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HomeMy WebLinkAbout04/15/1982 - Minutes - Planning & Zoning CommissionMINUTES • CITY OF COLLEGE STATION, TEXAS Planning and Zoning Commission April 15, 1982 MEMBERS PRESENT: Commissioners Behling, Hazen, Gardner, Kelly, Fleming, Bailey; also Council Liaison Ringer MEMBERS ABSENT: Commissioner Hall STAFF PRESENT: Planning Director Mayo, Asst. Planning Director Callaway, Zoning Official Kee; Asst. to City Engineer Smith; Planning Asst. Longley; Zoning ~,nspector Keigley; City Attorney Denton; and Planning Technician Volk AGENDA ITEM N0. 1: Approval of Minutes - April 1, 1982 Commissioner Kelly requested the following correction: Item 9, page 3, paragraph 3 should read: "Commissioner Gardner moved to approve the plat. Commissioner Hall seconded. Motion carried unanimously." • • With the above change, Commissioner Kelly moved that the minutes of the April 1, 1982 meeting be approved; Commissioner Bailey seconded. Motion carried unanimously. AGENDA ITEM N0. 2. Hear Visitors No vis hors spoke. AGENDA ITEM NO 3• (82-114) A public hearing on the question of rezoning a 12.93 acre tract located on the east side of Texas Avenue approximately 200 ft. north of the intersection of Texas Avenue and Rock Prairie Road from Agricultural-Open District A-0 to General Commercial District C-1. The application is in the name of Greg Scamardo. Callaway Explained the request and answered questions, indicating the likelihood of residential development in that area to be neglible. The Public Meeting was opened. Mark C. Scamardo, part owner of the property, spoke as a Proponent of the request. He stated that the owners had planned to build a large produce market on the site. He further indicated that a highway coming through should not cause any problem because of the sizeable plot of land involved. Commissioner Bailey questioned how much land would be taken for highway right-of-way,and Callaway indicated it would vary from 250 to 300 ft. There were no Opponents who spoke at the meeting. The Public Meeting was closed. page 2 Planning & Zoning Commission Minutes, April 15, 1982 Commissioner Hazen asked if the Rock Prairie Baptist Church, who owns neighboring land had been heard from. It was indicated that this church had been represented • at a zoning meeting, and at a council meeting, but that they had made no contact prior to this meeting. Commissioner Gardner indicated there was a large amount of vacant C-zoning which he disagreed with. Commissioner Bailey thought it should be rezoned because the rest of the land had been. Commissioner Gardner questioned whether the highway right-of-way had been f finalized. Commissioner Hazen questioned future access to this land. Commissioner Behling indicated there would be access provided to a frontage road. Mark Scamardo indicated that there would be access from a planned highway exit and also a frontage road. Commissioner Hazen wanted to consider only the land the developer planned to use for the market. Commissioner Behling pointed out that this Commission could not legally consider the possibility of the City having to re-purchase right-of-way for a highway when making a decision on whether or not to grant rezoning. He also pointed out that the land in question probably would be rezoned commercial anyway, and then referred to previous cases when this had happened. Commissioner Bailey made a motion to grant the rezoning request with the notation that the owners would be notif ied that they would be expected to build on the back of the property. Commissioner Kelly seconded the motion. The motion carried, with a vote of 6-1; Commissioner Gardner voted "No." Commissioner Behling indicated that it would be a good idea to plat the land and provide open space in the front for future right-of-way for the proposed highway. • AGENDA ITEM N0. 4: (82-115) A public hearing on the quest ion of rezoning a 5 66 acre portion of Block 4, Harvey Hillsides, located on the south side of State Highway 30 Approximately 1,136 feet east of Linda Lane from Agricultural - Open District A-0 to Commercial Industrial C-2. The application is in the name of Sherman Click. Callaway presented the request, answered questions from the commission, and indicated that the staff was unable to support this request because it abuts single family dwellings and the preliminary proposals of Plan 2000 for the future po- tential growth of the City have reflected this area as low density residential. He further indicated that during the hearings for the consideration of annexation, numerous Harvey Hillsides residents stated opposition to Commercial development along Harvey Road. The Public Hearing was opened. Sherman Click stated that the land has office/warehouse strip frontage on the highway, and Commissioner Gardner questioned this statement. Mr. Click clarif ied by stating that the plans for the land included a building with an off ice in the front and a warehouse and shop storage area in the rear. He added that the land was within one mile of Highway 6, and across from Texas Instruments. He indicated also that there were no deed restrictions on the property when it was platted. He said that in the Plan 2000, this was indicated to be a major flood area and residential development would be limited. He also added that Harvey Hillsides residents were aware of proposed commercial use of the land at the time they • purchased the land. Commissioner Behling asked if the deed restrictions had been checked, to which Click replied in the aff irmative. Commissioner Ke11y asked how far it was to the creek or ravine, and was answered that it was approximately 400 ft. page 3 No opponents to this issue came forth to speak. The Public Hearing was closed. • Commissioner Gardner asked about the size of the area, and Callaway indicated it was about 4 acres. Gardner indicated that perhaps there should be some commercial to serve the Harvey Hillsides residents, and a typical C-N zoning would be best, but that he thought adjacent property would better serve this need than the property involved in the hearing. A motion was made by Commissioner Gardner to deny this request. Motion was seconded by Commissioner Hazen. The motion failed, 3-3, with Commissioner Chairman Behling voting: with Gardner and Hazen. Further discussion began with Mayo indicating that the Plan 2000 encourages growth to the South, and to strip zone would not agree with that plan. Commissioner Behling indicated that a C-N zoned area would be better located on a corner, per- haps expanding the existing zoning on one corner in that area, (by Jose's) or to rezone at the corner of Linda Lane for C-N. He felt that rezoning in the middle of an area would be inappropriate. Discussion took place concerning sending this request to the City Council without a recommendation which members indicated should not be done. Commissioner Bailey moved to recommend R-3 zoning (townhouse zoning), and Fleming thought it should be left A-0 zoning. Callaway indicated a motion to recommend R-3 zoning could not be done at this time because Legal Notices had not been made to that effect, nor had neighbors been notified of this possibility. Commissioner Kelly made a motion to table this request for further study, requesting • staff to report back to the commission in a timely fashion (within 30 days). Fleming seconded the motion. Motion carried, with Hazen voting "No". AGENDA ITEM NO 5• (82-116) A public hearing on the question of rezoning Lot 19 of the Meadowland Addition (131 Meadowland Street) from General Commercial District C-1 to Apartment District R-5. The application is in the name of Betty Dunn. Callaway presented the request and explained the access problem, but indicated that staff believes that R-5 zoning would be more compatible than the current C-1 zoning for this property. The Public Meeting was opened. No one spoke. The Public Meeting was closed. Commissioner Gardner queried if street improvements would be made by the developer. Callaway indicated that only in subdivision type zoning could street improvements be required. Kelly asked if the builders would pave the street, and Phyllis Hobson (representing the owner) spoke from the floor and indicated that the builder would construct curbing and guttering and make the streets meet the grade level the City required, but that the builder would not pave the street, and indicated that staff had agreed to pave the street at a later date after a decision for the Ramada Inn had been made. Commissioner Hazen indicated that she thought the lot • in question was too small for R-5 zoning. Ms. Hobson indicated that the owner of this lot also owns Lots 9 & 10, and that this building would be compatible with the existing buildings on these lots. Planning & Zoning Commission Minutes, April 15, 1982 page 4 • Commissioner Bailey moved to approve the request, with Commissioner Kelly seconding the motion. Motion passed with Hazen and Gardner voting "No". Commissioner Behling stated that a plan for Meadowland Street must be made as a coordinated program rather than one lot at a time. Before a building permit is issued for this lot, he hopes that a plan of this nature can be made. AGENDA ITEM N0. 6: (82-518) Consideration of a request for a site plan permit for the construction of an apartment project to be located on the east side of T.nnamira T)riva? approximately lM ft_ south of Brothers Blvd. (Lot 44. Block 16. Southwood Valle 3) . Mayo presented the plan '.and explained that adjacent neighborhood was already zoned R-6. He further indicated staff recommended approval. Commissioner Kelly made a motion to approve the request; Commissioner Fleming seconded the motion. Motion carried unanimously. AGENDA ITEM N0. 7: (82-519) Consideration of a request for a site plan permit for the construction of an apartment project to be located on the northeast corner of the intersection of Wellborn Road (F.M.2154) and Holleman Drive. Mayo presented the request and gave the background of the adjacent area. Commis sioner Bailey asked about distances to accesses, which were acceptable; Commis- . sioner Hazen asked about the courtyard in the center, which Mayo explained. Commissioner Fleming made a motion to approve the request; Commissioner Bailey seconded the motion. Motion carried unanimously. AGENDA ITEM N0. 8: (82-407) Reconsideration of a parking lot plan for a Firestone store to be located on the southwest corner of the intersection of Texas Avenue and Brentwood Drive. Mayo explained the revised plan and Commissioner Gardner made a motion to approve the request as recommended by the P.R.C. and the small changes in the plan which Mayo explained. Commissioner Kelly seconded the motion. Motion carried unanimously. AGENDA ITEM N0. 9: (82-408) Consideration of a parking lot plan for a Manor House _Motel to be located on the west side of Texas Avenue approximately 500 feet south of the intersection of Texas Avenue and Southwest Parkway. Mayo explained the plan, indicating that the land could be replatted and the lot with the restaurant subdivided out could come under different ownership at a later date, and perhaps have an additional sign, but further indicated that the current "one sign only" zoning ordinance was being interpreted as one sign only for one building plot and recommends that only one sign total be approved for this building plot. • Commissioner Bailey made a motion to approve the plan with a change on the P.R.C. report as follows: Item (3) should read: "There can only be one (1) sign." Commissioner Kelly seconded the motion. Motion carried unanimously. Planning & Zoning Commission Minutes, April 15, 1982 page 5 AGENDA ITEM N0. 10: (82-224) A f final plat - Resubdivision of the Post Oak Mall. • Commissioner Kelly asked to be excused from the meeting at 8:35 p.m. Mayo explained the "as-built" plat for Post Oak Mall. He also explained that a note must appear on the plat to explain the easements, as well as why the Final Plat went to the City Council before going before the P & Z. Commissioner Bailey moved to approve the plat with the recommended notes; Commis- sioner Fleming seconded the motion. Motion carried unanimously, with Kelly absent from the meeting at the time of the vote. AGENDA ITEM N0. 11: (82-225) A f final plat - Windwood Phase III. Mayo explained the Final Plat and indicated staff recommended approval. Commissioner Bailey moved to approve the plat, with a note to have a temporary turn-around on the East end of Brookney, while denying access to Appomattox from Block 3, Lots 37, 30, 29, 20, 19 and Block 4, Lot 1, all which abut Appomattox. Commissioner Hazen seconded the motion. Motion carried unanimously, with Com- missioner Kelly absent from the meeting at the time of voting. AGENDA ITEM N0. 12: (82-223) A ffinal plat - Woodcreek Phase I. • Mayo explained the plat, noting. that the final plat is identical to the prelim- inary plat, and pointed out that staff recommends approval. He was asked about whether or not the Fire Chief had indicated there were problems with the names of the streets or the width of the streets. He indicated that the width of the streets was adequate, but that he would check again with the Fire Chief to see if the names would pose any problems. Commissioner Bailey made a motion to approve the final plat with a note that Mayo would question the Fire Chief about the names of the streets on the plat. Com- missioner Hazen seconded the motion. Motion carried with Commissioner Gardner voting "No". Commissioner Kelly was absent from the meeting during the voting. AGENDA ITEM N0. 13: (82-802) A public hearing on the question of amending the Zoning Ordinance No. 850, revising Townhouse/Rowhouse Def inition, deleting Maximum Building Group Length, and revising the District Use Schedule - Table A. Callaway explained the request, during which time Commissioner Behling briefly left the meeting (8:45 p.m.). At 8:47 p.m., both Commissioner Behling and Commissioner Kelly returned to the meeting room. The Public Hearing was opened. No one spoke. • The Public Hearing was closed. Planning & Zoning Commission Minutes, April 15, 1982 page 6 Commissioner Gardner moved to recommend to the City Council approval as proposed by the staff. Commissioner Fleming. seconded the motion. Motion carried unanimously. • AGENDA ITEM N0. 14: EMERGENCY ADDITION TO AGENDA: Consideration of Removal and Reimposition of Plat conditions for Certificates of Occupancy on Doubletree Apartments. Commissioner Behling explained reasons which constituted the Emergency Addition to the Agenda. He indicated that 3 members of the Planning & Zoning Commission, 3 members of the City Council, as well as staff and landowners had met to consider this addition to the agenda, and took into the fact that bank notes were involved in this problem. Commissioner Kelly made a motion to rehear the request. Commissioner Bailey se- conded. Motion carried unanimously to reconsider the request concerning Certif icates of Occupancy on Doubletree Apartments. Commissioner Behling explained that the consideration was twofold: (1) The Holleman Drive option was placed on the builder by the developer. The builder and developer agreed on including consideration of the completion of Holleman Drive in the purchase price of the site. Due to financial consideration Jones-Butler Street completion was never considered by the builder and developer. At the time of the agreement to complete Holleman Drive, approval from the railroad for right- of-way at the crossing was understood to be agreeable with the railroad. The City believed that the closing of the Luther Street crossing would make the Holleman Street crossing acceptable to the railroad, and they further believed they had • reached this agreement verbally. (2) That Sienna (a proposed residential street) would parallel Jones-Butler Street (a major street), and that Caporina would begin development after the Holleman Drive railroad crossing was complete. This would mean that Luther Street, from Jones-Butler to the I.G.N. railroad right-of-way and Sienna would provide circulation even if Jones-Butler would never be improved. He further explained that the group which had met had agreed that all future building permits and future platting would be held up until the Holleman Drive sections make connection. Commissioner Kelly explained that the special emergency addition to the agenda in essence asked the Commission to recommend that the restrictions on the issuance of the Certificates of Occupancy be lifted on the Doubletree Apartments, with a Contractual Agreement by all parties with interest in the railroad to be crossed by Holleman Drive, along with a an Irrevocable Letter of Guarantee or Letter of Credit from a local bank that financially construction of Holleman Drive to F.M.2154 could be completed and finances would be made available for that project. Secon- darily, there were to be no more plats approved and no more building permits issued in that area, with exception to 38 lots which are under contract to be pur- chased by Mr. Courtney. The third portion which should be considered is what con- stitutes the costs of completion of Holleman Drive. That is, what costs in complet- ing Holleman Drive and the crossing at the railroad would be born by the developers and builders. The committee has indicated it believes that all costs (including signalization at the railroad crossing and paving) should be born by the developer. At this special meeting, City Council was represented by Councilmen Halter, Ringer • and Jones. The Developers represented were Caporina, Wheeler and Jones. In this special meeting it was decided that all parties involved in the extension of Holleman Drive will be parties to the Contractual Agreement. Discussion followed with Commissioner Gardner discussing the danger of the type page 7 Planning & Zoning Commission Minutes, April 15,1982 of access to be available to this section without the completion of Holleman Drive. Commissioner Kelly indicated that no exact time limit could be set for completion • because it was completely unknown at this time. He further explained that our Commission had been trapped into a bad situation, and that there actually is a hardship on the builders now, and stated that he believed the City could live with the above mentioned agreement with well defined limits on any future developments. Mr. Jones has been amenable to no future plats and no future building permits being issued until Holleman Drive is completed. Areas to be excluded from the restrictions on development would be all areas west of Southwest Parkway with exception of the Courtney development which is already committed. Mayo indicated there could be two ways to handle this. (1) Have a Master Preliminary Plan which includes the entire area with certain exceptions, or (2) Handle on a plat-by-plat basis and deal with each plat as they come up. Mr. Jones asked to be heard, and indicated that the completion of Holleman Drive agreement he had made did not include the cost of signalization at the railroad crossing. He further indicated that the other developers involved were in agree- ment to this point with him. Mayo indicated that the cost of signalization cannot be included by this Commission in approval of the request. Commissioner Behling referred to the third item in Commissioner Kelly's recommendation. Commissioner Kelly suggested that this item now be left out, because only an elected body can determine what costs can be • covered, along with the City Engineer, the City Manager and the City Attorney. Commissioner Kelly made a motion that the issuance of Certificates of Occupancy be conditioned upon the Contractual Agreement and the Letter Of Guarantee, which have been accepted by the City Attorney and the City Finances, and that the stipu- lation that the cost of the signalization be included, be removed from the motion. Commissioner Hazen seconded the motion. The motion carried with Commissioners Gardner and Bailey voting "No". AGENDA ITEM N0. 15: Other Business. Commissioner Behling indicated the dates of the Planning & Zoning Workshop covering the Plan 2000 would be on May 11th at 7 p.m., and that the dates leading up to the workshop would be that on Monday, May 3rd, a rough draft including the text and a map would be received from the consultants and the Commission would have a work- shop to review this material on the 11th, so all members of the Commission should be prepared to discuss the. proposed plan at that time. Voting on the Plan would be on May 20th. AGENDA ITEM N0. 16: Adjournment. Commissioner Fleming made a motion to adjourn. Commissioner Gardner seconded the motion. Motion carried unanimously. • APPROVED: irman