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HomeMy WebLinkAbout10/06/1977 - Minutes - Planning & Zoning Commission 9! 7' MINUTES Regular Planning and Zonign Commission Meeting October 6, 1977 7:00 P.M. 4111 MEMBERS PRESENT: Chairman Stover; Commissioners Bailey, Mathewson, Burke, Sweeney, Etter; Council Liaison Gardner; City Planner Mayo; City Engineer Ash; Community Development Planner Callaway; City Attorney Lewis; Planning Assistant Longley MEMBERS ABSENT: Commissioner White Agenda Item No. 1 -- Approval of minutes of meeting of September 15, 1977. Commissioner Bailey moved that the minutes be approved as presented. The motion was seconded by Commissioner Etter and unanimously approved. Agenda Item No. 2 -- Hear visitors. No one spoke. Agenda Item No. 3 -- Reconsideration of a request for a conditionaluse permit for the construction of an apartment project to be located on Cherry Street. Mr. Mayo presented the revised site plan and pointed out that the plan had been delivered to his office at approximately 3:00 P.M. on the day of this meeting. Mr. Mayo also pointed out that the City had not yet received a letter from the City Attorney of Bryan stating 410 that the proposed project would be allowed to tap into the indicated 8 inch sewer line. Mr. Charles Croft, project architect, spoke to present the revisions in the proposed plan. He pointed out that the units on the rear of the property had been moved back five feet to allow for a wider drainage channel and that the drive had been made continuous so as to provide a fire lane through the project. Mr. Edsel Burkhart, project engineer, spoke to explain the flood hydrology report he had prepared on the project. He stated that the structure at Nagle Street would have to be enlarged in the future. Mr. Burkhart also stated that the buildings on the back of the property had been designed to be above the 100 year flood level and that in the 100 year flood, there would be approximately nine tenths of a foot of water in the parking area on the rear of the property. Mr. Mathewson suggested that the curb along the parking area off of Aspen Street be built so as to prevent cars from driving into the drainage ditch. Mr. Croft suggested that a 2 foot retaining wall be built along that curb. City Engineer Ash stated that Bryan City Manager Odle had asked that Bryan be allowed to run another flow test on the 8 inch sewer line before a permit was granted to this project. 4111 Mr. Mathewson suggested that the Commission's consideration of this site plan did not have to be based on Bryan's approval of sewer capacity. Commissioner Mathewson moved that the use permit be granted on the following conditions: MINUTES, Regular Planning and Zoning commission Meeting Page 2 October 6, 1977 7:00 P.M. 1. That the City of Bryan grant permission for the proposed project to tap into the 8 inch sewer line. 2. That the parking access from Aspen Street be approved by the City of Bryan. 3. That the parking drives be arranged to allow easy access for solid waste and fire vehicles. 4. That a structure adequate to prevent vehicles from driving into the drainage ditch be constructed at the end of the parking area off of Aspen Street. The motion was seconded by Commissioner Sweeney. Mr. Mayo pointed out that it had come to his attention that the setback of the buildings in the rear of the project had been reduced to 15 feet 8 inches while the minimum allowed setback in the R-6 zone was 20 feet. Mr. Ash stated that situations such as this typically arise when developers bring in revisions at the last minute before a meeting and expect the Commission to consider it. Mr. Ash pointed out that this gave the staff no chance to review the plans in any detail so as to make recommendations to the Commission. Commissioner Mathewson withdrew his motion and Commissioner Sweeney withdrew his second. • Commissioner Mathewson stated that his previous motion on this project had been to send the site plan back to the Project Review Committee. Commissioner Mathewson moved that the project be returned to the Project Review Committee. The motion was seconded by Commissioner Burke and unanimously approved. Agenda Item No. 4 -- Consideration of a final plat resubdividing Lot 3 of Lakeview Acres, located on Miller's Lane. Mr. Mayo pointed out that the City Attorney was still of the opinion that resubdivision plats such as this would have to include the signatures of all property owners in the subdivision, and due to this, the plat could not be considered at this time. City Attorney Lewis spoke to explain the state law requiring signatures of property owners on replats. He stated that he was still in the process of gathering information on the question from the Municipal League and asked that action on resubdivisions be delayed until he could determine the full implications of the statute. Mr. A. M. Sorenson, owner of the property, spoke and explained the history of the Lakeview Acres Addition. Mr. Sorenson stated that it would be difficult for him to get the signatures of all the property owners in the addition. 411/ Commissioner Burke moved that the plat be tabled pending a definite opinion from the City Attorney. L MINUTES, Regular Planning and Zoning Commission Meeting Page 3 October 6, 1977 7:00 P.M. The motion was seconded by Commissioner Etter and unanimously approved. 4111 Agenda Item No. 5 -- Consideration of a final plat vacating and resubdividing Lot 1, Block 2 of the F. S. Kapchinsky Subdivision. Mr. Mayo pointed out that the Kapchinsky Addition was not a filed plat of record but was a metes and bounds division and, therefore, the proposed subdivision could be considered by the Commission. Mr. Mayo pointed out that when the owners of the Carter's Drive-In first came to the City for access they were informed that they would have a difficult time dividing the property in order to sell the back portion. Mr. Mayo noted that the primary problem would be creation of additional traffic congestion at the entrance to Carter's Drive-In. Mr. Carter spoke stating that they wanted to sell the back of the property and give it access off of the existing drive. Mr. Carter asked what the implications of denial of his plat would be. Chairman Stover explained that the property could be sold, but that no building permit could be granted on the property until it was platted. Commissioner Burke stated that the property had no access other than through the existing drive and that development on the rear of the lot could only worsen a dangerous situation at the existing entrance. Commissioner Mathewson moved that the plat be denied for the following reasons: 410 1. That proposed Lot 1-A had no sure legal access. 2. That the existing entrance required a 135° turn for southbound traffic. 3. That vehicles stopping to turn into the existing entrance caused a dangerous situation. 4. That the entrance was located on a major arterial highway. The motion was seconded by Commissioner Burke and unanimously approved. Agenda Item No. 6 -- Consideration of a preliminary plat, Baywood, located on the northeast corner of Texas Avenue and Krenek Lane. Mr. Mayo pointed out the location of the property and noted that the Commission should require an additional 10 to 15 feet of right-of-way on Krenek Lane shown on this plat. Mr. Jim Behling, representing the developer, spoke and asked that they not be required to dedicate additional right-of-way. Commissioner Mathewson asked why the property had been divided into three lots. He stated that it had been the policy of the Commission to oppose commercial development on small properties. Mr. Mathewson noted that the entire 1.75 acre tract was small and that dividing the property into three smaller lots made the situation worse. 4111 Mr. Behling asked if the property even had to be platted in order to get a building permit. Mr. Mayo stated that if more than one building were built, the issuance of the permits would be up to the Building Official and that if any of the property PFP- MINUTES, Regular Planning and Zoning Commi:-sion Meeting Page 4 October 6, 1977 7:00 P.M. were sold, the tract would have to be platted. Commissioner Mathewson moved that the plat be denied because the platting of three small commercial lots went against the policies of the Commission. The motion was seconded by Commissioner Bailey. Mr. Behling asked that the Commission approved the preliminary on the condition that the final plat show the property as one lot. Commissioner Mathewson withdrew his motion. Commissioner Mathewson moved that the Commission recommend approval of the plat subject to it being redrawn to show one lot and that an additional 10 feet of right-of-way be dedicated on Krenek Lane. The motion was seconded by Commissioner Bailey and unanimously approved. Agenda Item No. 7 -- Consideration of a petition requesting the rezoning of areas generally bounded by Southwest Parkway, Welsh Avenue, F.M. 2818 and F.M. 2154 to low density residential zones. Mr. Mayo presented the recommendations of the subcommittee concerning rezoning of properties in the area. Chairman Stover opened the meeting for public discussion. 4110 Mr. Paul Wahlberg, Houston, spoke in opposition to the petition. He stated that he could not make it financially with the density of 16 units per acre prepared for his property. Mrs. Billy Ribbe spoke stating that the petitioners hoped to get their petition considered before any more apartments were built in the area. She stated that the residents were concerned with the effect of the apartments on the value of their property. Mr. B. F. Delemater, Leona Street, spoke in favor of the petition. Mr. Edsel Jones, San Antonio, stated that his property had been zoned as it is for 6 or 7 years and that he felt they should be allowed to keep the zoning. Dr. 0. D. Butler, Mr. Jones' partner, spoke and pointed out that they had been paying taxes on the property as zoned. He also stated that the zoning of his property existed before any of the residents built their homes. The Commission determined to put this item on the agenda for the next regular meeting for discussion. Agenda Item No. 8 -- Other business. Commissioner Mathewson advised the Commission that he and Mr. Stover had met with officials of the Texas Department of Highways and Public Transportation concerning the Highway Department's proposal to extend FM 60 to the east to FM 158 and eventually to Kieth, Texas. Mr. Mathewson noted that he opposed this extension and explained to the Commission his reasons for opposition of the proposal. L MINUTES, Regular Planning and Zoning Commission M-eting Page 5 October 6, 1977 7:00 P.M. Mr. Mathewson asked City Engineer if he would like a class at the University 4111 to study standards required for plat form and submittal. Mr. Ash stated that this would be alright with him. Commissioner Mathewson moved that the Commission establish a policy that items not submitted to the staff in time for inclusion in the Commission's agenda packets not be placed on the agenda. The motion was seconded by Commissioner Etter and unanimously approved. Agenda Item No. 9 -- Adjourn. Commissioner Sweeney moved that the meeting be adjourned. The motion was seconded by Commissioner Bailey and unanimously approved. APPROVED Chairman ATTEST 4111 Secretary I�� 4111