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HomeMy WebLinkAbout10/18/1984 - Minutes - Planning & Zoning CommissionMINUTES • CITY OF COLLEGE STATION, TEXAS Planning and Zoning Commission October 18, 1884 7:00 P.M. • MEMBERS PRESENT: All present MEMBERS ABSENT: None STAFF PRESENT: Director of Planning City Engineer Pullen, Technician Volk Mayo, Assistant Director of Planning Callaway, Asst. Zoning Official Johnson and Planning AGENDA ITEM N0, l: Approval of Minutes - meeting of October 4, 1984 Mr. MacGilvray made a motion to approve the minutes with Mrs. Tongco seconding. Motion carried 5-0-2 (Martyn ~ Kaiser abstained). AGENDA ITEM NO. 2: Hear Visitors No one spoke. AGENDA ITEM N0. 3: 84-123: A ublic hearin on the uestion of rezonin a 0.601 acre tract on the east side of Wellborn Road FM215 approximately 10 feet south of Holleman from Single Family Residential District R-1 to Neighborhood-Business District C-N. Appli- cation is in the name of Raymond Huff. Mr. Callaway located the land, pointed out area zoning and uses (which may include some non-conforming commercial uses), and described the frontage and depth of the tract. He explained that by adding this tract to the tract which is already zoned C-N the 2 acre maximum size limit of C-N tracts will be exceeded, but further explained that this total area will be divided into 3 separate lots which would all comply with the limitation. He added that the applicant has submitted a plat which will accomplish this plan. He went on to explain that the plat limits access to Lot 18 through either Lot 17 or Lot 19, or both, which will make the access points to the tracts further away from a major inter- section than the original configuration would allow. The public hearing was opened. No one spoke. The public hearing was closed. Mr. Mac- Gilvray asked if uses in this C-N zone would have to be approved by the Commission and Mr. Callaway replied that ordinance requires Project Plan Approval by the Commission on any development in a C-N zoning district. Mrs. Tongco asked how long ago the existing C-N tract was established and Mr. Callaway replied that he could not remember the exact date, but that it was sometime earlier this year, Mr, Hansen said that with all things considered, including lot configuration and area uses, he does not have a problem with this request. Mr. MacGilvray said that the only problem he could foresee would come if all tracts were developed independently, and Mr. Callaway again pointed out that had been discussed during review of the plat,. and access easements for those three lots will have to be shared, with direct access limited to Lot 17 and Lot 19 only. Mrs. Stallings made a motion to approve this request for rezoning with Mr. MacGilvray seconding the motion. Motion carried unanimously (7-0). • AGENDA ITEM N0. 4: 84-124: A public hearing on the question of rezoning a 0.46 acre tract o land along the west s~ e o ast ypass, soot o rene ap oa a ~acent to entra ar rom ing a ami y esi entia is r c - o enera ict P&7_ M i nutes 10-18-84 page 2 • C-l. Application is in the name of Glynn A. Williams, Mr. Callaway located the tract which is adjacent to the softball fields in Central Park. He pointed out area zoning and uses, adding that the dimensions of this tract are not consistent with the City's development policies for General Commercial use, but that the tract is also not suitable for residential use because of its configuration and the light- ing, noise and traffic impacts generated by the Park. He stated staff would recommend either A-P or C-N zoning for this small tract of land, as A-P uses would be compatible with the residential area and C-N development can be used in any zoning district with review and restrictions for control of development and uses. Mr. MacGilvray asked how this property had been left over and Mr. Mayo explained the his- tory of this land which was left over after the Bypass went in. Mr. Mayo went on to say that due to the tract"s size and location, it should probably be included in the park, and referred to a memo from the Director of Parks, adding that he would suspect that Mr. Beachy w111 probably approach the Council regarding possible purchase of this land. Public hearing was opened. Glynn Williams, 2700 Windwood, College Station came forward, identified himself as the applicant and stated that he is currently purchasing this tract from his father. He explained that he would like to see this tract utilized in a way which would not hurt Central Park, and that he believes a commercial use would be the best use of this property, perhaps either as a store or an office, but that C-1 would give him the flexibility necessary in planning its use.. He explained how the Bypass affected this land, adding that he was not aware of any attempts by the City in the past to purchase this land, but that he would be willing to consi-der a sale to the City. • Mr. MacGilvray said thafi he appreciated Mr, Williams' desire to develop this tract in a way which would enhance the park, but pointed out that if the land is zoned to C-1, any use allowed in C-1 zones would be allowed on this tract. Mr. Williams stated that he was not aware that there was a depth and widfih problem regarding regulations of C-1 tracts, but he would be willing to accept any other commercial zoning district, Mr, Marlyn stated he would like to see the City pursue the option of purchasing this land, adding that if any action is taken to recommend rezoning of this land the price of the tract could go up, Me continued, stating that if no action is taken on this now, and the possibility of a purchase would fall through, then this body could take action on this request, Mr, MacGilvray asked if he was recommending tabling of this request and Mr. Mar- tyrs said that would probably be best. Mr. MacGilvray stated he is inclined to agree with part of Mr. Martyrs"s theory, but thinks that this body should deny this rezoning request, based on the fact that the request is for C-1, and the dimensions of the tract are not consistent with the City's development policies for General Commercial use. Mr, Martyrs agreed with Mr. MacGilvray. Mr, Hansen stated that if this request is denied with no recommendation, Council would think PAZ would be recommending that it remain R-1, and wondered if there will b.e trouble with the size of the lot after land is taken for streets. Mr. Pullen stated that current standards provide fora 200 ft. setback from an intersection to a curbcut, Mr. MacGilvray asked if a motion from this body to the Council to purchase the property would be in order. Mr. Mayo stated that could be done if the Commission feels strongly that a recommendation of that type should be made. Mr. Kaiser wondered aloud if this action could be interpreted as using police powers by denying the C-1 request to encourage the applicant to sell the land to the City, and stated he would rather have the records reflect that the request was denied on the merits • of the C-1 zoning request and remain silent regarding a recommendation to purchase the land. Mr. Hansen said that one of the main reasons for denial would be the close proximity of this tract to the park, and Council could see that in the minutes, and he would agree that a denial only would be in order. PAZ Minutes 10-18-84 page 3 • Mr. Martyn maintained there would be nothing wrong with suggesting this should be included in the. park. Mr, MacGilvray said he agreed that the issues should be separate, and would suggest that .the Commission deny this request on the merits of the request only in one motion, and then to make a separate recommendation to council regarding pursuing the possi- bility of purchasing the land to include in the park. Mr, Kaiser made a motion to deny this request for the reasons that the tract does not con- form to ordinance requirements regarding dimension standards and size standards for C-1 development and because of the possible adverse impact on the adjoining property; namely the park. Mr. Martyn seconded the motion. Motion carried unanimously (7-0). • Mr. Martyn then made a motion to recommend to council that it investigate the possibility of an option to purchase this property (0.46 acres) to incorporate into the city park. Mr. MacGi1.vray seconded the motion which carried unanimously (7-0). AGENDA ITEM N0. 5: 84-228: Final Plat - Proposed Barron Road Right-of-Way (4.55 acres) Mr. Mayo announced that this item has been withdrawn by the applicant. AGENDA ITEM N0. 6: 84-229: Final Plat - Regency Square (10.528 acres) Mr, Mayo explained that staff would recommend requiring a private access easement across the front of this property to facilitate shared access to all three lots. Mrs. Tongco asked if there will be access to the land on the other side of this subdivision and Mr. Mayo explained some old plans which have since been dropped, and stated the continuation of streets has nofi been discussed with the developer. Mrs. Tongco said she is concerned with not having an opening to that piece of land in the future. Mr. MacGilvray asked if a bridge over the drainage easement will have to be built and Mr. Pullen replied that access will be taken from the rear of -these lots, but he believes development plans in- clude a footbridge to the street, Mr. Kaiser asked what staff recommends for access to that adjoining property, and Mr. Mayo replied that if it is ever developed, the developer would have to get access to his land under State laws. Mrs. Tongco stated she was inter- ested in helping preclude future problems. Mrs. Stallings stated there is no access to that land now, and agreed with staff that development in this area is .very slow, and that she believes the people along Holleman should not be penalized now. Mr. Mayo stated there is no major thoroughfare in that area on the Comprehensive Plan, and he would question the legality of requesting the developer to stub-out a street now which may never be connected. Mr. MacGilvray asked if the property owners will be responsible for maintaining the drain- age easement, and Mr. Pullen replied that the City will probably maintain it because of the difficulty in reaching agreement with multiple landowners regarding how easements will be maintained, Mrs, Stallings made a motion to approve this plat with presubmission conference require- ments, Mr. Brochu seconded the motion which carried unanimously (7-0). AGENDA ITEM N0. 7: 84-230: FIna1 Plat - Resubdivision Plat of Lots 32, 33, 34 Block 4 Phase 116 Resubdivision Plat of Post Oak Forest Mr. Mayo explained that this plat shifts property lines to accommodate as-built structures and pointed out that the Homeowners Association of this PUD will be required to sign the plat prior to filing, and staff recommends approval of this plat as shown. Mr. Martyn stated that some time ago this Commission passed a motion to the effect that all required signatures will be on plats prior to being brought before this Commission. Mr. Mayo stated that the plat will not be filed prior to getting all required signatures. Mr. Martyn said this item could be tabled until those signatures are secured. Mr. Hansen P&Z Minutes 10-18-84 page 4 said that would hold this plat up until another meeting. Mrs. Stallings stated this could • be included in the motion., but Mr, Martyn maintained doing that would be a mistake, and he thinks all required signatures should be on the plat prior to PAZ review and approval. Mr. Kaiser asked what policy now is, and if plats have been approved in the past without all necessary signatures. Mr. Mayo replied that staff does not do a title search on plats, and must take the applicant's word that he is the owner, but that staff does require Tax Certificates on the land. He went on to say that a plat could be voided if there were other owners of that land who had not signed the plat, and further, that if the applicant had represented himself as the owner of the land, he would be breaking the law. Mr. Mayo went on fio assure the Commission that all signatures are in place prior to sign- ing by the City Engineer, and prior to filing with the County. Mr. Martyn repeated that a motion had been approved in the past that this Commission would not consider a plat prior to receipt of all required signatures of landowners. Mr. Kaiser agreed that this is a legitimate point, but that he is concerned with a delay. Mr. Martyn said that the Commission would not be penalizing an applicant, but rather the applicant has come to this body with an incomplete document. Mr. Hansen said he would recommend that the Commission approve these plats tonight subject to receipt of required signatures, and then to let it be known that in the future plats will be tabled if signatures are not affixed. Mr, Mayo explained that the reason the City. Engineer is fihe last person to sign a plat is to give staff a chance to catch any possible errors and to make sure everything has been done, but this still would not guarantee .that all owners have signed the plat because the City does not do a title search. Mr. Hansen stated he believes it would be unfair to table these plats tonight. • Mrs. Stallings made a motion to approve the plat subject to all signatures being in place prior to signing by the City Engineer. Mr. Brochu seconded the motion which failed by a vote of 3-4 (Martyn,_ MacGilvray, Tongco ~ Kaiser). Mr. Kaiser then .made a motion to ta61e this plat until all owners' signatures are affixed.. Mr. MacGilvray seconded the motion which carried 4-3 (Hansen, Stallings & Brochu). AGENDA ITEM N0, 8: 84-231: Final Plat - Resubdivision of Courtyard Apartments Subdivision Mr, MacGilvray moved to table due to lack of signatures. Mr. Brochu stated the previous motion addressed a plat which involved more than one owner, and this plat only concerns one owner and he believes the ru ling should not apply here. Mr. MacGilvray withdrew his motion, Mr, Mayo pointed out that Roy Hann owns Courtyard Apartments, and Jim Jett owns Lots 2 ~ 3, Mr, MacGilvray again made a motion to table this item due to lack of signatures of all owners with Mrs, Tongco seconding, Motion to table carried unanimously (7-0), AGENpA ITEM N0. 9: 84-213: Master Preliminary Plat - University Square Mr, Mayo located the land and explained what is being done, adding-that staff recommends approval as shown as all Presubmission Conference conditions have been met. Mr. Martyn asked i'f all C-1 regulations must be maintained if land is replatted with private drives and Mr. Mayo explained fihat the Comprehensive Plan would look at this as a development. Mr. • Martyn asked if Tract S could be zoned C-1 and stand alone. Mr. Mayo replied that the lot is legally large enough. PAZ Minutes 10-18-84 page 5 Mr. Broehu made a motion to approve this plat as shown. Mr, MacGi1vray seconded the motion • which carried unanimously (7-0). AGENDA ITEM NO. 10: 84-313: Preliminary Plat - Oak Lake Estates (ETJ Subdivision) Mr. Mayo explained this plat and located the .land, addPng that all presubmission con- ference conditions have been met and staff recommends approval as shown. Mr. Martyn asked if the streets will be to City or County standards. Mr. Mayo replied that the City Engineer would set the standards after consultation with the County. Mr.Martyn asked why there are crushed rock streets in Quail Run and Mr, Mayo replied that subdivision is built to County standards, and the land is in an area where it is next to impossible for the City to give sewer service, He added that studies are being done now regarding set- ting different standards for areas likely to be annexed as opposed to areas not likely to be annexed in the near future. Mr, MaeGilvray made a motion to approve this plat with Mrs. Tongco seconding. Motion carried unanimously (7-0), AGENDA ITEM N0. 11: Other business Mr. Callaway announced that the Council is not yet ready to schedule the combined workshop mentioned at the previous meeting, Mr. Martyn stated that the East Bypass Study rough draft has been refiurned to staff for updating., and the study is on-going, He also stated he had met with the state director for daycare licensing Fn Brazos County and that she is willing to meet with the Commission • anytime. It was decided that a date (late in the afternoon) would be chosen by the Com- mittee and the Planning Technician would then notify the Commission. Mr. Martyn continued by stating that the fire lanes at Aldersgate Methodist Church have still not been painted, and suggested that the City notify the church. Mr. Hansen asked if that sign had been approved and Mr. Mayo replied that the location had been approved by PAZ. Mr. Martyn stated that the minutes reflect that the elevation of the sign was not available at the PAZ meeting, but the Zoning Official indicates the sign meets ordinance requirements. Mr. Kaiser made a motion to adjourn with Mr. MacGilvray seconding. Motion carried unani- mously (7-0), APPROVED: ve Hansen, Chairman ATTEST: City Secretary, Dian Jones • PLANNING AND ZONING COMMISSION GUEST REGISTER DATE ~Q ~~ NAME 4. 5. 6. 7• s. 9• 10. 11. 17. 18. 19. 20. 21. 22. 23• 24. 25. 12. - ~ 13. ~ v J 1 ~ (' f~~ ~~c~i 15. Ti~1 Ctt~~~c ADDRESS Z `7~0 ~/.c/r>ctSoo b - ~ S ~ ~ ~-~ ~~- ~-lo ,.,'~~~ ~~ ~ ( 3 l~/ l~l ~2 G /a de S ~ C, S , .. .--.. ~;~ o~ L a, '~..1 ~~r~c=, ~' fr ~ ~---Gt. ~-~ ~... w t .fry -v V -- _ _ ^_ ! ~~ iY ~. ~~, ~ ~) ~ t~.w i~: 4- ~ u ~1,~oJ C , ~ , .~ ,t ~ ~ ~ ~~~ ,:.., v / ~,'. ~ is ,,, ~ ~ :°... ~, 7 i - ~l ~! ~l ~~~~.~ ®~-- ~~~ ~~ ~~3 ~1 ~~~~E~ ~~~ l ~