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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
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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
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