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Planning and Zoning Commission
CITY OF COLLEGE STATION, TEXAS
July 1, 2004
AGENDA ITEM NO. 5: Public hearing, discussion, and possible
action on an ordinance Rezoning 6.99 acres south of Harvey
Mitchell Parkway from R -1 Single Family Residential to C -1 General
Commercial.
Staff Planner Prochazka presented the Staff Report. She stated that
the applicant is requesting the rezoning in order to develop the
property with a retail market and a 20,000 square foot drive -thru
restaurant /banquet hall, adding that Staff recommends the
Commission table the request to allow staff to update the OV Overlay
zone to include regulations that more clearly address the aesthetics of
this gateway to the City Center. However, Ms. Prochazka said that if
the Commission wishes to approve the zoning, Staff recommends that
they do so with the addition of the existing OV Overlay zone on the
property. Because of its proximity to the proposed City Center
project, Staff is recommending the addition of the OV Overlay for
additional restrictions on color, signage, and setbacks. The current OV
zone does not regulate building materials, architectural articulation, or
the location of the building and parking in relation to the site. Ms.
Prochazka pointed out that the C -1 zoning district allows a restaurant
of the proposed size with a drive -thru. Additionally, the articulation
requirements have been met by the applicant. Ms. Prochazka
explained that the Land Use Plan designates the property as Planned
Development, which emphasizes the need to consolidate properties
and masterplan the area to ensure appropriate placement of different
uses. The creation of the intersection of the Dartmouth extension and
Harvey Mitchell Parkway makes commercial zoning on this property a
valid concept from a planning perspective. As additional properties are
zoned for general commercial development in this area, there may be
more pressure to rezone the remaining tracts in the area to a general
commercial classification. In closing, Ms. Prochazka reported on the
responses received regarding concerns about taffic, lighting and noise.
Chairman Shafer opened the public hearing.
Veronica Morgan, Mitchell and Morgan, 511 University Drive, made a
presentation in favor of the request. She displayed a concept plan,
pointed out the alignment and explained that the applicant is willing to
finance and construct a portion of Dartmouth and requests oversize
participation. She also pointed out the access points on the proposed
site. Ms. Morgan stated that the applicant has met the intent of the
corridor regarding aesthetics through his submitted proposal. She
added that this is an appropriate use for the property and that
development policies also support the proposal. The flag and pennant
restrictions in the C -1 zoning district along with the concerns regarding
a drive isle were the only concerns Ms. Morgan expressed.
Kenny Cotten, the applicant, spoke in favor of the rezoning. He briefly
explained the nature of the family owned business. His son, Kenny
Cotten, Jr., pointed out the water features and other possible specialty
shops and amenities planned for the site.
George Ball, 3800 State Highway 6 South, representing the property
owner, spoke in favor of the project, asking the Commission to
consider granting the C-1 zoning change to development the property
owner, the developer, and also the City of College Station.
Chairman Shafer closed the public hearing.
Commissioner Hall motioned to rezone the property to C -1 with the
recommendation by Staff for the overlay zone. Commissioner White
seconded the motion.
Commissioner Hall stated that the character of the applicant and his
attitude in working with the staff is commendable. He added that the
business can be very favorable for other businesses to come to College
Station. He said that concern with this property has always been in
regards to drainage. However, the recent weather has shown that it
can handle this type of development.
Commissioner White stated that he too was impressed with the good
job of applicant and was looking forward to the possibility of having a
quality establishment at this important gateway of the city.
Commissioner Reynolds concurred.
Commissione Hall also remarked that a family owned business is more
respectful of their neighbors.
Chairman Shafer agreed with all the comments. He stated that he
appreciates the applicants differences from other applicants and his
desire to connect with Texas A &M University. He added that his good -
faith efforts are commendable and that the plans for a farm patch and
other establishments of sorts are complimentary businesses and will
represent an area that in the future will be a destination. He supports
the motion.
Chairman Shafer called the question. The motion to approve the
rezoning with the addition of the existing OV Overlay zone on the
property. The motion carried 4 -0.
FOR: Reynolds, White, Hall, and Shafer.
AGAINST: None.
ABSENT: Davis.
04 -!q)3
Council Meeting 7/22/04 Page 5
8. Hear Visitors:
Council did not receive any public comment.
Consent Agends
11 1 Approved by common consent minutes for City Council Workshop and Regular meeting
July 8. 2004
112 Bid No 04-54 — Approved by common consent annual price agreement for purchase of
various distribution and padmount transformers maintained in inventory for an annual
estimated expenditures totaling $418.434 00.
11.3 Bid No. 04-70— Approved by common consent annual price agreement for the purchase
of water and sewer tapping materials for the water /sewer inventory for an annual
estimated expenses totaling $80,198.46
11.4 Approved by common consent Resolution No. 7- 22- 2004 -11.4 authorizing the City to
pay the fees associated with the acceptance of credit card payments for all fees and
charges that the City collects.
115 Approved by common consent a Sub - Recipient agreement between the City of College
Station and the Texas Engineering Extension service regarding State Homeland Security
and Law Enforcement Terrorism Prevention Program Grants for response equipment
11.6 Approved by common consent Change Order No 2 in the amount of $7.473 50 for
Contract No. 04-003 with Brookway Horticultural Services to add annual landscape
maintenance responsibilities for the Tarrow Street medians and the traffic triangle located
at Hereford Street and Winding Road to the existing contract.
Regular Agenda
Regular Agenda ltem No. 12.1 — Public hearing: discussion and possible action on an
ordinance fora Cift initiated moning of 6.99 acres south of Harvey Mitchell Parkway, at
the future Dartmouth Intersection, from R -1 Single FamLty Residential to C -1 General
Commercial.
Staff Planner Jennifer Prochazka presented Regular Agenda Items 12.1 and 12.2 together. She
remarked that the applicant requested the rezoning in order to develop the property with a retail
market and a 20.000 square foot drive -thru restaurant/banquet hall. Due to the proximity to the
proposed City Center, staff recommended the addition of the Overlay for additional restrictions
on color, signage, and setbacks for the gateway. The Land Use Plan designates the property as
Planned Development This area was proposed for the Dartmouth Street south extension.
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Council Meeting 7/2104 Page 6
The creation of the intersection from these two major roadways makes commercial zoning on
this property a valid concept.
The Planning and Zoning Commission and staff recommended approval
Mayor Silvia opened the public hearing.
The following citizens addressed the City Council in favor if the rezoning
Veronica Morgan, Mitchell and Morgan, 511 University Drive
Denny Cotton Sr., the applicant
Kenny Cotton Jr., the applicant's son
George Ball, 2900 State Highway 6 South,
Mayor Silvia closed the public hearing.
Council member Wareing moved to approve Ordinance No. 2733 rezoning 6.99 acres south of
Harvey Mitchell Parkway from R -1 Single Family Residential to C -1 General Commercial
Mayor Pro Tern Maloney seconded the motion, which carried unanimously 6-0.
FOR: Silvia, Maloney, Massey. Happ, Wareing, Lancaster
AGAINST None
ABSENT: Berry
1t�e ular Ageoda Item No. 12.2 — Public hearing, presentation, discussion and possible
action on a ordinance rezoning 6.99 acres south of Harvey Mitchell Parkway, at the future
Dartmouth Intersection. to apply the OV Overlay Zone to the prope
Council member Wareing moved to approve Ordinance No. 2734 approving the Overlay zone
for the 6.99 acres south of Harvey Mitchell Parkway at the future Dartmouth intersection.
identifying the Dartmouth intersection as a Gateway or major corridor to the City. Council
member Lancaster seconded the motion, which carried unanimously 6-0.
FOR: Silvia, Maloney. Massey. Happ. Wareing. Lancaster
AGAINST- None
ABSENT Berry
Regular Agenda Item No 123 — Public hearinm discussion and possible action on an
ordinance for a Citv initiated rezoning from C -2 Commercial- Industrial to R -1 Single-
Family Residential for Lots 21-34 and Lots 3PS of Block 2 Pasler Subdivision located
west of Pasler Street, south of Gilbert Street and east of Turner Street.
Staff Planner Jennifer Prochazka noted that staff was made aware of a small portion of property
in the residential area north of Lincoln Avenue that was zoned C -2 Commercial- Industrial.
According to the Comprehensive Plan and City's development policies, this area is not
appropriate for C -2 zoning or the types of uses that are allowed within the district. In order to
preserve the integrity of the neighborhood. the City initiated rezoning of these properties to R -1
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