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HomeMy WebLinkAbout04/04/2002 - Minutes - Planning & Zoning CommissionMINUTES Planning and Zoning Commission CITY OF COLLEGE STATION, TEXAS April 4, 2002 7:00 P.M. COMMISSIONERS PRESENT: Commissioners Floyd, Happ, Hawthorne, Kaiser, McMath, Trapani, and Williams. COMMISSIONERS ABSENT: None. COUNCIL MEMBERS PRESENT: Maloney. STAFF PRESENT: Staff Planners Jimmerson, Hitchcock, and Reeves, Planning Intern Flanery, Graduate Engineer Thompson, Assistant City Attorney Nemcik, Director of Development Services Templin, City Planner Kee, Senior Planners Kuenzel and Battle, Assistant Development Review Manager George, Action Center Representative Steptoe, and Staff Assistant Hazlett. AGENDA ITEM NO. 1: None. AGENDA ITEM NO. 2: None. AGENDA ITEM NO. 3: Hear visitors Public Comment for the Record Consent Agenda The following items were approved by common consent. 3.1 Approved the Minutes from the Workshop Meeting held on February 21, 2002. 3.2 Approved the Minutes from the Regular Meeting held on February 21, 2002. 3.3 Approved the Minutes from the Workshop Meeting held on March 11, 2002. 3.4 Approved the Minutes from the Regular Meeting held on March 11, 2002. P &ZMinutes Apnl4, 2002 Page I of 3.5 Approved the Final Plat for Ponderosa Place Section 2 located at Rock Prairie and Longmire, consisting of 3 lots on 4.62 acres. (02 -44) 3.6 Approved the Final Plat for Alexandria Subdivision Phase 5 consisting of 44 lots on 13.664 acres at 1300 Barron Road. (02 -47) REGULAR AGENDA AGENDA ITEM NO. 4: Consider request(s) for absence from meetings. Commissioner McMath motioned to approve the absence requests. Commissioner Trapani seconded the motion. The motion carried 7 -0. AGENDA ITEM NO. 5: Public hearing, discussion, and possible action on items removed from the Consent Agenda by Commission action. None. AGENDA ITEM NO. 6 : Consideration, discussion, and possible action on a Preliminary Plat for Lick Creek Subdivision consisting of once R -6 (Apartment /High Density) lot and one C -2 (Commercial - Industrial) lot on 14.75 acres located at 4102 State Highway 6 South. The applicant requested that this item be pulled from the agenda. AGENDA ITEM NO. 7: Public hearing, discussion, and possible action on a Rezoning from A -O, Agricultural Open, to R -1, Single Family Residential and C -1, General Commercial for 17.22 acres on Arnold Road, adjacent to and south of Southwood Athletic Park (02 -48) Staff Planner Jimmerson presented the Staff Report. Ms. Jimmerson began her report by stating that staff recommends denial, without prejudice, of the rezoning due to infrastructure constraints and noncompliance with the Land Use Plan. She pointed out that the rezoning request was evaluated on two main sets of criteria; compliance with the Comprehensive Plan, including the Land Use and Thoroughfare Plans, and on the conditions in the area, including potential increase in negative impacts to the public infrastructure. Ms. Jimmerson explained that the C -1 zoning does not comply with the Land Use Plan for the area and that it also does not comply with the development policies of the City's Comprehensive Plan which only supports commercial uses at intersections of major roadways. She added that the R -1 zoning complies with the Land Use Plan but the increase in density would have a negative impact on the infrastructure. In addition, in order to provide access to the site, by building Arnold Road and complying with the Thoroughfare Plan, some of the off -site improvement will be required since a portion of the Right -of -Way is off-site. Ms. Jimmerson also stated that this recommendation is not a reflection upon the applicant's non - attempt to build a section of the infrastructure. However, under the current ordinances, the City would not have the ability to enforce the issue, if the applicant did not follow through with the plans to build the infrastructure. Commissioner Kaiser asked the distance between the city property parking lot and the property line. Ms. Jimmerson estimated it to be approximately 40 -50 feet. Chairman Floyd opened the public hearing. P &Z Minutes Apnl 4, 2002 Page 2 of 6 Greg Taggart, Municipal Development Group, spoke in favor of the rezoning, stating that the proposed uses are reasonable for the area. Additionally, there is a natural buffer. In regards to the infrastructure, Mr. Taggart pointed out that the Thoroughfare Plan would require the applicant to build streets prior to the platting process. Chairman Floyd closed the public hearing. Commissioner Happ motioned to approve the rezoning. Commissioner Hawthorne seconded the motion. Commissioner Kaiser asked Staff to clarify the infrastructure issues in regards to access to Arnold Road and the impact on the city if approved. Ms. Jimmerson stated that the primary issue would be a subdivision and commercial development accessing off of a gravel road. The City's responsibility would be to provide the funds to improve the road. Additionally, Ms. Jimmerson pointed out that rezoning cases that are approved with conditions has been unadvised by the courts. Commissioner Happ expressed concern regarding access to the C -1 property without going through the R -1 property or from Arnold Road. Ms. Jimmerson explained that there is no other access at this time but that the Thoroughfare Plan shows a road going from Graham Road through the property. However, at this time, off -site improvements that will need to occur through City Condemnation. Commissioner Trapani asked if there were any other such cases as this allowed anywhere else within the city. Ms. Jimmerson stated that she is not aware of any of this magnitude. Commissioner Kaiser asked what the estimated time frame is for the construction of the connection of Graham Road and Rock Prairie Road. Ken Fogle, Transportation Planner, stated that this section is currently not on the City's CIP Project list. However, approximately a year from now Public Works will revisit the list to determine the projects for the next year. If this section of road makes the list for next year's projects, construction would be done within a 5 -year window. In response to Commissioner Hawthorne's question, Ms. Jimmerson reiterated the off -site issues addressed earlier. Commissioner Hawthorne asked if a condition for on -site access to the C -1 that has access to and up to the point where Arnold Road is approved and meets the property line. Assistant City Attorney Nemcik stated that this does not have to be a condition of the rezoning, but rather required during the development process. Chairman Floyd called the question. The motion to approve failed 2 -5. Commissioners Williams, Trapani, Kaiser, Floyd and McMath voted in opposition to the motion. Commissioner Kaiser motioned to deny without prejudice. Commissioner McMath seconded the motion. The motion to deny carried 5 -2, with Commissioners Happ and Hawthorne voting in opposition. AGENDA ITEM NO. 8: Public hearing, discussion, and possible action on a Conditional Use Permit for Haskins[WTF /Sprint located at 207 Dorninik Drive- A. (02 -34) Staff Planner Reeves presented the Staff Report. Ms. Reeves explained that the City is bound by the Telecommunications Act and that a denial of this request should be specifically stated and that all standards and ordinances must be met. The applicant is requesting a conditional use permit for a new 84 feet stealth tower. She indicated that Staff recommends approval contingent upon the Commission's approval of the stealth design. The property is zoned C -1 General Commercial. Because the tower will be stealth, it will not have to meet the separation requirement between the towers nor the setback requirement from a major thoroughfare. The tower does meet the separation requirement from an R -1 zoning boundary. P &ZMinutes Apnl 4, 2002 Page 3 of 6 There was some discussion regarding the terminology used in describing the design of the tower as being stealth. Senior Planner Battle stated that the intent of having a stealth option in the ordinance was to give the service providers an option and to encourage them to be creative. The ordinance also allows the Commission to make the determination as to whether or not a proposal is stealth or not. Mr. Battle read the definition as written in the ordinance. He added that the ordinance has been successful in encouraging co- location also. Commissioner Kaiser stated that overlap service should be looked into and encouraged. Chairman Floyd opened the public hearing. Bill Gurgley, Sprint PCS, Dallas, Texas, pointed out the location and access to the proposed site for the cell tower and stated that landscaping and irrigation provisions are also proposed for the site. Additionally, Mr. Gurgley presented pictures of the proposed tower. Lighting and maintenance for the site was briefly discussed. Carolyn Shaft Sprint PCS, stated that the nearest site for one of their towers is located approximately 8/10 of a mile to the south of the proposed site. A second tower location is a co- located tower. Both of these sites have exceed their capacity- limits. Co- location will exists on this structure. The possibility of locating on top of buildings in the vicinity was discussed. Mr. Gurgley reported that the willingness of property owners in the area was not favorable to doing this. Melba Hiccox, 300 George Bush East, spoke in opposition to the tower. She and Penny Menefee Thomas, 306 George Bush East, both oppose the tower in their neighborhood. Benito Flores -Meath also addressed the Commission. Dave Fox, operator of the restaurant located at 201 Dominik, questioned the aesthetics of the site in regards to the restaurant, which also has a patio. Chairman Floyd closed the public hearing. He turned the chair over to the vice -chair and abstained from any further discussions regarding this property. Commissioner Hawthorne motioned for approval with a condition that the design for the lighting on the tower is below the 8' fenced screen and directed only on the equipment. Commissioner McMath seconded the motion. Commissioner Trapani suggested adding the condition of requiring all wiring and etc. to be internal. Commissioner Williams asked if service could be affected if a denial to the request was reached. Mr. Gurgley stated that another site would have to be researched and service would be interrupted since capacity has already been reached at the two nearest sites. Mr. Gurgley stated that zoning, setbacks could not be met, and other sites were too large. Commissioner Happ called the question. The motion passed 5 -1 -1. Commissioner Kaiser voted in opposition to the motion, basis being the proximity of the tower to residential structures and properties and the negative impact upon them. Commissioner Floyd abstained. AGENDA ITEM NO. 9: Public hearing, discussion, and possible action on a Conditional Use Permit for Roxi Night Club located at 1500 Harvey Road #5002, Post Oak Mall. (02 -45) Planning Intern Flanery presented the Staff Report. Ms. Flancry stated that Staff recommends approval and explained that the applicant is proposing an extension to Cactus Canyon nightclub. She added that there will be two access points to the nightclub from the exterior of the mall only. The music will be strictly by D.J. and the noise level will meet the City's ordinance. Ms. Flanery pointed P &ZMinutes Apnl 4, 2002 Page 4 of 6 out that The Land Use Plan shows the site and the surrounding area as retail regional and that the request is in compliance with the City's Comprehensive Plan. Chairman Floyd opened the public hearing. The following spoke in favor of the Night Club: Mark Hamlin, 6195 Hardy Weedon Road Sunny Weifel, 3714 Old Hearne Road, Bryan Chairman Floyd closed the public hearing. Commissioner Happ motioned to approve the Conditional Use Permit. Commissioner Trapani seconded the motion. Commissioner Williams questioned the proposal of the walkway. Milton Thompkins, 4151 Southwest Freeway, Houston, stated that the walkway will be an enclosed walkway, better described as a sky -walk. Chairman Floyd called the question. The motion passed 7 -0. AGENDA ITEM NO. 10: Public hearing, discussion, and possible action on the Rock/Prairie Small Area Plan. (02 -52) City Planner Kee made the presentation of the Planning Study to the Commission. She explained that this report is part of the City Council's Vision #8, Strategy #3 which states that to ensure well planned neighborhoods we will maintain and improve our comprehensive plan and development policies. One of the implementation plans for this strategy is to update the comprehensive plan through the small area planning process. Ms. Kee oriented the Commission on the location of the property purchased by the City for a future business park, which is the impetus of the planning study. The purpose was to look at conditions and the elements of the comprehensive plan and other adopted plans. The process consisted of a subcommittee that worked very closely with the Economic Development Group who in turn, worked closely with a consulting team to design the property. Some preliminary recommendations were made and a meeting with area property owners. We are currently in the public hearing and adoption process. The report includes land use and thoroughfare recommendations and updates. Landfills were also looked at to see how these might impact the thoroughfares. An adequate supply for single family land uses was a priority as well. Additionally, to create a location for retail demands was considered and discussed. Lastly, because there is a significant amount of flood plain land in this area, options were discussed for its use. Ms. Kee stated that thoroughfares were the driving force for the planning of this area. Several recommendations were discussed: Change the alignment of Pebble Creek and Lakeway Drive Recommend a wider right -of -way for Lakeway Drive and Pebble Creek through the Business Park Recommend a different overpass design for Barron Road Recommend relocation of the two- east/west collectors TXDot will handle the design with input from staff. Ms. Kee pointed out several areas of change in the comprehensive plan. She explained that the land uses was divided into five sub - areas. She discussed each of the five sub -areas and the recommendations for each of them. She pointed various areas of proposed development and how they will play out in the end. She pointed out areas that may be annexed in the near future as well. P &ZMinutes Apnl 4, 2002 Page 5 of 6 Ms. Kee summarized the recommendation of the planning study: Keep Rock Prairie frontage for residential uses ➢ To provide a mix of housing types and densities that can serve the commercial uses in the area as well as the business park ➢ Take advantage of the flood plains and parks as amenities for the office and all the residential uses ➢ To buffer the residential from any commercial using the flood plains and the roadways that are planned to be in the area and that are currently in the area ➢ To allow the flexibility to interchange the office and multi- family uses depending on the market ➢ To provide areas for larger retail development To provide some locations for neighborhood retail to serve the potential annexation area ➢ Be able to interchange the single - family densities in the area, keeping the overall density fairly constant ➢ To design the area around the landfill by offsetting it ➢ Provide adequate east/west collectors ➢ Realign Pebble Creek and Lakeway Drive ➢ Increase the right -of -ways for those roadways from Greens Prairie through the business park To align Lakeway Drive with Stonebrook ➢ Create the web of linkages throughout the area connecting all the uses in the floodplains The amount of commercial and office space stays about the same but industrial areas increase. A gain of open space occurred through the neighborhood parklands that have been added to the area. Chairman Floyd opened the public hearing. Ed Uvacek, 8601 Creeksview Court, expressed some concern regarding road intersections. He would like another opportunity for the landowners in the area to make comments. Chairman Floyd closed the public hearing. He added that this meeting is the additional opportunity for public comment as well as the public hearing before City Council, which is scheduled later this month. Commissioner Kaiser motioned to table the item. Commissioner Williams seconded the motion. The motion carried 7 -0. AGENDA ITEM NO. 11: None. Discussion of future agenda items. AGENDA ITEM NO. 12: Adjourn. Commissioner McMath motioned to adjourn the meeting that was seconded by Commissioner Trapani. The motion carried 7 -0. The meeting adjourned. APPROVED: ATTEST: Chairman, Rick Floyd Staff Assistant, Susan Hazlett P &ZMinutes Apnl4, 2002 Page 6of6