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HomeMy WebLinkAbout00072119 Commissioner Rife moved to approve the Final Plat with the requested variance and with the condition that any further platting activity on the parent tract be proceeded by appropriate preliminary platting. Commissioner Garner seconded the motion which passed unopposed (6-0). AGENDA ITEM NO. 3: Consideration of a request for the use of gasoline pumps on a lot in a C-N Neighborhood Commercial zoning district, located on the southwest corner of Southwest Parkway and Dartmouth. (98-821) Senior Planner McCully presented the staff report. She explained that the convenience store would be permitted in this zoning district, but the Commission would need to decide if the gas pumps could be authorized under the provision that states "other uses to be determined by the Commission". The total building would be divided into lease spaces that would meet the square foot maximum of each individual use. Commissioner Maloney asked if the hours of operation could be limited. Ms. McCully said that any potential negative impacts would need to be mitigated (i.e. lighting parking, etc.), but she did not feel the hours of operation would be included, she said that she would check with the legal department. The Commissioners expressed their desire to have adequate buffering between the development and the R-5 zoning. Mr. Parviz Vessali, representing the owner, said that this development would be similar in size to the existing convenience store at Holleman and Welsh. He explained that the current drainage problems would have to be resolved prior to designing the buffers. Commissioner Maloney moved to approve the request. Commissioner Rife seconded the motion which passed unopposed (6-0). Commissioner Maloney expressed his desire to have the buffering presented at the time of site plan. M The Commissioners agfeed that this development was a neighborhood type development that should be approved. Commissioner Parker moved to amend the original motion to consider the buffering at the time of site plan consideration. Commissioner Rife seconded the motion which passed unopposed (6-0). AGENDA ITEM NO. 4: Reconsideration of a Preliminary Plat of The Gateway, approximately 75 acres, divided into 6 C-B and R-5 zoned lots located on the northwest corner of the University Drive and Highway 6 including the Glenhaven extension (tabled by the Commission on November 5, 1998.) (98-327) Commissioner Garner made the motion to remove the item from the table for reconsideration. Commissioner Parker seconded the motion which passed unopposed (6-0). City Planner Kee presented the staff report. She reminded the Commissioners that this item was tabled due to extensive concern from the residents in the Glenhaven Subdivision. The residents who spoke at the last meeting were all concerned with increased traffic and the quality of life issues in their P&ZMinutes November 19, 1998 Page 2 of4 r not subject to their provisions. The replat is not considered a minor plat because a public electrical line must be extended to satisfy the Subdivision Regulation that all lots must have access to public utilities. Therefore the plat is subject to review by the Planning & Zoning Commission rather than staff review. The applicant is requesting one additional single family lot, which triggers the public hearing requirement and will require a parkland dedication fee to cover that additional lot. If the Commissioners find that the final plat complies with the Subdivision regulations and all other applicable codes, complies with the Comprehensive Plan, and provides adequate infrastructure, then the plat should be approved according to state statute requirements. Staff reviewed the plat and found compliance with all applicable requirements and recommends approval of the plat as submitted (all review comments were addressed on the revised plat). Ms. McCully explained that there were some calls from surrounding property owners in which they were opposed to density as shown on the plat. Chairman Rife asked if the applicant met all current lot size minimums on this proposed plat. Ms. McCully clarified that the shown lot sizes on the proposed plat meet the current ordinance requirements. Chairman Rife opened the public hearing. Mr. Charlie Szabuniewicz, the developer of the property, said that he was very sensitive to single family residences. He offered to answer any questions posed by the Commissioners. Chairman Rife closed the public hearing. Commissioner Floyd moved to approve the final plat as submitted. Commissioner Warren seconded the motion. Commissioner Warren expressed her concern that the use would impact the adjacent property owners. Chairman Rife called for the vote, and the motion to approve the final plat passed 4-2; Commissioners Warren and Mooney voted in opposition to the motion. AGENDA ITEM NO. 4: Public hearing and consideration of a Conditional Use Permit, site plan and use, for a convenience storelgas station, Eason @ Dartmouth Crossing, to be located at 2500 Dartmouth Drive. (00-8) Staff Planner Anderson presented the staff report and stated that the proposal was to construct a 5,605 square foot convenience store and an eight (8) pump gas station at the southwest corner of Dartmouth Drive and Southwest Parkway. The property is currently zoned C-N Neighborhood Business. Convenience stores and gas stations are not expressly permitted in a C-N district, but may be allowed under the provision listed "other uses to be determined by the Commission." All uses permitted in the C-N district must have their use, location, and site plan approved by the Commission. In November 1998, the Commission approved the conceptual site plan and use permit. However, since no building permits were pulled within 12 months of the previous approval, the November 1998 conditional use permit has expired. Except for the professional office located to the west, developed or zoned residential districts surround the subject property on all sides. The abutting property to the south is currently an undeveloped R-5 Apartment Medium Density tract. Ms. Anderson explained that Neighborhood Business uses must meet the intent of the C-N district. The Zoning Ordinance defines the P&ZMinutes February 17, 2000 Page 2 of 8 purpose of this district as, providing small commercial sites for residential convenience goods and personal service businesses. No use shall be allowed which would adversely affect the health, safety, welfare, or residential character of the neighborhood. The use shall be a low traffic generator and shall not create any noise, light, or odors abnormal to the neighborhood." The use must comply with the surrounding area that it serves. Chairman Rife asked if there could be restrictions on the hours of operation. Assistant City Attorney Ladd said that the Commission could place restrictions on the hours of operation. Mr. Rife also asked if the original conditions (from the review in November 1998) would be placed on this if approved. Ms. Anderson said that the Commissioners would need to specify that they intended for the original conditions to be placed on this review. Chairman Rife opened the public hearing. Mr. Rabon Metcalf, Municipal Development Group, stated that he was representing the applicant and would answer questions from the Commissioners. He reiterated that a Conditional Use Permit for this exact project was approved in November 1998, but time lapsed since no building permits were issued within the 12-month time period. He said that the proposal was for a convenience store, gas station, dry cleaners, and a small carryout deli. There was a question to staff from some Commissioners regarding the traffic generated at this site and what general traffic counts were usually used for convenience stores. Transportation Planner Hard pointed out that convenience stores were considered more of a "capturing site" rather than a generator of traffic. Gas stations and convenience stores usually attract traffic already traveling on the streets, it is highly rare that additional traffic would visit this site unless they currently travel the street. Mr. Parvis Vessali, 110 Pershing, explained that he was the developer for the project. He said that the proposed site plan was the same as the plan reviewed in November 1998, with the exception of some minor changes and additional parking. Commissioner Warren expressed her concern with the lighting of the facility and the signage and their effects on the surrounding residential areas. Mr. Vessali said that the lighting from this site would not impact the surrounding properties any more than the existing street lighting. He also expressed his concern that there would be some type of commercial development at this tract because of it's C-N zoning. Ms. Anderson said that in C-N districts, the signs are required to be attached to the buildings; no freestanding signs are allowed. Commissioner Horlen asked what the anticipated number of cars visiting the facility and amount of gas to be sold had been discussed. Mr. Vessali said that this would vary depending on the time of day and time of year. Chairman Rife closed the public hearing. Commissioner Parker moved to approve the Conditional Use Permit. Commissioner Mooney seconded the motion. M Minutes February 17, 2000 Page 3 of 8 Commissioner Warren expressed her concern with a gas station located this close to single family. She felt that there were other retail uses that would not impact the residential as much. Commissioner Parker said that this type of use would be convenient to the residents in the surrounding residential areas. Some Commissioners felt this use did not meet the "substantially burden" test (as discussed by the Legal staff in the Workshop held earlier). Some felt that the use would adversely affect the surrounding property owners and it would impact on traffic. Other Commissioners did not see evidence that additional traffic would be generated, in which there would be an impact to the surrounding properties, and felt this location was a logical place for this type of use. Commissioner Parker said that there is always a possibility of increased traffic with any type of development, and this is a risk that sometimes has to be taken. He said that the question to be answered is whether or not this use is compatible with the location and surrounding property developments. Commissioner Mooney said that he wished the adjacent property owners would have come to the meeting to express their concerns (if any). He did not feel that this use would add to the existing traffic, but did feel that this use would be "convenience" for the neighborhood. Commissioner Warren wanted everyone to realize that this location is at a rather busy intersection, and although the site plan meets ordinance requirement there may still be a congestion problem. Chairman Rife called for the vote, and the motion to approve the permit failed 3-3; Chairman Rife, Commissioners Parker and Mooney voted in favor of the motion, and Commissioners Warren, Floyd, and Horlen voted in opposition of the motion. AGENDA ITEM NO. 5: Public hearing and consideration of a Final Plat for the Brentwood Subdivision Lots 18R and 2R, Block 2 located between Brentwood Drive and Southwest Parkway. (00-15) Staff Planner Jimmerson presented the staff report and stated that the subject property was zoned C-1, and is shown on the Land Use Plan as Retail Regional. The Thoroughfare Plan does not show any streets on this tract. Lot 2R is developed and has two access points to Southwest Parkway, one is a joint access with the property to the west. The rear of Lot 2R shows a 73.5-foot wide private access and parking easement. The intent of this access is to provide the potential for joint or shared parking and possible cross access for the two lots. Any expansion of the credit union, or new development on Lot 18R will be required to fully comply with the zoning ordinance. Lot 18R is combining the remainder of the original Lot 2 and 13 smaller lots that front on Brentwood. Primary access to Lot 18R will be from Brentwood. Consolidation of the 13 existing lots will ensure better compliance with the City's driveway regulations. Staff recommended approval of the final plat with the condition that the electrical easement(s) are shown on the mylar. Chairman Rife opened the public hearing. P&ZMinutes February 17, 2000 Page 4 of 8 MINUTES Planning and Zoning Commission CITY OF COLLEGE STATION, TEXAS February 17, 2000 7:00 P.M. COMMISSIONERS PRESENT: Chairman Rife, Commissioners Horlen, Floyd, Warren, Parker, and Mooney. COMMISSIONERS ABSENT: Commissioner Kaiser. COUNCIL MEMBERS PRESENT: Council Member Maloney. STAFF PRESENT: Senior Planner McCully, Staff Assistant Charanza, Assistant Development Coordinator George, Graduate Engineer Tondre, Transportation Planner Hard, Staff Planner Hitchcock, Staff Planner Jimmerson, Staff Planner Anderson, and Assistant City Attorney Ladd. REGULAR AGENDA AGENDA ITEM NO. 4: Public hearing and consideration of a Conditional Use Permit, site plan and use, for a convenience store/gas station, Exxon @ Dartmouth Crossing, to be located at 2500 Dartmouth Drive. (00-8) Staff Planner Anderson presented the staff report and stated that the proposal was to construct a 5,605 square foot convenience store and an eight (8) pump gas station at the southwest corner of Dartmouth Drive and Southwest Parkway. The property is currently zoned C -N Neighborhood Business. Convenience stores and gas stations are not expressly permitted in a C -N district, but may be allowed under the provision listed "other uses to be determined by the Commission." All uses permitted in the C -N district must have their use, location, and site plan approved by the Commission. In November 1998, the Commission approved the conceptual site plan and use permit. However, since no building permits were pulled within 12 months of the previous approval, the November 1998 conditional use permit has expired. Except for the professional office located to the west, developed or zoned residential districts surround the subject property on all sides. The abutting property to the south is currently an undeveloped R-5 Apartment Medium Density tract. Ms. Anderson explained that Neighborhood Business uses must meet the intent of the C -N district. The Zoning Ordinance defines the purpose of this district as, "... providing small commercial sites for residential convenience goods and personal service businesses. No use shall be allowed which would adversely affect the health, safety, welfare, or residential character of the neighborhood. The use shall be a low traffic generator and shall not create any noise, light, or odors abnormal to the neighborhood." The use must comply with the surrounding area that it serves. P&ZMinutes February 17, 2000 Page I of Chairman Rife asked if there could be restrictions on the hours of operation. Assistant City Attorney Ladd said that the Commission could place restrictions on the hours of operation. Mr. Rife also asked if the original conditions (from the review in November 1998) would be placed on this if approved. Ms. Anderson said that the Commissioners would need to specify that they intended for the original conditions to be placed on this review. Chairman Rife opened the public hearing. Mr. Rabon Metcalf, Municipal Development Group, stated that he was representing the applicant and would answer questions from the Commissioners. He reiterated that a Conditional Use Permit for this exact project was approved in November 1998, but time lapsed since no building permits were issued within the 12 -month time period. He said that the proposal was for a convenience store, gas station, dry cleaners, and a small carryout deli. There was a question to staff from some Commissioners regarding the traffic generated at this site and what general traffic counts were usually used for convenience stores. Transportation Planner Hard pointed out that convenience stores were considered more of a "capturing site" rather than a generator of traffic. Gas stations and convenience stores usually attract traffic already traveling on the streets, it is highly rare that additional traffic would visit this site unless they currently travel the street. Mr. Parvis Vessali, 110 Pershing, explained that he was the developer for the project. He said that the proposed site plan was the same as the plan reviewed in November 1998, with the exception of some minor changes and additional parking. Commissioner Warren expressed her concern with the lighting of the facility and the signage and their effects on the surrounding residential areas. Mr. Vessali said that the lighting from this site would not impact the surrounding properties any more than the existing street lighting. He also expressed his concern that there would be some type of commercial development at this tract because of it's C -N zoning. Ms. Anderson said that in C -N districts, the signs are required to be attached to the buildings; no freestanding signs are allowed. Commissioner Horlen asked what the anticipated number of cars visiting the facility and amount of gas to be sold had been discussed. Mr. Vessali said that this would vary depending on the time of day and time of year. Chairman Rife closed the public hearing. Commissioner Parker moved to approve the Conditional Use Permit. Commissioner Mooney seconded the motion. Commissioner Warren expressed her concern with a gas station located this close to single family. She felt that there were other retail uses that would not impact the residential as much. Commissioner Parker said that this type of use would be convenient to the residents in the surrounding residential areas. P&ZMinutes February 17, 2000 Page 2 of 3 Some Commissioners felt this use did not meet the "substantially burden" test (as discussed by the Legal staff in the Workshop held earlier). Some felt that the use would adversely affect the surrounding property owners and it would impact on traffic. Other Commissioners did not see evidence that additional traffic would be generated, in which there would be an impact to the surrounding properties, and felt this location was a logical place for this type of use. Commissioner Parker said that there is always a possibility of increased traffic with any type of development, and this is a risk that sometimes has to be taken. He said that the question to be answered is whether or not this use is compatible with the location and surrounding property developments. Commissioner Mooney said that he wished the adjacent property owners would have come to the meeting to express their concerns (if any). He did not feel that this use would add to the existing traffic, but did feel that this use would be "convenience" for the neighborhood. Commissioner Warren wanted everyone to realize that this location is at a rather busy intersection, and although the site plan meets ordinance requirement there may still be a congestion problem. Chairman Rife called for the vote, and the motion to approve the permit failed 3-3; Chairman Rife, Commissioners Parker and Mooney voted in favor of the motion, and Commissioners Warren, Floyd, and Horlen voted in opposition of the motion. P&ZMinutes February 17, 2000 Page 3 of 3