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HomeMy WebLinkAbout11/06/1980 - Minutes - Planning & Zoning CommissionMINUTES CITY OF COLLEGE STATION, TEXAS Planning and Zoning Commission Meeting • November 6, 1980 7:00 P.M. MEMBERS PRESENT: Chairman Maher; Commissioners Bailey, Behling, Gardner, Watson, Hazen, Sears; City Council Liaison Runnels. MEMBERS ABSETN: None STAFF PRESENT: Director of Planning Mayo, Zoning Official Callaway, City Attorney Denton, Planning Assistant Longley. AGENDA ITEP4 N0. 1 -- Approval of minutes, meeting of October 16, 1980. Commissioner Bailey said that on page four, item 7, paragraph 3, the word obvious had been misspelled. Commissioner Hazen pointed out that, on page 2, Mrs. Aberth's name is Dawn rather than Joan. Commissioner Bailey moved that the minutes be approved as amended. The motion was seconded by Commissioner Sears and unanimously approved. AGENDA ITEM N0. 2 -- Hear visitors. • No one spoke. AGENDA ITEM N0. 3 -- A public hearing on the question of granting a Use Permit to Mrs. Mary Norman to operate a day care facility at 1103 Francis. Mr. Mayo explained that Mrs. Norman had been operating a day care center in her home for over two years and had only recently found out that a use permit was required. He said that, in that period, the city had received no complaints about the center and that his own inspection of the site showed no outward signs of the operation's existance. Commissioner Hazen asked if the center met the state health requirements. Mr. Mayo said that Sherry Albrecht, of Mr. Bardell's office, had told him that the center could get a permit from the state to keep a maximum of 12 children. The public hearing was opened. Mrs. Judy Warren, 1101 Westover, said that she was aware of the day care center and that she objected to the increase in traffic and to commercial uses in resident- ial areas. Mr. Tom Adair, 1018 Rose Circle, spoke in opposition to the request. • Mr. Peter Hugell, 1100 Gestover, objected to the increased traffic and suggested that deed restrictions in the Carter's Grove Addition might rule out the operation of a day care center. MINUTES City of College Station Planning and Zoning Commission November 6, 1980 7:00 P.M. Page 2 • Mr. Mike James, 1014 Rose Circle, spoke in opposition. He pointed out that the center was located next to a lake and that this might cause a safety problem. Mr. Mark Paulson, 1506 Lemon Tree, said that he had been taking his little girl to Mrs. Norman's center for two years and was pleased with the care she had received. He asked that the permit be granted. Mrs. Clarisa Kimber, 1208 Berkley, said that she was afraid that some of her other neighbors might open day care centers if the permit was granted. She said that she opposed the request. Mrs. Jeane Wolfe, Rose Circle, spoke in opposition to the request. Mrs. Ramona McNeil, 1001 Francis, spoke in opposition to the request. The public hearing was closed. Commissioner Watson asked if the number of children to be kept could be set at 12 or less by the Commission. Mr. Mayo explained that, under the Use Permit proceedure, the Commission could set any conditions it felt necessary. Commissioner Hazen moved that a Use Permit be granted to allow the keeping of no more than 10 children until August of 1981. • The motion was seconded by Commissioner Sears and approved with Commissioner Bailey and Chairman Maher voting against. AGENDA ITEM N0. 4 -- A public hearing on the question of rezoning a 9.2 acre tract on Southwest Parkway from Duplex District R-2 to Apartment District R-5. The application is in the name of Paul Wahlberg. Mr. Mayo explained that the City Council had changed this tract from R-6 zoning to R-2 zoning in 1978 at the request of several area residents. He said that, at that time, the planning staff had recommended R-4 zoning for the tract and would still do so now. He said that Southwest Parkway had been built to accommodate the traffic load from the anticipated apartment development in the area and that it would be remarked for four lanes when the traffic became heavy enough. He also pointed out tihat the land in question would be hard to develop into a duplex project because it would be surrounded by apartments to the east and commercial development to the west. The public hearing was opened. Mr. W.D. Fitch asked if a park was still included in the A-0 land on the south side of the Parkway. Mr. Mayo explained that a 10 acre reserve had been deeded by the developer to be re- leased to the city as development occured in the area. Mr. Fitch advised the Commission to consider access to the park from Southwest Park- • way in their deliberations. MINUTES Planning and Zoning Commission November 6, 1980 7:00 P.M. Page 3 • Mr. Paul Wahlberg, applicant, presented a proposed site plan for the apartment project he wished to build on the subject tract. He also reveiwed the development of the adjacent projects; Willowwick, Willowcreek, and Oakwood (under construction). Commissioner Gardner said that the density of the original zoning on the entire area of the request had been to high and that the rezoning to R-2 had been intended to reduce the overall density, especially in the area of Wellborn Road. He asked Mr. Wahlberg if the tract could not be developed as a duplex project. Mr. Wahlberg said that it could be developed as a duplex project, but that the configuration of the land and the flood plain would hurt the project economically. The public hearing was closed. Commissioner Watson said that it seemed unreasonalbe to place duplex zoning between commercial and apartment tracts. He said that it seemed to be standard proceedure to place higher density zoning ajacent to commercial tracts. Chairman Maher said that he felt the density in the area was high enough now and that there had been no changes in the area that would lessen the impact of increased den- sity. Mr. Wahlber repeated that Southwest Parkway's right-of-way and pavement width had beeb designed to allow for four lanes of traffic. Commissioner Bailey said that the potential for the increased traffic existed in the • now zoned high density areas and that higher traffic counts would occur without up- zoning the tract in question. Commissioner Hazen moved that the Commission recommend denial of the request. The motion was seconded by Commissioner Bailey and approved with Commissioners Watson and Behling voting against. AGENDA ITEM N0. 5 -- A public hearing on the question of rezoning Lots 10-20 Block 17, Lots 1-4 and the adjoining 20 feet of Lot 5 and Lots 11-14 and the adjoining 20 feet of Lot 15 Block 18; Southwood Vallev Section 4-B from .District C-1 to District R-5. Mr. Mayo said that the area had been overzoned for commercial uses and that the developer now wanted to rezone some of the land for residential use. He pointed out that the rezoning would help to ease the impact of the commercial strip along this section of Texas Avenue. He recommended approval of the rezoning. The public hearing was opened. Mr. W.D. Fitch, applicant, said that they had asked for more commercial zoning in the area than was needed. He explained the development concept for the area in question. He said that the plan was for three and four unit dwellings as the demand for these units was very high at this time. The public hearing was closed. • Commissioner Bailey moved that the Commission recommend approval of the rezoning. The motion was seconded by Commissioner Sears and unanimously approved. MIN'UTES"` Planning and Zoning Commission November 6, 1980 7:00 P.M. Page 4 • AGENDA ITEM N0. 6 -- A public hearing on the question of rezoning Lots 1-15 of the Chalet Village Addition from District R-1 to District R-lA. The aplication is in the name of Dr. W.E. Crenshaw. Mr. Mayo told the Commission that the rezoning would allow Dr. Crenshaw to plat three additional lots in the subdivsion. He added that the chalet units designed for the lots did not require the area of an R-1 lot. He recommended approval of the request. The public hearing was opened. Dr. Crenshaw explained the reason for the request was as Mr. Mayo had stated. The public hearing was closed. Commissioner Watson moved that the Commission recommend approval of the request. The motion was seconded by Commissioner Bailey and approved with Commissioner Behling voting against. AGENDA ITEM N0. 7 -- A ublic hearing on the question of rezoning a 2.38 acre tract at the intersection of Sebesta Lane and the East Bypass from District R-1 to District C-1. The application being in the name of Mrs. JoAnn Atkins. Mr. Mayo explained the surrounding land uses and zoning. He said that the requested rezoning would help to establish a large commercial tract at this intersection. He • recommended approval of the request. The public hearing was opened. Mrs. Hartman, agent for Mrs. Atkins, spoke in favor of the request. The public hearing was closed. Commissioner Gardner pointed out that the intersection would have to be curved to hit the East Bypass at a 90° angle to make it a desirable commercial intersection. He said that this would require that the road go through the tract in question. Commissioner Bailey moved that the Commission recommend approval of the rezoning. The motion was seconded by Commissioner Watson and approved with Chairman Maher and Commissioner Gardner voting against. AGENDA ITEM N0. 8 -- A public hearing on the question of adopting an ordinance amendin the Zoning Ordinance creating a new commercial district and revising the C-1 district. Mr. Mayo went over the ordinance and outlined the changes that had been made to it since the last discussion by the Commission. The public hearing was opened. • Mr. W.D. Fitch asked that the ordinance be tabled so that the public could have more time to study it. Mr. Mayo pointed out that the ordinance had been available at City Hall. MINUTES Planning and Zoning Commission Page 5 November 6, 1980 7:00 P.M. Commissioner Bailey added that the ordinance had been. discussed at previous meetings • and that this hearing had been advertised in the paper. He suggested that it not be tabled since final approval would require another hearing before City Council. Mr. Mayo went over the effect of the proposed ordinance in detail. Mr. Fitch asked how the ordinance would effect existing C-1 property. Mr. Mayo advised that this would present some problems and that each tract would have to be considered on it own merit. He said that the City Attorney had advised him that the ordinance would, in effect, rezone all commercial zoned land since the list of permitted uses would be changed. He said that he was working with the City Attorney on the problem of how to best handle this situation. Commissioner Watson pointed out that some of the existing ,commercial uses would become nonconfroming uses. Commissioner Gardner suggested that it was odd that the C-3 zone for high traffic generators would not allow C-1 uses. Mr. Mayo said that it was the intent of the ordinance that this would discourage speculative zoning or attempts to get the highest intensity zoning possible when not really needed. Commissioner Hazen suggested that the ordinance be recommended to City Council and a committee appointed to consider the method for working out the problems associated • with its passage. Commissioner Bailey moved that the Commission recommend adoption of the ordinance. The motion was seconded by Commission Hazen and passed by the following vote: For: Chairman Maher; Commissioners Sears, Bailey, Hazen Against: Commissioners Behling, Gardner, Watson Commissioner Behling asked that the motion be amended to delete banks from the C-1 district and added to the C-3 district and to delete hospitals and warehouses from the C-3 district. Commissioners Hazen and Bailey accepted the amendment and it was approved with Commissioners Gardner and Watson voting against. AGENDA ITEM NO 9 --_Consideration of a preliminary plat - Woodson Village Fifth Installment, Section 2. Mr. Mayo explained that a final plat on this property had been approved but never filed. He continued that the old plat had the same street configuration but only half as many lots. He stated that several of the lots on the back of the property were in the flood plain and would have to obtain use permits before houses could be built on them. He added that the Director of Public Works had questioned the adequacy of the 10 foot utility easement shown on the plat. He said that, if • only underground electrical service were to be put in the easement, it would be adequate. MINUTES Planning and Zoning Commission November 6, 1980 7:00 P.M. Page 6 Commissioner Bailey suggested that the easement be increased to 20 feet; ten on • each lot, or that the two lots be made into one. Commissioner Gardner suggested that the City Council might make the area residents aware of the proposed plat. He reminded the Commission of the intrest and opposition of the neighborhood in past attempts to plat the land. Commissioner Bailey said that he knew some residents in the area and would inform them of the plat. Commissioner Bailey moved that the plat be approved. The motion was seconded by Commissioner Watson and approved with Commissioner Hazen voting against. AGENDA ITEM N0. 10 -- Consideration of a final plat - Resubdivsion of Reserve Tract A; Parkway Plaza Phase 8. Commissioner Sears left the Council table and advised that he would be abstaining from the vote on the next two items. Mr. Mayo advised that the City Attorney had reviewed the plat and the question of legality of private access easments and that he had determined that there had never been a problem with private access easements in Texas. He added that Mr. Denton was present to answer questions of the Commission. • Chairman Maher. said that the P.R.C. had met with Mr. Denton and that he was sat- isfied that the private access easements would be proper. He added that a note would be placed on the plat regarding maintenance of the private access easements. Commissioner Hazen asked exactly what property would be owned by the lot owner in regards to the private access easment and what his rights would be to the land in those easments. City Attorney Denton said that the owner of the lot would own all of the land inside the lot line including the access easment and the parking areas within, but that all other owners would have a right to use the area within the easement as outlined in the agreement of sale. He also explained the note placed on the plat would help to insure the legality of the access and its maintenance. Commissioner Gardner asked who would insure the right of access to the easement. Mr. Denton advised that the persons involved would have to take the question to civil court. Commissioner Gardner suggested that it might be advisable for the Commission to look at the agreement of maintenance for the project before-.giving its approval. Mr. Denton said that this might be a good idea because maintenance of parking and drive areas was one of the problems with developments of this type. Commissioner Gardner asked to what standards the drives and parking areas would • be built. .MINUTES Planning and Zoning Commission November 6, 1980 7:00 P.M. Page 7 • Mr. Bob Spearman advised that the drives and parking would be concrete. Mr. Mayo said that construction and approval of these areas was generally worked out between the developer and the City Engineer. Commissioner Watson moved that the plat be approved. The motion was seconded by Commissioner Behling. Commissioner Bailey suggested that the motion be amended to state that no access be granted from any lot to Brentwood of Barthelow Drives from any point other than those designated access easments. Commissioners Watson and Behling accepted the amendment. The amended motion was approved with Commissioner Gardner voting against-and Com- missioner Sears abstaining. AGENDA ITEM N0. 11 -- Consideration of a Site Plan Permit for the construction of a four-plex project to be built on Reserve Tract A; Parkway Plaza Phase 8. Mr. Mayo advised the Commission that the changes recommended by the P.R.C. had been made and that he recommended approval. Commissioner Gardner pointed out that the 90° parking spaces would not be accepted on a public street. • Mr. Mayo suggested that the project would function as an apartment project and that this was a typical parking layout in apartment projects. Commissioner Gardner pointed out that no provision had been made for waste collec- tion. Mr. Mayo advised that the Director of Public Works might prefer that the waste be collected in front of the units in plastic sacks. Mr. Sears said that they would follow the direction of the Director of Public Works on this question. Commissioner Gardner pointed out that the parking areas were arragened so as to leave some units with as few as 6 spaces actually serving them. Commissioner Bailey pointed out that this situation would be known by the buyers under the agreement of shared access and parking. Commissioner Watson moved that the plan be approved and the permit granted. The motion was seconded by Commissioner Bailey and approved with Commissioner Gardner voting against and Commissioner Sears abstaining. AGENDA ITEM N0. 12 -- Consideration of a petition requesting annexation of a 10.68 acre tract located 3500 feet east of F.M. 2154 and F.M. 2818. The petition is in the name of Southwood Valley, Inc. Mr. Mayo explained that the petitioner had purchased the property and wished that r 1 ~J • • MINUTES Planning and Zoning Commission November 6, 1980 7:00 P.M. Page 8 the land be annexed for an extension of the development to the east in Southwood Valley Section 22. Commissioner Bailey moved that the Commission recommend acceptance of the petition. The motion was seconded by Commissioner Hazen and approved with Commissioners Watson and Sears absent. AGENDA ITEM N0. 13 -- Final plat - Foxfire Phase 3. Mr. Mayo pointed out that approval of the plat would include two variances to the subdivision regulations; the streets had a 60 rather than a 70 foot riffiht-of-way, and some of the lots had less than 100 feet of frontage. Commissioner Bailey moved that the plat be approved with the provision that access be denied to Frost Drive from Lots 10 and 3 of Block 1 and Lots 3 and 7 of Block 2. The motion was seconded by Commissioner Hazen and unanimously approved. AGNEDA ITEM N0. 14 -- Vacating and Resubdivision, Lots 1-15 Chalet Village. Mr. Mayo explained that this was the replat of the property rezoned to R-lA in item no. 6. He also pointed out that. the City Engineer has asked that the Commission's motion of approval include the condition that any drainage problems on the property be worked out to his satisfaction. Mr. Mayo explained that a problem existed bet- ween the tract in quesiton and the adjoining Dexter Place Addition. Mr. W.D. Fitch explained. the drainage problem. Mr. Jerry Bishop, engineer for the Chalet Village Addition, said that this problem could be worked out between himself, Mr. Fitch and Mr. Ash. Commissioner Gardner asked if some provision could be made for pedestrian access to Welch Street and Gabbard Park from this project. Mr. Bishop pointed out that an 8 foot wide concrete flume had been constructed from the end of Swiss Court to the back property line for drainage purposes, and that this structure could be used as a sidewalk in dry conditions. He added, however, that the flume ended at the back property line of the Dexter Place Addition, and that no further access would be possible. Commissioner Watson moved that the plat be approved on the condition that the drainage problem be solved to the satisfaction of the City Engineer. The motion was seconded by Commissioner Sears and approved with Commissioner Gardner voting against. AGENDA ITEM N0. 15 -- Consideration of mobile home park development in flood plains. Mr. Mayo said that he had been contacted by a group who wished to enlarge and im- prove an existing mobile home park on Texas Avenue, a portion~of which is in the flood plain. He noted a letter from the developers which included questions of the Commission's opinions on proper zoning for the project and engineering standars for MINUTES Page 9 Planning and Zoning November 6, 1980 7:00 P.M. Commission • placement of mobile home pads in the flood plain areas. He showed the Commission a map supplied by the developers showing the proposed project. It showed a strip oc C-1 zoning along. Texas Avenue with the remainder being zoned R 7 for the mobile homes. Mr. Mayo advised that he could support the mobile home zoning, but not the C-1 tract. He suggested that some C-N type uses in the interior of the project might be more suitable. The Commission discussed the proper .elevation for location of mobile home pads in flood plain areas. The Commission advised the developers that this question would be best answered by consultation between their consulting engineers and the City Engineering staff. However, it. was suggested by the majority of the Commis- sinners that the top of the pad be located at, or above, the 100 year flood level. The Commission also advised the developers that they would be in favor of granting additional R-7 zoning for the enlargement and upgrading of the mobile home park, but that they would not be in favor of the C-1 strips along Texas Avenue and the East Bypass. The Commission suggested that Neighborhood Business zoning on the interior of the tract, for the support of the mobile home park, would be more appropriate. AGENDA ITEM N0. 16 -- Other business. Chairman Maher appointed Commissioners Hazen, Sears and Watson to serve as a sub- committee to study possible problems caused by the passage of the ordinance creating the C-3 zone. • Commissioner Gardner suggested that a looseleaf book containing all of the City's developmental ordinances be prepared. Chairman Maher said that he would be absent from the November 20 meeting and asked Vice Chairman Watson to serve as Chairman for that meeting. AGNEDA ITEM N0. 17 -- Adjourn. Commissioner Sears moved that the meeting be adjourned. The motion was seconded by Commissioner Watson and unanimously approved. The meeting was adjourned at 10:30 P.M. APPROVED Chairman Attest • Secretary