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
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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
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