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HomeMy WebLinkAbout01/21/1993 - Minutes - Planning & Zoning Commission• MINUTES Planning and Zoning Commission CITY OF COLLEGE STATION, TEXAS 7:00 P.M. January 21, 1993 MEMBERS PRESENT: Chairperson Hawthorne, Commissioners Gribou, Smith, Mariott, Hall, Herring and Lane. MEMBERS ABSENT: None. STAFF PRESENT: Senior Planner Kee, Planning Technician Thomas, Planning Assistant Kuenzel, Development Coordinator Volk and City Planner Callaway, Transportation Planner Hard AGENDA ITEM NO. 1: Approval of the minutes from the meeting of January 4, 1993. • Commissioner Hall moved to approve the minutes of the meeting of January 4, 1993 as presented. Commissioner Herring seconded the motion which passed unopposed (7 - 0). AGENDA ITEM NO. 2: Public hearing to consider a conditional use permit request by Aggie Sigma Chi for a fraternity house to be located on lot 2 of the Fraternity Row Subdivision located at Deacon and Wellborn Road. (93-702) Staff Planner Kuenzel presented the staff report. She stated that the subject property was obviously intended for fraternity use; however, each individual site must come before the Commission for review and approval. Sixteen surrounding property owners were notified of this request with no response. Chairperson Hawthorne opened the public hearing. Representative of the applicant Cal Young approached the Commission and presented a letter of recommendation from the Texas A&M University Department of Student Activities. He stated that the intention of the developer was to create a subdivision specifically for fraternity use. Mr. Young offered to answer any questions pertaining to the proposed request. Chairperson Hawthorne closed the public hearing. Commissioner Hall questioned staff as to the absence of a landscape plan. Staff Planner Kuenzel assured Mr. Hall that a landscape plan would have to be submitted and approved prior to issuance of a building permit. Commissioner Mariott moved to approve a conditional use permit request by Aggie Sigrna Chi for a fraternity house to be located on lot 2 of the Fraternity Row Subdivision located at Deacon and Wellborn Road. Commissioner Lane seconded the motion which passed unopposed (7 - 0). • AGENDA ITEM NO. 3: Public hearing to consider a conditional use permit request for a tutoring center to be located at 301-D Patricia in the Northgate zoning district. (93-700) Staff Planner Kuenzel presented the staff report. At the time the first conditional use permit was considered, there had been a concern for parking. The center supplies 25 parking spaces, which is actually more than most other sites in the Northgate zoning district. The zoning ordinance gives the project review committee discretion to require parking when possible; however, unlike other commercial districts, there are no predetermined requirements for parking. If the center were in a C-1 district, it would have to supply 32 parking spaces. A maximum of twenty-five percent of the total leasable space would then be allowed to be used for intense purposes. Twenty surrounding property owners were notified of the request with no response. Chairperson Hawthorne opened the public hearing. Applicant George Sopasakis approached the Commission and referenced his letter submitted with the conditional use permit application. The present traffic of the existing tutoring facility indicated that on the average, there are 15% of vehicle customers, 30% of bicycle and 55% of walk in customers. The other businesses located in the same center include Burger Boy, a bicycle food delivery operation, and Varsity Hair Shop, which closes at 5:00 p.m., and the ATS Group currently operating at 40% its capacity. The parking lot can accommodate 28 cars and there are 6 extra spaces on Boyett Street. Representative of A & M Presbyterian Church, W. P. Worley, approached the Commission and stated that there are parking problems in this area especially in the evening. He stated that the church is not necessarily in opposition to the proposed use; however, there is not enough parking available to accommodate the increased traffic. Mr. Worley stated that his main concern is having the city look at the parking problem of the entire Northgate area. Mr. Sopasakis stated that the tutoring center will not be open on Friday and Saturday evenings except during final exams. He added that his proposed hours of operation will be from 6:00 p.m. to 10:00 p.m. Paul Clarke, an owner of property that abuts this site, approached the Commission and stated that he does not oppose the proposed use and that he has plans to provide more parking in the area. Chairperson Hawthorne closed the public hearing. Commissioner Hall stated that the traffic in this area is a problem and it would be to the applicant's advantage to not open before 6:00 p.m. He added that the city needs to be mindful that the Northgate area needs parking and the problem is only getting worse. Commissioner Hall moved to approve the conditional use permit request by George Sopasakis to allow a tutoring center to be located at 301-D Patricia in the Northgate zoning district. Commissioner Gribou seconded the motion. Commissioner Herring stated that the Northgate area is currently over saturated with parking and the applicant's estimate of vehicle traffic is low. The motion to approve the conditional use permit passed, (6 - 1); Commissioner Herring voted in opposition to the motion. AGENDA ITEM NO. 4: Public hearing to consider a conditional use permit request for the use only of a vet clinic to be located at~,26'Millers Lane. (93-7~ ~a3 Staff Planner Kuenzel presented the staff report and stated that the project review committee has • not yet reviewed this proposal because the applicant has chosen to submit a use only request. The site plan will need Commission approval as well but will be submitted at a later date. P & Z Minutes January 21, 1993 Page 2 [: i• I• Staff Planner Kuenzel stated that the land use plan for this area has been the subject of recent study with the 2818 Extension Report. City Council has approved office-commercial for this particular area. Currently, a few single family homes still exist. There are two homes to the east of the subject site, and several to the west. Sixteen surrounding property owners were notified of the request with one call in opposition from the abutting neighbor to the west. Chairperson Hawthorne opened the public hearing. Pat Siegert of 8701 Chippendale, approached the Commission and spoke in favor of granting the conditional use permit. He stated that he is the broker who is handling the transaction of the subject property and has listed the adjoining property to the east. A vet clinic is appropriate for this area and the two neighbors to the east are in favor of granting the conditional use permit. Mr. Siegert stated that the property owner to the west, Mr. Jordan, has an office number listed in the phone book at his home address and is working out of his home. Representative of the current owner Alton Ofezarzak approached the Commission and stated that he is favor of the proposed conditional use permit. He stated that the current home is too close to the street to be used as a residence and that a commercial use is more appropriate. The neighboring property owner, Mr. Jordan, is currently operating a business out of his home. Applicant Maxine Stiles approached the Commission and stated that her business would be low volume and primarily cat and dog care. Ms. Stiles stated that she will bring the site up to current codes and still maintain the residential character of the neighborhood. Animals will be kept inside the building and large animals will not be treated at the proposed clinic. The basic hours of operation will be from 7:00 a.m. to 6:00 p.m. Paul Clarke of Clarke and Wyndham Realty approached the Commission and spoke in favor of the conditional use permit request. John Jordan of 117 Millers Lane approached the Commission and stated that he is not operating a business out of his home. He does have a personal office in his home; however, there is never anyone outside of his family that goes into the office. (Mrs. Bertrand verified that there is never any commercial business operations at his home.) Mr. Jordan informed the Commission that he has lived in this home for twelve years and has continuously improved the property. He is concerned with the continued pressure of commercial uses in this strictly residential area. A vet clinic located next door to his home will negatively impact his property value. Chairperson Hawthorne closed the public hearing. Commissioner Herring moved to approve the conditional use permit request by Dr. Stiles for the use only of a vet clinic to be located at 123 Millers Lane. Commissioner Lane seconded the motion. Commissioner Hall stated that he understands Mr. Jordan's concerns and suggested that the Commission restrict the number of animals that can be boarded at this facility. He stated that by limiting the number of animals boarded after hours, there will be less of a noise problem. Dr. Stiles informed the Commission that boarding is part of the vet services she plans to provide; however, it will not be the primary business. The houses are distanced far enough apart that there should not be a problem with noise. Dr. Stiles added that there is no way that she can predict how many cages that she will need for boarding purposes. Commissioner Hall moved to amend the original motion to limit the boarding of overnight and weekend healthy animals to 15. The amendment died due to lack of a second. The original motion to approve the conditional use permit passed, (5 - 1 - 1); Chairperson Hawthorne abstained from voting and Commissioner Hall voted against the motion. P & Z Minutes January 21, 1993 Page 3 AGENDA ITEM NO. 5: Public hearing to consider a rezoning request for nine tracts totalling 38.23 acres located along the south side of F M 2818 extension at the East By Pass from R-1 single family residential to Gl General Commercial (93-100) Senior Planner Kee presented the staff report and stated that if the city wishes to deviate from the future land use plan as adopted in the 2818 report by rezoning this property, the following conditions should be imposed: -- We should acknowledge and state that we wish to deviate from the land use plan as adopted and adopt a different concept so that future rezonings will be in compliance with out comprehensive plan. We would be acknowledging that this concept is more desirable than the one we had previously adopted. -- The property should be platted prior to the zoning becoming effective. This plat should contain one or more lots that function as one integral unit from a traffic circulation, driveway access and signage standpoint. Access easements should also be considered to provide cross access to adjacent properties if appropriate. Senior Planner Kee stated that at the time of platting and as the Dartmouth Street right-of-way is established, we will look at the remaining part of this 38 acres that ends up on the west side of Dartmouth to determine whether it should remain C-1. We will determine whether it has adequate depth along Dartmouth to comply with our development policies. If it does not then we should look at some other zoning classification and at that time also consider land use and buffer arrangements depending on existing conditions. The applicant has also requested that the Dartmouth extension be relocated to the most westerly property boundary so as to allow for more developable area. Twenty-two surrounding property owners and a representative of the Mile Drive residents were notified of the public hearing and two responses in opposition to the rezoning • request were received. Chairperson Hawthorne opened the public hearing. Applicant John Doucet of 5524 Bee Cave Road in Austin approached the Commission and stated that he represents the land owners of the property in question. He stated that he also represents a national retail firm who has been looking into locating in College Station for some time. The minimum size that is required for this particular development is approximately 25 to 30 acres; however, there are not many sites of this size in College Station. Mr. Doucet added that the proposed location is appropriate for retail use primarily because of the transportation infrastructure recently installed and the accessibility to the East By Pass. The existing surrounding residential development will be buffered from the retail development by the proposed roadways and the existing creek. Because the area in question will be occupied by one user and adequate buffers are provided, the proposed development will not compromise the surrounding land uses. Mr. Doucet stated that the proposed development will provide a tax base to College Station and would allow the opportunity to obtain the majority of the right-of-way for the Dartmouth extension. Commissioner Gribou questioned the applicant as to the possibility of not relocating the Dartmouth extension. Mr. Doucet explained that because of the size of the proposed building and the parking required, Dartmouth would have to be relocated in order to fit everything on the site. Pat Siegert of Clarke & Wyndham Realty approached the Commission and stated that he agrees with the points made by Mr. Doucet. He stated that he is currently listing the property immediately across the street from the subject property. This property will facilitate the other two corners of the proposed Dartmouth extension. The proposed relocation of Dartmouth would not be a problem for the current property owner. Mr. Siegert stated that because of the existing and proposed infrastructure, both locations are appropriate for retail use. P & Z Minutes January 21, 1993 Page 4 • Gail Griffin of 108 Mile Drive approached the Commission and stated that she has lived in this residence for fifteen years and has worked with the city on several occasions on the development of the surrounding area. She stated that she is interested in the growth of College Station; however, she is more concerned with an organized growth. The property owners and city staff worked at length to come up with an acceptable land use plan for this particular area. Once a rezoning is granted for retail development in this area, the plan is changed and a domino effect will begin to demand more commercial development. If this rezoning is granted, there is a possibility that the deal will fall through and anyone could come in and subdivide the property for their own commercial use. The residents of Mile Drive met last night and decided unanimously to encourage the Commission to not rezone the subject property and to preserve the desired mixture of uses in this area. Chairperson Hawthorne asked Ms. Griflin if the rezoning request was granted and all of the property south of the creek stayed the same, would this be an acceptable situation. Ms. Griffin stated that the proposed situation may be acceptable; however, there will still be a domino effect created and increased pressure to rezone the remaining areas. John Jordan of 117 Millers Lane approached the Commission and stated that if the proposed rezoning is granted, two existing residences will have to be demolished. If this is allowed, the door is open to developers to come into any residential neighborhood and remove homes for commercial purposes. Mr. Jordan continued that the widening of F M 2818 has devalued his property for residential purposes. This area was originally planned for residential use and should continue as residential. C. A. Bertrand of 120 Millers Lane approached the Commission and stated that he sees both sides of the arguments presented. He stated that he owns the majority of the property in question and has lived in this area for thirty-five years. Mr. Bertrand stated that he is familiar with the proposed development and does not have a problem with this particular rezoning request. However, he is concerned with allowing commercial uses along the entire F M 2818 extension and allowing strip development. The residential character of the area should be preserved and can be with the proposed buffering associated with the proposed development. Chairperson Hawthorne closed the public hearing. Commissioner Mariott moved to recommend approval of the rezoning request for nine tracts totalling 38.23 acres located along the south side of the F M 2818 extension at the East By Pass from R-1 single family residential to C-1 general commercial with all recommendations outlined by staff. Commissioner Lane seconded the motion. Commissioner Hall expressed concern of going against the plan that staff, the Commission and City Council put so much time and effort into developing. He stated that he has a strong sense that the City Council wanted this particular land use plan and he would need more direction from the Council before taking action on this particular rezoning request. Commissioner Hall stated that the city has the opportunity to provide another pleasing entrance along a primarily vacant major thoroughfare like University Drive. The entire purpose of the F M 2818 Study was to be prepared for development pressures along this corridor. Commissioner Hall also expressed concern of the environmental impacts of this size and type of development located so close to the creek. Chairperson Hawthorne stated that he met with Mr. Doucet this afternoon to discuss this particular request. He stated that he was a member of the subcommittee that worked on the F M 2818 Study and feels that we do have direction from City Council. The proposed land use plan that the Commission forwarded to City Council had more retail commercial uses and higher density areas. The City Council had problems with that proposal and revised the proposed land use plan. P & Z Minutes January 21, 199.3 Pale S ~~ Chairperson Hawthorne stated that he is not anti-business; however, College Station is a rapidly growing community and we should be aware of that fact and should have a goal to attract businesses in the appropriate locations. He expressed concern of deviating from the proposed land use plan that derived from public involvement and staff working with the Commission and City Council. Before deviating from the plan at such an early stage, we should first establish why we should even reconsider the plan. The motion to recommend approval of the rezoning request failed (2 - 5); Commissioners Mariott and Lane voted in favor of the motion. AGENDA ITEM NO. 6: Consideration of a final amending plat of Chimney Hill Villas. (93-203) Assistant to the City Engineer Morgan presented the staff report and recommended approval of the amending plat with the following conditions: -- Access is limited to the rear access easement. This should be reflected in a note on the plat. -- A note on the plat should reflect a finished floor elevation for lot 11 to adequately protect any structure from flooding due to storm sewer system overflow. • Representative of the applicant Christian Galindo approached the Commission and offered to answer any questions pertaining to the proposed amending plat. Commissioner Mariott moved to recommend approval of the final amending plat of Chimney Hill Villas with staff recommendations. Commissioner Gribou seconded the motion which passed unopposed (7 - 0). AGENDA ITEM NO. 7: Other business. There was no other business. AGENDA ITEM NO. 8: Adjourn. Commissioner Mariott moved to adjourn the meeting of the Planning and Zoning Commission. Commissioner Lane seconded the motion which passed unopposed (7 - 0). APPROVED: .- .~ ~ _ , r .. - -- -- Chairperson, Kyle Hawthorne • A Planning Technician, Nata ie T omas P & Z Minutes January 21, 1993 Page 6 Registration Form (For persons who wish to address the Commission) Date of Meeting r~~; j~~ ~~--=,-Agenda Item No. __ -. ~~ ~~ , <~ _, . r ,~. 'c ' /t `~ Name ~ I '' j ~~ ~ ~~ ~ _ __ Address ~ ~ '~ ' ~ ~ ~ ~ ~ ',~ ~f speaking for an organization, Name of organization: Speaker's official capacity: ,, ~ Subject on which person wishes to speak: Please remember to step to the podium as soon as you are recognized by the chair, hand your completed registration form to the presiding officer and state your name and residence before beginning your presentation. If you have written notes you wish to present to the Commission, PLEASE FURNISH AN EXTRA COPY FOR PLANNING FILES. • Registration Form (For persons who wish to address the Commission) Date of Meeting - '' % Agenda Item No. r Name ~~ t>)~'> ~.~J~ T,~'s5~~/.~ Address ~ ~ ~~ wt/~~ „L=,~, ~~F . ~ = S speaking for an organization, Name of organization: Speaker's official capacity: Subject on which person wishes to speak: Please remember to step to the podium as soon as you are recognized by the chair, hand your completed registration form to the presiding officer and state your name and residence before beginning your presentation. If you have written notes you wish to present to the Commission, PLEASE FURNISH AN EXTRA COPY FOR PLANNING FILES. • Registration Form (For persons who wish to address the Commission) Date of Meeting ~ ~' Agenda Item No. Name W • ~' 6~ L/ Address ~Q61 l L L,q `(~ G. ~ ~f speaking for an organization, L,/ l~ Name of org ization: ANM ~~~5~j i~~~~~( C~yRG-fd ~'d~C~UQG1~ Speaker's official capacity: ~ W UR«(j ~M~~R A ~ ,~ ~u~ l~t~ G E L ~~~ ~ d F ~ ~~ CN UQ~~ Sf~S/~N Subject on which perso wishes to s eak: A X/ ~ ~~ A ~N vQC~ Qav~2rr A~fl7 /.u Gl~cr P Klti~ Gal Please remember to step to the podium as soon as you are recognized by the chair, hand your completed registration form to the presiding officer and state your name and residence before beginning your presentation. If you have written notes you wish to present to the Commission, PLEASE FURNISH AN EXTRA COPY FOR PLANNING FILES. • Registration Form (For persons who wish io address the Commission) Date of Meeting ~ Z ~ l ~ 3 Agenda Item No. '~? " , Name ~ ,v z Address ~-1~/ /~a,~, , ~-, (°e-P o~~ , u ~f speaking for an organization, Name of organization: Speaker's official capacity: Subject on which person wishes to speak: ~~~~~~ a- Gov-~., ~'~~c,~ , . Please remember to step to the podium as soon as you are recognized by the chair, hand your completed registration form to the presiding officer and state your name and residence before beginning your presentation. If you have written notes you wish to presF:nt to the Commission, PLEASE FURNISH AN EXTRA COPY FOR PLANNING FILES. • Registration Form (For persons who wish to address the Commission) Date of Meeting ~ ~' Agenda Item No. ' Name ~ ~ ~~ ~ ~~ ~~ ~~ .~--r . ~e Address ;'~ t ~ ' '/~_ ~` •f speaking for an organization, Name of organization: Speaker's official capacity: Subject on which person wishes to speak: Please remember to step to the podium as soon as you are recognized by the chair, hand your completed registration form to the presiding officer and state your name-and residence before beginning your presentation. If you have written notes you wish to present to the Commission, PLEASE FURNISH AN EXTRA COPY FOR PLANNING FILES. • Registration Form (For persons who wish to address the Commission) Date of Meeting Agenda Item No. ,- ,- Name ,~ ~.~~=' ' '~. .._ Address.~~~"~~. "¢ ,,,~,. ~~ - . ~f speaking for an organization, Name of organization: ,~- ,,//~ ; ' ~, '` Speaker's official capacity: -~, ; " + ~'. .. Subject on which person wishes to speak: /~f~. Apr /~ ~ .., , ,~ .- [} y J / '~ ~~ Y ~: Please remember to step to the podium as soon as you are recognized by the chair, hand your completed registration form to the presiding officer and state your name and residence before beginning your presentation. If you have written notes you wish to present to the Commission, PLEASE FURNISH AN EXTRA COPY FOR PLANNING FILES. • Registration Form (For persons who wish to address the Commission) ~: Date of Meeting ~ > ~ ~~ ~ ~ `~ Agenda Item No. _~ Name `> ~ ~ # r~ `- f11~ t `, _=, i~ ~~ ~' ~, Address "-~ cc t y ~! i d'-- i C ~ ~~ ~f speaking for an organization, Name of organization: Speaker's official capacity: (` ~ U ; to Subject on which person wishes to speak: Please remember to step to the podium as soon as you are recognized by the chair, hand your completed registration form to the presiding officer and state your name and residence before beginning your presentation. If you have written notes you wish to present to the Commission, PLEASE FURNISH AN EXTRA COPY FOR PLANNING FILES. • Registration Form (For persons who wish to address the Commission) Date of Meeting Agenda Item No. Name _ Address ~f speaking for an organization, Name of organization: Speaker's official capacity: Subject on which person wishes to speak: Please remember to step to the podium as soon as you are recognized by the chair, hand your completed registration form to the presiding officer and state your name and residence before beginning your presentation. If yoga have written notes you wish to present to the Commission, PLEASE FURNISH AN EXTRA COPY FOR PLANNING FILES. r ~ Registration Form (For persons who wish to address the Commission) Date of Meeting / 3 Agenda Item No. 9 ~ 70/ Name ~~,~ ~~/~ y l~~ ~~` I l~e c Address / / ~ ~) /,~ ~ ~ T _~ ~ ~f speaking for an organization, Name of organization: Speaker's official capacity: eject on w//hich person wishes to Please remember to step to the podium as soon as you are recognized by the chair, hand your completed registration form to the presiding officer and state your name and residence before beginning your presentation. If you have written notes you wish to present to the Commission, PLEASE FURNISH AN EXTRA COPY FOR PLANNING FILES. • ~Cannin~ ~' Zoning Commission Guest ~eBister Date ~_ - ' ,y~ ' ..r'_ :~. ame ~ cirfress 1. 2. 3. 4. 8. -, ,. `, .. ~. ~ `, `7 r- ' ., 21. 2z. 23. • 24. 25. ~~ ~ . L -s--> f C~ l l ~ ~y~-~ l ~~~~ C~ .~~ ~ ~ ~~ ,- - ~~~ C NU~C~ ~~ ~. 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