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HomeMy WebLinkAbout06/07/1984 - Minutes - Planning & Zoning CommissionMINUTES • CITY OF COLLEGE STATION, TEXAS Planning and Zoning Commission June 7, 1984 7:00 P.M. MEMBERS PRESENT: Chairman Hansen, Members Stallings, Brochu, Martyn, Tongco ~ Kaiser MEMBERS ABSENT: Member MacGilvray STAFF PRESENT: Director of Planning Mayo, Asst. Director of Planning Callaway, City Engineer Pullen, Zoning Official Kee, Planning Analyst Longley, Asst. Zoning Official Johnson, Asst. City Attorney Locke ~ Planning Tech Volk AGENDA ITEM N0. 1: Administration of Oath of Office to new Commissioner Chairman Hansen Administered the Oath of Office to new commissioner Celia Stallings. AGENDA ITEM N0. 2: Approval of Minutes - meeting of May 17, 1984 Mr. Martyn referred to an error in the first line of the last paragraph of page 3, stating that he had .asked for a definition from the City Attorney rather than Mr. MacGilvray. No other changes were requested, so with that one change, Mr. Martyn made a motion to approve the minutes with Mr, Brochu seconding. Motion carried 4-0-2 (Stallings ~ Kaiser). AGENDA ITEM N0. 3: Hear Visitors • No one spoke. AGENDA ITEM N0. 4: 84-110: A ublic hearin on the uestion of rezonin a 6.90 acre tract of land located on the west sFde of State Highway 6 East Bypass south of and adjacent ~o the Bernadine Estates Subdivision, from Administrative-Professional District A-P to General Commercial District C-1. Application is in the name of John W. Haney, Sr. Mr. Callaway located the tract, explained the current zoning, adjacent zoning and area zoning, as well as the various- uses in the area. He then gave a brief outline of the his- tory of the zoning on this tract, stating that the current A-P zoning is the result of City initiated rezoning from A-P ~ C-i to A-P in 1982, concluding that staff recommends denial of this request and retention of the existing A-P zoning for the following 3 reasons: (1)The tract abuts an existing single family residential neighborhood, no provision is offered fora buffer, and C-1 zoning is not compatible with single family residential development; (2) fihe current A-P zoning is in compliance with the City's Land Use Plan; and, (3)The requested C-1 zoning would allow use of the tract for high-traffic generators which could compound access and circulation problems in this area. Mr. Callaway then re- ferred to a conceptual project plan for this tract, explaining that consideration of the rezoning request should be based on the zoning district requested, not on a proposed site plan. Mr. Martyn asked why the City had initiated rezoning of this tract in 1982 and was told that both an in depth study of the area and the initiation of rezoning were the result of a request from Brea residents. Mr. Hansen asked City Engineer Pullen when the Bypass Frontage R©ad will be a one-way street, to which Mr. Pullen replied that the date is un- • known. Mr. Hansen then asked him what the impact of a project such as this conceptual plan depicfis would be on this area to which Mr. Pullen replied that a study by staff is now underway, but results are undetermined at this time. P&Z Minutes 6-7-84 page 2 The public hearing was opened, George Bail came forward as a representative of the owner of the tract,. explaining tfiat C-1 has been requested for the entire tract, as the current • A-P zoning on a porfiion of it does not allow the fullest use of the land, and the proposed project (office/warehouse) would require C-1 zoning. He then stated that a small office/ showroom/warehouse project would require C-1 zoning. He went on to say that he could not guarantee that this project would be the one built on this site, but the owners of the Land have assured. him that it would happen if C-1 zoning is granted. He stated that the proposed plan has not been reviewed with the neighborhood, but the developer would prob- ably be willing to do so. Mr. Hansen asked him if an attempt has been made to come up with an A-P/C-1 plan with a buffer, to which Mr. Ball answered that has not been considered at this time. Mr. Kaiser asked if a developer could develop this site with the current zoning and Mr. Ball answered that it could be done, but C-1 zoning would allow a more flexible project. Mr, Hansen asked staff if C-N & A-P zoning would be considered, but Mr, Callaway replied that C-N zoning restricts the tract to a 2 acre maximum size, and further, that this area is already welt served with developed Neighborhood-Business (C-N) projects. Gail Griffin came forward, stating that she is representing the neighborhood which had turned in the petit (on reflecting opposition to this request. She said she had some questions regarding the buyer of this land, and had heard it is a drilling company, stating that it puzzles her what a drilling company would be selling, anal indicating that there would probably be a need. for large 18 wheel type trucks fo.r deliveries, stating that the traffic and the noise would adversely affect the established residential area adjacent to this tract. She spoke of the already dangerous intersection of Texas Avenue and the Bypass, stating that when the Frontage Road becomes one-way, the only access to this tract would be through an additional curb cut on .Texas Avenue, which would add to the danger, or through Miie Drive, which is a residential street and is neither paved nor guttered, and not meant for heavy traffic. Mr. Martyn asked for the percent of residents who had signed the petition presented, and she stated the petition represents 100% of the residents of Mile Drive. Assistant Clty Attorney Locke came forward to clarify a point of law concern- ing voting procedures when petitions are involved. No one else spoke, The public hearing was closed. Mr. Kaiser asked staff if this tract and current zoning has litigation pending and Mrs, Locke replied that it does, giving a very briaf outline of the case. Mr. Martyn spoke of his reasons for being against this particular requesfi which include the fact that. he .deems it inappropriate to rezone land which has litigation pending, and the City apparently thinks the best uses for this land are A-P projects,not C-l projects. He pointed out that the PAZ Commission's job is to zone land for suitable. use and not for particular projects. He added .that C-1 zoning is not compatible with this residential area. Mr. Kaiser made a motion to deny this rezoning request with Mr. Martyn seconding the mo- tion, which. carried unanimously (6-0). AGENDA ITEM N0, 84- 11: A ubllc hearing on the uestion of rantin a Conditional Use Permit fora Child Care Center in-home at l 03 Gunsmith for a maximum of 6 children. Ap~l_icat'1on is in the name of Darrell Barton Merrell. Mr. Callaway explained that in-home day care is allowed by ordinance for up to 3 children without a use permit, but when the requesfi includes 4 or more children, ordinance requires the PAZ to issue a use permit, Staff would recommend that if this permit is granted, the Commission establish a maximum number of children to be allowed, and pointed out that in the past fihis Commission has limited in-home care to 6 to 10 children. Mrs. Tongco stated that the applicant is Mr. Merrell, but she wonders who is the owner. Mr, Callaway • suggested that perhaps the applicant could supply that information. Public hearing was opened. PAZ Minutes 6-7-84 Page 3 • Tom Fogwell, 1400 Gunsmith came forward stating the applicant is a renter and that in his opinion, this home has no facilities for this type of use; the yard is small, the home is small, there are no swings, etc., and there is a deep drainage ditch in the back. He added that there are already 3 children and 2 adults occupying this home, and that 6 more children would cause an overcrowded condFtion. Me then stated that the resident children already play in the front yard, in other yards or in the cuT de sac (street). Mr. Brochu asked if the applicant is keeping other children now, Mr. Fogwell said he does not knew. He added that the back yard is fenced, but the yard is very small. Mr. Brochu asked what the parking situation in the neighborhood is, and Mr, Fogwell replied that there is some on-street parking already, and tends to become crowded when there are visitors in the homes. Mr, Kaiser asked how many children live around this cut de sac and Mr. Fog- we19 gave, an estimate of 8. Mr, Kaiser asked Mr. Fogwell to restate the basis to his opposition to this request and Mr, Fogwell stated there is not enough room, there are already 3 children ages apx, 2-8, the yard is too small and there are no play facilities. Mr. Kaiser asked 1f there ss access to the park from this lot and Mr. Fogwe ll answered there is not. Darrell Jones of 1401 Gunsmith came forward to indicate .opposition to the request, but thafi he had nothing to add to Mr. Fogwel1s statements except the home in question is at 1402 rather than 1403 Gunsmith, Mark Paulsen came forward to speak sn favor of the request, stating there is a place for in-home child care and that 6 additional children would add only 12 traffic movements to a street. He then addressed fihe drainage ditch, stating that it probably is not 25 ft. deep. Mr, Fogwell answered that the ditch is certainly not 25 ft. deep, but that this • home is already crowded,: the children spilt out into the neighborhood, and 6 more would be intolerable to neighboring residents, Mrs. Tongco stated she believes that the fact that the applicant is a rentor rather than an owner should be a deciding factor, as this could establish a precedent, and many rental homescould turn neighborhoods into quasi- commercial areas as a result. Mr, Brochu said that infant children would require less space, and wondered if age restrFctions could be imposed. Mr, Martyn then made a motion to deny this request fora Conditional Use Permit at 1402 Gunsmith with Mrs, Tongco secondsng the motion, which carried 4-2 (Hansen & Kaiser). AGi;NDA ITPM N0, 6: 84-109: A ub1ic hearsng on the uestion of rezonin Part of Lots 2, 3, ,13,1 ~ 15 of stocks Eastmark Subdivision Phase II 6.50 acres from General Com- mercial District C-1 to Commercial Industrial District C-2. Application is in the name of EastMark Partners, Mr. Callaway located fihe land, explaining area zoning. is C-1 except across the Bypass where it is A-O and R-1, further stating the area is reflected as commercial on the City's Land Use Plan and is curhently developing as commercial, Area zoning and uses allowed in C-2 zoning districts were discussed. Public hearing was opened. Brian Robbins, a representative of the company wishing to develop this land, came forward to speak in favor. of this request, and to ask permission to present a conceptual site plan for the proposed development, Permission was granted, Mr. Kaiser asked if the photos represented-the type of store (lumber sales, etc,) and he answered in the affirmative, further explaining the type of merchandise which would be available. Mr. Kaiser asked • .what type of access was planned, and Mr, Robbins. replied that customers would have to head south from the Mall along the Frontage Road, to 2 proposed access points. No one else spoke. The public hearing was closed. PAZ Minutes 6-7-84 page 4 Mrs. Tongco pointed out that although some C-2 uses might not be desirable in this area, she could foresee no-major problems with this plan, as the area at SH30 ~ the Bypass has • the same type zoning/development. Mr. Hansen said that if there is a good location for C-2, it would probably be along the Bypass. Mr. Kaiser said he is aware that the City Engineer controls access points, but wondered if the Commission should be concerned with the number of curb cuts. off the Frontage Road. Mr. Pullen replied that site plan review would 6e the controlling factor, but pointed out that this subdivision has a large access easement across the front which is designed to replace individual access from lots direct- ly onto the Frontage Road, He added that the Traffic Engineer is currently studying this area. Mr. Kaiser said that certain zoning seems to cause access problems, but Mr. Hansen pointed out that Frontage Roads are developed to provide access to lots off major thor- oughfares. Mr. Kaiser agreed, but stated that close proximity and the amount of queing required can be a problem. Mr. Pullen pointed out that the Comprehensive Plan recommends 500 ft, between driveways at certain location due to traffic studies based on speed and volume of traffic, Mrs. Stallings made a motion to approve. this request with Mrs. Tongco seconding; motion carried unanimously (6-0). AGENDA ITEM N0, 7: 84-213: Final Plat - Resubdivision of Block "B",Eastmark Addition, Mr. Mayo explained the purpose. of the plat, stating all conditions of the Presubmission Conference have been met and staff recommends approval of the plat as shown. Mr. Hansen asked about the location of fihe Southwest Parkway interchange and Mr, Mayo replied that it will connect with Raintree Drive. Mrs. Stallings requested that all land owners be required to sign the plat. Mr. Mayo replied that this is the current practice. • Mr, Marlyn made a motion to approve this plat wifih the stipulation that all property owners of land being platted must sign the plat, Mr, Brochu seconded the motion which carried unanimously (6-0), AGENDA. ITEM N0. 8: 84-305: Preliminary Piat -Barron Road Addition(W,of SH6,S of Barron) Mr, Mayo located the land and explained existing development on several lots. He stated all Presubmission Conference conditions have been met and staff recommends approval as shown. He explained that "'Reserve Tract A" will be held for future R.O.W. for SH6 expansion. Mr, Marlyn made a motion to approve the plat; Mrs. Tongo seconded. Motion carried unanimous) (6-Q) . AGENDA ITEM N0. g: Other business Mr, Marlyn requested that a Vice Chairman be appointed; Mr. Hansen replied it would be done by the next meeting. Mr. Marlyn then made a motion to adjourn with Mrs. Stallings seconding. Motion carried unanimously (6-0). APPROVED: en Hansen, Chairman ATTEST: • Dian Jones, Clt Secretor Y Y OATH OF OFFICE • • I ~ CELIA STALLINGS do solemnly swear (or affirm) that I will faithfully execute the duties of the office of PLANNING AND ZONING COMMISSIONER of the State of Texas, and will to the best of my ability preserve, protect, and defend the Constitution and laws of the United States and this State; and I furthermore solemnly swear (or affirm), that I have not directly nor indirectly paid, offered, or promised to pay, contributed, nor promised to contribute any money, or valuable thing, or promised any public office or employment, as a reward to secure my appointment or the confirmation thereof. So help me God. ~ ~ Chairman, :Planning and Zoning Commission DAVE: ~G X986 PLANNING AND ZONING COMMISSION GUEST REGISTER NAME 1. 2. ~r~ij~ ,Ga 6 ~~,s 3. 4. 5. 6. 7. 8. 9 . ,. , ~~-c , . , . 1 1 ~~.....,..._ , r ~~ ,. . 12 r _ ~:_ - . , gt-~?~- -~ 14. . 15. 16: 17. 18. t9. 20. 21. 22. 23• 24. . 25. DATE - ~ ~T ADDRESS f~a,13a~ ~2 3 ¢ , C, ~ • { ~ VQX /~// ~~/ .//1 e~..C bOro /7 ' C j J /~~' ~G~, ~? , ~ , f (~ M ~ 1. f ~ t~ - C^r~ ``-7' ;~ ri //JJ nn ~-. /a ~" ?; ~ ~Q ~ r r.~. h ~. ~~1 ~' ,F i ; ~' 1 )~ i lit ! ~. im_ n /, ..~ ~'1 f'` • *** REGISTRATION FORM *** (FOR PERSONS WHO WISH TO ADDRESS THE COMMISSION) Date of Meeting ~p~ ~`(f ~~ Commission Agenda Item No. Name V LL Address ~~0 7 S ~. --~ ~ House No. Street Clty IF SPEAKING FOR AN ORGANIZATION, Name of Organization: And, Speaker's Official Capacity: ~~.i,~ SUBJECT ON WHICH PERSON WISHES TO SPEAK Please remember to step to the podium as soon as you are recognized by the chair; hand your completed registration form to the presiding officer and state your name and residence before beginning your presentation. If you have written notes you wish to present to the Commission, PLEASE FURNISH AN EXTRA COPY FOR COMMISSION fILE3. The Commission will appreciate each speaker limiting an address on any one Item to flue minutes. Thank you for your cooperation. • *** REGISTRATION FORM *** (FOR PERSONS WHO WISH TO ADDRESS THE COMMISSION) Oate of Meeting ~ '°r ~' Commission Agenda Item No, Name + ~~ Address ~ ~ ~ House No. reet City IF SPEAKING FOR AN ORGANIZATION, Name of Organization: And, Speaker's Official Capacity: SUBJECT ON WHICH PERSON WISHES TO SPEAK Please remember to step to the podium as soon as you are recognized by the chair; hand your completed registration form to the presiding officer and • state your name and residence before beginning your presentation. If you have written notes you wish to present to the Commission, PLEASE FURNISH AN EXTRA COPY FOR COMMISSION FILES. The Commission will appreciate each speaker limiting an address on any one Item to flue minutes. Thank you for your cooperation. • *** REGISTRATION FORM *** (FOR PERSONS WHO WISH TO ADDRESS THE COMMISSION) Date of Meeting ~{.! ~ n ~~ Commission Agenda Item No. Name ~~ . ~ ('f-Y, ~ ~~,~// 1/// " ~t Address ~ ~,(~('~ l~i~c~..r~~..,,~,,~~~' ~ , ~~ ' FTouse No. Street City IF SPEAKING FOR AN ORGANIZATION, Name of Organization: And, Speaker's Official Capacity: SUBJECT ON WHICH PERSON WISHES TO SPEAK Please remember to step to the podium as soon as you are recognized by the chair; hand your completed registration form to the presiding officer and • state your name and residence before beginning your presentation. If you have written notes you wish to present to the Commission, PLEASE FURNISH AN EXTRA COPY FOR COMMISSION FILES. The Commission will appreciate each speaker limiting an address on any one Item to five minutes. Thank you for your cooperation. • *** REGISTRATION FORM *** (FOR PERSONS WHO WISH TO ADDRESS THE COMMISSION) Date of Meeting /Q ~ ~ ~~ Commission Agenda Item No. O ~F ~ / Name F~~ ~ 1` F E ~ 1.. ~t~NIFi S Address ~ ~ <~ ~ ~ (/NSYVi tT I,s C ~ ~!a^.~ S'~e House No. Street City ' IF SPEAKING FOR AN ORGANIZATION, Name of Organization: And, Speaker's Official Capacity: SUBJECT ON WHICH PERSON WISHES TO SPEAK l On~ t'~IOvlst I rtS 4' It'~YiY?, Please remember to step to the podium as soon as you are recognized by the chair; hand your completed registration form to the presiding officer and • state your name and residence before beginning your presentation. If you have written notes you wish to present to the Commission, PLEASE FURNISH AN EXTRA COPY FOR COMMISSION FILES. The Commission will appreciate each speaker limiting an address on any one Item to five minutes. Thank you for your cooperation. *** REGISTRATION FORM *** (FOR PERSONS WHO WISH TO ADDRESS THE COMMISSION) Date of Meeting ~i2~ / (~ / Comnlsslon Agenda Item No. 7`f' ~o /L' ` i~ ( i Name ®/'ii9~-(,1 /~ C/ i h S ~«+ e s ps Address / ~d ~X /~/~ /y LrJi~~S1,c.G /~-~ House No. Street C(ty !F SPEAKING FOR AN ORGANIZATION, Name of/~Organization: ~CDccl ~ S rK f.+. is ,_L,v~C . And, Speaker's Official Ca city: /r ~/ ~~.~ ~~~r~~ SUBJECTt ON WHICH PERSON SHES TO SPEA 7 Y ~1 ~ i 'e.it_1 O Please remember to step to the podium as soon as you are recognized by the chair; hand your completed registration form to the presiding officer and state your name and residence before beginning your presentation. If you have written notes you wish to present to the Commission, PLEASE FURNISH AN EXTRA COPY FOR COMMISSION FILES. The Commission will appreciate each speaker limiting an address on any one Item to flue minutes. Thank you for your cooperation.