Loading...
HomeMy WebLinkAbout11/18/1982 - Minutes - Planning & Zoning CommissionMINUTES • Planning and Zoning Commission CITY OF COLLEGE STATION, TEXAS November 18, 1982 7:00 P.M. MEMBERS PRESENT: Chairman Behling, Members Kelly, Fleming, Bailey ~ Hall; also Council Liaison Runnels MEMBERS ABSENT: Hill ~ Miller STAFF PRESENT: Assistant Director of Planning Callaway, Director of Capital Improvements Ash, City Engineer Pullen, Planning Technician Volk AGENDA ITEM N0. 1: Approval of_Minutes - meeting of November 4, 1982 Mr. Fleming and Mr. Hall requested that their names be recorded as having voted "No" on Agenda Item #4. With that addition, Mr. Bailey moved to approve the minutes;Mr. Hall seconded. Motion carried unanimously. AGENDA ITEM N0. 2: Hear Visitors No one spoke. • AGENDA ITEM PJO. 3: 82-717: A public hearing on the question of granting a Conditional Use Permit fora Daycare Center for a maximum of 10 children in the home at 1713 Todd Trail. Application is in the name of Mrs. Dolly Lundberg. Mr. Callaway explained the request, stating that the request had been amended to lower the number of infants to be cared for from 10 to 6, then 6 to 4 by the applicant. He also pointed out there are two petitions from neighborhood residents for the Commission to consider. Public hearing was opened. requesting a daycare center she currently is caring for asked about the part of the had home football games, an• request completely, and was Mrs. Lundberg came forward and reiterated that she was for 4 infants under 18 months of age, and explained that 2 infants full time, and 2 infants part time. Mr. Behling request to care for 20 children on Saturdays when the Aggies ~ she indicated that she was withdrawing that part of the now asking for a permit to take care of 4 infants regularly. The following 6 neighbors came forward separately to speak in opposition to this daycare center: Anita Friedman (1709 Todd Trail), Mark Waller (1711 Todd Trail), Gary Cooper (1707 Todd Trail), Max Amoss (1708 Todd Trail), Charles Brice (1708 Austin) and Jack Friedman (1709 Todd Trail). They cited several reasons for their opposition which included retaining the dignity and integrity of the neighborhood, current zoning rules which allow 3 children without a permit which they believe is enough in a home, a steady stream of traffic from early morning until after 5 p.m. which has already been occur- ring, the necessity of employing extra help to meet state requirements, the safety hazard the extra traffic will create, the lack of means to monitor canpliance the City has which . will cause monitoring to be left up to the neighborhood and create hard feelings among friends, and the possibility of devaluation of property values. They also spoke about the petition which has ,been presented in opposition to this request. Mrs. Lundberg spoke again addressing first the alleged stream of traffic, and stated that she has a side entrance off Longmire which could be used to drop off children, thus PAZ Minutes 11-18-82 page 2 eliminating extra traffic on Todd Trail. She then stated she had checked with realtors concerning property values and had been advised that a daycare center in her home would • not be a detriment to property values in the neighborhood. She said she feels that safety in the neighborhood and her relationship with her neighbors is much more important to her than operating a daycare center. She also said she would not have to hire extra help when her 2 younger children are at home to meet state requirements, because she also has an 18 year old and a 21 year old who would be at home to help during those hours. Mr. Kelly asked Mrs. Lundberg when she had gotten her state permit and she said she has just applied for it, but not until after she had applied for this City permit. Mr. Fleming asked if she was aware of recent publicity of another daycare application in this City and she replied that only recently had she been made aware of the circumstance. Mr. Kelly asked if she was cognizant of the deed restrictions concerning her property, and she replied that she is not. Mr. Fleming asked if she had ever considered moving her operation to an area zoned commercial, and she replied that she wants to stay in her home, and that many mothers want this type of sitter for infants. Mr. Hall asked if she considers this a business and she replied that she does not. He further asked her what times the children would be there, and she said that one comes at 7:45 and one at 8:15, and one part time child comes at 8:10 and another part time child comes around 10, and all leave between 5 and 5:30 p.m. except one. She was asked what time the school bus comes and she could not answer that question, but Mr. Friedman answered that it comes around 11:30. Mr. Kelly said he had driven through the neighborhood at 8:15 a.m. and had met the school bus, but had to wait for it to go by because the street was not wide enough for him to meet it with the g cars parked at various intervals on the street in that area. The public hearing was closed. Mr. Bailey read the definition of Home Occupations from • the current Zoning Ordinance. Mr. Kelly pointed out that child care facilities are per- mitted in private homes. Mr. Hall read from the Zoning Ordinance that the "proposed use will not be detrimental to the health, welfare and safety of the surrounding neigh- borhood or its occupants, nor be substantially or permanently injurious to the neigh- boring property", and this is what makes the difference betwa~ an acceptable home occu- pation and one that is not acceptable; further that the Commission many times cannot make this judgment, but the neighbors can, and the concensus of many neighbors opposing this daycare center should carry a great deal of weight when the Commission considers whether or not to grant this conditional use permit. Mr. Bailey informed the public that they had 10 days to appeal the decision of the Commission if they are not satisfied with it. Mr. Kelly and Mr. Fleming disagreed. Mr. Fleming then made a motion to deny this request for a conditional use permit and Mr. Bailey seconded the motion. .Motion to deny carried 4-1 with Mr. Behling voting against it. Then Mr. Behling stated that an appeal of this decision can be made to the City Council within 10 days if desired, and referred to Section 10-C.2.5. of the Zoning Ordinance. AGENDA ITEM N0. 4: 82-140: Reconsideration of a rezoning request of all of Lot 1, Block Anderson Ridge Corporation Section 2, located on the north side of Holleman approximately 650 feet west of Texas Avenue., from Single Family Residential District R-1 to Planned Commercial District C-3. Application is in the name of Anderson Ridge Corpor- ation (J.W.Wood Mr. Bailey made a motion to bring this item from the table; Mr. Fleming seconded. Motion • carried unanimously. Mr. Callaway then explained that the City Council has approved an amendment to C-3 zoning ordinance which restricts the allowable lot size of a C-3 tract to 3 acres, but that it will be about 10 days before this amendment is in effect. He then pointed out PAZ Minutes 11-18-82 Page 3 that staff recommended, and PAZ approved, the 3 acre maximum, and that the Commission should not exceed its recommendations. He further explained that the Consultants had recommended A-P zoning in this area, and therefore, this request for a combination of C-3 and A-P would not be entirely inconsistent with future planning. Mr. Kelly asked if there is sewer capacity for C-3 uses and Mr. Callaway said there is, with the exception of a car wash. J. W. Wood came forward and went to a map on the wall and explained that the request is now for 3 acres of C-3 zoning, with the remainder to be A-P, and further that the frontage on Holleman should be split 50/50, with half being A-P and the other half being C-3. Mr. Kelly asked what width the "proposed street" was, and Mr. Wood answered that it would be the same width as others, but that he would propose this street not be developed due to the City's changes in planning. The public was invited to speak, but no one spoke. Mr. Fleming asked about access to Park Place and Mr. Wood indicated that it would only be secondary access for emergency vehicles and not a primary access. Mr. Bailey said this could be controlled on the site plan. Mr. Fleming asked if there would be a problem if access to Park Place was limited, and Mr. Hall questioned if this could be done on a rezoning request. Mr. Behling advised that it could not be done now, but it can be done on a site plan and a recommendation can be made now. Mr. Hall asked if this request is for A-P and C-3 or simply C-3. Mr. Wood advised that it is now for A-P and C-3. Mr. Hall asked if we could do this without renotification of neighbors and Mr. Callaway advised that the City Attorney has advised him that this can be done if the change is minor in nature, as is this request. Mr. Hall then ques- • tinned the relocation of a boundary line which would change what is shown on the map presented tonight, and Mr. Wood offered to relocate the line on the spot, and did so. Then Mr. Callaway advised .that metes and bounds would have to be furnished before the ordinance for rezoning would go to Council for approval, and that this change is acceptable as long as everyone on the Commission understands what is being done, and also as long as the legal description is not greatly changed. If the legal description changes greatly, the Council will be advised by staff before they rule. It was then agreed that when the line is established between the C-3 and A-P zoning, the frontage of each tract on Holleman should be equal, and the boundary on Park Place should remain where it is shown on the present map on the wall. Mr. Wood drew the line and it was then established that frontage on Holleman would be approximately 159 feet for each zoning district, with a 254 fpot rear dimension. Mr. Kelly asked again about the proposed street shown on the plat, and Mr. Behling advised this should be replatted and street deleted and all other changes .can be made then. Mr. Bailey pointed out that if this is not replatted, and the street remains, setback restrictions according to ordinance will be in effect. Mr. Wood stated he thinks the entire block is called "future" on the plat, and does not think this street is actually platted. Mr. Kelly wanted to amend the motion to delete the street. htr. Bailey pointed out that this is rezoning, not replatting. Mr. Ash advised that this street has not been dedicated by plat, and is not a street until it is platted, and at the present time is non-existent and the right-of-way is not there. Mr. Kelly is afraid the developer will be caught up somehow, and wants this street deleted now. Mr. Hall asked if the motion would include A-P zoning on what is now designated as future street. He was advised this is so. Mr. Hall then made a motion to approve this request and to recommend to the City Council that the rezoning be for no more than 3 acres to C-3 with the line between the 2 tracts • to be relocated to divide the frontage on Holleman to be 159 feet for each the C-3 and the A-P tract. Mr. Bailey seconded the motion. Motion carried unanimously. PAZ Minutes 11-18-82 page 4 AGENDA ITEM N0. 5: 82-317: Preliminary Plat - Glenhaven Estates - Brazosland Properties, Inc. • Mr. Callaway explained the plat and pointed out the difference between this plat and the original preliminary plat. He informed the Commission that Council had approved this plat on November 16th. Mr. Hall asked that when the Final Plat is submitted that access be restricted off the cul-de-sacs, and Mr ., Callaway pointed out lots 12, 13 i; 14 on Glenhaven Drive. Mr. Behling wanted the motion to include that all lots held for reserve to indicate by note "reserved for future subdivision". With those conditions to the Final Plat, Mr. Bailey made a motion to approve this Preliminary Plat with Mr. Hall seconding. Motion carried unanimously. AGENDA ITEM N0. 6: 82-447: Consideration of a Parking Lot Plan for the Central Park Atrium Office Building on Southwest Parkway and Central Park Lane in Eastmark. Mr. Callaway explained the plan and said staff commendations. Tim Keneipp advised the landsc, Restrictions. Mr. Bailey asked about the sign zoning does not allow a sign except an address memo. Mr. Kelly made a motion to approve this carried unanimously. AGENDA ITEM N0. 7: 82-5. Apartments located at 0' recommends approval with the P.R.C. re- aping was restricted by the Eastmark Deed and Mr. Callaway informed him that A-P sign which is referred to in the P.R.C. plan with Mr. Bailey seconding. Motion Consideration of a Site Plan Permit for the Cherry Street Cherry Street. Mr. Callaway explained that the applicant had not fulfilled the recommendations by the P.R.C. and had asked this item to be tabled. Mr. Kelly made a motion to table the item • and Mr. Bailey seconded. Motion to table carried unanimously. AGENDA ITEM N0. 8: Other Business Mr. Callaway explained that the Jade Garden Restaurant parking lot plan which had been approved with a recommendation for access has created a problem, in that the access can- not be provided because this access is not agreeable to all property owners. He further stated that if this access recommendation is to be mandatory, it must be stated as a mandatory condition to the approval of the plan, and that if a building permit were requested for this plan now, staff would have to grant the permit. He went on to say that he had not discussed this matter with the City Attorney, and Mr. Ash recommended that the problem be presented to the City Attorney before a decision is reached. Discussion followed, and Mr. Callaway was directed to take this problem to the City Attorney, and if so directed, then to bring it back as an agenda item, but if the City Attorney advises the Commission, cannot mandate the access be made available, it should not be brought back as an agenda item, but rather to advise the Commission under Other Business. Mr. Bailey made a report on the Northgate Committee, indicating a questionnaire was being prepared for distribution in the area on Friday which is color coded, and requests information from patrons concerning mode of travel to the establishments and will be collected on Monday. The next meeting of the Committee will be on 12/7/82. Mr. Ash introduced the new City Engineer, David Pullen and his wife, Dean. Mr. Hall made a motion to adjourn with Mr, Fleming seconding. Motion carried unanimously. • APPROVED: Ji ehling, Chairman ATTEST: Dian Jones, City Secretary ~ C~~tY ~."'b ~ ~, ~~ . ~~~v~ (~-~- - • C] ~, ~~ ~.y,~f °„a,.~ ~, ~ /~ kTAn-Kasen u~twZq, ~izcc~~-- ~~ ~ ps S l a~i5 S ~~ ~~ ~~~~~. i~~/~~ ~~