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HomeMy WebLinkAbout11/15/1984 - Minutes - Planning & Zoning CommissionMINUTES CITY QF COLLEGE. STATION, TEXAS • Planning and Zoning Commission November 15, 1984 7:00 P.M. MEMBERS PRESENT: .All present (P1r. Kaiser late) STAFF PRESENT: Assistant Director of Planning Callaway, City Engineer Pullen, Assistant Zoning Official Johnson ~ Planning Technician Volk AGENDA ITEM N0. 1: Approval of Minutes - meeting of November 1, 1984 Mrs. Stallings made a motion to approve the minutes with Mr. MacGilvray seconding. Motion carried 6-0-1 (Kaiser abstained) AGENDA ITEM N0. 2: Hear Visitors No one spoke. AGENDA ITEM N0. 3: 84-126: A public hearing on the uestion of rezonin a 2.53 acre tract of land located on the east side of Wellborn Road FM2154 approximately 200 feet north of the intersection of Southwest Parkway and Wellborn Road from Single Family Resi- dential District R-1 to General Commercial District C-1. Application is in the name of Ron Cruse, Trustee. Mr. Callaway located the tract, pointed out current area zoning and advised that this tract is now occupied by a vacant residential dwelling. He stated that staff cannot recommend C-1 zoning at this location for several reasons, one of which is that the tract is adja- cent to an established residential area and no provision has been offered for a buffer. He added that there is a C-1/R-1 conflict in the adjacent area to the west of this tract, and if this tract would be rezoned, the area of conflict would be increased by approxi- mately 27%. He went on to inform the Commission that the commercial development poli- cies included in the City's plan recommend a minimum of 400 feet in depth for commercial zoning and this tract has only 302 feet of depth off of Wellborn Road. He did point out that the existing commercial zoning behind this tract provides additional depth of commercial zoning, however there has been no provision offered with this request to provide for any type of joint development with that adjacent area. Another reason the staff cannot recommend approval of this request is that the tract is currently zoned for single family residential development. He summarized by stating that if this tract is rezoned to C-1 or any other commercial district, staff recommends that rezoning be conditioned on the approval of a plat which would provide for joint devel- opment with the adjacent C-1 tract to the south. He added that A-P zoning would be more compatible with the residential area to the north. Discussion followed concerning the possibility of C-3 zoning and C-N zoning, as well as a brief background of the C-1 zoning in the area, size of various tracts and other area zoning. Mr. Kaiser pointed out that staff is practically proposing "contingent zoning" and Mr. Callaway stated that rezonings have been approved in the recent past which were contingent upon something else being done, and have usually addressed the size of tracts. Mr. Martyn asked if it would be possible to withhold this request from the Council until a resubdivision plat is done and Mr. Callaway replied that it is possible, but staff • would not advise Commission to do that, and further pointed out that the Council has PAZ Minutes 11-15-84 page 2 acted,upon staff's recommendation, to withhold rezoning of a particular tract until re- platting takes place in the past. Mr. Kaiser again said that approving a land use which • is contingent upon another event bothers him. The public hearing was opened. Dub Brackeen, 2518 Cross Timbers, College Station, came forward tp state that he is representing the applicant, Ron Cruse, and the owners of the tract, Mrs. Hewitt and Mrs. Walkers. He stated that they have this tract and the tract to the south on contract, contingent upon the current owner to the south bringing in a final plat, as well as information concerning availability of sewers in the area. He added that after that is received, they have a plan to replat this and the tract to the south together, and if the Commission were to hold up this request now, it might nullify the sale because the contracts are not for the same length of time. He added that a conditional approval (with a replat) causes no problem. Mr. MacGilvray asked for clarification regarding the phrase "under contract to", asking if one person is buying from 2 people to replat and then sell to one. Mr. Brackeen replied in the affirmative, adding that the buyer needs a curb cut off Wellborn Road, and they (the applicants) would request a conditional approval of this request, contingent upon combination of the two properties. Mr. MacGilvray asked why this was not clear in the application, and P1r. Brackeen stated it was not included because this application only pertains to this tract alone. Mr. MacGilvray asked if this joint development had been discussed with staff, and Mr. Brackeen replied that he believed he had discussed it, but probably that discussion had been made with Mr. Callaway after the application had been made. Mr. Callaway interjected that staff was aware of contracts on both tracts when its recommendation was made, but that same recommendation probably would have been made even had staff not known about them. • A. G. Searcy, i06 Southland, came forward and asked what would be developed on this tract. Mr. Hansen replied that the Commission is trying to determine possible uses tonight. Mr. Martyn explained that the request is for C-1 zoning, which is primarily retail sales. Mr. Searcy then said that a shopping center would be all right with him, but he did not want a bunch of apartments going up there. Mr. Kaiser asked him if a gas station or an auto repair shop would suit him, and Mr. Searcy said he didn't know, but if they were a little further down, it would be o.k. Mr. Callaway explained uses allowed in C-1 zoning districts and then those allowed in A-P districts, adding that any commercial zoning would require a 6 ft. solid screen fence between a commercial project or office, and his land. Mr. Searcy said again that offices or a commercial development would be fine, but he just did not want apartments there. No one else spoke. The public hearing was closed. Mr. Martyn stated that it is ironic to him that someone would prefer commercial develop- ment to apartments, adding that this tract appears to be unique and he can see no other way to handle it without rezoning it to a commercial zoning district which is contingent upon a replat and a joint development agreement. He added that considering the fact that C-1 surrounds the tract, it makes no sense to pull out this small tract and make it some- thing else. Mr. Hansen stated that contingent zoning was given to his company for the development at Texas Avenue and Southwest Parkway, and he knows it can be developed very favorably. Mr. Martyn said that even though the Comprehensive Plan recommends medium density residential zoning here, with ali the other commercial zoning around it, it would not make any sense. He added that the only other zone possible would be A-P. He added that someone must take the authority to make sure a contingency would be carried out. Mr. Martyn then made a motion to approve this rezoning request to C-1, contingent upon the applicant being able to replat the 1.5 acres and the 2.5 acres into one tract. Mr. • Kaiser seconded the motion which carried unanimously (7-0). AGENDA ITEM N0. 4: 84-716: A public hearing on the question of granting a Conditional Use ermit or an a rtion to t e existing entra ire tation ocate on t e Wort east corner of the intersection of Gilchrist and Texas Avenue. Application is in the name of P&Z Minutes 11-15-84 page 3 • the City of College Station, Texas. Mr. Callaway explained the site plan which represents a proposed addition to the exist- ing fire station, adding that staff recommends approval with P.R.C. conditions. Mr. Martyn asked why staff had recommended changing the size of the proposed live oak trees from 6" to 3" caliper and P1r. MacGilvray stated that expected survival rate is better for 3" trees. Mr. Brochu added that it is hard to get 6" live oak trees in containers and a 3" tree in a container has a much better chance to live. Mr. Hansen pointed out that the total points proposed are not much over what would be required. The public hearing was opened. No one spoke. Public hearing was closed. Mr. Kaiser stated that the City has historically done a poor landscaping job, and gave an example of the parking lot to the rear of City Hall, adding that he believes the City is tough with the private sector and lenient with itself. Mr. Hansen concurred. Mr. Pullen stated that .the landscaping points are much closer on the parking lot to the rear of City Hall than the public thinks. Mr. Martyn stated that meeting point requirements, even to the minimum, is acceptable. Mr. Brochu made a motion to approve this Conditional Use Permit with P.R.C. conditions. Mrs. Stallings seconded the motion which carried unanimously (7-0). AGENDA ITEM N0. 5: 84-234: Final Plat - Resubdivision of Lots 3~4 Block 4 Pooh's Park Mr. Callaway located the lots in the Pooh's Park Subdivision and explained the resub- division plat simply changes a lot line and staff recommends approval. Mr. MacGilvray made a motion to approve the plat with Mr. Martyn seconding. Motion carried unanimously (7-0) . AGENDA ITEM N0. 6: 84-235: Final Plat - Resubdivision of Lots 35,36 ~ 37 Block One Nantucket Phase One ETJ Subdivision Mr. Callaway located this ETJ subdivision, explained this replat is to consolidate 3 lots into 2 lots and staff recommends approval., Mr. Brochu made a motion to approve the plat with Mrs. Tongco seconding. Motion carried unanimously (7-0). AGENDA ITEM N0. 7: 84-236: Final Plat - Resubdivision of Lots 1R & 2R Block 1 Welsh Office Park Mr. Callaway located this lot and explained the division into 2 lots is being made along a firewall in this existing building, that this division complies with all building code requirements, and staff recommends approval. Mr. Martyn asked how this is possible, and Mr. Callaway explained that the C-1 zoning district allows lot line construction with certain fire wall provisions, citing development in the Post Oak Mall and in the Ashford Square subdivision as examples. Mrs. Stallings made a motion to approve this replat with Mr. MacGilvray seconding the motion. Motion carried 7-0. AGENDA ITEM N0. 8: Other Business Mr. Callaway explained that the PAZ Commission had recently .denied a rezoning request in Lincoln One subdivision along University Drive, and the City Council had also recently denied this request, but Council denied without prejudice, thus waiving the 180 day • waiting period prior to refiling a request, including a recommendation to the applicant to submit an amended request. He went on to explain that authority to waive this 180 day waiting period has been given to the Commission by ordinance, but pointed out the PSZ Minutes 11-15-84 page 4 Council, of course, is the higher authority. He stated he simply wanted to bring this • to the Commission's attention, and to inform them that another request on that land will be forthcoming soon. Mr. Kaiser stated that the boom days of big development seems to be over, rezoning R-1 land to something else seems to be the trend, and that perhaps the Commission ought to go back and re-examine all the existing C-1 land to see if some should, perhaps, be rezoned to something more appropriate. Mrs. Tongco stated she is not happy with what the Commission had to do on Wellborn Road, but added that she could see no other option. She said she does not know just how C-1 zoning was previously established in that area, and found it interesting that one of the adjacent residents would prefer C-1 to multi-residential development. Mr. Martyn asked how staff's meeting with representatives from Aldersgate Church went and Mr. Callaway advised that meeting has been rescheduled. Mr. Martyn asked if staff is aware of a new temporary building on the site and Mr. Callaway advised him that staff has noted its existence. Mr. Martyn asked if they can put it there without an additional Conditional Use Permit for it and Mr. Callaway said that he is not absolutely sure, but he does not think that is permissible even though the church had received a permit for one of the portable buildings. Mr. Brochu stated he was disappointed to see that Council had rezoned the corner by the park. Mr. Callaway advised that the possibility of acquisition as suggested by the Commission must be considered a separate issue, and could still take place. Mr. Brochu said the only problem is that now the City would be buying C-N zoned land. • Mr. Martyn made a motion to adjourn with Mr. MacGilvray seconding. Motion carried unanimously (7-0). APPROVED: e H en, Chairman ATTEST: Dian Jones, City Secretary U PLANNING AND ZONING COMMISSION GUEST REGISTER r NAME i. 3• ~,,,~ tt i', ~ ~ ~,~`~,J 5 , ~ ~ `.+._._ F 6. 7• 8. 9. 10. DATE November 15, 1984 ADDRESS A--10 W !Q G'1"i:a~ ~' ~' L L ,t , -~ ~ .. ~ 12 . ~ ~ ~ ~ ~ it ~~ ~~~ ~ ~ ,~~ ~ d 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23• 24. 25. 1 d *** REGISTRATION FORM *** (FOR PERSONS MHO WISH TO ADDRESS THE COMMISSION) Date of Meeting r ~ ~ ~- ~S Comml ss Ion Agenda I tem No. ~ '1 ~ ~ Z i~ Name ~, U Rc' 1 l ~c AC.K~'~e/(~ Address ~ ~~ ~t Cke~ g sr~ ~- A,pR S C .S , House No. Street Ctty IF SPEAKING FOR AN ORGANIZATION, Name of Organization: And, Speaker's Official Capacity: SUBJECT ON WHICH PERSON WISHES TO SPEAK 1?C~ 2 c) „J I In 4 Z , s' 3 ~1 c . `~' R Ac. r 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 NI11 appreciate each speaker limiting an address on any one Item to flue minutes. Thank you for your cooperation. •