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HomeMy WebLinkAboutStaff ReportCITY OF COLLEGE STATION DEVELOPMENT SERVICES 1101 Texas Avenue South, PO Box 9960 College Station, Texas 77842 Phone (979)764 -3570 / Fax (979)764 -3496 TO: Dl�s FROM: Susan Hazlett, Staff Assistant DATE: June 30, 2003 RE: Staff Report P &Z Meeting, July 3, 2003 Following this coversheet is a copy of the Staff Report that was prepared for the following project. Please keep in mind that staff s responsibility is to provide the Planning & Zoning Commission with all pertinent facts of a development case, but that staff is not acting as an advocate for the applicants. Therefore, it is in the applicant's best interest to send a representative to the Planning & Zoning Commission meeting to speak on behalf of the proposal. This item is scheduled for the Thursday, July 3, 2003 Planning & Zoning Commission Meeting. This meeting will begin at 7:00 P.M. in City Hall Council Chambers. I have included a copy of the agenda for this meeting. Please contact our office at (979)764- 3570 if you should have any questions. Thanks. AGENDA Planning and Zoning Commission CITY OF COLLEGE STATION, TEXAS CITY HALL COUNCIL CHAMBERS 1101 Texas Avenue July 3, 2003 7:00 P.M. Hear Citizens At this time, the Chairman will open the floor to citizens wishing to address the Commission on planning and zoning issues not already scheduled on tonight's agenda. The citizen presentations will be limited to three minutes in order to accommodate everyone who wishes to address the Commission and to allow adequate time for completion of the agenda items. The Commission will receive the information, ask city staff to look into the matter, or will place the matter on a future agenda for discussion. (A recording is made of the meeting; please give your name and address for the record.) 2. Public Comment for the Record At this time, the Chairman will open the floor to citizens wishing to address the Commission on consent and regular agenda items that are not scheduled for a public hearing. This does not include items where hearings have been previously held. The citizen presentations will be limited to three minutes in order to accommodate everyone who wishes to address the Commission and to allow adequate time for completion of the agenda items. The Commission will receive the information and it will be added to the public record. (A recording is made of the meeting; please give your name and address for the record.) Public Comment on the Unified Development Ordinance (UDO). At this time, the Chairman will open the floor to citizens wishing to address the Commission on the recently adopted Unified Development Ordinance. The citizen comments will be limited to three minutes in order to accommodate everyone who wishes to address the Commission and to allow adequate time for completion of the agenda items. The Commission will receive the information and it will be added to the public record. (A recording is made of the meeting; please give your name and address for the record.) All matters listed under Item 3, Consent Agenda, are considered to be routine by the Planning and Zoning Commission and will be enacted by one motion. These items include preliminary and final plats, where staff has found compliance with all minimum subdivision regulations. All items approved by Consent are approved with any and all staff recommendations. There will not be separate discussion of these items. If any Commissioner desires to discuss an item on the Consent Agenda it will be moved to the Regular Agenda for fiurther consideration. 4. Consent Agenda 4.1 Consideration, discussion and possible action on the Minutes for the Regular Meeting held on May 15, 2003. 4.2 Consideration, discussion and possible action on the Minutes for the Regular Meeting held on June 5, 2003. 4.3. Consideration, discussion and possible action on a Final Plat for the Edelweiss Business Center, Lot 9 Block 1 consisting of 1.63 acres located at 12965 FM 2154. (03 -65) 4.4. Consideration, discussion and possible action on a Final Plat for Spring Meadows Subdivision Phase 11 consisting of 95 lots on 32 acres generally located at 308 Greens Prairie Road. (03 -120) This building is wheelchair accessible. Handicapped parking spaces are available. Any request for sign interpretive service must be made 48 hours before the meeting. To make arrangements call 409 - 764 -3517 or (TDD) 1- 800 - 735 -2989. Agendas posted on Internet W ebsite http:// devservices .ci.college- station.tx.us and Cable Access Channel 19. 4.5 Consideration, discussion and possible action on a Final Plat for the Fedora Subdivision consisting of a single 1.129 -acre lot located at 12925 FM 2154. (03 -131) 4.6 Consideration, discussion and possible action on a Final Plat for the Castlegate Subdivision Section 11 consisting of 43 Single Family Residential Lots on 12.1 acres located off Victoria Avenue, west of its intersection with Future State Highway 40. (03 -125) 4.7 Consideration, discussion and possible action on Final Plat for Fox Hollow consisting of 2 lots on 6.588 acres of land located at the intersection of Ball Circle and Pipeline Road in the City's ETJ. (03- 126) 4.8 Consideration, discussion and possible action on a Final Plat for Gateway Phase 2 consisting of 1 lot on 12.3 acres generally located at 1401 Earl Rudder Freeway. (03 -129) 4.9 Consideration, discussion and possible action on a Vacating and Final Plat for Lot 1, Block 1 and a Final Plat for Lot 2, Block 1 of the Gateway Park Subdivision consisting of 2 lots on 11.5 acres generally located at 1401 Earl Rudder Freeway South and Associates Drive. (03 -127) Regular Agenda Consideration, discussion and possible action of request(s) for absence from meetings. 6. Consideration, discussion, and possible action on items removed from the Consent Agenda by Commission action. 7. Public hearing, discussion and possible action on a Rezoning to amend the concept plan and other elements of the PDD -B for the Benjamin Knox Gallery, being Lot IA, Block D of the College Heights Subdivision, 0.48 acres located on the northwest corner of University Drive and MacArthur Street. (03 -142) Public hearing, discussion and possible action on Variance Request to Section 18 of the Subdivision Regulations concerning minimum lot width and a Replat for the F.S. Kapchinski's Subdivision consisting of 5 lots on 1.66 acres generally located at 1603 Park Place. (03 -112) 9. Public hearing, discussion and possible action on a Replat for University Park Phase I1, Lot 3B, Block V consisting of 4 lots on 5 acres generally located at 903 University Drive East. (03 -144) 10. Public hearing, discussion and possible action on an Amendment to the City of College Station's Comprehensive Plan for the area between Wellborn Road (to the west) and Peach Creek (to the east) in the Extra - Territorial Jurisdiction. (03 -132) 11. Public hearing, discussion and possible action on final input regarding the Draft Northgate Redevelopment Implementation Plan. 12. Consideration, discussion and possible action on a Master Preliminary Plat for the Shenandoah Subdivision Phases 7 and 8 consisting of 113 lots on 146 acres generally located at 4000 Alexandria Avenue. (03 -138) 13. Discussion of future agenda items. 14. Adjourn. Consultation with Attorney {Gov't Code Section 551.0711 ; possible action. The Planning and Zoning Commission may seek advice from its attorney regarding a pending and contemplated litigation subject or attorney - client privileged information. After executive session discussion, any final action or vote taken will be in public. If litigation or attorney - client privileged information issues arise as to the posted subject matter of this Planning and Zoning Commission meeting, an executive session will be held. STAFF REPORT Project Manager: Spencer Thompson Date: June 24, 2003 Email: shompson@ci.college-station.tx.us Item: Public hearing, discussion, and possible action on a Variance Request to Section 18 of the Subdivision Regulations concerning minimum lot width and a Replat for the F S Kapchinski Subdivision consisting of 5 lots on 1.66 acres generally located at 1603 Park Place. Applicant: Kerr Surveying, Agent Staff Recommendations: Staff recommends that, should the Commission rule in favor of the Variance Request, the plat be approved. If the Commission denies the Variance Request, the plat shall be denied. Item Summary: The Applicant wishes to subdivide the existing three lots into 5 "developable size" lots. A variance to Section 18, "Platting and Replatting in Older Residential Subdivisions" must be granted concerning lot width to approve the plat. The Plat meets the minimum lot area requirement of 8,500 sqft. Staff determined the applicable "block" to be the lots on both sides of Park Place from the subject property eastward to 1713 Park Place. All R -1 zoned properties. The Replat, as proposed, would create 5 lots in place of the existing 3 lots. The average lot width of the 5 proposed lots is 52 feet with an average lot area of 14,400 sgft. Staff has determined the existing average lot width to be approximately 62 ft. Therefore, the applicant is requesting a variance of 10 ft to the minimum lot width requirement. Section 18 is as follows: SECTION 18: PLATTING AND REPLATTING WITHIN OLDER RESIDENTIAL SUBDIVISIONS 18 -A. This section applies to all property in which any portion of that property meets the following criteria: 18 -A.1 Any portion of the property is currently zoned or developed for single family residential uses as of January 1, 2002 with the exception of NG -1, NG -2 and NG -3 zoning districts; and, 18 -A.2 The subject property is part of a lot or building plot that was created prior to July 15, 1970. This also includes lots that may have been vacated or replatted after July 15, 1970 but where the original plat predates July 15, 1970. 18 -B. In addition to the other provisions of this ordinance, no plat, replat, vacating and resubdividing plat or other plat intended to provide for the resubdivision of an existing lot or lots in a residential subdivision may be approved unless: 18 -B.1 The plat does not create an additional lot or building plot. 18 -B.2 A plat which does create an additional lot or building plot must meet or exceed the average width of the lots along the street frontage, for all lots in the block and contain at least 8,500 square feet of space for each dwelling unit. For the purpose of this section, a lot shall be defined to include the lot, lots and /or portions of lots that have been combined and used as a residential plot, as of the effective date of this ordinance. Therefore, a variance to the lot width portion of the ordinance is required. Please see variance findings from the Section 5 of the Subdivision Regulations below. The Land Use Plan shows the area as High- density Residential. The subject property is currently zoned R -1. Numerous lots in the area have been subdivided to smaller lots since the property was initially platted. This area has experienced some redevelopment in recent years. Comprehensive Plan Considerations: Land Use Plan: High- density residential Parkland Dedication: Two additional lots are being created. Parkland fees are applicable to the 2 newly created lots. The recommendation from the Parks Board is for a fee in lieu of land. Greenways: The Wolf Pen Creek floodplain/ greenway impacts the rear of the subject properties, as shown on the plat. Minimum floor elevations have been established and shown. Zoned: R -1 Supporting Materials: 1. Location Map 2. Application 3. Block/ average lot width illustration 4. Letter in support of variance request from co- applicant. SECTION 5: VARIANCES 5 -A The Commission may authorize a variance from the regulation when, in their opinion, undue hardship will result from requiring strict compliance. In granting a variance, the Commission shall prescribe only conditions that it deems not prejudicial to the public interest. In making the findings hereinbefore required, the Commission shall take into account the nature of the proposed use of the land involved, the existing use of land in the vicinity, the number of persons who will reside or work in the proposed subdivision, the possibility that a nuisance will be created, and the probable effect of such variance upon traffic conditions and upon public health, convenience, and welfare of the vicinity. No variance shall be granted unless the Commission finds: 5 -A.1 That there are special circumstances or conditions affecting the land involved such that strict application of the provisions of this chapter will deprive the applicant of the reasonable use of his land; 5 -A.2 That the variance is necessary for the preservation and enjoyment of a substantial property right of the applicant; 5 -A.3 That the granting of the variance will not be detrimental to the public health, safety, or welfare, or injurious to other property in the area, or to the City in administering this chapter; and 5 -A.4 That the granting of the variance will not have the effect of preventing the orderly subdivision of other land in the area in accordance with the provisions of this chapter. 5 -B Such findings of the Commission, together with the specific facts upon which such findings are based, shall be incorporated into the official minutes of the meetings at which such variance is granted. Variances may be granted only when in harmony with the general purpose and intent of this chapter so that public health, safety, and welfare may be secured and substantial justice done. Kapchinski Subdivision, block 1, commonly known as Park Place, runs between Texas Avenue and Anderson street. Two large multi family apartment projects define the western most border of the block at Anderson, and the eastern boundary is a commercial development consisting of HEB Pantry, Long John Silvers, many smaller businesses and the water tower. Subject Property: 1603 — 1607 Park Place, borders the Taos Apartments on the east side. Property owner requests a variance to a portion of: SECTION 18: PLATTING AND REPLATTING WITHIN OLDER SUBDIVISIONS, of the City of College Station's Subdivision Regulations. More specifically, 18 -13.2 Property owner's proposed replat does meet the criteria of the 8500 square foot minimum discussed in 18 -B.2. However, so that the 1.65 acre tract might be utilized to its best and highest use property owner respectfully requests a variance for the portion of 18 -13.2 which pertains to lot widths. Property owner will address SECTION 5: VARIANCES A.1 — A.4, of the City of College Station SUBDIVISION REGULATIONS in the following manner: Property owner respectfully requests that the commission consider granting a variance for the following reason(s): (i) The property owner's proposed replat is compatible on the whole and in keeping with the existing lots on the block. Single family homes to be built will also be of like character in both size and description to the existing homes on the block. a. Eighteen(18) of thirty nine(39) or 46% of the existing lots on the block have current frontage widths of fifty two linear feet or less. Including eleven lots directly across the street and several more on the same side of the street No less than five of these lots have been developed in the last eighteen months, and two of the lots have structures currently under construction. All of these aforementioned lots have widths which are less than the 52.3 feet which the property owner proposes. Special circumstance regarding the size of the tract. The property owner's tract of land has an unusual amount of depth and surface area when compared to the existing tracts and lots on the block. The tract is 72,056 sq feet or 1.65 acres of land. a. The western most boundary has a depth of 232 linear feet, while the eastern border measures 327 feet in depth. The proposed replat will provide lots with an average surface area of 14,425 square feet This is 170% of the 8500 square foot minimum, and significantly larger than the eleven 52 foot wide lots directly across the street. For the enjoyment of the best and highest use of the property for the property owner, neighborhood and community. Since the 1.65 acre tract is otherwise land locked, this represents the last opportunity for the property to ever be developed. (iv) Architecture. a. The property owner /developer has a history of building single family homes in the immediate area which are in direct keeping with the architectural interests of the Southside Historical District. The improvements made to the replatted property will also be of this architectural vein and will provide tremendous aesthetic value to the block. (please see photos) Summary In summary, the property owner feels that the proposed replat and use of the land is compatible and in keeping with the existing land in the immediate and near bye vicinity. Property owner also feels that the proposed replat will lend itself to the best and highest use of the land, and do so without jeopardizing in any way the integrity, public health, safety or welfare of the properties or property owners in the area. * * * Drainage and other considerations - There is an existing creek which runs behind the property. No earth shall be moved or disturbed which would change the existing natural drainage. STAFF REPORT Project Manager: Spencer Thompson Date: June 24, 2003 Email: sthompson @ci.college - station.tx.us Item: Public hearing, discussion, and possible action on a Variance Request to Section 18 concerning minimum lot width and Replat for the F S Kapchinski Subdivision consisting of 5 lots on 1.66 acres generally located at 1603 Park Place. Applicant: Kerr Surveying, Agent Staff Recommendations: Staff recommends that, should the Commission rule in favor of the Variance Request, the plat be approved. If the Commission denies the Variance Request, the plat shall be denied. Item Summary: The Applicant wishes to subdivide the existing three lots into 5 "developable size" lots. A variance to Section 18, "Platting and Replatting in Older Residential Subdivisions" must be granted concerning lot width to approve the plat. The plat meets the minimum lot area requirement of 8,500 sgft. Staff determined the applicable "block" to be both sides of Park Place from the subject property eastward to 1713 Park Place. The replat would create 5 lots with the average lot width being 52 feet and average lot area of 14,400 sqft. The Land Use Plan shows the area as High- density Residential. The subject property is currently zoned R -1. Numerous lots in the area have been replatted to smaller lots since the property was initially platted. The area has experienced some redevelopment in recent years. Comprehensive Plan Considerations: Land Use Plan: High- density residential Parkland Dedication: Two additional lots are being created. Parkland fees are applicable to 2 newly created lots. The recommendation from the Parks Board is for a fee in lieu of land. Greenways: The Wolf Pen Creek floodplain/ greenway impacts the rear of the subject properties, as shown on the plat. Minimum floor elevations have been established and shown. Zoned: R -1 Supporting Materials: 1. Location Map 2. Application 3. Copy of Final Plat 4. Block/ average lot width illustration STAFF REPORT Project Manager: Spencer Thompson Date: June 24, 2003 Email: shompson@ci.college-station.tx.us Item: Public hearing, discussion, and possible action on a Variance Request to Section 18 of the Subdivision Regulations concerning minimum lot width and a Replat for the F S Kapchinski Subdivision consisting of 5 lots on 1.66 acres generally located at 1603 Park Place. Applicant: Kerr Surveying, Agent Staff Recommendations: Staff recommends that, should the Commission rule in favor of the Variance Request, the plat be approved. If the Commission denies the Variance Request, the plat shall be denied. Item Summary: The Applicant wishes to subdivide the existing three lots into 5 "developable size" lots. A variance to Section 18, "Platting and Replatting in Older Residential Subdivisions" must be granted concerning lot width to approve the plat. The Plat meets the minimum lot area requirement of 8,500 sqft. Staff determined the applicable "block" to be the lots on both sides of Park Place from the subject property eastward to 1713 Park Place. All R -1 zoned properties. The Replat, as proposed, would create 5 lots in place of the existing 3 lots. The average lot width of the 5 proposed lots is 52 feet with an average lot area of 14,400 sqft. Staff has determined the existing average lot width to be approximately 62 ft. Therefore, the applicant is requesting a variance of 10 ft to the minimum lot width requirement. Section 18 is as follows: SECTION 18: PLATTING AND REPLATTING WITHIN OLDER RESIDENTIAL SUBDIVISIONS 18 -A. This section applies to all property in which any portion of that property meets the following criteria: 18 -A.1 Any portion of the property is currently zoned or developed for single family residential uses as of January 1, 2002 with the exception of NG -1, NG -2 and NG -3 zoning districts; and, 18 -A.2 The subject property is part of a lot or building plot that was created prior to July 15, 1970. This also includes lots that may have been vacated or replatted after July 15, 1970 but where the original plat predates July 15, 1970. 18 -B. In addition to the other provisions of this ordinance, no plat, replat, vacating and resubdividing plat or other plat intended to provide for the resubdivision of an existing lot or lots in a residential subdivision may be approved unless: 18 -B.1 The plat does not create an additional lot or building plot. 18 -B.2 A plat which does create an additional lot or building plot must meet or exceed the average width of the lots along the street frontage, for all lots in the block and contain at least 8,500 square feet of space for each dwelling unit. For the purpose of this section, a lot shall be defined to include the lot, lots and /or portions of lots that have been combined and used as a residential plot, as of the effective date of this ordinance. Therefore, a variance to the lot width portion of the ordinance is required. Please see variance findings from the Section 5 of the Subdivision Regulations below. The Land Use Plan shows the area as High- density Residential. The subject property is currently zoned R -1. Numerous lots in the area have been subdivided to smaller lots since the property was initially platted. This area has experienced some redevelopment in recent years. Comprehensive Plan Considerations: Land Use Plan: High- density residential Parkland Dedication: Two additional lots are being created. Parkland fees are applicable to the 2 newly created lots. The recommendation from the Parks Board is for a fee in lieu of land. Greenways: The Wolf Pen Creek floodplain/ greenway impacts the rear of the subject properties, as shown on the plat. Minimum floor elevations have been established and shown. Zoned: R -1 Supporting Materials: 1. Location Map 2. Application 3. Block/ average lot width illustration 4. Letter in support of variance request from co- applicant. SECTION 5: VARIANCES 5 -A The Commission may authorize a variance from the regulation when, in their opinion, undue hardship will result from requiring strict compliance. In granting a variance, the Commission shall prescribe only conditions that it deems not prejudicial to the public interest. In making the findings hereinbefore required, the Commission shall take into account the nature of the proposed use of the land involved, the existing use of land in the vicinity, the number of persons who will reside or work in the proposed subdivision, the possibility that a nuisance will be created, and the probable effect of such variance upon traffic conditions and upon public health, convenience, and welfare of the vicinity. No variance shall be granted unless the Commission finds: 5 -A.1 That there are special circumstances or conditions affecting the land involved such that strict application of the provisions of this chapter will deprive the applicant of the reasonable use of his land; 5 -A.2 That the variance is necessary for the preservation and enjoyment of a substantial property right of the applicant; 5 -A.3 That the granting of the variance will not be detrimental to the public health, safety, or welfare, or injurious to other property in the area, or to the City in administering this chapter; and 5 -A.4 That the granting of the variance will not have the effect of preventing the orderly subdivision of other land in the area in accordance with the provisions of this chapter. 55 = 13 Such findings of the Commission, together with the specific facts upon which such findings are based, shall be incorporated into the official minutes of the meetings at which such variance is granted. Variances may be granted only when in harmony with the general purpose and intent of this chapter so that public health, safety, and welfare may be secured and substantial justice done.