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HomeMy WebLinkAbout12/01/1977 - Minutes - Planning & Zoning Commission MINUTES Regular Planning and Zoning Commission Meeting December 1, 1977 7:00 P.M. S MEMBERS PRESENT: Chairman Stover; Commissioners Bailey, White, Mathewson, Etter; Council Liaison Gardner; City Planner Mayo; City Engineer Ash; Community Development Planner Callaway; Planning Assistant Longley MEMBERS ABSENT: Commissioners Burke, Sweeney VISITORS PRESENT: See guest register Agenda Item No. 1 -- Approval of minutes of meeting of November 17, 1977. Commissioner Bailey pointed out that on Page 2, Item No. 5, the correct spelling should have been McCrady. Commissioner Mathewson added that on Page 2, Item No. 6, the word paved had been misspelled. Commissioner Mathewson moved that the minutes be approved as amended. The motion was seconded by Commissioner Bailey and unanimously approved. Agenda Item No. 2 -- Hear visitors. No one spoke. Agenda Item No. 3 -- A public hearing on the question of rezoning a 0.775 acre tract being a part of the RainTree Addition from Agricultural Open District A-0 to Single Family Residential District R-1. The application is in the name of the RainTree Development Corporation. The public hearing was opened. Mr. Mayo pointed out the location of the tract and explained that the rezoning was necessary to make the zoning conform to the final plat. The public hearing was closed. Commissioner Mathewson moved that the proposed rezoning be granted. The motion was seconded by Commissioner Bailey and unanimously approved. Agenda Item No. 4 -- A public hearing on the question of granting a conditional use permit to Mrs. Patricia Pressley for the operation of a day care center facility at 1204 Timm Street. The public hearing was opened. Mr. Mayo advised the Commission of a letter he had received from Mr. Robert D. Powell, a resident of the neighborhood, which stated opposition to the granting 4111 of the use permit. Mr. David Pugh, 1200 Timm, presented a petition from 14 persons on Timm Street and living within 200 feet of the property in question stating their opposition. Mr. Pugh stated that the deed restrictions for the subdivision allowed no non- MINUTES, Regular Planning and Zoning Commission Page 2 December 1, 1977 7:00 P.M. residential uses. 4111 Mrs. Virginia Gard, 1203 Timm, spoke in opposition to the granting of the permit. The public hearing was closed. Commissioner Mathewson moved that the use permit not be granted for the following reasons: 1. The use of the house for a day care center would cause an overload of traffic on Timm Street and at the Timm-Glade inter- section. 2. It was well shown that the majority of the surrounding citizens were opposed to the granting of the permit. The motion was seconded by Commissioner Bailey and unanimously approved. Agenda Item No. 5 -- A public hearing on the question of granting a conditional use permit for the construction of an eight (8) unit apartment proiect to be located on Lot 3, Block 22 of the Boyett Addition. (property located on Cherry Street) . The request was withdrawn by the applicant prior to the meeting. Agenda Item No. 6 -- Consideration of a preliminary plat resubdividing Lots 1 thru 6, Block 2 of the Deerfield Estates Addition Section 2 located in the Extraterritorial 0111 Jurisdiction on North Jones Road. Mr. Mayo pointed out that the subdividers would need the signatures of all other property owners on the final plat since this plat both created additional lots and a public right-of-way. Mr. B. J. Kling, project engineer, pointed out that under the deed restrictions of Deerfield Estates, most of the lots in the proposed resubdivision were the minimum allowed (2 acres) and could not be further divided. He also stated that he would have no trouble getting the signatures of the other property owners. Commissioner Mathewson moved that the Commission recommend approval of the preliminary plat. The motion was seconded by Commissioner Etter and unanimously approved. Agenda Item No. 7 -- Consideration of a preliminary plat, Green Acres Mobile Home Park, located on the north side of Morgan's Lane at the intersection of Morgan's Lane and Texas Avenue. Mr. Mayo pointed out that this was not a preliminary plat, but should be considered as a site plan submitted under the requirements of the Mobile Home Park ordinance. Mr. Mayo stated what he viewed as the four major problems with the plan. 4111 1. The condition of Morgan's Lane could not take the traffic generated by the proposed density. 2. The four short dead-end "streets" off of Morgan's Lane were not a r _ � MINUTES, Regular Planning and Zoning Commission Page 3 December 1, 1977 7:00 P.M. good circulation pattern. • 3. A possible drainage problem existed on the eastern part of the property. 4. The receration area was poorly designed and isolated from the ends of the project. City Engineer Ash asked that he be provided with a more detailed plan of how surface drainage was to be handled. Mr. Ash also pointed out that the proposed "streets" would force a fire truck to back out of them. He suggested that some interior circulation pattern would be needed to allow for fire protection. Mr. Mayo pointed out that this proposed layout could "landlock" the northern half of Lot 10 in Lakeview Acres because its only access to Morgan's Lane would be across the mobile home park. Chairman Stover suggested that the basic problem was trying to get too many units onto the site. He pointed out that many sites have physical constraints which prevent them from being developed to the maximum allowable density. Commissioner Mathewson moved that the plan not be approved for the following reasons: 1. Although zoned for mobile homes, the tract is surrounded by single family residences. 2. The proposed density was too high for the site constraints: 4110 a. dead end "streets" are not a good circulation pattern b. 40 residences taking their access from a narrow gravel road c. possible drainage and fill problems caused by the low area in the eastern half of the property 3. Traffic problems caused on Morgan's Lane and at the intersection of Texas Avenue and Morgan's Lane. 4. The development could landlock the remainder of Lot 10 in Lakeview Acres. The motion was seconded by Commissioner Etter and unanimously approved. Agenda Item No. 8 -- Other business. Mr. Mayo reviewed the recommendation of the Land Use Subcommittee concerning possible rezoning in the areas bounded by Texas Avenue, Lincoln Avenue, Tarrow Street, University Drive and Cooner Street. He noted that these proposed rezonings would bring the area into better complaince with the Comprehensive Plan. The Commission discussed proper zoning of several tracts in the area. The Commission decided to hold a public hearing on rezoning the tracts as 4110 recommended at one of the meetings in January. Agenda Item No. 9 --Adjourn. Commissioner Bailey moved that the meeting be adjourned. L Ir- .111 Pae4 MINUTES, Regular Planning and Zoning Commission g December 1, 1977 7:00 P.M. The motion was seconded by Commissioner Etter and unanimously approved. IDAPPROVED Chairman ATTEST Secretary 411/110' p November 29, 1977 We, the undersigned residents of the Timm Drive Neighborhood, request that the College Station Planning and Zoning Commission deny the appro- val of the application of Mrs. Patricia A. Pressley of 1204 Timm Drive, for a conditional use permit for the operation of a Child Care and De- velopment Facility at the address cited above. This request is predicated on the following considerations: 1. The residence at 1204 Timm Drive is located on Lot 22, of Block 5, of Woodson Village, First Installment. The First Installment is an addition to the City of College Station. On November 4, 1958, a legal instrument commonly referred to as "Deed Restrictions" was properly recorded and filed with the Brazos County Recorder of Deeds. Thus, all lots within the aforementioned addition became subject to these restrictions. Article 1, Sentence 1, of the instrument reads as follows: "No lot shall be used for any purpose except for residential purposes." • Article 7 of the instrument reads as follows: "No noxious or offensive activity shall be permitted upon any lot, nor shall anything be done thereon which may be or be- come an annoyance or nuisance to the neighborhood." Finally, Article 12 of the instrument states that the term of the instrument shall "run with the land and shall be binding on all parties and all persons. . .". The information provided above evidences the clear fact that it was the intent of the creators of the Timm Drive Neighborhood that the development remain an exclusively single-family residential area. It is also an incontestable fact that the use of the residence at 1204 Timm for a Child Care and Development Facility would violate the intent and purpose of the aforementioned legal agreement. 2. The residence at 1204 Timm Drive is presently leased to Mrs. Pressley. The owners and lessors of this property are not residents of College Station or Brazos County. The owner of the property is Mr. Larry M. Greenlaw. He resides at: The residence at 1204 Timm Drive has been a persistent concern to the residents of the Neighborhood because it has historically been improper- • ly maintained and has on occassion constituted a genuine eyesore in an otherwise properly maintained residential area. Inadequate exterior paint, lawn care, and pet control are only three of the problems that have continually been associated with this property. It is foolish to assume that lessees of the property would be willing to invest the time and money necessary to ensure the proper maintenance of the residence and grounds. It is equally foolish to assume that absentee landlords, residing several states removed from College Station could effectively respond to the daily maintenance requirements associa- ted with the property. Finally, there is every reason to believe that a transition of the residence from single-family use to a commercial business would not create a sound basis for improvements in the maintenance of the • property. Indeed, it stands to reason that the patronage associated with such a business would significantly increase the maintenance requirements associated with the property. r 3. The site of the residence at 1204 Timm Drive is totally unsuited for use as a Child Care and Development Center. The lot is loca- ted at the intersection of Timm Drive and Glade. The traffic associated with Glade is quite heavy, particularly during peak morning and evening periods. Timm Drive is becoming increasingly trafficked as a result of its use as a North/South collector by the students, faculty and staff of Texas A&M. Mrs. Pressley has stated that she intends to care for as many as twelve (12) children per day. The possible addition of twelve automobiles arriving and departing at approximately the same periods of the morning and evening would pose vehicular and pedes- trian safety problems. It would also significantly undermine the tranquil residential character of the Neighborhood which the under- signed residents have striven to retain. 4. The dwelling located at 1204 Timm Drive is very modest in terms of internal space. It is doubtful that more than three children could be adequately housed at the same time. Yet, Mrs. Pressley has stated • that she intends to care for as many as twelve children simultaneously. 5. The City's approval of this application would lay the foundation for the first commercial entry into this Neighborhood. Such approval would also lay the legal foundation for additional commercial transi- tions. It is not inconceivable that such a process could effectively destroy the residential character of the Neighborhood over a protrac- ted period of time. 6. The Neighborhood is presently served by a child care facility. The Wee Aggieland School is located on Village Drive. The School is only a short distance from Timm Drive and it is a fully equipped, state licensed facility. 7. The Land Use Plan of the College Station Comprehensive Development Plan calls for the retention of the Timm Drive Neighborhood as an exclusively single-family residential area. The first "Short-Range" land use objective on page 3 of this policy instrument states: "Utilize the zoning ordinance to continually control the location of land uses to insure harmonious and orderly development and to protect property values." 8. The placement of conditions on Mrs. Pressley's business would be unsatisfactory to the signators of this petition. The prescrip- tion of such conditions would not materially reduce the impact of the business on adjacent and surrounding properties. Enforcement of such conditions would be predicated upon the complaints of Mrs. Pressley's neighbors. Such a system places an unnecessary burden upon these same neighbors. 9. Many of the persons who signed this petition purchased their homes in the Timm Drive Neighborhood on the basis of the protection afforded by College Station's zoning system. It would indeed be most unnerving for these same citizens to learn that a legal instru- ment dedicated to protecting the public welfare of the community has been effectively neutralized by a decision of this Commission. In Summation, we request that the Commission give particular consideration to Article 10-C.2.3., (b) & (c) of the College Station Zoning Ordinance. Upon a careful review and consideration of these provisions and the concerns 411 described above, we are convinced that the Commission will take the appro- priate action by denying the approval of this application. Dec. 1 , 1977 • TO: City of College Station Planning & Zoning Commission FROM: Robert D. Powell 409 Timber St. College Station, Tx. REF: The granting of a conditional use permit to Mrs. Patricia A. Pressley for operation of a day care facility. The neighborhood in which we reside is a single family residential area. I strenuously object of the encroachment of any business into this neighborhood. One business in the area invites others and in time, it's character can change. In order to protect my investment and main- tain the neighborhood at it's present high level , I urge the denial of the application for a use permit for the operation of a day care facility at 1204 Timm St. 1/ • if: 440 7,)$ 1;;4.4.04/40 Robert D. Powell • - j •