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HomeMy WebLinkAbout05/03/1984 - Minutes - Planning & Zoning CommissionMINUTES • CITY OF COLLEGE STATION, TEXAS Planning and Zoning Commission May 3, 1884 7:00 P.M. MEMBERS PRESENT: Chairman Hill, Members Kelly, Hansen, Martyn, Miller ~ Kaiser MEMBERS ABSENT: Member Bailey STAFF PRESENT: Director of Planning Mayo, Asst. Director of Planning Callaway, City Engineer Pullen, Zoning Official Kee, Asst. City Attorney Locke, Asst. Zoning Official Johnson, Planning Assistant Longley, Community Develop- ment Planner Stevens and Planning Technician Volk AGENDA ITEM N0. l: Approval of Minutes - meeting of April lg, 1g84 Mr. Martyn made a motion to approve the minutes; Miller seconded. Motion carried unani- mously (6-0). AGENDA ITEM N0. 2: Hear Visitors No one spoke. AGENDA ITEM N0. 3: 84-107:. A public hearin on the uestion of rezonin 1g.84 acres of land located on Hi hwa South, south of and adjacent to the Shenandoah Subdivision from Agriculture-0 en District A-0 to Planned Industrial District M-1 13.6g acres and Gen- eral Commercial pistrict C-l 6.20 acres Application is in the name of Carl W. ~ Elaine • W. Matthews. Mr. Callaway located the two tracts of land, explaining the proposed 6.2 C-1 area faces the proposed Hwy 6 Frontage Road, with the 13.6g acre tract (requested M-1) to the west with both tracts south of and adjacent to the proposed third phase of the Shenandoah Subdivision. He stated th at the area is reflected as low density residential on the City's Land Use Plan. He explained that the applicant had been using the land for both commercial and industrial uses prior to annexation, and that the uses can continue, but that expan- sion of those uses which are now non-conforming is limited, and could only take place with Zoning Board of Adjustment action. Mr. Callaway reminded the Commission that the exist- ing commercial zoning from the Barron Road area through the Shenandoah Subdivision had been stepped down from C-1 at the intersection to C-3, C-N and A-P through the existing Shenandoah Subdivision. He also reminded the Commission that a recent rezoning request had been reduced from a total of 88.24 acres to 52.16 acres of commercial zoning at the intersection of Green's Prairie Road and SH 6 to allow for a step-down from the south. Mr. Kelly asked what action the Zoning Board of Adjustment could take. Mr. Callaway ex- plained that if the applicant would apply for an expansion of a non-conforming use, the ZBA could allow him to expand up to 25i of the existing use, but that no such request has been received to date. The public hearing was opened. Carl W. Matthews, owner and applicant came forward, handed out a statement to each Commissioner which is included with these minutes and read the statement aloud, clarifying his plans as he read. He then requested approval of this rezoning request, reiterating that his plans had been made long before this property was annexed by the City, that his life savings had been invested in the project which is under- . way, and further, that the project had been started prior to the time it had been taken into the City without his consent. ~-~-- P~Z Minutes 5-3-84 page 2 No one else spoke. Public hearing was closed. Mr. Miller asked if this request is denied can the applicant continue as is, and Mr, Mayo replied that the applicant can continue, • and could also expand up to 25% with ZBA action. Mr. Miller asked if he understands correctly that the applicant can expand his existing operations up to 25o with ZBA action regardless of action taken by this Commission on this rezoning request. Mr. Mayo replied that Mr. Miller's understanding is correct. Mr. Martyn asked what would happen if this request is denied and the land is left as A-0 and Mr. Callaway replied that existing uses can continue but as long as the land remains zoned A-0, it must be developed as A-0. Mr. Hill asked if it is advisable for the City to establish some permanent zoning some- time and Mr. Callaway replied that the legal department has advised that when land is annexed into a city, it comes in as A-0, but that zoning is considered an interim classi- fication, and perms-Went zoning should be established. Mr, Callaway went on to explain the Commission has three choices regarding this request, and they are (1)to approve the requesfi; (2)to make an adjustment in the request, or (3)to deny the. request and leave this land zoned A-0, Mr. Hill replied that if this Commission were to recommend some type of zoning, it presumably would recommend a zone in compliance with the Land Use Plan, and clearly M-1 and C-l zoning at these location are not on the Land Use Plan which has been approved. and adopted. Mr. Miller commented that these tracts could have non-con- forming uses fora long time even if they were zoned C-3. Mr. Hill said that presumably the land should be zoned in compliance with the Land Use Plan and M-1 and C-1 zoning at this location is not on the Plan, Mr. Miller said this Board has been chastized in the past for recommending zoning of an existing project just north of this land, so probably the Commission should simply follow the plan.- Mr, Miller then asked staff if they had any alternative z©n'rng to recommend and Mr. Mayo replied staff is not ready to recommend any alternative zoning, but that Mr. Ca1iaway had discussed several different zoning districts with the applicant which would comply with the Plan; but reiterated that staff is not prepared to make any recommendation at this time, Mr. Hill said that perhaps under the circumstances, a committee should be appointed to study this area to make recommendations, and that now this request could be denied "with- out prejudice!' until that study could 6e finalized, Mr. Martyn asked if a Committee had already been appointed, but Mr. Hill replied that one had not. Mr. Hansen suggested that staff should do the study and report its recommendations. Mr. Martyn said that there is already a lot of C-fi zoning in that general area, and further that he is not against M-1 zoning, but that this would seem to be a bad location generally for M-1 zoning. Mr. Martyn then asked staff if it has the authority to upgrade this project should it be zoned M-1. Mr. Callaway replied that staff does not have that authority unless the applicant applies fora permit to expand the existing project. Mr, Kelly made a motion to approve this request with Mr. Hansen seconding. Mr. Miller said that he is against this motion and thinks that it's an attempt to approve a project which is already on the ground, and would consequently allow the applicant to expand to the point of having over 13 acres of M-1 development. He went on to ask the Commission why they had v©ted for the Comprehensive Plan. Mr, Kaiser said that he generally supports Mr, Miller's point, referred to a use this Commission had ratified in the past which is now considered an error, and went on to say that as long as thisproject can remain a non-conforming use, the zoning can be changed later. Mr. Hill said he is against this motion because of the Plan and the size and concept of this project, and that he would feel more comfortable with an A-P district, or one not so commercial in nature. Mr. Han- sen said that perhaps the applicant should keep his present use and then have step-down zoning which would be compatible with the residential area adjacent to the project. Mr. Martyn said that if this were approved, the area between this and the Shenandoah Sub- division would probably "go commercial" also, then from Barron Road to Green's Prairie • Road there would be commercial zoning with no break, which is clearly against the Compre- hensive Plan, Mr, Kelly said this would not be the first time we have not followed the P&Z Minutes 5-3-84 page 3 Plan. Votes were cast. The motion failed 2-4 (Kelly ~ Hansen for). • Mr. Kaiser made a motion to deny the request with Mr. Martyn seconding. Mr. Kaiser explained that he is concerned about the way the area has been developing with "creeping commercial", and if this request were ratified, the Commission would remove some of its opportunity to plan development of the newly annexed area, then pointed out again that if this request is denied, the applicant can still continue to use his project, and even expand it up to 25i with ZBA approval. Mr. Miller asked Mr. Kaiser to withdraw his motion so he could offer a substitute motion which might have a better chance to pass, and one which would offer zoning which is more in compliance with the Plan, but Mr. Kaiser re- fused. Mr, Hansen agreed with Mr. Miller that this Commission should have alternate zoning to recommend, Mr, Kaiser reminded the Commissioners of a recent request by an applicant for the Commission not to choose a zone without study, and that he agrees with that request because when this Commission recommends a zoning district other than that which has been requested, the applicant has no opportunity to react. The question was called, and the motion to deny the request failed by a vote of 2-4 with Mr. Kaiser and Mr. Martyn voting for the motion. Mr. Miller then made a motion to recommend rezoning of 6.20 acres to A-P Administrative- Professional and 13.69 acres to R-1 Single Family Residential, which would make it in compliance with the adjacent land. Mr. Hansen asked how that would affect the applicant's plan, and staff explained that the applicant can continue using his land the way he has in the past, but can expand it only up to 25i with ZBA action. Mr, Martyn seconded this mottor~. Mr. Miller seconded this motion. Mr. Miller explained that this motion makes the zoning of this land in compliance with the zoning of the adjacent land, which seems to be a logical choice. Mr. Kaiser said he is against this motion because this area is • similar to that along the East i3ypass in that a certain amount of pressure is being exerted to zone for projects, and he believes that to offer alternate zoning without a thorough study of the area is a bad idea. Staff was asked how many land owners there are for the land adjacent to this, but could not answer without researching the question. Mr. Kelly asked Mr. Callaway if staff offered the applicant any other zoning to which Mr. Callaway replied that he had discussed what zoning the applicant's uses could go into. Mr. Kelly said that even if the land was zoned A-P ~ R-1, the uses the applicant has will still be non-conforming, which will restrict the applicant's use of his property. Mr, Hansen asked the applicant to clarify exactly the size and number of existing build- ings and Mr. Matthews came forward to explain, adding that he has plans to build another building when the existing building is filled. Mr. Kaiser asked Mr. Matthews to explain the map he handed to the Commissioners, and he did. Mr. Miller said that he still believes this motion would be a reaction to a piecemeal situation. Mr. Martyn said it is not piecemeal, but that the Comprehensive Plan has been set and he and Mr. Miller are trying to adhere to it. He added that studies take time, and he does not know if the City has the time necessary for that. Mr, Hill said that A-P zoning might be a suitable compro- mise, and would offer the highest and best use of the land, which also provides a certain amount of buffering, and hopefully, the land to the south will be residential. He then said that even A-P zoning here would be similar to strip commercial zoning, but it would at least represent somewhat of a compromise. Mr. Kaiser asked the applicant if he had a comment to make to the Commission, and Mr. Matthews came forward again and said this action is not right; that he was doing this before he got annexed; that he did not ask to be annexed.; that. this is wrong and does not represent justice. He went on to explain that he had his sign up on the road for 12 years announcing what he planned to do, and he had understood that whatever use he had at the time of annexation could continue. Mr. • Hill explained that part is true. Mr. Matthews continued saying he had plans for expansion and this action would limit that expansion and his livelihood ,as well. Mr. Hill explained P&Z Minutes 5-3-84 page 4 that this discussion is not just aimed at Mr. Matthews, but that many people have found • themselves in this. very same position. Mr, Matthews responded by saying that he should never have been annexed if this was going to happen. Mr, Hill explained further that this Commission only has the Comprehensive Plan to use as a guide, and he must try to understand that. Mr. Kaiser asked Mr. Matthews if he would prefer tabling of this request but Mr. Matthews said that he came here thinking it would be approved. Mr. Mayo explained to Mr. Matthews that this Commission makes a recommendation to the City Council, but Council makes the final decision. Ne further explained that he (Mr. Matthews) can continue to use the land as he has been using it, Votes were cast with the motion to recommend A-P and R-i zoning failing by a tie vote of 3-3 (Kelly, Hansen ~ Kaiser against), Mr, Kaiser then made a motion to recommend denial of this request with Mr. Miller second- ing. Mr. Martyn explained that this request will go to the City Council with this recom- mendation, but that the Council will actually make the final decision as to how this land is to be zoned. Votes were case with the motion to recommend denial carrying 4-2 (Kelly and Hansen against). AGENDA ITEM N0, 4: 84-705: A public hearin on the question of ranting a Conditional Use Permit for establishin a church to be located on Krenek Ta Road a px. 209 feet west of the intersection of Krenek Tap Road ~ the SH Bypass Fronta a Road. Application is in the name of Beautiful Savior Lutheran Church. • Mr. Callaway explained that this request is for a Conditional Use Permit only, and the site plan is not being considered tonight, but the Commissioners have been provided a possible site plan for review. He then explained the uses in the area which include Central Park to the south, across Krenek Tap Road along with predominately vacant land which is zoned R-1 Single Family Residential. He informed the Commission that if this Conditional Use Permit is granted tonight, a more detailed site plan must be returned to the Commission for approval according to ordinance regulations. Mr. Hill asked if this land is the same tract which had been considered for a fraternity house and Mr. Callaway repined that it is. The public hearing was opened. Pastor Loren Fritz came forward asking for approval of this request and indicated that he understands that the site plan is not being considered tonight, but will have to come before this Commission at a later date He explained that his church is asking for this permit before finalizing the pur- chase of this property, although the title has already been sent to the church headquarters and is awaiting the outcome of this night's meeting. Mr. Kaiser asked exactly what kind of papers have been sent, and Mr. Fritz indicated that he is unsure, but that they have gone through title insurance, He then assured the Commission that houses will not be built on this property, and they only want a church to be located there. Mr. Hill asked Mr. Fritz if he is aware that this is Single Family Residentially zoned and therefore the site must be developed with screening, etc „ so it will comply with residential zoning. Mr. Fritz said that he is aware of that and that the church likes the existing R-1 zoning. Mr, Kaiser asked if this possible plan reflects that a school will be included and Mr. Fritz said that it does, and would be a Christian school primarily used by church members, and is done nationwide by the Church, Mr. Hill asked if both a dayschool and a church are being considered tonight. Mr. Callaway said that the applicant has been advised that any other uses should be reflected on the documents, and further that the application is for a "church and school". Mr. Kaiser asked Mr. Fritz if both a church and a school would • be included on the site and Mr. Fritz replied that the plan would include both. P&Z Minutes 5-3-84 page 5 U I 1 No one else spoke. The public hearing was closed. Mr. Kelly made a motion to approve this Conditional Use Permit fora church and school with Mr. Miller seconding. Mr. Hill offered a note of caution that he has no problem with a certain kind of school but that traffic patterns,size of the school, and other unknown factors bother him. Mr. Martyn asked if the school would be a preschool daycare school and Mr. Fritz replied that the school would be Kindergarten through 6th or 8th grade, but that the Church does not re- cruit outside the congregation. Mr. Martyn asked the approximate square footage but Mr. Fritz replied that is not known at this time. Mr. Martyn said he would prefer some kind of information regarding this church and school. Mr. Callaway advised the Commis- sion that the motion could be amended to address any concerns regarding perhaps the Huber of children or other things of this nature. Mr. Fritz replied to Mr. Kaiser's question regarding the possible number of children that his church has schools for 10 to 12 to 100 children here in Texas, with 4 or 5 classrooms, but that in the north, the schools are much larger. Mr, Kaiser asked if Krenek Tap Road will be expanded and was informed that it would be widened and become a collector road. Mr. Kaiser said he is still concerned about the possible noise and traffic, as he had been when the fraternity was here for rezoning, becaase now they have no idea what size complex they are looking at. Mr. Hill pointed out that even daycare centers for only 8 children have been a prob- lem in the past. Mr. Kelly said the site plan can restrict the size of the school. Mr. Hill said he is not sure that is a correct statement, but Mr. Mayo pointed out that a site plan will have to come back before this Commission as a revision to a permit, and the size can be restricted at that time, Mr, Martyn said he wanted to make sure the minutes reflect Mr, Mayo's statement, because the applicant must be aware of possible size constraints at the time of site plan approval. Votes were cast, with the motion to approve the request for Conditional Use Permit passing by a vote of 5-1 (Kaiser against). A nr\tAA ITRII \1I\ r nl. ~~/ . ~. a • ~ • _ _ _ _ _ children meeting area at the church's existing location at O1 Dominik Drive. Application rs in the name of Church in College Station. Mr. Callaway located the site, explained the request and stated staff recommends approval wifih P.R.C. conditions. Mr. Miller said the gallon size of the shrubs is not indicated on the site plan. Mr. Mayo pointed out that the P.R.C. report requires 5 gallon size shrubs. Mr. Miller said that the legal advisor has stated that all conditions must be on the site plan. Mr. Kaiser asked if time limits are ever put on Conditional Use Permits and Mr. Mayo replied that in the past a time limit has sometimes been set. Mr. Kaiser asked if any time limit had been discussed regarding this portable building, to which Mr. Mayo replied that it had not been discussed, and the P.R.C. would consider it permanent. The public hearing was opened. Douglas Stovall, a member of the congregation of this church.,, came forward stating the church facility is existing, but there is currently no facility for the approximately 20 children to have meetings. Therefore, there is a need for a facility, but the church cannot afford a permanent structure, so has decided to use this temporary, portable building which he described. He asked the Commission to please approve this Conditional Use Permit because the facility is needed. No one else spoke. Public hearing was closed. Mr. Martyn asked if the site plan meets the new landscaping ordinance, and Mr. Miller pointed out that they are only adding shrubbery, as there are existing trees on the site. Mr. Hansen said he believes the site needs a sidewalk of some kind between buildings. Mr. Mayo said the P.R.C, had. been informed by the applicants that they plan to use step- ping stones now between buildings, with a walkway to be added in the future. The appli- cant concurred. PAZ Minutes 5-3-84 page 6 Mr. Miller made a motion to approve this Conditional Use Permit with the P.R.C. conditions, including the addition of a note to the site plan regarding the 5 gallon shrubs. Mr. • Martyn seconded. Motion carried unanimously (6-0). AGENDA ITEM N0. 6: 84-~07: A ublic hearing on the uestion of rantin a Conditional Use Permit for a church to be located on Rock Prairie Road appx. 1000 feet east of SH . Application is in the name of Gordon Knight, Pastor, Rock Prairie Baptist Church. Mr. Callaway explained that this request is for an expansion to an existing church, he explained area uses, stating that the existing church was used prior to and since annexa- tion, and the use permit is for the expansion. He stated the revised site plan meets the P.R.C, conditions, and staff recommends approval with P.R.C. report conditions. Mr. Mayo added that all conditions on that report have been satisfied on the revised plan, or are in the process of being satisfied. Mr. Miller stated that he had been the representative at the P.R.C. review, and that he and staff had mentioned at the meeting that there are many trees on the site which may not live, and wanted the applicant to be aware that any that die must be replaced with the same number of points, Mr, Martyn referred to a note regarding barricading of the existing trees which are to be counted, but Mr. Miller asked him how this barricading will be done. Mr. Martyn pointed out that this is the problem of the applicant. The public hearing was opened. Gordon Knight, Pastor of the church, came forward to expalin that the reason for this expansion is due to growth needs, and requested that the Commission approve this Permit and site plan. Mr. Martyn asked if there is a school planned on this site, and Mr. Knight answered there are no plans fora school, but rather a Sunday school, and pointed out this is only an addition, and that there are no plans for razing any existing structures, then went on to state that the Church is aware of landscaping requirements. • Mary Arnold McCulloch came forward, stating she is a representative for the Adam Royder Family Descendents stating they, are concerned with the plans to alter and change the existing building on this site which was built in 1891, She then read from a deed which dedicated the land/building to the Wellborn School Trustees, which is now defunct. She explained that the school was built with lumber from Wellborn and was the only anglo one-room schoolhouse/church in the area. She stated the Rock Prairie Baptist Church owns the adjoining property, and understands that the new building will be joined to the exist- ing building and the interior of the existing building will be changed. She stated that an official Texas Historical Marker has been requested for this site, the papers are now being processed, and she has been informed by a Mrs. Milton Nance that there is a possi- bility that this marker will be awarded. She then asked that this Commission please deny or table this request until a determination can be made regarding ownership of this land, as she has been unable to find anywhere a statement that the Rock Prairie Church owns this site. She went on to explain that it would be an asset to the City of College Station to have this marker, as it has none now, Mr. Hill asked Mrs. McCulloch to come #orward to clarify exactly what buildings she refers to on the site plan and she explained that she has no concerns with any of the new build- ings, buff only wants to make sure the existing building is not altered in any way, so she does not want this connection made. Mr. Knight came forward to say that the church is asking for a permit only for this expansion, and whether or not the church owns the land is of no concern to this Commission. Mr. Hill asked Mr. Knight if any other members had any concerns regarding joining the existing building to the new building, and Mr. Knight answered that the vote was unanimous to do the plans and to use the existing building, also making a connection between the buildings by enlarging the existing window to become • the entrance to the existing building, also to divide the interior of the existing building into classrooms. Mr. Hill asked what the construction of the new building would be and Mr. Knight answered that it would be wood with the same trim as the existing building. P&Z Minutes 5-3-84 page 7 Public hearing was closed as on one else spoke. Assistant City Attorney Locke was asked to come forward; Mr. Hilt then asked her if there would be a problem with approval of this • Use Permit when there is a question of clear title. Mrs. Locke answered there is no prob- lem with consideration of a use, but the City does not consider a titleholder on a property. Mr. Hill asked to what extent this commission is allowed to consider preservation of historical interests and Mrs. Locke answered the PAZ Commission is restricted to only what ordinance allows. Mr. Hi11 asked if the Commission can deny a request on the grounds of endangering another structure of possible historical significance. Mrs. Locke answered that tonight we only have the word of Mrs. McCulloch, and it is not possible for this Commission to consider her request because the building in question does not have any official status yet. Mr. Kaiser said that in the zoning ordinance, one of the considera- tions to be made is "that the proposed use will not be detrimental to -the health, welfare and safety of the surrounding neighborhood or its occupants, nor be substantially or per- manently injurious to neighboring property," and if it is ruled that this is an historical building, the proposed attachment might cause permanent injury. Mrs. Locke again stated that ownership is not involved, that the ordinance does not lend itself to this type of consideration. Mr. Miller asked what if the use permit is granted and approval given only to the new building, but not to the connection. Mr, Hansen said-the applicant might want to redraw the plans if this were to happen. Mr. Martyn asked why this cannot wait, that the church has been there for years and another month should not hurt anything. Mr. Mayo said that just because this building might be designated "historical site" in Texas, that does not mean you cannot do anything to it. Mrs, Locke said an historical designation will not affect this application, Mr. Hill said he would like to see a more definitive answer to the question of "can this Commission take into account something which might have historical significance regarding the site plan?". Mr. Miller made a motion to approve this Conditional Use Permit request and to deny the • site plan. Mr, Hansen seconded the motion. Mr, Hiil said he thinks the Commission needs legal justification from the legal department at the next meeting. Mrs. Locke said that she does not anticipate any problems with preparing a memo for the Commission. Mr. Kaiser asked to hear from the applicant, who then came forward. Mr. Knight said the church has retained legal counsel regarding ownership and the use of the property. Mr. Hill stated that ownership of the property is not being considered. He then explained that this Commission can deny a site plan for a number of conditions regarding the safety, welfare, etc., and explained further that this Commission has asked the Assistant City Attorney to clarify whether the PAZ can take into account the possible historical significant factor which, has arisen tonight, Mr, Knight said that this is not an historical site now. Mr. Miller pointed out that he would not be a Commissioner at the next meeting, but wanted everyone to know that he will be looking for the trees which are shown on the site plan. Mr. Knight asked this Commission to please approve the site plan without the connection to the existing building, so construction can begin. After general discussion, Mr. Miller withdrew his motion and Mr. Hansen withdrew his second. Mr. Hill asked if this Commission could cross out a portion of a structure. Mr. Pullen suggested that the Chairman ask the applicant why there was such a rush. Mr. Knight came forward again to explain that the church has an opportunity to get help with the building of the new facility from retired men, and it must take place in July, and further that he would rather have approval of the new addition only without the connection than to have the entire site plan tabled. Mr. Kelly asked Mrs. McCulloch if this would be suitable to her, and she answered that it would be acceptable, except that the auditorium of the existing building nor the original furniture in it should also not be changed. • Mr. Kelly said this Commission could table this request until all legalities are worked out or the Commission could approve only the new part and postpone any changes or reno- vations to the Interior or exterior of the existing structure. Mr. Knight said this P&Z Minutes 5-3-84 page 8 type of approval would cause problems with the time limits they are working under. Mr. Hill said there are 3 alternatives: (1)approve the site plan, (2)defer ruling on the site • plan but not because of ownership of the .land, or (3)approve the site plan with the deletion of the connection section between the new and existing building. Mr. Martyn said the applicant reported plans to renovate the interior of the existing building, and approval without only the connection would not help this situation. Mr. Hansen said this would enable the congregation to get started on the new structure. Mr. Mayo suggested the Commission approve the Conditional Use Permit and the site plan as shown and leave the legalities to someone else. Mr. Hill said the question is, does the ordi- nance allow the PAZ to vote against something because of possible historical signifi- cance. Mr. Mayo said that ordinance does not have any reference to historical signifi- cance. Mr. Hill stated again he wants a clear legal opinion regarding this and as a chairman now, and a citizen also, he would have some concerns with changing something which has historical interest. Mr. Hansen made a motion to approve this request for a Conditional Use Permit only. Mr. Kelly seconded the motion. Motion carried unanimously (6-0). m Mr. Martyn then made a motion to deny the site plan as submitted. This motion died for lack of a second. Mr. Kelly then made a motion to table the site plan. Mr. Kaiser seconded the motion. Mr. Hill asked If everyone is aware that the next meeting is May 17th, and the church has indicated this delay will cause hardship. Mr. Martyn said they should either approve this one or one with slight modifications. Mr. Mayo pointed out that at the next meet- ing, the Commission will have changing members, Mr. Miller said that the applicant is responsifjle for the plan as shown regarding landscaping. • Votes were cast on the motion to table the site plan and carried 4-2 with Hansen ~ Miller agiinst. AGENDA ITEM NQ, 7: 84-70$: A ubiic hearing on the uestion of rantin a Conditional Use Permit for establishing a church on Lots 3 10 ~ 11 Block 2 McCullock Addition Subdivision located between Arizona ~ Phoenix Streets Application is in the name of Christ Holy Missionary Baptist Church. Mr. Callaway explained that this request and site plan are virtually the same as the one this Commission denied approximately one year ago, also stating that the P.R.C. require- ments have all been met, but pointed out that although Conditional Uses of this type are considered appropriate in residential, or any zoning districts if the Commission considers all requirements have been met, previous Commission concerns with this site plan/use permit have still not been addressed, those being the lack of on-site circulation and the neigh- borhood street conditions and how .through traffic might be affected should there be over- flow, off-site. parking. The staff report in the packet addresses street capacity, and reports that "any on-street parking would not allow for the required 20 ft. pavement for passage of emergency vehicles." Mr. Hill asked if this was in the P.R.C. report. Mr. Callaway replied that it is in the staff report, but not in the P.R.C. report. Mr. Martyn asked if there had been any changes from a year ago, to which Mr. Callaway replied there had not. The public hearing was opened, Tyree Thomas, a nearby property owner came forward to speak in opposition saying the streets are currently very tight and spoke of other churches in the neighborhood and the overflow parking which is already occuring. He referred to a possible safety hazard to older people • in the neighborhood due to crowded streets. Mr. Kelly asked Mr. Thomas if he ever parks on the street and Mr. Thomas answer! that sometimes it becomes necessary. Mr. Kelly replied that Mr. Thomas is then also contributing to a problem, as do other families in the area. .~------ P&Z Minutes 5-3-84 page 9 Willie Strout, a deacon of the church came forward and stated that this church in the neighborhood will only benefit the neighborhood and will not hurt anyone. Mr. Miller • asked Mr. Strout where he lives and he replied that he lives on Richards Street. Tommy Browder, 1212 Carolina, came forward and stated that the people who are objecting to the church do not live in this neighborhood, but have moved away. Mr. Thomas came back up and said that although he does not live in the neighborhood any longer, he does still own property there, and some of his family still lives there, and that he simply does not think the proposed site far the church is suitable, Willie Pharms came forward, stated she lives close to 2 different churches and there does not seem to be a problem with parking there, and she is in favor of this church. No one else spoke. The public hearing was closed. Mr. Hill asked Mr. Callaway what percentage of property owners live in the houses and how many are rentals, and after checking, Mr. Callaway reported that l2 of the 29 notices were sent outside of the immediate neighbor- hood. Mr. Marlyn said that in the past the Commission was not concerned about placing a church. in this residential area, but had been concerned with safety factors due to added traffic and on-street parking at this particular location, and this has not changed. He stated also that in the past the meetings were to be scheduled more than one time a week, and this also, has not changed, and if the Commission had been concerned about these things a year ago, it should still be concerned about them tonight. Bonnie Downs, architect for the proposed project came forward to address what had been done to change the site plan, and reported that some things had not been changed due to drainage problems in that area. Mr. Martyn made a motion to deny thi Conditional Use Permit and site plan. Mr. Kaiser • seconded the motion. Mr. Martyn said he was making this motion because of the same rea- sons as last year, anal no significant changes had occurred in the neighborhood since that time. Mr. Kaiser added that staff had pointed out the potential problem with getting emergency vehicles through should on-street parking occur, therefore creating a possible harm to the health, safety and welfare of the neighborhood. Votes were cast with the motion to deny carrying unanimously (6-0). AGENDA ITEM N0. 8: 84-709: A ublic hear'rn on the uestion of ranting a Conditional Use Permit for municipal facilities office space at 1200 Foster. App lication is in the name of-the City of College Station, Mr, Callaway located the facility, explained area uses and stated the parking would take place on the adjacent city parking lot. He further stated that access to the building would be to the rear of the structure via a sidewalk from the parking lot to that door. He added that the street could~be "signed" should on-street parking become a problem. The public hearing was opened. No one spoke. The public hearing was closed. Mr. Hill referred to other City facilities and specifically the mess behind the Police Station, and wondered how citizens would know the City will do what they say they will do. Mr. Mayp said that because of the use of this particular facility, staff has more control over tt. Mr. Miller said that the certificate of occupancy could be withheld until everything on the site plan is complete, Mr, Kelly made a motion to approve this Conditional Use Permit/site plan with Mr, Martyn seconding. Motion carried unanimously (6-0). Mr. Hill then complimented the City and staff on the improvements which have been made, and are in the process of being made at this facility. • AGENDA ITEM N0, g: Preliminary Plat - Southwood Valley Section 24 (Revised) Mr, Mayo explained the plat, stating all recommendations of the Presubmission Conference PAZ Minutes 5-3-84 page 10 have been met and staff recommends approval as shown. Mr. Miller made a motion to approve this plat with Mr. Kaiser seconding. Motion carried unanimously (6-0). • AGENDA ITEM N0. 10: Other Business Mr. Kaiser thanked the Chairman and other retiring Commissioners for furthering his educat-ion during the past year. Mr. Miller requested .that he as a citizen, be appointed to serve on the Committee studying the East Bypass since he has been rn the committee as a Commissioner and would like to see this study through. Mr. Hill agreed, and so ordered. Mr. Kelly made a motion to adjourn with Mr. Miller seconding. Motion carried unanimously (6-0) . APPROVED: -hen risen, Chairman ATTEST: • Dean Jones, City Secretary • ~~~ STATEMENT TO: Planning & Zoning Commission, Co~lege Station i~u.~~: s ~-=--lt~ i ' Mr. Chairman, Members of the Commission. My Name is Carl W'. Matl.liews ai-d I realcic on the subject property. i My wife and I purchased this property in 1981 and early 1982 and constructed two buildings in 1982. One was a 1200 sf office building. The other was a 7500 sf _ structure used to manufacture steel trusses and to house other materials and components related to the steel building business which we own and operate. Plans were formulated as early as 1981 to develop this property, into commercial and industrial uses and the enclosed plat was drawn. Signs iaere installed, clearly identified from Hiway 6, as early as February 1983 offering the property for lease for commercial and industrial use. A larger sign was erected in June 1983 identifying the property as "MATTHEWS SQUARE" and offering space for offices, resturants, food stores, furniture, drugs store, etc. A third building was begun in the early summer of 19.83., This,s.tructure was designed as a furniture store ,and contains 3950 sf on the first floor, 1250 on the second floor for a_total of 5000 sf. A fourth building, an 840 sf model residence shell, was erected in the summer of 1983 on a temporary foundation. This residence shell, which we retail to the public, was erected adjacent to Hiway 6 and on a site identified by the Texas Hiway Dept. as a future access road for-Hiway 6. Plans are to relocate this structure at some future date to a site adjacent to the 5000 sf building.. Discussions began in the ..Spring of 1983 with a number of firms with regard to the leasing of commercial and industrial space. A lease ~nras consumated this week with. a Houston firm for 7000 sf of warehouse space and 500 sf of office space. Serious negotiations are currently underway regarding the construction and lease of two additional buildings, one 5000 sf and the other, 8,000. "" .. My wife and I are aware that a residential development adjoins our property on two sides. Some of the platted lots of that development come to within 40' of our large building which has been utilized for the manufacturing of steel trusses since. January 1983. T wish to point out.. that we were manufacturing steel trusses long before the development ~s purchased or platted or zoned. Our plans to develop this property into commercial and industrial uses were made long before the property was annexed by"the City of College Station. Those plans are evidenced by the 15,000 sf of buildings already erected, by signs on Hiway 6, by a $20,000. graveled-road, by steel fencing and ~ large roll gate, by a sewer. plant (.installed at .substantial expense because we had no idea of. being annexed), and by a large graveled materials handling yard. My wife and T have ,.invested our .life savings in this project. We have planned long and we have worked hard. More than that...we were here first. ~CIe~ thax'e~o~e~ ~e~ect£ul.ly ree~ues. t that this application be approved. Carl ai. & Elaine K. Matthews MATTHEWS SQUARE P.O. Box 10137 College Station, TX 77840 (409) '696 9702 is i• North - to College Station A m 3 ti 0 n rn A F 2 FRONTAGE ROAD - HIGHWAY 6 v~ ' . P~ h~ MINI A Ihae~<er 4oxeo 32ooaa ~~ v 4Q h N ~~ 4Q h ~~ G~ C~ ti~ ~y yak ~~ Q~ yQ ryo ~h PG 5a ~y ~~ yQ~ ~ry e~ L/ppo S F 260o SF ~~ O~ 1 POND f~~. ° ~°°'~ -MA1TU~'W5~ ~ S OUA R ~~I \ pRUCr SHUE-5 µARDWPKE FURN ~ru~tL M PJ~'S LA Dies APPl1aNCE. ELEGZ'(~oHi~.S ~ 1 ~, c ~----- 9l0o sF r~ ~ f 540o s F pAD L , , 8~foosF tOAD ~ 0: a W O ~Iooo sF t.oA~ 3 0 54~ae sc LG11D PLANNING AND ZONING COMMISSION GUEST REGISTER DATE ~/~Y ~~ ~~o NAME 1 ~ ADDRESS '^ ' Ir f , r, 2. !~ 3 • ~iy'~- :~' ~1 ~`~ ~^.- ~ ~ i ~ ~~ ~--.a-~-~-ice' ~.-I ~-~~~ ~.~-, ~ 4. c'j'y1 Y~" ~,. ~ c~ , 5. ~ 1 6. 7. 8. 9• to. 12. 13- 14. t5. 16: ~ Si' 3 "1 ,,.-+ `ti ' ~- l~ ~,~.~,c-e~L. ~~~%~ a~ ~ 9-b ~S ;~ .f 1 I ~ ~'" (k ~ ~2d.~ ~ S I ~©~ ~hp~%~ ~~, L'~~ . 1.0,3 ~P~ o e ~i ,' ~/ ~~ ,C. S ~'~eC11~7 C'S 77~~0 /3 y C ~T~~~~ ~ z u ~ 1 ~` ;\ 17. t~. )~.< < .z.:y. ~ 1: r~. lg. 20. 21. 22. 23• 24. 25. 18 . W L ~ G'`cr, 971-1st--~1 Gt,~°' L } c~ c~ L' *** REGISTRATION FORM *** (FOR PERSONS WHO WISH TO ADDRESS T/HE~hCOMMISSION) Date of Meeting ~~'~( ; ~~ Commission Agenda Item No. ~-1 ~ d Name ~ ~•-2 L ~-c/ . !i1'~ ~'T (7~1s f_ufS Address ~T~D`. y't~ ~J7 L5 ~ /~ ~~(~ House No. Street Clty IF SPEAKING FOR AN ORGANIZATION, Name of Organization: ~I~ And, Speakers 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 WFIO WISH TO ADDRESS THE COMMISSION) Date of Meeting ~ qh .~ f S~f Commission Agenda Item No. ~4 - `70$ Name !~ 0 V' C (^ +~ Y 1 1 Z Address /aog ~Qv,~ihl ~. Co~~Cq S~;w. House No. Street Clty IF SPEAKING FOR AN ORGANIZATION, Name of Organization: r~~~w~- lkl S~~,J~ ~~~~~w~, And, Speaker's Official C1apacity: ~C. ~ (a ~ SUBJECT/'ON WHILIH PERSON WIS/H~ES TO SPEAK t )~ ;~ l]~^c.V.~1n< U7 C>„~1~/-lri.~ ~ISL (/CVN'1it 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 beginn)ng 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 ~ ~ 3 ~ 0 Comm ss Ion Agenda I tem No. I~ N ~ -7~ Name D~us.l~s L. S-~m~~ ll Address ~O ~ ~Oh~.~vii !~- ~'o Ilene Sta-I~,~O~. • House No. Street C ty IF SPEAKING FOR AN ORGANIZATION, Name of Organization: And, Speakers Official Capacity: Me~.~..~ e~ Cot `~ur~~... e SUBJECT ON WHICH PERSON WISHES TO SPEAK ~m ~'' ~h /Jd r r0 y ~- ' 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 Comnlsslon 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 ~~''~~T~' Commission Agenda Item No. ~~ ~~ Name ~/~~ ~~`^ li"~' ~J ~ (~'7',~ Address ~C.' ; '~' y a 7/ __)n'L~ i House No. Street City IF SPEAKING FOR AN ORGANIZATION, Name of Organization: And, Speaker's Offlclal~Capa~ci~ty:- k' Z,'~i"'~ti .. 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 Deglnning 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. CJ *** REGISTRATION FORM *** (FOR PERSONS WHO WISH TO ADDRESS THE COMMISSION) l~ u Name Addre 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. • Date of Meeting __~Jl~if/y Commission Agenda Item No. "'~'(~'~~ '~ ~~ *** REGISTRATION FORM *** (FOR PERSONS WHO WISH TO ADDRESS THE COMMISSION) Date of Meeting s~ ~- Commission Agenda Item No. (~ ~ ~ ~~ Name / ~ ~ ~'LE~I"~~Z~ r Address ~ C ~ ~",e~ ~N'~ ~~~C ! ~~- S ~ © y House No. Street ~., Clty .~ b Z ~~1~-Tip ~2 i ~sav 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)9 Date of Meeting ~~ • IF SPEAKING FOR AN ORGANIZATION, Name of Organization: ~ ~ ) ~ And, f 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. • Commission Agenda Item No. *** REGISTRATION FORM *** (FOR PERSONS WHO WISH TO ADDRESS THE COMMISSION) Date of Meeting ~/-3/~J" Commission Agenda Item No. t / Name Address 3 House No. [reef Cit IF SPEAKING FOR AN ORGANIZATION, /~,~ Name of Organization: r d /(dJl~ ( I"' ~ And, Speakers 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 Degtnntng 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.