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HomeMy WebLinkAbout07/06/2000 - Minutes - Planning & Zoning CommissionMINUTES Planning and Zoning Commission ion CITY OF COLLEGE ST TI N, TEXAS July 6, 2000 :00 P.M. COMMISSIONERS PRESENT: Chairman Mooney, Commissioners Floyd, Horlen, Harris, Haap, Williams and Ad Hoe Member Charles Thomas. COMMISSIONERS ABSENT: Commissioners Warren. COUNCIL MEMBERS PRESENT: Council Members Silvia, Massey and Hazen. STAFF PRESENT: Senior Planner Kuenzel, Staff Planners Jimmerson, Laau e, and Hitchcock, Assistant City Engineer Mayo, Graduate Engineer Thompson, Transportation Planner Hard, Assistant City Attorney Nemell , Director of Development Services Callaway, Neighborhood Planner Battle, City Planner Kee, Development Services Coordinator Ruiz, and Staff Assistant Hazlett. AGENDA ITEM No. 1: Hear visitors Chairman Mooney opened the meeting to citizens wishing to address the Commission on planning and zoning issues not already scheduled on the agenda. Mr. Mile Luther, 614 Welsh, College Station, provided members of the commission information of previous work done in the Moratorium Overlay Areas that justify the request to expand the current lot size requirement from 8,500 square feet to 10,000 square feet. Mr. Luther asked the commission to place this issue on a future agenda. Chairman Mooney informed those present that agenda item number five is removed from the agenda and will be rescheduled for a future time. Benito Flores - Meath, 901 Val Verde, College Station, reiterated the request made by Mr. Mile Luther and asked the commission to male every effort to extend the amount of square feet required for lots in the Moratorium Overlay Areas to one - quarter of an acre or 10,000 square feet. He said that he would life to see the same consideration for other neighborhood also. He provided the staff' and the commission with example maps of the Moratorium Overlay Areas and hove they would be affected if the lot sizes w ere less than 8.,500 square feet. P&ZMinutes July 6, 2000 Page I of 5 AGENDA ITEM No. : Consent Agenda. ThefoLlowing items were approved hy common consent. Agenda Item Igo. 2. 1: Approved the minutes from the Workshop Meeting held on June 15, 2000 Agenda Item Igo. 2.2: Approved the minutes from the Regular Meeting held on June 15, 2000. Agenda Item No. 2.3: Approved a Final Plat for Steeplechase Subdivision Phase Five (7.558 acres) located southeast of Navarro Drive, northeast of Steeplechase Phase Sim northwest of Southwood Valley Section 23, and southwest of West Ridge subdivision. (00 -104) Agenda Item No. 2.4: Approved a Vacating and Subdivision Plat to subdivide eight lots into 10 lots located in the Deerfield Estates Subdivision off of State Highway 30 in the City's Extraterritorial Jurisdiction. (00 -112) Agenda Item No. 2:5: Approved a Master Preliminary Plat for the Great Oaks Subdivision, a 151 lot subdivision off of Gandy Road and southwest of Quail Run Subdivision, within the City's Extraterritorial Jurisdiction. {00 -105} REGULAR AGENDA AGENDA ITEM No. Discussion and consideration of the Graham Road Impact Fee Area Update. -01 Assistant City Engineer Ted Mayo presented the Staff Deport. He stated that the Impact Fee 92-01 was implemented in 1992 to fund regional sanitary sever infrastructure for new development expected to occur in the area bounded by Rock Prairie Road on the north, Wellborn Road on the vest, Graham Road on the south and extending approximately 2000 feet cast of Schaffer Road. Mr. Mayo explained that an update was performed in 1996 with the original impact fee increasing from $152.18 per living unit equivalent to $289.77 per living unit equivalent. He said the report was based on revised Rand Use Assumptions and recommends acceptance of the 92 -01 Impact Fee Update report as submitted. Mr. Charles Thomas, Ad Hoc Member., motioned for the approval of the 92-01 Impact Fee Update report as presented. Commissioner Floyd seconded the motion, which passed -o. AGENDA ITEM No. : Public hearing and consideration of a rezoning from C -1, General Commercial to I - , Medium Density Apartment, for the Sterling Apartments, Phase 2, consisting of 3 acres located at the southwest corner of Holleman and Wellborn. 00 -108) Staff Planner Jessica Jimmerson presented the Staff Report. Ms. Jimmerson stated that in 1997 the property was rezoned and platted into the current configuration. The subject property is bound on the east by the railroad tracks and Wellborn Road, with commercial development along the east side of Wellborn Road. There is existing R -5 development on the south and west with R -5 and M -1 on the north. She said that the property is shown on the land use plan as Attached Residential, which is associated with a density of 10 -20 dwelling units per acre. The R -5 zoning allows a slightly higher density of 24 dwelling units per acre. Ms. Jimmerson explained that there has been a change in conditions in the area since the time of the Land Use Plan and that this property has been developing at higher densities than those reflected by the Land Use Plan. She said that the rezoning of this property to P&ZMinutes July 6, 2000 Page 2 of 5 R-5 is appropriate and inline with the existing conditions in the area and that Staff recommends approval of the rezoning. Chairman Mooney opened the public hearing. Mr. Paul Clarke,, the applicant, reiterated the statements made by Staff Pl anner Jimmers n regarding the changes in the conditions and rezoning in the area. He said that he feels the commercial use of the property is appropriate and that the existing apartments as well as those that are planned are attractive, well maintained, and would further enhance the area. Chairman Mooney closed the public hearing. Commissioner Floyd motioned for the approval and was seconded by Commissioner Hrlen. The motion carried -0. AGENDA ITEM NO. : Public hearing and consideration of a rezoning of approximately 5.08 acres located adjacent to the Iintree Subdivision from I -1 Single Family Residential and A-0 AgYicultural10pen Space to FIT -H Planned Development District — Housing. (00-110) Removed and to be rescheduled for a future agenda. AGENDA ITEM NO. : Public hearing and consideration of a Conditional Use Permit for Vicki's In -home Group Hay Care located at 1011 Hereford Street. (00-109) Staff Planner Shauna Laau e presented the Staff Deport. Ms. Laau e explained a child care facility defined by the Zoning Ordinance as being "any facility or premises where seven or more children under sixteen years of age regularly attend for purposes o f custody, care, or instruction; and which children are not members of the immediate nuclear family of any natural personal actually operating the facility o premises." She also said that a childcare facility may be permitted as conditional uses in any district upon approval from the Planning and Zoning Commission. Ms. Laau e stated that the applicant currently has a Registered Family Home in which she cares for six unrelated children and that the applicant wants to upgrade her child care business to a License Group Daycare which would allow her to tale care of up to an additional six unrelated children. She explained that the increase in the number of children necessitates compliance with the child care facility provision of the Zoning Ordinance. Ms. Laaue said that the ordinance and state licensing allows in -home childcare for twelve non- related children. She explained that the applicant has noted that the home's location as well as the varying times throughout the day of the arrival of parents will lessen the potential traffic impact to the neighborhood. In closing, Ms. Laau e stated that Section 14 of the Zoning Ordinance authorizes the existence of conditional uses. Commissioner Floyd asked why the applicant was asking for a Conditional Use Permit if she only planned to accept four to five more children, rather than twelve which is allowed. Staff Planner Laauwe answered that the Commission has the authority to limit the number of children the applicant can lawfully accept. Chairman Mooney asked Ms. Laau e if there were any other requirements of the applicant's home beyond being a Registered Family Home, and if s, have these requirements been met. Ms. Laau e explained that there are several Health and Fire Department criteria that must be met before the applicant can open the in -home group daycare facility of seven o more children, but explained that the applicant is waiting on the Commission's approval of the Conditional Use Permit before going forward with meeting the additional requirements o f the Health and Fire Departments. Chairman Mooney opened the public hearing. The applicant, Vicki Zamzow, explained that she currently plans to accept only one more child into the day care facility due to recent extensive requirements of the Fire Department. She said she would like P&ZMinutes July 6, 2000 Page 3 of 5 the Commission's approval of the n iti n l Use Permit in the evert that she is able to meet the necessary requirements of the Health and Fire Departments within a year, she would have the option to open the in -home group day care at that time. Commissioner Williams abed if there was a minimum square feet requirement per child required by the licensing board. Ms. Zamzow explained that her home exceeds the square feet requirements per child of the licensing board. Chairman Mooney asked Ms. Zamzow to explain some of the additional conditions of the Health and Fire Departments that she would be required to meet. Ms. Zamzow said that a commercial hood range including a fire suppression system, a fire alarm system in the home, and fire exit signs would all be required. Commissioner Floyd asked the applicant the maximum number of children that she would like to have in the home day care. Ms. Zamzow explained that she is seeping the approval of the requested Conditional Use Permit which, if within one year she has the means by hich to meet the additional conditions and requirements of the Fire Department, would allow her the opportunity to move forward with the plans of the maximum allowed unrelated children, which is twelve. Staff Planner Laaue explained that having less than seven children in the home does not require a Conditional Use Permit. She also said that the applicant has one year after the approval of the Conditional Use Permit to meet the necessary requirements of the Health and Fire Departments. Commissioner Happ asked who is responsible for confirming the maximum allowable number of children in the home and whether the applicant has met the Health and Fire Department criteria. Ms. Laau e explained that the Fire Marshall's office conducts childcare facility inspections for both commercial and in -home day care facilities annually. She said that this inspection is also part of the licensing process. Ms. Forma Miller, 504 Guernsey, College Station, said she believed there would be an increase in the traffic impact for the area. She expressed concern for the safety of the parents and children during the to busiest times each day, morning and late afternoon. Ms. June Cooper, goo Val Verde, College Station, asked if the applicant sold the home would the new owner be allowed to continue the use of the home for a day care facility. Assistant City Attorney Nemcik stated that the use permit was for the facility alone and generally would continue even with the change of ownership as long as the facility is used for the same purpose. She explained that a new o w ould have to obtain a separate individual license to operate a day care. Ms. Cooper also expressed concern about the traffic impact the added number of children for the day care would have on the area as w ell as the potential safety hazard when the parents would park their cars on the street to access the facility. Chairman Mooney closed the public hearing. Commissioner Horlen motioned to approve the request and was seconded by Commissioner Harris. Chairman Mooney expressed concern regarding the potential traffic impact and safety hazard of the children and parents. He also noted that with the possibility of added employees the currently available driveway space would be lost. P&ZMinutes July 6, 2000 Page 4 of 5 Chairman Mooney called for the vote. The motion carried 5 -1 (Chairman Mooney voted in opposition). AGENDA ITEM NO. 7 : Consideration of a rezoning to place Section 8.21, Neighborhood Preservation Overlay, over moratorium areas. (00-107) Chairman Mooney announced to those in attendance that this agenda item was opened and closed in a public hearing setting at a previous Planning and Zoning Commission meeting and cannot be reopened for public hearing. Jim Callaway, Director of Development Services, presented the Staff Report. He stated that this is a City initiated rezoning and would establish a Neighborhood Conservation Overlay over two current moratorium areas. He said that the rezoning would provide for a minimum lot size of 8,500 square feet for any single family residential lots created after the area is rezoned. He explained that the purpose of the overlay is to limit in -fill development. As requested at the June 15, 2000 Planning and Zoning Commission meeting, Mr. Callaway provided the Commission with additional information regarding the number and location of lots by size in the proposed overlay area as ll as a summary of related events and actions. He explained that any change of the lot area provisions of Section 8.21 would require an amendment to the Zoning Ordinan He also said that any concerns or issues regarding the overlay regulations can be forwarded to the code review consultants since they cannot be amended as a part of this agenda item. In closing, Mr. Callaway recommended that the Commission forward t the City Council a recommendation to rezone both moratorium areas to place the Neighborhood Conservation Overlay, Section 8.21 of Ordinance 1638, the Zoning Ordinance, into effect for both moratorium areas. Assistant City Attorney Nemcik explained to the Commission that the agenda item should be either tabled or removed from the table for discussion. Commissioner Williams motioned to remove the item from the table for discussion and was seconded by Commissioner Happ. Chairman Mooney called for the vote which was 3-3. Commissioners Floyd, H rl n, and Harris voted in opposition. The motion was denied. The item remains tabled. AGENDA ITEM NO. . None. AGENDA ITEM NO. Discussion of future agenda items. Adjourn. Commissioner Hrin motioned to adjourn the meeting which was seconded by Commissioner Williams. The motion carried -. APPROVED: ATTEST: Chairman, Karl Mooney Staff Assistant, Susan Hazlett P&ZMinutes July 6, 2000 Page 5 of 5