. These emergency access areas may consist of permanent pavement as described in Section 9.2.D., or may consist of six inches (6 ") of limestone base with one - course (1) seal coat as specified in the Texas Department of Transportation Standard Specifications for Construction of Highways Streets and Bridges 1993 Edition, Item 316. If the semi- permanent surface is used, the six-inch (6 ") curb is not required, and these areas must be gated or protected from public usage and signed for emergency access only. When the additional phase is constructed these areas must be removed or reworked to meet the permanent pavement standards as described in Section 9.2.D. PERMANENT ALL- WEATHER SURFACE (permanent) - In some development scenarios, an emergency access or turnaround must be constructed to meet emergency access purposes and is not required for public traffic, service vehicles or sanitation vehicles. In these cases the area required for emergency access only may consist of permanent pavement as described in Section 9.2.D., or may consist of six inches (6 ") or limestone base with a two- course (2) seal coat as specified in the Texas Department of Transportation Standard Specifications for Construction of Highways, Streets and Bridges, .1993 Edition, Item 316. If the seal -coat surface is used, a six -mch (6 ") curb is not required, and these areas must be gated or protected from public usage and signed for emergency access only. (As amended Ordinance No. 2226 dated December 12, 1996) G. TEMPORARY PARKING LOTS: When additional parking, in excess of what the zoning ordinance requires and/or in excess of what was installed when a facility first opened is necessary to accommodate business or patronage that was unanticipated when the facl first opened, this parking may be sup lied using the standards below. All such parking lots must receive site plan approval from Zhe Planning & Zoning Commission following the site plan review procedures outlined in section 10 of the zoning ordinance. If these standards are allowed, the parking lot may exist on a temporary basis not to exceed 12 months. The beginning date of the 12 month eriod shall be determined by the Commission. (As amended by Ordinance No. 2226 dated December 12, 1996) STANDARDS 1. The surface of the parking lot may be gravel or some other temporary material as approved by the City Engineer. 2. The lot must be designed to accommodate drainage in accordance with the City's drainage ordinance. Curbs, gutters or other improvements may be reguired where necessary to comply with drainage regulations as approved by the City Engineer. 3. Entrance to the lot from any public right -of -way is at the discretion of the Commission based on recommendation of fhe City Engineer. 4. When entrance is allowed to the lot from a public right -of -way that portion of the entrance located in the right -of -way must be paved with an A weather surface as approved by the City Engineer. Zoning Ordinance Page 9 - 3 ALL- WEATHER DRIVE SURFACES: or permanent 'drive a�gttl fl srgenW sf or turnaroun or emergency vehicles ft st kI notion on weathex w"tiom To accommodate a project during construction, p asing, or permanent installation, drive surfaces that do not meet the requirements for permanent pavement surfaces may be allowed at the dWretien of the City Brf&em for the specific conditions stated below: TEMPORARY ALL- WEATHER SURFACE (during construction) - A structure under construction must be accessible by an all- weather drive surface. This surface may consist of the ppermanent pavement as described in Section 9.2.1) or may consist of four inches (4 ") of limestone base with a one - course (1) seal coat as specified in the Texas Department of Transportation Standard Specifications for Construction of Highways, Streets and Bridges, 1993 Edition, Item 3 M. This temporary all- weather surface must be reworked or replaced to meet the permanent pavement standard as described in Section 9.2.D. prior to issuance of a certificate of occupancy. SEMI - PERMANENT ALL- WEATHER SURFACE (durin phasing) - In cases during phasing of a large project, emergency access and turnarounds often must be added as a emporary measure until additional phases are constructed. These emergency access areas may consist of permanent pavement as described in Section 9.2.D., or may consist of six inches (6 ") of limestone base with one - course (1) seal coat as specified in the Texas Department of Transportation Standard Specifications for Construction of Highways, Streets and Bridges, 1993 Edition, Item 316. If the semi- permanent surface is used, the six -inch (6 ") curb is not required, and these areas must be gated or protected from public usage and signed for emergency access only. When the additional phase is constructed these areas must be removed or reworked to meet the permanent pavement standards as described in Section 9.2.D. PERMANENT ALL- WEATHER SURFACE (permanent) - In some development scenarios, an emergency access or turnaround must be constructed to meet emer ency access purposes and is not required for public traffic, service vehicles or sanitation vehicles. In these cases the area required for emergency access only may consist of permanent pavement as described in Section 9.2.D., or may consist of six inches (6 ") or limestone base with a two- course (2) seal coat as specified in the Texas Department of Transportation Standard Specifications for Construction of Highways, Streets and Bridges, 1993 Edition, Item 316. If the seal -coat surface is used, a six -mch (6 ") curb is not required, and these areas must be gated or protected from public usage and signed for emergency access only. (As amended Ordinance No. 2226 dated December 12, 1996) G. TEMPORARY PARKING LOTS: When additional parking, in excess of what the zoning ordinance requires and/or in excess of what was installed when a facility first opened is necessary to accommodate business or patronage that was unanticipated when the facility first opened, this parking may be sup lied using the standards below. All such par king lots must receive site plan approval from the Plannin & Zoning Commission following the site R an review procedures outlined m section 10 of the zoning ordinance. If these owed, the p f t arking omay xist on a temporamonths. The ginning date ft 12 in nthpernod shall be de te stan dards are rmined �y the Commission. (As amended by Or mane No. 2226 dated December 12, 1996) STANDARDS 1. The surface of the parking lot may be gravel or some other temporary material as approved by the City Engineer. 2. The lot must be designed to accommodate drainage in accordance with the City's drainage ordinance. Curbs, gutters or other improvements may be required where necessary to comply with drainage regulations as approved by the City Engineer. 3. Entrance to the lot from any public riVt -of -way is at the discretion of the Commission based on recommendation of fhe City ngineer. 4. When entrance is allowed to the lot from a public right -of -way that portion of the entrance located in the right -of -way must be paved with an alb weather surface as approved by the City Engineer. Zoning Ordinance Page 9 - 3 NON - PUBLIC, ALL- WEATHER DRIVE SURFACES: Temporary or permanent drive surfaces that are required for emergency access or turnaround for emer ency vehicles must be constructed to function under all weather conditions. To accommodate a project during construction, phasing, or permanent installation, drive surfaces that do not meet the requirements for permanent pavement surfaces may be allowed at the discretion of the City Engineer for the specific conditions stated below: TEMPORARY ALL- WEATHER SURFACE (during construction) - A structure under construction must be accessible by an all- weather drive surface. This surface may consist of the permanent pavement as described in Section 9.2.1) or m�ayy consist of four inches (4 ") oflimestone base with a one - course (1) seal coat as specified in the Texas Department of Transportation Standard Specifications for Construction of Highways, Streets and Bridges, 1993 Edition, Item 3I6. This temporary all- weather surface must be reworked or replaced to meet the permanent pavement standard as described in Section 9.2.D. prior to issuance of a certificate of occupancy. SEMI - PERMANENT ALL- WEATHER SURFACE (durin phasing) - In cases during phasing of a large project, emergency access and turnarounds often must be added as a emporary measure until additional phases are constructed. These emergency access areas may consist of permanent pavement as described in Section 9.2.D., or ma consist of six inches (6 ") of limestone base with one - course (1) seal coat as specifiid in the Texas Department of Transportation Standard S pecifications for Construction of Highways Streets and Bridges 1993 Edition, Item 316. If the semi - permanent surface is used, the six-inch (6") cum is not required, and these areas must be gated or protected from public usage and signed for emergency access only. When the additional phase is constructed these areas must be removed or reworked to meet the permanent pavement standards as described in Section 9.2.D. PERMANENT ALL- WEATHER SURFACE (permanent) - In some development scenarios, an emergency access or turnaround must be constructed to meet emergency access purposes and is not required for public traffic, service vehicles or sanitation vehicles. In these cases the area required for emergency access only may consist of permanent pavement as described in Section 9.2.D., or may consist of six inches (6 ") or limestone base with a two- course (2) seal coat as specified in the Texas Department of Transportation Standard Specifications for Construction of Highways, Streets and Bridges,.1993 Edition, Item 316. If the seal -coat surface is used, a six-mch (6 ") curb is not required, and these areas must be gated or protected from public usage and signed for emergency access only. (As amended Ordinance No. 2226 dated December 12, 1996) G. TEMPORARY PARKING LOTS: When additional parking, in excess of what the zoning ordinance requires and/or in excess of what was installed when a facility first opened is necessary to accommodate business or patronage that was unanticipated when the faculty first opened, this parking may be suppplied using the standards below. All such parking lots must receive site plan approval from }he Planning & Zoning Commission following the site plan o review procedures outlined in section 10 of the zoning ordinance. If these standards are allwed, the parking lot may exist on a temporary basis not to exceed 12 months. The beginning date of the 12 month period shall be determined by the Commission. (As amended by Ordnance No. 2226 dated December 12, 1996) STANDARDS I. The surface of the parking lot may be gravel or some other temporary material as approved by the City Engineer. 2. The lot must be designed to accommodate drainage in accordance with the City's drainage ordinance. Curbs, gutters or other improvements may be required where necessary to comply with drainage regulations as approved by the City Engineer. 3. Entrance to the lot from any public right-of-way is at the discretion of the Commission based on recommendation of fhe City Engineer. 4. When entrance is allowed to the lot from a public right -of -way that portion of the entrance located in the right -of -way must be paved with an A weather surface as approved by the City Engineer. Zoning Ordinance Page 9 - 3 1 r � r I � 1 r i I I � I i I I 1 VICINITY MAP 11 0 I� sl Tr_ 20' WIDE (0.839 ACRE) PUBLIC UTILITY EASEMENT VOLUME 3591, PAGE 28 \ FRAZOS COUNTY OFFICIAL PUBLIC RECORDS SCAT I E � P,U.E. = P (NO 7' PLATTF,'D) PEBBLE CREEK DEVELOPMENT COMPA RESIDUE OF - CALLED 677.49 ACRES DESCRIBED AS TRACT VOLUME 1671, PAGE 276 BRAZOS COUNTY OFFICIAL PUBLIC RE( FURNIE PHASE PEBBLE CFEEK PHASE 7-82 (NO 7' PLA 7'TL'D) PEBBLE CREEK DEVELOPMENT COMP; RESIDUE OF CALLED 6 7 7.4 9 ACRE ,k DESCRIBED AS TRACT VOLUME 1671, PAGL' 76 s 6 ���*. v� ul BRAZOS COUNTY OFFICIAL PUIILIC RE S °s9 a' FUPJFIE PHASE 2O9su °S4 10' P.U.E. , �" PEBBLE CREEK PHASE 7-82 8 \ W V �, 2 0 5 41 P.U.E. i� \ V ' `�D O v J 2 T9 9 \ Q� 10' P.U.E. . J �i o. 1» C - 27 p, 02'0 2 7� i 10 v D.E. �F \ /� i — % C l^ L \g 45 '�� h B P !0 3 � J � LA 5' .U.E. 10' P.U.E. - r 44 46 S Vo lk 1 �• C -18 T9�'�a� kph o\ \ ti�p'� (fie <\C�SJO •Q� L= 38.77' s ��, gp� \ yy \ � �� 15' P.U.E. � n 0 /J� \ \ aG ° 10' P.U.E. ? L,� _ C--3„] h 10 ' P.u.E. 4 ,� 4 �0�„ �0 , L � 5 __ 10' P.O.E. 39 ° ° \, 10' P.U.E. n L-21.03'�` 1p 48 4.9 0. 5p ° ��' \ \ \ ��, 40 01 i CO a s• \ cv. � N \ ,�I 42 \� �� s pa' ) \ 0 °pp60 \6.40' N 39'33'57" W \,`' , 20 DRAINAGE '\ N 84.42 a A\ — N 447 .40' \ EASEMENT ASE 10' P.U.E. 2s oa \ VAt10N E MI CoNsr s. 41 �! \ 6.'� D RAINAGE 138.36' , S Q `J c S 89'28'16" W 144.52' " S 47'47'29" W 137.17' k , ti ��