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HomeMy WebLinkAbout09/02/2004 - Minutes - Planning & Zoning Commission MINUTES Regular Meeting Planning and Zoning Commission Thursday, September 2, 2004, at 7:00 p.m. College Station - Council Chambers, College Station City Hall Embracing the Past, Exploring the Future 1101 Texas Avenue Colleqe Station, Texas COMMISSIONERS PRESENT: Shafer, Fedora, Nichols, and Davis. COMMISSIONERS ABSENT: White, Hooton, and Reynolds. COUNCIL MEMBERS PRESENT: Maloney and Lancaster. CITY STAFF PRESENT: Development Services Director Dunn, City Planner Kee, Development Manager Ruiz, Assistant Development Manager George, Senior Planner Fletcher, Staff Planners Prochazka, Boyer, and Hitchcock, Assistant City Engineer Gibbs, Graduate Civil Engineers Thompson and Cotter, Transportation Planner Fogle, City Attorney Cargill and Assistant City Attorney Nemcik, Assistant City Manager Brown, Action Center Representative Wolf, and Staff Assistant Hazlett. 1. Hear Citizens. No one spoke. 2. Consent Aaenda. Commissioner Nichols requested that Item 2.3 be moved to the regular agenda for discussion. Commissioner Davis motioned to approve all other consent agenda items, Item No. 2.1, 2.2, and 2.4. The motion was seconded by Commissioner Fedora. The motion carried 4-0. FOR: Shafer, Davis, Nichols, and Fedora. AGAINST: None. ABSENT: White, Hooton, and Reynolds 2.1 Approved by consent a Preliminary Plat for the Putz-Meyer Place Subdivision, consisting of 2 lots on 14.7 acres, generally located along the southern side of University Drive, across from the intersection of University Drive and Tarrow Street East. (04-122) 2.2 Approved by consent a Preliminary Plat for the Cotten Subdivision consisting of 8 lots on 26 acres generally located at 2400 Harvey Mitchell Parkway South. (04-185) 2.3 Moved to the regular agenda the Preliminary Plat for Horse Haven Estates Phase II, consisting of 58 lots on 16.44 acres, generally located on the east side of Earl Rudder Freeway, south of State Highway 30. (04-193) 2.4 Approved by consent a Final Plat for the The Gardens consisting of 2 lots on 7 acres generally located on Wellborn Road near McCullough Road, south of Barron Road Cut-off in the City's ETJ. (04-104) P&Z Minutes/shazlett September 2, 2004 Page i of 6 Regular Agenda. 3. Consideration, discussion and possible action on request(s) for absence from meetings. Commissioner Nichols motioned to approve the absences of Commissioner White, Hooton, and Reynolds. Commissioner Davis seconded the motion, which carried 4-0. FOR: Shafer, Davis, Nichols, and Fedora. AGAINST: None. ABSENT: White, Hooton, and Reynolds 4. Consideration, discussion, and possible action on items removed from the Consent Agenda by Commission action. 2.3 Consideration, discussion, and possible action on a Preliminary Plat for Horse Haven Estates Phase II, consisting of 58 lots on 16.44 acres, generally located on the east side of Earl Rudder Freeway, south of State Highway 30. (04-193) Graduate Civil Engineer Thompson pointed out the bike plan utilizing the easement, pointing out that the Subdivision Regulations speaks about an access-way being 10 feet of platted right-of-way. According to the Preliminary Plat, the Developer would need to shift lot lines to accomplish that. Mr. Thompson would like to speak to the developer to see if he is amicable to doing that. Commissioner Nichols expressed interests in the connectivity issues for the area, stating that it would seem logical for all the residents in that area to be able to hike and bike through a pedestrian access- way to the future hike and bikeway along the Gulf State Utilities property. He assumed the developer might see this as an amenity to provide access to Lick Creek Park. Consideration of the conditions and options of the preliminary plat regarding access-way were discussed. Commissioner Nichols motioned to approve the preliminary plat with the recommendation for staff to work with the developer to provide an access- way that meets the City's standards for a hike and bike path between the end of one of the cul-de-sacs and the back property line, ultimately to connect with the Gulf States Utilities Right-of-Way. Commissioner Davis seconded the motion. The motion carried 4-0. FOR: Shafer, Davis, Fedora, and Nichols. AGAINST: None. ABSENT: White, Hooton, and Reynolds. 5. Consideration, discussion, and possible action on a Master Plan for Dove Crossing, consisting of 97.94 acres, generally located along the south side of Graham Road, across from the intersection of Graham Road and Schaffer Road. (04-189) Staff Planner Prochazka presented the Staff Report, recommending approval of the Master Plan as submitted. She pointed out the Land Use Plan designation and the current zoning for the subject property. The applicant has proposed both pedestrian and vehicular access to the site. Ms. Prochazka added that the Parks Board has recommended a fee in lieu of land dedication. Parkland was briefly discussed as was sidewalks. P&Z Minutes/shazlett September 2, 2004 Page 2 of 6 Commissioner Nichols motioned to approve the Master Plan. Commissioner Fedora seconded the motion. Further questions were entertained regarding the development of the new school and joint use of the park. Commissioner Nichols pointed out that Eagle needs to be built and Alexandria needs the connectivity completed. Chairman Shafer called the question, which carried by a unanimous vote of 4-0. FOR: Shafer, Davis, Nichols, and Fedora. AGAINST: None. ABSENT: White, Hooton, and Reynolds 6. Public hearing, discussion, and possible action on a Variance Request to Section 18 of the Subdivision Regulations and a Replat for Richards Subdivision Lot 11 consisting of 2 lots on 0.25 acres generally located at 201 Richards Street. (04-177) Graduate Civil Engineer Thompson presented the Staff Report, recommending approval of the request for the variance and the replat. The ordinance requires that when a replat is submitted for a lot where the original subdivision was created before July 15, 1970 and the replat creates a new lot, that all lots shown on the lot must meet the following two criteria: • All lots must meet or exceed the average width of the lots in the block, and • All lots on the plat must contain a minimum of 8,500 square feet. Mr. Thompson reported that numerous properties in the area have been resubdivided over the years. In addition, the variance request is for both provisions contained in the ordinance, lot width and lot area. The Land Use Plan shows the Richards Subdivision as single-family residential, high density. The lots meet the requirements of the R-1 zoning district. Chairman Shafer opened the public hearing. Since no one spoke, Chairman Shafer closed the public hearing. Commissioner Nichols motioned to approve the variance request based on the findings of Section 5 of the Subdivision Regularions, 5-A.1, 5-A.2, 5-A.3, and 5.A-4. Commissioner Davis seconded the motion. A brief dicussion followed regarding other lots following suit and the traffic flow of the neighborhood. Mr. Thompson explained that the density for the R-1 zoning district is less than that of an R-4 zoning district and therefore, is not an issue. Commissioner Nichols asked if notices for the variance request and replat were given. Mr. Thompson confirmed that they were and that a public hearing sign was posted on the property and a legal ad posted in the newspaper. Chairman Shafer felt that this replat was a natural for the area in it's stage of redevelopment over time with a mix of elderly and students. Chairman Shafer called the question. The motion to approve the variance request carried 4-0. Commissioner Davis motioend to approve the replat, which was seconded by Commissioner Fedora. The motion carried 4-0. 7. Public hearing, discussion, and possible action on an ordinance to rezone 67.69 acres south of Royal Adelaide Dr. and west of future Pebble Creek Parkway and 76.8 acres south of Royal Adelade Dr. and east of future P&Z Minutes/shazlett September 2, 2004 Page 3 of 6 Pebble Creek Parkway from A-O Agricultural Open to R-1 Single Family Residential. (04-183) Staff Planner Hitchcock presented the Staff Report. Staff recommends approval of the rezoning with the condition that any FEMA-designated floodplain remains A-O. The request is to continue the single-family residential development of Pebble Creek. The subject tract is surrounded by undeveloped lands and Lick Creek Park. The request is in compliance with the Land Use Plan with the exception of some land at the perimeter, which is identified as Flood pla in/Strea ms. Discussion regarding the A-O requirements and the city's request in keeping the greenways classified as such. Ms. Hitchcock added that the parkland dedication requirement has been met and that that applicant has expressed an interest in developing a private park area. Chairman Shafer opened the public hearing. Jessica Jimmerson, representing Mr. Davis Young, Pebble Creek Development, spoke in favor of the rezoning. She stated that there is a need in the area for a park and that Mr. Davis wants to provide that amenity. In addition, she stated that Mr. Davis was not aware of the A-O recommendation for the floodplain area and requested that it be zoned R-1, Single Family instead, which would give him more flexibility in his layout design. Further discussion about the greenways and the A-O designation ensued, followed by a brief discussion regarding hike and bike trails. Transportation Planner Fogle stated that one is planned to go through Alum Creek but nothing more is planned at this time. Anna Elliot, Crestwick Court, expressed concerns regarding flooding. Chairman Shafer explained that this concern and others would be addressed at the time of platting. Chairman Shafer closed the public hearing. Commissioner Davis motioned to approve the rezoning as recommended by staff, leaving the floodplain designation as A-O. Commissioner Nichols seconded the motion. The motion carried 4-0. FOR: Shafer, Davis, Nichols, and Fedora. AGAINST: None. ABSENT: White, Hooton, and Reynolds 8. Public hearing, discussion, and possible action on the annual review of the City's UDO (Unified Development Ordinance) and Comprehensive Plan. The Commission will consider amendments to Articles 1 - 11 of the UDO including but not limited to development regulations, parking requirements, specific use standards, and platting procedures. (04-187) City Planner Kee's presented the Staff Report regarding the Annual Review of the Comprehensive Plan. In her opening reports, Ms. Kee explained that when the UDO was adopted in 2003, the City committed to making the development ordinance a living document. To honor that commitment, a stipulation was added that provides for the annual review of the City's Comprehensive Plan and UDO. She pointed out the major categories of land use, examining what is planned versus zoned, whether there is compliance with the Comprehensive Plan and what is zoned and vacant, and thus available for development. She stated that the analysis would serve as a starting point for a future discussion of possible City initiated rezonings. P&Z Minutes/shazlett September 2, 2004 Page 4 of 6 Development Manager Ruiz presented the Staff report regarding the Annual Review of the UDO (Unified Development Ordinance), honoring the commitment made to keeping the UDO a living document. Ms. Ruiz stated that many of the proposed amendments are clerical in nature and that over the last year, Staff has identified several editing discrepancies and minor clarifications or corrections. She added that Staff has solicited input from the community for several months and pointed out that once a revised draft of the UDO was prepared, it was posted on the City's website for public input, where staff received several comments. In addition, Staff hosted a UDO Community Work Session on July 27, 2004 to review the proposed changes and solicit further input. Ms. Ruiz briefly summarized the amendments approved throughout the past year as well as those being considered for future amendments. Following her report, a discussion regarding SOB's (Sexually Oriented Businesses) ensued. Ms. Ruiz pointed out the current regulations and how and where the alternative sites were determined in order to comply with federal case law. Also, the buffering requirements were explained. City Attorney Cargill explained that the requirement is protected by the 1s' Amendment of the Constitution and is very restrictive. He stated that the recommendation is constitutionally survivable. Ms. Ruiz interjected that it is a painstaking process that will be reviewed on a regular basis as the city continues to develop and annex areas. Chairman Shafer opened the public hearing. Jessica Jimmerson, Westwood Main, commended the staff on the update. She suggested having an open discussion at a future community development meeting. She stated that having these areas pointed out adds to additional concerns of property adjacent to these sites. City Attorney Cargill stated that this could be handled by deed restrictions. Chairman Shafer closed the public hearing. Commissioner Nichols motioned to recommend to the City Council their approval of the proposed amendments to UDO, including the development regulations and platting procedures. Commissioner Fedora seconded the motion. The motion carried 4-0. FOR: Shafer, Davis, Nichols, and Fedora. AGAINST: None. ABSENT: White, Hooton, and Reynolds 9. 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 items were mentioned. 10. Adjourn. Commissioner Davis motioned to adjourn the meeting. Commissioner Fedora seconded the motion, which carried by a vote of 4-0. FOR: Shafer, Davis, Nichols, and Fedora. P&Z Minutes/shazlett September 2, 2004 Page 5 of 6 AGAINST: None. ABSENT: White, Hooton, and Reynolds Approved: Scott Shafer, Chairman Planning and Zoning Commission Attest: Susan Hazlett, Sta ssistant "Development Services P&Z Minutes/shazlett September 2, 2004 Page 6 of 6 PLANNING & ZONING COMMISSION GUEST REGISTER ,MEETING DATE "ok ,Zv NAME AD 2. 06 cj~. U , 4. -~'►s ~ ou '~22 eroQ~ moov z-,-v Ios 7 qPP\ tit V' I' 1 Y~ f vt J Wm~ 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 28. e 24. 25. FILE COPY Windwood Neighborhood Association 9I/0 7 College Station, Texas August 29, 2004 Commissioner Scott Shafer Planning and Zoning Commission City of College Station, Texas Dear Commissioner: On behalf of the Windwood Neighborhood Association (RNA) we request that the unconstructed Appomattox extension, which would connect the Windwood subdivision to Horse Haven Drive, be removed as a planned thoroughfare in the City's plan. The Planning and Zoning Commission considered this issue on August 5, 2004 and narrowly rejected it in favor of a P&Z recommendation "that all impacted parties and city staff meet to arrive at a desired conclusion to the issues." A subsequent City Council meeting (August 9) concurred with that recommendation. This same Appomattox-removal request was submitted formally by a developer (Lone Star Golf) this summer. Although the developer later removed that request, City staff brought it forward for Commission consideration because resolution was needed in light of two proposed developments in the open space between Windwood and Academy. Please recall that "A spoke in favor of the request (to remove) and that we also supported the proposed Horse Haven and Lone Star residential rezonings. Ken Fogel spoke against removal at the Commission hearing and continues to advocate this recommendation. Subsequently, City staff requested and received from "A the list of options pertaining to entry/exit options for Windwood that were evaluated and voted upon at a WNA meeting in May 2004. Seven of the options came from the city's East Bypass plan and three options were added by WNA in an attempt to be inclusive of all possibilities known at the time. As directed by P&Z and Council, a meeting of impacted parties took place on August 25. Two aspects of this meeting clearly indicate to us that the spirit of the P&Z recommendation had been lost before the meeting commenced. First, in preparing materials for the 8/25 meeting, staff prepared maps of several of the options considered and gave cost estimates for implementation. However, staff removed three proposed alternatives for improving our entry/exit opportunities, providing no maps or cost estimates. One of these was an alternative that had been accepted and published in the August 2000 East ByPass Thoroughfare Plan (p. 18) and was the only alternative preferred over the status quo in a May vote by Windwood residents. It was a solution that provided a second egress to both Windwood and the new subdivisions. The community's preferred solution was clearly stated at P&Z and City Counsel meetings. It is inappropriate to peremptorily dismiss this solution in advance of a meeting that is supposed to forge an agreement. -2- August 29, 2004 Second, City staff have advised the Lone Star developer that his platting efforts can proceed without further approval from P&Z or City Council by offsetting the extended Appomattox "thoroughfare" toward the bypass in a manner that is compatible with the developer's plans. This shift, says staff, would still satisfy the Thoroughfare Plan. However, staff approval of this road shift effectively precludes the community decision- making process that P&Z initiated with its August 5 decision. Furthermore, installation of this road forecloses some of the options we would like to have openly entertained. That is, staff activities on this matter are greatly shaping the outcome without allowing due consideration to the reasoned and organized input by the nearly 150 homeowners who are already in the area. A primary concern of residents of Windwood is cut-through traffic to commercial areas, not simply a matter of connectivity of new neighborhoods to Windwood. Staff-proposed connections include access to an existing large commercial enterprise (Academy) and church in addition to an even larger commercial enterprise proposed in the future. In this case cut-through traffic to commercial areas endangers the neighborhood integrity to a degree that outweighs connectivity to new communities. Therefore, as a means to ensure that the city thoroughly considers all options, we feel it is imperative that P&Z commissioners consider our request to remove the unconstructed Appomattox extension from the Thoroughfare Plan. WNA is receptive to continuing dialogue to resolve this important issue. Thank you for your consideration. Sincerely, Windwood Access and Egress Committee Ron Griffin, Diane Hurtado, Sherry Ellison, Joe Byrne, Wilford Gardner cc: Planning and Zoning Commissioners Davis, Fedora, Hooton, Nichols, Reynolds and White City Planner Jane Kee, Transportation Planner Ken Fogle Mayor Silvia, Council members Berry, Happ, Lancaster, Maloney, Massey, Wareing, Developers Baetge, Ofczarzak Registration Form (For persons who wish to address the Commission) Date of Meeting - 2 Agenda Item No. Name 0 n 1:~ r f i' 'address ~o woa~ If speaking for an organization, Name of~rganiz tion:n ~~1 ,✓ad /V kj m~~vo~SSO~ 4 Speaker's official-c pa ity: } Subjec on which pe son wishes to s ak: ~ f C ~ic v~ h ~ - Please remember to step to the podium as soon as you are recognized by the chair, hand your completed registration form to the presiding officer and state your name and residence before beginning your presentation. If you have written notes you wish to present to the Commission, `LEASE FURNISH AN EXTRA COPY FOR PLANNING _.ILES. Registration Form (For persons who wish to address the Commission) Date of Meeting 4 Agenda Item No. "Tame Jdress ~Z/J ~7 Cl( Q~ _ If speaking for an organization, Name of organization: 4 4. Speaker's official capacity: 14 11 a Subject on which person wishes to speak: C"b/lrPrh i Please remember to step to the podium as soon as you are recognized by the chair, hand your completed registration form to the presiding officer and state your name and residence before beginning your presentation. If you have written notes you wish to present to the Commission, EASE FURNISH AN EXTRA COPY FOR PLANNING r1LES..