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HomeMy WebLinkAbout02-00500107- 00073349MINUTES Planning and Zoning Commission CITY OF COLLEGE STATION, TEXAS March 21, 2002 7:00 P.M. COMMISSIONERS PRESENT: Commissioners Floyd, Hawthorne, Kaiser, McMath, Trapani, and Williams. COMMISSIONERS ABSENT: Happ. COUNCIL MEMBERS PRESENT: Council Members Hazen and Garner. STAFF PRESENT: Assistant City Manager Brown, Development Services Director Templin, Staff Planners Jimmerson and Hitchcock, Senior Neighborhood Services Planner Battle, Graduate Engineer Thompson, Assistant City Attorney Nemcik, City Planner Kee, Senior Planner Kuenzel, Development Review Manager Ruiz, Transportation Planner Fogle, Action Center Representative Steptoe, and Staff Assistant Hazlett. Chairman Floyd called the meeting to order at 7:02 p.m. AGENDA ITEM NO. l: Hear visitors None. AGENDA ITEM NO. 2: Public Comment for the Record None. AGENDA ITEM NO. 3: Consent Agenda The following items were approved by common consent. 3.1 Approved the Preliminary Plat for Westfield Addition Phase 2, consisting of 60 R -1 (Single Family Residential), lots on 12.4 acres located at 798 Graham Road. (02 -37) 3.2 Approved the Final Plat for Westfield Village Phase 1, consisting of 84 PDD -H (Planned Development District - Housing) lots on 16.790 acres located at 2668 Barron Road. (02 -38) P &Z Minutes March 21, 2002 Page I of 7 Jesse Watson, 1501 Langford, asked the Commission to consider reducing the buffer width from 15 feet to 6 feet since there is a substantial size berm also separating the church from the residential alley. Andrew Clouston, 3989 Tiffany Trail expressed concern regarding the noise level. He encouraged the Commission to require the maximum use of the buffer zone. Chairman Floyd closed the public hearing. Commissioner Kaiser motioned to approve with staff conditions. Commissioner Trapani seconded the motion. The motion carried 6 -0. AGENDA ITEM NO. 8: Public hearing, discussion, and possible action on a Rezoning for 29.65 acres located at 4401 State Highway 6 South from A -O Agricultural -Open, to C -1 General Commercial. (02 -35) Staff Planner Hitchcock stated that Staff recommends approval of the rezoning and that the subject land is largely undeveloped. She explained that The Land Use plan designates the land as residential but the plan is currently being updated to reflect recent changes in the area. She pointed out that the draft plan recommends that commercial zoning is appropriate for the land and would provide more locations for retail uses while buffering abutting uses through greenway and transportation corridors. Additionally, C -1 will allow more flexibility with the development of the land and with this zoning it will be possible to develop the retail regional uses that the Small Area Plan draft recommends. Chairman Floyd asked Ms. Hitchcock to explain the public process involved in the Small Area Plan. Ms. Hitchcock explained that several public meetings have been held regarding this plan and there have also been invitations from the landowners. Commissioner Kaiser asked what criteria led Staff to change the use of the land from residential to commercial. Ms. Hitchcock explained that the interest by the City to create a new business park and the selling of that land created some new conditions that were not foreseen in 1997 when The Comprehensive Plan came into play. This has changed some of the possible uses in the area. She added that The Small Area Plan was created to update the plan for this area. Chairman Floyd clarified the boundaries of the Small Area Plan as being Rock Prairie, Greens Prairie, and State Highway 6. He pointed out that this plan also changes other areas from residential to commercial, while keeping a balance of the uses for the area. Chairman Floyd opened the public hearing. Jim West, 4420 FM1960 #115, Houston, Texas, spoke in favor of the rezoning. Chairman Floyd closed the public hearing. Commissioner Trapani motioned to approve. Commissioner McMath seconded the approval. The motion carried 6 -0. AGENDA ITEM NO. 9: Public hearing, discussion, and possible action on a Preliminary Plat for the University Preserve, 24 R -1, Single Family Residential lots on 11.436 acres located at 1205,1207, and 1209 Munson. (0240) P &ZMinutes March 21, 2002 Page 3 of 7 Staff Planner Jimmerson presented the Staff Report. Ms. Jimmerson opened by stating that Staff recommends approval of the preliminary plat request to allow for development of the property, which is zoned R -1, Single Family Residential. She added that State Statute requires a public hearing for property being re- subdivided in areas that are zoned for residential use. However, the Commission is bound by State law to approve a preliminary plat that meets all subdivision regulations. Ms. Jimmerson also stated that the subject property qualifies under Section 18 of the Subdivision Regulations, for the minimum lot area requirement of 8500 square feet and the minimum width of the "average of the lots in the block." Under the R -1 zoning, development could generally occur up to a net density of 8 dwelling units per acre. However, the lots must also meet the provisions of Section 18 of the Subdivision Regulations, which further restrict density and dimensions. With the application of Section 18, the gross density of the development is approximately 1.86 dwelling units per acre. A total of 27 lots are proposed for this subdivision, one of which will be a detention area. The average lot width for this development is 113 feet, resulting in an 11,300 square feet area, which exceeds the 8500 square feet lot requirement under Section 18. This plat is scheduled to go before the Parks Board in April 2002. It is anticipated that the Parks Board will request a fee in lieu of land dedication for this tract. Finally, Ms. Jimmerson stated that Staff is concerned about the 5% increase in traffic for the area but access to the tract is required and the current Subdivision Regulations does not allow for denial of the plat based on this impact. The proposed location of the access is the best possible location. Chairman Floyd asked Assistant City Attorney Nemcik to explain the City's role in deed restrictions. Ms. Nemcik stated that the City is not able to enforce private deed restrictions. She explained that because the City of Houston meets the population requirements, only they are allowed to regulate and enforce deed restrictions. Chairman Floyd asked counsel to clarify the requirement by the State of Texas to approve the preliminary plat if all subdivision requirements are met. Ms. Nemcik explained that State law allows the City to regulate and have Subdivision and Development Regulations. However, once a subdivided property meets the requirements of our regulations in ordinance, by State law, our Commission is required to approve the plat; it is not discretionary. Commissioner Kaiser asked if drainage requirements were included in this consideration and if a study has been conducted on this property. Ms. Nemcik said that the drainage requirements are inclusive. Ms. Jimmerson interjected that at the preliminary plat stage there is only a need to show provision for a drainage study, where as at the final plat stage the final document is required as well as meeting all the requirements of the Subdivision Regulations regarding detention and drainage. Various detention/drainage areas were briefly discussed. Ms. Nemcik stated that the City does not have the jurisdiction to enforce the water code and that the City would not approve any drainage reports or studies that do not comply with State law. This determination will be made at the Final Plat stage. Chairman Floyd asked if all access requirements are met, what basis would the Commission have to discuss an alternative access point? In the absence of a requirement for dual access points to a subdivision, Ms. Nemcik stated that the City cannot require an additional access point. Chairman Floyd asked if the Commission could require the applicant to provide an access point at another location. Ms. Nemcik explained that the ordinance requires that access is taken onto a public street. The Commission can change the access location, but you cannot require access through adjacent private property. There is direct access off of Munson Drive. The Commission can adjust the current P &Z Minutes March 21, 2002 Page 4 of 7 proposed location of the access as long as it is taken onto a public street. Ms. Jimmerson pointed out that safety issues were the reasons the access is proposed to be as far to the north as possible. Commissioner Hawthorne asked what the Subdivision Regulations stated regarding the distance between driveways or curb cuts of new subdivisions. Ms. Jimmerson stated that driveway access for commercial /multi - family driveways are not as regulated as single family driveways on a residential street, which is the classification of this street. Commissioner Hawthorne asked if this was a private access easement and should then be considered a private street instead? Ms. Jimmerson stated that this will actually be a private street and will meet all the street standards of the ordinance. Commissioner Hawthorn then asked what the regulations are regarding the driveway distance between multi - family developments. He also asked if the City has identified this as being a residential development rather than a multifamily development. Ms. Jimmerson clarified that the City regards this access as a cul -de- sac street. She stated that she did not measure the distance between the access and the driveway next door, but explained that the overriding concern in this case is to have the street as far away from the curve as possible for safety reasons. Chairman Floyd opened the public hearing. The following spoke in opposition to the Preliminary Plat Al Casey, 1205 -B Munson Stephen Miller, 906 Munson Dawn Aberth, 1203 -A Munson Pete Lawson, 1003 Dominik Bob Jones, 6335 Gulfton, Houston, Texas Benito Flores- Meath, 901 Val Verde Roy Bowman, 1205 -A Munson Rodney Wallie, 813 Val Verde Granville Edwards, 1214 Westover Orin Michael, 1011 Dominik The following spoke in favor of the Preliminary Plat Fred Boadu, 1207 Munson Dale Browne, 1506 Richland Court N. Charles Pinnell, 1205 -C Munson Switzer Deason, 502 Arrowhead Point, Temple, Texas Drainage for the area was briefly discussed. Mr. Dale Browne stated that a drainage report would be provided as required during the Final Plat stage. He added that the increase in the pervious area is not enough to impact the flow. Commissioner Hawthorne expressed concern regarding the burden of the access easement. Mr. Brown stated that the access point was chosen because of the existing drive and its alignment with the other streets, as well as the lot arrangements and the minimum lot width requirements. Additionally, traffic conflict was a factor, taking into consideration the curve in the road in regards to sight distance and safety for the residents. Switzer Deason, the applicant, stated that he corresponded with the area residents prior to the City's notification letter, advising them of the proposed development. Mr. Deason addressed several issues that were raised by the residents. They are as follows: P &ZMinutes March 21, 2002 Page 5 of 7 Gate: The entrance is a 50 feet wide tract that is being acquired with the preliminary plat. Access: An attempt to purchase property on both Westover and Dominik for an alternate access has failed. Driveway: The tract adjacent to the 50' driveway has been re- subdivided and the driveway is on the north side, approximately 75' away from the tract Buffer /Screen: Proposing an attractive brick wall on each side of the 50' right -of -way Lot Size: Ten lots are 1/4 acre +, Ten are 1/4 - 1/2 acres, Four are more than 1/2 acre Trees: Valuable asset. Will move roadways and lots lines to save trees Drainage: The homes facing Dominik have an 8 feet drop in elevation from 1/4 mile. With the combined diagonal crossing of the drainage and the noted elevations, 2/3 of the water going across Dominik will be captured before the water reaches the homes. The drainage problem for the area will be 2/3 less than before. A final Drainage Study will be submitted at the time of Final Plat process. Mr. Deason added that the subdivision targets those of retirement age or nearing retirement. He also pointed out that the increased traffic would have less than a 5% impact on the existing traffic. He closed by stated that the preliminary plat request is in complete compliance with the Zoning Ordinance, Code, and the Moratorium requirements. Lastly, Mr. Deason said that the value of property would favorably impact the integrity and character of the neighborhood. Chairman Floyd closed the public hearing. Commissioner Hawthorne motioned to approve the Preliminary Plat. Commissioner Williams seconded the motion. Commissioner Kaiser asked counsel if the Commission could make certain findings on the plat relative to traffic given to certain testimony. Assistant City Attorney Nemcik stated that a legislative determination could be made, however, this is not a judicial hearing. She explained that the decision could be made to deny or approve the plat based on the information that is provided and the recommendation of staff. Further, Commissioner Kaiser asked if public safety and traffic concerns can be considered as a basis for denial. Ms. Nemcik said that a traffic impact study has not been made and that the information given in this meeting is non - technical information and what is required is individualized assessment though an impact study or expert testimony. In this case, staff is the expert. Commissioner Kaiser asked if this information could be requested. Ms. Nemcik answered stating that the ordinance does not require an impact study. Public safety can be considered if the roadway was insufficient to handle the traffic capacity, this may be a basis for denial. However, no data, study, or technical information has been presented. She recommended that a public hearing is not required at this stage. To deny the plat, the Commission must make that decision based on the information already provided. You have the ability to deny the plat at another stage in the process. Commissioner Kaiser asked if the options give to the Commission by Staff is State Statute or City Ordinance. Ms. Nemcik explained that state law requires that once a plat application has been filed and if it has not been denied within 30 days, the final plat will be automatically approved as a matter of law, even if it does not come before the Commission. Additionally, if the applicant chose to pull the application, it could adversely impact the applicant in the event that a legislative change or our ordinance changes in the interim. The applicant would then be giving up his vested right. Commissioner Kaiser asked about the credentials of anyone speaking during the public hearing portion of the meeting. The information that you are entitled to consider is the information provided by the applicant as required by ordinance, any information that is provided by the staff, and staff s commentary on any information they obtain. P &ZMinutes March 21, 2002 Page 6 of 7 Because this is not a hearing and therefore the information received from those speaking during the public hearing is public input and not testimony. Commissioner Trapani asked counsel to clarify Chapter 2.12. Ms. Nemcik stated that chapter 2.12010 is a platting statute that says; That the municipal authority responsible for approving plats shall approve a plat if the plat conforms to the general plan of the municipality and its current and future streets, alleys, parks, playgrounds, and public utility facilities, and if it conforms to the general plan for the extension of the municipality and it's roads, streets, and public highways within the municipality and in its extraterritorial jurisdiction, taking into account access to an extension of sewer and water mains and the instrumentality as a public utility. Chairman Floyd stated that the Commission operates under the laws of the State of Texas. Additionally, the City Council, not the Planning and Zoning Commission, is the legislative body. Commissioner Hawthorne stated that as a Commissioner he relies on the staff to provide him with information to consider along with the comments from the public during the public hearing process in making his decision. Commissioner Trapani stated that the private deeds and private restrictions mentioned during the public hearing portion of the meeting are private matters and not matters that are decided upon by the Commission. Additionally, he stated that the Commission has to follow the State Statute while considering the guidance of the City's legal counsel, the information provided by Staff, and the comments and concerns expressed by persons during the public hearing. Commissioner Williams added that she concurred with both Commissioners Hawthorne and Trapani and is assured that staff will address the drainage and traffic issues during the final plat stage. Commissioner McMath said that the Commission will take special care in reviewing the information provided tonight and the information to come with the final plat submission in addressing the concerns expressed. Commissioner Kaiser was also sympathetic toward the concerns expressed by the residents. He assured them that the information presented during the final plat stage must conform to all statutes for drainage and leave no question to the safety hazard issue unanswered. Chairman Floyd added that he was reminded of a fatal accident in the area along Munson and is of great concern. He would prefer the access to be off of Dominik, but the developer has not been able to obtain that access. However, law provides the applicant, if all requirements are met, the access off of Munson. Chairman Floyd called the question. The motion to approve carried 6 -0. AGENDA ITEM NO. 10: Discussion of future agenda items. None. AGENDA ITEM NO. 11: Adjourn. Commissioner Trapani motioned to adjourn the meeting that was seconded by Commissioner William's. The motion carried 6 -0. The meeting adjourned. APPROVED: Chairman, Rick Floyd ATTEST: Staff Assistant, Susan Hazlett P &Z Minutes March 21, 2002 Page 7 of 7 MINUTES 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 &Z Minutes July 1, 2002 Page 1 of 7 3.3 Approved the Minutes from the Regular Meeting held on June 6, 2002. 3.4 The applicant pulled the consideration and possible action on a Final Plat for One Lincoln Place, consisting of two lots on 2.9 acres on University Drive from the Agenda. (02 -108) 3.5 Approved the Final Plat for Bentwood Estates Phase I, consisting of 33 lots on 78 acres in the City's ETJ (Extraterritorial Jurisdiction). (02 -111) 3.6 Approved the Preliminary Plat for the Castlegate Subdivision Section 10 located north of the intersection of Victoria Avenue and Castlegate Drive. (02 -95) 3.7 Approved the Final Plat for Peach Creek Estates, consisting of 3 lots on 11.9 acres. (02 -116) REGULAR AGENDA AGENDA ITEM NO. 4: Consider request(s) for absence from meetings. Commissioner Hall motioned to approve the absence request. Commissioner Shafer seconded the motion. The motion carried 6 -0. AGENDA ITEM NO. 5: Consideration, discussion, and possible action on items removed from the Consent Agenda by Commissioner action. None. AGENDA ITEM NO. 6 : Public hearing, discussion, and possible action on a Final Plat for the University Preserve Subdivision, consisting of 14 acres located near the intersection of Dominik and Munson Avenue. (02 -107) This item was moved and heard following Agenda Item No. 7. Development Review Manager Ruiz presented the Staff Report. Ms. Ruiz recommended approval of the Final Plat with the condition that Staff has the ability to review the reserve fund proposal and have the Director of Public Works approve it. The proposal, which is required by Ordinance because of the private streets, has been received and is currently being reviewed. Ms. Ruiz stated that the applicant is proposing to construct 22 additional homes. She added that the replat further subdivides three lots of the Woodland Estates Subdivision. Ms. Ruiz also pointed out that a recent amendment to the Subdivision Regulations further restricts density and minimum lot dimensions when platting within older residential subdivisions. She stated that this criterion applies to all properties platted prior to 1970 as well as this plat and that the proposed subdivision is also in compliance with the Land Use Plan. Additionally, Ms. Ruiz pointed out that at the previous public hearing before the Commission on March 21, 2002, many surrounding property owners expressed concern regarding the location of the private street, increased traffic to the area, and drainage. She explained that staff has worked closely with the design engineer on the street location, hired an independent Traffic Impact Assessment, and addressed the drainage issues by enlarging the storm water detention facility with an additional lot that was removed from the approved preliminary plat for this purpose. Ms. Ruiz also stated that in her opinion, the cul -de -sac requirements have also been met. Chairman Floyd asked the applicant to clarify some statements. Switzer Deason, 2706 Pinehurst, Bryan, stated that his efforts to acquire entry to Dominik or Westover were unsuccessful and remain as P &ZMinutes July 1, 2002 Page 2 of 7 such. He added that the location of the entry is in the best possible location given the existing physical restraints of the property. Also, Mr. Deason stated that because of the efforts to address the drainage issues expressed by two property owners, should experience a significant decrease in the amount of run -off to the rear of their property. A special traffic study has been done to address the traffic issues that were expressed. Joe Blaschke, the City's consulting engineer, reported the findings of his study. He stated that this development is too small to cause any traffic concerns. The traffic count is made over a 24 -hour period with 3/4 of the volume of traffic taking place within a 12 -hour period, between 7 a.m. and 7 p.m. Additionally, Mr. Blaschke stated that there is not a site distance or safety concern at this location and that this determination was made according the actual physical layout of Munson. Chairman Floyd opened the public hearing. Bob Jones, representing Millie Jones, a resident, stated that several items were of concern to him, but particularly the traffic issue. He pointed out that Munson was a residential street and a maximum of 1,000 cars is allowed. As a collector street, a maximum of 5,000 cars is allowed. State law states that this proposal should meet not only the subdivision regulations, but also meet the design guidelines or the general plan of the City. He pointed out several statements in the guidelines. He stated that the increase in traffic would be an inordinate amount for this area compared to what the guidelines read. He also believes that the applicant is platting and putting more lots on the street than the ordinance allows and should require a variance, and because of specific conditions required for a variance, this proposal would not qualify for a variance. Oran Mikeal, 1011 Dominik, expressed concern regarding the drainage issue in the area, particularly on his property, due to the change in the surface area, the contour of the land, and ultimately the saturation rate. Ruth Fleeger, 1212 Westover, also expressed concern regarding drainage. Benito Flores Meath, 901 Val Verde Drive, expressed concern about the blockage of traffic due to the length of the drive at the entry -gate of the subdivision. Mr. Edwards, 1214 Westover asked how many homes are allowed to be built on each lot. Development Review Manager Ruiz answered that one house per lot is allowed. Chairman Floyd closed the public hearing. Commissioner Williams motioned for approval with Staff conditions. Commissioner McMath seconded the motion. Commissioner White asked Dr. Blaschke to address the drive and gate concerns. Mr. Blaschke stated that stacking storage for a 2 to 3 vehicles is sufficient for this size of development. Mr. Deason, the applicant, explained that the driveway ordinance requires a minimum of 60' length but stated that they plan to place the gate 80' back in order to allow stack room for 4 vehicles. The streets coming into the subdivision are 20 feet wide on each side, giving 40 feet of roadway. With this in mind, vehicles can be stacked side by side, making room to stack 8 cars, which is not required for a 22 home subdivision. Chairman Floyd called the question. The motioned carried 5 -1, with Commissioner Hall voting in opposition. AGENDA ITEM NO. 7: Public hearing, discussion, and possible action on a Conditional Use Permit and Site Plan for the First United Methodist Church located at 1125 Wellborn Road. (02 -110) This item was moved and heard prior to Agenda Item No. 6. P &Z Minutes July 1, 2002 Page 3 of 7