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HomeMy WebLinkAbout09/05/2002 - Minutes - Planning & Zoning CommissionMINUTES Planning and Zoning Commission CITY OF COLLEGE STATION, TEXAS September 5, 2002 7:00 P.M. COMMISSIONERS PRESENT: Commissioners Floyd, Williams, White, Shafer, Hall, and Trapani. COMMISSIONERS ABSENT COUNCIL MEMBERS PRESENT: STAFF PRESENT: AGENDA ITEM NO. 1: No one spoke. AGENDA ITEM NO. 2: No one spoke. Hear Visitors Commissioner McMath. Council Member Mears. Assistant City Manager Brown, Staff Planners Reeves, Flanery, Fletcher, and Hitchcock, Assistant City Attorney Robinson, Director of Development Services Templin, City Planner Kee, Senior Planner Battle, Development Manager Ruiz, Assistant Development Manager George, Traffic Engineer Picah, Transportation Planner Fogle, Assistant City Engineer McCully, Graduate Civil Engineers Thompson and Cotter, Action Center Representatives Steptoe and Kelly, and Staff Assistant Hazlett. Public Comment for the Record. AGENDA ITEM NO. 3: Consent Agenda 3.1 Approved the minutes from the July 1, 2002 Workshop Meeting. 3.2 Approved the minutes from the July 1, 2002 Regular Meeting. 3.3 Approved the minutes from the July 18, 2002 Workshop Meeting. P &Z Minutes September 5, 2002 Pagel o£ 8 3.4. Approved the minutes from the July 18, 2002 Regular Meeting. 3.5 Approved the minutes from the August 6, 2002 Regular Meeting. 3.6 Approved the minutes from the August 15, 2002 Workshop Meeting. 3.7 Approved the minutes from the August 15, 2002 Regular Meeting 3.8 Moved to the Regular Agenda the Preliminary Plat for the Rock Prairie West Business Park, consisting of 19 lots on 62.85 acres located in the City's Extraterritorial Jurisdiction. (02 -156) 3.9 Approved the Vacating and Final Plat for the W.C. Boyette Estate Subdivision consisting of 1 lot on 3.21 acres located at 301 Church Avenue. (02 -167) 3.10 Moved to the Regular Agenda the Preliminary Plat for the Barker Subdivision, consisting of 1 C -3, Planned Commercial, lot on 2.45 acres located at State Highway 6 South. (02- 170) Regular Agenda AGENDA ITEM NO. 4: Consider request(s) for absence from meetings. Commissioner McMath was absent. Because his absence request was submitted after the packet preparation for this meeting, approval will then be considered at the Planning and Zoning Commission meeting scheduled for September 19, 2002. AGENDA ITEM NO. 5: Consideration, discussion, and possible action on items removed from the Consent Agenda by Commission action. 3.8 Consideration and possible action on a Preliminary Plat for the Rock Prairie West Business Park, consisting of 19 lots on 62.85 acres located in the City's Extraterritorial Jurisdiction. (02 -156) Graduate Civil Engineer Thompson presented the Staff Report. He explained that the subject property is located in Area 2 of the City's 2002 Annexation plan and that the business park is being developed for proposed commercial use. However, Mr. Thompson pointed out that there is no land use application in the county. In response to the Commission's concern regarding access, Mr. Thompson stated that the County Commissioners agreed that the access easements that have been proposed would be plausible on this site since the spacing will be at approximately 400 feet between every other property. The driveway ordinance does not apply in the ETJ, but using it as a guideline, the ordinance allows driveways on minor arterials at every 300 feet. Therefore, the proposed spacing of 400 feet would exceed the spacing requirements in the driveway ordinance. Development Services Director Templin reiterated the statements Mr. Thompson gave regarding the driveway ordinance and its application in the ETJ as well as the fact that the proposed spacing indeed exceeds our requirements. He added that since the subject P &Z Minutes September 5, 2002 Page 2 of 8 property has not been annexed and that there is no zoning in the ETJ, the property is beyond the jurisdiction of the Planning and Zoning Commission and City. The Staff would prefer that the proposed project wait until after annexation, in the event that annexation does occur, but stated that the timing of the project in relation to annexation is not up to the Staff. Assistant City Attorney Robinson explained that the ministerial duties of the Planning Zoning Commission, according to the Local Government Code, requires them to approve a plat or re -plat that satisfies all of the applications and regulations of the subdivision regulations. Since Staff has reported that all of these requirements have been met, the Commission does not have any discretion, and must approve the plat. Mr. Templin added that if the area were annexed, it would then fall under the jurisdiction of the City's codes and at that time, the City would have site plan approval for commercial uses. Mr. Templin also addressed the Wellborn Road expansion with regard to the extension of the proposed new Highway 40. He reported that TxDOT is still investigating where the alignment of the new highway would be placed. If the extension of Wellborn Road does occur, this property will be subject to right -of -way acquisition. Commissioner Trapani motioned to approve the Preliminary Plat. Commissioner White seconded the motion, which carried by a vote of 6 -0. FOR: Floyd, Trapani, White, Hall, Shafer, and Williams AGAINST: None 3.10 Consideration and possible action on a Preliminary Plat for the Barker Subdivision, consisting of 1 C -3, Planned Commercial, lot on 2.45 acres located at State Highway 6 South. (02 -170) Assistant City Engineer McCully presented the Staff Report, recommending approval with the condition that the Staff Review Comments are addressed. Mr. McCully stated that the property has not yet been platted while the property to the north has been. He explained that the applicant is proceeding with the platting of this property to allow future development. Because the property to the north will be affected by the proposed continuation of Barron Road, the applicant will incorporate the subject property with the smaller remaining portion of the property to the north in order to create a more developable lot. He added that the floodplain and floodway pose a significant constraint to the site. The site also has a fill requirement that any building must be 3 feet above the floodplain elevation. In closing, Mr. McCully stated that all the requirements have been met for the approval of this Preliminary Plat. Commissioner Trapani motioned to approve the Preliminary Plat. Commissioner Williams seconded the motion, which carried 6 -0. FOR: Floyd, Trapani, Hall, White, Williams, and Shafer. AGAINST: None. AGENDA ITEM NO. 6: Public hearing, discussion, and possible action on a Rezoning for 2520 Earl Rudder Freeway South, from R -1, Single Family Residential, to C -B, Business Commercial. (02 -171) P &Z Minutes September 5, 2002 Page 3 of 8 Staff Planner Hitchcock presented the Staff Report. Ms. Hitchcock stated that Staff recommends denial of the Rezoning. She explained that in a previous hearing before the Planning and Zoning Commission, a C -1 rezoning request was denied. At the August 8, 2002 City Council meeting, the applicant requested a C -B rezoning, which was denied by the City Council and returned to the Commission for recommendation. Ms. Hitchcock stated that the applicant has returned requesting a C -B rezoning and offering several conditions to the rezoning. She pointed out that the Land Use plan shows the subject property to be Mixed Use Development and that this rezoning request does not encompass the residential component necessary to meet the definition of a mixed -use development. Ms. Hitchcock added that commercial zoning is a valid zoning on the property as well. In closing, she explained that the request is not in line with the Land Use Plan. Until the new UDO is adopted and a mixed -use development is re- defined, the rezoning for the subject property is speculative. On the positive side, Ms. Hitchcock stated that by either enhancing or leaving the pond that is on the property intact, this would constrain the developable size of the property and the conditions offered would produce a more sensitive design. Ms. Hitchcock clarified the definition of a mixed -use development. The minimum parcel size that is needed for a mixed -use development is not known. Commissioner White stated that he couldn't support deviating from the Land Use Plan. There was some discussion on what the applicant could have done or submitted differently in order to make the request more acceptable. Chairman Floyd opened the public hearing. Veronica Morgan, 511 University Drive, spoke in favor of the rezoning. Chairman Floyd requested the applicant's letter to be included as a part of the record. Commissioner Trapani clarified that the client will not be the end user and developer on the property. Commissioner Shafer expressed concern about pedestrian access and connections. Thomas 7801 Cheswick, Austin, TX 78745, spoke in favor of the rezoning. Sherry Ellison, 2705 Brookway Drive, spoke against the rezoning. Chairman Floyd closed the public hearing. Commissioner White expressed concern regarding the negative impact of traffic for the area. Ms. Hitchcock stated that the roadways are built to handle the increase in traffic. Commissioner Williams motioned to deny the rezoning. Commissioner Trapani seconded the motion, which carried 6 -0. FOR: Floyd, Trapani, White, Shafer, Hall, and Williams AGAINST: None AGENDA ITEM NO. 7: Public hearing, discussion, and possible action on a Conditional Use Permit for the Southland Telecommunications Tower located at 112 Holleman. (02 -118) P &Z Minutes September 5, 2002 Page 4 of 8 Staff Planner Flanery presented the Staff Report. Ms. Flanery stated that the applicant plans to construct a new 118 feet tower at the location and that Staff recommends approval. She explained that access to the site would be taken from a driveway off of the private access easement from Holleman. She added that the proposed tower meets all setbacks and separation distances from the two residential zoning districts. Ms. Flanery reported that there are natural buffers on all sides of the subject property. She added that a cedar fence as well as landscaping would surround the cell tower equipment. The Land Use Plan designates this area as high - density single family. However, the subject property is currently developed as commercial /industrial. There was some concern expressed about notifying the nearby church. Chairman Floyd opened the public hearing. The following spoke in favor of the tower: Joseph Abboud, Cingular Wireless, 2929 Briarpark #329, Houston, Texas Willie , 8706 Driftwood Benito Flores- Meath, 901 Val Verde Some discussion regarding co- location and the array of such, the needed height of the tower as well as the 10'X16' equipment shelter ensued. No one spoke in opposition of the tower. Chairman Floyd closed the public hearing. Commissioner Trapani motioned to approve the tower. Commissioner White seconded the motion. Commissioner Shafer stated that he would like for Staff to make certain that the nearby church is notified and made aware of the tower since they will be impacted by the tower. Commissioner Trapani withdrew his motion. Commissioner White withdrew his second. Commissioner White motioned to table, pending response from the church relative to the construction of the tower. Commissioner Trapani seconded the motion, which carried 6 -0. FOR: Floyd, Trapani, White, Shafer, Hall, and Williams AGAINST: None AGENDA ITEM NO. 8: Consideration, discussion, and possible action on a Variance Request to the Subdivision Regulations for the Simmons' Property consisting of 3.12 acres located on Barron Cut -Off Road. (02 -172) Staff Planner Flanery presented the Staff Report stating that Staff recommends approval of the variance. She explained that the applicant is requesting a variance to the platting requirements in order to replace a manufactured home on 3.12 acres of land that is currently zoned as A -O (Agricultural Open). Ms. Flanery added that an heir to the original landowner illegally subdivided the parent tract, which consists of 37.615 acres, into 7 tracts of varying size. The subdivision regulations require that the entire parent tract be preliminary platted prior to final P &Z Minutes September 5, 2002 Page 5 of 8 plat of the individual lot. She stated that the applicant is asking for a variance to allow them to final plat their 3.12 acres tract without preliminary platting the entire parent tract. Ms. Flanery reported that the applicant had plans to replace a dilapidated mobile home with a newer manufactured home but were denied a permit to do so because the land was not properly subdivided, and the current configuration of the lot was smaller than the 5 acre minimum allowed by the A -O zoning district. Additionally, several attempts have been made to get the different owners of the tracts together for legal subdivision, without success. Chairman Floyd requested that the letter from the applicant's attorney be made a part of the record. The following spoke in favor of the variance request: Chuck Ellison, Attorney, representing the Simmons family. Commissioner Trapani motioned to approve the variance request. Commissioner White seconded the motion, which carried 6 -0. FOR: Floyd, Shafer, White, Trapani, Williams, and Hall AGAINST: None AGENDA ITEM NO. 9: Consideration, discussion, and possible action on a Master Preliminary Plat for the Crowley Tract, consisting of 331.403 acres located at 4400 State Highway 6 South. (02 -57) Graduate Civil Engineer Thompson presented the Staff Report. He stated that Staff recommends approval of the Master Preliminary Plat. He added that no phasing of the project has been proposed or considered for this plat. He explained that this plat complies with the approved Master Development Plan. He pointed out that the location of Decatur at State Highway 40 has been the only change. Commissioner Trapani motioned to approve. Commissioner Shafer seconded the motion, which carried 6 -0. FOR: Floyd, Shafer, White, Trapani, Williams, and Hall AGAINST: None AGENDA ITEM NO. 10: Public hearing, discussion, and possible action for an Amendment to the Buffer Regulations in the City's Zoning Ordinance. (02 -178) Development Manager Ruiz presented the Staff Report. Ms. Ruiz stated that the amendment is being presented to the Commission at the direction of the City Council and the Planning and Zoning Commission as a result of the July Joint UDO meeting because there are developments pending that are impacted by the current requirement. This amendment proposes to eliminate the wall requirement to require the same buffer as is required for multi- family development. She explained that individual lots in higher density areas are being redeveloped as duplexes and that the requirement for the wall is onerous from a cost standpoint but will also create small walled compounds in and among single - family lots. Chairman Floyd opened the public hearing. Benito Flores - Meath, 901 Val Verde, spoke in opposition to the amendment. P &Z Minutes September 5, 2002 Page 6 of 8 Chairman Floyd closed the public hearing. Commissioner Trapani motioned to approve the amendment that was seconded by Commissioner Williams. The motion carried 6 -0. FOR: Floyd, Shafer, Hall, Williams, Trapani, and White AGAINST: None AGENDA ITEM NO. 11: Public hearing, discussion, and possible action on an Amendment to the City's Thoroughfare Plan, adopting the Bikeway and Pedestrian Master Plan. (02 -133) Transportation Planner Fogle presented the update regarding the Bikeway and Pedestrian Master Plan. Mr. Fogle explained that the City Council's 2001 -2002 Strategic Plan includes a strategy to improve bike /pedestrian friendliness by constructing and maintaining bike /pedestrian infrastructure. Part of the implementation plan for this strategy involves updating the bikeway master plan. The original plan was adopted in 1993. The new plan includes new areas of the City as well as some new ideas. He explained that bikeways are lanes that are on street (lanes and routes) and off street are trails that can accommodate both cyclists and pedestrians. The objective of the plan is to provide a system of bikeways and pedestrian ways similar to the thoroughfare system that is provided for vehicles and to encourage the use of these modes of transportation to reduce pollution and to mitigate congestion. Mr. Fogle pointed out that the processes in developing the plan involved research, public involvement, surveys, avenues of advertisement, and field investigation. Mr. Fogle discussed the three groups of cyclists, the bikeway thoroughfare, and the various bikeway /pedestrian projects currently planned and under construction. Additionally, Mr. Fogle discussed support elements, such as design, education, and facilities. Chairman Floyd opened the public hearing. The following citizens requested an amendment to the proposed Bikeway and Pedestrian Plan for the section of Longmire, at the College Station Business Center, between Airline and Valley View to be changed to Airline and Southwood. Jim Griffin, 4728 Stonebriar Dan Clarke, 1212 Haley Place John Clarke, 504 Crescent, Bryan Steve Bradley, 706 Putter Court Willie Allen, 8706 Driftwood Drive Scott Mears, 2908 Cortez Willie Allen, 8706 Driftwood Drive, asked that the ban against riding bicycles on Texas Avenue be lifted or removed. The following spoke in favor of the plan and commended the Staff on their efforts. Harvey Morgan Scott, 3204 Salzburg Court Sherry Ellison, 2705 Brookway Drive P &Z Minutes September 5, 2002 Page 7 of 8 Ken Dykema, 2904 Brothers Blvd. Jonathan Coopersmith, 1811 Shadowwood Drive Cheryl Herman, 3204 Salzburg Court Chairman Floyd closed the public hearing. Development Services Director clarified that on- street parking is not a criterion used when determining the required number of parking spaces are needed for a development. He explained that 100% of the parking is to be maintained on site and that there is no allowance for parking on the street. The site in question was established as office /warehouse use and the parking was sized for the office - portion of the warehouse. The parking was afforded completely off the right - of -way and on site after approval in 1984. Commissioner Trapani motioned to approve the Bikeway and Pedestrian Master Plan with the amendment to change the bike plan for the section of Longmire between Airline and Valley View to Airline and Southwood. Commissioner White seconded the motion, which carried 6 -0. FOR: Floyd, Shafer, Hall, Trapani, Williams, and White AGAINST: None Commissioner Trapani motioned to approve the Bikeway and Pedestrian Master Plan and was seconded by Commissioner Williams. The motion carried 6 -0. FOR: Floyd, Shafer, Hall, Trapani, Williams, and White AGAINST: None AGENDA ITEM NO. 12: Discussion of future agenda items. There was no discussion. AGENDA ITEM NO. 13: Adjourn. Commissioner Trapani motioned to adjourn and seconded by Commissioner White. The motion carried and the meeting adjourned. FOR: Floyd, Shafer, Hall, Trapani, Williams, and White AGAINST: None APPROVED: Chairman, Rick Floyd ATTEST: Staff Assistant, Susan Hazlett P &Z Minutes September 5, 2002 Page 8 of 8