HomeMy WebLinkAbout01/03/1985 - Minutes - Planning & Zoning CommissionMINUTES
• CITY OF COLLEGE STATION, TEXAS
Planning and Toning., Commission
January 3, 1985
7:00 P.M.
MEMBERS PRESENT: Chairman Hansen, Members Brochu, Martyn,
Tongco, MacGilvray
MEMBERS ABSENT: Members Stallings and Kaiser
STAFF PRESENT: Assistant Director of Planning Callaway, City
Engineer Pullen and Planning Technician Valk
AGENDA ITEM N0. l: HEAR VISITORS
No one spoke.
AGENDA ITEM NU. 2: APPROVAL OF MINUTES - WORKSHOP MEETING GF
DECEMBER 17, 1984 AND REGULAR MEETING OF DECEMBER 20, 1984.
Mr. Martyn stated that in his opinion, the minutes from the
workshop meeting were much too abbreviated and should, perh~~ps,
be more inclusive. Other Commissioners agreed, with the decision
reached that a note should be added to those minutes to indicate
• that. the minutes are very abbreviated and that the tapes usESd to
record the meeting should be used for any reference necessary.
All Commissioners agreed that the minutes of the December 20t.h
meeting were acceptable.
Mr. Martyn made a motion to approve the minutes from the workshop
with the note added, and to approve the minutes from the December
20th meeting as shown. Mr. MacGilvray seconded the motion which
carried 4-0-1 (Tongco abstained).
AGENDA ITEM N0. 3: 85--100: A PUBLIC HEARING ON THE QUESTION OF
REZONING A 4.48 ACRE TRACT OF LAND LOCATED AT THE NORTHEAST
CORNER OF THE INTERSEC`PION OF TEXAS AVENUE AND HIGHWAY 6 EAST
BYPASS FROM ADMINISTRATIVE-PROFESSIONAL DISTRICT A-P TO GENI'sRAL
COMMERCIAL DIS'i'RIC'P C-l. APPLICATION IS IN THE NAME OF JOHN W.
HANEY, SR.
Mr. Callaway located the tract, identified area zoning and uses,
adding that the subject tract is vacant. He pointed out th:~t the
area is reflected as office/commercial on the Land LTse Plan, and
it is currently so zoned. He went on to state that although this
requested rezoning does not. comply with the Land Use Plan, i~he
area is located at an intersection of thoroughfares which d~~es
comply with the City's commercial development policies, adding
that with the request under consideration, there would be a 135
foot buffer area between the C--1 area and the existing R-1 area.
• He then stated that if this request is approved, approval should
be contingent on the filing of the subdivision plat as subm:i.tted
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• 1--3-85
page 2
by the applicant.
Mr. Callaway then referred to a petition from the area residlents
in opposition to this rezoning which had been included in tree
packets the Commissioners had received.
Questions were asked by the Commissioners regarding any possible
pending litigation on this property and Mr. Callaway replied that
as he understands it, there is pending litigation, the exact.
details of which he was unaware, but explained the previous
actions which included a petition from area residents, a land use
study done by a committee and P&7., initiating rezoning in
accordance with the study.
Mr. Martyn asked what action this Commission had taken on a
similar request approximately 6 months ago and Mr. Callaway
replied that. the applicant had requested 6.9 acres of C-1 zoning
and the t•equest had been denied by this Commission, afterwhi_ch
the request was withdrawn by the applicant prior to being heard
by the City Council.
The public hearing was opened. Ron Cruse, 860a Creekview Court.
came forward stating he was representing the owner at the os~rner's
• request. He gave the background to the 1979 rezoning request,
adding that since that time, the eastern portion of the tract has
been sold and the current owner, Mr. Haney bought the land Frith
C-1 and A-P zoning, and is now caught in the middle with the' City
initiated rezoning of the land to A---P only. He then spoke of
intended uses planned, adding that accessibility to Texas Avenue
has been discussed with both the Highway Department and the City,
and apparently the only opposition is from the area resident;s.
Mr. Martyn asked how long this land has been owned by Mr. Hfiney
and Mr. Cruse replied that he is unsure, but perhaps for 2-3
years. Mr. Cruse went on to add that Mr. Haney has possible
plans to develop medical offices on the land if the hospital does
develop to the south as proposed. Mr. MacGilvray stated the C-1
tract is larger than would be reyuired for a convenience stare
and gas station and Mr. Cruse agreed that a project like thFtt
would not take in the entire C-1 area. Mr. Hansen asked Mr..
Cruse if an attempt had been made to work with area residents and
Mr. Cruse replied that he had met with 2 residents and went over
the same presentation he is making tonight, and after that
meeting has come to the conclusion that those residents could not
be satisfied with any C-1 zoning at. all. He added that the
residents contend, and rightly so, that any uses permitted in C--1
zaning districts would be allowable on this land if it is zoned
to C-1. Mr. MacGilvray asked if there would be a curb cut ~~n
Texas Avenue, and Mr. Cruse replied that there would be one., with
• access through the tract taken from a private access easement,
with another curb cut. onto the bypass feeder road and perhaps one
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1--3-85
• page 3
more cut approximately `L50 feet back from Deacon and Texas
Avenue. Mr. MacGilvray stated that the intersection there is
very dangerous under current conditions, and that he tries t.o
avoid it whenever possible. Mr. Cruse replied that there have
been funds appropriated for changing this intersection to which
Mr. Pullen concurred, adding that the intersection will be
redesigned and signalized in the future.
Gail Griffin, 108 Mile Dr.•ive came forward to speak in opposition
to this request, adding that she has met with Mr. Cruse to talk
about this request, and is aware of the pros and cons of they
plans, but has remained in opposition to commercial. development
on this property because of several things, all of which would be
detrimental to the residential properties, most of which have
been in the area in excess of 12-16 years. She then listed some
reasons for opposition which included additional curb cuts in an
area which has one of the most dangerous intersections in triis
City, additional. traffic through this residential neighborhood on
a street which will be inadequate for handling commercial
traffic, additional noise and lights from both the traffic Bind
the development itself, drainage problems which would worsen, and
probable devaluation of the residential properties.
• Mr•. Martyrs asked Mrs. Griffin if the petition presented
represents 1001 of the residents of Mile Drive and she replied
that it represents all households except one.
Al Borman of 113 Mile Drive came forward stating he owns 2 7-ots on
Mile Drive and is concerned about the development of the area and
the future zoning of the entire area. He said he objects to Mr.
Cruse's statement that this land is not a good A-P area as rit a
previous Counc:i.l meeting he recalled it was stated that the area
is not a good C-1 area and should be A-P. He went on to sa~r the
residents had tried to work with developers in the past and had
received a lot of promises, site plans with greenbelts and
easements, and none have come to pass; and not only that, w~~thin
6 months of the time those plans were agreed to, there appearred a
"For Sale" sign on the land, and it is his belief that the
developer will reap profits from both the City and the residents.
He went on to talk about what this area had looked like when he
built his home, and how it looks now, adding that development
with a lot of concrete will increase drainage problems which
already occur in that area. He then spoke of traffic problems in
the area and sight distance problems due to lack of maint.enfince
by the City. He added that it must be kept in mind that an;/ use
allowed in a C--1 zone would be allowed on this land i.f it is
zoned C-l. Mr. MacGilvray asked Mr. Borman if he supports 'the
ex:fisting A-P zoning and he replied that he does because offices
would generate less traffic than commercial development, an~i
• because t:he hours of this t.raff:ic would be in a time period more
acceptable to the residents of Mile Drive. Mr. Hansen asked Mr.
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1-3--85
page 4
Borman if' any combi.nat.ion of A--P and C-1 would be acceptable to
the residents, and he replied that as he recalls there had been
one acceptable site plan in the past which allowed a strip of C-1
land along the frontage road, which did not concern the area.
residents.
Daniel Davis of 115 Mile Drive came forward and recalled that
thet•e had previously been a tract of land approximately 1.3 acres
in size which had been zoned C---1, with the rest of the land
remaining R-1.
An unidentified area resident spoke from the audience to say that.
there would be some C-1 development the residents could live
w:it.h, but, that he realized this is not possible to consider with
a zoning request. Mr. Cruse pointed out from the audience that
the C--1 tract had been annexed into the City as a ,junkyard, and
at that time the existing use had determined the zoning.
No one e:Lse spoke and the public hearing was closed.
Mr. Martyn pointed out that in July 1982, staff and a study
comm:ittee determined the best. use of that tract. would not bey
commercial, and the decision was made to eliminate the C-1 ~;oning
at that. particular location to comply with the Land Use Plans and
to rezone the land to A-P. He added that in his opinion, at. some
point, long established uses should take precedent over what.
current zoning is in effect. He continued by stating that
rezoning does in fact allow any approved use in a part.icular•
zoning district; this item appears to come up approximately every
180 days; in June of 1984 this Commission denied a request Hrith
the minutes reflecting that commercial development would not; be
compatible with current uses and rezoning should not take place
also clue to pending litigation. He went on to say that if <<nyone
on this Commission wants to change his vote of 6 months ago, he
must present a very strong reason at this time. Mr. MacGilvray
pointed out that this request is slight..ly different. from that
considered 6 months ago. Mr. Brochu pointed out that the area
had not been platted then, and now there has been a preliminary
plat presented. Mrs. Tongo stated that she has two major
concerns with this area and those include additionaa traffic and
additional flooding in an area which already has standing w~tter•,
and she would not like to see additional problems created for the
City. Mr. MacGilvray disagreed with Mr. Martyn's statement
regarding established uses prevailing over existing zoning,
listing as an example the existing trailer court, pointing out
that: the City cannot say "existing uses which we like..." Mr.
Martyn agreed that certainly there are black, white and gray
areas, but in his opinion, this is definitely a black and white
area. Mr. MacGilvray pointed out the residents COULD have Nought
the land, and if' they had, they would then probably be of a
different opinion. Mr. Hansen stated that there had been some
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1-3--85
• page 5
site plans which had difficulties, but that he, personally,
thinks that a C-1 use could be made on a portion of the corner,
but the USE itself would be very important, therefore, it. would
be difficult for him to rule in favor of this request. Mr.
MacGilvray pointed out that perhaps in 10 or so years from now an
acceptable C-1 use would be replaced, and went on to say that he
wished the Legal Department. had a representative in the audience
tonight, because some restrictions can be placed on development
of the land which cannot be changed, and he thinks this could be
done if the land changed hands again, but is not sure how that
could work and would like advice from the City's Legal staff.
After further, more general discussion, Mr. Martyn made a motion
to recommend denial. of this rezoning request with Mr. Brochu
seconding that motion. Motion carried unanimously (5-0}.
AGENDA ITEM N0. 4: 85-300: PRELIMINARY PLAT - EMERALD FOREST
PHASE 8.
Mr. Callaway explained this plat and the subdivision i.t
represents, adding that staff recommends approval with
Presubmission Conference conditions. Mr. MacGilvray asked f'or
clarification of item #1 regarding structures built to 100 3~ear
flood plain standards. Mr. Callaway explained that this part. of
• the subdivision lies in a major flood plain and this would tie
requ:fired for access to the subdivision for emergency servicE~s,
or, an alternate access to the subdivision can be provided Y~y the
developer. Mr. MacGilvray asked if it. is a.ll right for
Appomattox Drive to flood if alternate access is provided, ~tnd
City Engineer Pullen replied that almost. every street in the' City
will flood under certain conditions, and this note has been
included because if this street should become flooded and there
is no alternate access, the subdivision could be cut off from
emergency service. Mr. Martyn asked who would be financial]_y
responsible for construction of this and Mr. Callaway repliE~d
that the developer would be responsible, with there being a
possibility of City participation. Mr. Pullen then explainf~d
ghat the Subdivision Ordinance provides for City participat~~~on,
but the amount has never been determined. He also explainedi that
in the 1983 bond election, some money was provided for some major
structures.
Mr. MacGilvray made a motion to approve this preliminary plat
with presubmission conference conditions. Mr. Brochu seconded
the motion which carried unanimously (5~-0).
AGENDA ITEM N0. 5: OTHER BUSINESS
It was decided to continue having P.H.C. meetings at lU a.m.. on
Wednesday.
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1-3-85
page 6
Mr. MacGilvray announced that he would be out. of the country from
February 7th thru May 7th.
Mr. Hansen said he would be absent at the next meeting and
requested Mr. Martyn to act as chairman.
Mr. Pullen began a discussion of sidewalks in subdivisions,
reporting that major arterials must have sidewalks according to
ordinance, but that sidewalks along smaller streets were left to
the discretion of the Cvmmission/Council. Mr. MacGilvray
suggested that, a sidewalk be required along the inside lots along
Spring Creek in this subdivision (Emerald Forest Phase 8), with
Mr. Hansen stating he thinks development of sidewalks should be
consistent with other phases of this subdivision. Mr. Martyn
pointed out, that the item has already been voted on and passed
without this stipulation, and Mr. Hansen suggested that staff
discuss this with the developer. Mr. Martyn agreed, adding that.
the opinion of this Commission should be passed along to thE~
developer with the possibility that sidewalks along this
particular street may be required on the final plat.
Mr. MacGilvray made a motion to adjourn wi.t,h Mr. Martyn
seconding. Motion carried unanimously.
APPROVED:
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Ray Ma tyn, Vi Chairman
ATTEST:
Dian Jones, City Secretary
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PLANNING AND ZONING COMMISSION
GUEST REGISTER
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