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HomeMy WebLinkAbout12/03/1987 - Minutes - Planning & Zoning CommissionMINUTES C CITY OF COLLEGE STATION, TEXAS Planning and Zoning Commission December 3, 1987 7:00 P.M. • MEMBERS PRESENT: Chairman Brochu, Members Moore, Colson, Dresser, Wendler and Stewart MEMBERS ABSENT: Member Sawtelle STAFF PRESENT: Director of Planning Callaway, City Engineer Pullen, Senior Planner Kee, Assistant City Attorney Banks and Planning Technician Volk AGBNDA ITBM N0. 1: Approval of minutes - meeting of November 19, 198?. Mr. Dresser pointed out that Mr. Colson is listed as both present and absent on the minutes, and suggested that the 3rd absent member was he, rather than Mr. Colson. Mr. Wendler made a motion to approve the minutes with that correction; Mr. Colson seconded the motion which carried by a vote of 5-0. (Dresser abstained). AGBNDA ITBM N0. 2: Hear visitors. No one spoke. AGBNDA ITBM N0. 3: 87-107: A public hearing on the question of rezoning Lots 1 & 2 Block B and part of Lot 2 Block A Haney- Highway 6 Addition from A-P Administrative-Professional to C-3 Planned Commercial. Applicant is William B. Loveless for owner, Gateway Joint Venture. Mr. Callaway identified the subject land on a plat on the wall, and described it as being approximately 3.721 acres which would bring all of the Haney-Highway Six subdivision into the C-3 zoning district. He explained that the subject lots are vacant with a Tenneco station to the west, single family dwellings adjacent to the north and a vacant tract to the east. He said that the Land Use Plan reflects the area as office commercial. He went on to explain this tract has been the subject of 7 rezoning cases in the past 11 years, 5 of which included C-1 zoning. He then pointed out that this request is the result of lengthy negotiations between the property owners and the area residents, and the agreement reached is for a reduction in the width of an electrical easement along the north side of the property, a deed restricted 30 foot wide greenbelt area along the side of the electrical easement, and the relocation of an existing 30 foot wide private access easement, which will result in a 70 foot wide area of easement, greenspace and access easement between the existing residences along Mile Drive and any structures in the commercial subdivision. He explained that the requested zone change represents an enlargement of an existing • C-3 area, and the change from C-3 to A-P does not represent a substantial increase in zoning intensity; and, although staff would typically express concern about locating a C-3 district adjacent to a single family residential area, in this case the applicant and the adjacent residents have worked out a proposal to address any potential adverse impacts. Finally, staff recommends that any approval of this • request be made contingent upon the filing of a plat which relocates easements as proposed by the applicant and the area residents. Mr. Callaway finished his report by informing the Commission that the plat being referred to is the one on the wall at this meeting, and will be on the agenda at the next meeting for the Commission's consideration. Mr. Brochu asked if the proposed width of the easements which total 70 feet came as a result of the reduction of the width of the electrical easement. Mr. Callaway replied that the 30 foot greenbelt, the 30 foot access easement and the reduced utility easement total the 70 foot separation. Mr. Brochu asked if the narrow utility easement will cause any problems, and Mr. Callaway replied that it will result in some difficulties in maintenance, however the utility departments are aware of this, and have taken the location of the existing single family development into consideration when reviewing the plat. Mr. Brochu asked if the plat could show the greenbelt as well as the easements, and Mr. Callaway replied that the plat to be considered is being prepared by the City for easements, but perhaps the greenbelt could be located and labeled, although the best way to handle it would be to include a note which refers to the documents of agreement which will be filed for record. Mr. Brochu said he is only concerned with trying to preclude future problems for the residents, and would like to have as much information in writing as possible. Mr. Callaway said an agreement has been prepared and signed which includes the time frame involved regarding the abandonment of easements, filing plats, rezoning, etc. • Mr. Brochu then asked about the possible sewer constrictions referred to on the staff report, and asked if they could be handled at P.R.C. Mr. Callaway replied that an offsite extension might be necessary for some commercial uses, but that can be handled in the future as is the case for many commercial developments. City Engineer Pullen agreed. The public hearing was opened. Gail Griffin, 108 Mile Drive came forward and identified herself as the spokesman for the Mile Drive residents. She explained all the meetings, negotiations, and the resulting agreements which had taken place, and then asked Mr. Callaway if the covenant agreement should be included as a condition of the platting or vice versa. Mr. Callaway replied that staff has recommended that any approval of this rezoning request be made contingent upon the filing of the plat which relocates easements as proposed by the applicant and area residents, and the agreement reached by the homeowners, subject landowners and the City calls for all of the events listed in the agreements to occur before any of the separate requests or agreements become effective or binding. Mr. Dresser asked if this covenant agreement being referred to is between private parties. Mrs. Griffin replied that is correct, and additionally, that the City has worked with all parties to iron out problems, as well as to replat the land with regard to relocation/abandonment of easements. Mr. Stewart expressed reservations regarding the involvement of the City. Mr. • Dresser stated it sounds like the aim is to reach simultaneous action. Mr. Wendler asked if rezoning of this land will be conditional, or will it be approved based on the assumption that a conditional use permit will be granted for some particular use. P&Z Minutes 12-3-87 Page 2 Mrs. Griffin explained, and then Mr. Callaway clarified by informing the Commissioners that at the next meeting, consideration will be given by them regarding • a change in the zoning ordinance which will add funeral homes to the list of Conditional Uses, but stated that the City has not received any specific application for any Conditional Use Permit on this property. Mr. Callaway then explained the terms of the agreement reached as he understands them. Bill Loveless, applicant and representative of Gateway Joint Venture came forward and stated that in his opinion the easement reduction and the greenspace shown on the plat are in the best interests of the area residents, adding that the combination of those areas with the 30 foot access easement will provide a sufficient buffer between the residents and any uses of the subject property. No one else spoke. The public hearing was closed. Mr. Stewart stated that he does not understand the necessity of the City getting involved in this with regard to deed restrictions and covenants. Mr. Callaway replied that the City is not really involved, and the document he referred to is a memorandum acknowledging the agreement between the parties, and what is referred to as "point #3" deals with utility and access easements. Mr. Brochu briefly spoke of the long history of rezoning requests which have caused many upsets over the years, as the pressures from outside sources to rezone the land to C-1 were made. Mr. Stewart said he is not opposing this arrangement, but he simply does not understand why the City is involved. Mr. Callaway repeated that the City is not involved in the agreement except with respect to coordinating the timing of the various requests, and that is the reason staff recommended that any approval • of this request be made contingent upon the filing of the plat relocating easements as proposed by the applicant and area residents. Mr. Wendler asked if the residents are agreeing to C-3 zoning only if a funeral home is built on it and Mr. Callaway replied that is not part of this request, or of the recommendation made by staff, but staff has no problem with the addition of contingencies on both the rezoning and the plat, reminding the Commissioners that the City will only have control over the plat. Mr. Brochu stated that he thinks that C-3 with the amount of buffer being included is probably better than even A-P development on the land in its present configuration, and because of all the past rezoning problems, he understands how the City became involved in the negotiations for these requests. Mr. Stewart stated that the City should not be involved in private agreements. Mr. Dresser said that it seems that the City is not really involved in the agreement between the private parties. Mr. Moore asked what would be the City's liability if the plat was not filed. Mr. Brochu explained that if all agreements were not finalized as the agreement states, the zoning will stay as it is now, so it will be no more of a problem than now exists. Mr. Dresser made a motion to recommend approval of this rezoning request contingent upon the filing of the plat which relocates easements as proposed by the applicant and the area residents, and also upon the filing of the private agreement between the private parties concerned. Mr. Moore seconded the motion which carried unanimously (6-0). • AdBNDA ITBM N0. 4: 87-?10: A public hearing on the question of granting a Conditional Use Permit for a Phase III parking P&Z Minutes 12-3-87 Page 3 addition at St. Thosas Aquinas Catholic Church at 8101 Bast Bypass. Applicant is Holster & Associates for owner, St. Thomas • Aquinas Church. Mrs. Kee explained the request is for an additional parking lot to be located on what was previously approved as a softball field. She located the tract, identified area uses and identified the area as being reflected as low density residential on the Land Use Plan with exception of the Westinghouse facility which is reflected as industrial. She explained that the church already meets the required parking, but has determined that additional parking will be necessary especially when the next building phase is completed. She also explained that the P.R.C. reviewed the project on 11-18-87 and recommended approval with certain conditions as listed in the P.R.C. report, which mainly require easements to cover existing utilities and clarification regarding island sizes and watering provisions for landscaping. She went on to explain that the required easements are now being prepared by the legal department from descriptions furnished by the applicant, and will be filed for record upon completion. She did point out that the agreement between the Westinghouse Corporation and the applicant regarding shared access has not yet been received by the City, but staff would recommend approval of this request with P.R.C. conditions, so all requirements would be covered and staff could review them prior to approval. Mr. Callaway interjected the statement that approval of this site plan/conditional use permit will not give the church access to the Westinghouse property. The public hearing was opened. Jim Holster, applicant representing the owner, St. • Thomas Aquinas Church came forward to explain that the old parking ratio under the previous ordinance is not adequate, so the church built the parking for phase II, but now has decided even more parking is needed to accommodate vehicles once phase II is actually built. He then explained that access has been taken to the Westinghouse driveway rather than to have an additional curbcut on the church's property, and the agreement is now at the Westinghouse Corporation home office for review and approval, and if an agreement cannot be reached, the church just won't build that driveway. He reminded the Commission that any agreement reached with Westinghouse will be subject to cancellation at any time due to the nature of the security of that facility. No one else spoke. The public hearing was closed. Mr. Dresser made a motion to approve this conditional use permit as proposed with P.R.C. conditions. Mr. Stewart seconded the motion which carried unanimously (6-0}. AGENDA ITHM N0. 5: 87-218: Final Plat (replat) - Southwood Plaza Phase One, Lot 3 Block 15. Mr. Callaway explained that this is actually an "as built" plat for the purpose of covering utility easements as they are on the ground. Mr. Stewart made a motion to approve the plat. Mr. Moore seconded the motion which carried unanimously (6-0). AGBNDA ITEM NO. 6: 87-219: Final Plat - Woodcreek Section Four. • Mr. Callaway located the subject land of this plat, explained that the final plat is consistent with a previously approved preliminary plat, that the land is being divided into 41 residential lots plus a lot which will be used for a recreation P&Z Minutes 12-3-87 Page 4 facility for the homeowners, and staff recommends approval as shown. • Mr. Wendler made a motion to approve the plat as shown. Mr. Colson seconded the motion which carried unanimously (6-0). AGBNDA ITEM N0. 7: Continuation of review of Goals, Objectives & Developsent Policies. Mr. Wendler distributed copies of the goals, objectives and development policies as proposed by him covering the environment section, and explained that he has made no changes from the proposed revisions made by staff following discussion earlier this year and last year by Council and the Commission. All present Commissioners were agreeable to Mr. Wendler's proposal. Staff was directed to include a discussion of the goals and objectives covering citizen participation At the next meeting. AGBNDA ITBM N0. 8: Other business. Mr. Brochu expressed concern regarding the graveled parking lot at the Aldersgate Methodist Church which has been developed without the permission or approval of this Commission, as is required for a change of a site plan for a Conditional Use Permit. He stated his main concern is that recently several churches have been required to include curbs and gutters on the parking lots being proposed, and now here is the large Aldersgate Methodist Church in the near vicinity to at least one of the churches, with a gravel parking lot which was built without coming before the Planning and Zoning Commission, as is required by ordinance. After lengthy • discussion by all Commissioners, staff was directed to monitor the situation on a regular basis, and if this lot is used regularly, staff should see that something is done about modifying an approved site plan without following the proper steps for approval of plans by this Commission. AGBNDA ITBM NO. 9: Adjourn. Mr. Stewart made a motion to adjourn. Mr. Moore seconded the motion which carried unanimously (6-O). APPROVED: Chair-David Brochu ATTEST: ------------------------- City Secretary, Dian Jones • P&Z Minutes 12-3-87 Page 5 PLANNItJG AND ZONING COMMISSION GUEST REGISTER • DATE D NAME ADDRESS T ,. ~~ i / ~ 3. 4. • 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 5. 6. 7. 8. ecember 3, 1987 ~~, ~~~, i ~~ ' ~' 9. 10.