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Home My WebLink AboutminutesCITY OF COi..x.FGE STIV110N Pbrrrrirrg c ° !]rFart~r, r,tta:!t 1rrvieel MINUTES PLANNING AND ZONING COMMISSION Regular Meeting Thursday, December 4, 2008 at 7:00 p.m. City Hall Council Chambers 1101 Texas Avenue College Station, Texas COMMISSIONERS PRESENT: Bill Davis, Noel Bauman, Paul Greer, Doug Slack, Thomas Woodfin and Hugh Stearns COMMISSIONERS ABSENT: Chairman John Nichols CITY COUNCIL MEMBERS PRESENT: John Crompton CITY STAFF PRESENT: Staff Planner Jason Schubert, Assistant City Engineer Josh Norton, Senior Assistant City Engineer Carol Cotter, City Engineer Alan Gibbs, Transportation Planning Coordinator Joe Guerra, Assistant Director of Parks and Recreation David Schmitz, Director of Parks and Recreation Marco Cisneros, Planning Administrator Molly Hitchcock, Director Bob Cowell, Assistant Directors Lance Simms and Gabriel Elliott, First Assistant City Attorney Carla Robinson, Action Center Representative Carrie McHugh and Staff Assistant Brittany Caldwell 1. Call Meeting to Order. Acting Chairman Bill Davis called the meeting to order at 7:05 p.m. 2. Hear Citizens. Greg Taylor, 15796 IGN, stated that there is lack of meaningful public notice and participation which is one of the reasons why Meadow Creek is causing other properties to flood. 3. Consent Asienda. 3.1 Consideration, discussion and possible action on Absence Requests from meetings. • November 20, 2008 - Bill Davis 3.2 Consideration, discussion, and possible action to approve meeting Minutes. 0 November 6, 2008 - Workshop • November 6, 2008 - Regular 3.3 Presentation, possible action, and discussion on a Final Plat of Hope Subdivision, consisting one lot on 1.854 acres at 5376 Raymond Stotzer Parkway, located west of State Highway 47 in the City's Extraterritorial Jurisdiction. Case #08-00500187(LH) 3.4 Presentation, possible action, and discussion on a Final Plat of Phase 1A of the Tower Point Subdivision, consisting of one lot on 1.52 acres located at the northwest corner of the, intersection of William D. Fitch Parkway and Arrington Road. Case #08-00500292 (JS) 3.5 Presentation, possible action, and discussion regarding an ordinance to delete Chapter 9 of the City of College Station Code of Ordinances, Subdivisions, and amend Chapter 12 of the City of College Station Code of Ordinances, Unified Development Ordinance (UDO), to incorporate Chapter 9 into Chapter 12 and make procedural changes and other revisions. Case #08-00500248 (JS) Commissioner Bauman motioned to approve Consent Agenda items 3.1- 3.5. Commissioner Stearns seconded the motion, motion passed (6-0). CITY Of, COI-IJ-.(;E S-rivFION MINUTES PLANNING AND ZONING COMMISSION Regular Meeting Thursday, May 15, 2008 at 7:00 p.m. City Hall Council Chambers 1101 Texas Avenue College Station, Texas COMMISSIONERS PRESENT: Chairman John Nichols, Marsha Sanford, Bill Davis, Glenn Schroeder and Noel Bauman COMMISSIONERS ABSENT: Harold Strong CITY COUNCIL MEMBERS PRESENT: Lynn Mclhaney CITY STAFF PRESENT: Senior Planner Lindsay Boyer, Staff Planners Crissy Hartl, Lauren Hovde and Matt Robinson, Graduate Civil Engineer Erika Bridges, Acting Development Engineer Carol Cotter, City Engineer Alan Gibbs, Director Bob Cowell, Assistant Director Lance Simms, Planning Administrator Molly Hitchcock, First Assistant City Attorney Carla Robinson, Action Center Representative Kerry Mullins, Customer Service Representative Gina Southerland and Staff Assistant Brittany Caldwell Call Meeting to Order. Chairman Nichols called the meeting to order at 7:00 p.m. 2. Presentation, possible action, and discussion on a Variance Request to Section 8-G.2 Relation to adjoining Street Systems of the Subdivision Regulations; and presentation, possible action, and discussion on a Preliminary Plat for Kyle View Estates, consisting of 127 lots on 45.193 acres for the property located at 3455 Capstone Drive, generally located at the southwest corner of Capstone Drive and Wellborn Road. Case #08-00500072 (CH) Crissy Hartl, Staff Planner, presented the variance request to the street stub out requirement of Section 8-G.2 and recommended approval of the Preliminary Plat should the variance be approved. She stated that the applicant was fencing the entire property. Commissioner Sanford asked who would be responsible for the maintenance of the private alleyways. Ms. Hartl stated that the HOA would be responsible for the maintenance if the property was fenced. If the property was not fenced, the City would be responsible for the maintenance. Chairman Nichols opened the public hearing. Chris Peterson, attorney for the applicant, stated that the median value of the homes would be $270,000. He said that the gated community would have some commercial at the front of the property and there would be enough lots for the HOA to provide the maintenance for the private roads and alleyways. He said since the streets would be private streets, the surrounding properties could not use the stub outs. Brett McCully, Bleyl & Associates, stated that the central and northwest easement rights were being fully utilized. Chairman Nichols closed the public hearing. Commissioner Davis stated that he was concerned that the surrounding properties would be burdened by the development if the access points were developed as proposed. He said that the two southern pieces of land would be landlocked. Paul Leventis, Owner, said that it would be an orderly development. Commissioner Davis motioned to deny the variance. Commissioner Bauman seconded the motion, motion passed (5-0). Commissioner Davis motioned to approve the Preliminary Plat with the condition that Basalt Court be extended to the Thomas property with a temporary cul-de-sac easement. Commissioner Schroeder seconded the motion, motion passed (5-0). Page 1 of 1 Bob Cowell - Kyleview From: Bob Cowell To: Paul Leventis Date: 3/7/2008 9:59 AM Subject: Kyleview CC: Crissy Hartl Paul, I wanted to follow up with you regarding our conversation yesterday about Kyleview Estates. As I indicated, we are in agreement that the current Master Plan is in compliance with the Comprehensive Plan and the UDO. We will therefore recommend approval of the Plan with relevant comments. This item will be scheduled for the April 3rd meeting of the P&Z Commission. I also indicated that we will recognize that the Master Plan will vest the land uses (to the extent required by Local Government Code) as identified on the Master Plan, once the property is annexed. As you are aware the property will be zoned A-0 upon annexation and thus these land use designations while vested will be non- conforming and subject to the relevant provisions of the UDO. I also indicated to you that since the property will be zoned A-0, unless a plat is filed prior to annexation the lots for the site will need to comply with the A-0 provisions of the UDO (i.e., minimum lot size of 5 acres). If a Preliminary Plat for the property meeting all UDO requirements is filed prior to the effective date of the annexation (March 29, 2008) we will accept the plat as vested (to the extent required by Local Government Code) upon annexation. I urge you to proceed once annexed, with a comprehensive plan amendment and rezoning of the property to remove inconsistencies with the UDO and non-conforming issues with the development. Finally, as I mentioned the staff will likely proceed with an amendment to the Thoroughfare Plan to propose the re-alignment of Barron Road with Capstone to take advantage of the right of way already secured by the County and to avoid the relocation of the rail crossing. This will not have a direct impact on the Kyleview property. If you have any additional questions or have any further comments please do not hesitate to contact me. Thank you Robert S. Cowell, Jr., AICP Director Planning & Development Services College Station, TX file://CADocuments and Settings\bcowell\Local Settings\Temp\XPgrpwise\47DI120ACity... 2/10/2010 Page 1 of 2 Jennifer Prochazka Kyleview Estates From: Jennifer Prochazka To: Brett McCully Date: 2/10/2010 5:03 PM Subject: Kyleview Estates CC: Bob Cowell; Molly Hitchcock Brett, This email is in response to questions about Kyleview Estates posed at a Pre-Application Conference on Wednesday, February 3, 2010. The developer of Kyleview Estates submitted a Master Plan to the City on December 17, 2007, designating phases 4 & 5 as office/townhome use and commercial use, respectively. At the time the Master Plan was submitted, the development was located in the City's Extraterritorial Jurisdiction (ETJ). The developer filed a Preliminary Plat application on March 27, 2008. Following the submittal of the Master Plan and Preliminary Plat, the development was annexed into the City on March 29, 2008 (however, annexation proceedings were initiated on January 10, 2008). The development, including phases 4 & 5, was zoned A-0 at the time of annexation. A Final Plat application was submitted to the City on June 6, 2008. The current property owner now indicates a desire to develop phases 4 & 5 as single-family residential rather than office/townhome and commercial as depicted on the Master Plan. During the Pre-Application Conference, you asked if the property owner must seek a rezoning in order to develop phases 4 &5 of Kyleview Estates as single-family residential. A rezoning to R-1 or PDD would be required in order to develop phases 4 & 5 as single-family residential. As indicated in the Pre-Application Conference, this use is consistent with the designation of the property in the Comprehensive Plan. However, the Comprehensive Plan is a 20-year planning document and must be used in that context. Because of the existing character of the area (primarily rural and at the edge of the City), it is staffs position that a rezoning to a high-density single-family would not be justified at this time. You also asked if the property owner must seek a rezoning in order to develop phases 4 & 5 as office/townhome and commercial uses (as shown on the initial Master Plan and Preliminary Plat filed prior to annexation). As indicated during the platting process (via email to the owner of record at the time), we do recognize that the- Master Plan vested the land uses (to the extent required by Local Government Code) as they were identified on the Master Plan. The property was zoned A-0 Agricultural Open upon annexation and thus, although vested, the land uses are non-conforming and subject to the relevant provisions of the Unified Development Ordinance. It was also conveyed that because the preliminary plat was submitted on March 27, 2008 prior to the date of annexation (March 29, 2008), the lot sizes and configuration would be vested to those shown on the Preliminary Plat, and the subsequent Final Plat would need to be in compliance with the approved Preliminary Plat. So, while the land uses are vested and a rezoning is not required in order to develop the land as such, a rezoning would need to be sought to realize the full potential of the uses by allowing lot sizes, densities, setbacks, etc. of the applicable districts. A-0 setbacks, density restrictions, and lot size restrictions are such that townhome development would be very difficult. Other uses not requiring replatting, such as the office and commercial identified on the Preliminary Plat, could proceed without rezoning or replatting, but would need to meet the dimensional standards of the applicable district (A-0), including all building setbacks. Please let me know if you have any additional questions. Thanks! Jennifer Prochazka, AICP Senior Planner file://C:\Documents and Settings\jpzochazka\Local Settings\Temp\XPgipwise\4B72E6D2... 2/10/2010 Page 2 of 2 Planning & Development Services City of College Station P.O. Box 9960 1101 Texas Avenue College Station, TX 77842 Office: 979.764.3570 Fax: 979.764.3496 Email: iprochazka@cstx.gov Website: wwvv.cstx:gov City of College Station Home of Texas A&M University file://C:\Documents and Settings\jprochazka\Local Settings\Temp\XPgrpwise\4B72E6D2... 2/10/2010