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HomeMy WebLinkAbout06/15/1970 - Minutes - Planning & Zoning CommissionP s MINUTES PLANNING AND ZONING COMMISSION CITY OF COLLEGE STATION, TEXAS June 15, 1970 i7:00 p.m. Members Present: Chairman C. D. Wells, Commissioners Douglas Stone, Carl Landis J. A. Orr, George Boyett, Bob Evans; City Council Liaison Bill Cooley; City Engineer Lloyd James; and George Eby, City Planner Members Absent: Carl Tishler Visitors Present: Frank Griffis, Allen Swoboda, Mrs. Paul R. Kramer, S. McConnel: Harry Seaback, Patty Seaback, Henry Kapchinskie, Walter Gilmore Mr. & Mrs. Wisnieski Chairman Wells called the meeting to order at 7:00 p.m. in the Council Room at the City Hall in College Station, Texas. Commissioner Evans asked that his name be deleted from members present at the June 1, 1970 Planning and Zoning Commission meeting. On motion by Commissioner Stone, seconded by Commissioner Boyett. the Minutes of June 1, 1970 were approved as corrected. Motion carried. Chairman Wells read an excerpt from the Minutes of the last Council Meeting of May 27, 1970 concerning the Swoboda zone change requests, stressing particularly the petition paving clause on allowing open ditch section. He also read the action concerning the Master Preliminary Plats of Southwood, Sections 6 and 7 and Camelot Addition, Sections 1 and 2, and pointed out that by changing the street plan, the Master Preliminary Plat that the Planning and Zoning Commission had approved, was made null and void. Therefore, the Master Preliminary Plats must be re-submitted to the Planning and Zoning Commission. There then followed a brief discussion concerning the Camelot and Southwood plats. Commissioner Orr stated that he did not think that such a street as was under discussion should be required to be wider than 28 feet. Chairman Wells reminded Commissioner Orr that by virtue of him being on the Street Committee of P&Z, he could meet with the other member of the committee and could make a recommendation as to a new criteria for street widths. Mr. Orr asked the other commission members for their feeling on the matter and Commissioner Landiss stated that he was in agreement with Commissioner Orr. Chairman Wells commented that the Planning and Zoning Commission had no authority to deviate from ordinance requirements. The first item on the Agenda was the consideration of P&Z Case #24-70, the Final Plat of University Arms, Section I Subdivision. This property is located near the East By-pass off Highway 30. Chairman Wells explained to the Commissioners that the engineering drawings had been approved by the city engineer, that the Guarantee of Completion had been accepted by the City Attorney and the Final Plat was in a suitable form. 0 • 'Planning and Zoning Commission Minutes, June 15, 1970 Page 2 On motion by Councilman Orr. seconded by Councilman Boyett, the Final Plat of University Arms, Section I Subdivision S P&Z Case #24-701 was annroved. Motion • carried. Vote was unanimous. The next item on the Agenda was P&Z Case #25-70, a request to rezone Tract #9, a 2.987 acre tract on Krenek Tap Road (formerly Stasney Lane), which is between the present mobile home park zoning and the city limits line, from District No. 1, first dwelling house district to District No. 3-A, Mobile Home Park District. City Planner Eby pointed this area out on the map. He explained that he would like to recommend the P&Z Commission consider the street which Mr. Swoboda is required to dedicate in Tract 13 be named Puryear because he feels it (the new name alone)= might give impetus to connecting the new Puryear to the old Puryear Street. Chairman Wells opened the floor for the public hearing concerning the zone change request. There being no comments from citizens present, he closed the hearing. Councilman Bovett moved that P&Z Case #25-70, a request to rezone Tract No. 9t a 2.987 acre tract on Krenek Tan Road (formerly Stasnev Lane), from District No. 1, first dwelling house dismict to District No,. 3-A. Mobile home Park Listrict, be recommended to the Council for approval. with the stipulation that there is the dedication of a north-south bound street located anaroximately 1.000 to 1.200 feet east of and parallel to Hwy. S. Motion was seconded by Commissioner Orr. Motion carried. • A discussion was held by commissioners concerning transient trailers using mobile home parks as over-night stops. Commissioner Orr stated that because of the increased amount of trailver travel, there should be those kind of facilities, but as far as he knew, there was no provision in College Station for transient travel. The next item on the Agenda was the discussion of a proposed recommendation to the City Council concerning tax assessment changes upon zone change requests being granted. There was considerable discussion concerning this recommendation. Commissioner Orr stated that he did not want the P&Z Commission to take on the duties of the tax assessor. Commissioner Orr moved that the following policy be recommended to the City Council: "The Planning and Zoning Commission recommends that the City Council adopt the following policies concerning the use of property and changes in rezoning of property: (a) When the City Council approves a change in the zoning of property, the tax assessor shall adjust the assessment of that property effective as of January 1 of the following year. (b) When property is employed in a "non-conforming use", the tax assessor shall assess the property at the higher of the two possible bases, either • the rate for the non-conforming use or the rate for the approved and zoned use. Planning and Zoning Minutes, June 15, 1970 Page 3 • (c) The tax assessor shall furnish to the members of the City Council and Planning and Zoning Commission, a complete list of property in a "non- conforming use" as of the last day in each tax year. The list shall include (1) addresses of the property, (2) name and address of the current owner (s), (3) the approved zoning, (4) the "non-conforming use," (5) -the assessed rate, and (6) the difference in taxes paid for the non-conforming use." Motion was seconded by Commissioner Boyett. Motion carried. Chairman Wells then read a letter from Harry Seaback, which is made a part of these Minutes as Attachment A. He explained that P&Z Case #23-70, which was a requeE from Mr. Seaback for reconsideration of the rezoning 13.736 acres from District No. 1, first dwelling house district to District No. 4, first business district, which property is located at the intersection of Highway 30 and the East By-pass and had been denied by the Planning and Zoning Commission at their June 1 meeting. Therefor, for the matter to be considered again, it would have to be brought up by a majority vote of the commissi, Mr. Wells asked for the pleasure of the Commission. Harry Seaback, the requestor of this zone change, stated that he was not aware that the case was to have been considered at the June 1 meeting, or he would have been present. • Commissioner Evans moved that P&Z Case #23-70, a request to rezone 13.736 acres from District No. 1. first dwelling house district to District No. 4, first business district, be reconsidered by the Planning and Zoning Commission. Motion was seconded by Commissioner Boyett. Motion carried. Vote was unanimous. City Planner Eby then pointed out the area in question for rezoning on the map. Chairman Wells briefly explained that previously, Mr. Seaback had submitted a zoning request (P&Z Case #19-70), which had been tabled by P&Z on May 4, and Mr. Seaback h been asked to present a more desirable request, which he had done by submitting P&Z Case #23-70. He further explained that Mr. Seaback still had a rezoning request foi duplex zoning on 1.543 acres (P&Z Case #18-70), which was also tabled at the May 4, 1970 Planning and Zoning meeting. Mr. Seaback explained that in regard to P&Z Case #18-70 for the duplex zoning, he was having an architect draw up a plan which he could show the residents on Dominik, who had been against the duplex zoning, and which he felt would meet with their approval. Commissioner Boyett stated that he felt the people who would be purchasing homei in the University Arms Subdivision would be aware of the fact that part of the area was zoned for commercial and this differed from rezoning property in an already established neighborhood. Chairman Wells asked Mr. Seaback if he wee aware that the new zoning ordinance would require a fence between the residential and eommeroial area. • Planning and Zoning Commission Minutes, June 15, 1970 Page 4 Commissioner Orr asked what type of business Mr. Seaback was planning to • locate in that area. Mr. Seaback explained that it would probably be selling the land to some type of development who would put in a motel-restaurant facility, or something of this nature. Commissioner Stone stated that he could not see the need at the present time for more commercial zoning in the city. Mr. Seaback explained that it takes approximately two years after the proper zoning is received to begin development. He stated that financiers would not even talk about money until the zoning is granted, if the land is to be used for other than residentia He stated that he wanted to develop the commercial area as soon as he possibly could. Commissioner Orr stated he felt the city needed the type of facilities Mr. Seaback was talking about for transient people and not for local people. City Planner Eby pointed out that traffic density could be expected on the By-pass. He estimated at the present time there are 3,500 cars a day thru-traffic and that a 10% increase per year is expected, which would reach a maximum of 10,000 cars a day in the next 10 years. He further explained there would be no further increase until Highway 6 becomes a major highway. • Chairman-Wells pointed out that the public hearing had already been advertised on P&Z Case #23-70 and held at the June 1 meeting. Therefore, there was no need for a public hearing. Commissioner Stone asked if this could be reconsidered again without hearing from the citizens in the area. A considerable discussion followed among commission members concerning the legality of acting upon the zone change request with out holding another public hearing. Commissioner Landiss pointed out that since Mr. Seaback was being given a second chance to have his zone change request considered he felt the views of the public in the area affected by the zoning should be heard. It was pointed out by Chairman Wells that the matter would have to go before the City Council for its final approval, and there would be another public hearing. Mr. Ed Miller, a citizen in the audience, and Commissioner Boyett held a length!' discussion concerning the proposed zone change request. Mr. McConnell, another citizen present, expressed his opinion that he wished to go on record as being opposed to the zone change request. Commissioner Orr pointed out that, in his opinion, the people within 200 feet of a zone change request are the ones who are entitled to be heard first concerning a zone change request. • 4 Planning and Zoning Commission Minutes, Page 5 June 15, 1970 • Commissioner Orr moved that P&Z Case #23-70, a request from Harry Seaback to rezone 13.736 acres from District Nov. 1. first dwelling house district to District No. 4, first business district, be recommended for approval with the stipulations that: (a) Planning and Zoning Commission would have the onnortunity to review the site and plan and layout for the commercial development. and (b) that suitable drainage easement on the existing streams across the uronerty be granted to the satisfaction of the City Engineer. At this point, City Engineer James asked Mr. Seebeck if he would be agree- able to abiding by the proposed drainage policy that he was presently working on to be presented to the City Council. Mr. Seebeck stated that he would be. Motion was se.conde by Commissioner Evans. Commissioner Stone again stated that he felt the City of College Station did not need 13 more acres of commercial zoning and he felt the P&Z Commission had morally failed in its obl'.gations to some of the citizens. Commissioner Orr stated that the city did need a restaurant-motel complex such as Howard Johnson's, etc., to accommodate out of town visitors. Commissioner is dies then went to the map and pointed out the area of the proposed zoning and explained why he was going to vote against the zoning; namely, because there was no orderly step down in land use from commercial to residential. • On the vote for recommendation of P&Z Case #23-70. it was as follows: AYES: NOES: Boyett Landiss Orr Stone Evans Chairman Wells explained that before recommendations could be made to the City Council on a zone change request, there must be four affirmative votes. Chairman Wells voted Aye. Motion carried. Chairman Wells stated that the Parks and Recreation Committee had asked to have a representative appointed as liaison to their Committee, from the P&Z Commissio Chairman Wells stated that he would talk to Commissioner Tishler about accepting this position. Citizens in the audience made their views known that they were unhappy about the action of the Commission in approving the zone change request. Mr. Fitch, local developer, asked for the views of the Planning and Zoning Commission concerning his master preliminary plat of Southwood, Sections 6 and 7, and Chairman Wells explained that this item had been discussed earlier in the meeting • before Mr. Fitch arrived. He further explained that Mr. Fitch would have to submit a revised Master Preliminary Plat on Southwood, Sections 6 and 7. Planning and Zoning Commission Minutes Page 6 June 15, 1970 411 Walter Gilmore asked if the Commission had received a letter from a Mr. Horner requesting zoning on a commercial tract on FM 60. Chairman Wells stated that to his knowledge, they had not yet received it, but if they did, it would probably be in the Airport Zoning area. Commissioner Orr moved the meeting adjourn. Motion was seconded by Commissioner Evans. Motion carried. APPROVED: ATTEST City Secretary las ATTACHMENT A to P&Z MINUTES - June 15, 1970 • SEABACI BU I LT I—IC)NA , INC_ Ides N1 akito ?M"Y dive! COliage Static r'i, t@XSS 77840 June 9, 1970 C. D. Wells College Station, Texas 77840 Dear Mr. Wells: I would like to request that the zoning for the 13.736 acres be • reconsidered for commerical use for your planning and zoning meeting on June 15th, due to the fact that I was unable to attend your last meeting. Sincerely, SEABACK HO INC. Harry Seaback t��dhNJll r ;G / hd19i9/7 Cif ZGari;P:e C��?�'l7l/SS/� 4 -) "7 • - AGENDA PLANNING AND ZONING COMMISSION CITY OF COLLEGE STATION, TEXAS June 15, 1970 7:00 p.m. 1. Approval of Minutes of June 1, 1970. 2. SUBDIVISION PLATS: (a) P&Z Case #24-70: Consideration of a Final Plat on University Arms, Section I Subdivision. This property is located near the East By-pass off Highway 30. 3. ZONING P EQUESTS: (a) P&Z Case #25-70: A request to rezone Tract No. 9, a 2.987 acre tract, on Krenek Tap Road (formerly Stasney Lane), which is an extension of present mobile home park zoning to the city limits line, from District No. 1, first dwelling house district to District No. 3 A, Mobile Home Park District. 4. Discussion of proposed recommendation to the City Council concerning tax assessment changes upon changes of zoning for the property involved. . 5. Hear visitors. 6. Adjourn. CDW:las SO f 11114 I hereby certify that the attached Notice was posted on p_ a., 9, /. at A JO .M . • , Ze/ Lyn a Swoveland City Secretary Subscribed and sworn to before me this day of ?,./M---ZZ—J , 19 �eir '--1:471-e- 2%&(';‘ Notary Public, Braos County'Texas OP