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HomeMy WebLinkAbout12/15/1977 - Minutes - Planning & Zoning Commission T s + .4141 MINUTES Regular Planning and Zoning Commission Meeting December 15, 1977 7:00 P.M. IDMEMBERS PRESENT: Chairman Stover; Commissioners Bailey, Etter, Mathewson, Burke, Sweeney, White; City Planner Mayo; City Engineer Ash; Community Development Planner Callaway; Planning Assistant Longley MEMBERS ABSENT: Council Liaison Gardner VISITORS PRESENT: See guest register Agenda Item No. 1 -- Approval of minutes, meeting of December 1, 1977. Commissioner Mathewson pointed out that on page 2, item 6, the fourth paragraph should read, "Commissioner Mathewson moved that the Commission approve the preliminary plat." Commissioner Mathewson moved that the minutes be approved as amended. The motion was seconded by Commissioner White and unanimously approved. Agenda Item No. 2 -- Hear visitors. No one spoke. Agenda Item No. 3 -- A public hearing on the question of rezoning certain tracts of land bounded by and adiacent to Southwest Parkway, Welsh Avenue, F.M. 2818 41/1 (West Bypass) and F.M. 2154 (Wellborn Road) as recommended by the Planning and Zoning Commission. Commissioner Mathewson moved that an appropriate recess be called so that the Commissioners could have time to read the document handed out by Mr. W. E. Benton involving this item. The motion was seconded by Commissioner White and unanimously approved. The Commission was recessed for approximately 15 minutes. The meeting was called to order and the public hearing was opened. City Planner Mayo reviewed the recommendations for rezoning made by the Commission. Mr. W. E. Benton, 1808 Leona, read from the statement which he had handed out to the Commission. Mr. Benton stated that he was generally in favor of the recommendations but was concerned about the development at Southwest Parkway and Welsh. He stated that he felt this property should be zoned R-1 rather than R-4 as proposed. The Commission took public comment on the various tracts involved. TRACT NO. 112 41/1 W. E. Benton restated his opinion that this tract should be zoned R-1 rather than R-4. Mr. Fred Kunnert, representing Charter Financial Group, owners of the tract, spoke in opposition to the rezoning. He stated that the owners wanted the MINUTES, Regular Planning and Zoning Meeting Page 2 December 15, 1978 7:00 P.M. property to remain zoned R-6. TRACT 163 Mr. Ken Schick, owner of the tract, spoke in opposition to the rezoning. He noted thatthe owners had prepared plans for an apartment project on Tract 163 and had spent several thousand dollars on this planning process. He stated that the proposed project was to be in the 30 dwelling units per acre range. Commissioner Mathewson pointed out that such a project would require approval of both the P&Z and City Council. Mr. Schick stated that apartment construction improved the tax base of the City. Commissioner Burke pointed out that a high level of apartment construction also required a great deal more City services. Mr. Ed Davis, 2005 Nueces, stated that he was part owner of Tracts 162 and 163 and was in opposition to the rezoning. TRACT 162 Mr. Schick, owner, suggested that the property remain zoned A-0, especially if Tract 163 were developed as now zoned. TRACT 90 410 Mrs. Waldo Walker, owner, stated that she wanted her property to remain zoned R-1. TRACTS 51 and 12 Mr. Gene Boriskie, owner of both tracts, requested that his property remain zoned R-1. TRACT 52 Mr. Edsel Jones of San Antonio, spoke against the rezoning. TRACT 137 No one spoke. TRACT 138 No one spoke. TRACT 47 No one spoke. Mr. R. H. Huss, 1004 Arboles, spoke in favor of the rezoning. Ms. Rosetta Keaton, 109 Southland, spoke in favor of the rezoning. She stated that the Southland area was being surrounded by apartments and duplexes. 1.� r !"- MINUTES, Regular Planning and Zoning Meeting Page 3 December 15, 1978 7:00 P.M. Mr. W. D. Fitch stated that previous Planning Commissions had zoned the property for apartments because Southwest Parkway and Welsh Avenue were designed to carry 4111 that type of traffic load. The public hearing was closed. Commissioner Mathewson moved that Tract 90 remain zoned R-1 and be dropped from consideration. The motion was seconded by Commissioner Bailey and unanimously approved. Commissioner Burke moved that Tract 162 remain zoned A-0 and dropped from consideration. The motion was seconded by Commissioner Mathewson and approved with Chairman Stover voting against. Mr. Stover stated that he felt the tract should be zoned R-4 as proposed by staff. Commissioner Mathewson moved that Tract 163 remain zoned R-6 and dropped from consideration. The motion was seconded by Commissioner Sweeney. Commissioner Mathewson stated that he based his motion on the fact that the 1110 owners of the property had, in good faith, prepared plans for the development of the property according to the existing zoning and were fully aware that they would still have to go through the conditional use permit process. Chairman Stover suggested that rezoning the property to R-4 would make the intentions of the Commission clearer. He also noted that the R-4 density of 16 d.u. per acre is an average for the entire project. Commissioner Mathewson's motion to leave Tract 163 zoned R-6 was approved with Chairman Stover voting against. Commissioner Mathewson moved that Tract 112 be rezoned from R-6 to R-4. The motion was seconded by Commissioner Sweeney and unanimously approved. Commissioner Mathewson suggested that Tract 52 be rezoned A-0. Mr. Mayo noted that this could serve as a holding zone until the owners decided how they would use the property. Mr. Edsel Jones, owner of the tract, stated that he would be opposed to this, or any change. Commissioner Mathewson moved that Tracts 51 and 12 remain zoned R-1 and dropped from consideration. The motion was seconded by Commissioner Etter and unanimously approved. Commissioner Mathewson moved that Tracts 47, 137, 138 be rezoned from R-6 to R-1. The motion was seconded by Commissioner Etter and unanimously approved. E MINUTES, Regular Planning and Zoning Commission Page 4 December 15, 1978 7:00 P.M. Commissioner Mathewson moved that Tract 52 be rezoned from R-6 and C-1 to A-0 with 4110 the understanding that this is a "holding" zone and that future rezonings, based on careful land use planning would determine the final zoning. The motion was seconded and approved with Chairman Stover voting against and Commissioners Burke and White absent. Agenda Item No. 4 -- Reconsideration of a preliminary plat, Carter Creek Cloisters located in the Extraterritorial Jurisdiction on the south side of Carter's Lake. Mr. Bill Yunkin, attorney for the developer, presented a letter from the Wellborn Water Supply Company which stated that a total of ten water meters were available to the developer. County Commissioner Bill Cooley stated that if the road to this addition were built according to their standards, the County would accept and maintain the road. The Commission and the developers had a lengthy discussion concerning the ownership of Lakeview Drive and access to the proposed new lots. Commissioner Mathewson suggested that the proposed plat might create "landlocked" tracts. Commissioner Mathewson moved that the plat be denied because it would cause Lots 4 and 5, Block 7 of the Carter Lake Addition to become landlocked tracts. 4110 The motion was seconded by Commissioner Burke. Mr. Yunkin pointed out that an access easement on the Carter Lake plat would give permanent access to those lots. Commissioner Mathewson withdrew his motion. Commissioner Burke moved that the plat be approved. The motion was seconded by Commissioner Etter and approved with Commissioner Mathewson and Chairman Stover voting against. Agenda Item No. 5 -- Consideration of a preliminary plat resubdividing the Woodstock Addition, Section 1 located on the south side of Harvey Road approximately 3000 feet east of Texas Avenue. Mr. Mayo referred to his memo which suggested that the alleys should be labeled "private access easements" and that the streets should be 39 feet wide because of the number of units planned on the property. Chairman Stover stated that his main objections were the three cul-de-sacs off of Dartmouth and the closeness of the first cul-de-sac to Harvey Road. The Commission suggested that a "loop" type circulation system be established in order to limit the number of access points off of Dartmouth to two and to 4110 move the first access point farther from Harvey Road. Mr. Wood stated that he would have no objection to this. He also stated that he would mark the alleys as "private access" easements. Mr. Ash advised that Dartmouth Street be carried to the limit of the plat. MINUTES Regular Planning and Zoning Meeting Page 5 December 15, 1978 7:00 P.M. Mr. Wood stated that this would be done. 410 Mr. Stover suggested that a 29 foot street width would be adequate for the suggested loop system. The Commission decided to allow Mr. Wood to revise the plat as discussed and present it at the next meeting. Agenda Item No. 6 -- Consideration of a final plat resubdividing Lots 1-6, Block 2, Deerfield Estates, located in the Extraterritorial Jurisdiction on North Jones Road. Mr. Mayo stated that a document signed by all other property owners in the subdivision had been obtained. Commissioner Mathewson moved that the plat be approved. The motion was seconded by Commissioner Bailey and unanimously approved. Agenda Item No. 7 -- Consideration of a preliminary plat resubdividing Lots 16 & 17, Block 4, Southwood Valley, Section 1. Mr. Mayo advised the Commission that the parties involved had resolved the problem and the replat was no longer necessary. Agenda Item No. 8 -- Consideration of a preliminary plat, Southwood Valley, Section 10, located west of Shennandoah Drive. 41/0 Mr. Fitch pointed out that Central Drive was designed to take the place of Shennandoah. He stated that Shennandoah would terminate at the feeder road of F.M. 2818 while Central Drive would extend to the main lanes of 2818. Mr. Fitch asked the Commission's opinion on the continuation of streets on the other side of Central Drive and the zoning of future sections of Southwood Valley to the west of Central Drive. Mr. Fitch stated that apartment developments in these areas would be developed to the R-4 density. Commissioner Mathewson moved that the plat be approved with the stipulation that no direct vehicular access be allowed onto Central Drive. The motion was seconded by Commissioner Etter and unanimously approved. Agenda Item No. 9 -- Consideration of a final plat Sutton Place located on the west side of the East Bypass approximately 2000 feet south of Harvey Road. Mr. Mayo pointed out that the plat did not show the 100 year flood elevation and that the sewer line shown as 42 inch should be an 18 inch line. Mr. Mayo noted that the Council had approved the plat with the requirement that the street be built to City standards without curb and gutter. He also pointed out that the Council has stated that the location of the right-of-way for Scarlett O'Hara be determined by the City Engineer and that this location had not yet been determined. Mr. Ash stated that he felt Ordinance 690 did not allow for a rural type street to be built inside the City limits. MINUTES, Regular Planning and Zoning Meeting Page 6 December 15, 1978 7:00 P.M. Chairman Stover noted that the Commission had approved the plat with the street built as a private drive. Mr. Ash noted that he would be meeting with the City Attorney to find out if he could grant a variance in order to allow the non-curbed street. Mr. Garrett, project engineer, asked that the plat be tabled. Commissioner Mathewson moved that the plat be tabled. The motion was seconded by Commissioner Bailey and unanimously approved. Agenda Item No. 10 -- Other business. Chairman Stover asked that discussion of an annual report of Commission activity be placed on the next agenda. Agenda Item No. 11 -- Adjourn. Commissioner Bailey moved that the meeting be adjourned. The motion was seconded by Commissioner Etter and unanimously approved. APPROVED Chairman ATTEST Secretary J • W.E. Benton 1808 Leona Drive College Station, Texas December 15, 1977 Mr. Chairman and members of the Commission: On behalf of the residents of Leona Drive, Medina, Hondo, Arboles, and members of the Pleasant Grove Baptist Church, I wish to commend the Planning and Zoning Commission, as well as Mr. Mayo, the Planning Director and his staff, and Mr. Ash, the city Engineer, for the study and consideration of the rezoning proposal including all the area between the intersection of F.M. 2818 and Welsh Avenue (A&M Consolidated High School ) north to Holleman Drive and the Welborn Road. We appreciate the Commission's concern of possibly lowering the density of this area for future development. We, the residents, support this major objective. • Those of us who have been attending the Planning and Zoning Commission meetings during the past months became aware of the Comprehensive Zoning plan, the study of which was instituted in late 1975 or early 1976. Hence, considerable study has been devoted to the matter. The citizen's petition for rezoning the area generated further interest in the matter. A Historic Consideration - and the Broad Perspective. I sincerely believe that the decision of the Commission and City Council on this matter of lower density will be a historical decision - as it may well set a pattern or precedent for the future of College Station in regulating - in a desirable and reasonable manner - the living conditions of those within the city. The Market Factor. • In the capitalistic system, such as we have in the U.S. , the market is, of course, an important consideration. However, it is not the only factor since 4 2 the general welfare of all the people must be considered. If the market were • the only consideration, it would undermine the powers of Planning and Zoning Commissions throughout the state of Texas, as well as undermine the police powers of city councils - the power to protect the health, morals, safety, convenience, and general welfare of the people. The police power - in this broad sense - is the most important of the powers reserved to the states and municipalities. According to information furnished me by the Housing Office at Texas A&M University, as of December 9, 1977, there were 800 vacant off-campus housing places for A&M students, and 300 vacant on-campus housing places for students - and as new housing facilities are made available, the number of vacancies will increase - unless there is a tremendous increase in student enrollment. And the number of vacancies will increase for the Spring term, 1978, as there • is a decrease, usually, in Spring enrollment. Furthermore, the University housing office said when inquiry about future housing needs were requested by out-of-town builders, they informed such builders that College Station was over- built in the matter of providing student housing. Thus, it would appear the current market does not justify the construction of additional student housing facilities. The interested residents believe the area in question should be rezoned now with a lower density because the need for additional student housing might be greater sometime in the future, at which time there might be considerable opposition to rezoning. Consequences of Housing Vacancies. If the student housing vacancies continues to increase, there will be an increase in vandalism and other types of crimes, thereby increasing the problems • for the local police - plus the possibility of having to view large numbers of run-down buildings which is not a pretty sight in any city - especially a major 3 University city with thousands of out-of-town visitors coming and going at • all times. College Station should strive to avoid the "Build and Bust" spiral observable in Texas oil-boom towns in the early days of the oil industry in the state. The Element of Chance in the Market. Every residential property-owner takes a certain chance in the purchase of a home, since various factors may cause an increase or decrease in the value of property. Likewise, the builder and developer takes some risk since the area may be rezoned or regulated by the city in various ways. In making the decision to purchase or hold the property the owner or developer must - or should - assume that certain factors may influence the value of his or her property. A certain amount of risk-taking always has been a feature of American capitalism. • The Pattern or Personality of the Southwest Parkway. The three major automotive thoroughfares in College Station are Texas Avenue, Jersey, and Southwest Parkway. The latter has been a rather attractive thoroughfare, and was a major consideration for my family in purchasing a home at 1808 Leona Drive, since it provided easy access to Texas Avenue, to Glade Street and the Middle School for our children, and convenient access to the University by way of Wellborn Road - or from Welch Avenue to Holleman Drive and taking one of the intersecting streets to Jersey and the campus. Driving from the intersection of Leona Drive and Southwest Parkway toward Texas Avenue one notes block after block of fine residential homes, the property of which runs along-side Southwest Parkway - some of these homes must be in the 65, 75, or 85 thousand dollar class - located on Leona, Medina, Hondo, Shadowwood, Lawyer Place, Sabine Court, Langford, Laura Lane, Southwood, and Bee Creek Drive - IDa total of 10 streets. Again, the residential property on this side of South- west Parkway runs from the intersection of Leona Drive to the Bee Creek, h 4 white stucco 4 plexes. On the other side of Southwest Parkway, for the same • distance, one notes the Southwest Village apartments and the Trinity Garden apartments. My point is that there is a degree of balance between residential and student housing. Continuing on toward Texas Avenue, by way of Southwest Parkway, one notes the Parkway townhouses, and across Anderson Street are the Arbor Square apartments; in this general area, on the other side of Southwest Parkway, one notes the new Parkway Baptist Church, duplexes - and Parkway Plaza (two-story stucco 4 plexes. Again, there is a degree of balance in the types of housing facilities. On the proposed rezoning recommended by the sub-committee, one notes a degree of balance from the intersection of F.M. 2818 and Welsh Avenue to Holleman Drive. Across from the A&M Consolidated High School , there is a large area designated as R1 - and Cl - on the left and R4 (the D.R. Cain property) as you approach Southwest Parkway - and there is a large area designated as R1 • on the right as you approach Holleman Drive. At the intersection of Welsh Avenue and Southwest Parkway one notes the R4 area (the Cain property) and the West Knoll Townhouses (R3) - then the huge area from the intersection toward Wellborn Road designated as R4 - and an area designated as R6 on the left side. This to me changes the whole pattern or personality of Southwest Parkway - since concentration will replace a degree of balance noted in the other direction of Southwest Parkway. The Traffic and Sewage Problem. No one would contend that the traffic and sewage probelms are not important considerations in rezoning a large area. But one should not focus on these alone. Even if sewage and traffic did not constitute a serious problem, this alone might not justify rezoning in the manner reported by the sub-committee. • This is true because there are other aspects of the police power of the city - which is broad and comprehensive, its bounds which are difficulty to fix are 1 5 almost limitless. Its object is protection and the security of the life, • health, and comfort of citizens, the reasonable enjoyment of private and social life, and the improvement of social and economic conditions affecting the community and public in the interest of the general welfare, comfort, safety and convenience of the public. Planning, Zoning, and the police power - perceived in this broad sense are composed of a number of considerations - a totality - and the considerations are not listed as to preferred position. Municipal Sewage Systems. These are regulated very much by state law, and the law has been amended from time to time by the state legislature. The sewage disposal systems must meet certain standards - they are inspected by state employees - the size and type of sewage mains, and load limits, are regulated by state law. City officials should keep abreast of the changes in the state law as a matter of self-protection. • I am not familiar with the subdivision regulations of College Station. Does the builder install the sewage mains - and assume the cost - or is this the responsibility of the city? The School Children. A large number of school children either cross or use the Southwest Parkway: to and from the Middle School on Jersey Street, by way of Glade Street and South- west Parkway; to and from the South Knoll School by way of Langford Street and Southwest Parkway; and to and from A&M Consolidated High School ; and to and from the Holleman Drive area - by way of Welch Avenue - and crossing Southwest Parkway if they attend A&M Consolidated High School . Some of the students walk to and from school ; others travel by bike or by car. No doubt the three schools will increase in number of students - and the existing schools are being ex- • panded - or will be in the future - or new buildings constructed at a later date. Every effort must be made to protect the school children. Any increase in 6 traffic on the Southwest Parkway must be considered very carefully - and for the • safety of students, this is especially true at the large intersections on Southwest Parkway; for example at Glade Street, at Langford Street, and at Welch Avenue. The Pleasant Grove Baptist Church. This church is located between Detroit and Carolina Streets. I can understand the deep concern of Rev. Taylor and the members of his church. Nevada Street, which is a rather narrow street, runs from Welch Avenue and passes in front of the church and intersects Carolina Street which connects with Holleman Drive. It would appear to me a small buffer of duplexes across Nevada Street in front of the church would not be satisfactory as there are a cluster of duplexes near the church at the present time. Possibly an area for R1 - of adequate size - in front of the church would be more satisfactory. And • I should think this should be provided in the rezoning ordinance rather than by way of the conditional use permit. 7 • Architectural Review Committee. It may be that a three-person architectural review committee - composed of qualified persons with the necessary training and experience in architecture - be established by city ordinance. Such a committee could consider all re- quests to build within the city and determine if such construction harmonizes with the existing buildings in or near an area. The committee would make its recommendations to the Planning and Zoning Commission, and its approval would be necessary before construction could begin. There is a need for such a committee to survey and study the overall needs of the city as to architectural harmony and balance. It may be that such a committee could serve as a valuable aid to the Planning Director and his staff, as well as to the Planning and Zoning Commission. As true of most cities in Texas, College Station has developed areas • that lack architectural harmony and balance in design and physical features, all of which mar the general appearance of the city, and may project a "junk" view. There should be some sort of harmony with regard to drive-in stores, filling stations, storehouses, residential homes, duplexes, 4 plexes, single and two story buildings, row apartments, and etc. An ill-planned mixture of two or more of these types in one area provides little or no architectural harmony or balance. For example, the storehouses (C-1 ) along Welch Avenue, near the intersection of Southwest Parkway, do not harmonize at all with the physical surroundings in the area. A hodge-podge of different types of sturctures in an area is not desireable. Possibly the building permit and site restrictions are not the answer, and more serious thought should be given to this matter. • Deed restrictions may provide for a architectural review committee com- posed of citizens who reside in the section or addition, but such people may not have the required training or experience to make the necessary decisions, 1 8 and such committees would not be concerned with the overall city in the matter • of harmony of design; rather, they would view the probelm on an individual project by project basis. The Courts. There have been very few decisions by Texas Courts that have limited city councils in the exercise of their powers in the matter of Planning and Zoning. (The Planning and Zoning Commission only recommends to the city council for adoption, rejection, or modification) . I have lived in Dallas, Lubbock, Bryan, College Station, and am familiar with the matter in other Texas cities, and know of no cases that have restricted these public officials in the exercise of these powers. The courts view the police power as a superior right when exercised in a reasonable manner. Since city councilmen are elected public officials, their action may become a political issue in the next election. • Therefore, the issue could be more political than legal in nature. R-4, At the Intersection of Welsh Ave. and Southwest Parkway This is a very large area; infact it covers 29.72 acres -- nearly twice the area of the Arbor Square Apartments (7.67 acres) and the Southwest Village Apartments (7.91 acres) , both of which are located on Southwest Parkway. Also, at this intersection is the Cain Development (7.31 acres) and the West Knoll Townhouses. On the basis of 16 D.V. 's per acre, the maximum number of apartments for the entire area would be 475.62 (16 X 29.72). Considering 3.2 person as an average for each dwelling unit, the maximum number of occupants would be 1 ,521 .98. An average of two automobiles per apartment would be 951 .24 autos for the entire • area. And it is estimated that 5 automobile trips per day would be leaving -, 9 each apartment. However, the number of automobile trips to the University • would depend upon such factors as the number of persons riding the shuttle buses; the parking policy of the University, among other possible considerations. Nevertheless, any kind of traffic increase in this general area, however exces- sive or marginal , must be carefully considered. From 1970 to the end of November, 1977, there were 50 accidents which oc- curred at Southwest Parkway and Texas Avenue, of which 23 were reported in 1977 (Mr. Beamer, College Station Police Department). The high number of accidents at this location in 1977 of course was related to the rapid construction build-up in this general area, and the problem may increase as the build-up continues. Traveling from the University on Wellborn Road to F.M. 2818, there have been 93 automobile accidents through the end of November, 1977 (Mr. Beamer, College Sta- tion Police Department) . This area is truly a trouble spot for both the city of • College Station and the State Department of Highways and Transportation and has generated plans for a detailed traffic study for the whole of Brazos County. So the problem is a very real one. Under these conditions, what action should this commission take? Stop lights -- or 4-way stops -- could be placed at the intersection of Welsh Avenue and Southwest Parkway, and at possibly some other street that connects with Southwest Parkway. However, this would change the street or service func- tion which Southwest Parkway was intended to serve -- as a major continuous moving thoroughfare in the city. Would such stop-lights or 4-way stops provide a solution to the over-all or long-range problem? Both the College Station Police Department and the State Department of Highways and Transportation in- dicated such services had no significant impact on either the flow of traffic or the number of accidents. • r • 10 • If the property is developed as R-4, with six or more accesses; say three on Welch Avenue and three on Southwest Parkway, with 1500 or more automobile trips per day -- the existing problem of traffic and noise -- which is critical enough at the moment -- will be compounded. How this 29.72 acres will be de- veloped is the key to the over-all serious problem. 4111/ L A eat' December 20, 1977 Investors General Corp. Houston, Texas Gentlemen: In connection with your proposed purchase and develop- ment of what has become known as the Seaback tract situated generally between my home in Carters Grove Addition, College Station, Texas , and State Highway 30 , we hereby agree in connection with that development to dedicate for street purposes and to pay my prorata share of the street construc- tion costs a thirty-five (35) .foot strip adjacent to the Seaback property and extending from Munson Drive across the south or southeast line of my property extending the entire length of my property and being generally the width of Lots One (1) through Eight (8) , Block Thirteen (13) , Carters Grove Addition, and the width of the existing or proposed street known as Westover Street, the strip being further described as extending from Munson Drive to the Rev. Bruce Fisher property and being 35 feet in width. As stated above , this agreement is to aid in the orderly development of the Seaback property and to allow us frontage on the proposed street for that portion of our property that is not in Carters Grove Addition. In connection with this agreement , we will escrow an appropriate deed and the estimated funds with Lawrence Title & Abstract Company and will give that escrow agent irrevocable instructions to deliver same on the directions of the City of College Station or its appropriate designated representative. Very truly yours , Thomas J. Kozik 11111L, Freda F. Kozik �, I