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HomeMy WebLinkAbout05/07/1981 - Minutes - Planning & Zoning CommissionMINUTES CITY OF COLLEGE STATION PLANNING & ZONING COMMISSION • May 7, 1981 MEMBERS PRESENT: Chairman Behling; Commissioners Hazen, Fleming, Hall, Gardner and Kelly; City Council Liaison, Boughton. MEMBERS ABSENT: Commissioner Watson (excused absence). STAFF PRESENT: Director of Planning, Al Mayo; Asst Director of Planning, Jim Callaway; City Engineer, Elrey Ash; Zoning Official, Jane Kee; Planning Technician, Joan Keigley. SPECIAL VISITOR: Mayor, Gary Halter The meeting was called to order by Chairman Behling who moved to item number 2 on the agenda. AGENDA ITEM N0. 2 - Swearing in of new Planning and Zoning Commissioners. In a brief ceremony administered by Mayor Halter, Chairman Behling and Commissioners Fleming, Hall and Kelly were sworn into office. Chairman Behling then moved to the first agenda item. AGENDA ITEM N0. I - Approval of minutes - meeting of April 16, 1981. • Corrections to minutes of April 16, 1981. Commissioner Gardner questioned the second and vote to the motion on Agenda Item No. 4. Mr. Callaway reported that staff had listened to the tapes of the meeting and second to the motion was given by Commissioner Behling with Commissioner Gardner voting in opposi- tion to the motion. Correction to the minutes of April 16, 1981, Agenda Item No. 4, is entered into the minutes as follows: Commissioner Watson moved for approval of the request, second was Behling and the motion failed wiirh the following vote. In favor: Commissioners Behling, Watson and Sears. Opposed: CommissionersHazen, Livingston, Maher and Gardner. ven b_v Commissioner Commissioner Gardner stated he had made more comments against the park location in Agenda Item No. 8, and requested staff listen to the tapes to determine the extent of his remarks. He also questioned his having given second to the motion. Correction to the minutes of April 16, 1981, Agenda Item No. 8 is entered into the minutes as follows: Commissioner Gardner then asked about the portion on the plat designated as a park. He • further stated he thought there was still some question as to whether a park should be located in that area, and during the election there had been a great deal of opposition to the area being designated as a park. "It's a terrible place to put a park."; He added. Correction to Motion and second (from tape): The motion as presented by Commissioners Hazen and Behling was given second by Commissioner Minutes Pa e 2. 9 Planning & Zoning May 7, 1981 Watson and was approved by the followin vote. • In Favor: Commissioners Livingston, Behling, Maher, Watson, Hazen and Sears. Opposed: Commissioner Gardner. There being no further corrections to the minutes, upon motion by Commissioner Hazen and second by Commissioner Gardner, the minutes of April 16, 1981 were unanimously approved subject to the corrections as indicated. AGENDA ITEM N0. 3 - Hear Visitors. No one spoke and Chairman Behling moved to the next agenda item. AGENDA ITEM N0. 4, Case No 81-119, A public hearing on the question of rezoning the west portion of Block D, Culpepper Plaza, located at the southeast corner of Dominik Drive and Puryear Street from Apartment District R-6 to General Commercial District C-1. The application is in the name of City National Bank. Asst. Planning Director Callaway explained the location of the proposed development of the Automatic Teller Machine (ATM), which would provide 24 hour banking services by City National Bank. He explained the traffic flow expectations from such a development as compared to the traffic which would be generated if the same tract were developed for residential use. He also pointed out the potential problems if this tract were rezoned C-1, as requested, and then not developed by the bank as an ATM facility, end recommended that C-1 rezoning not be approved; but suggested to the Commission to con- • Sider A-P zoning which would allow for the development of the ATM facility, but would limit commercial development uses should the bank not complete the proposed development and sell the property to another developer. Chairman Behling asked when the closing of Puryear was anticipated in that area. City Engineer Ash reported this is a project that has been under planning and consider- ation for quite a period of time but has not been presented to the City Council at this time. The Public Hearing was opened. Mr. Mervin Peters, representing City National Bank, spoke in favor of the rezoning. He stated the bank had presented a letter to the City Commission stating the request for C-1 had been made primarily because they felt it was the only zoning which would allow develop- ment of the ATM facility. He further stated their satisfaction with any zoning which would allow development of the facility as proposed and also stated their letter clearly states that should the lot be rezoned C-1 and not developed by the bank, they would then return the matter to the City so the zoning could be removed before any sale of the property or other development was considered. Mr. Peters further outlined traffic flow figures from other similar facilities, and stated there was no way to pinpoint these same percentages to the proposed development, but felt the figures demonstrated there would not be a heavy density of conflicting traffic flow generated by the ATM facility. Commissioner Gardner asked if the percentages and traffic generation figures represented one certain bank. • Mr. Peters stated the figures represented, the activity at one ATM machine located at Gulfgate and he was uncertain if the facility was a walk-up or drive-up. Commissioner Gardner expressed concern that these figures would .not apply to the facility proposed by City National Bank. Minutes Page 3. -~ Planning & Zoning May 7, 1981 Mr. Peters stated they believed the prime time usage was understated in the report as • presented. His belief is there will be much greater use of the facility on the weekend, but stated there was no way of documenting that statement. The Public Hearing was closed. Commissioner Hazen stated her concern over rezoning the tract to A-P and allowing the 24 hour facility to be developed in relation to future small tracts which might fall under the same type of rezoning request, but would be in a location where a 24 hour service concept was not acceptable. She was concerned about establishing a precedent for future cases in the A-P zoning. Mr. Callaway commented that there might be reason for future revision of the present A-P classification but this should be a separate issue. Chairman Behling stated he felt the specific use might be something which would be considered individually in each area. He stated his agreement with staffs' recom- mendation not to rezone this tract at C-1. Commissioner Fleming asked if development of an undesirable business could be stopped. R Mr. Callaway answered that if a proposed developer's site plan was approved, then they would be able to use it for whatever business development was allowed by C-1 zoning. Commissioner Hall asked if the potential traffic impact had been studied. • Mr. Ash stated he felt there will not be that much change in the traffic flow generated by this facility. Commissioner Hazen moved for approval of rezoning this tract to A-P as recommended; second to the motion was given by Commissioner Gardner and the motion was unanimously approved. AGENDA ITEM N0. 5, Case No. 81-223, Consideration of a Final Plat - resubdivision of a portion of Block D, Culpepper Plaza. Director of Planning Mayo explained this as being a request to resubdivide the west portion of Block D - Culpepper Plaza. He stated there were questions about drainage problems in this area which would be explained by the City Engineer. Mr. Ash stated that at the time development of Greenwood Apartments began there was great concern about the drainage in the area which borders the proposed ATM facility on two sides and which involves the 100 year flood plain. At that time, the developers were requested to address the drainage problem. Plans were submitted by the project architect which proposed sub-surface drainage, and these plans were approved by the City. A $50,000.00 letter of guarantee was furnished by City National Bank. The construction has not taken place and the City is very concerned since the drainage problem has not been addressed. The proposed new construction will cover the area with cement and create and extreme runoff problem. The channel could be lined, or the sub-surface drainage into the channel would be a satisfactory soliution. • Commissioner Hazen asked since there was a letter of guarantee, why wasn't the drainage problem addressed. Mr. Ash stated the tremendous growth rate being experienced and the constant flow of plats and plans caused this oversight to happen and the letter of guarantee was not acted upon. P a e 4 . Minutes 9 Planning & Zoning May 7, 1981 Commissioner Hazen asked if the letter of guarantee was issued by a local bank. • Mr. Ash stated that it was signed by Mr. Mervin Peters of City National Bank. He further stated the tract needed to be developed according to the plans which were sub- mitted and approved by the City. The Public Hearing was opened. Chairman Behling asked Mr. Kling, developer for the project, if he had any suggestions which might be the answer to this problem. Mr. Kling stated Mr. Ash's two suggestions, either line the channel or sub-surface drainage were the two obvious solutions. Mr. Peters stated the bank's ownership was of the property proposed for development, but their ownership did not include the easement. He further stated the letter of guarantee had expired and the original developers had experienced financial problems, had filed bankruptcy. and there were no longer sufficient assets available to the bank to support the letter of guarantee. Chairman Behling stated the City would not want this to be a drainage easement it would have to maintain. Mr. Peters stated they could construct the facility in such a way that access by the City would be assured or the project could be designed so that run-off would be to the front. • The Public Hearing was closed. Mr. Ash commented that it is a recognized drainage easement and if the City wants to get anything done about the drainage, the time to do it is now, or not subdivide the tract. Commissioner Kelly stated his agreement with Mr. Ash and recommended the decision about who is going to handle the problem be addressed. Commissioner Hazen asked if the item could be tabled. Chairman Behling stated that as one way to handle the matter, but stated his preference to leave it to be worked out with the project engineer and staff. Mr. Ash stated if the Planning & Zoning Commission wished to table the item, he would set up a meeting for next week with. the developers to determine the best solution. Commissioner Kelly moved the item be tabled; second was given by Commissioner Hazen and the motion was unanimously approved. AGENDA ITEM N0. 6, A public hearing on the question of adopting an ordinance amending the Zoning Ordinance No. 850, creating a new Commercial District, District C-3. Mr. Mayo presented the amendment which represents the work of many months in attempting to solve the problem of rezoning for smaller commercial tracts. By creating a C-3 zone. there would be a level between A-0 and C-1 (.the general commercial catch all zone) which • would allow commercial development on smaller tracts, but would eliminate the problems created when these smaller tracts are zoned C-1 and then not developed as proposed. H e referred the Commissioners to the proposed list of uses recommended by staff to be approved in C-3 and also indidated this zoning might be suitable for development of service station facilities which have always posed a problem. Minutes Page 5. Planning & Zoning Commission May 7, 1981 Commissioner Gardner stated his feeling of controlling use in C-1 by conditional use permit to be more palatable than creating a new commercial zone. He expressed his • concern that he would not like to see College Station fall into a "patchwork" type zoning because of so many zoning classes being available. He stated his feeling that this could lead to the type of development which is known as strip development which he believes is what the City of College Station is trying to avoid. Mr. Mayo explained the concern that a smaller site being zoned C-1 and not being developed as a service station or some other suitable development fora site of that size; then the site would be open to development for every use allowed under C-1. Commissioner Hall asked if this proposed zoning had been studied in relation to other cities and what they have developed and approved. Mr. Mayo answered that other cities have a far greater number of commercial zone classi- fications than the City of College Station. Commissioner Hall asked if the intended C-3 zoning would apply to any present C-1 tracts, or was this just looking toward the future. Mr. Mayo replied that some tracts are being studied with the idea that at sometime in the future they might be rezoned from C-1 to C-3, or to some other zone completely. It does not affect any specific business or property right now. The Public Hearing was opened. A visitor asked for a list of the proposed uses under C-3 zoning; no one else spoke. • The Public Hearing was closed. Commissioner Gardner stated he has a strong feeling against too many commercial zones and feels zoning could be controlled by the Commission being more selective in granting C-1 zones. He also questioned the statement "other uses may be permitted by the Com- mission" being a part of the ordinance because it does not limit uses to those outlined in the ordinance. He also stated he was not in agreement with the uses set forth in the proposed C-3 zone. Mr. Mayo reported to the Commission that the statement "other uses may be permitted by the Commission" had been used on the ordinance since the first time of adoption. Commissioner Hazen defended adoption of the ordinance amendment and explained the concern of limiting heavy traffic generating businesses such as fast food service being allowed to develop on smaller commercial sites which are zoned C-1. Chairman Behling expressed his feeling that the statement was valid in the ordinance since there may be uses arise in the future which are unexpected and which the Commission has never reviewed before, but would be acceptable uses. Commissioner Hazen moved far approval of the ordinance amendment as presented and that it be sent to the City Council; second was given by Commissioner Hall and approved by the following vote. In favor: Chairman Behling; Commissioners, Hazen, Fleming, Hall and Kelly. • Opposed: Commissioner Gardner. AGENDA ITEM N0. 7, Case No. 81-311, Preliminary Plat, Emerald Forest Phases 4 & 5. Minutes Page 6. Planning & Zoning Commission May 7, 1981 Mr. Mayo furnished the following information to the Commission: The alley in the t ov~house area should be labeled as a public alley. Blocks 1 & 4 will have to be • rezoned to R-3 for. townhouses and the rest will have to 6e rezoned R-1. It is all presently zoned A-0. Of course, no access should 6e allowed from lots to Emerald Parkway, Sebesta Road, Sandstone, or Greenleaf. If underground electrical service is desired by the developer, a fifteen foot utility easement should be added along all rights-of-way. A fifteen foot utility easement is needed along Sebesta. Additional right-of-way may be needed on Sebesta. • The Public Hearing was opened. Mr. Alan Swoboda informed the commission the only changes proposed would be the town- houses in Section 4 which would probably be changed to patio homes. Mr. Swoboda stated he had talked with George Ford about utilities and a total of 15 ft. is needed. Commissioner Kelly asked what statement does staff require on the plat for the ease- ment. Mr. Ash stated it must say "alley." Commissioner Gardner asked what had been dedicated on Sebesta. Mr. Jerry Bishop, project architect, stated 60 ft. up to Sandstone; 10 ft. is a road way which has never been dedicated to the City but will be by this plat. The Public Hearing was closed. Commissioner Gardner asked if the street was to be widened, who would pay for it. Mr. Ash stated it would be a participation paving program. Commissioner Gardner replied he felt that to be unfair. Mr. Ash explained it was the same procedure as that followed in the Brentwood develop- ment. If the lots are sold prior to assessment, the new owners of the lots are assessed for the cost of paving. Commissioner Kelly moved for approval of the plat as submitted; second was given by Commissioner Fleming and the motion was passed unanimously. AGENDA ITEM N0. 8, Case 81-312, Preliminary Plat - North Park Section 2. Mr. Mayo informed the Commissioners that Lots 2-5 are zoned R-5; lot 1 is zoned C-1 and staff sees no problems with this Plat. Mr. Ash suggested the 20 ft. access easement on Lot 1 should state "Private Easement." This needs to be stated on the plat. Commissioner Hazen moved for approval of the plat as presented, but to include the "Private Easement" label as requested; second was given by Commissioner Kelly and the motion was passed unanimously. AGENDA. ITEM N0. 9, Case No. 81-217, Final Plat, Hancock Center located on the northeast corner of Highway 30 and the East Bypass. Commissioner Kelly asked about the corner of Hwy. 30 and the access and how much of that portion of the property fell into the flood plain. Mr. Ash reported less than half of that area is in the flood plain. Minutes Planning & Zoning Commission May 7, 1981 Commissioner Kelly asked if there is a drainage ditch beside it. • Mr. Ash reported there is a drainage study of the area on file. Page 7 . Chairman Behling explained the plan is to use the build-up method to get it out of the flood plain• Mr. Ash stated the plat needs to show the 100 year flood plain on it before it goes to the City Council and that we are waiting for a final drainage study plan approval. Commissioner Hazen moved .for approval of the plat to include the statements re- quested by staff; second was given by Commissioner Kelly and the motion was passed unanimously. AGENDA ITEM N0. 10, Case No. 81-218, Final Plat, Resubdivision of Lots 1-4, Parkway Plaza Phase 6. Mr. Mayo explained the existing plat limits two curb cuts to locations between lots 1 and 2 and lots 3 and 4 and an additional cut on Brentwood Drive. This plat will probably need a private access easement along Texas Avenue. Mr. James Smith, developer of the project, stated the wording called fora 25 ft. continuous access easement. Mr. Ash stated it needs to show "Private Access Easement" on the plat. Commissioner Fleming moved for approval specifying the curb cuts and plat notations as recommended by staff; second was given by Commissioner Kelly and the motion was approved by the following vote. In favor: Chairman Behling, Commissioners Hazen, Kelly, Fleming and Hall. Opposed: Commissioner Gardner. AGENDA ITEM N0. 11, Case No. 81-219, Final Plat - Resubdivision of Lot 18, Block 10, Southwood Section 26. Mr. Mayo stated this final plat agrees with the approved preliminary plat and staff has no problems with it as presented. After a brief discussion, Commissioner Kelly moved for approval for.the plat as presented; second was given by Commissioner Hazen and the motion was unanimously approved. AGENDA ITEM N0. 12, Case No. 81-220, Final Plat - tract out of Woodwa_v Village Phase I. ubdT~rision of a 19.83 acre Mr. Mayo presented the plat and stated the drainage easements should be deleted • unless drainage is placed underground. Block 1 is zoned R-4; Block 2 is zoned R-3. Block 1 is intended for fourplexes; Block 2 is intended for duplexes. He also stated that the developer planned to change the 25 ft. access easement to the alley. Minutes Planning & Zoning Commission May 7, 1981 • Commissioner Hazen asked why this was planned. Page 8. Mr. Mayo reported that the people who plan to develop behind this area would like to have rear access to the area. Commissioner Hazen asked if the City would be responsible for maintenance of the area. Mr. Ash stated the City would be responsible for maintenance of the area, but it would be constructed according to City specifications. Mr. Ash addressed Mr. Jerry Bishop stating the proposed 10 ft. sanitary sewer dedication needs a separate instrument easement. Chairman Behling asked what easement was provided for the City to have access for maintenance. Mr. Ash stated the drainage would be constructed to City specifications which include 6 inch concrete, No. 3 bars on 18 inch centers; if the easement is not specified it could be constructed out of anything from crushed limestone to gravel. Commissioner Kelly moved approval subject to acceptance of recommendations by staff; second was given by Commissioner Fleming and the motion was unanimously approved. AGENDA ITEM N0. 13, Case No. 81-221, Final Plat - University Park Addition Phase I. This item was dropped from the agenda. AGENDA ITEM N0. 14, Case No. 81-222, Final Plat - Southwood Valley Section 22-C. Mr. Mayo stated staff recommendations. include deletion of drainage easements and an increase in the width of the 10 ft. utility easement on lot 25 to 15 ft. Commissioner Hall asked what would be involved in maintenance. Mr. Mayo stated it depended on the construction; if it is underground utilities, there is no problem. Commissioner Gardner asked was there any reason there should be a culvert installed; perhaps a walk way or bike path could be created, if such. is really needed. Mr. Mayo stated the developer is talking about building a fence in the area. Commissioner Kelly stated the developer plans to put a fence in the area or to use landscaping as a buffer. Commissioner Kelly moved for approval of the plat; second was given by Commissioner Hazen and the motion was unanimously approved. AGENDA ITEM N0. 15, Other Business. Mr. Mayo presented a Scope of Project covering the new Comprehensive Plan to the Commissioners for their review and comment. Commissioner Gardner expressed concern over the development of the plan not reflect- ing alternatives that might be utili-zed in the future development of this area. He also was concerned that perhaps companies contacted to do the comprehensive plan might not want to use the material already developed by staff. Minutes Page 9. Planningg & Zoning Commission May 7, 1D81 Mr. Mayo stated that one company which had been contacted stated that with the advance • work available to them, it would still be a minimum of six months before they would be able to complete the project; and his feeling is that any of the companies that might be contacted would be in the same position. Also, the City has the right to make the selection on the basis of how it wants the work to be done. Commissioner Hazen reported on her work with the Park Committee and asked for an alternate from the P & Z Commission. Commissioner Fleming volunteered to serve as her alternate in attendance at meetings with the Park Committee. Chairman Behling mentioned the annual, joint outing with the P & Z Commission and City Council. The tentative plans are for this to be held either on June 14th or June 21st. He asked that the commissioners let him know their date preference. APPROVED Mr. Ash reported that through the organization~lefforts of the County, there would be a bus trip to Fairfield to visit the lignite plant. He and Mr. Mayo plan to make the trip to take a look at the type of development that may be in this area in the near future. He stated two additional seats are available on the bus and encouraged the Commissioners to consider attending. Commissioner Kelly indicated he planned to take part in the trip. AGENDA ITEM N0. 16 - Adjournment There being no further business to come before the body, upon motion by Commissioner Hazen, second by Commissioner Kelly, the meeting was adjourned. Attest Chairman Secretary •