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HomeMy WebLinkAbout02-00500109- 00073317MINUTES Planning and Zoning Commission CITY OF COLLEGE STATION, TEXAS July 1, 2002 6:00 P.M. COMMISSIONERS PRESENT: Commissioners Floyd, Hall, McMath, Shafer, White, and Williams. COMMISSIONERS ABSENT: Commissioner Trapani. COUNCIL MEMBERS PRESENT: Happ, Maloney, and Hazen. STAFF PRESENT: Assistant City Manager Brown, Staff Planner Reeves, Planning Interns Flanery and Fletcher, Graduate Engineer Thompson, Assistant City Attorney Nemcik, Director of Development Services Templin, City Planner Kee, Senior Planner Battle, Development Review Manager Ruiz, Assistant Development Review Manager George, Development Services Secretary Macik, Action Center Representative Steptoe, Transportation Planner Fogle, Traffic Engineer Picah, Fire Marshall Mies, and Staff Assistant Hazlett. Chairman Floyd called the meeting to order at 6:00 p.m. AGENDA ITEM NO. 1: None. AGENDA ITEM NO. 2: None. AGENDA ITEM NO. 3: Hear visitors Public Comment for the Record Consent Agenda The following items were approved by common consent. 3.1 Approved the Minutes from the Workshop Meeting held on April 4, 2002. 3.2 Approved the Minutes from the Regular Meeting held on May 16, 2002. P &ZMinutes July 1, 2002 Page 1 of 7 Staff Planner Reeves presented the Staff Report. Ms. Reeves stated that Staff recommends approval with Staff Review Comments #2. She pointed out that a church is allowed in any zoning district with a Conditional Use Permit. A Use Permit was granted on July 17, 2001. Approval of the Site Plan is now being requested. Ms. Reeves explained that the church has met with the adjoining residents about their project and the proposed buffer. Additionally, the proposed sign meets the City's requirements. Chairman Floyd opened the public hearing. Mr. Patterson, project architect, 701 South Texas Avenue, Bryan, spoke in favor of the Conditional Use Permit. Commissioner Shafer asked how the greenbelt area is being handled. Mr. Patterson explained that this is a flood plain area and is to continue as the greenbelt between the park and Lincoln. This stage of the construction will not impact that area. Clarence Thomas, church member, stated that the neighboring residents have responded positively to the proposed project. Chairman Floyd closed the public hearing. Commissioner Williams motioned to approve with Staff comments #2. Commissioner White seconded the motion. The motion carried 6 -0. AGENDA ITEM NO. 8: Public hearing, discussion, and possible action on an ordinance amendment for a Rezoning of approximately 7.76 acres located at 1855 Arnold Road, from A -O, Agricultural open, to R -1, Single Family Residential. (01 -267) Planning Intern Flanery presented the Staff Report. Ms. Flanery stated that the applicant is requesting the rezoning to enable development of the property. She added that Staff recommends approval of the rezoning. Ms. Flanery reported that the R -1 request is in compliance with the Land Use Plan because the area is designated as medium density /single family residential. She explained that the access to the site would be from Arnold Road, which is a minor collector. Also, because of a recent subdivision regulation amendment, Ms. Flanery explained that property must connect to paved, public right -of -way prior to subdivision. In light of this new amendment, she pointed out that either Arnold Road will have to be improved up to the property prior to subdivision or the extension of Arnold Road will have to be platted as part of the internal circulation of the subdivision. This issue will be addressed at the platting stage. Chairman Floyd opened the public hearing. Chairman Floyd closed the public hearing. Commissioner Williams motioned for approval. Commissioner Hall seconded the motion. The motioned carried 6 -0. AGENDA ITEM NO. 9: Public hearing, discussion, and possible action on an ordinance amendment for a Rezoning of approximately 7.22 acres located at 1401 Arnold Road, from A -O, Agricultural Open to R -1, Single Family Residential. (02 -109) Planning Intern Flanery presented the Staff Report. Ms. Flanery stated the applicant makes the rezoning request in order to develop the property. The subject property is designated by the Land Use Plan as medium density /single family residential. This rezoning request is in compliance with the Land Use Plan. Therefore, Ms. Flanery stated that the Staff recommends approval of the rezoning. She explained that because of a recent subdivision regulation amendment, Arnold Road will have to be P &ZMinutes July I, 2002 Page 4 of 7 improved up to the property prior to subdivision or the extension of Arnold Road will have to be platted as part of the internal circulation of the subdivision. This issue will be addressed at the platting stage. The Thoroughfare Plan currently shows Arnold Road along the south property line of the subject property where it will tie into a north/south minor collector in the future, which would be the Norman extension. This requirement will also be addressed at the platting stage. Once the entire road system for the area is built out, access to the subject property will be from the Norman extension and from Arnold Road. Chairman Floyd opened the public hearing. Greg Taggart, Municipal Development Group, spoke in favor of the rezoning. Non - traditional connections for bicycle and pedestrian travel for the area was briefly discussed. Chairman Floyd closed the public hearing. Commissioner White motioned for approval. Commissioner Williams seconded the motion. The motion carried 6 -0. AGENDA ITEM NO. 10: Public hearing, discussion, and possible action on an ordinance amendment for a Rezoning of approximately 5.005 acres located at 7103 Rock Prairie Road for the Steamatic of Brazos Valley from A -O, Agricultural Open, to C -1, General Commercial. (02- 98) Planning Intern Flanery presented the Staff Report. The property is located across from the landfill and just outside of the Rock Prairie /Greens Prairie Small Area Plan that was recently adopted by the City Council. It is surrounded by rural residences and is presently used as such. Ms. Flanery stated that Staff recommends denial due to the lack of infrastructure and non - compliance with the Land Use Plan and the City's development policies, which call for commercial development to be located at street intersections. Fire protection is required, and without city water connection, the pressure would not be great enough to provide adequate fire protection. Ms. Flanery reported that a waterline is scheduled for completion in one year and the wastewater is scheduled for the area within the next three years. She added that this request could also be considered as spot zoning because the area would be singled out and zoned differently from the surrounding area. Also, the benefit would be for the particular landowner and not the public interest, and it would be an incompatible use that does not further the purpose of the Comprehensive Plan. Additionally, spot zoning can have negative impacts on surround land uses and is illegal. City Planner Kee stated that there have been no recommended changes across Rock Prairie Road. The area in question is being considered for annexation. Therefore, any planning refinement in the future would be done on a larger area. She explained that on the other side of Rock Prairie Road, the City plans to develop a park, provide public institutional property, and has determined to use the majority of this land for low density residential, including the subject tract, according to the Comprehensive Plan. Chairman Floyd opened the public hearing. The following spoke in favor of the rezoning request: Fain McDougal, 4150 Shadowbrook Rudy Schultz, 1411 East 29 Street, Bryan Kevin Slaten, 3942 Dove Trail P &ZMinutes July 1, 2002 Page 5 of 7 MINUTES Planning and Zoning Commission CITY OF COLLEGE STATION, TEXAS April 4, 2002 7:00 P.M. COMMISSIONERS PRESENT: Commissioners Floyd, Happ, Hawthorne, Kaiser, McMath, Trapani, and Williams. COMMISSIONERS ABSENT: None. COUNCIL MEMBERS PRESENT: Maloney. STAFF PRESENT: Staff Planners Jimmerson, Hitchcock, and Reeves, Planning Intern Flanery, Graduate Engineer Thompson, Assistant City Attorney Nemcik, Director of Development Services Templin, City Planner Kee, Senior Planners Kuenzel and Battle, Assistant Development Review Manager George, Action Center Representative Steptoe, and Staff Assistant Hazlett. AGENDA ITEM NO. 7: Public hearing, discussion, and possible action on a Rezoning from A -O, Agricultural Open, to R -1, Single Family Residential and C -1, General Commercial for 17.22 acres on Arnold Road, adjacent to and south of Southwood Athletic Park. (02 -48) Staff Planner Jimmerson presented the Staff Report. Ms. Jimmerson began her report by stating that staff recommends denial, without prejudice, of the rezoning due to infrastructure constraints and noncompliance with the Land Use Plan. She pointed out that the rezoning request was evaluated on two main sets of criteria; compliance with the Comprehensive Plan, including the Land Use and Thoroughfare Plans, and on the conditions in the area, including potential increase in negative impacts to the public infrastructure. Ms. Jimmerson explained that the C -1 zoning does not comply with the Land Use Plan for the area and that it also does not comply with the development policies of the City's Comprehensive Plan which only supports commercial uses at intersections of major roadways. She added that the R -1 zoning complies with the Land Use Plan but the increase in density would have a negative impact on the infrastructure. In addition, in order to provide access to the site, by building Arnold Road and complying with the Thoroughfare Plan, some of the off -site improvement will be required since a portion of the Right -of -Way is off -site. Ms. Jimmerson also stated that this recommendation is not a reflection upon the applicant's non - attempt to build a section of the infrastructure. However, under the current ordinances, the City would not have the ability to enforce the issue, if the applicant did not follow through with the plans to build the infrastructure. Commissioner Kaiser asked the distance between the city property parking lot and the property line. Ms. Jimmerson estimated it to be approximately 40 -50 feet. Chairman Floyd opened the public hearing. Greg Taggart, Municipal Development Group, spoke in favor of the rezoning, stating that the proposed uses are reasonable for the area. Additionally, there is a natural buffer. In regards to the infrastructure, Mr. Taggart pointed out that the Thoroughfare Plan would require the applicant to build streets prior to the platting process. Chairman Floyd closed the public hearing. Commissioner Happ motioned to approve the rezoning. Commissioner Hawthorne seconded the motion. Commissioner Kaiser asked Staff to clarify the infrastructure issues in regards to access to Arnold Road and the impact on the city if approved. Ms. Jimmerson stated that the primary issue would be a subdivision and commercial development accessing off of a gravel road. The City's responsibility would be to provide the funds to improve the road. Additionally, Ms. Jimmerson pointed out that rezoning cases that are approved with conditions has been unadvised by the courts. Commissioner Happ expressed concern regarding access to the C -1 property without going through the R -I property or from Arnold Road. Ms. Jimmerson explained that there is no other access at this time but that the Thoroughfare Plan shows a road going from Graham Road through the property. However, at this time, off -site improvements that will need to occur through City Condemnation. Commissioner Trapani asked if there were any other such cases as this allowed anywhere else within the city. Ms. Jimmerson stated that she is not aware of any of this magnitude. Commissioner Kaiser asked what the estimated time frame is for the construction of the connection of Graham Road and Rock Prairie Road. Ken Fogle, Transportation Planner, stated that this section is currently not on the City's CIP Project list. However, approximately a year from now Public Works will revisit the list to determine the projects for the next year. If this section of road makes the list for next year's projects, construction would be done within a 5 -year window. In response to Commissioner Hawthorne's question, Ms. Jimmerson reiterated the off -site issues addressed earlier. Commissioner Hawthorne asked if a condition for on -site access to the C -I that has access to and up to the point where Arnold Road is approved and meets the property line. Assistant City Attorney Nemcik stated that this does not have to be a condition of the rezoning, but rather required during the development process. Chairman Floyd called the question. The motion to approve failed 2 -5. Commissioners Williams, Trapani, Kaiser, Floyd and McMath voted in opposition to the motion. Commissioner Kaiser motioned to deny without prejudice. Commissioner McMath seconded the motion. The motion to deny carried 5 -2, with Commissioners Happ and Hawthorne voting in opposition. MINUTES College Station City Council Workshop and Regular Meetings Thursday, April 25, 2002 at 3:00 p.m. and 7:00 p.m. City Hall Council Chambers, 1101 Texas Avenue College Station, Texas COUNCIL MEMBERS PRESENT: Mayor McIlhaney, Mayor Pro Tern Mariott, Councilmembers Silvia, Massey, Garner, Maloney, Hazen STAFF PRESENT: City Manager Brymer, Assistant City Manager Brown, City Attorney Cargill, Jr., City Secretary Hooks, Director of Parks and Recreation Beachy, Director of Public Works Smith, Fire Chief Giordano, Director of Development Services Templin, Director of Economic Development Foutz, Director of Fiscal Services Cryan, Traffic Engineer Picha, Building Official Simms, MIS Director Burnside, City Planner Kee, Assistant Director of Public Works Smith, Assistant to the City Manager Rapaleye, Assistant City Secretary Casares, Public Relations and Marketing Assistant Jett Regular Agenda Regular Agenda Item No. 12.1 -- Public hearing, discussion and possible action on a rezoning request from A -O Agricultural Open to R -1 Single Family Residential and C -1 General Commercial for approximately 17.22 acres located along Arnold Road. Director of Development Services Kelly Templin remarked that the applicant requested the request for rezoning to enable development of the property. Currently, the subject tract has two zonings, the portion to the south is zoned R -1 and the northern portion is zoned C -1. He explained that the C -1 zoning does not comply with the Land Use Plan for the area and that it also does not comply with the development policies of the City's Comprehensive Plan, which only supports commercial uses at intersections of major roadways. He added that the R -1 zoning complies with the Land Use Plan but the increase in density would have a negative impact on the infrastructure. In addition, in order to provide access to the site, by building Arnold Road and complying with the Thoroughfare Plan, some of the off -site improvements will be required since a portion of the right -of -way is off -site. The Planning and Zoning Commission and staff recommend denial, without prejudice, of the rezoning due to infrastructure constraints and noncompliance with the Land Use Plan. Greg Taggart from Municipal Development Group representing the Texas Hotel Management Corporation, spoke in favor of the rezoning, stating that the surrounding 17 -acre tract is zoned C -1, and therefore the requested C -1 rezoning is equitable. Additionally, the owner is prepared to pay for the construction of a street from his property to Rock Prairie Road. Mayor McIlhaney opened the public hearing. No one spoke. Mayor McIlhaney closed the public hearing. Councilmembers Massey and Silvia expressed concern regarding the Arnold Road access and adequate buffering to adjacent residential development. Councilmember Maloney moved to deny the rezoning request without prejudice, directing the applicant to work with staff addressing the access issues. Motion seconded by Councilmember Garner, which carried unanimously 7 -0. FOR: McIlhaney, Mariott, Massey, Silvia, Garner, Maloney and Hazen AGAINST: None