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HomeMy WebLinkAbout00071990 Commissioner Floyd asked that paragraph one from page two of the minutes is struck. Commissioner Floyd moved to approve the minutes with this change. Commissioner Parker seconded the motion, which passed unopposed 5-0. AGENDA ITEM NO. 3: Public hearing and consideration of a Conditional Use Permit, use only for a religious facility, Brazos Community Church to be located at 700 University Drive East, Suite 110-A. (99-727) Staff Planner Anderson presented the staff report and explained that on January 6, 2000, the Commission heard and approved a use only, Conditional Use Permit for the religious facility. The Use Permit was approved on the condition of a time limit to run concurrently with the existing lease and ending when the lease is terminated, not to exceed 3 years. Due to an error in the notification process, the item was brought back to satisfy and ensure the public hearing requirements. The 200' notification boundary was drawn out from only a portion of the University Village Shopping Center that did not contain the located on the proposed facility. The corrected notification boundary included approximately 20 additional residences that were not notified for the first meeting. Ms. Anderson briefly went over the original staff report and asked if there were any questions. Acting Chairman Horlen opened the public hearing. Seeing no one present to speak in favor of or in opposition to the request, the public hearing was closed. Commissioner Kaiser moved to approve the use permit, with the original condition of a time limit to run concurrently with the existing lease and ending when the lease is terminated, not to exceed 3 years. Commissioner Warren seconded the motion, which passed unopposed 5-0. AGENDA ITEM NO. 4: Public hearing and consideration of a Conditional Use Permit, use only, for First United Methodist Church to be located on 5 acres, approximately 400 feet south of Rock Prairie Road and 130 feet east of the Highway 6 frontage Road. (00-1) Staff Planner Jimmerson presented the staff report and explained that the property is currently zoned A- O Agricultural Open and is surrounded by A-O on the east, west and south, and C-2 to the north. The Land Use Plan shows this area as Medium Density Single Family Residential. This site plan will need to return to the Commission for approval. The applicant is aware that the Commission may impose additional site restrictions and requirements to mitigate possible negative impacts of the use. These conditions maybe imposed either with the use only request or at the time of site plan approval. The tract is currently unplatted and will require preliminary platting of the parent tract as well as final platting of the subject tract. All infrastructure issues will have to be addressed through the platting process. Ms. Jimmerson stated that unless the public hearing brings to light any new information indicating potential negative impacts, Staff would recommend approval. Commissioner Kaiser asked for more information regarding the private access easement. Ms. Jimmerson said that during the platting process it is required that access to the property is addressed (including the possibility of upgrading the current access to City standards). The existing access easement is located off the frontage road along the northern boundary of the property (the entire length of the property. Commissioner Floyd asked if this property would fall into one of the special area studies researching zonings in certain areas of the City. Ms. Jimmerson responded that this property would fall into the Highway 6 corridor study, which has not been approached. She also reminded the Commission that churches are allowed in any zoning district as a conditional use. Acting Chairman Horlen opened the public hearing. Mr. John Thornton, 2514 Faulkner Street, explained that his property shares the existing access. He is concerned with an existing water line that is located along the access. There is currently cattle on the properties around this tract. He pointed out that fencing is an issue. He was present to find out how some these issues would be resolved. He also wanted to find out how often the church facility would be used during the week and what types of activities would be held. Clarence Thomas was present to represent the Church. He said that the facility is proposed to be approximately 6,242 square feet, with a seating capacity of 210. Following the parking requirements, a ratio of one space per 3 members was used to determine 70-80 spaces were needed for this facility. There would be services held on Sundays from 9:00 a.m. until around 1:00 p.m., some Sundays there will be evening services (from around 3:00 p.m. to around 6:00 p.m.). Services would be held up to four or five evenings throughout the week lasting around two or three hours. Acting Chairman Horlen closed the public hearing. Commissioner Warren moved to approve the use only request. Commissioner Kaiser seconded the motion for discussion purposes. Commissioner Floyd asked for the veteran Commissioners' views on allowing activity in this area in the absence of a corridor study, which seems to have been an item of concern with the Commission for years. He compared this with the issue of a rezoning request on Highway 30 and the desire to initiate the special area study prior to approving any new rezonings. Commissioner Parker said that his perspective is that since churches are allowed as a conditional use in any zoning district, with the questions addressed of any potential negative impacts on surrounding properties, he did not have serious concern. Commissioner Kaiser was concerned with access and long-term use in this area. His concern was with the access issue impacting the adjacent property owners. He said that the Commission has to make an affirmative finding that the proposed use would not be detrimental to the health, welfare, and safety of surrounding neighbors. He said that he had not seen enough information to determine whether or not this use would not be detrimental to the surrounding properties. Commissioner Warren said that there are a number of churches along this Highway 6 corridor that are as close as this church to the access road. She felt that having churches along a corridor into the City would be a positive asset to the City. Acting Chairman Horlen asked about the anticipated timing of the Rock Prairie Road realignment. Transportation Planner Hard said this was approved as a Capital Improvements Project (CIP), and he was not sure when the realignment would be completed, but the City was currently working on right-of- way acquisition. Commissioner Parker asked if the Commission granted the permit for this property, whose responsibility would it be to upgrade the existing access, if it is determined that this is needed to meet regulations. Mr. Hard explained that the cost would come from the applicant and would be reviewed during the site plan process, and that there would also be fire lane requirements that would need to be met. Commissioner Kaiser felt that approving any type of use for this area without a vision could be detrimental to the City in the future. He clarified that churches, in his view, were not inappropriate uses in such areas, but he felt concerned with approving any type of use until a study has been completed to determine appropriate uses for the area. Commissioner Floyd did not feel this use was inappropriate for the area, but was concerned with configuration and impacts of this use. Acting Chairman Horlen said that the Ordinance requires the Commission to affirm that the use would not be detrimental, and he did not feel that this could be determined until a study has been completed. Acting Chairman Horlen called for the vote on the motion to approve the use, and the motion failed 1 - 4; Commissioner Warren voted in favor of the motion. Commissioner Kaiser moved to deny the request. The motion to deny died due to lack of a second. Commissioner Kaiser moved to table the item. Commissioner Floyd seconded the motion. Mr. Clarence Thomas (the applicant) asked permission to approach the Commission, Acting Chairman Horlen granted this request. Mr. Thomas said that he understood the concerns of the Commission, in which similar concerns were directed for their previously considered site on Wellborn Road. He stressed that the church was on a time schedule for this location and needs to get going on a new location. He said that once the use is permitted, the church intends to purchase the land and have the architect begin on drawings. Staff Planner Jimmerson asked the Commission to elaborate on the reasons they are tabling the item to allow additional information to be gathered before the item returns to the Commission. Commissioner Kaiser said that his basis for tabling this item was to address the access elements in aspect to the impact on adjacent properties and the linkage back to Rock Prairie Road. He asked that if staff could provide this information in cooperation with the applicant. Acting Chairman Horlen expressed the same concerns as Mr. Kaiser and has strong feelings that the applicant needs to know about possible access concerns and problems before the platting process so the applicant can avoid investing too much money into a project that may not work for them. Commissioner Parker agreed with these comments. Acting Chairman Horlen called for the vote, and the motion to table the item passed 4-1; Commissioner Warren voted in opposition to the motion. AGENDA ITEM NO. 5: Public hearing and consideration of a Conditional Use Permit, for a medical clinic, InnerWisdom Counseling Centers to be located at 1726 Harvey Mitchell Parkway South. (00-2)