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HomeMy WebLinkAbout10/28/2004 - Minutes - Planning & Zoning Commission MINUTES Regular Meeting Planning and Zoning Commission Thursday, October 28, 2004, at 7:00 p.m. Council Chambers, College Station City Hall 1101 Texas Avenue College Station, Texas CITY OF COLLEGE STATION Planning & Development Services COMMISSIONERS PRESENT: Commissioners White, Reynolds, Fedora, Nichols & Hooton. COMMISSIONERS ABSENT: Chairman Shafer & Commissioner Davis. CITY COUNCIL MEMBERS PRESENT: None. DEVELOPMENT SERVICES STAFF PRESENT: Staff Planners Fletcher, Prochazka & Hitchcock, Development Manager George, Planning & Development Services Director Dunn, Graduate Civil Engineer Thompson, Senior Assistant City Engineer and Staff Assistant Grace. OTHER CITY STAFF PRESENT: First Assistant City Attorney Nemcik. 1. Hear Visitors No visitor spoke. 2. Consent Agenda 2.1 Consideration, discussion and possible action on meeting minutes: August 23, 2004 Strategic Planning Workshop September 2, 2004 Workshop Meeting September 2, 2004 Regular Meeting September 16, 2004 Workshop Meeting September 16, 2004 Regular Meeting October 7, 2004 Regular Meeting Commissioner Nichols removed the August 23, 2004 meeting minutes to the regular agenda due to minor corrections. Commissioner Nichols made the motion to approve all other minutes as presented. Commissioner Fedora seconded the motion, which passed (5-0). FOR: Nichols, Fedora, Reynolds, White and Hooton. AGAINST: None ABSENT: Chairman Shafer & Davis P&Z Minutes Regular Agenda 10-28-04 Page 1 of 8 2.2 Consideration, discussion and possible action on a Preliminary Plat for Shenandoah 18-A, 18-B & 19, consisting of 25 acres generally located at Highway 6 South, Southern Plantation and Decatur Drive. (04-176). 2.3 Consideration, discussion and possible action on a Preliminary Plat for Spring Creek Townhomes consisting of existing Phase 1 and future Phase 2, 3 and 4 on 19 acres generally located at Arrington Road and Spring Hill Drive. (04-215). Commissioner Nichols made the motion to approve the both Preliminary Plats on the consent agenda. Commissioner Fedora seconded the motion, which passed (5-0). FOR: Nichols, Fedora, Reynolds, White and Hooton. AGAINST: None ABSENT: Chairman Shafer & Davis Regular Agenda 1. Consideration, discussion and possible action on request(s) for absence from meetings. Bill Davis Scott Shafer Commissioner Fedora made the motion to approve the absences. Commissioner Reynolds seconded the motion, which passed (5-0). FOR: Fedora, Reynolds, Nichols, White and Hooton AGAINST: None ABSENT: Chairman Shafer & Davis. 2. Consideration, discussion, and possible action on items removed from the Consent Agenda by Commission action. Commissioner Nichols made minor corrections to the August 23, 2004 meeting minutes. Commissioner Nichols made the motion to approve the minutes as corrected. Commissioner Hooton seconded the motion, which passed (5-0). FOR: Nichols, Hooton, Fedora, Reynolds, and White AGAINST: None ABSENT: Chairman Shafer & Davis. 3. Public hearing, consideration, discussion, and possible action on a variance request and Final Plat of the Barron Hill Subdivision, consisting of 2 lots on 5.1 acres, located at the northwest corner of Alexandria Avenue and Barron Road. (04-225) Staff Planner Prochazka presented the staff report and told the Commission that the applicant is proposing to subdivide the property into two lots. Lot 1, being 2.664 acres, will continue to be used as a single-family residence. The City of College Station has Lot 2, being 2.199 acres, under contract for the relocation of the Fire Station No. 3, which is P&Z Minutes Regular Agenda 10-28-04 Page 2 of 8 currently located on the Highway 6 Frontage Road. 0.246 acres is proposed as dedication for Barron Road right-of-way. The property owner has requested a variance to Section 10 of the Subdivision Regulations, Requirements for Parkland Dedication. A letter from the property owner requesting two variances is on file at the Planning and Development Service Office. The second variance request stated in the letter is a waiver to the livestock permitting process; the Planning & Zoning Commission has no discretion over this matter. Ms. Prochazka ended her staff report by saying that if the Commission denies the variance they can still approve the final plat. Commissioner White opened the public hearing. With no one stepping forward, Commission White closed the public hearing. Commissioner Reynolds made the motion to approve the variance and the Final Plat. Commissioner Hooton seconded the motion, which passed (5-0). FOR: Reynolds, Hooton, Fedora, White & Nichols AGAINST: None ABSENT: Chairman Shafer and Davis 4. Public hearing, consideration, discussion, and possible action on variance request in regards to Section 12-K.2 Block Length of the Subdivision regulations and a Revised Preliminary Plat for Williams Creek Subdivision consisting of 112 lots on 214 acres generally located at Rock Prairie Road. (04-230) Graduate Civil Engineer Spencer Thompson presented the staff report and stated that the applicant is requesting the plat be approved as presented. The Williams Creek Preliminary Plat was previously approved with numerous variances at the Commissions June 17, 2004 meeting. All variances are withstanding except for block length. Previously, the block length variance was approved as what was shown on the plat. The street and block arrangement are now revised to where the previous variance approval no longer applies. It appears to Staff that the entryway, Lanthan Drive, can be connected to Johnson Creek Loop through the area of Lots 31 & 32 of Phase 3 and Lots 42 & 43 of Phase 4 to thereby lessen the length of Block 1. Commissioner White opened the Public Hearing. Joe Schultz stepped forward representing the developers. Mr. Schultz stated that they have a better plan than what was presented previously and approved by the Commission. Commissioner White closed the Public Hearing. Commissioner Reynolds stated that the grade issue was the big issue before and it looks like they have done their best to accommodate that. Commissioner Nichols stated that he is not convinced that adding Lanham Drive is going to gain anything. P&Z Minutes Regular Agenda 10-28-04 Page 3 of 8 Mr. Thompson replied that it is one solution to mitigate the block length issue. Commissioner Nichols made the motion to approve the variance to Section 12-K.2 Block Length of the Subdivision Regulations and the approval of the Revised Preliminary Plat for Williams Creek Subdivision. Commissioner Reynolds seconded the motion, which passed (5-0). FOR: Nichols, Reynolds, Fedora, White and Hooton AGAINST: None ABSENT: Chairman Shafer and Davis Commissioner Hooton had to leave the meeting. 5. Public hearing, consideration, discussion, and possible action on variance requests and a Preliminary Plat for Dove Crossing, consisting of 97.942 acres, generally located along the south side of Graham Road, across from the intersection of Graham Road and Schaffer Road. (04-213). Staff Planner Prochazka presented the staff report and stated that staff recommends approval of the Preliminary Plat with the condition that the Staff Review Comments are addressed. If the variance requests are not approved, the Preliminary Plat must be denied as well. The development is for R-1 single-family development just less than 100 acres. The development will include the construction of two minor collectors. A pedestrian access way to the school property to the west is proposed. The applicant has proposed detention for this development on the adjacent property to the south, which is not yet platted. The property will have to be platted prior to the development of the detention facility. The applicant has requested variances to four of the blocks in the subdivision. The letter of variance requests is on file in the Planning and Development Services Department. The variance requests are to Section 8-J.2 of the Subdivision Regulations. Of the four variances requested, staff is not recommending approval of the variance request to Block 6. Commissioner White opened the public hearing. Tony Jones, the applicant, stepped before the Commission. Mr. Jones spoke in favor of the request and discussed at length with the Commissioners the over all project. One of the principle concerns was having Dove Chase Lane connect into the property to the west. Ms. Prochazka told the Commissioners that no one street being punched through to the west would solve the need for a block length variance. The variance would still need to be asked for at the final plat stage. P&Z Minutes Regular Agenda 10-28-04 Page 4 of 8 Commissioner Nichols made the motion to approve the variances to Blocks 1, 2 & 4 and deny the variance to Block 6. The motion failed with a lack of a second. Commissioner Nichols explained his motion. Commissioner Reynolds seconded the motion, which passed (4-0). FOR: Nichols, Reynolds, White and Fedora AGAINST: None ABSENT: Chairman Shafer, Davis and Hooton Commissioner Reynolds made the motion to approve the Preliminary Plat subject to Staff Review Comments. Commissioner Nichols seconded the motion, which passed (4-0). FOR: Reynolds, Nichols, White and Fedora AGAINST: None ABSENT: Chairman Shafer, Davis and Hooton 6. Public hearing, discussion, and possible action on a Replat for the Villages of Indian Lakes Phase I Lots 7-9 Block 8 consisting of 3 lots on 5 acres generally located at 3697 Calusa Springs Drive. (04-229). Planning and Development Services Director Dunn and Senior Assistant City Engineer Gibbs presented the staff report. Mr. Dunn stated that the applicant is proposing to replat three existing lots into two lots. Both proposed lots have access to streets and utilities. Construction plans and a fire flow analysis have not been submitted for review at this time. The applicant contends that this replat is not subject to fire flow requirements, which were adopted as an amendment to the Subdivision Regulations in August 2004, due to the Vesting Statute, outlined in Chapter 245 of the Texas Local Government Code. However, city staff has made determination that replats are considered new projects, and are therefore not vested under Chapter 245. Under the UDO, the applicant has the ability to appeal staff's determination, which may be placed as a separate item on a subsequent Planning & Zoning Commission Agenda. Mr. Dunn pointed out some exemptions in the Vesting Statute that would be applicable in this case: • Regulations to prevent imminent destruction of property or injury to persons if the regulations do not affect the lot size, dimensions, lot coverage, building size, residential/commercial density or the timing of the project or changed development permitted by restricted covenant required by the municipality. • Regulations for utility connections. • Construction of standards for Public Works located on public lands or easements. Mr. Dunn ended his report by saying that staff is recommending approval, with the condition that a public waterline is constructed in accordance with city standards, including city-approved construction plans and fire flow analysis. Commissioner White opened the public hearing. P&Z Minutes Regular Agenda 10-28-04 Page 5 of 8 Paul Clarke, the Developer, stepped before the Commission. Mr. Clarke stated that staff's interpretation that replats are new projects is untrue. This topic received considerable discussion. Chuck Ellison, 2902 Camille Drive, stepped before the Commission. Mr. Ellison stated that the replat is before the Commission properly for their consideration. One of the principal concerns discussed was that the replat is an existing project. Ellison stated that the exemptions that Mr. Dunn gave are not applicable. Commissioner White closed the public hearing. Commissioner Nichols stated that if they accept staff's recommendation, would the developer have to build the line just to serve the two lots. Mr. Gibbs responded that it would serve all the lots on the cul-de-sac. There were continued discussions on whether this replat is considered an existing project or a new project. Discussion ensued concerning having the issue each time someone wanted to replat. Commissioner White stated he believed this project is currently in its development stage. Commissioner Reynolds made the motion to approve the Final Replat as submitted without additional fire flow requirements. Commissioner Fedora seconded the motion. Discussion ensued among the Commissioner's concerning the fire flow issue. Commissioner White called the question. The vote was (4-0). FOR: Reynolds, Fedora, Nichols and White AGAINST: None ABSENT: Chairman Shafer, Davis and Hooton 7. Public hearing, discussion, and possible action on a Replat for the Eastmark Subdivision Phase 2, Block A, Lot 2, consisting of 2 lots on 1.74 acres located at the intersection of Southwest Parkway and Central Park Lane. (04-204) Graduate Civil Engineer Thompson presented the staff report and stated that the applicant is proposing to subdivide the existing 1.74-acre lot into two lots. A public sanitary sewer main will be extended with the Replat. The Replat is in compliance with the City's Subdivision Regulations and the Unified Development Ordinance. Mr. Thompson ended by saying that staff recommends approval of the Replat as submitted. Commissioner White opened the public hearing. Wes Hall, representative for the seller, stepped before the Commission. Mr. Hall spoke in favor of the request for Replat. Commissioner White closed the public hearing. P&Z Minutes Regular Agenda 10-28-04 Page 6 of 8 Commissioner Nichols made the motion to approve the request for Replat as submitted. Commissioner Fedora seconded the motion, which passed (4-0). FOR: Nichols, Fedora, White and Reynolds AGAINST: None ABSENT: Chairman Shafer, Davis and Hooton 8. Public hearing, discussion, and possible action on a Final Replat for Lot 1, Block 11 of the Springbrook Subdivision consisting of 2 lots on 5.571 acres generally located at State Highway 6 South and Eagle Avenue. (04-221). Graduate Civil Engineer Spencer Thompson stepped before the Commission and presented the staff report. Mr. Thompson stated that a portion of the subject tract is currently the headquarters of Sytlecraft Homes. A survey of the property shows no structure is currently constructed on the proposed Lot 1-R. Both lots are zoned C-1 and have access to water and sewer. The plat meets all Subdivision Regulations and Staff recommends approval the Replat as submitted. Commissioner White opened the public hearing. No one spoke. Commissioner White closed the public hearing. Commissioner Fedora made the motion to approve the Replat as submitted. Commissioner Reynolds seconded the motion, which passed (4-0). FOR: Fedora, Reynolds, Nichols and White AGAINST: None ABSENT: Chairman Shafer, Davis and Hooton 9. Public hearing, discussion and possible action on a rezoning for 104 University Drive East "former Sonic Building" from C-2 Commercial Industrial to C-1 General Commercial, consisting of portions of lots 2 and 17 of the Visoski Subdivision on 0.41 acres, generally located at University Drive and Texas Avenue. (04-223) Staff Planner Prochazka presented the staff report and stated that the applicant is requesting rezoning for possible redevelopment of the former Sonic restaurant site. A small portion of the subject property is currently zoned C-2 Commercial Industrial. The Sonic business was developed on portions of lots 2, 3, 4 15, 16 & 17. This rezoning would bring the entire site into C-1, General Commercial zone. Ms. Prochazka ended her staff report by saying staff is recommending approval of the request. Commissioner White opened the public hearing. Casey Oldham, 303 Chimney Hill, stepped before the Commission. He spoke in favor of the request. Commissioner White closed the public hearing. P&Z Minutes Regular Agenda 10-28-04 Page 7 of 8 Commissioner Nichols motioned to approve the request to rezone as presented. Commissioner Fedora seconded the motion, which passed (4-0). FOR: Nichols, Fedora, White & Reynolds AGAINST: None ABSENT: Chairman Shafer, Davis & Hooton 10. Discussion and possible action on future agenda items - A Planning and Zoning Member may inquire about a subject for which notice has not been given. A statement of specific factual information or the recitation of existing policy may be given. Any deliberation shall be limited to a proposal to place the subject on an agenda for a subsequent meeting. No item discussed. 11. Adjourn. Commissioner Fedora made the motion to adjourn. Commissioner Nichols seconded the motion, which passed (4-0). FOR: Fedora, Nichols, White & Reynolds AGAINST: None ABSENT: Chairman Shafer, Davis and Hooton. Approved Scott Shafer, Chairman Planning and Zoning Commission Attest: r Deborah Grace, Staff-Assistant Development Services P&Z Minutes Regular Agenda 10-28-04 Page 8 of 8 PLANNING & ZONING COMMISSION GUEST REGIR R MMYNG DATt'~ NC)C) NAME AD 1. tZJ i 2. A4:Za 4. 5.. V4~' dA4 c A&,Lz 6. 9. 10. ►.11 ~,\JG 1 JOWAdU ear 12. A I t' 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. i "George Davis" <Davis. GK aa)worldnet.att.net> 11/5/2004 8:52:11 AM > > > Deborah Sorry I have not kept you informed of our situation here in Florida - Things got a little hectic and I just now retrieved my phone numbers and e-mail addresses. My Father, George K Davis, died Oct 27th. I was not able to be back for the November 4th Planning and Zoning meeting. Please consider this an official request for absence from that meeting. I am scheduled to return to College Station on November 9th. Bill Davis Commissioner