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HomeMy WebLinkAbout05/15/2003 - Minutes - Planning & Zoning CommissionMINUTES Planning and Zoning Commission CITY OF COLLEGE STATION, TEXAS CITY HALL COUNCIL CHAMBERS 1101 Texas Avenue May 1, 2003 7:00 P.Me COMMISSIONERS PRESENT: Floyd, MeMath, Trapani, Williams, Hall, White, and S hafer. . COMMISSIONERS ABSENT: None. COUNCIL MEME ERS PRESENT: Hazen STAFF PRESENT: Assistant City Manager Brown, Assistant City Attorneys Robinson and DeLuca, Development Services Director Templin, Development Manager Ruiz, pity Planner Kee, Assistant City Engineer McCully, Graduate Civil Engineers Thompson and Cotter, Senior Planner Battle, Staff Planners Hitchcock, Pr ehazl a, Reeves and Fletcher, Transportation Planner Fgle, Planning Intern Harrell, Action Center Representative Kelly and Staff Assistant Hazlett. AGENDA ITEM N. 1: Hear Citizens. None. AGENDA ITEM N. 2: Public Comment for the Record. None. AGENDA ITEM N. 3: Public Comment on the Unified Development Ordinance ( UDO). None. P&Z Minutes May 15, 2003 Page 1 of 11 AGENDA ITEM PTO. 4: Consent Agenda. 4.1 Approved the Minutes for the Regular Meeting held on April 17, 2003. 4.2 Approved the Minutes for the Regular Meeting held on May 1, 2003. 4.3. Moved to the regular agenda the Final Plat for Buchanan Estates consisting of 2 lots on 10.86 acres located at 2201 and 2221 Emerald Parkway. (03 -89) 4.4 Approved a Final Plat for Westfield Addition Phase 2B consisting of 11 lots on 2.40 acres located on Meadow View Drive at Graham Road. 0 -103) Regular Agenda. AGENDA ITEM NO. : Consideration, discussion and possible action of requests for absence from meetings. None. AGENDA ITEM NO. : Consideration, discussion, and possible action on items removed from the Consent Agenda by Commission action. 4.3. Consideration, discussion and possible action on a Final Plat for Buchanan Estates consisting of 2 lots on 10.86 acres located at 2201 and 2221 Emerald Parkwa (03-89 Graduate Civil Engineer Thompson pre sented the Staff Report pointing out that the subject property is currently zoned A -G, Agricultural Open, and meets the required minimum lot size of acres for the zoning district, adding that two lots are proposed. He explained that the floodplain and the floodway are located on the plat and that a grading permit has been submitted along with a grading plan to remove a portion of the property out of the floodplain to construct a residence on it. This is allowed in the A -G zoning district. The filling of the floodplain is required to be one foot above the base flood elevation. An elevation certificate is also required for the construction of a home. Mr. Thompson stated that Staff has worked with the applicant to provide a single access point for Dots 1 and 2. Also, Mr. Thompson pointed out that Emerald Forest was included in the East Bypass Plan. In compliance with the plan, this plat will allow homesites compatible with existing neighborhoods and uses to be constructed. Plan recommendations concerning the adoption of stricter rules for filling of floodplain and clearing of land have not been adopted. Chairman Floyd asked who issues the elevation certificates. Mr. Thompson explained that the surveyor provides the documentation and certifies the elevation of the property. Staff determines if the slab for the home is one foot above the base flood elevation. FEMA regulations only require the home to be constructed at the base flood elevation or above. Discussion regarding the impact upstream and downstream ensued. Commissioner Shafer feels that this would have a negative impact on the entire area considering the build -out. Mr. Thompson stated that the alternative is the Zero -rise Polio which maps the floodplain as it is and does not allow in -fill. He added that this is done on a developed condition so that no detention is required, dumping directly into the channels, leaving the floodplain intact and acting P&Z Minutes May 15, 2003 Page 2 of 11 as natural detention. Chairman Floyd reminded Staff that during the UDO process, this particular issue was a concern in that the developers would be impacted if development was not allowed in the floodplain areas. Commissioner Shafer asked if this area could be purchased as a greenway. Mr. Thompson stated that this was discussed with the greenways manager and didn't believe she was interested in purchasing this piece of property. Chairman Floyd asked if there was an updated and City Council approved greenways report regarding this policy and what was the City's greenways plan. Mr. Thompson explained that the greenways manager has the authority to assess the value of floodplain land and attempt to purchase it at the assessed value, adding that the City Council approves the purchase of such property. Chairman Floyd instructed Staff to follow -up and make certain an updated greenways plan was presented for discussion in either a workshop o regular meeting, stating that it was difficult to follow a plan with incongruities regarding land purchases. Commissioner Shafer asked if a wetland evaluation has been done on the site. Mr. Thompson answered that the City has not done since it is not a State requirement, but the applicants may be required to do that themselves. He added that the City is obligated to determine that all requirements are received to move forward with the project. Mr. Thompson reiterated that the applicant is grading some portions of the area in order to provide for storage detention. Assistant City Engineer McCully stated that the plat meets all the requirements of the subdivision regulations. There was a brief discussion regarding the amount of fill that is required in order for the property to reach 1 -foot above the floodplain. Mr. Thompson interjected that Section 8 -B of the Subdivision Regulations speaks to the suitability of land regarding health and safety. We have ensured that a safe way is made in and out of the subject property and that the home is built 1 foot above the floodplain and according to the grading plan will give them proper ingress and egress in the 100 -year flooding event. Commissioner Hall stated that he is familiar with the area, having seen the floodwaters encroaching into the yards and nearing entry into the homes. Chairman Floyd questioned if there has been adequate study and investigation in substantiating the case for the plat. Mr. McCully explained that two ordinances are at work in the process for this plat. The Final Flat has net all of the Subdivision regulations and that the fill -in is allowed under the floodplain o rdinan ce . He added that the current ordinance tales into account the impacts up and do stream in the overall flood studies. He stated that even though the floodplain is not the sane, one area being concrete and one natural, the size of the channel counteracts the measurements and P&Z Minutes May 15, 2003 Page 3 of 11 the amount of fill in the floodplain. Commissioner Shafer motioned to deny the Final Plat without prejudice. Commissioner Trapani seconded the motion. The motion carried 7-0. FOIE: Floyd, Shafer, White, Hall, Trapani, McMath and Williams. AGAINST: None. AGENDA ITEM NO. 7: Public hearing, discussion and possible action on a Replat of the H nton Subdivision, Dots 1 and 2 and One Lincoln Elate, Lot 2, consisting of 13.31 acres located at goo and 1010 University Drive, approximately 1100 feet west of the intersection of Lincoln Avenue. (03-99) Graduate Civil Engineer Cotter presented the Staff Report. Ms. Cotter stated that the applicant is requesting to combine the lots and subdivide the resulting 13.31 -acre tract into 41ots. The replat meets all zoning and subdivision requirements. She added that a shared single access for all the lots meets current Driveway Ordinance requirements and will align with an existing median break. The current zoning of the property complies with the Land Use Plan. Because the subject property is in an overlay district, all applicable requirements must be met at the Site Plan stage. In addition, a sewer main and water main are required and Staff is currently reviewing those plans. Staff recommends approval of the final plat with the condition that Staff Review Comments No. 2 be addressed. Commissioner Williams motioned to approve with staff comments. The motion was seconded by Commissioner McMath. The motion carried 7-0. FOIE: Floyd, Shafer, White, Hall, Trapani, McMath and Williams. AGAINST: None. AGENDA ITEM NO. : Public hearing, discussion and possible action on a Replat for Lot 2, Bloch 1 of the Gateway Subdivision consisting of 5 lots on 3.391 acres located at 1711 University Drive East. 0 -102) Graduate Civil Engineer Thompson presented the Staff Report. He stated that the applicant wishes to subdivide this commercial lot into 5 lots. He added that the current zoning is C -B with Overlay District and that all the lots meet the minimum lot dimensions per the zoning requirements. The subject property is currently in the floodplain and a fill permit has been issued. Chairman Floyd opened the public hearing. Veronica Morgan, Mitchell & Morgan Engineering, spore in favor of the r plat. She pointed out that the new UDO would allow one free standing sign and one love profile sign on the two lots that front SH6 but not on the throe interior lots that have no frontage on a street. She proposed working with Staff to bring forth an amendment to the UDO that would redefine the pad -site definition to say frontage on either a public street or an interior access alley in order to allow the three interior lots to have love profile signag . Mr. Thompson stated that approval would be contingent upon adding the note to the plat that P&Z Minutes May 15, 2003 Page 4 of 11 signage would be shared and that all other requirements of the ordinance are met. Chairman Floyd closed the public hearing. Commissioner White motioned to approve with Staff comments. Commissioner McMath seconded the motion. The motion carried 7-0. FOIE: Floyd, Shafer, White, Hall, Trapani, McMath and Williams. AGAINST: None. AGENDA ITEM NO. : Public hearing, discussion and possible action on a Replat for Benjamin Graham Subdivision, Lot 1, consisting of 3 lots located on Koppe Bridge Road in the City's E TJ. (03-98) Graduate Civil Engineer Cotter presented the Staff report. She explained that the original lot is being divided into three lots and that each lot meets the minimum requirements for ETJ subdivisions. She added that the Fight- of-Way is being dedicated to the County through this r plat and that Staff recommends approval with Staff Review Comments No. 2. Chairman Floyd opened the public hearing. Chairman Floyd closed the public hearing. Commissioner Trapani motioned to approve the I plat with Staff Review Comments No. 2. Commissioner Williams seconded the motion. The motion carried 7-0. FOIE: Floyd, Shafer, White, Hall, Trapani, McMath and Williams. AGAINST: None. AGENDA A► ITEM NO. 10: Public hearing, discussion and possible action on a Replat for Lot 17, Bloch 1 of the Emerald Forest Subdivision Phase II consisting of 1 lot on .46 acres located at 8623 Rosewood. 0 -7 Graduate Civil Engineer Thompson presented the Staff Report. He reported that there is a drainage easement that traverses the subject property and the developer plans to re -route the stream to provide more buildable area. He added that Staff supports the platting of the new easement and stream improvements provided they meet design criteria. There will not be any negative impact from re- routing the stream. Chairman Floyd opened the public hearing. Chairman Floyd closed the public hearing. Commissioner Tra pani motioned to approve the Iplat and was seconded by Commissioner White. The motion carried 7-0. FOIE: Floyd, Shafer, White, Hall, Trapani, McMath and Williams. AGAINST: None. P&Z Minutes May 15, 2003 Page 5 of 11 AGENDA ITEM PTO. 11: Consideration, discussion and possible action on a Preliminary Plat for Reatta Meadows Subdivision consisting of 161 lots on 38.56 acres located at 2201 Barron Id. (03-86) Staff Planner Reeves presented the Staff report. She stated that Staff recommends approval. She reported that the subject property is shown on both the Land Use Plan and a recently approved Master Development Plan as single family residential. As part of the Master Development Plan, the Parks Board accepted the three -acre parkland dedication in conjunction with the 10.97 acres in the Spring Creek drainage way with the condition that trails in the drainage way be a part of the overall park development. Commissioner White motioned to approve which was seconded by Commissioner Williams. The motion carried 7-0. Commissioner White asked if this development was included in the update of the Thoroughfare Plan. Transportation Planner Fogle stated that they were. He added that Victoria, Highway 40 and Barron Road have the capacity to carry the additional traffic for this development. Chairman Floyd called the question. The notion to approve carried. FOIE: Floyd, Shafer, White, Hall, Trapani, McMath and Williams. AGAINST: None. . AGENDA ITEM PTO. 1: Public hearing, discussion and possible action on a variance request to Section 18 of the City's Subdivision Regulations and a Ieplt for University Preserve Subdivision consisting of 35 residential lots on 11.52 acres generally located along the east side of Munson Avenue, north of the DOIYH*M*k intersection. (03-95) Graduate Civil Engineer Thompson presented the Staff report stating that the plat does not meet the minimum subdivision regulations as required and therefore recommends denial of the proposed replat. The replat is for a portion of the University Preserve Subdivision which is currently zoned R -1 Single Family Residential and includes a variance request to Section 18 of the Subdivision Regulations. Mr. Thompson stated that the developer wishes to decrease the size of the existing lots and therefore increase the total number of lots in the subdivision. He added that even though the replat meets the square foot minimum lot areas required in Section 18, it does not meet the required contextual minimum lot width of 113 feet. Also, Mr. Thompson explained that in order for the Commission to approve the replat, they must first grant the variance request in accordance to Section 5 of the Subdivision Regulations. In closing, Mr. Thompson stated that a petition has been submitted and verified that requires a super majority (6 votes) of the Commissioner to approve the plat. Chairman Floyd asked Assistant City Attorney to clarify the reasons that the Commissioner cannot utilize when considering a variance. Assistant City Attorney Robinson stated that in order to grant a variance, the ordinance requires the Commission to determine if any undue hardship would exist if the developer had to strictly comply with the ordinance requirements. She explained that Texas does not have a definition of undue hardship, but rather what it is not; (1) does not include property that cannot be used for it's highest and best use; (2) financial or economic hardship; (3) self - created hardship; (4) that the P&Z Minutes May 15, 2003 Page 6 of 11 development's objective of the property owner are or will be frustrated. The applicant, Switzer Reason, 502 Arrowh Point Road, Belton, Texas, spore in favor of the variance request and r plat. He stated that he is the sole o and developer of University Preserve. He is requesting the variance in order to create smaller lots in the development, citing the City's Subdivision R whi require larger and more expensive lots than most can afford. He clarified that the variance is for only a portion of the subject property. He addressed issues that were raised at a meeting held with the property owners w ithin the 200' notifi area prior to tonight's meeting. Those three issues were drainage, traffic safety concerns and financial reasons. Mr. Reason also spore to each item of Section 5, "Variance.," and Section 1 , "Platting and F platting Within Older Residential Subdivisions, " of the Subdivision Regulations. Mr. Reason answered questions asked by Comm Trapani. Chairman Floyd ask the applicant's attorney to briefly explain a statement made in his letter regarding protective classes. Charles Ellison, P.C.., stated that race., sex and religious orientation are examples o f protective classes and that the costs of the large lots in the University Preserve Subdivision creates a barrier to protective classes and is covered by the Fair Housing Act. H ask if the mark practices of the applicant in targeting certain classes and groups of people w ould be relevant to the same rule. Mr. Ellison stated that it would not. Chairman Floyd read the four conditions of findings that the Commission must consider before a variance is approved. He stated that once the public hearing is over, the Commission will consider each of the four points individually and in sequence and state their finding. Chairman Floyd opened the public hearing. The following citizens spoke in opposition to the variance request and rpl at: )�P- Phil Springer, 1203-B Munson )0 Dawn Aberth., 1203-A Munson )0 Sarah Bednarz., 1101 Marst ll r )0 Bob Jones, Jones & Carter Engineers, Houston, Texas )0 Pete Dawson, 1003 Dominik )0 Orin Mil al, 1011 Dominik )0 Earl Morris, 1216 Westover The following citizens spore in favor of the variance request and rplat: )�, Nancy Bovey, 3006 Dorton Dane Chairman Floyd closed the public hearing. Commissioner Trapani motioned to deny the variance. Commissioner Williams seconded the motion. C ommissioner briefly discussed comment made by both the applicant and citizens. Under Chairman Floyd's direction, the Commission considered the four conditions of findings of Section 5., "Variance.," of the Subdivision Regulations. Section 5 -.1: The consensus of the Commission is that this item has not been met. Therefore, the remaining items 5- 5- and 5- are moot. P&Z Minutes May 15, 2003 Page 7 of 11 Chairman Floyd called the question. The variance was denied by a vote of 7-0. FOIE: Floyd, Trapani, Williams, White, Shafer, Hall and McMath. AGAINST: None. Commissioner McMath motioned to deny the r plat. Commissioner White seconded the motion. The motion carried 7-0. FOIE: Floyd, Trapani, Williams, White, Shafer, Hall and McMath. AGAINST: None. AGENDA ITEM NO. 13: Public hearing, discussion and possible action on a Conditional Use Permit for a wireless telecommunication facility located at 1361 Earl Rudder Freeway South. (03-08) Senior Planner Battle presented a brief overview of the ordinance that was recently adopted by the City Council. He explained that Staff reviews all proposed telecommunication facilities for compliance with every requirement of the ordinance. Their review also includes an inventory of communication facilities for the service provider that is making the proposal as well as a visual impact analysis. Chairman Floyd clarified that the proposed facility meets all the requirements and that Staff is recommending approval. Further discussion regarding height requirements and landscaping ensued. Chairman Floyd opened the public hearing. Michael Beatty, a representative of T- Mobile spoke in favor of the Conditional Use Permit. He reiterated the cooperation of his firm in providing the required and necessary landscaping for the site. It was decided that Staff would specify the plantings. Chairman Floyd closed the public hearing. Commissioner Trapani motioned to approve the Conditional Use Permit. Commissioner Shafer seconded the motion. The motion carried 7-0. FOIE: Floyd, Trapani, Shafer, White, Williams, Hall and McMath. AGAINST: None. AGENDA i ITEM NO. 14: Public hearing, discussion and possible action on a Rezoning for Tract 9 of the Kenneth W. Schick property consisting of 9.62 acres located at loo Southwest Parkway, on the corner of Southwest Parkway and Wellborn Road, from -1 General Commercial to R-4 Ap rtment Low Density. (03-93 Staff Planner Prochazka presented the Staff Report. Ms. Prochazka stated that the applicant wishes to develop the property as condominiums. Additionally, she reported that the Land Use Plan designates the property as residential attached and floodplain. The subject property is zoned C -1, General Commercial, already platted and designated as a Priority 4 on the Greenways P&Z Minutes May 15, 2003 Page 8 of 11 Master Plan. She stated that Staff recommends approval of the rezoning. Chairman Floyd opened the public hearing. Greg Taggart, Municipal Development Group, spore in favor o f the rezoning, reiterating that the proposed rezoning is in compliance with the Land Use Plan which designates this tract of land as Multi- family. Commissioner Shafer encouraged the developer to work on making the creek an amenity. Chairman Floyd closed the public hearing. Commissioner white motioned to approve the rezoning and was seconded by Commissioner Trapani. The motion carried 7-0. FOIE: Floyd, Trapani, Shafer, white, Williams, Hall and McMath. AGAINST: None. AGENDA ITEM N. 1: Public hearing, discussion and possible action on a Rezoning to amend the concept plan and other elements of the PIT -H, Planned I 1 pm nt- Housing, for 7.15 acres in the proposed Westfield Village Phase 6, located east of the future Victoria extension, south of Westfield and north of Westfield Village Phase 1. (03-96) Staff Planner Hitchcock presented the Staff Deport, recommending approval with the conditions that the eight -foot pathways be constructed by the applicant as part of the street section and that lots 1 and 30 be removed from the concept plan. She explained that the subject property is designed as single family, but that the applicant is requesting the new PIT -H in order to build a more traditional layout than was adopted with the first PIT -H concept plan. She added that the Parrs Board has seen and approved the now proposal. The variances requested by the applicant are for lot widths, setbacks., and sidewalks and the applicant also proposes to dedicate additional parkland of the common areas adjacent to the parr and greenway. Ms. Hit h l said the change in the concept plan that removes lots 1 and 30 males the most of visibility and access and would also continue the single - loaded street concept as well as allow the crossing for the eight- foot pathway to be at a street intersection rather than mid-block. The zoning is in line with The Comprehensive Plan. Chairman Floyd opened the public hearing. Dandy French, the developer, addressed the extraction of lots 1 and 30 and the widening of the sidewalks as recommended by Staff. He added that the new PIT -H proposal was that of less concrete and lots and is a development created to be an age - restricted area specifically for senior citizens. In closing, he asked Staff to reconsider some aspects of his proposed plans. Ms. Hitchcock stated that because of the numerous dedications that have occurred, Staff wants clarification that the development of the pathways is Mr. French's responsibility and not that of the City's. Commissioner Shafer pointed out the alignment reflected on the blueprint as the correct alignment. Chairman Floyd asked Staff to show what is gained in realigning the pathway through Lot 1. P&Z Minutes May 15, 2003 Page 9 of 11 Ms. Hitchcock explained that because this is a suburban greenway, whose primary purpose i recreation and access, it should be ll lit and may also have signag. By realigning the sidewalk this would realign with a residential st reet of a preliminary plat that has been previously approved by the Commission. There was farther discussion regarding a compromise in the extraction of Dots 1 and 30. Chairman Floyd closed the public hearing. Commissioner McMath motioned to approve the rezoning beeping lots 1 and 30 intact, making designer modifi to lot 1 leaving it in a viable use condition as a saleable lot, and for the applicant to work with the City to address the pathway entrance off the street. The motion carried 7-0. FOIE: Floyd, Trapani, Shafer, White, Williams, Hall and McMath. AGA INST: None. . AGENDA ITEM No. 1: Public hearing, discussion and possible action on a Zoning Ordinance Amendment for the Wolf Pen Creep Zoning District to better define the rr�inim reservation for the upstream portion of the corridor. (03-1 City Planner Kee presented the Staff Deport. Ms. Kee explained that the Wolf Pen Creep Master Flan was adopted in 1 and that the current ordinance, - , hih was adopted in 1 , d the minimum reservation area. A revised plan was created in 1998 that created an oversight committee. The oversight committee recommended that in 2000 a trail system be designed to better establish wh the areas w ould b. In 2001 an amendment implemented this by including more sp ic surveyed descriptions for the areas w h e re the trails would be for the downstream portion of the creel. She pointed out that the amendment before the Commission, is exactly the same, reflecting the upstream portion of the stream. Chairman Floyd opened the public hearing. Chairman Floyd closed the public hearing. Commissioner Trapani motioned to approve the amendment. Commissioner Shafer seconded the motion. The motion carried 7-0. FOIE: Floyd, Trapani, Shafer, White, Williams, Hall and McMath. AGA INST: None. . AGENDA ITEM No. 17: None. AGENDA ITEM No. 1: Discussion of future agenda items. Adjourn. Commissioner McMath motioned to adjourn and was seconded by Commissioner Shafer. The motion carried 7-0. P&Z Minutes May 15, 2003 Page 10 of 11 FOIE: Floyd, Trapani, Williams, White, Shafer, Hall and McMath. AGAINST: None. The meeting adjourned. ATTEST: Staff Assistant, Susan Hazlett APPROVED: Chairman, Rick Floyd P&Z Minutes May 15, 2003 Page 11 of 11