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HomeMy WebLinkAbout07/01/2002 - Minutes - Planning & Zoning Commission (2)MINUTES Planning and Zoning Commission CITY OF COLLEGE STATION, TEXAS July 1, 2002 6:00 P.M. COMMISSIONERS PRESENT: Commissioners Floyd, Hall, McMath, Shafer, White, and Williams. COMMISSIONERS ABSENT: Commissioner Trapani. COUNCIL MEMBERS PRESENT: Happ, Maloney, and Hazen. STAFF PRESENT: Assistant City Manager Brown, Staff Planner Reeves, Planning Interns Flanery and Fletcher, Graduate Engineer Thompson, Assistant City Attorney Nemcik, Director of Development Services Templin, City Planner Kee, Senior Planner Battle, Development Review Manager Ruiz, Assistant Development Review Manager George, Development Services Secretary Macik, Action Center Representative Steptoe, Transportation Planner Fogle, Traffic Engineer Picah, Fire Marshall Mies, and Staff Assistant Hazlett. Chairman Floyd called the meeting to order at 6:00 p.m AGENDA ITEM NO. 1: Hear visitors None. AGENDA ITEM NO. 2: Public Comment for the Record None. AGENDA ITEM NO. 3: Consent Agenda The following items were approved by common consent. 3.1 Approved the Minutes from the Workshop Meeting held on April 4, 2002. 3.2 Approved the Minutes from the Regular Meeting held on May 16, 2002. P &ZMznutes July 1, 2002 Page 1 of 7 3.3 Approved the Minutes from the Regular Meeting held on June 6, 2002. 3.4 The applicant pulled the consideration and possible action on a Final Plat for One Lincoln Place, consisting of two lots on 2.9 acres on University Drive from the Agenda. (02 -108) 3.5 Approved the Final Plat for Bentwood Estates Phase I, consisting of 33 lots on 78 acres in the City's ETJ (Extraterritorial Jurisdiction). (02 -111) 3.6 Approved the Preliminary Plat for the Castlegate Subdivision Section 10 located north of the intersection of Victoria Avenue and Castlegate Drive. (02 -95) 3.7 Approved the Final Plat for Peach Creek Estates, consisting of 3 lots on 11.9 acres. (02 -116) REGULAR AGENDA AGENDA ITEM NO. 4: Consider request(s) for absence from meetings. Commissioner Hall motioned to approve the absence request. Commissioner Shafer seconded the motion. The motion carried 6 -0. AGENDA ITEM NO. 5: Consideration, discussion, and possible action on items removed from the Consent Agenda by Commissioner action. None. AGENDA ITEM NO. 6 : Public hearing, discussion, and possible action on a Final Plat for the University Preserve Subdivision, consisting of 14 acres located near the intersection of Dominik and Munson Avenue. (02 -107) This item was moved and heard following Agenda Item No. 7. Development Review Manager Ruiz presented the Staff Report. Ms. Ruiz recommended approval of the Final Plat with the condition that Staff has the ability to review the reserve fund proposal and have the Director of Public Works approve it. The proposal, which is required by Ordinance because of the private streets, has been received and is currently being reviewed. Ms. Ruiz stated that the applicant is proposing to construct 22 additional homes. She added that the replat further subdivides three lots of the Woodland Estates Subdivision. Ms. Ruiz also pointed out that a recent amendment to the Subdivision Regulations further restricts density and minimum lot dimensions when platting within older residential subdivisions. She stated that this criterion applies to all properties platted prior to 1970 as well as this plat and that the proposed subdivision is also in compliance with the Land Use Plan. Additionally, Ms. Ruiz pointed out that at the previous public hearing before the Commission on March 21, 2002, many surrounding property owners expressed concern regarding the location of the private street, increased traffic to the area, and drainage. She explained that staff has worked closely with the design engineer on the street location, hired an independent Traffic Impact Assessment, and addressed the drainage issues by enlarging the storm water detention facility with an additional lot that was removed from the approved preliminary plat for this purpose. Ms. Ruiz also stated that in her opinion, the cul -de -sac requirements have also been met. Chairman Floyd asked the applicant to clarify some statements. Switzer Denson, 2706 Pinehurst, Bryan, stated that his efforts to acquire entry to Dominik or Westover were unsuccessful and remain as P &ZMinutes July 1, 2002 Page 2 of 7 such. He added that the location of the entry is in the best possible location given the existing physical restraints of the property. Also, Mr. Deason stated that because of the efforts to address the drainage issues expressed by two property owners, should experience a significant decrease in the amount of run -off to the rear of their property. A special traffic .study has been done to address the traffic issues that were expressed. Joe Blaschke, the City's consulting engineer, reported the findings of his study. He stated that this development is too small to cause any traffic concerns. The traffic count is made over a 24 -hour period with 3/4 of the volume of traffic taking place within a 12 -hour period, between 7 a.m. and 7 p.m. Additionally, Mr. Blaschke stated that there is not a site distance or safety concern at this location and that this determination was made according the actual physical layout of Munson. Chairman Floyd opened the public hearing. Bob Jones, representing Millie Jones, a resident, stated that several items were of concern to him, but particularly the traffic issue. He pointed out that Munson was a residential street and a maximum of 1,000 cars is allowed. As a collector street, a maximum of 5,000 cars is allowed. State law states that this proposal should meet not only the subdivision regulations, but also meet the design guidelines or the general plan of the City. He pointed out several statements in the guidelines. He stated that the increase in traffic would be an inordinate amount for this area compared to what the guidelines read. He also believes that the applicant is platting and putting more lots on the street than the ordinance allows and should require a variance, and because of specific conditions required for a variance, this proposal would not qualify for a variance. Oran Mikeal, 1011 Dominik, expressed concern regarding the drainage issue in the area, particularly on his property, due to the change in the surface area, the contour of the land, and ultimately the saturation rate. Ruth Fleeger, 1212 Westover, also expressed concern regarding drainage. Benito Flores Meath, 901 Val Verde Drive, expressed concern about the blockage of traffic due to the length of the drive at the entry -gate of the ,subdivision. Mr. Edwards, 1214 Westover asked how many homes are allowed to be built on each lot. Development Review Manager Ruiz answered that one house per lot is allowed. Chairman Floyd closed the public hearing. Commissioner Williams motioned for approval with Staff conditions. Commissioner McMath seconded the motion. Commissioner White asked Dr. Blaschke to address the drive and gate concerns. Mr. Blaschke stated that stacking storage for a 2 to 3 vehicles is sufficient for this size of development. Mr. Deason, the applicant, explained that the driveway ordinance requires a minimum of 60' length but stated that they plan to place the gate 80' back in order to allow stack room for 4 vehicles. The streets coming into the subdivision are 20 feet wide on each side, giving 40 feet of roadway. With this in mind, vehicles can be stacked side by side, making room to stack 8 cars, which is not required for a 22 home subdivision. Chairman Floyd called the question. The motioned carried 5 -1, with Commissioner Hall voting in opposition. AGENDA ITEM NO. 7: Public hearing, discussion, and possible action on a Conditional Use Permit and Site Plan for the First United Methodist Church located at 1125 Wellborn Road. (02 -110) This item was moved and heard prior to Agenda Item No. 6. P &ZMinutes July 1, 2002 Page 3 of 7 Staff Planner Reeves presented the Staff Report. Ms. Reeves stated that Staff recommends approval with Staff Review Comments #2. She pointed out that a church is allowed in any zoning district with a Conditional Use Permit. A Use Permit was granted on July 17, 2001. Approval of the Site Plan is now being requested. Ms. Reeves explained that the church has met with the adjoining residents about their project and the proposed buffer. Additionally, the proposed sign meets the City's requirements. Chairman Floyd opened the public hearing. Mr. Patterson, project architect, 701 South Texas Avenue, Bryan, spoke in favor of the Conditional Use Permit. Commissioner Shafer asked how the greenbelt area is being handled. Mr. Patterson explained that this is a flood plain area and is to continue as the greenbelt between the park and Lincoln. This stage of the construction will not impact that area. Clarence Thomas, church member, stated that the neighboring residents have responded positively to the proposed project. Chairman Floyd closed the public hearing. Commissioner Williams motioned to approve with Staff comments #2. Commissioner White seconded the motion. The motion carried 6 -0. AGENDA ITEM NO. 8: Public hearing, discussion, and possible action on an ordinance amendment for a Rezoning of approximately 7.76 acres located at 1855 Arnold Road, from A -O, Agricultural open, to R -1, Single Family Residential. (01 -267) Planning Intern Flanery presented the Staff Report. Ms. Flanery stated that the applicant is requesting the rezoning to enable development of the property. She added that Staff recommends approval of the rezoning. Ms. Flanery reported that the R -1 request is in compliance with the Land Use Plan because the area is designated as medium density /single family residential. She explained that the access to the site would be from Arnold Road, which is a minor collector. Also, because of a recent subdivision regulation amendment, Ms. Flanery explained that property must connect to paved, public right -of -way prior to subdivision. In light of this new amendment, she pointed out that either Arnold Road will have to be improved up to the property prior to subdivision or the extension of Arnold Road will have to be platted as part of the internal circulation of the subdivision. This issue will be addressed at the platting stage. Chairman Floyd opened the public hearing. Chairman Floyd closed the public hearing. Commissioner Williams motioned for approval. Commissioner Hall seconded the motion. The motioned carried 6 -0. AGENDA ITEM NO. 9: Public hearing, discussion, and possible action on an ordinance amendment for a Rezoning of approximately 7.22 acres located at 1401 Arnold Road, from A -O, Agricultural Open to R -1, Single Family Residential. (02 -109) Planning Intern Flanery presented the Staff Report. Ms. Flanery stated the applicant makes the rezoning request in order to develop the property. The subject property is designated by the Land Use Plan as medium density /single family residential. This rezoning request is in compliance with the Land Use Plan. Therefore, Ms. Flanery stated that the Staff recommends approval of the rezoning. She explained that because of a recent subdivision regulation amendment, Arnold Road will have to be P &ZMznutes July 1, 2002 Page 4 of 7 improved up to the property prior to subdivision or the extension of Arnold Road will have to be platted as part of the internal circulation of the subdivision. This issue will be addressed at the platting stage. The Thoroughfare Plan currently shows Arnold Road along the south property line of the subject property where it will tie into a north /south minor collector in the future, which would be the Norman extension. This requirement will also be addressed at the platting stage. Once the entire road system for the area is built out, access to the subject property will be from the Norman extension and from Arnold Road. Chairman Floyd opened the public hearing. Greg Taggart, Municipal Development Group, spoke in favor of the rezoning. Non - traditional connections for bicycle and pedestrian travel for the area was briefly discussed. Chairman Floyd closed the public hearing. Commissioner White motioned for approval. Commissioner Williams seconded the motion. The motion carried 6 -0. AGENDA ITEM NO. 10: Public hearing, discussion, and possible action on an ordinance amendment for a Rezoning of approximately 5.005 acres located at 7103 Rock Prairie Road for the Steamatic of Brazos Valley from A -O, Agricultural Open, to C -1, General Commercial. (02- 98) Planning Intern Flanery presented the Staff Report. The property is located across from the landfill and just outside of the Rock Prairie /Greens Prairie Small Area Plan that was recently adopted by the City Council. It is surrounded by rural residences and is presently used as such. Ms. Flanery stated that Staff recommends denial due to the lack of infrastructure and non - compliance with the Land Use Plan and the City's development policies, which call for commercial development to be located at street intersections. Fire protection is required, and without city water connection, the pressure would not be great enough to provide adequate fire protection. Ms. Flanery reported that a waterline is scheduled for completion in one year and the wastewater is scheduled for the area within the next three years. She added that this request could also be considered as spot zoning because the area would be singled out and zoned differently from the surrounding area. Also, the benefit would be for the particular landowner and not the public interest, and it would be an incompatible use that does not further the purpose of the Comprehensive Plan. Additionally, spot zoning can have negative impacts on surround land uses and is illegal. City Planner Kee stated that there have been no recommended changes across Rock Prairie Road. The area in question is being considered for annexation. Therefore, any planning refinement in the future would be done on a larger area. She explained that on the other side of Rock Prairie Road, the City plans to develop a park, provide public institutional property, and has determined to use the majority of this land for low density residential, including the subject tract, according to the Comprehensive Plan, Chairman Floyd opened the public hearing. The following spoke in favor of the rezoning request: Fain McDougal, 4150 Shadowbrook Rudy Schultz, 1411 East 29 Street, Bryan Kevin Slaten, 3942 Dove Trail P &ZMinutes July 1, 2002 Page 5 of 7 The following spoke in opposition to the rezoning request: Linda Praytor, 7005 Rock Prairie Road Chairman Floyd closed the public hearing. Commissioner Williams motioned to approve a less intense zoning classification. Commissioner McMath seconded the motion. Planning Intern Flanery explained that because the warehouse use is also planned for the site, a lesser zoning classification would not be allowed. Commissioners Williams and McMath withdrew the motion and second for a lesser zoning classification. Commissioner Williams motioned to deny for discussion purposes. Commissioner McMath seconded the motion. The commission briefly discussed concerns and options. The motion was withdrawn by Commissioner Williams and the ,second withdrawn by Commissioner McMath. Commissioner Hall motioned to deny without prejudice. Commissioner Shafer seconded the motion. The motion carried 5 -1, with Commissioner McMath voting in opposition. AGENDA ITEM NO. 11: Public hearing, discussion, and possible action on a Rezoning for the Edelweiss Gartens Venture located northeast of Wellborn Road and Southeast of Graham Road. (02 -93) Senior Planner Battle presented the Staff Report. He stated that Staff recommends approval of the request. Mr. Battle explained that the request is to rezone approximately 19.5 acres from R -1, Single Family Residential, and R &D, Research & Development and Light Industry, to R -2, Duplexes. The property is located south of Graham Road, and adjacent to Wellborn Road and the future Highway 40 intersection. He pointed out that the Edelweiss Gartens Master Development Plan was approved by the Commission in 2001 and shows a mix of R -1, Single Family Residential, and R -3, Townhouse development. The applicant wishes to rezone the subject property in order to make some modifications. Mr. Battle explained that the City's development policies encourage a reduction of land use intensity as development approaches residential areas. The R &D district was previously approved to provide a transition between residential and non - residential development. Staff believes that the proposed R -2 will also provide a similar transition. Similarly, the R -2 will provide a transition from the future Highway 40 and widened Wellborn Road to single - family residential. Mr. Battle added that the Comprehensive Plan defines this area for medium density, single family with a density of 3 -6 dwelling units per acre. With this proposed change, the Edelweiss Gartens development will have an approximate density of 5.4 dwelling units per acre. Additionally, the variety of housing types is in compliance with the City's development policies. Mr. Battle pointed out that the applicant would have to amend the master development plan at time of platting. Chairman Floyd opened the public hearing. Steve Arden, 311 Cecilia Loop, developer, spoke in favor of the rezoning. Some type of buffering between the development and the future Highway 40 is needed. That is why a gradation of zoning is very important at this intersection. As presently zoned, single family homes would be backing the overpass of the future Highway 40. Chairman Floyd asked how access to the proposed townhouses would be provided. Mr. Arden explained that access is provided by Graham Road and possibly the future Highway 40. F &ZMinutes July 1, 2002 Page 6 o 7 Chairman Floyd closed the public hearing. Commissioner White motioned for approval. Commissioner Shafer seconded the motion. The motion carried 6 -6. AGENDA ITEM NO. 12: Discussion of future agenda items. None. AGENDA ITEM NO. 13: Adjourn. Commissioner Williams motioned to adjourn. Commissioner Hall seconded the motion. The meeting adjourned at 7:52 p.m. APPROVED: Chairman, Rick Floyd ATTEST: Staff Assistant Susan Hazlett P &ZMinutes July 1, 2002 Page 7 of 7