HomeMy WebLinkAbout12/02/1982 - Minutes - Planning & Zoning CommissionMINUTES
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Planning and Zoning Commission
CITY OF COLLEGE STATION, TEXAS
December 2, 1982
7:00 P.M.
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MEMBERS PRESENT: Chairman Behling, Members Kelly, Fleming, Hill, Bailey, Miller,
Hall and Council Liaison Boughton
MEMBERS ABSENT: None; Mr. Hall arrived after Agenda Item #3.
STAFF PRESENT: Director of Planning Mayo, Assistant Director of Planning Callaway,
Director of Capital Improvements Ash, City Engineer Pullen, Zoning
Official Kee and Planning Technician Volk
AGENDA ITEM N0. 1: Approval of Minutes - meeting of November 18, 1982•
Mr. ;Bailey made a motion to approve the minutes; Mr. Fleming seconded. Motion carried.
AGENDA ITEM N0. 2: Hear Visitors
No one spoke.
AGENDA ITEP1 N0. #: 82-718: A public hearing on the question of granting a Conditional
Use Permit for a Daycare Center for 40 children located in apartments #601 and 603 of the
Plantation Oaks Anarrments at 1501 Hiahwav ~0. Apolication is in the name of the Planta-
AGENDA ITEM N0. 4: 82-719: A public hearing on the question of granting a Conditional
Use Permit for a Church Sign at 2555 S. Texas Avenue. Application is in the name of the
College Station Baptist Church at the same address.
Mr. Callaway explained the request and indicated that if Commission approves this request,
staff would recommend that C-1 District sign regulations and restrictions be imposed on
this sign. The public hearing was opened. Kenneth Griffith offered to answer any ques-
tions and passed a colored drawing of the proposed sign around to the Commission. Mr
Fleming asked the height of this sign and was told it would be 19 ft. tall. No one else
spoke; public hearing was closed. Mr. Kelly asked what conditions should be imposed,
and Mr. Callaway and F1rs. Kee explained, and also informed Commission that this sign, as
proposed would fa11 into compliance with C-1 District sign regulations. Mr. Bailey asked
about adjacent zoning and Mr. Callaway informed him there was C-1 zoning on either side of
this tract. Mr. Bailey made a motion to approve this request as proposed with the condi-
tion that any sign be restricted to C-1 District sign regulations. Mr. Hall seconded.
Motion carried unanimously.
AGENDA ITEM N0. 4: 82-141: A public hearing on the question of rezoning Block B of the
reserved tract in Post Oak Forest Subdivision from Neighborhood Business District C-N to
Administrative-Professional District A-P. Application is in the name of Larry Landry.
Mr. Callaway presented the request and located the land on a map. He informed the
Commission the area has the water and sewer capacity for either C-N or A-P development,
and the proposed zoning would be in compliance with all comprehensive plans. He pointed
Mr. Callaway explained the request indicating that the P.R.C. had recommended approval of
the center as requested. Public hearing was opened. No one spoke. Public hearing was
closed. Mr. Kelly made a motion to approve the Conditional Use Permit; Mr. Bailey seconded
the motion. Motion carried 6-0.
12-2-82 P&Z Minutes
page 2
out that the existing C-N zoning would allow some retail uses whereas the requested A-P
zoning would be more restrictive. The public hearing was opened. Larry Landry came
• forward to offer to answer any questions. Bill Carll, owner of an adjacent lot asked
what kind of brick would be used and what kind of fence would be provided. Mr. Behling
informed him that this is not normally addressed in rezoning requests, but it could be
discussed on the later agenda item (site plan approval). No one else spoke; public hear-
ing was closed. Mr. Hill asked the history of the C-N zoning on this tract and Mr.
Callaway said he was unable to answer this but that it has been C-N since he has been
with the City. Mr. Hill asked if this would create a need in the area for a different
C-N tract. Mr. Bailey indicated that he believes the A-P zoning would be a better
entrance to the existing Planned Unit Development. Mr. Hall asked why rezoning was being
sought and Mr. Landry informed him the owner of the land has requested him to have it re-
zoned to insure an office type building would be developed. Mr. Carll stated he is
happy to have this tract rezoned. Mr. Kelly made a motion to approve the rezoning request.
Mr. Miller seconded; motion carried unanimously.
AGENDA ITEM N0. 6: 82-142: A public hearing on the question of rezoning a 37.06 acre tract
of land located at the southwest corner of the intersection of West Luther and Wellborn
Road FM2154 from Heavy Industrial District M-2 to Planned Industrial District M-1
and Apartments Medium Density District R-5. Application is in the name of Bert Wheeler
et al for Robert Hoppe.
Mr. Callaway presented the request and located the land on a map. He pointed out that all
plans for the City (both past and present) have reflected this land to be used for indus-
trial development. He further pointed out that there are sewer constraints in the area
due to problems downstream. He then reminded the Commission they had directed staff to
initiate rezoning of this entire area to M-1 in the recent past, and that staff agrees
that M-1 uses would be more appropriate due to the close proximity to residential areas.
• He said that staff would recommend M-1 zoning for all this land in question and would
recommend denial of the R-5 part of the request. Public hearing was opened.
David Hilton, representative for Bob Hoppe asked if he could come forward and present site
plans for the proposed uses. Mr. Behling informed him the potential layout of plans could
not be considered except for parameters of the land. Mr. Hilton said that in his opinion,
the sewer problems downstream should be considered on a first-come, first-served basis.
Edsel Jones came forward and said he had been helping Mr. Hoppe for about 6 months with
this land. He said the land had been zoned for M-2 uses for over 30 years and had never
been developed, and he doubted if it ever would be. He stated that he has land zoned R-1
next to the railroad which he could develop today as single family residential if he
wished, and further pointed out that there is a nearby apartment complex which stays full
all the time, so people must not object to living close to a railroad. He said the market
will determine the use of land, and stated that in his opinion, the sewer capacity is there.
No one else spoke and the public hearing was closed.
Mr. Hill asked if staff could agree that this proposal would be a better land use than
M-2 or M-1 if there were no sewer problems. Mr. Callaway referred to the consultants'
planned use of the land for industrial and the City Planner's recommendations, which have
always been for industrial use. Mr. Hill asked if perhaps the consultants had only looked
at the location of the railroad. Mr. Mayo then pointed out there had been a train derail-
ment just a few blocks away recently, which could have been a disaster, but fortunately
was not. He said that staff sees no need to develop any more residential areas so close
to the railroad tracks. He then talked of the sewer capacity, and said that should this
• R-5 be developed as proposed, it would use all or almost all of the available sewer capa-
city, and staff feels this is a marginal apartment development tract and the City would be
better off spending sewer money in a more desirable area. Mr. Hill asked about existing
R-1 zoned tract adjacent, and Mr. Mayo said it is staff's opinion that it, too, should
be changed to industrial. Mr. Miler pointed out the shallow depth of the proposed M-1
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page 3
tract, and in his opinion this would almost guarantee non-development of the tract as
industrial. He further stated that he believes the entire tract should be changed from
• M-2 to M-1, rather than M-1 and R-5. Mr. Bailey said the
potential is there for an incident when residential development is too close to a rail-
road, and just because others have built close to a track, there is no reason to create
a larger problem.
Mr. Miller made a motion to recommend to the City Council that the entire 37.06 acres be
zoned M-1; Mr. Bailey seconded the motion. Mr. Hall asked who is the present owner of the
I ~ GN railroad right of way, and no one seemed to be able to answer the question. Mr.
Hall said his main concern is that perhaps the City has unzoned land, and he was informed
that is indeed the case. Mr. Hall said he wondered if the City should include the right
of way in the M-1 zoning request, and Mr. Hall said he believed that when the action to
rezone the R-1 tract adjacent is initiated, the right of way should also be included.
Mr. Hall said that in his opinion, continuous reference to a health hazard misses the
point because the hazard would still exist, although lessened during the daytime if the
land were developed as residential. His point was that a potential incident cannot be
predicted at any particular time of day. He thinks the size of the tract would be better
used as entirely M-1 rather than to be split between two uses, and he would be in favor
of M-1 for the whole area. Motion was voted on and .passed 6-1 to recommend M-1 for all
37.06 acres. (Behling voted against).
Discussion followed concerning the rezoning of the adjacent land and how to handle it.
Mr. Behling recommended that staff advertise it and bring it back to PAZ as an agenda item.
AGENDA ITEM N0. 7: 82-137: Reconsideration of a rezoning request of all of Block Y in
• University Park Phase II from Townhouse-Rowhouse District R-3 to Planned Commercial C-3.
Application is in the name of J. Spencer Wendt.
Mr. Callaway explained the request and gave the history of this particular tract of land
and informed the Commission the applicant has now indicated that C-N zoning would suit his
needs. The staff is still concerned with access to a commercial type tract through a
residential area, and the fact that making this tract commercial is not in compliance
with plans or proposed development of this area.
The public hearing was re-opened. Spencer Wendt came forward and placed a plan on the
wall which included proposed land use of tracts in the vicinity and identified the pro-
jects (a motel, hotel, offices and mixed use). He pointed out that there is no neigh-
borhood facility available in University Park for quite a long distance, and indicated
that the City has a great deal of control over any C-N developments.
Mr. Fleming asked why the applicant did not request A-P zoning and the applicant responded
that he would like to put a convenience store on the site. Mr. Mayo asked about access
through the residential street and Mr. Wendt pointed out that he would like access on to
University Drive since there would be frontage of approximately 400 ft. Mr. Miller asked
about how the store would serve University Park if there was no access directly into
the neighborhood. Mr. Wendt said he would not be opposed to a footbridge or a bicycle
bridge to the neighborhood. Mr. Miller and Mr. Bailey pointed out the potential dangers
of the left hand turns required to get out of University Park and into the store site
from University Drive. Mr. Mayo pointed out that the access from April Bloom to this tract
has always been the access, rather than an access since the area was platted, and had
always been a concern of staff's which was discussed thoroughly with the developer at the
• time the area was platted.
12-2-82 PAZ Minutes
page 4
Mr. Kelly asked about the C-3 request (see agenda item descripition) and Mr. Behling
pointed out that the formal request (in writing) is for C-3, but the applicant has indi-
• Gated verbally that he is requesting C-N zoning now. Mr. Hall said the point is whether
or not University Park needs a convenience store, and he thinks this need would be
questionable with current development and future development in the area.
J. W. Wood came forward and said that in approximately 3000 feet of frontage on University
Drive there are 8 curb cuts proposed, or 1 per 370 feet. He complimented the City on
controlling this, and said there is a large area which a C-N tract would be serving. He
then spoke of problems of development on this tract, and said that he had misunderstood
the plans, and had thought that the rear access to April Bloom was to be a secondary
access rather than the only access when the area was developed. Mr. Fleming asked what
had happened to make R-3 zoning less attractive now than when it was rezoned, and Mr. Wood
pointed out that the original zoning had been done in large tracts for land use, but
these uses have changed. He further pointed out that this would be the only change
requested in University Park from the original plans.
Opponents were called and Raymond Reiser came forward and spoke of the previous agenda
item which was from C-N to A-P, and said that request had been done for the purpose of
preventing a convenience store in the area. Mr. Hall asked if there wasn't a difference
between this tract and the one which is at the entrance to Post Oak Forest, and Mr.Reiser
said it was just across the street, and the change to A-P had been requested for the
purpose of protecting the environment. Mr. Hall pointed out other C-1 zoning in the area
and Mr. Reiser said he was not aware of that. Mr. Behling asked Mr. Reiser if closing
access to University Drive from Post Oak Forest was being considered, and Mr. Reiser
said he wasn't sure. The public hearing was closed.
Mr. Hill. said he was afraid of this .type of spot zoning and thought it might cause the north
• side of Universit Drive from the ro osed site for this c N the C-1. the ass
to become commercial. p p ~Mr. ~ai i~ey saic~the~belBiy~ves
some services are needed in a neighborhood, but not necessarily in the requested loca-
tion. Mr. Miller agreed and added that another traffic hazard could be the result of
such development. Mr. Hall asked about the paraphrasing Mr. Wendt had presented con-
cerning his meeting wifi h Mr. Ash. Mr. Ash then spoke and congratulated Mr. Wendt on
his homework and presentation, but wanted to address the access to this tract of land.
He reported that at no time had access to this tract been considered from University
Drive. The City had worked diligently to minimize curb cuts on University Drive, and
this particular tract does not have frontage on University Drive, but rather abuts
University Drive and has frontage to the residential area. The City believes this tract
should be zoned R-3, but if C-N or A-P is recommended, the City will work with the appli-
cant to get access to University Drive because a commercial type development should not
have access through a residential neighborhood. Mr. Miller asked if C-N would, in
Mr. Ash's opinion, be a safe type development., and Mr. Ash replied in the negative. When
asked about A-P development, Mr. Ash replied that it would probably be less of a hazard
than C-N. Mr. Wood came forward again and said that Mr. Ash was correct in that the ori-
ginal plans for this tract were for R-3, but that the builder who developed adjacent
tracts had not seen fit to build townhouses, but rather duplexes, and consequently now
townhouses on this tract would be a bad idea.
Mr. Miller then made a motion to recommend denial of this rezoning request and to leave
the zoning as R-3. Mr. Fleming seconded. Motion carried 6-1 with Mr. Behling voting
against it.
AGENDA ITEM N0. 8: 82-318: Preliminar Plat - Shenandoah Subdivision, located on the
• Southwest corner of S.H.No. and Barron Road.
Mr. Callaway explained the plat and located it on a map. He pointed out there had been
a redesign of the development of this subdivision as a result of the Presubmission Con-
ference meeting, the report of which is included in the Commissioner's packets. He said
12-2-82 PAZ Minutes
page 5
that anv rhannac which had not peen made could be handled on the Final Plat. Mr. Mavo then
spoke of the City's and County's concerns regarding the size of the subdivision and the
• fact that it is not adjacent to the city limits, and there could definitely be problems
with services to a development this .large. Staff's recommendation is that if the Pre-
liminary Plat is approved, the condition be attached that annexation is necessary before
the Final Plat is approved. Mr. Behling asked about park development, and Mr. Mayo indi-
cated there is a 3 or 4 acre park planned and he has recommended to developers that they
tact the City's Parks Department. Discussion of various potential problems followed
including the number of major arterial streets. Then Mr.Kelly made a motion to approve
the Preliminary Plat with a recommendation to staff that the Final Plat not be approved
until this subdivision is annexed into the City. Mr. Hall seconded the motion. Motion
carried unanimously.
AGENDA ITEM N0. 9: 82-450: Consideration of a Parking Lot Plan for a two story office
building located on University Drive at Forest Drive.
con-
Mr. Callaway presented the site plan and pointed out that landscaping provided on the
plan is not what the Commission has been recommending in the past, but the developer is
making use of the existing heavily wooded tract, and cannot be sure what trees can be
saved. Discussion followed concerning the access from University Drive, and Mr. Calla-
way pointed out that this will be signed as "exit only". Mr. Miller asked about a screen
fence, and Mr. Callaway answered that a continuous, solid 6' fence is required by Ordi-
nance. Mr. Landry came forward and addressed the landscaping question, stating there
would be more landscaping on this tract than there is across the street, but they
wanted to wait until the building was on the lot before finalizing it. Mr. Hall asked
about the "turn-around" area. Mr. Miller then made a motion to approve this plan, but
to withhold the building permit until the landscaping plan is approved by the Commission.
Mr. Bailey seconded the motion. Motion carried unanimously. (Mr. Behling offered his
• help to arrive at a landscaping plan).
AGENDA ITEM N0. 10: 82-448: Consideration of a Parking Lot Plan for the Brazos Square
Shopping Center located one block north of Brentwood Drive on the west side of Texas Avenue.
Mr. Callaway presented the plan and stated the revised site plan does comply with the
P.R.C. recommendations with a few exceptions which can be better handled prior to the
issuance of the building permit rather than at the time of approval of the site plan.
Michael Beaty, architect for the project came forward to answer questions and replied
that a 6" raised curb will border the north and rear property line, allowing a 2 ft.
overhang for head-in parking. Mr. Behling asked if the front of the building will be
marked for a fire lane, and was answered in the affirmative. Mr. Miller asked if the
driveway to the front and rear were common to the neighborhood convenience store. Mr.
Beaty answer~lthat there is a 25 ft. joint access easement (12~ ft. on either side of
the property line) which is already existing to the convenience store. Parking would
be contiguous and there is a deed restriction for a cross easement between the 2 pieces
of property. Mr. Miller asked if this went also to the rear of the building and Mr. Mayo
and Mr. Kelly answered it goes all the way to the rear but there's not an easement to
the rear. Mr. Miller said there is already a rear drive for the convenience store, then
asked if that would continue across the rear of this building. Mr. Beaty said the rear
drive to the convenience store does not come all the way to the .back of this property,
but only approximately 3/4 of the way back, so that by the time their pavement stops
you are in that widened portion of our plan. Discussion followed concerning the adja-
cent driveways, landscaping, access, and Mr. Beaty said the developers would be happy
to provide more specific landscaping notes. Mr. Ash pointed out that a great deal of
• planning is still required concerning the utility site plan as well as the water and
sewer and drainage plans, and that this should be discussed with David Pullen and Bennie
Luedke. Mr. Kelly made a motion to approve the site plan with the P.R.C. recommendations
and specific landscaping notes are to be shown on the plan, which must be approved by
the Commission prior to the issuance of the building permit. Mr. Hill seconded the
motion. Motion carried unanimously.
12-2-82 PAZ Minutes
page 6
AGENDA ITEM N0. 11: 82-602: Consideration of the annexation of approximately 54.99
acres of land situated in the Thomas Caruthers League and the Robert Stephenson League,
• and all of the right-ofi-way adjacent to the subject tract.
Mr. Callaway discussed this proposed annexation and said that it does follow the com-
prehensive plans and is in the direction of City growth, therefore staff recommends
approval by the Planning and Zoning Commission. Mr. Hall made a motion to recommend
approval of the annexation; Mr. Hill seconded the motion. Motion carried unanimously
6-0 with one abstention(Mr. Bailey, who was absent during the presentation and voting).
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AGENDA ITEM N0. 12: 82-444: Reconsideration of a Parking Lot Plan for the Jade Garden
Restaurant located at Texas Avenue ~ Brentwood.
Mr. Behling explained that the City Attorney has recommended that this item not be
considered because the indivisual owners are not amenable to Commission's recommendation,
and the Commission should let it stand as it was approved previously.
AGENDA ITEM N0. 13: Other business
Mr. Miller brought up the problem of incomplete landscaping at the time C.O.'s are
issued and cited the old Fed Mart building as an example. Mr. Wood came forward and
apologized for not completing what he had promised and cited weather and irrigation as
problems which had contributed to his failure to comply. Mr. Hill pointed out again
that the C.O.'s will not be issued on the agenda items covered tonight until the land-
scaping is in. He also stated that Mr. Wood did not make it clear that he had been in
disagreement with the requirement that landscaping must be completed before the C.O. is
issued at the time the requirement was made. Mr. Hall asked Mr. Wood how close the
restaurant is to completion and Mr. Wood said approximately 2 weeks, and he felt sure
he could meet the deadline with landscaping.
Mr. Kelly asked Mr. Ash if the City could put "No Parking" signs up (referring to the
south side of Harvey Road) and Mr. Ash said the City Manager could and he would point
out the area in question to Mr. Barde n.
Mr. Kelly then made a motion to adjourn. Mr. Bailey quickly announced a Tuesday meeting
of the Northgate Committee, and then seconded the motion to adjourn. Motion carried
unanimously.
APPROVED:
irman, Jim Behling
ATTEST:
City Secretary, Dian Jones
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