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HomeMy WebLinkAbout07/16/1987 - Minutes - Planning & Zoning CommissionMINUTES • CITY OF COLLEGE STATION, TEXAS Planning and Zoning Commission July 16, 1987 7:00 P.M. MEMBERS PRESENT: Chairman Brochu, Members Moore, Colson, Dresser, Sawtelle, Wendler and Council Liaison Gardner MEMBERS ABSENT: Member Stewart STAFF PRESENT: Director of Planning Callaway, City Engineer Pullen, Zoning Official Kee, Assistant City Attorney Banks and Planning Technician Volk AGENDA ITBM NO. 1: Approval of minutes - meeting of July 2, 1987. Mrs. Sawtelle made a motion to approve the minutes. Mr. Dresser seconded the motion which carried unanimously (6-0). AGENDA ITBM N0. 2: Hear visitors. No one spoke. • AGENDA ITBM N0. 3: 87-105: A public hearing on the question of rezoning Lot 2A Courtyard Apartment Subdivision (601 Harvey Road) from C-N Neighborhood Business to C-3 Planned Commercial. The applicant is H. A. (Hank) Taylor. Mr. Callaway identified the tract of land, described area zoning and existing uses, including the fact that the subject tract is now vacant. He explained that although the area is reflected as high density residential, this tract is already zoned C-N neighborhood business and a use and site plan have previously been approved for the land. He summarized his report by stating that this request does not provide for a substantial change in zoning intensity, that the requested zoning is compatible with adjacent zoning and land uses and that staff finds no objections to C-3 zoning at this location; and, in fact had been identified as an alternative to C-N when the current zoning was established in 1985. Brief discussion followed regarding construction activities which ai•e currently underway on the tract with Mr. Dresser finally asking Mr. Callaway exactly why this rezoning is being requested. Mr. Callaway replied that the owner/applicant has decided he would prefer to have a detached or freestanding sign, and the ordinance precludes freestanding signs in C-N districts. The public hearing was opened. The applicant, H.A. (Hank) Taylor came forward, stated he had nothing to add to Mr. Callaway's report, and offered to answer any questions. Mr. Dresser stated that as he recalled when the use and site plan were reviewed and approved at an earlier meeting there was some lengthy discussion of the regulations of the ordinance as it applies to freestanding signs. Mr. Taylor stated • that as he understands the ordinance, there does not seem to be a strict list of uses allowed in C-N districts, and his use was specifically approved by this Commission, and now he is asking for a slight upgrade in zoning to allow a detached sign at this approved business. Mr. Brochu replied that there is a very limited list of uses allowed in C-N districts, and since his proposed use was not included in the list, it • had to be very carefully considered by the Commission, and additionally a C-N district only allows attached signs. Mr. Moore asked Mr. Taylor what his franchise requires and Mr. Taylor replied that he is requesting a zoning change to allow a detached sign. Mr. Dresser stated he is not absolutely certain he agrees that this is such a slight: change because there are occupied apartments within only a few feet of this tract, and also, when this request initially came in, lengthy discussion had taken place as to whether the proposed use was actually a use to be allowed in a C-N district, and finally the use and site plan were approved and the applicant accepted what had been approved. Now if this is a commercial business as the Commission is being informed tonight, which requires a commercial sign, perhaps someone is playing games with the zoning ordinance. Mr. Brochu stated he agrees with Mr. Dresser to some extent, but the project is now under construction and therefore not speculative, and C-3 districts still have limited uses. Mr. Dresser stated that is correct, but C-3 is not as restrictive as C-N. After additional general discussion regarding the proximity of this business to the apartments, Mrs. Sawtelle asked about screening. Mr. Taylor replied there will be a wooden fence, and added that a sign would be no worse next to these apartments than a business. Mr. Dresser stated that this Commission is not considering a sign, but rather is considering a zone change for a particular piece of property. Mr. Brochu agreed and reminded the Commissioners that they should all consider what uses are • allowed in a C-3 district. Mrs. Sawtelle made a motion to approve the requested zoning change. Mr. Dresser reiterated his opinion stated earlier. Mr. Moore seconded the motion to approve the request and the motion carried by a vote of 5-1 (Dresser against). AGENDA ITBM N0. 4: 87-703: A public hearing on the question of granting a Conditional Use Periiit for a church and private school facility to be located on a 4.5 acre tract of land in the 700 block of Anderson on the southwest side of the street. The applicant is Grace Bible Church. Mrs. Kee explained the request as presented by the applicant. She located the tract of land which is adjacent to and north of Anderson Park, adding that in fact, this tract is used by the City as part of the park, but it is not owned by the City. She identified area uses and zoning, reminded the Commission of the provisions in the ordinance under which Conditional Uses Permits are considered, and stated that the P.R.C. reviewed the project and recommended approval with certain conditions. She then said that several neighboring property owners had called and expressed concern about screening, drainage and the possible overflow parking onto Anderson. The public hearing was opened. Joe Blaschke, 3807 Holly Drive, Bryan, came forward and identified himself as a representative of the church and explained that the current owner of the land is the Catholic Diocese of Austin, and his church has plans to purchase this tract if the Commission grants this Conditional Use Permit. He stated that the City has an agreement with the Catholic Diocese regarding use of this • tract as part of Anderson Park, and assured everyone that his church will continue to honor that agreement until construction of the proposed facilities begins. He explained that the school will not be operated by the Grace Bible Church, but rather P&Z Minutes 7-16-87 Page 2 will be leased to the Brazos Christian School and has been sized to accommodate that • school's future needs, adding that if agreement cannot be reached between those two entities, the educational building for church usage only will be smaller than that shown on the site plan. • Mr. Blaschke continued his explanation of the request by pointing out that the site plan as presented is shown as maximum build-out, as he was advised to show, and that the church, in fact does not know at this time how many years it would take to complete this project, nor exactly how many buildings will actually be built. He then addressed the actual plan and explained that the church has no problem if additional screening is required between this facility and the adjacent residential development since the church wants in all instances to be a good neighbor. He pointed out that Village Drive will not be extended and that plans include detention ponds to handle the "25 year storm", with all drainage to be detained on the property, with controlled discharge to locations in the parkland and the street, both which will be able to handle that amount of discharge according to studies which have been made. Discussion followed concerning what might be a reasonable buffer to this project, the number of parking spaces which are being provided, impact of this proposed facility on the traffic in the area, membership of the church, and what guarantees will be made that the lot across Anderson will continue to be used for parking for this facility. Chairman Brochu then invited anyone else who was in favor to come forward to address the request. No one came forward. He then invited anyone who was opposed to the request to come forward to voice his concerns. The following people came forward, one at a time, to voice opposition to the request: Dr. Gregory Shipley, 1405 Skrivanek Christopher Mathewson, 1307 Glade (owns Johnere Marchbanks, 1407 Skrivanek Robert Veck, 1406 Summer Court John Reagor, 1400 Village Drive Ron Carter, 1308 Leacrest Sue Stecher, 1404 Skrivanek John Austin, 1405 Village Drive Jerry Mercer, 1401 Village Drive Mike Vasquez, 1305 Timm Those people indicated they have the following concerns with this project: Loss of existing parkland Impact on what is left of Anderson Park Guarantee that land across Anderson (existing Grace Bible Church facilities) will not be sold Amount of development/construction of proposal (tract being over-built} Natural buffer as opposed to screen fence On-street parking problems Too much activity on tract (church acceptable., school not) L~ Use of park by school children - no playground included for school on-site property at 1314 Timm) Safety factor of drainage detention ponds Additional screening along south of project Aesthetic appeal of proposed facilities to existing structures P&7. Minutes 7-16-87 Page 3 Dead-ending Village Drive precluding access by emergency vehicles Extending Village Drive increasing traffic through existing residential • neighborhoods (preference for Cul-de-sac rather than dead-end with sign) Location of parking lot to rear, adjacent to homes causing additional drainage problems to an already problem area Development of site so close to existing homes gives appearance of a business which will be in operation 7 days a week Location of solid waste containers adjacent to residences both unsightly and unhealthy Preference of landscaped barrier at end of I,eacrest to discourage use of that street for parking lot with access to church facilities on foot Possible lowering of property value of residences Positioning of all buildings so close to residences (move buildings closer to Anderson) Additional traffic on neighborhood residential streets causing hazard to area children Too many school children planned on so small a tract Mr. Blaschke then asked to be allowed to address some of these neighborhood concerns, and was invited to do so. He stated the detention ponds are designed to drain in matter of minutes, so should create no safety or health hazards, adding the purpose is to meter water into existing storm drains at a rate which would not increase what is currently flowing during a storm. He stated that Grace Bible Church is primarily concerned with finding out whether or not a use permit will be granted for a church on this tract, adding that if the school and gymnasium are a problem, they could be eliminated from the plans. He said the church will provide whatever buffering the City requires, adding that it only wants to be a good neighbor and does not want to • cause hard feelings among residents. He said that maximum development was included on these plans because the church had received those instructions, but that money will definitely be a problem and no target date has been set for either construction or completion of the project. He added that the buildings do not take up more than 22X of the tract so fall well within accepted standards. He assured the public that: the parking lots would be open for use by anyone on Saturdays. He informed everyone that he could not indicate what might take place at the end of Village, but said it would certainly be whatever the City requires. He finalized by stating that he is aware that drainage in the area is now a problem, but stated it will be handled for this project in a professional manner, and will certainly be no worse than it currently is, and will probably be better. No one else spoke. The public hearing was closed. Mr. Dresser asked Council Liaison Gardner if the City has considered acquiring this tract for use as a park and Mr. Gardner replied that he does not know and that the Parks Board could better address the question. Mr. Callaway stated that the Parks Department has been aware of the availability of this tract for some time. Mr. Wendler reminded everyone that the Commission must decide whether the proposed development will be appropriate on this tract. Mr. Wendler went on then to address the proposal and the concerns which had been voiced, stating that the Commission could recommend that the solid waste containers be moved to another location, that additional screening should be added to help stem the flow of traffic through the neighborhoods, that a fence should be included along the parking area with a landscaped greenspace to be located between that fence and the houses to the rear, and added that he does not think a cul-de-sac would be the best treatment for ending the street and that some other type treatment would be better. P&Z Minutes 7-16-87 Page 4 Mr. Brochu stated that the speakers who voiced opposition do not seem to oppose the • church, but rather oppose the plan, the intensity of it and the school, so perhaps each of the items should be addressed separately by the Commission in considering the Conditional Use Permit. He explained that the use for a church could be approved and the site plan could be denied. Mrs. Sawtelle agreed the proposal should be dealt with as though each part was a separate request. Mr. Moore agreed. Mr. Brochu said there seems to be no problem in considering the use only at this meeting and perhaps the site plan could come back for review at another meeting as a public hearing with notification of that meeting made to the same people notified for this meeting, but by regular rather than certified mail. He suggested that if this was the action taken, it might be a good idea if the church would meet with the neighbors in a separate, small meeting to iron out some of the problems prior to the public meeting. Mr. Dresser stated that he would be in favor of granting a Conditional Use Permit for a church to use this site, but he is not sure what direction to give the applicant beyond that because he is concerned as to whether or not it is proper for the school to use the public park on a regular basis. Mr. Brochu said he agrees, and believes that a school should provide land for use by the children attending the school. Mr. Dresser stated he would be in favor of recommending approval of the use of this tract for a church, denying the site plan and recommending that the applicant work with the neighborhood to resolve some of the concerns and problems addressed during this public hearing. Mr. Wendler asked if it would be possible to approve the church without eliminating the school to allow additional planning by the applicant after meeting with the neighborhood residents. • Mrs. Sawtelle made a motion to approve the Conditional Use Permit for a church to be located on the 4.5 acre tract of land in the 700 block of Anderson on the southwest side of the street and to table the site plan and requests for school facilities at this time, with renotification of the same people by regular mail of the meeting when it would be removed from its tabled position. Mr. Dresser seconded the motion. Mr. Colson asked if we are asking the applicant to alter what he has proposed. Mr. Brochu stated that is the case. Mr. Colson said he has trouble with that in that the suggestions were made in relation to the site plan but not with the buildings. Mr. Brochu stated suggestions were made to relocate the buildings, that the buildings as shown on the plan are conceptual in nature only, and there have been concerns voiced at this meeting which the applicant must address. He finalized by explaining that this Commission is charged with protecting the integrity of the neighborhood, and the concerns voiced at this meeting certainly fall into that category. Votes were cast on the motion as stated above and the motion carried by a vote of 5-1 (Colson against}, AGENDA ITBM NO. 5: 87-208: Final plat - Episcopal Church Tract A, Crawford Burnett League. Mr. Callaway identified the subject tract being platted and stated staff recommends approval of the plat with Presubmission Conference conditions. He pointed out that the original of the plat was accepted without the owner's signature which is in conflict with past P&Z rules, but explained it was done by mistake and would be • handled however the Commissioners direct. Mr. Dresser made a motion to approve the plat with Presubmission Conference P&Z Minutes 7-16-87 Page 5 conditions and with the condition that the appropriate signature(s) are affixed prior to filing for record at the Courthouse. Mr. Wendler seconded the motion which • carried unanimously (6-0). AGBNDA ITBM N0. 6: Continuation of Review of Goals, Objectives and Development Policies. Mr. Callaway explained this agenda item has been included in order to permit discussion should anyone have anything to discuss. No one did and Chairman Brochu moved to the next item. • AGBNDA ITBM N0. 7: Other business. Discussion followed regarding when the Commissioners would prefer to take the tour of City facilities. It was agreed that the last week in August would be the best time. Mr. Brochu suggested that all Commissioners take the time to go look at a "greenbelt" type of screening which seems to be very effective and is located behind Post Oak Square. The City's drainage requirements for proposed projects was briefly with Mr. Pullen explaining the policy in effect is through practice only and that no ordinance has been passed addressing drainage standards to date. Mr. Dresser then asked how to go about handling dilapidated buildings in the City and Mr. Callaway explained that suspect buildings are brought before the condemnation board on a complaint basis, with complaints being filed with the Building Official to begin the process. AGBNDA ITBM N0. 8: Adjourn. Mr. Colson made a motion to adjourn. Mrs. Sawtelle seconded the motion which carried unanimously (6-0}. APPROVED: 1 .~ Chairman, David Brochu • ATTEST: --------------------------- City Secretary, Dian Jones P&Z Minutes 7-16-87 Page 6 PLANNING AND ZONING COMMISSION • GUEST REGISTER NAME r' ~ s"' sA" Y~ ~ \ 4. , 5. ~:. r 6 . ^~.. ~ ,~~,,r: ~ ~ ~ E ' ~, ~.~` z , ~. 7. ~. 8. _ . ~ ~ ~ P .s y~ ~d ...= 1 9 . ~~., t~' ~~, ~. .~ .r ~_. ~ ~~: 11 ~~ ~ ~ ~ ~ 12. y,.r~~ y,.. ~, ~rr..~~r~,~~ 13. ~ ~. ~ ,~. , , 1~ ti h~ 14. 15. 16. 17. 18. 19• 20. 21. 22. 23. 24. DATE July 16, 1987 ADDRESS ~ r i ~~.~ , /, ~'; ; ;.~ , r: f 25.