Loading...
HomeMy WebLinkAbout02/01/1990 - Minutes - Planning & Zoning Commission® MINUTES CITY OF COLLEGE STATION, TEXAS Planning and Zoning Commission February 1, 1990 7:00 P.M. MEMBERS PRESENT: Chairman Sawtelle, Vice Chairman Dresser, Members Colson, Davis, Esmond, Gentry and Michel MEMBERS ABSENT: None STAFF PRESENT: City Planner Callaway, Senior Planner Kee, City Engineer Pullen, Assistant to City Engineer Morgan, Assistant City Attorney Banks, Development Coordinator Volk, Planning Technician Rosier. AGENDA ITEM NO. 1: Approval of minutes - meeting of January 18, 1990. Colson motioned for approval of the minutes as submitted. Esmond seconded the motion which carried unanimously. (7-0) AGENDA ITEM NO. 2: Hear Visitors. ® No one spoke. AGENDA ITEM NO. 3: 89-306: Reconsideration of a Master Preliminary Plat - Emerald Forest Phases 8, 9, 10, & 11. City Planner Callaway explained that the plat was tabled on 1- 4-90. At that time, the Commission asked that Staff conduct a study and report on four specific items. He listed these items as follows: I. Whether the collector shown along the north boundary of the plat (North Forest Parkway) needs to be reflected on the Thoroughfare Plan and if so, what the exact location should be. II. The impact of truck traffic to and from the Waste Water Treatment Plant (WWTP) through the existing neighborhood. III. The impact of the WWTP on future residences shown on this plat, implications for future permits for plant expansions and whether buffering is appropriate. IV. Acceptable access for emergency and sanitation services Mr. Callaway proceeded to address the above mentioned items. ® I. In regard to the collector street shown on the Thoroughfare Plan, he stated that staff review determined that there is ® latitude as to exact location. Mr. Callaway said that development timing is an important factor that impacts the location of streets. He further explained that the impact studies submitted by the developer indicate that there is adequate capacity on Emerald Parkway to handle the traffic generated by this subdivision. Mr. Callaway said that this finding is based on the street width of Emerald Parkway and traffic projected from this subdivision. He warned the Commission that this was not an analysis based on turning movements onto/off of the street, nor was it based on future traffic as a result of through traffic. Mr. Callaway stated that Staff cited "needs" other than the relationship of traffic volume to street capacity that may dictate a need for a street. These needs were detailed in the staff report. Some examples cited by Mr. Callaway were: 1. Dispersal of traffic as it impacts street systems and/or the neighborhood. 2. Alternate routes provided for routine services as well as emergency services. Iv. Mr. Callaway noted that comments which relate to this item were attached to the staff report in memorandum form. He said that these comments expressed the following: concern about response times to the area by emergency services. - comments which suggest that improvement to response times could result by the provision of an alternate route into/out of the area. - concerns about this large area being isolated from emergency service if something occurred which would block Appomattox Drive (ie: flooding, gas leak, ...) Evacuation routes out of the area would also be hindered by such an occurrence. Mr. Callaway stated that an alternate route would provide for access by residents of this subdivision should Appomattox Drive be disrupted for any reason (ie: emergency, street maintenance). City Planner Callaway said that the issue of a 2nd access into/out of a subdivision as a condition for approval of a plat, is a new issue for Staff. This issue resulted from discussion at a City Council meeting in November, 1989. He stated that the staff report concludes that the type of access which would be provided by the collector street is preferred. II. In response to the impact of truck traffic to/from the WWTP on the neighborhood, Mr. Callaway said that staff projects that the impacts from this traffic and the volume of traffic will P&Z minutes 2-1-90 page 2 increase in the future. He stated that these projections were based on increased number of trips to/from the WWTP as increase in capacity occurs. Callaway stated that an increase in truck traffic may also occur due to change in sludge disposal sites or methods of disposal. He informed the Commission that these trucks are hauling`sludge for disposal in another area. He said that in the past, much of the disposal has been done at the WWTP or at an adjacent site. Mr. Callaway said that the best traffic routing for the trucks is what is currently known as Sewer Plant Road. He stated that this is a gravel road which does not travel through any existing residential areas. He explained that future changes (ie: change in disposal sites, change to a one-way frontage road) might necessitate a change in traffic routing through the collector and minor arterial streets. Callaway said that the routing could be down Appomattox Drive to Emerald Parkway or along the future Appomattox Drive to the Raintree area. He said that the concerns are to keep truck traffic separate from the residential traffic whenever possible and if it is not possible, to avoid areas where residents front or access onto the street that trucks will use. Mr. Callaway said that there is some potential provision of buffering to adjacent residents by requiring abutting of rear yards to the street. III. In regard to buffering from the WWTP, particularly protection of the plant, Callaway said that the plant currently meets the buffering required by regulations. Mr. Callaway said that to require additional buffering could involve the issue of "taking". In terms of protecting the residents of the future subdivision from the WWTP, the only legal standard for buffering is being provided by the WWTP site, itself. He said that Staff has no other basis on which to require additional buffering. Therefore, Mr. Callaway stated that Staff does not recommend additional buffering. He said that the distance from the boundary of the site to the plant facility does contain a major power line and gas line easement which provides additional separation from this subdivision to the WWTP. To conclude his presentation, Mr. Callaway said that in the absence of the ability to require additional buffering,Staff recommends public information efforts to make potential residents aware of the location and existence of the WWTP. In reference to the memo sent by Assistant City Attorney Banks to the Commission, Mr. Colson said that it was unclear as to PSZ minutes 2-1-g0 page 3 ® whether the City owned the current road to the Sewer Plant or if the City gave up ownership, retaining just an easement. Mrs. Banks explained that the City owned a 30 foot wide road to the WWTP. It was originally bought from the Kapchinski family several years ago. She said that when the City was securing right-of-way during Krenek Tap Road development, the Kapchinskis wished to regain the mineral rights under Sewer Plant Road. So, Mrs. Banks explained, they gave us the right- of-way for Krenek Tap Road and a correction deed was issued that secured the minerals back to them. Therefore, the City merely has surface rights on that property. Mrs. Banks said that essentially, the City has an easement of that 30 foot wide strip or a right-of-way. She said that the document is very specific in defining the road. Attorney Banks also stated that the City is concerned with maintaining access to the WWTP. She expressed that the City does have the right to travel directly across the path that currently exists. Bill Thorton, Allen Swoboda's attorney, came forward to speak on this issue. He said that his investigation of title does not reflect an easement across this piece of property. He believed that the Kapchinskis own the property that abuts this proposed development (between it and the By-Pass). Mrs. Banks said that her understanding was that the ® Kapchinskis also owned this tract of land at the time Krenek Tap Road was developed. Mr. Thorton said the easement, to serve a purpose. is a problem sin willing to grant subdivision. that the City has a right to use the road in ingress and egress. He stated that easements Mr. Thorton does not believe that this issue ~e Mr. Swoboda has indicated that he is the City an easement at the end of the Mr. Dresser asked Mr. Thorton if his investigation concluded that the City did or did not own an easement across this proposed subdivision. Mr. Thorton said that he could not find anything to support that the City owned anything. Chairman Sawtelle suggested that the Commission move on to other areas to be discussed. Mr. Esmond referred to the summary sentence: "Because this development creates a need for the additional street it should be located such that this development provides that street." He asked if this was referring to the street required for internal traffic within the subdivision or WWTP access. Mr. Callaway said that the sentence is referring to internal traffic and access to the development. PAZ 2-1-g0 page 4 ® Mr. Esmond asked if Mr. Callaway had said that the City needed a separate access to the WWTP. Mr. Callaway clarified that he said that the City has been using a separate access. Mr. Esmond asked if there was a problem with using an additional access for access to the WWTP. Mr. Callaway replied that this type of access would not be a problem as long as it was used in the manner he described earlier. (ie: minimal conflict with residential driveways) For clarification, Mr. Esmond asked if the plat under consideration provided the street as mentioned in the staff report summary. Mr. Callaway said that it does not. However, the concerns spelled out by emergency services could be met by other alternatives rather than "North Forest Parkway". He expressed that the principle concern of emergency services in regard to access to the subdivision during disruption across Appomattox Drive was a 2nd access point, not necessarily a specific alignment. Mr. Esmond said that if Appomattox was extended to Raintree, access to the WWTP could be made that way. Mr. Callaway agreed that access could be made that way, or it could continue the way it is currently being taken. He explained that this plat provides for the continuation of the current type of access, only in a different location. Mr. Esmond asked if the bridge design was based on 50 or 100 years. Mr. Callaway said it was a 100 year design. In regard to the impact of WWTP on future residences, Mr. Dresser asked if Staff believes that there are no direct conflicts to be identified. Mr. Callaway said that Staff does not have any basis for requiring more buffering. Mr. Dresser said that if there are impacts, Staff has not identified them. Mr. Dresser asked where the dimension of 150 feet exists. Mr. Pullen said that the measurement was taken from the space between the facility and the residential property. He defined PAZ minutes 2-1-g0 page 5 ® the facility measurement as starting at the walls of buildings or tanks. Mr. Dresser asked how far it is from the outside walls of the tank, across the city property which is apparently 150 feet, across the easement, to the nearest residential lot. Mr. Pullen said that a forced guess would be a minimum of 300 feet. Mr. Dresser said that it was the concern of the Commission that approving this plat not jeopardize the expansion of the plant. Mr. Pullen said that in his opinion, the impact on the WWTP could be strict improvements to the plant (ie: odor control, noise control). As to whether or not the plant could be permitted due to the proximity of a residential property, City Engineer Pullen said would be purely speculation. Mr. Dresser said that he did not feel entirely comfortable with this issue but, he did not see how the Commission could say that this was not adequate separation without technical evidence to support them. Ms. Sawtelle agreed with Mr. Dresser. Mr. Esmond said that he was not in agreement because he does not believe that impact has been addressed. He said that he thinks that this issue is the most significant in terms of the plat. He stated that he believes that the WWTP should have a zoning classification. Mr. Esmond said that he viewed the plant as an industrial site. Mr. Gentry asked Mr. Esmond what would be the basis for declining this plat. Mr. Esmond cited paragraph 7.2 A of the Zoning Ordinance which pertains to R-1 zoning. He said that it mentions something about protection from adjacent uses. He believed that this ordinance would apply to this situation. Mr. Esmond asked if the Commission was obligated to approve the plat. He also asked if rejecting the plat because of buffering could be construed as a "taking". Mrs. Banks said that there must be justification for rejecting the plat. Mr. Colson asked if there had been any complaints about the ® odor from the WWTP. PAZ minutes 2-1-90 page 6 Mr. Pullen said that he was unaware of any complaints made to the Engineering Department. Mr. Esmond said that he had heard of complaints from Emerald Forest. He expressed that he believes 500 feet of buffering would be more appropriate. Larry Wells of Municipal Development Group said that he called the State of Texas Air Quality Control Board. He said that they said that they focus on industrial uses rather than municipal uses because municipalities take necessary precautions to protect the environment. Mr. Wells said that the State had a "hands off" approach in regard to buffering. He also said that he asked the State Board about the City's future permitting problems. He said that he was told that new plants have more problems with becoming permitted. Mr. Wells said that the Air Quality Control Board will investigate any nuisance. He also pointed out that state law requires 150 feet of buffering, with which they are in compliance. Mr. Dresser asked if noise from the plant could be heard from the backyards of the nearest lots to the plant. Mrs. Morgan, Assistant to the City Engineer, measured the distance from the WWTP to the subdivision which appears be 600+ feet. (including the easement location) She said that the closer lots may hear a "hum". She did not believe that it would be a major distraction. Ms. Sawtelle said that she did not remember an overwhelming noise factor from when she toured the facility. Mr. Dresser asked about the visibility of the plant. Mrs. Morgan said that the plant is visible since the easement was cleared. She said that you can see the chain link fence and an older plant structure which looks like an above ground, concrete well. Mr. Wells then addressed the issue of separate access for the WWTP. He said that currently there are 6 sludge trucks that operate each day. Mr. Wells said that he considers this volume of traffic too low to require an alternate access. He said that Phases 8, 9, 10, and 11, consist of 180 lots which would not generate enough traffic as to require another access. He said that the impact study reflects that due to the construction of Appomattox, it can well withstand the traffic. Mr. Dresser redirected the discussion back to the "buffering" issue. P&Z minutes 2-1-g0 page 7 ® Mr. Esmond said that he would prefer the plant and surrounding area to be zoned industrial. He believed that this rezoning would change the criteria considered by the Air Quality Control Board. Ms. Davis stated that the "buffering" issue is best summarized as it is in the staff report: "Buffering currently required under existing regulations is provided on the wWTP site at this time. To require additional buffering could constitute a taking and may require compensation." Mr. Colson reminded Mr. Esmond that the distance from the WWTP to the subdivision was measured by Mrs. Morgan to be at least 600 feet. Mrs. Morgan said that this measurement reflects the distance from the entrance of the plant (the fork) to the nearest lots. Ms. Sawtelle asked if Mr. Esmond's figure of 500 feet had been satisfied. Mr. Esmond said that the points of reference he had in mind were the property lines. Ms. Sawtelle asked the Co research the "buffering" mmission if they wanted issue more extensively. staff She to said that her conclusion from what she had heard and read, is that she does not believe that the Commission has any basis for rejecting the plat on the issue of buffering. The Commission agreed to move on to Mr. Dresser's next point. Mr. Gentry said that the plat does not propose truck traffic through the neighborhood, it proposes that the trucks take access up a 30 foot dirt road very similar to the current route. Mr. Dresser said that he wants to resolve the routing of sludge trucks on this plat. Mr. Gentry said that the route must be "North Forest Parkway" or something similar to the current "path". He said that if the Commission recommended to approve the "path," the next developer could be required to build the road. Mr. Gentry said that he was opposed to running sludge trucks down Appomattox. He said that he did not care whether the trucks were routed down "North Forest Parkway" or the dirt "path". Mr. Dresser asked the Commission if they perceived the gravel road to be a permanent fixture with development on either side, or do they view it as something temporary which will either become a city street or nonexistent. PAZ minutes 2-1-g0 page 8 Ms. Sawtelle said that she doesn't want it to stay a dirt "path" forever. Everyone seemed in agreement that under no circumstance should truck traffic take access on Appomattox. Mr. Gentry said that he was temporarily satisfied with the gravel road for truck traffic only. Don Hellriegel of 8704 Appomattox said that he is a representative of the Emerald Forest Homeowners' Association. He said that they strongly urge the issue of alternate access to be addressed at this time. Mr. Dresser continued with discussion of the collector street. He said that he agreed with staff in concluding that the collector street would not relieve traffic from using Appomattox Drive. He referred to the memorandum attached to the staff report, expressing concern that this subdivision is accessed solely by a street containing a bridge. He said that he believed an alternate route is necessary. He stated that he is unsure as to what extent, construction is the responsibility of the developer. Mr. Gentry said that the issue could be divided into two separate streets: - a 2nd access to the subdivision could be Appomattox from Raintree - access to the WWTP could be taken by the "path" Mr. Dresser said that this solution would only be short term. Mr. Colson said that he didn't feel that Appomattox should be considered as a second access because residential access and traffic on Appomattox could conflict with emergency responses. Mr. Gentry said that he believed that "North Forest Parkway" would not be used once the frontage roads are made one-way. He believed that traffic would logically use Emerald Parkway to leave the subdivision. Mr. Gentry said that the other access road will be more of a necessity to future developments than to the proposed subdivision. Mr. Thorton explained some of the history behind the Emerald Forest Subdivision. He said that Appomattox and North Forest Parkway are arterial streets which are expensive to build. He stated that it is not economically feasible for Mr. Swoboda to build them both. He said that the extension of Appomattox to Raintree would provide a second access. Mr. Thorton stated that the earlier proposed, North Forest Parkway, would carry sludge trucks primarily. Mr. Thorton said that he feels that the response times are tolerable. He also stated that upon completion of FM 2818 to P&Z minutes 2-1-g0 page 9 Emerald Forest Parkway, will hasten response times. Mr. Thorton cited one memo from Major Feldman which encourages the extension of Appomattox for access. In regard to the truck traffic, Mr. Thorton said that even if they went on Appomattox, the traffic is very minimal. He said that there is no reason that access should be taken on Appomattox since Mr. Swoboda has indicated that he will furnish the 30 feet. Mr. Michel asked Mr. Thorton if he considered the response to be acceptable. Mr. Thorton said that he did not see anything in the memos that suggest that these response times are totally unacceptable. Plus, FM 2818 will improve response times. Mr. Michel expressed concern that if he approved the plat, response time to those residences will increase by 1.5 to 2.0 times the current response times. Mr. Thorton said that home buyers should take into account the distance from a fire station, when buying a house. Mr. Dresser asked if the possibility of City participation in the construction of North Forest Parkway has been addressed. Mr. Thorton and Mr. Swoboda said that it had not been addressed. Mr. Dresser asked if this was a possible alternative for Mr. Swoboda. Mr. Thorton said that he believes that Mr. Swoboda has submitted his "bottom line," noting that he contributed the 30 foot access to the WWTP. In terms of emergency access, Mr. Hellriegel said that the Homeowners' Association is not trying to address who should pay for North Forest Parkway or even that it needs to be built to standards at this time. He did express that a finished street should be planned for WWTP trucks. Mr. Dresser said that he thinks that the biggest user of North Forest Parkway is the City. Therefore, he believes that the City should at least participate in the costs of construction. The issues were summarized by Mr. Michael Gentry as follows: 1. Access for sludge trucks is taken care of because the Sewer Plant Road works today and will continue to work after construction of this subdivision begins. 2. The Waste Water Treatment Plant "buffer issue" is not a ® problem because the Commission had hoped for at least a P&Z minutes 2-1-g0 page 10 500 foot distance from the WWTP to the nearest lots in the subdivision, there appears to be close to 600 feet. 3. The construction of North Forest Parkway will solve no problems for this neighborhood. Assuming a "one-way" access road, North Forest Parkway will not provide quick egress from this area. Future developments to the north of this road would benefit more from it than this subdivision. 4. In regard to the issue concerning emergency access, at some future date an arterial road will be necessary in this area. However, there is currently have a 5 min. 40 sec. maximum response time in Emerald Forest. This response time will increase to a total of 8 min. with the addition of the proposed subdivision's rear lots. The completion of FM 2818 will drop 2 min. 20 sec. off of the current response time. Hopefully, upon construction of these last lots, FM 2818 will be close behind. Mr. Gentry made a motion to approve the plat under consideration that shows the dirt road in place. Mr. Colson seconded. Mr. Michel asked if the Commission could recommend approval with conditions. Ms. Sawtelle said that she believed they could specify ® conditions. She asked what the projected completion date is for FM 2818. Mr. Pullen said that completion is expected in late 1992 or early 1993. Mr. Michel made a motion to amend the motion "to recommend that the City move with deliberate speed to provide a more and better access to the area, especially Emergency vehicles". Ms. Davis seconded the motion to recommend the amendment. The motion passed in a vote of 6-1. Mr. Esmond voted against. The amended motion carried in a vote of 6-1, Esmond against. AGENDA ITEM NO. 4: Other business. Mr. Esmond commented on Senate Bill #1075. He said that it allows the City Engineer to approve a four lot subdivision plat. He asked if that Bill would become part of the City's ordinances. Mr. Callaway said that it is a State statute which enables us to amend our Subdivision Regulations. He said that it does not change our ordinances, we would have to amend the ordinance to take advantage of this statute. Ms. Sawtelle asked if staff had checked on University Towers. P&Z minutes 2-1-g0 page 11 • Ms. Kee said that she would follow-up on this matter. Mr. Dresser expressed concern about a part of the previously discussed plat. Springcreek Drive is shown on the plat to intersect Sewer Plant Road. He said that he would prefer that it be made into a cul-de-sac. Mr. Swoboda said that he would change that section of Springcreek Drive into a loop. Mr. Colson asked Mr. Callaway about the Building Department's progress concerning insulation requirements. Mr. Callaway said that this issue is scheduled to be addressed by the Plumbing Code Board. He informed Mr. Colson that this Board does not have regularly scheduled meetings. However, Mr. Callaway said that memos are being distributed to Board members which suggest a discussion of this matter at the next called meeting. Ms. Kee stated that she had several small items that she wanted to address to update the Commission on past business: 1. Northgate Landscaping - staff is currently using the guidelines adopted by P&Z. The ordinance was amended to give PRC the authority to require landscaping in the Northgate District. 2. The Comprehensive Plan publication is being edited by our Print/Mail Division. 3. Rezoning of 200 Montclair was scheduled for the P&Z on March 1, 1990. However, since a public hearing has been scheduled by the Director of Development Services for the Capital Improvements Program, 200 Montclair will be scheduled for March 15, 1990. 4. In regard to the Commission's comments on "screening" the Public Service Center, staff is awaiting comment on the memo which was forwarded from the Commission. 5. University Towers - a meeting with the Tower's management will be scheduled. 6. In regard to the Commission's duties as outlined in the Code Book, the P&Z will schedule a workshop to discuss these issues. 7. The Zoning Ordinance - newly printed copies will contain the Wolf Pen Creek Ordinance and recent amendments. Copies should be available by the next meeting. 8. The Capital Improvements Program - materials and information will be provided to the Commission prior to the meeting on March 1, 1990. 9. Jane Street & Culpepper Rezonings were approved by Council. P&Z minutes 2-1-90 page 12 Ms. Sawtelle asked to receive CIP information two weeks in advance for review. (to discuss with staff any problems or questions prior to the meeting.) Mr. Dresser motioned to adjourn. Mr. Colson seconded the motion which carried unanimously. ATTEST: City Secretary, Connie Hooks tt ~~ APP OVED: l ~~ Chairman Saw elle P&Z minutes 2-1-90 page 13 PLANNING AND ZONING COMMISSION GUEST REGISTER DATE February 1, X990 NAME 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25• ADDRESS E ,_ ~, ~ ~ -d ' ~/) ~` ~ ' S ~ = ~ ~ ' ~ ~'~ \ "~~ I711 ~ fill ~ /p/ ., . „_, ~ c-T ~C ~ ~ • ~' ~ 3 Q ~ ~~41L Q ~-'l ~ 7~ 5 . .~ . 6 • ~/~`onl ~~/'=`' ~' T~-dEo2 P o ~/Z-A~VE2 >~ ~2~1 ?7~oS . _ ,~ p~ ' / ~ ~- ~;