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HomeMy WebLinkAbout00071669'Agen" da .Item Cover~Sheet Agenda Item # X Reciular Item nsent Item orkshop Item m Submitted By: ouncil Meeting Date: irector Approval: Manager Approval: Hitchcock, Staff Planner AC) 1 Item: Public hearing, discussion, and possible action on a rezonineor the 2.073 acre-tract abutting the Edelweiss Business Center Lot 1 Block 1 to the north, located on the east side of Wellborn Road, north of Mortier and south of Rock Prairie. Item Summary: The applicant is requesting this rezoning in order to prepare the property for future development. The approximately 2.1 acre tract is proposed to have a wholesale plumbing supply business with a showroom and limited retail sales. The C-2 Commercial - Industrial district is more intense than the existing zoning. Approval of the rezoning would add typical C-1 General Commercial uses such as restaurants and theaters as well as industrial commercial uses such as warehouses and welding shops to the list of permitted uses. The subject property and property around it are part of the 1992 Edelweiss Estates Master Development Plan. To the north of the subject property is . undeveloped C-3. To the south is developed C-2 (Shadow Rock Pet Resort). East of the property is developed R-1 Single Family Residential. The plan the adjacency of single family and commercial land uses. Buffering was to be used to mitigate any negative impacts of the commercial J V~ ~ri~j developments on the homes. When the abutting lot to the south was rezoned from C-3 to C-2, an R&D buffer was required. Under the new buffer ordinance, -n a new commercial development"Iie required 4,v plantings six- to eight-foot masonry, concrete, or EFIS wall along the common boundary line when it is platted. Comprehensive Plan Considerations: The Land Use Plan reflects the 1992 Edelweiss Master Plan in that the entire area from Mortier to Rock Prairie is shown as retail regional. The current zoning of C-3 and the proposed zoning of C-2 both comply with this land use classification. The Comprehensive Plan defines regional retail as: Areas permitting regional-scale development of tax-generating developments such as retail centers, service commercial, restaurants, etc. These uses are generally dependent on good access to highways and major arterials. Wellborn Road is designated a major arterial, which is anticipated to carry 10,000 to 45,000 vehicles per day. It is a two-lane, undivided roadway with occasional left-turn lanes. TxDOT has begun the environmental assessment and preliminary design process to upgrade Wellborn to a four-lane, divided road. The primary function of the road is traffic movement. The secondary function is land access and serving long trips. A water line runs down Wellborn in front of the subject property and a sewer line runs up to the property in the back. Sewer will be required to be extended through the property with platting. The utilities are adequate for C-2 development of the land. Because of the planned adjacency of uses with buffers to mitigate negative impacts, a rezoning from C-3 to C-2 on the adjacent property, the tract's location on Wellborn Road, and compliance with the Master Development Plan and Land Use Plan, staff does not see a compelling argument to recommend denial of the rezoning request. Though, since the time of the adoption of the master plan and the subsequent changing of the Land Use Plan, the abutting lots have developed as the planned single family residential. The Comprehensive Plan states that "College Station should continue to protect, preserve, and enhance existing and future neighborhoods". The public hearing will be the opportunity for the Council to determine if a C-2 development will impact the neighborhood to a point where it compromises the neighborhood's integrity. Item Background: The Edelweiss Subdivision was annexed into the city in the early 90's to prepare for the planned development. A Master Plan was approved in 1992 and was amended in 1994. The plan showed a development that was largely single family with a mix of parkland, high density residential, and planned industrial to act as a buffer on the south side between the subdivision and the heavy industrial zoning further to the south. The western periphery showed retail commercial along Wellborn Road that directly backed up to single family, with the provision of buffer areas as justification for the adjacency. R&D buffers have been installed with the platting of the commercial properties. In 1996, the abutting property to the south of the subject tract was rezoned from C-3 to C-2 for a kennel. An R&D buffer was required of this development. Related Board Actions: The Planning and Zoning Commission reviewed this request on November 29, 2001 and recommexxproval of the rezoning. After several Edelweiss homeowners spoke against the rezoning, the Commissioners discussed how screening and buffering of the property would be accomplished. A draft of the meeting minutes is attached. Staff Recommendation: Staff had recommended approval of the rezoning at the P&Z meeting due to compliance with the Edelweiss Estates Master Plan, the Land Use Plan, the tract's access to Wellborn, new buffering requirements, and a previously approved C-3 to C-2 rezoning on abutting land. Council Action Options: 1. Approval of rezoning as submitted. 2. Approval with physical conditions that will mitigate negative impacts. 3. Denial. 4. Denial without prejudice (waives 180-day waiting period). 5. Table indefinitely. 6. Defer action to a specified date. Supporting Materials: 1. Location Map 2. Infrastructure and Facilities 3. Draft P&Z Meeting Minutes from November 29, 2001 4. Rezoning Ordinance I AGENDA ITEM NO. 3: Public hearing to consider a rezoning request for 3.5 acres in the Edelweiss Subdivision located on the northeast corner of the Wellborn Road and Mortier Drive intersection from C-3 Planned Commercial to C-2 Commercial Industrial. (96-117) Senior Planner McCully presented the staff report and stated that the applicant is requesting the rezoning in order to prepare the property for development as an animal boarding facility with associated uses such as animal grooming and perhaps future veterinarian offices. The C-2 district is considered a more intense zoning district because in addition to the uses allowed under the present C-3 zoning, the C-2 also permits uses such as theaters, restaurants, and retail as well as more industrial commercial type uses like warehouses and welding shops. Even though the applicant would be willing to submit to certain use restrictions, placing such restrictions on the property would be tantamount to "contract zoning". Therefore the City must consider all of the uses listed in that district rather than this specific use. From a planning and zoning viewpoint, the zoning is in compliance with the City's Land Use Plan for the area. Staff recommended approval with the condition that the buffer area be developed as is laid out in the R&D district and in keeping with the condition placed on the Master Plan and original zonings for this Edelweiss Subdivision. One call was received from the owner of the Villas of Rock Prairie concerned with the larger variety of uses allowed in the C-2 zoning district. Chairman Hawthorne opened the public hearing. Patricia K. Rogers of 1615 Emerald Lake Court in Houston approached the Commission and state that she is the Chief Executive Officer for B3 Properties. She read letters presented to the Commission in favor of the rezoning from Nancy Sawtelle and Dr. Michael Herron. Ms. Rogers thoroughly explained the proposed state of the art facility for the pet resort. She stated that they will make every effort to be good neighbors and agree with staff on the proposed buffer to help with noise abatement. There will be a 25' buffer between the resort and the adjacent residential area with berms and trees to help buffer the noise. Steve Arden, representative of the seller Begonia Corporation, stated that the concept being considered is so much more than a kennel which is allowed in the C-2 district. There are several uses allowed in C- 3 that are not as compatible with the neighborhood as the proposed pet resort. Mr. Arden stated that buffering requirements will be imposed by the seller as well as heavy architectural controls to ensure that noise abatement will be in place. Donna Winslow, the Chief Operations Officer for B3 Properties informed the Commission that extensive research was done on the noise abatement issue. The dogs will go inside at 9:00 p.m. at the latest and come out after 7:00 a.m. James Rogers informed the Commission that he spoke with several students at Texas A&M University and found that there is an interest for this type of facility in College Station especially on weekends and holidays. Mark Eslick of 2433 Colgate stated that he is an Animal Science major at Texas A&M. He stated that the proposed facility will offer students an opportunity to get the hands on experience needed to get into veterinary school. P & Z Minutes October 17, 1996 Page 5 of 8 O Barbara Grayhouse informed the Commission that she has known Donna Winslow for eighteen years and she has a top notch facility in her home. Ms. Winslow will do everything necessary to make this a top notch facility that fits in with the community. Chairman Hawthorne closed the public hearing. Commissioner Smith moved to recommend approval of the rezoning request for 3.5 acres in the Edelweiss Subdivision located on the northeast corner of the Wellborn Road and Mortier Drive intersection from C-3 Planned Commercial to C-2 Commercial Industrial with the staff recommendations concerning buffering. Commissioner Massey seconded the motion which passed unopposed (6 - 0). AGENDA ITEM NO. 4: Public hearing to consider a rezoning request for approximately 16 acres located in the southeast quadrant of the Texas Avenue and Holleman Drive intersection containing portions of the Pooh's Park Subdivision, from WPC Wolf Pen Creek Corridor to C-1 General Commercial. (96-116) City Planner Kee presented the staff report and stated that the particular property under consideration for rezoning is a tract with Texas Avenue frontage and frontage on the future Kyle extension. It has a large amount of creek frontage and is on the periphery of the WPC district at the upper end of the creek near the Texas Avenue / SH 30 intersection. Property owners have expressed concern over their ability to market the property and develop it for retail use under the WPC regulations. It is a large tract of land that is attractive to the big box retailer or shopping center. These business orient to major arterials and draw vehicular traffic to their sites from these adjacent roadways. It is not likely that this particular piece of property will be divided up into the kind of small commercial establishments envisioned to develop along the creek corridor. Allowing this property to develop oriented to Texas Avenue and without the architectural review of the WPC district will not harm the future implementation of the Wolf Pen Creek Master Plan as long as certain conditions are placed on this rezoning. Conditions should include those that would not preclude improvements to the creek and the minimum reservation area that are necessary to implement the plan. The best mechanism is a development agreement whereby the City has some assurance that this can occur, similar to the agreement executed for the Wolf Nursery project. A development agreement could also address other items such as the extension of Kyle through this property. Only half of the right-of-way will be coming from this tract and the City will be constructing the street at some future date. An agreement would tie down responsibilities in this matter. Staff recommended approval of the rezoning request with the condition that a development agreement be prepared and approved addressing drainage, erosion control and other master plan elements related to the creek and minimum reservation area. Commissioner Gribou questioned staff pertaining to examples of when the Design Review Board has prevented development within the area as opposed to enhancing the quality of the area. City Planner Kee stated that she knew of no development. The first project, Wolfe Nurseryproperty, developed in accordance with the Plan. examples where the Board discouraged or prevented was a learning experience for everyone; however, the Chairman Hawthorne opened the public hearing. P & Z Minutes October 17, 1996 Page 6 of 8 l Commissioner Hall suggested that the applicant install a door to the rear of the banquet room to allow immediate access to the rear parking area. The motion passed (4 - 1); Commissioner Hawthorne abstained. AGENDA rMM NO. 2: Public hearing to consider a City-initiated rezoning of the 200 acre College Station Business Park located on the east side of State Highway 6, approximately 2400 feet south of the intersection of Greens Prairie Road and State Highway 6, from A-O Agriculture Open to M-1 Planned IndustriaL (92-105) Senior Planner Kee presented the staff report and recommended approval of the proposed rezoning. The thoroughfare plan shows Spearman as a minor arterial and another minor arterial is shown generally through the most southern portion of the property. A recent Traffic Impact Analysis of the Pebble Creek Subdivision indicated that a more appropriate location for an east/west minor arterial would be further to the south. Staff agrees that an alignment intersecting with either Nantucket Drive or Snug Drive would be a better spacing. This initiated rezoning will enable businesses interested in locating in the City's Business Park to do so without having to go through a two month rezoning process. The M-1 Planned Industrial district is designed for light manufacturing, non-polluting industries. Plant exteriors and construction materials, site design and layout, facades, lighting and apparent architectural aspects are subject to review by the Project Review Committee. Depending on the character of a specific project this district is designed to be compatible with adjacent land uses. The other available industrial district is designed for activities which generate nuisance characteristics and are not compatible with residential or lower intensity commercial land uses. As properties develop in the business park, it may become necessary to come back and utilize additional zoning districts, but as a general application, M-1 is best suited based on what we know at this time. Vice Chairperson Colson opened the public hearing. Seeing no one present to speak in favor of or in opposition to the proposed rezoning, he closed the public hearing. Commissioner Hawthorne expressed concern of Spearman Drive being the major ingress and egress to Pebble Creek and possible truck traffic from the Business Park. Assistant to the City Engineer Morgan stated that she does not think that the increased traffic has been addressed; however, the developers of Pebble Creek are very aware of the proposed industrial zoning. Commissioner Hawthorne moved to recommend approval of the proposed rezoning request of the 200 acre College Station Business Park from A-O Agriculture Open to M-1 Planned Industrial. Commissioner Mariott seconded the motion which passed unopposed (5 - 0). AGENDA ITEM NO. 3: Master Development Plan of Edelweiss Estates and Rock Prairie Estates. (92-305) Senior Planner Kee presented the staff report and recommended approval of the overall general plan concept. Development policies relating to land use relationships suggest avoiding placing general commercial and industrial land uses adjacent to low density residential land uses. This plan places commercial uses adjacent to single family residential uses but is proposing landscape easements as a way to help buffer any negative impacts. The plan also is proposing to place district boundaries along back of lot lines so that residential and commercial activities face away from each other as is encouraged by our development policies. The proposed depths for the commercial districts along Wellborn and along the south side of Rock Prairie are generally maintained at 400 feet. The depths of the proposed commercial districts along the north side of Rock Prairie are less than policies state (are generally 300 feet). P&Z Minutes May 21, 1992 Page 2 Senior Planner Kee added that this may not provide for adequate on-site circulation which is particularly important considering the City Access Management Police (soon to be ordinance) which will limit the number of access points to Rock Prairie Road. The M-1 district may be compatible with all adjacent land uses depending on the particular project and its design. Development in M-1 requires additional review of architecture and other aesthetics that are not required in other zoning district. The developer is proposing a park location in the southern portion of the subdivision. The park site is located so as to buffer the residential areas from the industrial uses along Graham Road as are the locations chosen for the multi-family land uses. The Parks Board has approved this dedication. The proposed abandonment of Arnold Road is a good location for green space combined with pedestrian and bicycle ways and the staff is working with the developer on the particulars. The developer is encouraged to provide movement for bicycles along Victoria for access to the elementary school. Discussion concerning the abandonment of Arnold Road as a right-of-way for cars led to the idea of also using this area for pedestrian and bicycle traffic to gain access to the Junior High School and as a way to link the proposed park with the two schools and Westchester Park. The traffic impact studies show that a substantial amount of traffic will be generated by these two developments. However, the planned internal street systems for the developments will provide internal circulation and accessibility to surrounding thoroughfares. The study suggests the abandonment of a section of North Graham Road to prohibit the movement of nonresidential traffic through the neighborhood. Staff agrees that this through movement should not necessarily be encouraged but there should be provisions for it to occur. This provision is made with the street system as it is designed and presented at this time. Through movements are possible to both Wellborn and Rock Prairie although not direct routes. Similarly, the study also suggests the abandonment of a section of Arnold Road for the same reasons. With this abandonment staff recommends a connection between Schaffer and Victoria in Phase A-1 to provide for east- west movement. Generally the plan complies with the City's Thoroughfare Plan. The plan is generally compatible with surrounding land uses and zoning districts. The following are concerns on the part of staff relative to the City's Development Policies: (1) less than minimum depth of 400 feet for the proposed commercial districts located along the north side of Rock Prairie; and, (2) adjacency of commercial and §ingle family land uses and buffering provisions. Staff recommends approval of the overall general plan concept. As the plan progresses to the master preliminary plat stage and zoning stage, all presubmission comments should be addressed as well as the depth of the commercial districts and the buffering concept. Commissioner Hall expressed concern of the proposed zoning of the plan and will vote against the plan. He questioned why C-B zoning was shown in areas that should be single family residential. He stated that he is opposed to placing commercial development along a street leading to two schools and a hospital. He added that no one would want to build next to the proposed oil well site. Sidewalks are needed in this area especially along streets with 60' of right of way. Vice Chairperson Colson explained that typically with a drilling operation in a residential area, there is some kind of screening provided. He questioned staff with regard to the detention areas. Assistant to the City Engineer Morgan stated that the site drains into approximately three different tributaries; thus multiple detention areas are required. Applicant Steve Arden approached the Commission and explained that there will be no access from Welsh primarily because they do not own the land. Maintenance of the drainage detention areas will be the responsibility of the homeowner's association. P&Z Minutes May 21, 1992 Page 3 Mr. Arden stated that Parks Director Beachy has anticipated concerns by homeowners with regard to sidewalks and bikeways to access the two schools. The developers agree with staff that sidewalks should be provided to gain access to the schools; however, the point of disagreement is the proposed residential adjacent to commercial development. Intense commercial uses are not desired in this area; however, commercial developments such as the ones near Chimney Hill are desired. Mr. Arden stated that he preferred a 15' buffer area for parking and a 63' access way and privacy fence separating the commercial and residential areas. The developers are planning deed restrictions and separate ownership for maintaining the proposed landscaping. These deed restrictions will address uses, types of buildings, signage, etc. If an oil well is drilled, it will probably be located on the west side of Rock Prairie Road; more information will be available in four months. Commissioner Hawthorne stated that his only concern is the M-1 zoning located near R-1 single family zoning. He moved to recommend approval of the master development plan with the condition that City Council take into consideration the proposed M-1 zoning and its proximity to residential zoning. Perhaps conditions could be attached to the M-1 zoning so that it could be utilized by the University. Commissioner Mariott seconded the motion. Commissioner Hall stated that the proposed commercial zoning should be limited to the area along Wellborn Road. He suggested that the applicant review the plan and take into consideration the Commission's concerns and resubmit the plan. Vice Chairperson Colson stated that he is concerned with the lack of adequate width of Rock Prairie Road. The original motion to recommend approval with the condition that City Council consider the outlined zoning conflicts passed (4 - 1); Commissioner Hall voting in opposition to the motion. AGENDA ITEM NO. 4: Reconsideration of an amendment to ordinance number 608 of the College Station Code of Ordinances pertaining to driveway access location and design. (92-816) Transportation Planner Hard presented the ordinance amendment pertaining to driveway access location and design. The proposed ordinance amendment will set driveway location and design guidelines in order to allow for improved traffic safety and efficiency on city thoroughfares. It is geared primarily for commercial driveways but does address residential drives to a lesser extent. Importantly, the ordinance includes provisions that could require major developments to pay for all or part of traffic signals and/or right turn lanes associated with their sites. The driveway access ordinance was presented to the Commission last November for review and commend only. Last month, it was presented to the Focus Group on development ordinances on two occasions and was discussed and evaluated at length. The Focus Group found no major objections to the content of the proposed ordinance amendment. Staff is now seeking a formal recommendation from the Planning and Zoning Commission. Vice Chairperson Colson suggested that page seven be clarified to include definitions prior to City Council consideration. Commissioner Mariott questioned staff as to the flexibility of shared access agreements. City Engineer Pullen stated that shared access agreements are usually considered at the time of platting so they can legally be addressed at that time. Commissioner Hall moved to recommend approval of the proposed ordinance amendment pertaining to driveway access location and design with the changes outlined by Vice Chairperson Colson. Commissioner Mariott seconded the motion which passed unopposed (5 - 0). P&Z Minutes May 21, 1992 Page 4 bflNUTES CITY COUNCIL WORKSHOP MEETING WEDNESDAY, JUNE 1% 1992 4:00 P hL COUNCII.MEMBERS PRESENT: Mayor Ringer, Councilmembers Brown, Schneider, Gardner, Kennady COUNC IAEMBERS ABSENT: Councilmembers McIlhaney, Crouch STAFF PRESENT: City Manager Ragland, Assistant City Manager Woody, Assistant City Manager Brymer, Executive Director of Fiscal/Human Resources Scroeder, City Attorney Locke, Development Services Ash, City Engineer Pullen, Public Information Officer Calliham, Asst. PARD Director Ploeger, Forestry Superintendent Albrecht, Asst. Director of Public Services Smith, Planning Technician Thomas, Project Manager Keating, .Project Manager Mullins, Senior Planner Kee, City Planner Callaway, Transportation Planner Hard, Development Coordinator Volk, Water/Wastewater Superintendent Riley VISITORS PRESENT: See guest register Senior Planner Kee presented this item. She explained that the proposed use is for a residential subdivision with commercial, multi family and some planned industrial uses along the perimeter. The proposed subdivision consist of 292 acres. Mayor Ringer presented former Councilman Dick Birdwell with a recognition plaque for his service to the council for the years 1988-1992. The meeting was called to order at 4:05 p.m. Councilman Gardner commented he had corrections to the minutes. Agenda Item No. 2 - Discussion of a master develo went bm of the Rock Prairie Estates and Edelweiss Estates subdivisions located gkneralfy on the north and south sides of the future westward extension of Rock Prau7e between Welsh and Wellborn. A_ pplicant is Begonia Corporation. The major issues staff identified is the land uses, parkland and roadway. Staff is concerned with the amount of commercial property which fronts Rock Prairie Road and some of the development policies as related to commercial property. The second issue is the parkland which the Parks Board approved the dedication of five to seven acres. City Council Workshop Meeting Page 2 Wednesday, June 10, 1992 The third issue is the roadway, the abandonment of Arnold Road and North Graham Road and the unimproved portion of Victoria. The Planning and Zoning Commission recommended that the single family zoning of the first phase should be contingent upon the improvement of Victoria which will provide access to the subdivision. Staff would recommend that improvements take place prior to zoning being effective or an agreement be in hand that specifies that the improvements will take place at some point in time. Another issue that staff identified is subdivision phasing. The developer is proposing to build the Edelweiss Estates first and thereafter the Rock Prairie Estates, which would include building the extension of Rock Prairie Road in anticipation that the city would build Rock Prairie Road first as a part of the bond program. Staff feels the Rock Prairie extension should be a project of the developer and constructed concurrently with or after the portion that Myrad has committed to build. Ms. Kee briefly mentioned the landscape buffers and that these buffers will be maintained by the commercial property owners that develop in this area. Staff recommends that the commercial district proposed on the north side of Rock Prairie be increased to gain compliance with our policies and that-the amount of commercial frontage on Rock Prairie be reduced. Staff and the Parks Board recommend that the city accept the dedication and the location that is proposed along with the detention area. The plan also calls for the abandonment of Arnold Road. Ms. Kee also stated that the developer should improve the unpaved section of Victoria and should be conditioned upon his receiving zoning more intense than the A-O zone and the city should consider participation in the terms of oversized participation on Victoria. The city should implement our thoroughfare plan by guaranteeing through a development agreement that we will move to purchase the right-of-way and construct the extension of Victoria through to South Graham Road. The terms of the subdivision would be to recommend that Rock Prairie Road be extended by the developer, but the timing is negotiable and would depend upon the completion of Myrad's portion and the abandonment of North Graham Road not be done until this extension is complete. Councilman Brown expressed concerns on the number of curb cuts along Wellborn Road. Councilman Gardner expressed concerns with regards to a possible strip center along two sides of Rock Prairie and Wellborn Road. Councilman Brown, Gardner and Kennady stated concerns on the depth of commercial use along Rock Prairie not meeting our requirements. Steve Arden representing the developer came forward to answer any questions the council may have concerning this item. He explained the zoning requested for this development. Councilman Brown explained that he does not have a problem with Wellborn Road being zoned commercial, but he feels that Rock Prairie Road should be zoned A-P. Other councilmembers agreed. City Council Workshop Meeting Page 3 Wednesday, June 10, 1992 .I Mayor Ringer summarized the council preference on various issues. The council provided staff guidance in these areas. (1) Agree on land use buffers between commercial and single family residential which will provide a sound and sight barrier. Councilmembers asked staff to provide a list of different buffers appropriate for this area. (2) Development Policies - Commerical zoning along Rock Prairie Road is the best use, but some discussion was held on A-P zoning. (3) Parkland is appropriate. 4 Arnold Road abandonment is appropriate and to encourage its use of pedestrian and bikeways to access the schools. (5) Victoria Street - Presently unpaved. General consensus is to require the portion of the street paved with an agreement to extend this street toward the south. Staff recommends that the city acquire the right-of-way on 600 ft. portion of this roadway and incur the cost of paving. Staff recommends that upon condition of the rezoning the remaining portion needs to be paved. The question is who pays for the construction cost. Mayor Ringer suggested an assessment program. Councilman Kennady supported the assessment program and its benefits to the city and developer. (6) Rock Prairie Extension - Mr. Arden responded that the staff's recommendation would deter extension of Rock Prairie Road rather than encourage this extension. The cost may be too great a burden during the first four phases of development. Also, timing is a major factor. Discussion was held on the financial factors to the developer and/or city for the cost of extending of Rock Prairie Road. Mayor Ringer asked staff and the developer to work together to develop an agreement for construction of extending Rock Prairie Road that protects the city and fair to the developer. (7) Bikeways are appropriate. Steve Arden thanked the Council for their time spent on this item. Mr. Hard presented a slide presentation and reviewed the major changes in the ordinance. City Engineer Pullen and City Attorney Locke presented this item. City Attorney Locke noted changes in the development agreement. Transportation Planner Edwin Hard presented this item. He explained that the new ordinance modifies the existing 1987 policy and also the section relating to drive spacing with location and design. Councilman Schneider asked Mr. Hard about different situations with the spacing of driveway access for some of the businesses along Texas Avenue existed before this ordinance was effective. Mr. Hard replied that with the upcoming Texas Avenue widening project there may be opportunities for the city to go in and close some of these driveways and perhaps to install some medians. City Council Regular Meeting Page 5 Thursday, June 11, 1992 Mayor Ringer opened the public hearing. No one spoke. Mayor Ringer closed the public hearing. Menda Item No. 5 - Consideration of an ordinance relatim to the above item. Councilman Kennady moved to approve Ordinance No. 1962 to rezone 200 acres on the east side of SH 6 bound on the north by Spearman Drive and approximately 2400 feet south of the intersection of Greens Prairie Road and SH 6 from A-O Agricultural Open to M-1 Planned Industrial. The motion was seconded by Councilman Brown which carried unanimously, 5-0. The motion was seconded by Councilman Schneider which carried unanimously, 5-0. Mr. Doug Stovall addressed the Council on this item. He thanked the council for the opportunity to speak. Mr. Stovall pointed out his property located on the map provided. He read the statement provided to the council prior to the meeting. He discussed two options to the planned extension of Central Park Lane. Mr. Stovall pointed out that he intends to build a boarding house on this property. He presented appraisal values of the property. He encouraged the council to consider one of these two options presented. Councilman Brown stated that the city should buy similar property and exchange with Mr. Stovall for his property. Mayor Ringer pointed out that this property is not platted. He added that it was the intent of previous councils to extend Central Park Lane. Senior Planner Kee addressed this item. This request is made to anticipate increased interest in the city's 200 acre business park. Councilman Brown moved to approve the master development plan with changes outlined at the council workshop meeting. Mayor Ringer reviewed the councils consensus. These items were noted in the workshop meeting minutes. City Council Regular Meeting Page 6 Thursday, April 8, 1993 Councilman Crouch explained that the above motion may place an unfair burden on the property owners. Councilman Crouch made an amended motion to delete three of the conditions in the original motion listed below: 1 - Annual review of permit 2 - 50 ft. buffer zone 3) - fence located along the property of the child care. No second was made. Councilman Gardner commented about the lighting at the nightclub and questioned if the lighting might disturb the neighbors. Councilman Schneider stated that he attended the Planning and Zoning Commission to hear this item. He supported the Commissioner's vote and opposed the motion by Councilman Kennady. Mr. Schneider further commented that it is difficult to understand why the City should go to the extreme to place all these conditions on the property in order to remedy something that should not happen in the first place. Councilman Mcllhaney stated that she did not hear any sound outside the building. She did not approve of a nightclub in the residential area; however, she was satisfied with the conditions specified in the motion and hoped #hat the business will do their best to work with the neighbors to provide security for them. Mayor Ringer began restating the conditions imposed by the motion. He suggested that the condition for a stockade fence at the property line of the child care center be replaced by the condition that the owners install and maintain suitable vegetated screening. Mr. Thornton remarked that the applicants do not own this property. Councilman Kennady added to his motion as suggested by Mayor Ringer. Councilman Gardner stated that he does not feel these conditions are necessary, the nightclub should not be located at this site. Councilman Schneider expressed his opposition to the nightclub in this residential neighborhood. Mayor Ringer restated the motion. The motion to approve the conditional use permit with the nine conditions discussed above passed by a vote of 5-2, Councilman Gardner and Councilman Schneider voted against the motion. Agenda Item No. 6 - Public hearing and consideration of an ordinance rezoning 199.6 acres from A-O Agricultural Open to R-1 Single Family, 1206 acres to A -P Administrative Professional 13.29 acres to C-1 General Commercial 15.70 acres to C-3 Planned Commercial 4.31 acres to C-2 Commercial Industrial and 24.71 acres to R-5 Apartrnerrts Medium Density (Edelweiss Estates and Rods Prairie Estates Subdivisions Senior Planner Jane Kee explained that the master plan of Edelweiss Estates and Rock City Council Regular Meeting Page 7 Thursday, April 8, 1993 Prairie Estates were approved June, 1992. The zonings are necessary to continue the implementation of the master plan. Staff and Planning and Zoning Commission recommended approval. Mayor Ringer opened the public hearing. Steve Arden spoke in favor of the requested rezoning. Mayor Ringer closed the public hearing. Councilman Schneider made a motion to approve Ordinance No. 2006. The motion was seconded by Councilman Crouch which carried unanimously, 5-1, Councilman Gardner voted against with Councilman Brown absent. Agenda Item No. 7 - Public hearing and consideration on proposed Amendment 3 to the 1992-93 Annual Budget. Budget Director Charles Cryan explained to the Council that the budget amendment is for allocation of funds to the General Fund in the amount of $240,000. The funds were originally appropriated last year for the Carters Grove project. It was delayed in order to replace the water and sewer lines before the street construction. The project will soon be considered by the council at a future meeting. Mayor Ringer opened the public hearing. No one spoke. Mayor Ringer closed the public hearing. Councilman Crouch made a motion to approve Ordinance No. 2007. The motion was seconded by Councilman Mcllhaney which carried unanimously, 7-0. Agenda Item No. 8 - Hear Visitors John Walter, a resident of the Raintree subdivision thanked the Council for their time and effort in the discussion of the Walmart rezoning and land use issues. He urged the council to continue their discussions of the land use plan. Mayor Ringer stated that it is the intent of the council to review the land use plan in its entirety. Councilman Crouch thanked Mr. Walter regarding his letter to the Eagle. Agenda Item No. 9 - Executive session to discuss pending litigation [6252 17(2)(e)1 Tony Sullivan. The council moved to closed session in the training room at 9:25 p.m. Agenda Item No 10 - Action on closed session The council reconvened into open session at 9:35 p.m. No action was taken. Regular Meeting Page 7 Wednesday, November 20, 1996 Agenda Item No. 7(d) Public hearing and consider rezoning request of 3.5 acres located in the Robert Stevenson Survey on the northeast corner of Wellborn Road and Mortier from C-3 Planned Commercial to C-2 Commercial Industrial (96-117). Senior Planner Sabine McCully presented a staff report on this item. Planning and Zoning Commission recommended approval. Mayor Mcllhaney opened the public hearing. Patricia K. Rogers of 1615 Emerald Lake Court in Houston approached the Council to explain the intended use of the property as a pet resort. Mayor Mcllhaney closed the public hearing. Mayor Pro tem Kennady expressed concern about Eloise level and its impact on surrounding neighborhoods. Discussion was held on the buffer requirements in this zone and the applicant's willingness to build buffers to ensure noise abatement. Councilman Birdwell moved adoption of Ordinance No. 2223 to rezone property from C-3 Planned Commercial to C-2 Commercial Industrial with the condition that the buffer area be developed as is identified in the Research and Development District and in keeping with condition placed on the Master Plan and original zonings for the Edelweiss Subdivision. Councilman Martin seconded the motion which carried 6-1, Mayor Pro tem Kennady voted against due to the concern of noise. Agenda Item No. 7(e) Consider terms for entering into a development agreement With Integroup, Inc. for participation in the development of infrastructure associated with the development of West Luther/Jones Butler Rd. Jim Callaway presented the history of this item and recommended $200,000 in oversize participation toward infrastructure improvements in 1997 with TIF fund reimbursements for infrastructure development limited to $50,000 per year for three years or a total participation of no more than $350,000.