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HomeMy WebLinkAbout11/16/2000 - Minutes - Planning & Zoning Commission (2)MINUTES WORKSHOP Planning and Zoning Commission CITY OF COLLEGE STATION, TEXAS CITY HALL TRAINING ROOM 1101 Texas Avenue November 1, 2000 5:30 P.M@ COMMISSIONERS PRESENT: Commissioners Mooney, Floyd, Harris, Happ, Horlen, Williams, and warren. COMMISSIONERS ABSENT: None. COUNCIL MEMBERS PRESENT: None. STAFF PRESENT: Staff Planners Jimmerson, Hill, and Hitchcock., pity Planner Kee., Economic and Community Development Director Foutz, Assistant City Engineer Mayo, Graduate Engineer Thompson, Assistant City Attorney And erson, Director of Development Services Callaway, Neighborhood Senior Pl anner Battle, Development Services Assistant Coordinator George, Development Review Manager Ruiz., , and Staff Assistant Hazlett. Chairman Mooney called the workshop meeting to order at 5:38 p.m. AGENDA ITEM No. 1: Discussion and possible action on a review cycle for the City's Comprehensive Plan and specific areas for review. City Planner Kee began by pointing out that the City Council Vision Statement also includes a Strategy and Implementation Flan for each of the statements. Vision Statement #8-Well Planned Neighborhoods, Strategy #, addresses policy emphasis regarding the ongoing revision of the Comprehensive Plan and Development Policies. She stated that one of the implementation plans in that particul strategy calls for the development of a program to review the Comprehensive Plan on a regular basis while the policy in the past has been to review the plan every 7-10 years depending on the amount of development activity. She explained that the staff planners have been divided into separate areas of function, long range, neighborhood planning, and development review, which will allow Staff more time to devote to specific tads. In terms of the long range planning work program, the Council Strategic Issues will be something we deal with each year. Most of this year's strategic issues are divided mostly between the Parrs and Recreation Department and Development Services. Neighborhood Plans and Small Area Plans will be areas that we will deal with on a yearly basis. At the close of this fiscal year we will kick- P&Z Workshop Minutes November 16, 2000 Page I of 5 off our first Annual Neighborhood Conference. We support Development Review and other agencies, committees, and functions as well as public education program. However, the Comprehensive Plan Review is our primary responsibility. To accomplish this we plan to implement The East Bypass Plan in our area of r relative to that. we're working on a new neighborhood plan also. The Business Park /Small Area Plan, is another area that is in the works. Ms. Kee reports that Development Services will oversee the Historic Preservation Committee as well. Lastly, Ms. I xplaind that the department staff' is working to develop a way to systematically review the Comprehensive Plan. She reports that the staff 1s looping at the land use decisions made since 1997 when the Comprehensive Plan was adopted and is trying to identify the policy issues that need to be discussed. The Comprehensive Plan can be addressed through the Neighborhood Planning Program as well by identifying issues through this program that result in a need to change goals and objectives, land use or thoroughfare elements and plans, and the small area planning process. Commissioner Happ asked how much of the current code review update will correlate with this plan and will this slow the code review process. Development Services Director Callaway said that it would not slow the code review process and that it may help to identify things that need to be added, changed, or deleted. Commissioner Floyd asked if Staff has attempted to develop some form of an exceptions or variance report. He suggested something along the lines of a map that would help to identify the zoning request changes that are forthcoming. Ms. Kee explained that currently the Staff are going through a spreadsheet that has all the zonings and plats and are looking through those and noting the areas that do not comply with the Comprehensive Plan and in what way. Commissioner Floyd asked if Staff had the capabilities to create a mylar semi - annually for the Commission and Staff to review and reference when looking at rezonings and plats on the Comprehensive Plan. Ms. Kee stated that a mylar could be created. AGENDA ITEM No. 2: Code, pages 22 -42. Discussion and possible action regarding the Unified Development Development Services Director Callaway stated that this item is a standing agenda item at the request of the Commission as a mechanism for the Commission for discussion and to communicate through Staff with the Consultants about concerns. He reports that the City Council Workshop also covered pages 22 -42. He stated that the Commission will likely see, in subsequent drafts of the proposed code, the consolidation of the zoning districts. It was recommended that the "A" zoning districts be consolidated, as well as I -1 and I -1 A. He stated that the Consultants recommended P -1 B to remain. Likewise is recommended that I -2 and R-3 remain as well. The recommendation for the I -4 5 & 6., Apartment Districts are either consolidation or elimination. Also discussed were contextual standards such as a height limit in built -up areas being based on the average height in the area Mr. Callaway said. Another contextual standard was minimal lot width being based on the average lot width on that particular blot face. He indicated there was some discussion about these types of standards perhaps combined with some additional contextual standards as a better alternative for dealing with some of the infill situations as opposed to the tabled Neighborhood Overlay. Mr. Call stated that they also discussed the use of a use table, some samples of use tables were included in your packets. He explained that through this matrix you are able to identify all of the permitted by right permitted uses subject to supplemental standards or conditional uses or all the land uses provided for in the ordinance within all the zoning districts. Permitted Uses by right are those uses that are listed uses and subject to supplemental standards such as the C -N zone which allows restaurants but there are supplemental standards such as how large the restaurant can be. Mr. Callaway stated that when the Staff and the consultants discuss the P&Z Workshop Minutes November 16, 2000 Page 2 of 5 use table we will decide at that time which uses will be allowed in the various zoning districts whether they be permitted, permitted with additional standards, conditional, or not at all. While referring to section 2, page 29, Chairman Moony pointed out the lack of studies and related findings regarding sexually oriented businesses that are subject to First Amendment protection. H stated that the only way to restrict the placement of a sexually oriented business is based on their undesirable second effects which can only be substantiated by conducting a study to demonstrate that the placement of such a business would be undesirable for the area in question. He indicated that the City has not conducted such a study. Mr. Callaway stated that this was correct. He explained that the City's r e gul ations were written before the requirement for studies to be conducted was established. H continued by saying that the one thing the City needs to do when the new code is adopted is to conduct these studies in a way that has been found acceptable primarily through the court systems. He stated that there are well established means for these studies, and though we can rely on studies conducted in other areas, recommended we carefully review these to determine to what extent they are applicable in our situations. We cannot prohibit sexually oriented businesses, but what we want to do is have the strongest regulations that we can possibly have under the case lave and statutes that exist. Mr. Callaway added that there is a need to change the zoning districts in which these types of businesses are allowed. Our current ordinance alloys that they are in C -1 districts with a conditional use permit. Chairman Moony asked if there will be some changes in the code regarding the wording ing of church facilities and their uses for services, worship, prayer, and meetings in cases brought before the Commission. Mr. Callaway stated that it was likely that we would see recommendations and clarifications in the new code regarding such items. Development Review Coordinator Ruiz stated that currently the churches are allowed as a conditional use in any district but staff is looping at certain zoning districts where it would be appropriate for churches to be a permitted use. Commissioner Happ expressed concern over the statement in paragraph 2 of section C -2 on page 23 which states that consideration should be given to a height exemption based on additional setback. He stated that if the height restriction is waived it could potentially cause a problem for the areas near the airport. Mr. Callaway explained that there are set heights provided for in the Easterwood Airport Joint Zoning Ordinance. The more restrictive of the two set height provisions will prevail. Commissioner Happ asked for clarification for paragraph 2, section 6, page 24. Mr. Callaway explained that a recommendation is being made to eliminate the current zoning district called College and University which applies only to the lands of Texas A &M University. Because of our lack of jurisdiction over the University, it is suggested that we place an overlay just to identify the land owned by the University. Commissioner Happ, referring to page 32, regarding a provision to Section 8.2 of the code which would require written planning for all conditional use permits for wir telecommunications facilities should be added. Mr. Callaway stated that they have FCC pre - mptions but should have FAA approval. Also, before the Zoning Board of Adjustments considers a height variance, they are expected to receive FAA approval first. Commissioner Floyd, out of concern that the ongoing update to the code will have details overlooked since recommendations and changes from the various entities r the code such as the City Council, Staff, and Commissioners, are not known. He recommended that a document be created to reflect the initials of and the recommendation and/or concurrence of the Staff member, Commissioner, and Council member that reviewed the section. Then, the item would be forwarded to a subcommittee consisting of a senior staff member, the chair, and the mayor. Dace are agreement is reached on each specific item, the documents with the notes and concerns of the staff, commission and pity Council P&Z Workshop Minutes November 16, 2000 Page 3 of 5 would be forwarded to the consultants to draft. In closing, he stated that having 1 of the code to review and male recommendations on would be a better way to approach the process. Commissioner Hrin reiterated the same concerns. AGENDA ITEM NO. 3: Discussion and possible action of Protocol Issues. Chairman Mooney reported on his discussion with City Council regarding issues of protocol. On cases that are denied, the applicant would be required to enter into an appeal process to reverse or change the decision of the Commission. Mr. Callaway added that proper protocol that involves allowing people to spear on items that are not scheduled for public hearings was also discussed. Chairman Mooney suggested meeting with staff to write a statement to read at the Planning and Zoning Commission meetings to help those in attendance understand matters that are administrative only and not open for public hearings. Mr. Callaway indicated that establishing time limits for public hearings was another topic of discussion., including extending the - minute limit for the applicant and/or presenters In order to allow enough time for them to adequately present their case. Commissioner Floyd suggested Staff' draft a resolution for the Commissioners to review at the newt Planning and Zoning Workshop Meeting regarding these areas of discussion. Commissioner Harris reminded Staff to include some sort of statement regarding the applicant's presentation to the Planning and Zoning Commission in its totality, rather than reserving it for consideration by the City Council. Additionally, requesting that City Council consider a super majority in overturning the decisions made by the Planning and Zoning Commission. Mr. Callaway stated that the Commission may consider using the statute which provides, by Council Amendment of the Zoning Ordinance, that a 3/4 majority of Council be necessary to override the Commissions' recommendation to deny. Ms. Ruiz added that the implementation of the appeal process will help send the message to the public to make their case before the Planning and Zoning Commission since it will no longer be automatically scheduled to go before the City Council once it is denied. Commissioner Floyd noted that there are at bast seven items and should be drafted into a resolution for approval at the next Workshop M ting and changed his recommendation to a motion. Commissioner Hrlen seconded the motion. The motion passed -. Mr. Callaway stated that the draft resolution will be placed on both the Workshop and Regular Agenda for discussion and possible action. AGENDA ITEM N. Subcommittee Deports. ■ wolf Pen Creep Implementation. Chairman Moony reported that the bids for the bridge on the George Bush Extension were opened and all bids received were above the budgeted amount for the bridge. It was recommended that the Tax Increment Financing District (TIF) monies be utilized to fund the difference of the amount needed to complete the project. This recommendation is being forwarded to the TIF board and then on to City Council for approval. Future projects were discussed as well. AGENDA ITEM NO. 5: Discussion of Agenda Items. Chairman Mooney indicated that Consent Agenda Item No. 2.4, Steeplechase Preliminary Plat, will be moved to the regular agend and a joint report will be presented with the Regular Agenda Item Igo. 5, Steeplechase Rezoning. P&Z Workshop Minutes November 16, 2000 Page 4 of 5 Commissioner Floyd indicated that he will request that Consent Agenda Items Igo. 2.5 and No. 2.7 he removed from the Consent Agenda and placed on the Regular Agenda. AGENDA ITEM NO. Minor and Amending Plats Approved by Staff. ■ Edelweiss Estates 7-B Amending Plat Ms. Ruiz pointed out that there w ere two lots and the interior lot line was relocated. AGENDA ITEM NO. 7: Adjourn. Commissioner Floyd motioned to adjourn the meeting and was seconded by Commissioner Williams. The motion carried 7-0. APPROVED: ATTEST: Chairman, Karl Mooney Staff Assistant, Susan Hazlett P&Z Workshop Minutes November 16, 2000 Page 5 of 5