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HomeMy WebLinkAbout12/20/1990 - Minutes - Planning & Zoning Commission~ ~ LJ M I N U T E S Planning and Zoning Commission CITY OF COLLEGE STATION, TEXAS 7:00 P.M. December 20, 1990 • • MEMBERS PRESENT: Chairperson Sawtelle, Vice Chairperson Dresser, Members Colson, Hall, and Michel:'~`~~~:~~ (Council Liaison Birdwell was in the audience.) i MEMBERS ABSENT: Member Gentry. STAFF PRESENT: Senior Planner Kee, Planning Technician Thomas, Asst. City Attorney Coates, Development Coordinator Volk, Planning Assistant Kuenzel, Asst. to City Engineer Morgan, Transportation Planner Hard, City Engineer Pullen, Asst. Director of Public Services Smith, and Landfill Manager Ridgeway. AGENDA ITEM NO. 1: Approval of Minutes - meeting November 15. Mr. Dresser moved to approve the minutes of the meeting on November 15, 1990 with the corrections stated by Chairperson Sawtelle. Mr. Michel seconded the motion which passed unopposed (6-O). AGENDA ITEM NO. 2: Approval of Minutes - meeting December 6. Mr. Dresser moved to approve the minutes of the meeting on December 6, 1990. Mr. Michel seconded the motion which passed unopposed (6-0). AGENDA ITEM NO. 3: A public hearing to consider a final plat of Raintree Subdivision Section Five on Wilderness Drive at the end of Butler Ridge Street. (90-223) Assistant to the City Engineer Morgan presented the staff report recommending approval with the PRC recommendations. The final plat as proposed eliminates the 9 lots as originally proposed for townhomes and creates one single lot. The proposed use is for a single family home located at the front of the property. With the lot remaining residential, the replat does comply with the City's comprehensive plan and is compatible with the surrounding planned uses. The lot dimensions do meet the minimum lot dimensions as set forth in the Zoning Ordinance. Proposed public improvements include • the elimination of the 6" water line extending into the property that was to serve the 9 lots as originally platted. Abandonment of the 10' utility easement along the access and parking easement and abandonment of the 20' utility easement along the northern edge of the property. Legal notice appeared December 5, 1990 with no response to date. Chairperson Sawtelle opened the public hearing. Seeing no one come forward to speak in favor of or opposition to the final plat, Chairperson Sawtelle closed the public hearing. Mr. Esmond moved to approve the final plat of Raintree Section Five. Mr. Dresser seconded the motion which passed unopposed (6-0) . AGENDA ITEM NO. 4: A public hearing to consider a final plat of Callie Addition - Lot 82, Block 6 of Southwood Terrace Section 3C on Ponderosa Road between Bahia Drive and Larkspur Circle. (90-222) Assistant to the City Engineer Morgan presented the staff report recommending approval with PRC recommendations and the removal of the note on the plat regarding R-1 zoning. Originally the subject tract was platted as one lot and the discussions were to accommodate a church site on the lot. The • lot is still vacant and the applicant would like to develop the property as single family residences. The final plat as presented does comply with the City's comprehensive plan. The surrounding area is zoned low density residential and would be maintained as such. The applicant currently has a rezoning request from R-1 to R-lA pending for this property. This rezoning is being proposed in order to comply with the minimum lot dimensions as stated in the Zoning Ordinance. The original plat, which included this lot, prohibited access on to Ponderosa Road. Although this one lot would be allowed to take access to Ponderosa, subdividing this lot and allowing all subdivided lots to take access to Ponderosa Road, given its function would not be desirable. Therefore, this plat creates a cul-de-sac, Callie Circle, which will provide access to the 6 lots. The offset between Brothers Boulevard and Callie Circle, as created by this new street, is approximately 90 feet. According to the City's Subdivision Regulations, the minimum centerline offset between two streets should be 125 feet. Although the location of Callie Circle does not meet this minimum requirement, it is not anticipated that the amount of traffic generated on this small cul-de-sac would create the traffic patterns to pose a significant traffic problem. Staff has looked at several alternatives presented by the applicant and has agreed that the plat presented is the best alternative. As part of this plat the proposed public improvements will include the extension of water line improvements, minor sewer line improvements and the construction of Callie Circle. Legal notice appeared on December 5, 1990 with 3 inquiries and no oppositions. Chairperson Sawtelle opened the public hearing. Mike McClure of 1722 Broadmoor stated that he and the owner were present to answer any questions or concerns of the Commission. He stated that the cul-de-sac plan presented is the best solution for the site since driveway access to Ponderosa is not permitted. Chairperson Sawtelle closed the public hearing. Mr. Esmond moved to approve the final plat of Callie Addition subject to the removal of the note concerning R-1 zoning. Mr. Colson seconded the motion which passed unopposed (6-0). AGENDA ITEM NO. 5: Reconsider rezoning of Lot 82, Block 6 of Southwood Terrace Section 3C located on the south side of Ponderosa approximately 300 feet east of the intersection of Ponderosa and Rio Grande Drive, from R-1 Single Family to R-lA Single Family. (90-110) Senior Planner Kee presented the staff report recommending approval of the rezoning rather than having the applicant seek a variance since there is a zoning district available that • would address the problem to lot size. The request is in compliance with the land use plan and is necessary to avoid having to seek a variance as configuration of the property forces two of the lots to have slightly less than the minimum depth required in the R-1 zone. The R-1A zone does not have minimum width or depth requirements and allows more flexibility in lot design. The applicant has looked at several different designs and all result in lots with inadequate depth for compliance with the requirements of the R-1 zone. All lots will exceed the minimum lot area required in both the R-1 and R-1A zones. The average lot area of the existing lots in Southwood Terrace 3C is 7,730 square feet; the average lot area of the proposed lots is 10,339 square feet. The petition presented was signed by 41 property owners; 21 own property within 200 feet of the proposed rezoning; 20 own property outside 200 feet of the proposed rezoning. City Council will have to pass the rezoning with a 3/4 majority vote because 540 of the land owners within 200 feet signed the petition in opposition to the rezoning. Thirty nine property owners were notified of the request. Chairperson Sawtelle opened the public hearing. Seeing no one come forward to speak in favor of or in opposition to the rezoning, she closed the public hearing. Mr. Esmond stated that the concerns presented in the petition were addressed in the staff report and the goals of the concerned residents would be achieved by the rezoning. Mr. Michel agreed with Mr. Esmond and commended staff on their excellent work in addressing the issues of concerned residents. Mr. Dresser moved to approve the rezoning of Lot 82, Block 6 of Southwood Terrace Section 3C. Mr. Michel seconded the motion which passed unopposed (6-0). AGENDA ITEM NO. 6: Consideration of a temporary parking lot plan for Sneakers located at 504 Harvey Road. (90-428) Senior Planner Kee reported to the Commission the recommendation of approval by the Design Review Board of phasing the proposed temporary parking lot and allowing some of the lot to have a temporary surface for one year with the following conditions to be included as part of Phase I: (1) Install parking lot lights for the entire lot. (2) Provide a landscape screen along Highway 30. (3) Provide curbing along frontage of Highway 30. (4) Barricade around the group of trees at the north corner of the property. (Barricade note • on plat is not adequate.) (5) Improve or dedicate the area (as defined in the Wolf Pen Creek Master Plan and Zoning Ordinance) remaining on Sneaker's property and all of the adjacent property if any is used for parking. (Still need owner's assurance of the dedication.) (6) Provide the owner's assurance that at the end of one year if the lot is not fully brought up to code, then the lot will be removed and the area resodded. (Still need owner's assurance.) (7) Clearly indicate on site plan that the above items will be completed in Phase I. She explained that temporary parking lots were intended for facilities that have the required amount of parking but need additional spaces. Sneaker's proposal will bring the project up to code in the first phase of development. This item is before the Commission because it is a project in the Wolf Pen Zoning District where it is required that the Design Review Board make a recommendation to the Commission as well as the fact that all requests for temporary overflow parking lots are to be considered by the Commission. Chairperson Sawtelle asked if the Commission could request pavers as suggested by Mr. Esmond in the PRC report. Senior Planner Kee answered yes; however the pavers are not cost-effective for the applicant because they are as expensive as applying an asphalt surface. Mr. Dresser asked how the Commission could be assured that all requirements would be met at the end of one year; adding that if the temporary parking lot plan was approved, the applicant could return at the end of the year and request another permit for a temporary parking lot if the proposed lot was not completed. Senior Planner Kee informed the Commission that the requirements presented could be enforced through letters to the applicant, City Council, and municipal court fines. The only alternatives that the applicant has after one year is to pave the temporary parking lot or completely remove and re sod the site. Chairperson Sawtelle stated that the post oak trees located on the lot were in jeopardy due to the illegal parking occurring on the lot and pointed out the difficulty of replacing the trees if the lot does not become permanent. • Senior Planner Kee stated that the Design Review Board required the applicant to place a barricade around the trees in the north corner until development of the final phase; and the 10' barricade shown on the site plan is not adequate. She said the entire section should be barricaded by a distance determined by the landscape table L-1 of the Zoning Ordinance. Mr. Hall asked if the Commission could require an assurance bond to guarantee the project's completion within the one year time period. He also expressed concern for the need of additional handicap parking. Senior Planner Kee said that she was not sure if the Commission could require an assurance bond; however, the development agreement could include the same specifications. Existing handicap parking should be adequate, but will confer with the building department for requirements. Chairperson Sawtelle opened the public hearing. Don Garrett of 4444 Carters Creek Parkway informed the Commission that the applicant is willing to submit a bond covering the landscaping. The bank that owns the land needs approval from the Commission before they will consider a lease or sales agreement. Since the entire area of the trees in the north corner will be barricaded, the applicant requests that curbing along Highway 30 not extend the length of the property in order to protect the roots of the post oak trees. Mr. Garrett stated that the applicant intends to create a permanent parking lot and may be able to install phases 1 and 2 initially depending on financial obligations. He requested conditional approval of the parking lot plan subject to the recommendations outlined by staff. Design Review Board member David Brochu approached the Commission to answer any questions or concerns. Mr. Dresser asked Mr. Brochu if the buffer along Harvey Road was too extreme or elaborate. He also asked if the cluster of trees in the North corner could be preserved permanently by relocating the parking lot closer to the creek. Mr. Brochu stated that the Board would like to see more creative screening; however, the Board's main concern is the establishment of precedence for other projects in the Wolf Pen Creek Corridor. The Board unanimously agreed that if the temporary parking lot request was for a new project, it would be denied; but the Board agreed that in this case, it should compromise to solve an existing problem. He stated that the lot would be permanent in nature because screening and light fixtures would be initially installed. Pavers are not cost- effective and would be permanent therefore in conflict with the temporary nature of the lot. Mr. Brochu informed the Commission that he felt the applicant was making an honest attempt to comply with City requirements and solve an existing traffic safety hazard. Mr. Garrett stated that much of the parking lot would be in the reservation line if it was relocated closer to the creek. He said that approximately 3/4 of the property (7 - 10 acres) would have to be dedicated. He suggested that because the trees along the creek would be preserved through dedication, the cluster of trees in the north corner could be destroyed. Mr. Hall moved to deny the request for a temporary parking lot at 504 Harvey Road. The motion died due to lack of a second. Mr. Dresser stated that he approves of a temporary parking lot plan because the first phase will bring the applicant in compliance with the Zoning Ordinance. The plan submitted is far above the standards for a temporary parking lot. He said that the applicant is making an honest attempt to bring the property and business up to current standards. Mr. Dresser stated that he did not like the change of use from a restaurant to a night club which had taken place. He also pointed out the proposed plan is incorrect because it does not show the required barricades. Mr. Dresser added that if this proposal is approved, he would like the applicant to appear before the Commission at the end of one year to see if all requirements have been met. Mr. Brochu explained to the Commission that the Design Review Board requested a more permanent parking lot plan instead of the temporary plan initially submitted, adding that the Board was reluctant to approve a temporary parking lot without knowing how the permanent lot would be developed. The Board wanted to know how the permanent lot would impact the land and the assurance that a permanent parking lot would be installed. Mr. Garrett informed the Board that if the bank was willing to dedicate the land, the applicant will be determined to finish the project. Chairperson Sawtelle closed the public hearing. Mr. Esmond moved to approve the temporary parking lot plan at 504 Harvey Road. Mr. Michel seconded the motion. Mr. Hall expressed concern of creating another "Mud Lot". In one year, the Commission will be in the same situation if the applicant does not own the land. By approving a temporary parking lot in the Wolf Pen Corridor, a future precedence is being set. The gravel will permanently damage the post oak trees. Mr. Hall suggested tabling the item until the applicant could gain more information from the bank concerning land dedication and ownership of the lot. • Mr. Dresser stated that the design of the lot would be acceptable for a permanent lot. The size, islands, curbs, screening, etc are all above City standards. The motion failed by an even split vote (3-3). Members Colson, Sawtelle, and Hall voted against the motion and members Dresser, Michel, and Esmond voted for the motion. AGENDA ITEM NO. 7: A public hearing for consideration of a Conditional Use Permit for a night club, Daquiries, Inc. located at 329 University zoned C-NG in the Northgate area. (90-715) • Assistant Planner Kuenzel presented the staff report recommending approval. As of May 1990, night clubs are listed as Conditional Uses in all commercial districts. When a new establishment is found to rely primarily on the sale of alcoholic beverages by the drink for its business, the proprietor of that establishment must seek and obtain a Conditional Use Permit. The PRC reviewed this project on December 5, 1990. Of the three voting members, the Engineering and Planning representatives had no objection to the proposal. The Planning and Zoning Commissioner voted against the establishment because he felt enough of this type of business already exists in this area. Twenty seven property owners were notified with no response. • Senior Planner Kee informed the Board that the PRC handles all landscaping requirements in the Northgate area. The applicant did not submit a formal drawing at the PRC meeting on December 5, 1990. When the applicant applies for a building permit, landscape drawings will be required. Mr. Hall asked about the parking requirements for high density businesses in the Northgate area. Senior Planner Kee stated that the PRC has discussed requesting a traffic impact study in the Northgate area; however, there are no current parking requirements. Chairperson Sawtelle opened the public hearing. Abdel-Monti Mohammad of 605 Fairview informed the Commission that the establishment would not be a night club. The use would be much like the old Farmers Market with pool tables, games, sandwiches, snacks, and daquiries made of wine. Chairperson Sawtelle closed the public hearing. Mr. Esmond expressed concern to the. area being a pedestrian hazard and conditional use permits in the Northgate area should be handled on a case by case basis. • Mr. Dresser moved to approve the conditional use permit of Daquiries located in the Northgate area. Mr. Colson seconded the motion which failed 4 - 2. Members Sawtelle, Hall, Esmond, and Michel voted against the motion while members Dresser and Colson voted for approval. AGENDA ITEM NO. 8: A public hearing for consideration of a Conditional Use Permit for an office building at the Sanitary Landfill located 2.5 miles south of Highway 6 on Rock Prairie Road. (90-714) Assistant Planner Kuenzel presented the staff report recommending approval with the PRC recommendations. The office building will be located across from the existing weighing station. Two property owners were notified with no response to date. Mr. Dresser stated that the crossing of utility easements was not corrected on the site plan. Assistant to City Engineer Morgan informed the Commission that the crossing of utility easements are subject to change, adding that an engineer is currently working on relocating the easements. Chairperson Sawtelle opened the public hearing. Mr. Jim Ridgeway, City of College Station Landfill Manager, informed the Commission that the current facilities are temporary in nature. The proposed office building would be an improvement which would make the site more pleasurable and safe. A temporary modular building will be set in place with exterior masonite siding. A permanent structure would be a waste of money due to the limited 12 year operation. One set of scales will remain and one new set will be bought to improve the safety and traffic flow of the site. A smaller building will be placed between the 2 scales for operation. The water line will extend to Rock Prairie Road if the City feels they could use it as a transmission line. Assistant to City Engineer transmission line will serve outlined in the Land Use Map. Morgan stated that the 8" the future developed areas Mr. Esmond expressed concern over the water line not being placed in the public right-of-way for future public use, suggesting the line should be made larger to serve the surrounding developing areas. Mr. Colson moved to approve the conditional use permit for an office building at the Sanitary Landfill. Mr. Dresser seconded the motion which passed unopposed (6-0). • AGENDA ITEM NO. 9: Discussion of the proposed Brazos Valley Masonic Library and Museum. Senior Planner Kee informed the Commission of the history and use of the proposed Library and Museum. She recommended the approval of a conditional use rather than requiring C-1 zoning. The list of Conditional Uses in the Zoning Ordinance includes community buildings, public libraries, and churches. Private fraternal lodges are listed as a permitted use in the C-1 General Commercial District. Pete Normand, a representative of the Brazos Valley Masonic Library and Museum Association, informed the Commission of the intentional use of the facility. The structure will be more residential in style with three major meeting rooms that will contain books and museum cases. Meetings will be educational in nature such as planetarium shows, laser light displays, etc. The library will contain information on Free Masonry and its roll in western culture, archaeology, mathematics, and Operative Masonry. Chairperson Sawtelle stated that she wanted it to be clear that the establishment will be a library and museum and not a fraternity hall. She said that the Commission should be assured that all organizations will have access to the • facilities. Mr. Normand suggested the Commission stipulate in the conditional use permit which types of meetings are allowed and which are not. He asked the Commission to consider the facility as a library and museum and not base its decision on the type of organization. AGENDA ITEM NO. 10: Presentation of the Bryan-College Station long range transportation plan and study. This item was withdrawn from the agenda. Chairperson Sawtelle asked that all members read the Transportation Plan before the next meeting and be prepared to offer comments or suggestions. AGENDA ITEM NO. 11: Discussion of requiring lien holders to sign all replats before approval by the Commission. Senior Planner Kee informed the Commission of the request by Mr. Rowan of First City Texas to require the signature of the lender prior to approval of any final plat, amending plat, or replat. City Attorney Locke agreed that it was a good idea. The Commission should consider if it would be in the protection of public health and should the City be responsible for notifying the lender. • Mr. Colson said that the City should not have to have authorization of the lender prior to the approval of a final plat, amending plat, or replat. The City should not be responsible for business between the developer and the bank. Members Sawtelle, Hall, and Esmond agree with Mr. Colson. Council Liaison Birdwell stated that the lender has protection through legal documents and the releasing of clear title. The City should not have the burden of notifying the lender. AGENDA ITEM NO. 12: Other business. Mr. Dresser stated that the Commission should take a clear stance on whether or not to allow conditional use permits for night clubs in the Northgate area. The Commission should be up front and be able to give the applicant alternative locations and uses. Chairperson Sawtelle said the Northgate area is already a pedestrian hazard and proposed night clubs could be located somewhere else. She agreed that the Commission as a whole would need to take a stance, and the primary purpose of the business should be considered in each case. Mr. Dresser stated that an establishment benefiting primarily from alcohol drink sales is not appropriate along University Drive. He also expressed concern about the parking problem at Sneakers not being solved. Mr. Colson said that he would like to see a permanent lot in the Wolf Pen Creek Corridor instead of a temporary lot. He added that the Design Review Board should establish an architectural scope such as rock walls, wrought iron, etc. Mr. Hall stated that the applicant is not complying with what he committed to originally. The parking lot should be permanent because the damage to the vegetation will be permanent. He added that the applicant created the traffic hazard when he changed the use of the building. Mr. Esmond stated that there are no other alternatives for the site. The applicant will be forced to go back to the original use, a restaurant. If the Commission will not allow a temporary parking lot, that section of the ordinance should be deleted. Senior Planner Kee explained to the Commission that an ordinance could not legally require property owners, i.e. the bank in this case, to enforce their trespass rights. Instead, nuisance complaints could be filed. AGENDA ITEM NO. 13: Adjourn. • Mr. Colson moved to adjourn the meeting of the Planning and Zoning Commission. Mr. Dresser seconded the motion which passed unopposed. APPROVED: '; -,-- CYiairman, 'Nancy Sawtelle ATTEST: City Secretary, Connie Hooks PLANNING AND ZONING COMMISSION GUEST REGISTER • DATE O NAME ADDRESS 2. 4. 5. 6. ~) . 8. 9• 10. il. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25.