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Planning and Zoning Commission
CITY OF COLLEGE STATION, TEXAS
November 14, 2002
6:00 P.M.
COMMISSIONERS PRESENT: Commissioners Floyd, McMath, Trapani, Hall, Shafer and
White.
COMMISSIONERS ABSENT: Commissioner Williams.
COUNCIL MEMBERS PRESENT: Hazen and Maloney.
STAFF PRESENT: Assistant City Manager Brown, Staff Planners Hitchcock,
Flanery, and Reeves, Assistant City Engineer McCully,
Graduate Engineers Thompson and Cotter, Assistant City
Attorney Nemcik, Director of Development Services
Templin, Development Review Manager Ruiz, Assistant
Development Review Manager George, Transportation
Planner Fogle, Action Center Representative Kelly,
Senior Planner Battle, and Staff Assistant Hazlett.
AGENDA ITEM NO. 1: 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 Minutes from the Workshop Meeting held on October 17, 2002.
3.2 Approved the Minutes from the Regular Meeting held on October 17, 2002.
3.3 Approved the Preliminary Plat for Autumn Chase, consisting of 18 R -5,
Apartment/Medium Density, and 5 R -2, Duplex Residential, lots on 8.35 acres located
at 2304 Cornell Drive. (02 -168)
P &Z Minutes November 14, 2002 Page 1 of 7
Addressing the townhouse proposal, Mr. Schultz explained that the project is unique due to all the
easements, pipelines, power lines, and sewer lines on the property which has made it difficult to get
full use of all the lots. He also pointed out that this is the first development on the Crowley Tract and
that the developer is trying to make it unique and has a good plan to maximize the use of it. Mr.
Schultz stated that because townhouse lots are typically narrow, the 400 feet depth for the cul -de -sac
should be acceptable. He added that it is not a safety problem and speed is not an issue of concern
either. Also, parking will be provided on the bulb of the cul -de -sac adjacent to common areas. In
closing, Mr. Schultz stated that this development is similar to others that have private streets. He
explained that the developer prefers a 50' street right -of -way and a public street and the flexibility to
create a unique subdivision.
Wallace Philips, the developer, displayed conceptual drawings of the townhouses that he is proposing,
which included a two car -two door garage and driveways for each one of them. Setbacks were
discussed and he showed that more green space would be allowed with the plan that he is proposing.
He added that the units would be upscale, affordable housing for South College Station, which is
currently not available.
Chairman Floyd asked Development Services Director Templin to explain what the new UDO says
about the PDD -H zoning district.
Mr. Templin stated that you would be able to continue with townhouse developments in a PDD. He
added that there are clustering provisions that have been included and other devices that could also be
used. He stated that he shared Staffs concern that the PDD not be used as a device to avoid standards
and regulations. In the future, Staff will approach the PDD with caution so those items that are health
and safety related or items that we have found promote good urban design are not given away.
Chairman Floyd closed the public hearing.
Commissioner Trapani motioned to approve. Commissioner White seconded the motion. There was
further discussion among the Commission regarding the uniqueness desired through a PDD -H vs. the
uniqueness of the property and the development that is proposed. Chairman Floyd asked if the details
should be resolved at the time of the rezoning or during the platting stage. The PDD -H opens a
question about the standards and conformities that are required. He expressed a desire for Staff to
meet again with the developer to further discuss the concerns and issues.
Commissioner Trapani withdrew his motion to approve and motioned to table the item until the
December 12 meeting. Commissioner White withdrew his second to the motion to approve and
seconded the motion to table. The motion to table carried 6 -0.
FOR: Trapani, White, Floyd, Shafer, McMath, and Hall.
AGAINST: None.
AGENDA ITEM NO. 9: Consideration, discussion, and possible action on a Final Plat and
Variance Request re: Access and Utilities, for Spring Meadows Phase 2, consisting of 87 lots on 32.07
acres located at 308 Greens Prairie Road. (02 -212)
Development Manager Ruiz presented the Staff Report. She stated that recommendation for the Final
Plat is for approval with Staff Comments #2. She also recommended approval of the proposed
variance. She explained that the proposal is for a single - family subdivision for 87 homes on 32 acres.
The variance request is to allow the subdivision of two non - buildable lots located primarily in the
floodplain, namely lots 12B and 13B. These two lots do not have public sewer, water, or street access.
P &Z Minutes November 14, 2002 Page 5 of 7
In essence, it would be a privately owned greenway. She added that the final plat is identical to the
preliminary plat that was approved in June of this year.
Commissioner Trapani asked who would be responsible for the upkeep of the privately owned
greenway. Ms. Ruiz explained that the intent of the developer is to include lots 12B and 13B with the
sale of lots 12A and 13A. She further explained that the reason the lot line is in the middle is for flood
insurance purposes.
Commissioner White asked about emergency access to the subdivision. Ms. Ruiz explained that the
Parks Board is requiring a 20' public right -of -way for pedestrian access that will also serve as access
for emergency vehicles.
There was some discussion regarding development practices and policies in reference to the greenways
master plan and its implementation. Ms. Ruiz explained that in the future, recommendations for
approval of these types of situations will not be made for several reasons. She sited one of the reason
being to enable the City to acquire particular greenways in order to comply with the Greenway Master
Plan. Ms. Ruiz explained that in this particular instance, the City owns the majority of the greenway,
and therefore feels that it can support the variance. Also, the Preliminary Plat was approved prior to
this policy shift.
Commissioner Trapani motioned to approve with Staff Comments #2 and was seconded by
Commissioner Shafer. The motion carried 6 -0.
FOR: Trapani, Shafer, White, Hall, Floyd, and McMath.
AGAINST: None.
AGENDA ITEM NO. 10: Public hearing, discussion, and possible action on a Zoning Ordinance
Amendment to Sections 5 and 7, regarding City initiated rezoning after annexation and the A -O,
Agricultural -Open, Zoning District. (02 -215)
Development Services Director Templin presented the Staff Report. Mr. Templin explained that the
item is a proposed amendment to Sections 5 and 7 of the current zoning code. The A -O zoning
designation is applied to all properties as they are annexed into the City. Currently, the code also
contains text that the City will initiate rezoning of properties within one year of annexation. This has
not been the practice of the City. The City has allowed or waited until property owners come forward
and request a rezoning. After some discussion with the City Council and the fact that the practice has
not been followed, City Council has requested that this matter be revisited and amended. While
conferring with the Legal Department on this matter, they requested that Section 5 also be amended by
removing it from the zoning code. Section 5 refers to the vesting of property and may be out of step
with Section 245 of the Texas Local Government Code. Everyone is vested under that statute
regardless of the City's statute and what it may encompass. It is requested that the removal of Section
5 and the vesting language, and the change of the zoning code that would require the City to initiate
rezoning within one year of annexation.
Chairman Floyd opened the public hearing.
Chairman Floyd closed the public hearing.
Commissioner Shafer motioned to approve the amendment and was seconded by Commissioner
Trapani. The motion carried 6 -0.
FOR: Floyd, Shafer, McMath, Hall, White, and Trapani.
P &Z Minutes November 14, 2002 Page 6 of 7