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HomeMy WebLinkAbout02/03/2000 - Minutes - Planning & Zoning CommissionMINUTES Planning and Zoning Commission CITY OF COLLEGE STATION, TEXAS February 3, 2000 7:00 P.I. COMMISSIONERS PRESENT: Acting Chairman Hrin, Commissioners Floyd, Warren, Parker, and Kaiser. COMMISSIONERS ABSENT: Chairman Rife and Commissioner Mooney. COUNCIL MEMBERS PRESENT: Council Members Massy and Maloney. STAFF PRESENT: Senior Planner McCully, Staff' Assistant C haranza, City Planner I , Development Coordinator Ruiz, Assistant City Engineer Mayo, Graduate Engineer Tondr, Transportation Planner Hard, Staff Plann Hitchcock, Staff Plann Jimmrsn, Staff Planner Anderson, and Assistant City Attorneys Nemcik and Ladd. AGENDA ITEM N. 1: Hear visitors There was no one present wanting to address the Commission. TheJoLlowing items were approved hy common consent, AGENDA ITEM N. : Consent Agenda. Agenda Item No. 2.1: Consideration of minutes from the Workshop Meeting held on January 20, 2000. Commissioner ,Floyd removed this item from the Consent Agenda for discussion. Agenda Item No. 2.2: Approved the Minutes from the Regular M ting held on January 20, 2000. Agenda Item No. 2.3: Approved the Minutes from the Workshop M ting held on January 21, 2000. Agenda Item No. 2.4: Approved the Replat of Lot 2, Block 1, of Cornerstone Commercial consisting of 8.062 acres located at the intersection of Woodcreek Drive and the Highway 6 feeder road into three lots. (99- 75/99 -231) REGULAR AGENDA AGENDA ITEM NO. .1: Consideration of minutes from the Workshop shop Meeting held on January 20, 2000. P&ZMinutes February 3, 2000 Page I of Commissioner Floyd asked that paragraph one from page two f the minutes is trul. Commissioner Floyd moved to approve the minutes with this change. Commissioner Parker seconded the motion, which passed unopposed -. AGENDA ITEM NO. 3: Public hearing and consideration of a Conditional Use Permit, use only for a religious facility, Brazos Community Church to be located at 700 University Drive East, Suite 110 -A. -727) Staff Planner Anderson presented the staff report and explained that on January 6, 2000, the Commission heard and approved a use only, Conditional Use Permit for the religious facility. The Use Permit was approved on the condition of a time limit to run concurrently with the existing lease and ending when the lease is terminated, not to exceed 3 years. Due to an error in the notification process, the item was brought back to satisfy and ensure the public hearing requirements. The 200' notification boundary was drawn out from only a portion of the University Village Shopping Center that did not contain the located on the proposed facility. The corrected notification boundary included approximately 20 additional residences that were not notified for the first meeting. Ms. Anderson briefly vent over the original staff report and asked if there were any questions. Acting Chairman Hrl n opened the public hearing. Seeing no one present to spear in favor of or in opposition to the request, the public hearing was closed. Commissioner Kaiser moved to approve the use permit, with the original condition of a time limit to run concurrently with the existing lease and ending when the lease is terminated, not to exceed 3 years. Commissioner Warren seconded the motion, which passed unopposed -. AGENDA ITEM N. 4: Public hearing and consideration of a Conditional Use Permit, use only, for First United Methodist Church to be located on 5 acres, approximately 400 feet south of Rock Prairie Road and 130 feet east of the Highway 6 frontage Road. (00-1) Staff Planner Jimmrn presented the staff report and explained that the property is currently zoned - Agricultural Open and is surrounded by A-0 on the east, vest and south, and C -2 to the north. The Land Use Plan shoves this area as Medium Density Single Family Residential. This site plan will need to return to the Commission for approval. The applicant is aware that the Commission may impose additional site restrictions and requirements to mitigate possible negative impacts of the use. These conditions maybe imposed either with the use only request or at the time of site plan approval. The tract is currently unplattd and will require pr platting of the parent tract as well as final platting of the subject tract. All infrastructure issues v ill have to be addressed through the platting process. Ms. Jimmrsn stated that unless the public hearing brings to light any new information indicating potential negative impacts, Staff would recommend approval. Commissioner Kaiser asked for more information regarding the private access easement. Ms. Jimmerson said that during the platting process it is required that access to the property is addressed (including the possibility of upgrading the current access to City standards). The existing access easement is located off the frontage road along the northern boundary of the property (the entire length of the property. P&ZMinutes February 3, 2000 Page 2 of Commissioner Floyd asked if this property would fall into one of the special area studies researching zonings in certain areas of the City. Ms. Jimmerson responded that this property would fall into the Highway 6 corridor study, which has not been approached. She also reminded the Commission that churches are allowed in any zoning district as a conditional use. Acting Chairman Horin opened the public hearing. Mr. John Thornton, 2514 Faulkner Street, explained that his property shares the existing access. He is concerned with an existing water line that is located along the access. There is currently cattle on the properties around this tract. He pointed out that fencing is an issue. He was present to find out how some these issues would be resolved. He also wanted to find out how often the church facility would be used during the week and what types of activities would be held. Clarence Thomas was present to represent the Church. He said that the facility is proposed to be approximately 6,242 square feet, with a seating capacity of 210. Following the parking requirements, a ratio of one space per 3 members was used to determine 70 -80 spaces were needed for this facility. There would be services held on Sundays from 9:00 a.m. until around 1:00 p.m., some Sundays there will be evening services (from around 3:00 p.m. to around 6:00 p.m.). Services would be held up to four or five evenings throughout the week lasting around two or three hours. Acting Chairman Horin closed the public hearing. Commissioner warren moved to approve the use only request. Commissioner Kaiser seconded the motion for discussion purposes. Commissioner Floyd asked for the veteran Commissioners' views on allowing activity in this area in the absence of a corridor study, which seems to have been an item of concern with the Commission for years. He compared this with the issue of a rezoning request on Highway 30 and the desire to initiate the special area study prior to approving any new rzonings. Commissioner Farber said that his perspective is that since churches are allowed as a conditional use in any zoning district, with the questions addressed of any potential negative impacts on surrounding properties, he did not have serious concern. Commissioner Kaiser was concerned with access and long -term use in this area. His concern was with the access issue impacting the adjacent property owners. He said that the Commission has to male an affirmative finding that the pro posed use would not be detrimental to the health, welfare, and safety of surrounding neighbors. He said that he had not seen enough information to determine whether or not this use would not be detrimental to the surrounding properties. Commissioner Warren said that there are a number of churches along this Highway 6 corridor that are as close as this church to the access road. She felt that having churches along a corridor into the City would be a positive asset to the City. Acting Chairman Horlen asked about the anticipated timing of the Rock Prairie Road realignment. Transportation Planner Hard said this was approved as a Capital Improvements Project (CIP), and he was not sure when the realignment would be completed, but the City was currently working on right -of- way acquisition. P&ZMinutes February 3, 2000 Page 3 of Commissioner Parker asked if the Commission granted the permit for this property, whose responsibility would it be to upgrade the existing access, if it is determined that this is needed to meet regulations. Mr. Hard explained that the cost would come from the applicant and would be reviewed during the site plan process, and that there would also be fire lane requirements that would need to be met. Commissioner Kaiser felt that approving any type of use for this area without a vision could be detrimental to the City in the future. He clarified that churches, in his view, were not inappropriate uses in such areas, but he felt concerned with approving any type of use until a study has been completed to determine appropriate uses for the area. Commissioner Floyd did not feel this use was inappropriate for the area, but was concerned with configuration and impacts of this use. Acting Chairman Hrlen said that the Ordinance requires the Commission to affirm that the use would not be detrimental, and he did not feel that this could be determined until a study has been completed. Acting Chairman Horl en called for the vote o the motion to approve the use, and the motion failed 1 — ; Commissioner warren voted in favor of the motion. Commissioner Kaiser moved to deny the request. The motion to deny died due to lack of a second. Commissioner Kaiser moved to table the item. Commissioner Floyd seconded the motion. Mr. Clarence Thomas (the applicant) asked permission to approach the Commission, Acting Chairman Horlen granted this request. Mr. Thomas said that he understood the concerns of the Commission, in which similar concerns were directed for their pre considered site on wellborn Road. He stressed that the church was on a time schedule for this location and needs to get going on a new location. He said that once the use is permitted, the church intends to purchase the land and have the architect begin on drawings. Staff Planner Jimmersn asked the Commission to elaborate on the reasons they are tabling the item to allow additional information to be gathered before the item returns to the Commission. Commissioner Kaiser said that his basis for tabling this item was to address the access elements in aspect to the impact on adjacent properties and the linkage back to c1 Prairie Fad. He asked that if staff' could provide this information in cooperation with the applicant. Acting Chairman H rlen expressed the same concerns as Mr. Kaiser and has strong feelings that the applicant needs to know about possible access concerns and problems before the platting process so the applicant can avoid investing too much money into a project that may not work for them. Commissioner Parker agreed with these comments. Acting Chairman Hrlen called for the vote, and the motion to table the item passed 4 -1; Commissioner Warren voted in opposition to the motion. AGENDA ITEM NO. : Public hearing and consideration of a Conditional Use Permit, for a medical clinic, Innerwi dom Counseling Centers to be located at 1726 Harvey Mitchell Parkwa South. (00-2) P&ZMinutes February 3, 2000 Page 4 of Staff Planner Anderson presented the staff' report and explained that the proposal was to establish a mental health service and clinic in the 9, 000 square foot building. The property is currently zoned M -1 Planned Industrial. Medical clinics are permitted in any zoning district upon the Planning & Zoning Commission's approval of a conditional use permit. The applicant proposes to operate a mental health facility that will house two separate programs, a day program and an evening program. The facility would not house overnight patients. She explained that the use meets all minimum standards. The applicant has told Staff that most of the patients will be picked up at home and brought to the facility. She said that unless the public hearing brings to light any new information indicating potential negative impacts, Staff would recommend approval of the site plan and use request. Commissioner Falser wanted clarification of the type of medical clinic proposed. Ms. Anderson said that is would be a counseling and mental health clinic, not a typical "medical" clinic that treats physical illnesses and emergencies. Acting Chairman Horlen opened the public hearing. Ms. JoAnne D. Mandel, 4445 N. Braeswood Blvd in Houston, approached the Commission and explained that the clinic is currently located on Southwest Partway in College Station. They wanted to move locations to expand to include children Jr. High and older) . They are currently working with schools in the area to help with children who have problems. The sessions for the children would be around 5 hours each day. The hours of operation would be from 8 a.m. to 8 p.m. Monday through Friday. She said that they would not be leasing the warehouse portion of the building. The activities would be held indoors, with the exception of break throughout the day. Commissioner Parker asked if they would treat patients with behavioral or violence problems, because he was concerned with the surrounding property owners and the future developments surrounding the property. Ms. Mandel said that there would be no violent patients. She explained that they were not working with juvenile criminals. She stressed that there would never be overnight patients. She said that most of her clients do not have transportation, therefore there will be vans to pick up the patients and return them to their homes. They are working with the area schools to have the children bussed to the clinic from their schools. Acting Chairman Horlen closed the public hearing. Commissioner Floyd moved to approve the conditional use permit, subject to no overnight usage. Commissioner Parker seconded the motion, which passed unopposed (5 -0). AGENDA ITEM NO. : Consideration of a I eplat for Sandstone Addition, Lot 20, a 14.41 acre tract located in the Sandstone Subdivision at the end of Oakwood Trail. -257) Graduate Engineer Tondre presented the staff re port and stated that the Ieplat includes 8 single family lots fronting an extension of Oakwood Trail and one 4.41 acres tract without legal access. The Fo fire and Sandstone subdivisions surround this tract on the east, south and west, and Sandstone Park on the north. The Sandstone Addition Subdivision final Plat was filed in January 1978. During the processing of the final plat, the City annexed the area of the subdivision. The original subdivision proposed two large lots of approximately 15 acres each. One was intended as a city park and the other as a C SISD school site. Sandstone park is now located on Lot 19. 4.41 acres of Lot 20 were illegally subdivided P&ZMinutes February 3, 2000 Page 5 of (not by means of plat). The owner of this portion (the proposed Lot 9) has livestock pens on this property. The remaining 10 -acre portion was recently sold to the applicant by CSISD. He said that a 6- inch public water line is proposed to be emended along Oakwood Trail to service Lots 1 through 8. No public water is proposed to be extended to Lot 9. This will require a variance to the subdivision regulations. The proposed sewer line does not conform to the Foxfire and Sandstone Sanitary Sewer Service Master Plan, which was adopted by the City Council on January 14, 1988. Based upon sound engineering and planning principals, the Master Sewer Plan may be revised if it provides the same service area, capacity, and is shown to provide efficient sanitary sewer service to the area. The requestor would bear the responsibility of revising and requesting approval of revisions. Council action would be required to approve these revisions. The Master Plan does not address the details of re- subdivision of Lot 24 and the resulting internal sewer collection system. However, the Master Plan does address future development of Lot 20 at a density of 1.5 dwelling units per acre. Thus, the overall system was sized to accommodate this development. Oakwood Trail is proposed to be extended approximately 500 feet and end with a cul -de -sac and is proposed to meet the rural residential street standards. If Lot 9 is ever subdivided, access to multiple lots through Lot 19 would not provide an orderly development of infrastructure and access. Mr. T ndre said that for staff to recommend approval of this Final Plat, the plat must provide access and w ater to It , r receive variances t these requirements fr the �1I11I11ss1 The de must also comply with the Foxfire and Sandstone Sanitary Sever Service Master Plan, or the City Council mus a pprove an amendment to this plan. Co mmissioner Floyd was concerned that Lot 9 would be landlocked ed with this plat. Mr. Tony Jones, 2800 Longmire, explained his proposal of the extension of the water and sever lines and pointed out that the lots would be serviced appropriately. He explained that the owner of the proposed Lot 9 did not desire to have access to the property. Mr. Phil Blackburn, 3243 Innsbrook, said that he supports the plat. He stressed the need for blaster Plans to be flexible to allow for change. He also said that that the owner of Lot 9 did not want the access to this lot. He said that the proposed water and sever lines were different from the Master Plan, but would provide appropriate service to the lots. Some Commissioners felt that since the owner of the lot does not want access, the Commission should not require it just to protect any future owners if the property is sold. Director o f Development Services Callaway said that Staff review plats from a technical perspective, which triggered concern because the lot did not have access. Mr. Jones said that the plat could reflect that future access to the lot, if desired, would be through Lot 19 of the Foxfire Subdivision (located behind this property). Commissioner Floyd asked if the Planning &Zoning Commission could restrict access through Lot 19 (Foxfire), as a note on the plat. Assistant City Attorney Nemcik said that this could not be done because Lot 19 is not part of the proposed plat. Commissioner Floyd moved to approve the plat with a variance to not provide water to Lot 9, and with the conditions that the sever line is extended through Dots 4 and 5 Bloch 2 of the proposed Sandstone P&ZMinutes February 3, 2 000 Page 6 o Addition to Lots 6 and 3 Block 1 Foxf1re Subdivision Phase 1 and that the plat is amended to shove an access easement through Lot 8. The final plat would not be required to extend service to Lots 11, 1, and 19 of Foxfire Phase 1 as provided for in the Master Plan if an amendment is approved by the City Council. Commissioner Parker seconded the motion. Commissioner Kaiser felt that this was a very complicated issue. Some Commissioners said that they understood staff s concern about the access issues, but under the circumstance that the owner clearly does not desire the access it should not be required. Acting Chairman Horlen called for the vote, and the motion to approve the plat passed unopposed (5 -0). AGENDA ITEM NO. : Update to the Commission of any new Minor r Amending Plats approved by Staff. City Planner Kee told the Commission that there were two minor plats approved at the Staff level. These were Post Oak Mall (Dillards) and The Gateway Subdivision (an out parcel). AGENDA ITEM NO. 7: Discussion of future agenda items. There was no discussion of desired future agenda items. AGENDA ITEM NO. : Adjourn. Commissioner Floyd moved to adjourn the meeting of the Planning and Zoning Commission. Commissioner Kaiser seconded the motion, which passed unopposed -. APPROVED: ATTEST: Chairman, Wayne Fife Staff Assistant, Debra Charanza P&ZMinutes February 3, 2000 Page 7 of