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HomeMy WebLinkAbout04/19/1984 - Minutes - Planning & Zoning CommissionMINUTES CITY OF COLLEGE STATION, TEXAS Planning and Zoning Commission April 19, 1984 7:00 P.M. MEMBERS PRESENT: Chairman Hill, Members Kelly, Hansen, Martyn, Miller ~ City Councilman Boughton MEMBERS ABSENT: Member Bailey STAFF PRESENT: Director of Planning Mayo, Asst. Director of Planning City Engineer Smith, Zoning Official Kee, Asst. Zoning Planning Assistant Longley and Planning Technician Volk AGENDA ITEM NO. l: Presentation of Plaques in Recognition of Service Kaiser, and Callaway, Asst. Official Johnson, Councilman Boughton presented plaques in recognition of completion of two years of service on the. Commission to Commissioners Hill, Miller, Kelly and Bailey (who was absent). She thanked them for their service to the community, and announced that they would continue serving on the Commission until appointments are made by the Council for 1984-86. AGENDA ITEM N0, 2: Approval of Minutes - meeting of April 5, 1984 Mr. Martyn stated that he would like the bottom paragraph on page 2 regarding the dis- cussion which took place about the preliminary Northgate zoning plan to be more specific and to inciude fihe major concerns expressed by Mr. Hill and him concerning reconstruction of the area. Mr. Hill requested that the last sentence in the third paragraph on page 2 regarding a parking lot to indicate that "the assumption must not be made that a parking lot wilt be built until there is something concrete" rather than "...until something con- crete is known." Mr. Hill instructed the secretary to check the tape recording to make the corrections Mr. Martyn referred to. Mr. Miller made a motion to approve the minutes as amended by Mr. Martyn and Mr. Hill, with Mr. Martyn seconding. Motion carried unanimously (6-O) AGENDA ITEM N0. 3: Hear visitors No one spoke, AGENDA ITEM N0. 4: 84-802: A public hearing on the question of establishing uses in a C-N Neighborhood Business zoned shopping center located at the corner of Anderson ~ Holle- man. Appl~catlon is in the name of I. Q. Development Corporation. Mr. Callaway explained that the site plan for this shopping center was approved previously and the shell structure had been built, all under the old C-N zoning district regulations, but staff has been advised that procedural aspects of ordinance amendments can be applied to these previously zoned tracts, and the applicant is requesting that uses which would !'offer primarily consumer products to the public" be approved for this particular shop- ping center. Mr, Hiil said that he had discussed this request earlier with staff, and that he finds the uses fisted in the letter from the applicant ambiguous and would hope that staff can im- • pose some rules to follow. Mr. Miller agreed, saying there are many types of small busi- nesses in a retail zone. Mr. Mayo stated that a restaurant or an office are not considered ~. PAZ Minutes 4-1g-84 page 2 small retail businesses. Mr. Martyn said that the current zoning ordinance refers to retail shops and services with a 2,000 square foot maximum floor area as appropriate per- mitted uses in a C-N zoning district. Mr. Hill said there are many small retail uses which could be confined to 2,000 square feet or less which would not be appropriate in a "Neighborhood-Business" zoned district. Mr. Mayo pointed out that this Commission can generally approve retail businesses and specifically exclude some businesses from that list. Mr. Martyn referred to the letter from the applicant which states the "remaining spaces are intended for small retail businesses which would offer primarily consumer pro- ducts to the public", stating that he believes the ordinance governs the size to 2,000 square feet or less, and that he would propose a motion to approve small businesses as defined in the ordinance, and to state in the motion that any deviation must come back to the Commission for review. Mr. Miller asked wb would know the use desired and Mr. Mayo answered that the Zoning Official would know. Mr. Hansen said that if a proposed use causes any question to staff, it can come back before the Commission for a ruling. Mr. Hill referred to outlet malls which house small retail uses but do a high volume of busi- ness as not being appropriate in a C-N zone due to the amount of traffic caused.Mr. Kelly asked the Commission if it would consider restricting a 7-11 store to 2,000 square feet. Mr. Hill said that he sometimes questioned the appropriateness of a big convenience store in a C-N district. Mr. Miller asked staff how cases are evaluated and Mr. Mayo replied there is no established methodology, but that there are not that many C-N zoning districts in the City and up to now there has been no problem. He went on to point out that the Commission could be specific and list particular uses to be allowed in this project, and then anytime a proposed use does not fit into the list, staff would inform the applicant he would have to come before this Commission for approval. Mr. Hill said that this would be like a strip commercial shopping center. Mr. Mayo replied that this particular center was zoned C-N before the current ordinance, and staff would recommend approval of this applicant's request as submitted. Mr. Kaiser asked if it would be appropriate to speci- fy the remaining spaces would be controlled as specified by ordinance, and Mr. Mayo replied that a ruling of that nature would be broader than the applicant has requested, but that staff has no problem with that type of approval. Mr. Martyn suggested the Commission do that, or else table the item to allow time to establish specific uses to be allowed in this center. Mr. Miller said that he sees no reason to further delay establishing uses here. Mr. Hill read from section 5-i.2 of the Zoning Ordinance, stating it does not specifically cover a clothing store. Mr. Kelly pointed out that normally a C-N business would be a self-service station, a laundrymat, a convenience store, and if any request designated any other use, it would have to come back before the Commission. Mr. Hill asked Mr. Kelly if he believes a retail clothing store would be a personal service shop and Mr. Kelly said he did not know the answer. Mr. Hansen said he believes that whatever is put in this center would fill a need in the neighborhood, and uses should be left up to ordinance definition. Mr. Hill said all he wants to know is if staff would allow a retail clothing store in a C-N zoning district and Mr. Mayo replied that it would. Mr. Kaiser agreed, stating that would be correct if a retail clothing store is considered a retail shop. Mr, Miller said that owing to the fact that "small" is considered 2,000 square feet or less, he would make a motion that the remaining spaces be limited to 2,000 square feet and uses would cover only sales of consumer products to the public, adding that the limited square footage might limit uses,- Mr. Kelly seconded the motion. Mr. Hansen asked if this motion would include retail food stores and Mr. Miller said the motion specifies square footage only so there is no ambiguity, and he would leave the judgment of appro- priate interpretation of uses to the staff. Mr. Martyn said this would be allowing everything in a C-1 zoning district with only a restriction on size, and might attract retail stores which should go into malls and not into neighborhood zones. Mr. Mayo pointed out that the Commission is supposed to consider uses in this particular C-N zone only on • this request. 1~1r. Miller pointed out that Mr. Hill has defined a retail outlet store as a high traffic generator, and that would not be good in a neighborhood. Mr. Hill said r~-----. PAZ Minutes 4-1g-84 page 3 that is not necessarily what he said. Mr. .Miller said the ordinance is vague as to what would be allowed in a C-N zone, and he is not sure a retail outlet store is less attractive than a pharmacy. Mr. Hill said, "Why have a C-N zone then", and went on to say that it seems that staff does not have a clear idea as to what should go .into a C-N zone. Mr. Mayo said a C-N zoning district primarily serves an area, but the difficulty is that most C-N tracts are on a major arterial in this City, and most end up being more of a small C-1 zone. He went on to explain again that this Commission should look at each C-N zoned district individually, as some may not be on a major arterial, and this Commission can control usage of each individual C-N zoned tract, Mr. Martyn said that the motion on the floor does not address. that and Mr. Mayo asked the Commission to please look. at this specific tract. Mr. Miller said then that for this particular tract, the uses proposed, if 2,000 square feet or less, are fine with him. Votes were cast, and the motion failed by a vote of 3-3 (Kelly, Hansen ~ Miller for; Hill, Kaiser ~ Martyn against). Mr. Mayo pointed out that there are several commercial operations at this corner which are not fn this project. Mr, Martyn said that is not the question here. Mr. Mayo replied that the Commission should be concerned only with the C-N tract. Mr. Hill said that this particular intersection Ps an inappropr-late corner for a high traffic generating business and if he had gotten a reading from staff that it would control uses according to traffic generation he would agree, but because no distinction was made between high or low traffic generators, he could not agree, and further said that the character of that .intersection does not seem to be a major arterial. Mr, Mayo pointed out that staff would have no way to determine whether or not a business would be a high or low traffic generator,. and relies on this Commission to specifically exclude certain uses. He pointed out that there is a Jot going on at that corner already. Mr. Hill said the City has no • other C-N tract quite as large as this one, and it should not be that much of a problem for the Commission to look at proposed uses in this C-N zone; that at most, there may be 2 or 3 requests a year,. and coming before the Commission each time would allow the Commis- sion to make a judgment on each individual request. Mr. Martyn said the real purpose as defined by ordinance in a C-N zone is ".,,provides small commercial sites in residential convenience goods and personal service businesses. No use shall be allowed which would adversely affect the health, safety, welfare, or residential character of the neighborhood. The use shall 6e a low traffic generator and shall not create any noise, tight, or odors abnormal to the neighborhood, No outside storage or display of goods or materials shall be allowed,' He went on to say that, by definition, restricts a lot of normal retail uses, and then made a motion to recommend approval with the statement attached that the remaining spaces intended for small retail businesses which would offer primarily con- sumer products to the public would be limited to those specified by Section 5-1.2 of Ordinance 850. Mr. Miller said he disagreed. Mr. Kaiser seconded this motion. Mr. Hill asked if a vending service would be approved in this C-N zone if the motion was approved and Mr, Mayo asked him for clarification. Mr. Hill asked if a vending service dis- tributor could go in C-N. Mr. Mayo said he is concerned that Pnterpretation which was intended for the PAZ Commission is being given to staff, and he worries that staff cannot always please the Commission, but would be willing to do it if the Commission directs it to. Ne went on to say that C-N districts were set up to give flexibility and determina- tlon to the PAZ Commission, and if the Commission wants all proposed uses to come back before It ors this particular tract, then the staff would so direct applicants. Mr. Hill said that he sees no particular problem with bringing each proposed use in this particular tract back to the PAZ Commission for review. Mr. Miller said he disagrees; that he does not want staff to carry all the responsibility, but he also does not want the Commission • to look at each lndiyidualiy proposed use. He suggested that a definition be made in the motion for- approval so the Commission can get on with business, and went on to say PAZ Minutes 4-1g-84 page 4 that he does not think this C-N tract will affect this intersection nearly as much as the soccer games which are held on weekends at the neighborhood park there. Mr. Kaiser explained that he has seconded the motion because he thinks staff has a reading as to what the Commission wants, and he is against having every project come back before the Commission for action. Mr. Miller said he would like to-hear from staff. Mr. Martyn suggested a specific list of uses should be provided to staff. Mr. Mayo said that if the Commission is not satis- fPed with the general categories listed in the ordinance, then it should be more specific, and if it cannot, he would suggest the denial of this request and then every proposed use would come back before the Commission for review. Votes were cast with the motion failing by a vote of 2-4 (Kaiser ~ Martyn for). Mr. Kelly made a motion to approve the request as presented by the applicant. Mr. Miller seconded the motion. Votes were cast and resulted in a tie vote (3-3) with Kelly, Miller and Hansen for. Mr, Mayo suggested that this request be denied which would necessitate having the developer bring back each proposed use before this Commission for review. Mr. Hill said that in essence, this tie vote represents a denial of the request, and the result is that on this particular C-N tract, each proposed use will have to come before this Commission for review on an individual basis. AGENDA ITEM N0. 5: 84-206: Final Plat - Cornerstone Commercial Section 1 - 8.72 acres Mr. Mayo explained the plat, indicating that the corner lot will be used for a temporary sales office which wilt be taken out at a later time when it is no longer needed. He also stated staff recommends approval of this plat as shown. • Mr. Marfiyn asked why the lot for the temporary building is being platted separately from the larger lot, and Mr, Mayo said that platting is required by ordinance. Mr. Martyn asked if the small lot could be sold separately in the future and Mr. Mayo replied that it can. Mr. Martyn asked why it is being platted as a separate lot and Mr. Mayo replied that he does not know, but. that it probably has something to do with lenders and tax situations. Mr. Kaiser referred to a memo from tle City Engineer which refers to infra- structures, and asked just what that is, to which Mr. Mayo replied that infrastructure refers to utilities and streets. Mr. Kelly made a motion to approve the plat as shown with Mr. Miller seconding. Motion carried 5-0-1 (Hansen abstained), AGENDA ITEM N0. 6: 84-303: Preliminary Plat - Rainbow Acres located in the ETJ Mr. Mayo explained the plat, indicating that some of the changes required on the Pre- submission Conference report have been made, with the rest to be taken care of on the Final Plat. He stated staff recommends approval of the plat with Presubmission Conference report conditions, Mr, Kelly made a motion to approve the plat with Presubmission Conference condilions. Mr. Hansen seconded. Motion carried unanimously (6-0). AGENpA ITEM N0. 7: Other business Mr. Martyn gave a brief report on the Highway 6 East Bypass Study Committee, stating that it is making good progress, that several maps have been prepared and the committee is now ready to look at individual sections and plans to make its recommendations within the • next several weeks. Mr, Miller mentioned a letter he had received from Mr. Hinton concerning a tract of land P&Z Minutes 4-1g-84 page 5 with the request to comment concerning zoning. Mr. Miller then stated that he does not intend to answer thls letter because he will not vote on an issue through the mail. • Mr. Martyn then complimented Mr. Hill regarding the way he has handled the chairmanship of this Commission during the past year. Mr. Hansen. made a motion to adjourn. Mr. Miller seconded the motion. Motion to adjourn carried unanimously (6-O). APPROVED: David B. Hilt, Chairman ATTEST: Dian Jones, CPty Secretary ~• • PLANNING AND ZONING COMMISSION GUEST REGISTER • .. it NAME 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21.. 22. 23. 24. 25. DATE April 19, 1984 ADDRESS 30 9 ~i~~ier C . -~~,i" r Z ,~ . ~-