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HomeMy WebLinkAbout10/15/1981 - Minutes - Planning & Zoning CommissionMINUTES • City of College Station, Texas Planning & Zoning Commission October 15, 1981 MEMBERS PRESENT: Chairman Behling, Vice Chairman Bailey, Commissioners Kelly, Hazen and Hall. Council Liaison Bob Runnels. MEMBERS ABSENT: Commissioners Fleming and Gardner STAFF PRESENT: Director of Capital Improvements, Elrey B. Ash, II; Director of Planning, Al Mayo; Assistant Director of Planning, Jim Callaway; Zoning Official, Jane Kee; Planning Assistant, Chris Longley; Zoning Inspector, Joan Keigley; Planning Technician, Fran Collier. Chairman Behling called the meeting to order at 7:00 p.m. AGENDA ITEM N0. 1: Approval of minutes--Meeting of October 1, 1981. Chairman Behling asked about Agenda Item No. 13 regarding the addition of a comma between first and second sentence in paragraph two so-the sentence would read as follows: Chairman Behling said he favored allowing full length with Fitch's cul de sac with 38' paving preferably with 60' right-of-way, trying to achieve the 39' street. • Motion to approve minutes with the above correction was made by Commissioner Hazen and seconded by Commissioner Bailey. AGENDA ITEM N0. 2: Hear Visitors. No one spoke. AGENDA ITEM N0. 3 (81-129): A public hearing on the question of rezoning a 102.7 acre tract located on the north side of Southwest Parkway between Dartmouth Avenue and the East Bypass from Single Family Residential District R-1 to Single Family Residential District R-lA, Apartment District R-5, Administrative/Professional District A-P and General Commercial District C-1. The annlication is in the name of Mr. J. W. Wood. Trustee. Jim Callaway presented two alternative zoning arrangements for this parcel prepared by the staff, as recommended by the P & Z Committee, and without staff recommendation. Commissioner Hall asked several questions regarding the staff's alternative drawings and commended the staff on the sketches stating they were very informative on the evaluation of the areas. The Public Hearing was opened. • J. W. Wood came forward and explained the proposed development and considerations given for the area. The development of the Mall was strongly considered as well as the existing Brentwood area. He presented a plan which reflected the building mix, tract sizes and other areas they would eventually like to develop. He also expressed their desire to have a quality project. He described the planned business park area will be similar to Park 10 in Houston on a modest scale. Minutes P & Z Commission October 15, 1981 Pg. 2 • Commissioner Kelly and Commissioner Hazen expressed concern over the acreage zoned Administrative/Professional. Mr. Wood stated that the A-P zoning request is a very important part of the mixed land use. Others who came forward to speak regarding this proposal were Mr. Kirkpatrick, Mike May, Jerry Miller, Elmer Thompson, Kirk Brown and John Honea with the following suggestions for the Commission: (1) Recommendation that property on Dartmouth, especially the east side, be zoned commercial only due to the noise level between the two highways. (2) Concern over the R-2 zoning because past experience was that R-2 develop- ments are poorly maintained. (3) Uncertainty over the necessity of the A-P zoning. (4) If a buffer zone is not required it will contradict a previous P & Z decision on tract of land across the street from this land. (5) Concern over land development of property on southside of this area. (6) Revised plan merits approval because of the consideration of the owner/ developer in meeting with residents of the area prior to request for approval by P & Z. The Public Hearing was closed. Commissioners Hazen and Kelly expressed interest and concern in the staff's plan for the south side of Southwest. Parkway and so much commercial area without low density • buffers and asked if the staff had opportunity to see the revised plan by J. W. Wood. Commissioner Kelly commended the staff for their two alternative plans. Jim Callaway stated. that he did discuss this revision with Mr. Wood, but did not see the plans until this meeting. Chairman Behling felt they could not make a decision without looking at the potential usage of the south side of the area. Commissioner Kelly felt consideration of this request should not be delayed while waiting for proposals for the southside of the area. Commissioner Hall expressed his concern over the staff not having sufficient opportunity to review these new plans. Commissioner Hazen moved to table this item and appoint a committee to come up with a land plan for the north and south sides of the property. Commissioner Bailey seconded the motion with the understanding that it comes off the table in a month, no later than the second meeting in November. The motion was approved by the following vote: In favor: Chairman Behling, Commissioners Bailey, Hazen and Hall. Opposed: Commissioner Kelly. • AGENDA ITEM NO. 4 (81-710): Reconsideration of Maranatha Church Conditional Use Permit. Jim Callaway presented the staff position and recommended adoption in accordance with the PRC recommendations as before: Minutes P & Z Commission Pg. 3 October 15, 1981 • (1) Surface treatment--asphalt or concrete. (2) Edge treatment--curb needed. (3) Add islands in parking area as recommended. (4) No dorm rooms allowed in C-1 district. Commissioner Hazen expressed concern about insufficient room to turn around in the parking lot. Chairman Behling stated there was enough room to enable a car to turn around. Commissioner Hall asked the applicant if he had considered approaching the Baptist Church regarding access to their parking lot to facilitate the traffic flow. Pastor Hollis said that the Baptist Church has a f ence between the lots and cars parked along this fence. Commissioner Hall expressed his concern over the area behind the building that was uncompleted and seemed rather an eyesore. Pastor Hollis said they did not need that area but they were planning to clean it up. Commissioner Bailey moved to approve with the second by Commissioner Kelly. Motion carried unanimously. AGENDA ITEM N0. 5 (81-318): Reconsideration of a preliminary flat--Southwood Valley Section 23. Al Mayo stated Mr. Fitch was asking for reconsideration of this plat and gave the staff recommendation for approval as is; or relieve the sidewalk situation to make wider street. • Commissioner Hazen asked if the sidewalks were required on the cul de sac. Mr. Mayo said only on 60' right-of-way with a 39' street. A 39' street in a 50' right-of-way, by ordinance, would allow not having sidewalks. Or, it could be approved as shown with a 50' right-of-way with a 28' street. Commissioner Bailey moved to approve with the 39' street; second was given by Commissioner Hazen and the motion was unanimously approved. AGENDA ITEM N0. 6 (81-319): Reconsideration of a preliminary plat--Emerald Forest Phases 6 and 7. Al Mayo presented the staff recommendations on this plat. He stated he would like to have the lots taking their exit onto Appomattox. Mr. Alan Swoboda, developer, said 6 or 7 lots would require access to Appomattox. Other arrangements were tried but the problem of drainage behind the lots prevented exiting there. Two other major streets were considered but'the cost was exorbitant. The plan as presented is the best alternative. Al Mayo pointed out the lots on Deacon are considerably larger than the lots on this plat. • Commissioner Hall asked Mr. Swoboda why it would be more expensive to design the alternate as shown on the drawing. Mr. Swoboda replied two lots would be lost. Commissioner Bailey moved to remove this item from the table; second was given by Commissioner Kelly and the motion was approved unanimously. Commissioner Kelly made the motion to approve the revised development; the motion was seconded by Commissioner Hall and was approved unanimously. ___ Minutes P & Z Commission October 15, 1981 Pg. 4. AGENDA ITEM N0. 7 (81-320): A revised master preliminary plat, Southwood Valley • Section 14. Al Mayo presented the plat with staff recommendations stating this master preliminary has six fewer lots than the existing master preliminary. Indio Court has been relocated to intersect Haley Place instead of San Felipe Drive. The staff sees no problems. Commissioner Kelly moved for approval of this plat; second was given by Commissioner Bailey, and the motion was approved unanimously. AGENDA ITEM N0. 8 (81-244): A f final plat--Southwood Valley Section 14C. Al Mayo stated this as a portion of the previous agenda item and staff recommends approval with the notation that the drainage easement shown should be discussed between their engineers and the City Engineer to -determine if there should be private or public drainage easements. Commissioner Kelly moved for approval with second by Commissioner Bailey, and the motion was unanimously approved. AGENDA ITEM N0. 9 (81-239): Reconsideration of a final plat--Woodson Village Fifth Installment. Section II. Al Mayo stated this item was put on the agenda at the request of Chairman Behling. • It would have to be removed from the table for consideration. The sewer study has not been finished and since this item was tabled until the study was finished, the staff cannot recommend removal from the table. Chairman Behling requested that this item be removed from the table for further consideration. Commissioner Kelly moved that this plat number 81-239 be removed .from the table. Commissioner Hazen seconded the move and the motion carried unanimously. Mr. Elrey Ash stated the City has access to the right-of-way and the developer will have the responsibility of completing the street. Chairman Behling stated the developer is not aware of this responsibility and he was not aware of this situation. He apologized to the staff for this misunderstanding. Al Mayo stated the responsibility is on the original developer. Commissioner Hall asked if they could force the development of this right-of-way and Mr. Ash skated that since the original developer is selling the land, something could be worked out between the two developers. Commissioner Bailey asked Mr. Ash to explain once again the sewer problem. Mr. Ash explained this problem and stated he was not going to tell the commission that development of these units would not have any effect. Commissioner Hall asked about the time frame. Elrey Ash explained if the subdivision • were developed according to this plat, an 8' connecting sewer line would be installed which would probably take care of the Willis and Brazille families, but problems could continue. Chairman Behling apologized to the staff for not realizing fully the problems involved in finding a solution to the sewer situation. Minutes P & Z Commission October 15, 1981 Pg. 5. • The following people came forward and expressed concern over issues listed below: Mr. & Mrs. Cannon, Eileen Kablinski, Floyd Lambert. (1) People living near the development would be detrimentally affected by flooding. (2) Instead of developing 25 lots, would they consider 16 or 17 lots. (3) Increased drainage problems. Commissioner Hazen asked if the development would meet the City requirements for R-lA zoning and was given a positive answer. Commissioner Hall asked Elrey Ash if there was anything that could be done to the plat to alleviate the problem. Mr. Ash stated plats do not have anything to do with drainage. Commissioner Hall also asked if the City included drainage easements on plats and if it was possible to require easements to protect home owners. Mr. Mayo stated that an easement does not mean the problem is solved. Commissioner Kelly made a motion for the plat approval with staff recommendations to extend Hawthorne. Commissioner Bailey seconded and the motion was approved by the following vote: In favor: Chairman Behling, Commissioners Kelly, Bailey and Hazen. Opposed: Commissioner Hall. • AGENDA ITEM N0. 10 - Other Business. Commissioner Hazen made the Commission aware of the new park being considered off Rock Prairie Road. Al Mayo stated they would be receiving a master preliminary plat of this development at a later date. John Culpepper approached the Commission and introduced Mr. John Arnold of the Real Estate Division of Safeway. A request for a temporary Certif icate of Occupancy for 60 to 90 days in order for Safeway to be alowed to continue remodeling was made. Al Mayo explained that the staff was not able to issue a temporary C.O. until Safeway came back to this commission with the request. Mr. Ash explained a temporary Certif icate of Occupancy is issued for :the trial of equipment and training of personnel only. A business cannot open for business under a temporary C.O. Commissioner Hall asked Mr. Culpepper if there was a reason for the construction delay. Culpepper explained that the other tenants only wanted the parking lot to be torn up once. Mr. Arnold stated Saf eway's position as a tenant conducting an expansion and their right to place Culpepper in default if he does not meet City requirements in a timely fashion. • Mr. Mayo explored the City's liability if a temporary C. O. is issued; City requirements are not met and Safeway is closed to insure completion by Mr. Culpepper. Mr. Arnold stated Safeway would give the City a disclaimer,. Minutes P & Z Commission Pg. 6. October 15, 1981 • Councilman Bob Runnels expressed concern over jeopardizing the City and stated the expansion was approved upon certain conditions being satisfied by Mr. Culpepper. He asked if there were circumstances to excuse this condition. Chairman Behling assured Mr. Runnels he talked with the City Attorney and felt assured that the City would not be jeopardized by issuance of a conditional C.O. Commissioner Kelly stated that Culpepper put the commission in a bind when he has known about the requirements for five months. Commissioner Hall pointed out the contracts for completion of the requirements established by this Commission on Mr. Culpepper were dated the day before this meeting and were unsigned. Chairman Behling requested that the commission grant a conditional C.O. to expire December 1, 1981. Coy Perry, Building Off icial, pointed out that provisions for a "Conditional" C.O. do not exist in City policies. Commissioner Kelly moved to give a Conditional C.O. of 45 days to expire December 1, 1981; seconded by .Commissioner Hazen. Mr. Mayo asked Mr. Arnold to clarify the procedure for the City to be issued a disclaimer by Safeway. Mr. Arnold asked Mr. Mayo to have the City Attorney draft a letter for Safeway to sign. The motion carried with the following vote: • In favor: Chairman Behling, Commissioners Kelly and Hazen. Opposed: Commissioner Hall and Vice Chairman Bailey. AGENDA ITEM N0. lI - Adjournment Commissioner Kelly moved to adjourn; seconded by Commissioner Bailey, the meeting was adjourned by a unanimous vote. APPROVED: Chairman