Loading...
HomeMy WebLinkAbout06/04/1998 - Minutes - Planning & Zoning CommissionMINUTES • Planning and Zoning Commission CITY OF COLLEGE STATION, TEXAS June 4, 1998 7:00 P.M. ,~ COMMISSIONERS PRESENT: Chairman Massey, Commissioners Lightfoot, Gribou, Garner and Rife. COMMISSIONERS ABSENT: Commissioner Parker. STAFF PRESENT: City Planner Kee, Graduate Engineer Kaspar, Staff Assistant Charanza, Assistant Development Coordinator Ruiz, Senior Planner McCully, Staff Planner Battle, Youth Services Coordinator Waddell, Assistant Director Parks & Recreation Ploeger, Planning Intern Mixon, Recreation Superintendent Waltman, Assistant City Engineer Morgan, Assistant City Attorney Robinson, and Assistant City Attorney Blackshear, • AGENDA ITEM NO. 1: Approval of minutes from the meeting of May 21, 1998, Commissioner Gribou moved to approve the minutes from the meeting of May 21, 1998 as written. Commissioner Lightfoot seconded the motion which passed unopposed (5-0). AGENDA ITEM NO. 2: Public hearing and consideration of a Conditional Use Permit for a proposed Teen Center to be located at 1600 Rock Prairie Road, in Southwood Athletic Park. (98703) Staff Planner McCully presented the staff report and stated that municipal facilities are conditional uses in any zoning district. The City Council approved funding last year for a Teen Center to satisfy Strategic Issue Number 11. The City Council had heard comments from citizens regarding a need to provide activities for young people. The City's Parks Department was put in charge of the project to work with the Council, Parks Board and Teen Advisory Board. The Southwood Athletic Park location was chosen for several reasons such as adequate parking already provided. The park currently serves as a recreational center for children (baseball fields, volleyball, tennis and basketball courts, and swimming pool and pavilion). The Park is located south of Rock Prairie Road between the Jr. High and the medical center with vacant A-O Agricultural Open to the south. Rock Prairie Road is a major arterial which separates the park from the residential neighborhood. The proposed location of the center is closest to the pool area near the rear of the property. The building would be approximately 4000 square feet in area. Some activities that would be held at the center include social activities such dances and • parties would be offered to primarily Jr. High students. The Parks Department is proposing to add onto the existing Park sign. P&Z Minutes June 4, 1998 Page 1 of 7 Staff notified 43 property owners within 200 feet of the subject property and received two calls in • opposition of the request. The Commission may permit a conditional use subject to appropriate conditions and safeguards, when after public notice and hearing the Commission finds that: (Staff Comments are in italics) 1. "The proposed use meets all the minimum standards established in the ordinance for the type of use proposed." The site meets all current parking and landscaping standards. 2. "That the proposed use meets the purpose and intent of the ordinance and is in ha~inony with the development policies and goals and objectives as embodied in the Comprehensive Plan for Development of the City." The Land Use Plan reflects the area as parkland and the proposed use is compatible with the Plan and existing uses. 3. "That the proposed use will not be detrimental to the health, welfare, and safety of the surrounding neighborhood or its occupants, nor be substantially or permanently injurious to neighboring property." The public hearing is an opportunity for the Commission to measure the potential impact on surrounding land uses. 66The Commission may impose additional reasonable restrictions or conditions to carry out the spirit and intent of the ordinance and to mitigate adverse effects of the proposed use. These requirements may include, but are not limited to, increased open space, loading and parking requirements, additional landscaping, and additional improvements such as curbing, sidewalks and screening." In the past, the • commission has required additional site improvements such as fences or vegetative buffers to screen adjacent residential areas from a new conditional use or an expansion. Unless the public hearing brings to light any new information indicating potential negative impacts, Staff recommended approval of the use, site plan, and sign. Assistant Parks & Recreation Director Ploeger explained that the architectural plans are scheduled to be out for bid in August with construction beginning around September or October. Staff hopes to have the center in operation by May 1999. The center would always be supervised and noise levels should not be a factor because activities would primarily be indoors. Mr. Ploeger explained that other uses for the center would involve uses between the hours of 8:00 A.M. and 3:00 P.M. since the teens would be in school and would not be utilizing the facility. Theses uses would include Xtra Education Program, Senior Services and possible private functions. Youth Services Coordinator Waddell explained that there would be approximately 150-200 teens using the facility depending on the type of event. Southwood Valley Athletic Complex was chosen because it would be in walking distance to the Jr. High which would be the primary users. Mr. Ploeger explained that the increased traffic volumes would be from the parents dropping and picking up the teens. There should not be an increase in parking at this facility due to the fact that the targeted teens are not of driving age. Chairman Massey opened the public hearing. • P&Z Minutes June 4, 1998 Page 2 of 7 Mr. Layne Westover, 3408 Wildrye, expressed his concerns of current noise problems because of the loud stereos in vehicles that use the Park's parking lot to visit. He also said that he and other neighbors had problems with the pavilion having parties with live bands. He felt that if the building was well • insulated he would not have a problem but he asked that his, and his neighbor's, concerns be addressed before a decision was made. He has spoke with other residents in the area and they also have a concern with access onto Rock Prairie Road. He feels the problems would increase with the teen center in this location. Chairman Massey closed the public hearing. Commissioner Rife stated that he was in favor of the request but he felt the noise issue should be addressed. He asked staff if the Commission could have a restriction approved to cover the noise problem. Senior Planner McCully explained that the Commission could make restrictions on "physical" items such as landscaping and additional buffering. The Commission expressed their desire for the Parks Department to address the noise concern and impact on surrounding neighborhoods, Commissioner Garner moved to approve of the Conditional Use Permit, site plan and sign request. Commissioner Lightfoot seconded the motion which passed unopposed (S-0). AGENDA ITEM NO. 3: Consideration of a Preliminary Plat of West Wolf Pen Creek Phase I, approximately 12.3 acres along the south side of Harvey Road between Office Max and Woodstock Condominiums. Four lots, 1 reserve tract and a Wolf Pen Creek Dedication Area. (98-307) • Assistant City Engineer Morgan presented the staff report and stated that the purpose of this preliminary plat is to divide 12.3 acres into 4 lots and approximately 5.4 acres of Wolf Pen Creek dedication area. The Land Use Plan shows this area as Wolf Pen Creek which is an area with a unique zoning district created as part of the Wolf Pen Creek master plan. The applicant is desiring to plat this property for future sale and development. One of the lots is currently developed as the old Christmas Store which is currently vacant. This lot is being incorporated in this plat because it was part of the parent tract and was not properly platted prior to development. Although development has occurred on the property, staff has identified and discussed with the applicant the ability to obtain additional access easements to the creek. These are necessary for the City to maintain existing creek improvements at this location. The applicant agreed to provide these easements on the plat. Ms. Morgan stated that the Wolf Pen Creek minimum reservation and floodway area is shown on the plat. This area has been determined by Nathan D. Maier in a study commissioned by the applicant in 1994° To date this study has not been submitted to the City of College Station or FEMA for review and approval. As indicated on the plat, the applicant will be submitting this report to FEMA for adoptior_ Because the study alters the floodway line significantly, FEMA approval of the study will be required prior to filing any final plats. This is imperative as the floodway is extremely restrictive for development and the location of the floodway line will determine locations available for property improvements. On the currently adopted FEMA maps, the floodway almost completely inundates lots 3 and 4 and renders them essentially undevelopable. Along the rear of lots 2 and 3 the applicant is requesting a variance from the Zoning Ordinance, in particular, the Wolf Pen dedication section, which requires that a 20' strip adjacent to the floodway be reserved for future park and trail development. This variance request • P&Z Minutes June 4, 1998 Page 3 of 7 (reducing from 20 feet to 10 feet) was granted by the Zoning Board of Adjustment on June 2, 1998. In addition to the variance, the applicant is requesting to defer the decision to either dedicate or develop • the floodway and minimum reservation area on Wolf Pen Creek Tributary "A" as per the Wolf Pen Creek Master Plan until site development of lots 3 and 4. Ms. Morgan explained that staff has reviewed this plat keeping in mind both the current master plan as well as the revisions currently proposed. After a site visit looking at topography and discussions with the Parks Department and Public Works Departments, staff felt comfortable with the 10' reduction in the minimum reservation area. This is due to the relatively flat topography at this location and the fact that the creek is approximately one hundred feet away from the floodway line at this location. These characteristics would allow for trails and any future lake system to still be constructed along the rear of lots 2 and 3. Staff was also supportive of delaying the decision regarding the floodway and minimum reservation area along Tributary "A" until site planning. This will allow the site designer to incorporate the trail system with his development. Realizing that this Tributary is the only available location fora "vista" into the corridor from a major thoroughfare, staff would be reviewing any site plan at this location with that in mind. The "vista" will need to be an obvious entrance and focal point into the corridor and trail system. The preliminary plat as submitted is one that complies with the City codes, ordinances, and policies since the variance was granted. Staff recommended approval of the preliminary plat with the following conditions: 1. Provide a 20 foot public access easement through Lot 1 from Harvey Road (SH30) to the rear lot line adjacent to the Wolf Pen Creek dedication area and along that same rear lot line for maintenance. 2. Move the 25 foot private access easement out of the 24 foot landscape reserve along Elarvey • Road. 3. Show the existing building location on Lot 1 to assure that no encroachments are created with this plat. 4. The old Christmas Store driveway needs to be shown so that staff can assure that the driveway ordinance can be met with the 25 foot private access easement. 5. The access easements for driveway locations onto Harvey Road do not meet the driveway ordinance as shown and therefore must be coordinated with Staff prior to this plat proceeding to Council. 6o That the 1994 Nathan D. Maier study be submitted to FEMA for approval and that the approval occur prior to filing any final plat for record. Chairman Massey asked for the comments from the Zoning Board of Adjustments. Ms. Morgan explained that they had questions and concerns of where the trails would go if they granted the variance. She said that the trails would probably meander closer to the creek at this location. They also asked if the 10 feet access would be enough for maintenance and she said that staff felt comfortable with reducing the access. Commissioner Gribou wanted to know the applicant's reasons for wanting the variance. Ms. Morgan said that her interpretation of what the applicant wanted was with regard to the amount of property this particular development would need. Commissioner Rife asked what the purpose was for requiring the applicant to move the 25 foot Public • Access Easement out of the 24 foot landscape reserve. Ms. Morgan explained that the 24 foot P&ZMtnutes June 4, 1998 Page 4 of 7 landscape reserve does allow limited parking within it. The idea is to have a landscape area between the concrete parking area and the roadway. By requiring this it would remove the concrete from the 24 • foot landscape reserve. The amount of concrete that would be paved in the area would exceed the amount allowed by ordinance. Paul Clarke explained that he has been trying to develop this tract for the past 5 1/2 years and tlus particular plan since last year. He said that lots 3 and 4 have the tributary that runs under Harvey Road. The rear service entrance for both lots will face the Woodstock Condos. He said that this is the only proposed development that would hold up to the original Wolf Pen Creek Master Plan. Lot 1 is currently two pieces of property that have never been platted. Lot 1 (the back piece, which contained the former Christmas Store) is the only piece that was developed and maintained to development standards. Mr. Clarke explained that the reasons behind asking for the variance was to allow enough parking and u-ill give and additional 4 feet for a landscape buffer. He explained that when his company purchased the property approximately six years ago, there was a survey completed which showed that only one or two acres by the creek that were considered undevelopable due to the floodway. He explained that approximately 90 days after this property was closed FEMA issued their new flood panels which showed all of this property as floodway. Clarke & Wyndham hired Nathan D. Maier, the same engineering firm the City used, to evaluate this problem. When the engineering firm actually went out and located what was on the ground, they found that the new flood panels were inaccurate. • Mr. Clarke explained that he was agreeable with all staff recommendations except #'s 1 and 6, He felt that the City did not have the right to require the applicant to "provide a 20 foot public access easement through Lot 1" as stated in Staffs recommendation number 1 previously mentioned. He thinks having an access easement running through the middle of a piece of property would be hard to develop, Ms. Morgan said that Staff could do without the 20' foot access easement as long as there is access through the other properties. Staff would need an access easement in the rear of the property if the applicant dedicates the improvement in the back of the Sneaker's property because there is a rock wall back there and there is no access for maintenance. If the applicant has a problem with dedicating this property, the City can remove the complete dedication on this lot and the applicant would be responsible for maintenance. Mr. Clarke felt that platting is not the appropriate time to discuss maintenance access, it should be discussed during the site plan review. Commissioner Gribou asked for Staff to comment on the issue of when to show maintenance access if it is agreed that an easement is necessary. City Planner Kee expressed her concern that once the floodway and the wall are dedicated, the City will immediately take over maintenance. There is no way to get to the wall from the floodway side. She suggested the applicant include the same note on the plat for Lot I as on the tributary area to state that this would be considered for dedication at the time of site plan review, this would require the property owner to maintain the wall until time of site development when it is decided who will maintain. • The Commissioners asked Staff if the 10 foot easement would make a significant difference to this development. Ms. Morgan said that the applicant would need to address this issue. P&Z Minutes June 4, 1998 Page S of 7 Mr. Clarke said that he did not think Staff's recommendation #6 (FEMA approval) should apply and delay the filing of this plat. • Commissioner Gribou asked if this recommendation, regarding the FEMA report, was unusual to require. Ms. Morgan said that this is probably the most important because as shown now, Lots 3 and 4 are completely undevelopable because the FEMA panels show an approximate 550' floodway width. FEMA must adopt this requested 180' floodway line prior to developing the property. The applicant is saying that the Nathan D. Maier study completed in 1994, used on the ground topos to revise some of the original models done for the City. The original models were sent to FEMA and utilized in the adoption of the 1992 FEMA maps. Once they ran the model with the on-ground topo elevations, it reduced the floodway at this particular location to approximately 180'. She explained-that FEMA must adopt this new floodway line before it can be utilized for regulation. The floodway is extremely restrictive with regard to building locations and any improvements because of the effects it has on downstream and upstream properties. The concern of allowing permitting now is large because, if FEMA does not concur with this new 180' width, and it becomes wider, there is a chance that any permits issued for Lots 3&4 could be in the floodway. Greg Taggart, Municipal Development Group, explained that the applicant would like flexibility on staff recommendation #1 to address the maintenance issue. He also wanted to be allowed to continue with the plat prior to FEMA approval. The original FEMA panel included bad data. The process for getting approval from FEMA takes a long time and this would delay platting of the property. He said he would be willing to accept approval with the condition that no development permits are issued until FEMA approval. Commissioner Gribou said that if FEMA sent back changes, they would have to replat. Mr. Taggart said that this could happen. • Ms. Morgan said that staff could support the condition of no development permits issued until adoption from FEMA. She said that she would also like the plat to note this conditioan so that all potential property owners are notified of the FEMA issue. Commissioner Rife moved to approve the Preliminary Plat subject to staff recommendations #'s 2-5, include the recommendation #1 assuming that the applicant wishes to dedicate the property, and #6 is withdrawn with the condition that no development permits are issued until FEMA adoption noted on the plat and all property owners and potential property owners are notified of the status of the FEMA revision. Commissioner Gribou seconded the motion which passed unopposed (5-0). AGENDA ITEM NO. 4: Consideration of a Final Plat of Whispering Ridge, approximately 23 acres in the City's ETJ (Extra Territorial Jurisdiction) located off of River Road, totaling 11 residential lots. (98-304). Graduate Engineer Kaspar presented the staff report and stated that this final plat matches the Preliminary Plat brought to the Planning & Zoning Commission earlier this year. No significant changes have been made from what was shown on that preliminary plat. The Planning & Zoning Commission, as part of the approval of the preliminary plat, granted a variance to the minimum lot width required in the City's Subdivision Regulations for Lot 6. That section states that in the ET7 when the urban rural street cross section is used, the minimum lot width shall be 100 • feet. Lot 6 still complies with the county's requirements for lot width. Mr. Kaspar said that the water P&Z Minutes June 4, 1998 Page 6 of 7 • C7 • supply system shall comply with the requirements of the Texas State Department of Health. Water service is proposed to be provided by Brushy Water Supply Corporation as stated on the plate The applicant is proposing to construct 24 foot wide asphalt pavement sections within 70 foot wide rights- of-way, These proposed streets comply with the Subdivision Ordinance Section 13, which allows this type of roadway within the ETJ of the City of College Station, Ten feet of right-of--way is being dedicated with this plat for Whites Creek Road. This will bring the right-of--way up to 60' wide which will allow compliance with the Thoroughfare plan. Staff recommended approval of this final plat. Mr. Bill Koehler, Municipal Development Group, was present to answer any questions. Commissioner Gribou moved to approve the Final Plat as submitteda Commissioner Gamer seconded the motion which passed unopposed (5-0). a~ AGENDA ITEM NO. 5: Other Business. Chairman Massey handed the Commissioners copies of the Strategic Issues from the Council meeting that he attended. City Planner Kee said that Commission appointments should be made at the June Council Meeting. If the new appointments are made, there will be a Planning & Zoning Commissioner Workshop on July 2, 1998 beginning at 5:30 P.M. before the Regular Meeting. Ms. Kee also said that Chairman Massey and Commissioner Rife were appointed to the Greenways Taskforce. Commissioners Gribou and Lightfoot said their good-byes to the Commission and Staff. Their terms are expiring and they will not be returning to the Commission. AGENDA ITEM NO. 6. Adjourn. Commissioner Lightfoot moved to adjourn the meeting of the Planning and Zoning Commission. Commissioner Gribou seconded the motion which passed unopposed (5-0). A ST: ~~ f ~~ ,~nf'~,~J` ~ r ''~~I' ~..~ Staff Assistant, Debra Charanza cJ P&Z ~l~linutes June 4, 1998 Page 7 ®f 7 Registration Form (For persons who wish to address the Commission) Date of Meeting ~""`~- ~'. ~ ~ ~~ Agenda Item No. _~ Name Y- B ov~e.t' Address Gl~ ' ~ r ; /c ~` ~ ~ If 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 cognized by the chair, hand your completed registration orm 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. ~° A PCannin~ ~' ZoninB Commission Guest ~,e~ister ~/ u/7 1 Date .(.,t° ~ I ! (, ~ ame ~l rfrfress .. l _ rr 1. V "L , ,`~-r (~,if' '.ter,-t..~_,.ti, '~` (,'' ,^~ i~~,/ ~rJi~.~.c.1 ~~.~'- ~~~,, ~~i~„ ~ 2. 3. 4. 5, 6. 7. 8. 9. 10. • 11. 12. 13. 14. IS. 16. 17 I8, 19. 20. 21, 22. 23. • 24. 2.~