HomeMy WebLinkAbout00072715MINUTES
Planning & Zoning Commission
CITY OF COLLEGE STATION, TEXAS
February 2, 1995
7:00 P.M.
COMMISSIONERS PRESENT: Commissioners Smith, Lane, Gribou, Garner, and Lightfoot.
COMMISSIONERS ABSENT: Chairman Hawthorne and Commissioner Hall.
STAFF PRESENT: Senior Planner Kuenzel, Planning Technician Thomas,
Transportation Planner Hard, Project Engineer McCully and
Development Coordinator Volk. (Council Liaison
Hickson was in the audience.)
AGENDA ITEM NO. 1: The Consent Agenda consists of non-controversial or
"housekeeping" items required by law. Items may be removed from the Consent Agenda
by any citizen, City staff member, or Commissioner by making such a request prior to a
motion and vote on the Consent Agenda.
(1.1) Approval of minutes from the meeting of January 19, 1995.
(1.2) Consideration of a final replat for the Southwood Valley Section 24A Subdivision.
(94-245)
Commissioner Gribou moved to approve items 1.1 and 1.2 on the consent agenda with staff
recommendations. Commissioner Smith seconded the motion which passed unopposed (5 - 0).
AGENDA ITEM NO. 2: Public hearing to consider a rezoning request of lot 3 of the
Henton Subdivision, approximately 3.51 acres located along the north side of Lincoln
Avenue at the Munson Avenue intersection from R-1A Single Family Residential and R-4
Low Density Apartments to R-1A Single Family Residential. Request includes the removal
of the previously required brick wall between the two zoning districts. (95-100)
Senior Planner Kuenzel presented the staff report and recommended approval of the proposed
rezoning request. The subject property includes 3.5 acres located on the north side of Lincoln
Avenue across from Munson Avenue. The request will consolidate an existing R-lA tract on the
Lincoln frontage with a 1.8 acre R-4 zoned tract for a total of 3.5 acres of R-lA property. The
proposed use of a small single family subdivision will not be in conflict with existing or planned
uses in the area. In addition, the consolidation of property will make it easier for the site to meet
ordinance requirements relating to access and lot size. At the time that the R-4 zoning was
approved in 1986, the Council saw a need for separating and buffering the R-4 from the R-lA.
As a condition of that zoning, a wall must be placed between the R-4 tract and the R-lA tract.
Senior Planner Kuenzel stated that this condition was required in an effort to mitigate through
traffic between Lincoln and University Drive and to buffer the R-lA from more intense uses to the
north. This request is also to remove the wall requirement to allow better consolidation of the
two R-1 A parcels and to allow future access from Lincoln to the commercial properties to the
north. The Council has the discretion to either remove the wall requirement completely or to
relocate it between the requested R-lA and the existing A-P located to the north. The owner has
been working with staff to consolidate access points to one drive off of Lincoln with access to
individual lots to be internal. Senior Planner Kuenzel explained that there is an older, well
established neighborhood to the south of the site. The request will protect existing uses by adding
more single family zoning to the area. There is no existing R-lA available for development in this
area of the City. The R-lA zoning is slightly less restrictive than R-1 and could therefore supply
housing that is not as expansive as the single family that are currently being developed City-wide.
Ten surrounding property owners were notified of the rezoning request with four inquiries
including two property owners in opposition to the removal of the proposed brick wall. Staff
Planner Kuenzel informed the Commission that the Cedar Creek Condominiums is now owned by
the federal government and they are proposing a low to moderate housing development. There
has been discussion recently pertaining to limited vehicular and unlimited pedestrian access from
the Cedar Creek site to Lincoln Avenue. There are several children and students who walk across
the subject property to get to Lincoln to go to school or to the bus stop.
Acting Chairman Lane opened the public hearing.
Representative of the applicant Earl Havel with Garrett Engineering approached the Commission
and stated that it is not the developer's intention to try and link the commercial development to
the north with the proposed single family development. The commercial development could
access University Drive instead of Lincoln Avenue. He stated that their main goal is to rezone the
subject property so that a single family development can be built on the entire tract. Fire and
police access to the commercial tract from the proposed development has been discussed;
however, this access would be limited by a locked gate and key that would only be provided to
those departments in case of emergencies. Mr. Havel stated that the developer has no intention of
linking the Cedar Creek development to the proposed single family project to provide them access
to Lincoln Avenue.
Oran W. Nicks of 901 Munson informed the Commission that his neighbor, Stephen Miller, is out
of town but has written a letter to the Commission outlining his opposition to the proposed
rezoning request. Mr. Nicks explained that the neighborhood and the City worked together to
plan this area in 1985. At that time the larger picture was studied including traffic patterns,
existing residential development, etc. Since that time, there has not been any changes in the area
that would constitute the removal of the required brick wall. There is adequate access in the area
with the extension of Lincoln Avenue and the planned extension of Ashburn from Lincoln Avenue
to University Drive. Mr. Nicks stated that the brick wall is a logical buffer in combination with
the step down zoning approach in the area developed in 1985. In order to keep in with the same
logic used in 1985, the brick wall should be relocated instead of completely removed from the
site. Mr. Nicks proposed to relocate the brick wall between the proposed R-lA and A-P zonings
and the existing Cedar Creek development and the proposed R-lA zoning. The discussion about
emergency access through the single family development to the commercial development does not
make sense and there is no guarantee that only emergency vehicles will have the key to the gate.
P & Z Minutes February 2, 1995 Page 2 of 7
Ann Hazen of 1205A Munson informed the Commission that she has lived at this address for
twenty-two years. During that time, the traffic along Munson has become more and more
congested. Anything that would allow more traffic on Munson would be detrimental to the
neighborhood as a whole. Ms. Hazen stated that the original plan developed in 1985 should be
followed.
Martha Cannon informed the Commission that she lives across the street from Mr. Miller and next
to Mr. Nicks. She stated that traffic congestion in the area is her main concern.
Representative of the Scarmardo property to the north, Dan Dupier approached the Commission
and stated that he supports the rezoning request along with the removal of the masonry wall.
Since 1985, Lincoln Avenue has been extended to provide a buffer between the commercial
zoning and the existing residential neighborhood. Mr. Dupier explained that in developing the C-
B property with frontage along University Drive, the lots may be too deep for many commercial
developments. If only the C-B zoned property is developed as commercial, it may be beneficial
for the owner to develop the existing A-P tract as single family. At that time, access to Lincoln
Drive would be necessary. Mr. Dupier suggested that instead of the wall being constructed at this
time, that a condition be placed on the A-P property to the north. If the A-P property is
developed as commercial, then a brick wall is required between the A-P and R-1 A; however, if
the A-P is developed as single family, a brick wall is required between the A-P and commercial
development. This would allow both developers some flexibility for the development of the A-P
zoned tract.
John Richards of 1210 Munson informed the Commission that he is opposed to the proposed
access from Lincoln to the commercial tract on University Drive. He stated that the developer of
the commercial tract has no obligation to build the wall. The people living in the existing
residential neighborhood should be protected.
Acting Chairman Lane closed the public hearing.
Commissioner Gribou moved to recommend approval of the rezoning request with the condition
that the buffer wall be relocated between the existing A-P and proposed R-1A tracts and between
the existing Cedar Creek R-4 property and the proposed R-lA tracts. Commissioner Lightfoot
seconded the motion.
Commissioner Gribou explained that his intent is to place the wall between residential and intense
uses such as commercial and multi-family. If additional residential uses are desired on the A-P
tract, then the wall can be relocated so that it is placed between the single family and commercial
developments. However, through traffic should not be allowed from Lincoln Avenue to the
intense commercial and multi-family uses.
Commissioner Lightfoot expressed concern about the fire and police department's need to access
the commercial and multi-family developments from Lincoln Avenue from a safety standpoint.
P & Z Minutes February 2, 1995 Page 3 of 7
City Council Regular Meeting
Thursday, February 9, 1995
REGULAR AGENDA
Page 4
(R-1) Public hearing and consideration of a rezoning request from R-4 to R-1A
along the north side of Lincoln across from Munson. Applicant, Jesse Henton
(95-100)
Staff Planner Sabine Kuenzel explained the rezoning request. Slides of the
property were displayed.
Mayor Ringer opened the public hearing.
Earl Havel, representing the applicant, came forward. He explained the purpose
of requesting the removal of the wall buffer, or if the council required the wall,
the applicant preferred a wooden type fence.
Dan Donpeer from Houston addressed the Council. He represented the owners
of the adjacent property. He asked the Council to approve the rezoning and
allow development with the elimination of the wall. The sole purpose of the wall
is to prohibit through traffic. He concurred that an access street should not be
allowed through to University because of difficult planning for commercial
development.
Oran W. Nicks, 900 Munson Avenue, addressed the Council. He referred to the
Council's decision in 1986 to separate and buffer the R-4 from R-1A. The wall
was a condition of the zoning case. He asked council to support the long range
plan.
Stephen Miller, 906 Munson, addressed the Council. He prepared a letter for
Council. Mr. Miller opposed the removal of the existing wall.
Martha Cannon, 903 Munson, expressed concerns regarding the traffic
generated from this development and the children walking in the neighborhood.
Leonora Owre, 903 Munson, addressed the Council. She concurred with the
comments previously stated by neighbors.
Mayor Ringer closed the public hearing.
Councilman Mcllhaney moved approval of the rezoning subject to the
implementation of a development agreement between the two property owners
and staff to provide for a brick wall between the R-1 A property and commercial
City Council Regular Meeting
Thursday, February 9, 1995
Page 5
development, and to provide that there not be vehicular access from this
property to R-4 (Cedar Creek Condos) and to University Drive.
Councilman Fox seconded the motion.
Councilman Fox amended the motion to require the fence structure be
constructed as brick columns and wood. Councilman Hickson seconded the
amendment which carried unanimously.
The original motion as amended passed unanimously.
(R-2) Presentation and consideration of a request from the Brazos Valley
Balloon Classic and Aquafest for funding in the amount of $15,000.
Terry Boike, Chairman of the Brazos Valley Balloon Classic came forward to
request monies in the amount of $15,000 from the City of College Station for
funding toward expenses associated with this event.
The Council expressed concerns about the lack of financial success with this
event thus far.
Councilman Hickson made the motion to approve funding in the amount of
$5,000. The motion was seconded by Councilman Fox which carried by a vote
of 5-2. Councilmembers Crouch and Kennady voted against.
(R-3) Approval of second reading of an ordinance granting a Pilot
Apartment Recycling Franchise to Bryan Iron and Metal Co., Inc. dba Texas
Commercial Waste for the purpose of collecting recyclables at eight
selected apartment and multi-family locations within the city.
Councilman Mcllhaney made a motion to approve the second reading of the
ordinance. The motion was seconded by Councilman Crouch which carried
unanimously.
(R-4) Discussion of business park in regard to type of park, type of
business client, type of building allowed, absorption rate expected,
restrictive convenants, and marketing.
This item was postponed.
MINUTES
Planning and Zoning Commission
CITY OF COLLEGE STATION, TEXAS
March 16, 2000
7:00 P.M.
COMMISSIONERS PRESENT: Acting Chairman Mooney, Commissioners Floyd, Horlen, and
Parker.
COMMISSIONERS ABSENT: Chairman Rife, Commissioners Kaiser and Warren.
COUNCIL MEMBERS PRESENT: Council Member Hazen.
STAFF PRESENT: Senior Planner McCully, Staff Assistant Charanza, Assistant
Development Coordinator George, City Planner Kee, Assistant City
Engineer Mayo, Director of Development Services Callaway, Graduate
Engineers Tondre and Thomspon, Transportation Planner Hard, Staff
Planners Hitchcock and Anderson, Assistant City Manager Brown, and
Assistant City Attorney Nemcik.
AGENDA ITEM NO. 1: Hear visitors
There were no visitors present wishing to address the Commission.
The following items fvere approved by common consent.
AGENDA ITEM NO. 2: Consent Agenda.
Agenda Item No. 2.1: Approved the minutes from the Workshop Meeting held on March 2, 2000.
Agenda Item No. 2.2: Approved the minutes from the Regular Meeting held on March 2, 2000.
REGULAR AGENDA
AGENDA ITEM NO. 3: Public hearing and consideration of a Rezoning from R4 Apartment
Low Density and R-1A Single Family Residential to PDD-H Planned Development District -
Housing for 3.51 acres located in the Henton-Lincoln Subdivision. i2
City Planner Kee presented the staff report and stated that in November of 1999, Council rezoned the
tract adjacent and to the north from A-P Administrative Professional to C-B Business Commercial. At
P&ZMinutes March 16, 2000 Page 1 of5
that time the property owner indicated that a rezoning for PDD-H would be forthcoming on these 3.5
acres. The land use plan show this area for retail commercial uses along the University Drive frontage
and high density single family uses along the Lincoln Avenue frontage. The rezoning to C-B did not
alter this pattern. The proposed rezoning will eliminate the R-4 that is between the C-B and single
family and place C-B zoning immediately adjacent to residential zoning with not step down effect.
However, through the use of the PDD district, the impacts of this adjacency can be mitigated. With the
recent request for C-B on the tract to the north, the applicant and the City accounted for this future
adjacency by requiring a landscape buffer on the C-B tract.
Ms. Kee pointed out that the pattern of development along Lincoln has been a single row of individual
homes fronting Lincoln with any higher density development north being required to access only
University Drive. This particular tract presently has a condition for an impenetrable wall to be along the
zone line between the R-lA single family on Lincoln and the R-4 tract to the north. However, in 1995
the Commission and Council rezoned this R-4 tract to R-lA in order for it to be consolidated with the
R-IA along Lincoln, with the condition that "The wall that was to separate the R-lA along Lincoln
from the R-4 behind shall be moved northward to separate the new R-1 A (rezoned from R-4) from the
office/commercial to the north. This was never finalized because of a development agreement that was
never executed. But this decision did allow for some additional traffic from development behind the R-
lA fronting Lincoln to access directly to Lincoln. In 1995, surrounding property owners opposed this
relocation of the wall but the rezoning was granted due to the lessening of the density on what was the
R-4 tract." Ms. Kee also said that this "still zoned" R-4 tract is sandwiched between the single family
on Lincoln and commercial to the north. If this tract were to develop at multi-family densities, access
should be limited to University Drive. This was clearly stated in the 1995 rezoning case when the
Commissioner making the motion state "...through traffic should not be allowed from Lincoln Avenue
to the intense commercial and multi-family uses [to the north]." She stressed that the questions before
the Commission presently is whether there is a residential district that can be placed on this R-4 tract
whose density is such that it is appropriate for access to be taken to Lincoln rather than through a
commercial development to University Drive. In 1995 the decision was that it would be appropriate for
R- IA. The PDD-H is proposing an overall density of 8 dwelling units per acre, which is less than the 10
units per acre allowed in R-IA. In reality, because of the R-IA lot size requirements, the number of
units that could be placed on this property under R-1 A zoning would be somewhat less than with this
PDD-H proposal. Lincoln Avenue is a major collector on the thoroughfare plan and is designed to
carry 5,000 to 10,000 vehicles per day. This proposal would add approximately 260-280 trips per day
to Lincoln. The last counts done in 1996 show an average daily total of 5,446 and 7,114 (two
locations). This PDD-H proposal will increase this by roughly 4.5 percent.
Acting Chairman Mooney opened the public hearing.
Mr. Chuck Ellison, 2902 Camille Drive, was present to represent the applicant. He felt that the impact
of the proposed PDD-H would be less than a R-lA development. He said that the proposal would
provide the step-down zoning approach as desired by the City. He told the Commissioners that the
applicant met with residents and property owners. He stressed that PDD requests involve extensive
time and money investments.
The following people spoke in opposition to the request:
Peter Hugill (College Woodlands HOA President) - 904 Francis
Benito Flores-Meath - 901 Val Verde
P&Z Minutes March 16, 2000 Page 2 of 5
Timothy Hall -
104 Rose Circle
Bob Droleskey
- 1109 Ashburn
Cary Tschirhart
- 903 Foster
Dawn Aberth -
1203A Munson
Suzanne Droleskey - 1109 Ashburn
Lynn Burlbaw -
1001 Rose Circle
The concerns expressed were:
Additional traffic since this development would probably be rental property for students.
No areas designated as "play areas" for children.
Erosion of the residential area.
Increased density in a low-density area.
Increased traffic on Lincoln, no information to satisfy the concern with higher traffic volumes.
No balance between rental (student housing) and "permanent" residents (family housing).
Acting Chairman Mooney closed the public hearing.
Acting Chairman Mooney asked if staff could elaborate on traffic issues. Transportation Planner Hard
said that it would be reasonable to assume that the majority of the traffic would travel on Lincoln.
Commissioner Floyd moved to approve the rezoning request (for discussion purposes only).
Commissioner Parker seconded the motion.
Commissioner Floyd felt that with the PDD zone, the City would have some say as to what type of
development would occur, as opposed to the R-4 and the R-lA districts, which would allow any type of
development as long as the minimum requirements were met. He said that the previous P&Z and City
Council wanted the barrier where it was, which would send traffic to Lincoln with any type of
residential development.
Ms. Kee said that when the C-B district was approved, the wall was placed where it is shown but she
felt the P&Z and Council realized the zoning of the R-4 tract would eventually be rezoned. She did not
think the R4 density could be met because of parking and landscaping requirements.
Acting Chairman Mooney pointed out that the PDD-H zoning allows the P&Z and City Council to have
some say as to what is developed. He said that the R4 zoned would not give them the authority to
control development as long as the plan meets minimum requirements and is in compliance with all city
standards.
Commissioner Floyd pointed out that it is important for the homeowners to understand that there is no
control over developments under the current zoning districts. He felt that the PDD-H would ease most
concerns. He then asked if each R-1A unit would have access onto Lincoln. Ms. Kee explained that
there would be combined access per City ordinances.
Acting Chairman Mooney expressed his concern with the safety of children residing in the R-lA tract.
He asked if there were any designated areas as open space. Mr. Chuck Ellison said that there would be
no back yards, but there would be 15 feet on the sides, and there would be a designated detention pond.
P&Z Minutes March 16, 2000 Page 3 of 5
After discussion among the Commissioners regarding the parking configuration and unit layout,
Commissioner Parker withdrew his second to the motion to recommend approval of the request made
by Commissioner Floyd.
Commissioner Horlen moved to approve the request with the site plan modified as follows:o
- Replace proposed parking area along Lincoln with landscaping.
- Move unit #20 to be contiguous with 17, 18, and 19.
- Eliminate units 21 and 22 and utilize the area for parking.
Commissioner Floyd seconded the motion, which passed unopposed 4-0.
AGENDA ITEM NO. 4: Consideration of a Preliminary Plat for Fairfield at Luther Street
located at the south corner of Harvey Mitchell Parkway and Luther Street West on 20.63 acres.
(00-40)
Graduate Engineer Tondre presented the staff report and stated that the proposed Preliminary Plat is for
a single lot, 20.63 acre, subdivision located at the southeast corner of Harvey Mitchell and Luther. The
applicant is planning to construct a multi-family apartment complex on the site. The Land Use Plan
reflects the tract and the rest of the property to the south toward Holleman as high-density single family.
However, in the last few years, the development trend for the area bound by Marion Pugh, Luther, and
Harvey Mitchell Parkway has been infill in the form of apartment complexes. The duplex portion of the
request is compatible with the existing land use pattern in the area, that of duplexes, fourplexes, and
apartment complexes. The subject property was rezoned PDD-H Planned Development District -
Housing) in February 2000. The plan of the PDD-H rezoning showed a single-phase project which will
consist of fifteen (15) buildings, one leasing office, which will double as a clubhouse, a swimming pool,
a basketball court, and two volleyball courts. The applicant is requesting Oversized Participation on
improvements to Luther Street, domestic waterline improvements, and possibly sewer improvements.
The applicant will extend a 16-inch waterline along Luther Street to the intersection at Harvey Mitchell
Parkway. The line will be capped for future extension across Harvey Mitchell. An internal loop will
extend through the property and stub-out to provide water service to the Gorzycki property. A gravity
sewer system is not available to the subject property. There are two options for the developer:
❖ Option 1 Construct a private sewer system to collect, store and pump wastewater to the
existing City sewer system on the Walden Pond site. The owners will maintain the sewer system
and sewer billing from the City will be to the owner of the complex and not to the individual
users.
❖ Option 2 The developer will construct a sewer system, including lift station and force main
as per the City's proposed Master Plan. The new lift station will serve this development as well
as future development along Harvey Mitchell Parkway. Oversize participation funds for
construction of the lift station and force main are available.
As part of the development agreement between the Melrose Apartments and the City, Melrose
Subdivision is responsible for improving Luther Street from Marion Pugh through the Melrose
development. The improvements include widening of the ROW and pavement section to major-
collector standards. Phase I, from Marion Pugh to the main entrance of Melrose, has been completed.
These improvements were constructed as a 36-feet pavement section with curb and gutter on the south
P&Z Minutes March 16, 2000 Page 4 of 5
Regular Agenda
Agenda Item No. 14.1 Public hearing, discussion and possible action on an ordinance rezoning 3.51 acres from R-
4 and R-IA to PDD-H in the Henton-Lincoln Subdivision.
Sabine Kuenzel presented the staff report. On April 13, council tabled this request with direction for the developer to
meet with area residents.
Councilman Massey made a motion to remove this item from the table. Seconded by Councilman Maloney, which
carried unanimously, 6-0.
Mayor McIlhaney opened the public hearing.
Chuck Ellison, 2912 Camille Drive, reported that he and the applicant met with Dr. Peter Hugill of the College Hills
Homeowners Association. The agreement derived from the meeting was that the developer shall limit the occupancy
to one unrelated person per bedroom. Also, the developer and Mr. Ellison agreed to support reasonable and legal
measures to return Munson Drive to a residential street and to encourage alternative
Council Meetings 5/11/2000 Page 8
routes for persons traveling Munson Drive at this time.
Mr. Ellison pointed out a change in the location of the mailboxes to alleviate traffic congestion within the
development. He also pointed out that the plan illustrates a large greenspace and three-acre detention space to create
a buffer between R-4 and R-1.
Benito Flores-Meath, 901 Val Verde expressed support for the developer's proposal to limit to three unrelated
individuals per dwelling.
Stephen Miller, 906 Munson expressed strong opposition to the request.
Mayor McIlhaney closed the public hearing.
Mayor Protem Mariott made a motion to approve the rezoning request for a PDD-H rezoning as recommended by
staff. Motion seconded by Councilman Massey.
Ms. Kuenzel clarified that the zoning ordinance requires a fence structure between the
1r n
Further discussion was held on current and future policy decisions of the council relating to neighborhood issues and
zoning ordinances.
Mr. Ellison said that the deed restrictions convenants could state that the lease agreement provide that it would be a
violation of the lease if more than one unrelated person per bedroom were living in the unit. This would mean that
the developer would be in control of any problems that might occur.
Councilman Maloney made an amended motion to accept the PDD-H rezoning ordinance with the condition that
there be only one unrelated person per bedroom. Motion seconded by Councilman Hazen. Motion failed by a tie
vote, 3-3.
FOR: McIlhaney, Hazen, Maloney
AGAINST: Silvia, Massey, Mariott
Mayor Mcllhaney restated the original motion to approve Ordinance No. 2449 rezoning 3.51 acres from R-4 and R-
lA to PDD-H in the Henton Lincoln Subdivision.
Mr. Ellison again stated that the developer agrees to place in the deed restrictions a provision that the lease will
provide for only one unrelated person per bedroom.
Motion carried 4-2.
FOR: McIlhaney, Massey, Mariott, Silvia
AGAINST en
ouncil Meetings 5/11/2000 ag
MINUTES
Page 1 of 1
Agenda Item No. 13.1 Public hearing discussion and possible action on an ordinance
rezoning 3.51 acres located in the Henton-Lincoln Subdivision from R-4 and R-1A to
PDD-H.
Senior Planner Sabine,Kuenzel presented the staff report. In November 1999, Council rezoned the
tract adjacent and to the north, from A-P to C-B. At that time the property indicated that a rezoning
for PDD-H would be forthcoming. The land use plan shows this area for retail commercial uses
along the University Drive frontage and high-density single family uses along the Lincoln Avenue
frontage. The PDD-H request conforms with the land use plan and development policies. Staff
recommended approval of the PDD-H with the associated development plan as revised by Planning
and Zoning Commission.
Mayor McIlhaney opened the public hearing.
The following persons spoke in opposition to the request:
Peter Hugill, 904 Francis (College Woodlands HOA President)
Judy Warren, 904 Francis
Stephen Miller, 906 Munson
Mike McMichen, 1405 Bayou Woods
Bob Drolesky, 1109 Ashburn
Norma Guinasso, 1112 Marstellar
Marianne Oprisko, 14125 Renee Lane
Benito Flores-Meath, 901 Val Verde
The concerns expressed were:
Increase density in a low-density area.
No balance between rental (student housing) and permanent residents (single family).
There is a not a mutually agreed upon plan between residents and neighborhood.
Traffic is a continual problem.
Incompatible land use and incompatible lifestyles.
Chuck Ellison, 2902 Camille Drive, represented the applicant. He recommended council consider the
applicant's proposal to conform with the PDD district requirements. He also acknowledged the
difficult decision for council.
Council Meetings 4/13/2000
Mayor McIlhaney closed the public hearing.
Page 8
Mayor Protein Mariott made a motion to approve the rezoning as presented. Motion seconded by
Councilman Garner.
Council discussed the traffic impact and the variation in densities. Staff confirmed that an ordinance
is currently enacted that provides for the wall buffer between the R-lA and R-4. This PDD request
includes the elimination of the wall buffer. Councilmembers suggested traffic calming measures be
seriously considered for older neighborhoods.
Councilman Massey made a substitute motion to table this agenda item to allow the developer and
neighborhood property owners to work on an agreeable solution to address the concerns by the
neighborhood. Motion seconded by Councilman Maloney.
Motion carried 5-2.
FOR: McIlhaney, Massey, Maloney, Hazen, Silvia
AGAINST: Mariott, Garner
http://citynet/CitySec/Council%20Minutes/2000/min4-13.htm 10/19/2000
MINUTES Page 1 of 2
Agenda Item No. 14.1 Public hearing, discussion and possible action on an ordinance
rezoning 3.51 acres from R-4 and R-1A to PDD-H in the Henton-Lincoln Subdivision.
Sabine Kuenzel presented the staff report. On April 13, council tabled this request with direction for
the developer to meet with area residents.
Councilman Massey made a motion to remove this item from the table. Seconded by Councilman
Maloney, which carried unanimously, 6-0.
Mayor McIlhaney opened the public hearing.
Chuck Ellison, 2912 Camille Drive, reported that he and the applicant met with Dr. Peter Hugill of
the College Hills Homeowners Association. The agreement derived from the meeting was that the
developer shall limit the occupancy to one unrelated person per bedroom. Also, the developer and
Mr. Ellison agreed to support reasonable and legal measures to return Munson Drive to a residential
street and to encourage alternative
Council Meetings 5/11/2000
routes for persons traveling Munson Drive at this time.
Page 8
Mr. Ellison pointed out a change in the location of the mailboxes to alleviate traffic congestion within
the development. He also pointed out that the plan illustrates a large greenspace and three-acre
detention space to create a buffer between R-4 and R-1.
Benito Flores-Meath, 901 Val Verde expressed support for the developer's proposal to limit to three
unrelated individuals per dwelling.
Stephen Miller, 906 Munson expressed strong opposition to the request.
Mayor McIlhaney closed the public hearing.
Mayor Protein Mariott made a motion to approve the rezoning request for a PDD-H rezoning as
recommended by staff. Motion seconded by Councilman Massey.
Ms. Kuenzel clarified that the zoning ordinance requires a fence structure between the
C-B and PDD-H.
Further discussion was held on current and future policy decisions of the council relating to
neighborhood issues and zoning ordinances.
Mr. Ellison said that the deed restrictions convenants could state that the lease agreement provide that
it would be a violation of the lease if more than one unrelated person per bedroom were living in the
unit. This would mean that the developer would be in control of any problems that might occur.
Councilman Maloney made an amended motion to accept the PDD-H rezoning ordinance with the
condition that there be only one unrelated person per bedroom. Motion seconded by Councilman
Hazen. Motion failed by a tie vote, 3-3.
FOR: McIlhaney, Hazen, Maloney
AGAINST: Silvia, Massey, Mariott
Mayor McIlhaney restated the original motion to approve Ordinance No. 2449 rezoning 3.51 acres
from R-4 and R-1 A to PDD-H in the Henton Lincoln Subdivision.
Mr. Ellison again stated that the developer agrees to place in the deed restrictions a provision that the
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MINUTES
lease will provide for only one unrelated person per bedroom.
Motion carried 4-2.
FOR: McIlhaney, Massey, Mariott, Silvia
AGAINST: Maloney, Hazen
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