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HomeMy WebLinkAbout10/23/1972 - Regular Minutes City CouncilMINUTES CITY COUNCIL MEETING October 23, 1972 7-00 P.M. ME MBE RS PR/~E NT: ME MBE RS A BSE NT. VISITORS PRESENT- Mayor J. B. Hervey; Councilmen Fred Brison, Homer Adams, Don Dale, J. D. Lindsay, R. D. Radeleff and C. A. Bonnen; City Manager Ran Boswell; City Attorney James Dozier; City Planner George Eby and Administrative Secretary Nancy Reeves None See Guest Register The meeting was called to order at 7:00 P.M. by Mayor Hervey and on motion by Councilman Radeleff, seconded by Councilman Brison, the minutes of the September 25, 1972 meeting were unanimously approved. Mayor Hervey opened the public hearing on the question of rezoning a 1.715 acre tract of land located in the Richard Carter League, College Station, Brazos County, Texas, from District No. 1, First Dwelling House District, to District No. 4-A, Neigh- borhood Business District. City Planner George Eby briefed the Council and the public on the location of the property in question. Mr. Robert Cornish, Chairman of Open Space, Parks and Recreation Committee of the Environmental Action Council, stated that he had not heard why this rezoning was necessary. Councilman Radeleff stated when the Council deliberates this type of zoning cases during regular council meetings, it should be emphasized that the Council has had other information on these cases. The public hearing was then closed and on motion by Councilman Adams, seconded by Council- man Bonnen, Ordinance No. 846, an ordinance rezoningthe above described property, was unanimously passed and approved. A public hearing was opened by Mayor Hervey on the question of rezoning a 15.649 acre tract of land located in the J. E. Scott Survey, Brazos County, Texas, from District No. 1, First Dwelling House District, to District No. 3, Apartment House District. City Planner George Eby briefed the Council and the public on the location of the property in question stating that it was located approximately one hundred (100) feet from a tract of land which is industrially zoned. Mrs. Shirley Plapp inquired if there was to be a buffer required between the apartment zoned property and the industrially zoned property. Mr. Eby stated that there was a one hundred (100) foot right-of-way between the two tracts of land which would serve as a semi-buffer. The public hearing was then closed and on motion by Councilman Radeleff, seconded by Councilman Brison, Ordinance No. 847, an ordinance rezoning the above described property, was unanimously passed and approved. On motion by Councilman Brison, seconded by Councilman Bonnen, Ordinance No. 848, an ordinance providing for a public hearing on the question of rezoning a 0. 155 acre tract of land located in the Richard Carter League from District No. 1, First Dwel- ling house District, to District No. 4-A, Neighborhood Business District, was unanimously passed and approved. fi~ Minutes October 23, 1972 7:00 P.M. Page 2 Mayor Hervey opened the public hearing on the 1972-73 street assessment program and City Manager Ran Boswell informed the Council that this program would improve portions of Burr Street, Ash Street, Southwest Parkway and Holleman Drive. On motion by Councilman Dale, seconded by Councilman Lindsay No. 849, an ordinance closing the hearing and levying assessments for a part of the cost of improving portions of Burr Street, Ash Street, Southwest Parkway and Holleman Drive, was unanimously passed and approved. Mayor Hervey then opened the public hearing on the revised zoning ordinance for the City of College Station and recognized the members of the Planning and Zoning Commission who were present. They were: George Boyett, John Longley, Ed Miller, Tom Chaney, James Wallace and Bill Cooley. Chairman M. R. Calliham was unable to attend the meeting. Mayor Hervey stated that the Council had received five letters relative to the zoning ordinance from the following individuals: Michael D. Murphy, 305 Pershing, College Station; Robert F. Whitq 314 Spruce Street, College Station; Dr. and Mrs. C. C. Mathewson, 1307 Glade Street, College Station; and the Environ- mental Action Council of Brazos County, Post Office Box 785, College Station, Texas. (Copies of these letters are attached as a part of these minutes). Councilman Radeleff stated that he would like to correct a statement made in the letter from the Environmental Action Council, that being, "As the proposed zoning revi- sions have not, in fact, been based on an adopted comprehensive plan, we strongly urge the Council to table all further action on zoning revisions until the new comprehensive plan is adopted." Councilman Radeleff stated that the City does have a comprehensive plan, the Brazos Area Plan, by Caudill, Rowlett, and Soctt, which has been in effect since 1961. Mr. John Culpepper, 2701 Burton, Bryan, commented on the Parking Space Ratios. Mr. Culpepper stated that single business parking ratio would be calculated different~rom a shopping center consisting of several businesses and he felt there should bi provision for this in the zoning ordinance. Councilman Radeleff requested Mr. Culpepper to furnish the figures and data obtained from a nationwide study on this situation. Mrs. Margaret Van ]]avel, Route 3, Box 550, Bryan, Chairwoman, Community Appearance Committee of the Environmental Action Council stated that the Committee strongly urged the City Council not to pass this zoning ordinance until the new compre- hensive plan is adopted. Mrs. Van Bavel also stated that the Brazos Area Plan had more or less been ignored by the City in its planning. Dr. C. C. Mathewson, 1307 Glade Street, College Station, stated that he felt more attention should be given to the section concerning flood plains. It was pointed out that the U. S. Corps of Engineers are conducting an extensive flood plain study and this information will be available to the City when the study is completed. Mr. Robert Cornish, Chairman, Open Space, Parks and Recreation Committee of the Environmental Action Council, requested that the letter addressed to the City Council from the Environmental Action Council of Brazos County be read. City Manager Ran Boswell read the letter which is as follows: Minutes, City Council Meeting October 23, 1972 Page 3 "The members of the Communtiy Appearance and Open Space Committees of the Brazos Environmental Action Council have conducted a study of the proposed revisions to the zoning ordinance and map and want to express our appreciation for the effort and dedication of the public officials involved. We completely support zoning as one of several means of assisting the orderly development of College Station. However, zoning as well as other ordinances such as subdivision, signs, building codes, etc., must be based on a single unified statement of community goals. Such statements are a part of a long-range comprehensive general plan and spell out what the community will become in subsequent ordinances and codes. . ! , We are concerned about the reversed sequence of the planning process -when zoning precedes the general plan. Such efforts can only frustrate the current 701 general planning program which will result, we understand, in a preliminary general plan proposal being presented to the city by the end of April next year. As the proposed zoning revisions have not, in fact, been based on an adopted comprehensive plan, we strongly urge the council to table all further action on zoning revisions until the new comprehensive plan is adopted. This should not be construed to be a moratorium on development, as the present zoning ordinance can function for five more months. The College Station residents of the Environ- mental Action Council would be pleased to work with the City on the preparation of the new College Station long-range general plan in order that it reflects the wishes of the citizens. After successful adoption of the new plan we will be ready to assist the City in any necessary revisions to the zoning ordinance and maps to assure the success of the plan." Following the reading of the letter, Councilman Adams inquired as to the state- ment, "This should not be construed to be a moratorium on development, as the present zoning ordinance can function for five more months." Councilman Adams wanted to know where the "five more months" came from. Mr. Cornish replied that he had been informed that the new comprehensive plan would be presented to the City in April, 1973. City Planner George Eby pointed out that it had been thought the first phase of the plan would be available at that time but it is doubtful whether it will be completed by that date. Mr. Cornish stated that since it would be longer, the zoning ordinance and zoning map should be properly commented on verbally. He stated that the zoning map is what the Environmental Action Council is concerned about because the map will do a great deal of revising how land is used in College Station and if it is mt followed, the plan is a matter of some concern and he felt that the City Council has the responsibility to make sure that the zoning ordinance and map that it adopts, carries out the principals and goals in the plan. Councilman Radeleff stated that the zoning map is based on how the land is already zoned and does a~ rezone any property, but merely changes the codes. Mr. Cornish stated that since only the nomenclature is being altered, there is no objection to this. Mr. Robert F. White, 314 Spruce Street, College Station, commented on Section 8-D. 6. which concerns signs. Mr. White stated that the ordinance read that a sign had to be fifty (50) feet from a public street but he felt it should be explained whether this meant fifty (50) feet from the right-of-way or just exactly where. Mr. White also felt there should be some restrictions on how high up in the air a sign can be built. Mr. Michael D. Murphy, 305 Pershing, College Station, stated that he felt that commercial development should not be so dense along Highway 6 and at major inter- sections. Mr. Murphy also stated that he felt some thought should be given to landscaping the City's rights-of-way, and to the parking and traffic problems along Jersey Street. Councilman Radeleff stated that Mayor Hervey had donated Redbud trees to be placed along Minutes City Council Meeting October 23, 1972 7:00 P.M. Page 4 Highway 6 when the construction is completed. Councilman Radeleff also pointed out that the Council and Safety Committee were aware of the problems on Jersey Street and both are working to resolve these problems. Mr. Tom Chaney, 404 Fairview, College Station, member of the Planning and Zoning Commission, stated that he felt that flood plains should be dealt with under plats and landscaping would be governed by the Subdivision Ordinance and not by the zoning ordinance. Mr. Chancy strongly urged the adoption of this ordinance. Dr. C. C. Mathewson stated that a flood plain is a defined piece of land and there should be a unit within the zoning plan with no variance allowed. Mr. Jim Gardner, 1216 N. Ridgefield Circle, College Station, stated that he was also a member of the Environmental Action Council. Mr. Gardner said that he had understood that the comprehensive plan would be ready in five months. Mr. Gardner recommended that the zoning map be changed to reflect property along Highway 6 now zoned commercially be reverted back to single family and multi-family zones. Mayor Hervey pointed out again that this zoning map does not rezone any property, but merely changes the codes. He also pointed out that the City Council did not have the legal right to rezone property without a request from the property owners. Mayor Hervey then asked the members of the Planning and Zoning Commission if they recommended the adoption of this zoning ordinance. All strongly recommended the adoption of this revised zoning ordinance. Mr. Michael Murphy stated he felt if the Council was going to pass the ordinance, the words, "All in accordance with a comprehensive plan for the development of the City" should be deleted from the heading since this plan has not been completed. City Attorney James Dozier stated that the Subdivision Ordinance, Street Ordinance, Building Code, etc..., all make up a comprehensive plan. The public hearing was closed and on motion by Councilman Radeleff, seconded by Councilman Brison, Ordinance No. 850, an ordinance amending and superceding Ordinance No. 38, and all other ordinances in conflict with this ordinance, providing a revision and updating of the zoning regulations and the zoning map of the City of College Station, Texas, all in accordance with a comprehensive plan for the develop- ment of the City, and in accordance with the provisions of Articles 1011a-j, V.A.C.S.; to provide for a Board of Adjustment and defining its powers and duties; prescribing penalties for the violation of its provisions; and providing for its enforcement; con- raining a saving and severability clause and providing a procedure for amendment; and providing for an effective date, was unanimously passed and approved. Councilman Brison pointed out that this ordinance will be reviewed from time to time appropriate revisions will be made, keeping it up to date. Councilman Dale stated that he had talked with the planning consultant who had stated that this zoning ordinance would have no affect on the comprehensive plan which he is working on. Counciknan Radeleff commented that all concerned with this zoning ordinance had done a very good job. Mayor Hervey echoed Councilman Radeleff's comments. Minutes City Council Meeting October 23, 1972 7:00 P. M. Page 5 Mr. Robert White said that the Environmental Action Council had come with the attitude of appreciation of what the Planning and Zoning Commission and the City Council have done for the community. Councilman Brison expressed the Council's appreciation for the interest and participation of the citizens. On motion by Councilman Dale, seconded by Councilman Bonnen, the meeting was unanimously adjourned. APPROVED: ATTEST: ~ ,'.~.. ~; ~ . City Secretary /