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HomeMy WebLinkAbout03/19/1992 - Minutes - Planning & Zoning Commission• MINUTES Planning and Zoning Commission CITY OF COLLEGE STATION, TEXAS 7:00 P.M. March 19, 1992 • MEMBERS PRESENT: Chairperson Sawtelle, Commissioners Esmond, Hawthorne;, Smith, and Mariott. MEMBERS ABSENT: Vice Chairperson Colson and Commissioner Hall. STAFF PRESENT: Senior Planner Kee, Planning Technician Thomas, Planning Assistant Kuenzel, Assistant to the City Engineer Morgan, Transportation Planner Hard, Development Coordinator Volk, Development Services Director Ash, City Engineer Pullen, Mapping Specialist Manhart, and Assistant City Attorney Raynor. AGENDA ITEM NO. 1: Approval of the minutes from the meeting of March 5, 1992. Mr. Mariott moved to approve the minutes of the meeting of March 5, 1992 as corrected by Chairperson Sawtelle. Mr. Smith seconded the motion which passed unopposed (5 - 0). AGENDA ITEM NO. 2: Consideration of a final plat for Glenhaven Estates Phase VlII located at the intersection of Glenhaven and Brazoswood Drive. (91-218) Assistant to the City Engineer Morgan presented the staff report and recommended approval of the final plat with conditions. The master preliminary plat for Glenhaven Estates was approved by the Planning and Zoning commission and the City Council on January 3, 1991 and January 23, 1991, respectively. At that time, staff informed both bodies of the possible problems with the regional drainage facility needed for this area. Staff explained that the possible size of the facility might be such that the lots at the end of the cul-de-sacs may be lost to the facility, but without the design (which is done prior to the final plat) it was difficult to tell. Since the master preliminary plat approval in January 1991, staff has met with the applicant and has seen preliminary design drawings of the regional detention facility. In that design, the layout of the master preliminary plat was altered in order to accommodate the size of the facility. Staff informed the applicant: that before final plats of the "altered" area could be considered, he would have to bring in a revised master preliminary plat showing the new layout. In the overall master preliminary plat, this phase was the only one not affected by the regional detention facility. The applicant has requested th~it he be able to build this phase, provide the detention only to serve only these ten lots, and in the future when the additional acreage develops, construct the regional facility to serve the remainder of the tract. The applicant has stated that the next phases are going to be "difficult" to build because the cost/benefit ratio for the remainder of the lots is tight. Because of this possibility, staff has recommended that the City enter into a development agreement to assure the co~istruction of Glenhaven Drive. The draft agreement requires that the construction of Glenhaven Drive adjacent to lot ten occurs within a year of the signed development agreement. It also requires that the remainder of Glenhaven Drive to Dominik Drive be constructed with the next developed portion of the Glenhaven Estates Subdivision Master Preliminary Plat. Staff recommends approval. • Mr. Esmond suggested that the note addressing maintenance of the drainage easement located between lots three and four be clarified to state that the homeowner will maintain the surface drainage only and the City will maintain any underground improvements. The note addressing maintenance of the drainage easement located between lots six and seven should be, clarified to state that the rip rap will be maintained by the City and the grass cover will be maintained by the homeowner. Mr. Mariott moved to recommend approval of the final plat of Glenhaven Estates Phase VIII located at the intersection of Glenhaven and Brazoswood Drive with the additional notations outlined by Mr. Esmond. Mr. Esmond seconded the motion which passed unopposed (~~ - 0). AGENDA ITEM NO. 3: Consideration of a final plat for Lakeview Acres located on the northeast comer of Texas Avenue and Millers Lane. (91-221) Assistant to the City Engineer Morgan presented the staff report and stated that the proposed plat complies with the comprehensive plan and the thoroughfare plan. The applicant has included all ownership of the affected properties on the plat as required by the Project Review Committee. The applicant has requested that the public infrastructure (sewerline) requirement to serve the Stanley Investment lot be waived. They do not wish to construct or guarantee the improvement at this time. The applicant has provided construction drawings and a 20' utility easement for this infrastructure. The applicant is not sure of the future use of the property or what size sewerline will be needed. According to the Subdivision Regulations, the subdivider must either proceed with the construction of the improvements or guarantee the improvements before the plat is recorded with the County. Staff recommends approval of the plat with the condition that the sanitary sewer improvements either be constructed or guaranteed. • Fain Mc Dugal, representative of the applicant, approached the Commission and requested that the sewerline to serve the Stanley Investment lot be waived. Stanley Investment Group has no desire to develop their lot at this time. TAC Realty wants to develop its lot into First American Bank. They have no control over the other two tracts on the plat. The infrastructure requirements to serve Lot 1B are not desired by anyone. It is not fair to require TAC Realty to provide infrastructure to a lot that they do not own. The two lots on the plat not owned by TAC Realty are required to participate in the plat by the City's Subdivision Regulations. TAC Realty is being required to correct previous property owner mistakes. Assistant to the City Engineer Morgan explained that the subject land was illegally subdivided by metes and bounds descriptions instead of by plat as required by ordinance. The current ownership boundaries have changed since the original plat. Mr. Esmond stated that excluding a lot is not desirable but the City has come across it before in Southwood Valley. The boundaries of the other two lots would be fixed even if they were not included in this plat. The lots could even be referenced on the plat by metes and bounds descriptions. Then, when Stanley Investment Group decides to develop, they can install the sanitary sewer line using the 20' utility easement provided by TAC Realty. Assistant to the City Engineer Morgan explained that the intent of the ordinance is not to burden TAC Realty. Stanley Investments will have to be a party to the plat either way. The only way the City can guarantee utilities to the Stanley Investment lot is through this plat. Mr. Hawthorne stated that by requiring TAC Realty to guarantee the sanitary sewer, we are • assuming that Stanley Investment Group has an agreement with TAC Realty to post these guarantees. P & Z Minutes March 19, 1992 Page 2 Mr. Mc Dugal explained that Stanley Investments has no desire to develop the land at the present time. They want to make the land more marketable but have refused to post the infrastructure guarantees. In order to file the plat, TAC Realty will have to post these guarantees. Mr. Esmond stated that Mr. Mc Dugal has a legitimate concern. The proposed sanitary sewerline should be constructed when the Stanley Investment lot is developed. Lot 1B should be excluded from the plat. Chairperson Sawtelle agreed and stated that when Lot 1B changes ownership, a plat could be filed at that time. Paul Darmitzel of TAC Realty presented two problems with completely excluding Lot 1B from the proposed Lakeview Acres final plat: (1) a technical problem with the Subdivision Regulations and statutory requirements in that Stanley Investments will probably refuse to sign the plat unless included; and, (2) a fairness problem in that the discussions and agreements made with Stanley Investments agreements were done so with the understanding that TAC Realty would take the responsibility of platting the property. Mr. Darmitzel added that the current plat of record does not reflect the most recent changes in ownership. By including the two additional lots, the property lines would be more clear. • Senior Planner Kee informed the Commission of Chapter 9, Section 5 Variances in the Subdivision Regulations that allow for the authorization of variances. "The Council and the Commission may authorize a variance from the regulation when, in their opinion, undue hardship will result from requiring strict compliance. In granting a variance, the Council and Commission shall f-rescribe only conditions that it deems not prejudicial to the public interest. In making the findings hereinbefore required, the Council and Commission shall take into account the nature of the proposed use of the land involved, the existing use of land in the vicinity, the number of persons who will reside or work in the proposed subdivision, the possibility that a nuisance will be created, and the probable effect of such variance upon traffic conditions and upon public health, convenience, and welfare of the vicinity." She added that there are four factors outlined in the regulations in Section :5 that should be found when granting a variance. Mr. Esmond moved to recommend approval of the final plat for Lakeview Acres located on the northeast corner of Texas Avenue and Millers Lane with the following conditions: (1) a variance be granted to the requirement of construction or guarantee of the sewerline to serve Lot 1B; (2) the applicant provide a utility easement for the future construction of the sewerline to serve Lot 1B; and, (3) the construction or guarantee of the sewerline to service Lot 1B be required when said lot is developed. Mr. Hawthorne seconded the motion which passed unopposed (5 - 0). • P & Z Minutes March 19, 1992 Page 3 AGENDA ITEM NO. 4: Consideration of a previously tabled City initiated rezoning of a 0.574 acre tract located on the northwest comer of Spring Loop and University Drive from GN to A-P. (92-100) Mr. Mariott moved to remove this City initiated rezoning from the table. Mr. Esmond seconded the motion which passed unopposed (5 - 0). Senior Planner Kee informed the Commission that at the February 27, 1992 City Council meeting, the rezoning request of the Anco property from A - P to C - B was denied by a vote of two in favor of the rezoning and five against the rezoning. The Council made it clear that their desire is to see a mix of uses along the University Drive corridor and to preserve the A - P that is there now. They also indicated that this should give the Planning and Zoning commission the direction it needs for the tabled C - N tract at the corner of Spring Loop and University. Mr. Esmond stated that the Commission always intended a mix of uses along this corridor. There is some A - P zoning along the corridor now; however, there is not a demand for office space in College Station. Voting for A - P zoning on this tract is voting for more vacant land. 'T'here was an article in the Houston Post recently that discussed the increasing vacant office space. College Station has vacant office space all over town and A - P zoning on this tract is a big mistake. He added that he is willing to vote for the A - P zoning, under protest, because it is at thc; direction of City Council. Mr. Hawthorne stated that there are still some uses that are allowed in the A - P zoning district that are not suitable in this corridor such as public parking lots and small recycling facilities. These types of uses allowed under the A - P zoning district are not desirable for an area where the City is • trying to encourage development and still create an attractive entrance into the City. Paul Darmitzel with TAC Realty approached the Commission and stated that he is concerned with the proposed rezoning primarily due to the size of the tract. The tract is only 150' x 1.65' and with the additional setback requirements of the overlay district it will be almost impossible to develop. A convenience store is one of the few uses that would fit on such a small tract. He stated that there have been discussions with Anco concerning their purchasing the TAC Realty tract in question; however, they are not interested. Rezoning the tract to A - P will make it more difficult to develop and almost unmarketable. The only way to market the property is with C - N zoning. The dimensions of the tract are unique without the additional restrictions. Mr. Esmond agreed and stated that these factors were considered when the subcommittee and the Planning and Zoning Commission originally recommended R - 4 zoning on this tract. He questioned Mr. Darmitzel as to the possibility of R - 4 zoning. Mr. Darmitzel stated that he has not made an analysis of R - 4 zoning at this location and is not prepared to comment on the possibility without adequate evaluation. He concluded that he is in opposition of the proposed A - P zoning. Mr. Esmond stated that a basic concept of the University Drive Corridor Study was to prohibit convenience stores along this entryway. However, we want to stimulate development along this corridor and we are moving in the wrong direction by rezoning a property to A - P when there is no demand for this type of zoning. He stated that he is afraid of singling out one property owner in order to achieve this desired mix of uses. The Commission should give the best advice to City Council. Mr. Esmond moved to deny the City initiated rezoning of a 0.574 acre tract located on the • northwest corner of Spring Loop and University Drive from C - N to A - P. Mr. Mariott seconded the motion which passed (4 - 1); Mr. Smith voting in opposition to the motion. P & Z Minutes March 19, 1992 Page 4 AGENDA ITEM NO. S: Consideration of n'-establishing the conditions of approval for a conditional use permit issued to Ricky Miller of Bullwinkles for a bar and grill located at 1601 Texas Avenue in the Culpepper Shopping Center. (92-703) Senior Planner Kee reminded the Commission that they approved a conditional use permit for the operation of a nightclub called Bullwinkles in the Culpepper Plaza Shopping Center. One of the limitations placed on the use was that the operation would be closed at 11:00 pm.. Since this decision, the legal department has determined that this type of limitation is pre-empted by the Alcoholic Beverage Code. The legal department says that the Commission cannot limit the hours of the sale of alcoholic beverages and cannot limit the use of Bullwinkles's outside area to a certain time. Because the hours of operation condition was not legal, staff is bringing the items back to the Commission rather than allowing the appeal to go before the City Council. The public; hearing has already been held and it would be at the Chairperson's discretion to hear from the public again. Staff has notified the applicant, the property owner and the owner of Bentley House Apartment Hotel about this meeting. The Commission should keep in mind several things when reconsidering whether this limitation was a deciding factor in the approval of the use permit. Previous existing businesses at this location have had alcohol permits and been of the restaurant /nightclub category. Previous uses have utilized the outdoor patio area without limits on hours. The Bc;ntley House adjacent is zoned commercially and is considered a commercial land use although thc;re are some permanent residents there. Mr. Hawthorne informed the Commission that he would have to abstain from considering this item. He stated that it was not his intent to regulate the hours of the sale of alcohol but to limit the hours of operation. The applicant requested the 11:00 pm closing time and the motion had nothing to do with the serving of alcohol. Assistant City Attorney Raynor stated that establishments serving alcohol are treated differently in the conditional use permit process because some conditions can be pre-empted by the Texas Alcoholic Beverage Code. The Commission has the ability to approve or deny an operation but cannot limit. The patio is considered a part of the whole restaurant and operations on the patio cannot be limited; however, patio use can be completely restricted. Mr. Mariott moved to add a condition of approval to the original conditional use permit for Bullwinkles Bar and Grill prohibiting the use of the outside patio. Mr. Esmond seconded the motion which passed (4 - 1 - 0); Mr. Hawthorne abstained. AGENDA ITEM NO. 6: Consideration of a Master Preliminary Plat for Kensail Povnt located in the E.TJ. of College Station in the Nantucket Subdivision.'~!9~j %.7-~'t . Senior Planner Kee presented the staff report and recommended approval of the master preliminary plat as presented. Since the presubmission conference held on March 4, 1992, the applicant has included the 0.12 acre triangular piece. This piece was not purchased by the apflicant. The adjacent Lot 3 is not required to be included. The applicant has decided that there will be no relocation of or improvements to the creek. Staff recommends approval. Larry Wells, representative of the applicant, approached the Commission and stated that the triangular piece will be incorporated into another subdivision of Lot 3 at a later date. Mr. Mariott moved to recommend approval of the master preliminary plat for Kensail :Point located in the E.T.J. of College Station in the Nantucket Subdivision with the condition that a note be placed on the plat stating that the 0.12 acre triangular piece will be replatted as a part of Lot 3, Block 13. Mr. Smith seconded the motion which passed unopposed (5 - 0). P & Z Minutes March 19, 1992 Page 5 • AGENDA ITEM NO. 7: Public hearing to consider an amendment to Section 12, Sign Regulations, of Ordinance Number 1638 specifically to make a distinction between commercial and non- commercial signs, and to allow off-premise signs on City property through acts of City Council when certain criteria have been met. (92-802) Staff Planner Kuenzel informed the Commission that the A & M Consolidated Tiger Club would like to place signage on City rights of way and in City parks. The club is also considering painting the water tower. All of these proposals would constitute commercial off-premise signage, which is specifically prohibited by Section 12 of the Zoning Ordinance. Representatives from the planning and legal staff met with the Tiger Club to review the options. We concluded that the request is not unreasonable, and that the City should be able to accommodate this and similar proposals. To give the City this option, we will need to amend the sign regulations. The proposed draft is one that we feel will meet the City's community interest concerns, as well as preserve the integrity of the ordinance. The changes include the following: (1) Signs are divided into two main categories: non-commercial and comme;rcial. Commercial signs are then further divided into on and off-premise signage. (2) Commercial sign regulations will allow off-premise commercial signage through an act of Council when the sign meets certain community interests. (3) Non-commercial signage may be allowed on private property with the consent of the property owner. (4) Political signs will be categorized as non-commercial signage and willl be processed as such. (5) Non commercial signage located on City property may be allowed through an act of Council when the sign meets certain community interests. Chairperson Sawtelle opened the public hearing. Seeing no one present to speak in f~ivor of or in opposition to the proposed ordinance amendment, she closed the public hearing. Mr. Hawthorne stated that Section P, Number 4 was unclear as to whether the referenced non- commercial signs were on or off-premise signs. He moved to recommend approval of the proposed ordinance amendment to Section 12, Sign Regulations, of Ordinance Number 1638 with the condition that Section P, Number 4 read "off-premise non-commercial signs" instead of "non- commercial signs". Mr. Mariott seconded the motion which passed unopposed (5 - 0). AGENDA ITEM NO. 8: Presentation of a Master Plan for the Van Riet property l~xated along Graham Road. Steve Arden, representative of the applicant, approached the Commission and presented the master plan for the 290 acre Van Riet property located along Graham Road. He stated that the Traffic Engineer suggested that the extension of Victoria to Graham Road be shown on the plan. He stated that the owner has no objection to building their portion of the extension; 1-owever, the majority of the extension is under separate ownership. The proposed abandonment of the end of North Graham Road would help to limit the number of access points from Wellborn Road. The Transportation Planner suggested showing the connection of Welsh; again, this is under separate ownership. The proposed sanitary sewer plan should be effective for both the City and the property owner. Mr. Arden stated that adequate buffering has been provided between the mixed uses • through setbacks and screening. This master plan will come back before the Commission after the proposed annexation. P & Z Minutes March 19, 1992 Page 6 r • Mr. Esmond stated that the plan looks good and is definitely workable. There will be tremendous commercial development pressures along Wellborn Road. He stated that it would be more desirable to keep the commercial tracts larger for traffic reasons. Mr. Esmond asked why the applicant requested C - B instead of another commercial zoning. Mr. Arden stated that the C - B zoning works better with the adjacent residential zoning. There are several allowable uses in C - 1 that would not be appropriate next to single family development. He added that there is a need for commercial development at Wellborn and Rock Prairie Road to serve the proposed residential area. Mr. Mariott stated that he is interested in the drainage along Wellborn Road. It appears there are some existing undersized drainage facilities along Wellborn Road; however, the overall plan looks good. Chairperson Sawtelle agreed and stated the closing of North Graham is a positive move in limiting access points. She called a brief recess before the presentation of the 2818 Extension Study Report. AGENDA ITEM NO. 9: Presentation and consideration of the 2818 Extension Study Report. Senior Planner Kee, Staff Planner Kuenzel and Transportation Planner Hard presented the 2818 Extension Study Report. Mr. Mariott stated that overall the report was good; however, he is concerned with the maintenance of the biking and jogging trails especially when located under an overpass. Hugh Lindsey, representative of the owner of Woodway Mobile Home Park Martin Hsieh, • approached the Commission and requested that Mr. Hsieh's property be shown as commercial like the adjacent property to the north. The present use of the property is commercial. There is commercial zoning all along both sides of Texas Avenue. Mr. Hsieh did not attend either of the property owners meetings. At these meetings, as shown in the report, the residents of Bernadine Estates were very vocal and Mr. Hsieh was not. This residential development is an anomaly out by itself in the center of commercial development. This small development of fourteen homes should not dictate the use of Mr. Hsieh's property. There has not been any recent development in Bernadine Estates. He requested that staff change its recommendation to show commercial land use on Mr. Hsieh's property. Mr. Hawthorne moved to recommend approval of the 2818 Extension Study Report as presented. Mr. Mariott seconded the motion for approval. Daryl Davis of 115 Mile Drive approached the Commission and informed them that he has lived at this address for twenty-three years. Mr. Hsieh had every opportunity to attend the property owners meetings and chose not to do so. Mr. Davis stated that he did not approve of the proposed R - 4 zoning recommended by staff. This apartment zoning is not what was agreed to; single family would be preferred. There is a good distance and vegetative buffer between the Mile Drive residents and the Diamond Shamrock to the south; however, this is not the case with Mr. Hsieh's property. Mr. Davis stated that he does not want commercial development immediately adjacent to the single family homes along Mile Drive. Al Boreman of 111 and 113 Mile Drive stated that there has been no recent development in Bernadine Estates because the homeowners own the lots in between their homes. These additional lots and portions of lots were purchased to help preserve the residential nature of the' area. The • single family development sets a precedence in this area and commercial development should not be allowed next to these existing homes. P & Z Minutes March 19, 1992 Page 7 • Mr. Smith stated that he is disappointed that so much of the R - 1 single family land use has been taken away. Single family land use has been reduced to 3% of the entire study area. This trend is occurring all over the city and should be prevented from happening in this area. r 1 U • Mr. Esmond agreed; however, the more research that was done with regard to transportation aspects and the presence of large amounts of floodplain and floodway, the subcommittee and staff were driven to this plan. Single family land use was preserved as much as possible. Staff worked with the subcommittee as well as the property owners to develop this plan. Mr. Hsieh had several opportunities to provide input and chose not to participate. The subcommittee and staff have reached a good compromise that balances the interests in the area. Staff should be commended on their hard work in putting this study together. Chairperson Sawtelle called the question of the original motion to recommend approval of the 2818 Extension Study Report. The motion passed unopposed (5 - 0). AGENDA ITEM NO. 10: Other business. Charles Spear of Jerry J. Moore Investments approached the Commission and requested that they reconsider their previous decision to prohibit activity on the patio at the Bullwinkles Bar and Grill in the Culpepper Plaza shopping center. Mr. Spear stated that he and the applicant had an opportunity earlier to speak on the item and chose not to do so. The patio adds ambiance to the lease space and makes the restaurant more attractive. He stated that he met with Paul Clarke, the owner of Bentley House Apartment Hotel, and reached several compromises with regard to noise, traffic and parking. These compromises are written into the lease between Mr. Miller and Jerry J. Moore Investments to help appease Mr. Clarke and to control the negative effects of this type of use. Mr. Spear requested that the Commission reconsider their earlier decision and allow Bullwinkles the use of the existing outdoor patio. Chairperson Sawtelle stated that Mr. Spear and Mr. Miller had an opportunity to speak on this issue earlier. The information presented by Mr. Spear may have been beneficial to the Commission in reaching a decision; however, due to the late hour, the Commission will not reconsider the conditions of approval of the conditional use permit for Bullwinkles. Mr. Esmond agreed and stated that he is not sure if the Commission can legally reconsider their earlier decision. AGENDA ITEM NO. 11: Adjourn. Mr. Hawthorne moved to adjourn the meeting of the Planning and Zoning Commission. Mr. Mariott seconded the motion which passed unopposed (5 - 0). A Plann g Technician, Natalie Thomas AP O C airpers n, Nancy Sawtelle P & Z Minutes March 19, 1992 Page 8 PLANNING AND ZONING COMMISSION LJ GUEST REGISTER ( / DATE ~ l ~ ( C~~ NAME 4. ? (~ 5. ~aF.1s L I h~c~a 13. t4. 15. 16. 17. 18. tg. 20. 21. 22. 23. 24. ADDRESS 2 ~ • ~ ~v P ~/ ~ ,~- ., 7 0 7 J 2~C R.3 ~ V Er. C A S. 10~ ~ ~-ter;l' - 13~ti.,n ~y ,~ q io ke ivy S~.3~f ~t ~,.f ~ 2.9 ~~ ~~~i ,~ . i~~ / c.s 7 25.