HomeMy WebLinkAbout08/04/1994 - Minutes - Planning & Zoning CommissionMINUTES
Planning & Zoning Commission
CITY OF COLLEGE STATION, TEXAS
August 4, 1994
7:00 P.M.
COMMISSIONERS PRESENT: Chairman Hawthorne and Commissioners Smith, Garner,
Lightfoot, Hall, Lane and Gribou.
COMMISSIONERS ABSENT: None.
STAFF PRESENT: Assistant Director of Economic & Development Services
Callaway, Assistant City Engineer Morgan, Planning
Technician Thomas, Staff Planner Kuenzel, Transportation
Planner Hard and Development Coordinator Volk.
(Council Liaison Crouch was in the audience.)
AGENDA ITEM NO. 1: The Consent Agenda consists of non-controversial or
"housekeeping" items required by law. Items may be removed from the Consent Agenda by
any citizen, City staff member, or Commissioner by making such a request prior to a motion
• and vote on the Consent Agenda.
(1.1) Approval of minutes from the meeting of July 21, 1994.
(1.2) Consideration of a final plat for the Pebble Creek Phase 4A Subdivision. (94-232)
(1.3) Consideration of a final plat for the Pebble Creek Phase 4B Subdivision. (94-233)
(1.4) Consideration of a final plat for the Pebble Creek Phase 4C Subdivision. (94-234)
(1.5) Consideration of a final plat for the Pebble Creek Phase SA Subdivision. (94-225)
(l .6) Consideration of a final plat for the Pebble Creek Phase SB Subdivision. (94-226)
(1.7) Consideration of a final plat for the Pebble Creek Phase SC Subdivision. (94-227)
(1.8) Consideration of a final plat for the Harvey Road East Subdivision. (94-235)
(1.9) Consideration of a final replat for the Southwood Valley Section 30 Subdivision. (94-236)
(1.10) Consideration of a preliminary plat for the Willow Run E.T.J. Subdivision. (94-312)
Assistant City Engineer requested that consent agenda item 1.8 be removed from the consent agenda
• for further discussion.
Commissioner Gribou moved to approve the consent agenda with the exception of agenda item 1.8,
Harvey Road East Final Plat, with the recommendations outlined in the individual staff reports.
Commissioner Smith seconded the motion which passed unopposed (7 - 0).
(1.8) Consideration of a final plat for the Harvey Road East Subdivision. (94-235)
• Assistant City Engineer Morgan stated that in the Presubmission Conference Report for the Harvey
Road East final plat there is a request that a 15' public utility easement be provided along the East
Bypass frontage road. That easement is to cover existing utilities and will be dedicated by a separate
instrument. On the revised final plat drawing, there is a floodway easement on the Patel property that
must be clearly defined so that it can be field located. Staff recommended approval of the final plat
with the condition that the drainage easement be clearly defined, titled a "drainage easement" and with
a general note on the plat stating that maintenance of the easement will be the responsibility of the
property owner.
Commissioner Hall moved to recommend approval of the final plat of the Harvey Road East
Subdivision with staff recommendations. Commissioner Gribou seconded the motion which passed
unopposed (7 - 0).
AGENDA ITEM NO. 2: Consideration of a final plat for the Pebble Creek Phase SD
Subdivision. (94-228)
Assistant City Engineer Morgan presented the staff report and recommended approval of the final plat
with the conditions that the pedestrian park access be installed and the minimum 10' right-of--way be
provided on the plat to cover the access ways. The preliminary plat for Pebble Creek Phase 5 was
approved with this condition pertaining to the pedestrian access through the rear of Putter and Driver
Court cul-de-sacs. The applicant is requesting a variance to this requirement.
A.P. Boyd of Pebble Creek Development informed the Commission that he is concerned with security
problems if pedestrian access is required through the two cul-de-sacs. There are currently sidewalks
along both sides of Spearman Drive and there will be sidewalks along both sides of Parkview Drive to
facilitate the pedestrian traffic including the students of the proposed elementary school. Mr. Boyd
• stated that the pedestrian access ways would only lead to an open park and not to the actual school
site. Instead of encouraging pedestrian traffic into an unimproved park area, pedestrians should be
encouraged to utilize the sidewalks. Pedestrians would also be forced to walk in the street along
Putter and Driver Courts since no sidewalks are required on those cul-de-sacs. Installing the
pedestrian access ways will also create problems with fence placement and future maintenance
problems once the access way is fenced along both sides.
Commissioner Hall moved to recommend approval of the final plat of Pebble Creek Phase SD and
grant the variance request to not provide pedestrian access ways through Putter and Driver Courts.
Commissioner Lane seconded.
Commissioner Gribou stated that the proposed pedestrian access ways will only be providing access
for the residents of those two cul-de-sacs. Anyone else who uses the access will have to walk in the
street to get to it.
Commissioner Hall stated that there is a precedent set with the Brothers Pond Park in that there is not
direct access to the park. This has not been a problem for the lot owners in that area and it should not
be imposed on this developer.
The motion to recommend approval of the final plat and grant the variance request passed unopposed
(7 - 0).
AGENDA ITEM NO. 3: Public hearing to consider a rezoning request of lot 6, block 4 of
the Harvey Hillsides Subdivision located on the southeast corner of Linda Lane and State
Highway 30 from A-O Agricultural Open to C-2 Commercial Industrial. (94-115)
• Staff Planner Kuenzel presented the staff report and recommended denial of the proposed rezoning
request. The subject property has over 500' of frontage along State Highway 30 and approximately
500' of depth.
P ~: 7_ Mirrrrtes Azrgrrst -l, 199- Page 2 of 7
Staff Planner Kuenzel stated that the depth is adequate according to Development Policies relative to
commercial zoning districts. However, the request is for C-2 which is a commercial zoning district
• that also allows industrial uses. The tract is adjacent to developed single family residential (Harvey
Hillsides Subdivision). It would violate Development Policies to place C-2 zoning adjacent to single
family development. The subject tract is located at the intersection of a major arterial, State Highway
30, and a proposed minor arterial, Linda Lane, which according to Policies is an appropriate location
for commercial zoning. Linda Lane is presently a rural residential street. It lacks curb and gutter and
is not built to City standards. Commercial zoning might be more appropriate at this intersection when
the roadway is upgraded to its proposed minor arterial standard and depending on the surrounding
land uses at that time. The Land Use Plan reflects the south side of State Highway 30 as low density
residential. This request is not in compliance with the Land Use Plan. Pending an update of the plan
that addresses the frontage along State Highway 30, staff would be reluctant to recommend in favor of
a rezoning that is not in compliance with the current plan. Although some Development Policies
might support this request, there should be consideration given to the adjacent single family
development and protection of that development as the foremost consideration. Five surrounding
property owners were notified with several responses from the residents of the adjacent single family
subdivision. Many concerns were expressed of the wide range of uses allowed in a C-2 zoning
district.
Chairman Hawthorne opened the public hearing.
Applicant Victor Drozd approached the Commission and stated that he would like to locate his office
building with a small warehouse on the subject property. The warehouse will be used to store shop
equipment associated with the business. Mr. Drozd stated that noise and traffic should not be a
problem with the proposed office building and warehouse.
Lynn Mills of 2 Linda Lane approached the Commission and presented a petition from approximately
forty homeowners in the adjacent subdivision. The lots average from two to five acres with expensive
• homes. This section of Harvey Road is a main entrance to College Station and the uses allowed in a
C-2 zoning district are not the types of businesses that should be allowed in an entryway. Ms. Mills
stated that the surrounding homeowners are concerned with the intense uses allowed in a C-2 zoning
district and the devaluing of their property if the proposed rezoning request is granted.
John Smith of 13 Ranchero Road stated that if the rezoning request is granted, it would open up a
variety of potentially intense uses allowed in the C-2 zone.
Robert Maggio of 15 Vista Lane informed the Commission that some lots in the subdivision are
vacant; however, the majority of those lots are owned by the adjacent homeowners in the subdivision.
Linda Lane is currently a narrow street and will probably not become an arterial because the properties
cannot be subdivided. If C-2 zoning is allowed, other properties in the area along Harvey Road will
also request C-2 zoning.
Jean Vilas of l5 Ranchero Drive approached the Commission and stated that the Linda Lane is a
single lane street that cannot hold additional traffic without being widened considerably. She stated
that there are other areas in town more suitable for C-2 development that would not lower the
property values of adjacent residential development.
Kay Simmons of 19 Vista Lane informed the Commission that by allowing the proposed C-2 rezoning,
it would begin a trend of industrial development in the area. She stated that there are no assurances as
to how long the applicant will have the proposed building and a future owner may require a more
intense use of the property. With the proposed rezoning, more intense uses would be allowed in the
future.
• Greg Karr of 18 Vista Lane informed the Commission that he owns three acres directly behind the
subject property and he is opposed to the rezoning request.
Chairman Hawthorne closed the public hearing.
P & Z Minutes Angrrsl -1, 19>-~ Yc~ge 3 of 7
Commissioner Garner moved to deny the rezoning request of lot 6, block 4 of the Harvey Hillsides
Subdivision located on the southeast corner of Linda Lane and State Highway 30 from A-O
• Agricultural Open to C-2 Commercial Industrial. Commissioner Smith seconded the motion.
Commissioner Gribou stated that there is a need for a restudy of the entire area. However, the
property will probably not stay A-O forever and traffic will be increased. At this time, the C-2 zoning
is not appropriate.
Chairman Hawthorne agreed and stated that granting the proposed rezoning would be a piecemeal
approach to development in the area.
Commissioner Hall encouraged the property owners to form a committee and try to work with City
staff so that an agreeable position can be reached for future development. The homeowners should try
to resolve this issue before more development pressures occur in the area.
The motion to recommend denial of the rezoning request passed unanimously (7 - 0).
AGENDA ITEM NO. 4: Public hearing to consider a rezoning request 1.77 acres located in
the Harvey Road East Subdivision adjacent and to the rear of the existing Furrow's site from
C-1 General Commercial to C-2 Commercial Industrial. (94-116)
Staff Planner Kuenzel presented the staff report and recommended approval of the proposed rezoning
request. The rezoning is being requested for the expansion of the existing Furrow's site to supply an
additional building for lumber storage and additional parking for employees. A private access
easement will be constructed out to the existing right-of--way to the rear that runs behind Furrow's,
Sam's and Hollywood USA Theater. This access will be for employees to access the rear parking
area. Six surrounding property owners were notified with one call expressing concern about drainage
in the area including the adjacent Windwood Subdivision. The existing drainage problems are not an
• issue with this particular rezoning request.
Chairman Hawthorne opened the public hearing.
Jim O'Keefe, the real estate manager for Payless Cashways of 230 Main Street in Kansas City,
Missouri approached the Commission and stated that the existing College Station Furrow's business
ranks within the top 10 stores in the country. Because of this success, there is a need to expand to
provide additional employee parking and improve the accessibility of materials in the yard area.
Providing employee parking with rear access through the existing alley will allow more customer
parking in the front of the building. There is an existing temporary agreement with the adjacent Sam's
site to allow Furrow's employees to park in the Sam's lot until the additional employee parking is
provided. The additional warehouse canopy will allow for the reorganization of existing materials so
that they are more accessible to the public. The plan for next year is to allow customers in the
warehouse area and allow them to pay at the outside booth instead of entering the store, obtaining a
purchase request, paying the cashier and then driving around to the warehouse to pick up the product.
The adjacent 1.83 is under contract with the condition of obtaining City approval for the proposed
expansion. Mr. O'Keefe stated that Larry Wells with the Municipal Development Group is the
engineer for the project and has submitted a final plat for the property. The drainage ordinance has
been met and detention will be provided in the northeast corner of the proposed addition.
Sherry Ellison of 2705 Brookway Drive in the Windwood Subdivision expressed five concerns with
the proposed expansion: drainage, noise, buffering, traffic and notification. There is an existing
drainage problem in this general area that causes flooding and erosion in the Windwood Subdivision.
The drainage for the existing Furrow's site including the proposed expansion should be funneled into
Carter Creek instead of the existing neighborhood. Noise is also a consideration with the existing
• trucks and equipment utilized at the Furrows site including the outdoor speaker system. Two way
radios should be required so that the speaker system is not heard in the adjacent subdivision. The
existing vegetative buffer between Furrow's and Windwood will be destroyed with the proposed
expansion and should be replaced with an adequate buffer.
P c~ Z Mrruiles A~rgr~st -~, 199-1 Page ,~ of 7
Ms. Ellison informed the Board that traffic is a major consideration and the proposed expansion will
only increase traffic along Harvey Road including the additional employee parking that will utilize the
alley that currently runs behind the subject property. The final concern is the lack of notification of the
• Windwood Subdivision property owners. The requirement is to notify property owners within 200';
however, it is 250' from Furrow's to State Highway 30. The neighborhood was not notified of the
expansion and will be impacted the most by the proposed development. Ms. Ellison requested that the
subdivision be notified in the future of any development in the general area.
Chairman Hawthorne closed the public hearing.
Commissioner Hall moved to recommend denial of a rezoning request of 1.77 acres located in the
Harvey Road East Subdivision adjacent and to the rear of the existing Furrow's site from C-1 General
Commercial to C-2 Commercial Industrial. The motion died due to lack of a second.
Commissioner Lightfoot moved to recommend approval of the rezoning request from C-1 General
Commercial to C-2 Commercial Industrial. Commissioner Lane seconded the motion.
Commissioner Lightfoot stated that he sympathizes with the concerns of the Windwood homeowners;
however, there are still many trees on the lot located between Highway 30 and the subject property.
The noise from the traffic along Highway 30 is probably more consistent and constant than the
increased noise caused by the proposed addition.
Assistant City Engineer Morgan stated that drainage is more of a site plan issue than a zoning or
platting issue. The site plan must comply with the current ordinance.
Chairman Hawthorne stated that Furrow's has a considerable problem and the proposed rezoning
should not have much of an effect as far as noise and traffic. He requested that staff look at the traffic
of the overall area to see what can be done to solve the traffic problems around the intersection of
State Highways 6 and 30.
• Commissioner Hall expressed concern that Furrow's is attempting to fix an immediate business
problem by providing additional employee parking. Not all cars parked in the Sam's parking lot are for
employees. The proposed expansion is not a solution to the problem and would only free up
additional parking for employees and customers. Commissioner Hall stated that he cannot vote in
favor of the rezoning request because Furrow's is not looking at providing a long term solution that
will benefit the entire neighborhood. If a business wants to expand, it should be their responsibility to
take care of the existing problems with the business. This is an opportunity to solve a much larger
problem and Furrow's should come back with a better solution.
The motion to recommend approval of the rezoning request passed (6 - 1); Commissioner Hall voted
in opposition to the motion.
AGENDA ITEM NO. 5: Consideration of arr appeal from the Project Review Committee to
require a sidewalk along the Texas Avenue frontage road for the proposed Goodyear Tire Store
to be located on lot lA, block 15 of the Southwood Plaza Phase One Subdivision. (94-412)
Assistant City Engineer Morgan informed the Commission that the Project Review Committee
required a sidewalk along the Texas Avenue frontage road in accordance with the sidewalk master
plan. There is an existing concrete cap over the adjacent drainage ditch that would allow for
pedestrian access into the Sonic site.
Greg Taggart with the Municipal Development Group informed the Commission that the owner of the
property has concerns with building a sidewalk that leads to the Sonic Site that does not have a
sidewalk. He agrees that sidewalks have to be installed at some point in time; however, this is not the
• time to install a sidewalk that will not be utilized. Timing is the main concern in that other properties
along Texas Avenue must install sidewalks at the same time in order for them to be utilized. The City
could install a continuous sidewalk at a later time and assess each property owner for their section of
the sidewalk.
P & 7_ Mimiles A~ignsl -~, 199-1 Page ~ of 7
•
•
•
Commissioner Hall expressed concern with installing a rail or fence along the drainage cap so that
pedestrians do not fall into the drainage ditch.
Assistant City Engineer Morgan explained that since that section is a drainage right-of--way, the City
will install the rail. The sidewalk the applicant is required to build would stop short of the inlet box.
The City would try to fund the small piece that would take you through the 30' drainage right-of--way.
Commissioner Hall stated that the City should not encourage a sidewalk that leads into an open
drainage inlet unless they are prepared to install a rail and build their portion of the sidewalk.
Commissioner Lane questioned if the applicant could make a donation to a sidewalk fund that could
later be used to construct the sidewalk.
Assistant City Engineer Morgan stated that the City does not currently have that capability. The City
can assess the property owners; however, there is not a full cost recovery due to administrative costs.
Commissioner Lightfoot agreed with Commissioner Hall and stated that there will probably be some
pedestrian traffic with the adjacent Sonic and Walmart developments.
Commissioner Gribou moved to deny the variance request and require a sidewalk along the Texas
Avenue frontage road for the proposed Goodyear Tire Store to be located on lot 1 A, block 15 of the
Southwood Plaza Phase One Subdivision. Commissioner Smith seconded the motion.
Commissioner Hall moved to amend the original motion to require the City to complete their portion
of the sidewalk near the drainage cap including the handrail with the construction of the sidewalk for
the Goodyear Tire Store. Commissioner Lightfoot seconded the amendment which passed unopposed
(7 - 0).
AGENDA ITEM NO. 6: Consideration of a previously tabled Zoning Ordinance
Amendment to Section 12.3B and Table I1, pertaining to the regulation of subdivision signs.
(94-803)
The original motion to deny the variance request as amended passed unopposed (7 - 0).
Commissioner Hall moved to remove the proposed Zoning Ordinance amendment pertaining to
subdivision signage off the table. Commissioner Gribou seconded the motion which passed
unopposed (7 - 0).
Staff Planner Kuenzel informed the Commission that after researching the original Section 12 of the
Zoning Ordinance, nothing specific was found that dealt with the 10' setback requirement for
subdivision signs. As the Streetscape regulations allow for planting within the right-of--way and the
sign regulations call for landscaping to be placed around subdivision signs, it makes sense that
someone would want to incorporate the two. The proposed ordinance amendment does not allow
placement within the right-of--way without the City's approval. It merely removes the 10' setback
requirement. The City will not approve a subdivision sign in any location that would impair visibility
or interfere with utilities. The proposed amendment allows the developer and the City some flexibility
in sign placement.
Commissioner Hall stated that he is still concerned with signage being placed in the right-of--way.
When the sign is placed on private property it is clear who is responsible for maintenance; however, if
signs are allowed in the right-of--way, the maintenance responsibility is not as clear. The subdivision
signs for Woodcreek and Emerald Forest Subdivisions are examples of signs placed in the right-of-
way.
Staff Planner Kuenzel stated that the maintenance is still the responsibility of the homeowner or
possibly a homeowner's association if placed in the right-of--way. Even on a residential lot the
property owner is responsible for maintenance to the curb line and not the right-of--way line.
1' (~ Z /~/1/illl/C'S
A~igust -!, 199.1
Pcr~~E~ G c~ f 7
Chairman Hawthorne stated that he is still unclear as to why the ordinance should be changed. From
an economic standpoint, the ordinance amendment will allow the signs to be taken off an individual lot
• thus increasing the value of that lot. However, there are going to be variance requests regardless of
how the ordinance is amended. Some consistency should be established about where subdivision signs
have to be located especially in relation to an intersection.
Commissioner Gribou stated that he does not see a problem with eliminating the existing 10' setback
requirement; however, he is concerned with placing signage in the right-of--way. Commissioner
Gribou moved to recommend approval of the Zoning Ordinance amendment as presented with the
replacement of the following paragraph for the third paragraph in Section 12.3 B, Subdivision and
Area Identification Sign:
"Both area identification and subdivision signs must be located on the premises as identified
by a preliminary or master preliminary plat of the subdivision. Subdivision signs will be
permitted only at intersections on the perimeter of the subdivision. At each intersection
either one or two subdivision signs may be permitted so long as the total area of the signs
does not exceed 150 square feet. Banners or flags may be utilized as subdivision
identification signs but the overall height shall not exceed sixty (60) feet."
Commissioner Hall seconded the motion which failed (3 - 4); Commissioners Lane, Lightfoot, Smith
and Hawthorne voted in opposition to the motion.
Commissioner Lane moved to recommend that the Section 12.3 and Table II of the Zoning Ordinance
remain as is without the proposed changes. Commissioner Lightfoot seconded the motion which
passed (5 - 2); Commissioners Gribou and Garner voted in opposition to the motion.
AGENDA ITEM NO. 7: Other business.
• Commissioner Lane requested that staff explore the possibility of an escrow account that could be
utilized to install sidewalks that would prevent the use of bond funds.
AGENDA ITEM NO. 8: Adjourn.
Commissioner Gribou moved to adjourn the meeting of the Planning and Zoning Commission.
Commissioner Lane seconded the motion which passed unopposed (7 - 0).
APPRO V~~;~
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ATTEST:
Planning Technician, Natalie Thomas
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P c~ Z Mirnites Arigrist -l, 199- Page 7 of 7
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