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HomeMy WebLinkAbout03/21/1985 - Minutes - Planning & Zoning Commission MINUTES CITY OF COLLEGE STATION, TEXAS Planning and Zoning Commission March 21, 1985 7:00 P.M. MEETING HELD IN COLLEGE STATION COMMUNITY CENTER • MEMBERS ABSENT: Member MacGilvray STAFF PRESENT: Director of Planning Mayo, Assistant Director of Planning Callaway, City Engineer Pullen and Planning Technician Volk. MEMBERS PRESENT: Chairman Hansen, Members Brochu, Stallings, Martyn, Kaiser and Tongco (for part of the meeting) AGBNDA ITBM N0. 1: Approval of Minutes - aeeting of March 7, 1985. Mr. Martyn made a motion to approve the minutes as presented. Mr. Brochu seconded the motion to approve which carried unanimously (6-0). AGBNDA ITBM N0.2: No one spoke. Hear Visitors. AGBNDA ITBM N0. 3: 85-107: A public hearing on the question of rezoning part of Lot 22 of the D. A. Smith Subdivision (1.526 acres) located on the Nest side of Chapel approxiaately 150 feet north of Banks Street, frog Apartments High Density District R-6 to General Coaaercial District C-1. Application is in the nase of Mrs. Randy Woodard. Mr. Callaway explained the request, and pointed out area zoning and land uses which include residential uses to the east and south; apartments, commercial use and mini-storage warehouses to the west and commercial use to the north, with the subject tract being vacant. He informed the Commission that the Land Use Plan reflects the area in which this tract is located as commercial off University Drive and south to Poplar Street, with the. balance of the area as low density residential. He stated that an increase in commercial depth off University Drive would be in compliance with the land use plan and pointed out that commercial zoning on the tract west of the subject tract extends from University Drive south to a point south of Poplar. He then pointed out that the existing R-6 zoning on this tract serves as a buffer between the existing commercial development to the north of this tract and the existing single family residential area to the south and rezoning of this entire tract would eliminate this buffer and create a C-1/R-1 conflict. He then stated that an alternative to this request would be to increase the C-1 depth south of University Drive on a portion of the subject tract and to provide a buffer to the adjacent single family lots to the south by allowing a portion of this tract to remain~R-6 or by rezoning a portion of this tract to A-P. 1 P&Z Minutes 3-21-85 page Z • He indicated staff's recommendations would be to limit any commercial zoning to the northern portion of the tract, adding that either C-1 or C-3 zoning would be consistent with the land use plan. He then pointed out that the commercial zoning could extend south for approximately 183 feet and be consistent with the land use plan, or approximately 220 feet to the same depth as the current commercial zoning to the west. Staff would also recommend that a buffer of R-6 zoning be left or a buffer of A-P zoning be created between the commercial and residential areas. He added that staff would further recommend that any change in zoning be made contingent upon a replat of the subject tract and the commercial tract to the north, consolidating the 2 tracts to insure that there is no commercial access to the residential streets in this area. The public hearing was opened. Hank McQuade, 2101 Carter Creek came forward to represent the owners of this tract, to speak in favor of this request and to answer any questions the Commission may have. No one else spoke and the public hearing was closed. Mr. Martyn asked for clarification of staff's first recommendation regarding how far south to extend commercial zoning and Mr. Callaway complied. Mr. Kaiser asked what the minimum required lot depth is for R-6 zoning and Mr. Callaway explained there is none, but rather size is governed by lot area per dwelling unit. Mr. Martyn stated he has no problem with some zone change to commercial on this lot, but does not believe the entire lot should be changed to commercial, and wondered aloud if A-P zoning as a buffer might not be • better than the existing R-6 zoning on the remainder of the tract. Mrs. Stallings stated that she believes C-1 back to the adjacent C-1 would be best with the remainder of the tract rezoned to A-P. Mr. Hansen and Mr. Brochu agreed. Mr. Kaiser stated that he does not disagree, but wondered if that A-P area would be large enough to allow the owner ample area to make reasonable use of his tract. He added that he does not want the owner to come back at a later date to say that the City has given them an undevelopeable tract. Mr. Mayo pointed out that there would certainly be limits on the size of any office building which could be built on the remaining land, but part of the limitation would be determined by the amount of required parking. Mr. Kaiser stated he is not opposed to rezoning, but is concerned that a lot is left on which the owner can make reasonable use. Mr. Martyn said that alternatives might be to leave the entire tract R-6 or to make part of it C-1 with R-6 as a buffer. Mrs. Stallings offered a motion to recommend rezoning of this tract from R-6 to C-1 for approximately 220 feet to a point in line with the C-1 zoning on the adjacent tract, with the remaining southern portion of the tract to be A-P; all rezoning contingent upon replatting the subject tract to consolidate this tract with the tract to the north to insure no commercial access to the residential streets in this area. Mr. Martyrs seconded this motion which carried by a vote of 5-1 (Kaiser against.) A(iBNDA ITBM N0. 4: 85-800: A public hearing on the question of granting Project Plan Approval for a proposed project in a C-N Neighborhood Business District located on Lot 18 Block 1 0~ the • proposed 8egency Square subdivision located at the southeast corner of Wellborn 8oad ~ Holleaan. Proposed project is a Convenience Store and Carpash. Applicant is Broach Oil Coapany. 2 P&Z Minutes 3-21-85 • Mr. Mayo explained this request, referred to the site plan on the wall and pointed out that staff still has problems with the amount of pavement on the site plan and would prefer more greenspace in the area from the curbline along Holleman to the paved area as shown on the plan. He pointed out that the proposed paved area is 40 to 50 feet in width, and only 23 feet of paved area is needed for circulation at that location. He stated that staff would recommend more green area because this is a neighborhood business zoning district and not a general commercial district. He then added that all other P.R.C. recommendations have been met on this tract. Mr. Kaiser asked about the gas fuel price sign and Mr. Mayo explained that under the new sign ordinance fuel price signs are exempted, therefore, are allowed.in any zoning district. Mr. Kaiser asked for clarification of the recommended greenspace and Mr. Mayo complied. Mrs. Stallings and Mr. Hansen referred to the already large amount of greenspace between the curbline of Holleman and this property line. Mrs. Tongco asked if there was a drainage problem on this property, and Mr. Mayo pointed out the location of the creek and indicated that drainage probably would be no problem. Mr. Mayo again stated that because this is a C-N zoning district, additional greenspace would tend to make this project more compatible with the adjacent residential neighborhood. The public hearing was opened. Kelly Broach, 1700 Kyle came forward to represent Broach Oil Company in the absence of Kenny Broach who has represented the applicant up to this point on the project. Mr. Broach stated that Jack Cumpton and Raymond Huff are also present to answer any questions the Commission may have. He then explained that the amount of pavement in • the area Mr. Mayo referred to was preferred, and perhaps necessary, because there may be a problem having the storage tanks under dirt and grass due to the necessity of having access to the tanks available to large, 18 wheel trucks as well as other features on these tanks which are planned and which would function better with pavement than with dirt and grass. He also referred to the landscaping and maintenance of other Broach stations in the City, stating that Broach Oil Company is looking for a new image, and will definitely have attractive landscaping and will maintain the entire project well to help attain the strived for image. Jack Cumpton came forward to offer additional information regarding reasons for paving over the tanks. No one else spoke and the public hearing was closed. Mrs. Stallings stated the arguments for less greenspace and more paving made sense and the large trucks may cause more problems in the greenspace than any benefits it would provide. Mr. Hansen agreed adding that he does understand staff's concern, but fears it may cause additional traffic problems which might be avoided. Mr. Broach spoke from the audience stating that he understands staff's concern also, but he would like to assure everyone that the greenspace up to the street curbing would be kept mowed by Broach Oil Company if nobody else mowed it, as the company is trying very hard to maintain a good public image. Mr. Martyn stated that all three C-N projects on the agenda tonight should be looked at together and be considered one large C-N zoning district. • Mr. Hansen said that the applicant seems to have alleviated any possible traffic flow problems on the three tracts, and staff does not have any problems with this project other than its request for additional greenspace, Page 3 3 P&Z Minutes 3-21-85 Page 4 • therefore he, too, has no problems with this project. Mr. Kaiser asked if the location of the curb cuts has been approved. City Bngineer Pullen replied that the locations have been approved. Mr. Kaiser then asked if they meet the 200 foot requirement and Mr. Pullen stated that they do not, but a judgment of the impact of the drives has been taken into consideration, and it has been determined that these drives will not adversely impact the traffic at this intersection, as along Wellborn, traffic into this project will most likely be a right turn in, right turn out situation. Mr. Kaiser. asked if the 200 foot minimum distance from intersection to driveway on an arterial street is a good policy for minimum impact on a neighborhood to which Mr. Pullen replied that it is, and a 300 foot minimum would be even better, then continued to explain possible future problems which could prohibit left turns into a driveway. Mr. Kaiser asked about traffic lights and the extension of Holleman Street and Mr. Pullen explained. Mrs. Stallings offered a motion to approve this project, and then rescinded her motion. She then made another motion to approve this project plan for Lot 18 with P.R.C. recommendations with exception of item #6 on the P.R.C. report. Mr. Martyn stated he would like to amend the motion, adding that this is a C-N zone and the applicant wants to keep this project nice, so he would like to amend it by adding that under no circumstances would banners, flags or pennants be allowed. Mr. Kaiser asked if that could be done and Mr. Martyn said it could because this Commission has site plan approval in C-N districts and Mr. Mayo pointed • out that this Commission is approving use as well as site plan, so this type of stipulation would be acceptable. Mr. Kaiser said then this Commission could also eliminate the fuel price sign to which Mr. Mayo replied that it could. Mr. Kaiser said that the City has a sign ordinance, and he believes this sign ordinance should govern projects. Mr. Mayo stated that the new sign ordinance prohibits banners, flags and pennants in residential zones and this is a neighborhood-business district located in a residential area, therefore banners, flags and pennants would be prohibited. He then pointed out the difference with the fuel price sign is that this type of sign is an "exempted" sign under the new ordinance, and would be allowed. Mrs. Stallings stated she does not want to change her motion. Mr. Mayo stated that the Commission should remember that a C-N district is not just a commercial zone, but the use of the tract is also being reviewed, and pointed out that a fuel price sign is generally considered a part of this type of operation. Mr. Martyn stated that flags, pennants and banners are banned in residential areas because they are considered a detraction to that area, and this should be considered residential with a special use allowed, therefore prohibiting them would be complying with the intent of the ordinance. Mr. Kaiser disagreed, stating that C-N districts are not residential zones, and then quoted from the Zoning Ordinance, Section 5-I.1. regarding the purpose of a C-N district as being to "provide small commercial sites...". Mr. Mayo stated that the district should be as compatible as possible with the surrounding area. Mr. Kaiser then read from the Ordinance, same section regarding the small commercial site having a use which "shall be a low traffic generator and not create any noise, light or odors abnormal to the neighborhood." Mr. Martyn disagreed with the commercial zoning aspect, and • advised Mr. Kaiser to reconsider his position. Mr. Kaiser stated his aim is for consistency, and he merely wants to follow the ordinance; not add to it. Mr. Mayo reminded the Commission that it is also reviewing a use, and a 4 P&Z Minutes 3-21-85 Page 5 • service station is not a typical C-N use. Mr. Hansen stated that this is not a full-blown service station. Mr. Mayo said it almost is, and even more so than some service stations in the City. Mr. Kaiser advised that everyone keep in mind that R-1 zoning is not adjacent to this, and that actually, there is commercial zoning on all sides. Mr. Mayo said there is R-2 just behind this tract. Mr. Martyr pointed out that if banners, flags and pennants are allowed on all three of these C-N tracts, the tracts adjacent to this tract are adjacent to residentially zoned lots. Mr. Kaiser seconded Mrs. Stallings' motion which was not amended. Votes were cast and the motion to approve carried unanimously (5-0) as Mrs. Tongco had left the meeting some time during this discussion. AGBNDA ITBM N0. 5: 85-801: A public hearing on the question of granting Project Plan Approval for a proposed project in a C-N Neighborhood Business District located on Lot 19 Block 1 of the proposed Regency Square subdivision located at the southeast corner of Mellborn Road A Rolle=an. Proposed project is a 2500 square foot fast food restaurant. Applicant is Broach Oil Co~psny. Mr. Mayo explained the request, adding that staff's only problem with this application/site plan concerns the use itself. He stated that staff does not believe that restaurants are a proper C-N use, that he has researched ordinances of other Texas cities and has found none in Texas which allows • restaurants in anything but a C-1 General Commercial zoning district. He went on to explain to the Commission that if this use is approved on this tract tonight, staff would request that the Commission give some guidance as to why a restaurant was allowed in this C-N zone; whether it is due to some unique character of this particular site, or whether restaurants will be allowed in C-N zoning districts in general. Staff's recommendation on this application is that fast food restaurants should not be allowed in a neighborhood-business zoning district. Mr. Kaiser asked if there are other C-N districts which have restaurants and Mr. Mayo replied that at Anderson at Holleman, there are 2 restaurants; one is a barbeque place with a maximum of 40 seats which has never opened; the other is a pizza pickup/delivery restaurant which has no seats. Mr. Mayo then referred to the small restaurant in the C-N district on Tarrow and explained that particular project is unique in that when the tract was rezoned by the City to C-N, it had been used for a commercial use. The public hearing was opened. Jack Compton came forward to explain that this particular site at a major intersection is an appropriate location for a restaurant and that there will be no conflict with the residential area as it is actually isolated from the residential area. He explained that the restaurant is small, the tract is zoned C-N and this would be a good use in this one special instance. Mr. Kaiser asked if restaurants fullfill some type of service in a neighborhood similar to that of a convenience store. Mr. Compton said that because this will be located on a street such as Wellborn Road, the geographic area it will serve will be extended, and he • cannot say it will serve only the neighborhood. No one else spoke and the public hearing was closed. 5 P&Z Minutes 3-21-85 Page 6 • Mr. Kaiser said that the ordinance suggests that C-N districts will provide "small commercial sites in residential convenience goods and personal service businesses" and he can certainly accept the fact that convenience stores serve a neighborhood but he has a problem with locating a fast food restaurant in such a zoning district, as he believes they seem to serve the City rather than a neighborhood. He continued by saying that if the zoning at this major intersection were C-1 he would have no problem, but that he does have a problem with this use in a C-N district, as there seems to be no other sit-down restaurant in a C-N district with exception of the unique situation on Tarrow, and he strives for consistency while serving on this Commission.' Mr. Brochu said that staff had asked if allowing this restaurant would represent a unique situation or a general change in policy, and he explained that this C-N tract is located at a busy intersection along a major thoroughfare with highway-type traffic, and which would indeed constitute a unique situation. Mr. Kaiser stated that Anderson, Holleman and Wellborn are all classified as arterials in this City's plan. Mr. Hansen said that although that may be so, this intersection is not the same at all, and actually, this does not seem to be a neighborhood commercial location at all. Mr. Kaiser agreed with this last statement, adding that this should be a C-1 General Commercial zoning district in his estimation. Mr. Hansen said he does not want staff to think that fast food restaurants will be allowed in all C-N zoning districts; that the location of individual C-N districts should be taken under consideration, and this is a unique location at a major intersection. • Mr. Mayo pointed out that part of the reason staff believes fast food restaurants should not be allowed in neighborhood-business districts is because of the problems encountered with the fast food restaurants along Dominik in that there have always been problems with noise, lighting and traffic in that area even though the businesses have all tried to cooperate with the City in trying to control and solve the problems. Mr. Martyn stated he is concerned with precedent setting and the more times the same thing is "unique", the less unique it becomes. He added that he believes the City should try to limit uses to truly neighborhood businesses because if it becomes too general commercial in nature, it will attract too much traffic to a residential area, thus defeating the special purpose of the C-N district. George Riley pointed out from the audience that there is an existing restaurant on a tract adjacent to this one and Mr. Martyn said that the City should not add to an existing problem. Mr. Hansen said this tract has been limited by zoning and that he believes the proposed use is better than the zoning at this location. Mr. Pullen pointed out that the driveway on Wellborn will probably be access to only northbound traffic at some time in the future, and the southbound traffic will probably have to enter the project from Holleman. Mr. Brochu made a motion to approve this request subject to P.R.C. recommendations because of the uniqueness of its location next to Wellborn Road. • Mr. Martyn stated he would make a motion to amend that motion to prohibit use of banners, flags and pennants on the tract. There was no second to this amendment. 6 P&Z Minutes 3-21-85 page 7 • Mrs. Stallings seconded the original motion which carried by a vote of 3-Z with Martyn and Kaiser voting against the motion (Tongco absent). • AGBNDA ITEM N0. 6: 85-802: A public hearing on the question of granting Project Plan Approval for a proposed project in a C-N Neighborhood Business District located on Lot 17 Block 1 of the proposed Regency Square subdivision located at the southeast corner of Mellborn Road ~ Holleaan. Proposed project is a 10,000 square foot retail rental space. Applicant is Broach Oil Coapany. Mr. Mayo explained the request, stating that the revised plan that the Commissioners had received and which is on the wall reduces the area of the building to 9,000 sq. ft., that 30 parking spaces would be required for this building, that parking spaces for 27 vehicles have been provided in front of the building with the other 3 spaces for customer parking provided in the rear of the building, and that staff would recommend either development of a site plan with 3 more parking spaces in front of the building, or a reduction of square footage of the building to a dimension which would require only 27 customer parking spaces. Staff would also point out that the sign note had inadvertently been left on this revised plan and should be eliminated as no detached signs are allowed in C-N districts, and further, that the radii of drives at the corners of the building should be revised to allow access to the garbage trucks, and if left as shown, would not allow that access which is necessary. Staff would further recommend that the Commission specify the uses to be allowed in this building on this C-N zoned tract because it will help the developer market the spaces when he is ready. Mr. Kaiser said that uses, if stated, could include the statment "including, but not limited to", and then any other uses would have to come back before this Commission for approval. Mr. Martyn asked if staff would recommend another restaurant on this tract and Mr. Mayo said definitely not, and the retail food store which is listed as a permitted use in the C-N zoning district would be limited to a convenience type store, but definitely not include a restaurant. The public hearing was opened. Jack Cumpton came forward to speak in favor of this request, and stated that the required turning radius will be met, that the sign note will be eliminated, and further, that this plan being approved tonight is probably hypothetical and will probably come back to the Commission for approval and that the applicant would request that uses which are approved would be specific. Mr. Kaiser said that if the turning radii and the location of the required 3 parking spaces are changed, then the revised plan should come back before this Commission for approval. Mr. Mayo stated staff would recommend at least the uses of the property be approved and the site plan could come back at a later date. Mr. Hansen said the site plan itself could be tabled and the uses approved. Mr. Mayo concurred. No one else spoke. The public hearing was closed. Mr. Martyn made a motion to approve the uses on Lot 17 Block One Regency Square subdivision as listed in Section 5-I.Z. of Ordinance No. 850 and approve them separate from the site plan because the site plan provided does not meet the standards for parking in front of a building or the required turning radii around the building. Mrs. Stallings seconded this motion which carried unanimously (5-0). 7 P&Z Minutes 3-21-85 Page 8 • Mr. Brochu then made a motion to deny the site plan presented. Mr. Martyn seconded this motion which carried unanimously (5-0). AaSNDA ITBM N0. 7: Other business. Mr. Martyn asked when enforcement of the new sign ordinance would begin and Mr. Mayo replied that it went into effect on March 15, 1985. Mrs. Stallings asked staff how the study of the University Drive area was coming and Mr. Callaway replied that staff would probably be ready for another committee meeting sometime during the next week. AQBNDA ITBM N0. 8: Adjourn. Mr. Martyn made a motion to adjourn. Mr. Brochu seconded the motion which carried unanimously (5-0). APPROVED: ii' e H sen, Chairman • ATTBST: -------------------------------- Dian Jones, City Secretary • 8 PLANNING AND ZONING COMMISSION GUEST REGISTER DATE March 21, 1985 NAME ADDRESS ---, 3. 4. i~ 5. 6. 7. 8. 9. to. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. • 24. 25.