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HomeMy WebLinkAbout08/02/1984 - Minutes - Planning & Zoning CommissionMINUTES CITY OF COLLEGE STATION, TEXAS • Planning and Zoning Commission August 2, 1984 7:00 P.M. MEMBERS PRESENT: Vice Chairman Martyn, Members Brochu, Stallings and MacGilvray MEMBERS ABSENT: Chairman Hansen, Members Tongco and Kaiser STAFF PRESENT: Director of Planning Mayo, Asst. Director of Planning Callaway, City Engineer Pullen, Asst. Zoning Official Johnson and Planning Technician 1101 k AGENDA ITEM N0. is Approval of Minutes - meeting of July 19, 1984 Mrs. Stallings made a motion to approve the minutes with Mr. MacGilvray seconding. Motion carried unanimously (4-0). AGENDA ITEM N0. 2: Hear Visitors No one spoke. AGENDA ITEM N0. 3: 84-114: A public hearing on the question of rezoning a 2.99 acre tract in the Thomas Caruthers League (Abstracfi No. 9) located on the mouth side of Rock Prairie Road a.pproxlmately 200 feet west of Carter Lake Drive from Agriculture Open District A-0 to Single Family Residential District R-1. Application is in the name of Lynne Hunt and S i l l Car i i4er • Mr, Callaway explained that the tract is located in the newly annexed area of the City, and that most of the area zoning is A-0 with scattered residential uses. He added that staff recommends approval of this request. Mr. MacGilvray asked about construction on the sifie and Mr. Callaway explained that a house has been moved to the site, but has not been, and will not be, set permanently until the land is rezoned. The public hearin was opened. Bill Carlker came forward, identified himself as an applicant of the request, offered to answer any questions the Commission may have, and requested approval of this request. Mr. MacGi-lvray asked about his plans and he explained that at the time he had purchased the land he thought it was out of the City and had only found out it is in the newly annexed area recently. He stated that all City codes will be met after rezoning of the land, but that the house is not yet permanently set. No one else spoke. Public hearing was closed. 9 Mr. Brochu made a motion to approve this rezoning request with Mrs. Stallings seconding. Motion carried unanimously (4-0). AGENDA ITEM N0. 4: 84-115: A public hearing on the question of rezoning part of a 32.28 acre tract located south of the Woodstock Subdivision and east of the Richards Subdivision from Sin to Fami1 Residential District R-1 to General Commercial District 23.2 acres and Administrative-Professional District A-P .32 acres Application In the name of Sypcon Construction Corporation. Mr. Callaway located the tract of land, pointed out area zoning and land uses, and • explained that the extensions of Dartmouth and Holleman streets will intersect on this tract, He then stated that staff cannot support this request for the following three reasons: (1)The request does not comply with the Land Use Plan, as high density resi- dential uses are reflected for most of this area with low density residential uses C-1 is PAZ Minutes 8-2-84 page 2 • reflected on the southwestern portion, (2)The proposed C-1 zoning would not be compa- tible with the existing and planned residential uses to the south and west of this tract, and (3)The quantity of existing and planned C-1 zoning exceeds projected need for com- mercial land uses without such deviations from the approved Land Use Plan. He went on to point out the following changes have occurred in this area since adoption of the City's plan: (1)The proposed Holleman Street extension width has been increased to handle additional traffic loads, and (2)A large C-1 and A-P area has been established west of the subject tract. Mrs. Stallings asked the widths of the proposed streets and City Engineer Pullen replied that Holleman Street will be 47 feet in width and Dartmouth Street will be 56 feet in width. Mr, Callaway added that this tract will have a large amount of frontage on Ho11e- man. Mr, MacGilvray asked what was planned in the area which is in the flood plain and Mr, Callaway said the f1o©d plain will affect any type of development, but it can be used if all restrictions are followed. He added that parking can be developed in the flood plain or that area could be used to offset density should the tract be used for residential development. The public hearing was opened. Larry Wells of Bishop ~ Associates came forward as a representative of the applicant and stated that the applicant has requested this rezoning as he believes the conditions have changed in this part of the City enough to warrant changing the Land Use/Comprehensive Plan, He asked if he could put a conceptual plan on the wall and did so after permission was granted. He also passed around a letter from the City Manager to the applicant. He went on to state that the Comprehensive Plan is just that; a plan which ~ ould be used as a guideline but which should be subject to change as conditions change. He said that commercial development at this location could mean a reduction in the demand on the • infrastructure (sewer ~ water) and added that the street extensions are being designed for commercial use in this area. He indicated that the Impact on the streets would probably be less with commercial development here than it would be with high density residen- tial development (as the Land Use Plan shows). He stated that commercial zoning in this location, added fio land which has already been rezoned to commercial, could create a definable business district for the City, adding that the flood plain could be developed as greenbeits throughout this area, He then stated that although, as staff has indicated, there -s an abundant amount of vacanfi commercially zoned land in the City, there is also an overload of high density.resldential land. Mrs. Stallings asked how the division into specific zoning d)strlcts was made and Mr. Wells answered that an attempt has been made to continue .the blend of the A-P district (recently begun), adding that A-P zoning is more compatible with, and can be better developed in a flood plain area than commercial zoning. He added that he and his applicant are requesting approval of this request as submitted as they can see no detriment fio the City, and also because this type of development may even cause less impact than that indicated on the Comprehensive Plan. Mr. Martyn asked what the blue color on the conceptual plan represents and Mr, Welts explained that it represents water-scaping which would be in the form of ponds, pools and fountains, and would represent a natural implementation of additional amenities which is already taking place in larger c(ties. Mr. MacGilvray .asked the square footage of development which is planned and Mr. Wells said that, at this time, is unknown, but pointed out that although the plan presented is only conceptual in nature, every effort has been made to draw it to a scale to .represent what could be developed in square footage, and includes the required parking for the building area shown, He added that he has done this type of drawing to exemplify the highest density possible, adding that reclaiming land with so much flood plain would be financially prohibitive for low densifiy residential use. • Jerry Bishop of Jerry Bishop ~ Associates came forward to speak as a representative of the applicant and explained that his firm's experience in working on projects in this area dates back to the early 1970~s; then pointed out that the Comprehensive Plan is a plan only and should serve as a guideline to planning development, streets and infra- structure which might be necessary in an area. He stated emphatically that it is his PAZ Minutes 8-2-84 page 3 belief that the owner of land should be able to develop his land as he desires as long as that development is not detrimental to the health, welfare or safety of the citizens • of the City. He pointed out that commercial zoning in this area which is adjacent to the already developed Regional Ma11 and high density apartments would not be detrimental to the area, adding that Dartmouth and Holleman Streets, when completed, will be very busy streets and have been designed to carry heavy traffic. He added that this request represents commercial zoning for very large tracts and does not represent strip commercial zoning which is frowned on by the City. He stated that the current R-1 zoning is the result of how land was brought into the City at the time of annexation, adding that staff's statement that there is already ample commercially zoned land in the City is superfluous as the area is clearly an area for commercial zoning. No one else spoke. The public hearing was closed. Mrs. Stallings stated that residential development along this major intersection would be very unusual, Mr, Rrochu asked if this land is R-l or R-6 and Mr. Martyn explained that ft is currently zoned R-l, but is reflected as R-6 or high density residential on the Comprehensive Plan. Mr. Broehu asked Mr. Mayo if this area would be developed as residential and Mr. Mayo said that the recent rezonings in this area and the changes in the width of Holleman creating a major intersection at Dartmouth represent changes made to the Comprehensive Plan and have made this a favorable location for commercial develop- ment. He stated that he has no argument with the request except that it violates the development policies which were established to give guidance, adding that these policies call for a land use buffer between C-i zoning and R-1 zoning, therefore the tracts abut- ting established R-1 development probably should be A-P. He suggested this could be accomplished by reversing the proposed A-P tract on the northwest area of the intersection with the proposed C-l tract on the southwest area of the intersection, or if this does not meet with CommissPan approval, then he would request that conditions be set requiring • either a brick wall, as has been used in the past, or larger setbacks to provide a buffer between commercial development and existing residential development. Discussion followed regarding the possibility ®f establishing a downtown type area in this area and Mr. Mayo said that this has not been addressed, but if any area-were developed into a sort of centra- business district in the City, this would probably be the location for it. He added that such a development would be unlike traditional downtown areas in other, older cities, but would be more of a central commercial area. Mr, MacGilvray stated that as he sees what has been happening in this area, perhaps 4 or 5 areas of a downtown district might be developed, but added that he sees. no way these separate areas will be connected, and wpndered if perhaps the City could help develop some kind of plan so people could move from one development to another and present that plan to the developers in the area. Mr, Mayo replied that the City would certainly be willing to try to do this, but stated fihat any attempts to connect separate shopping centers in the past have failed. Mr. Pullen was asked if sPgnalization is planned at the intersection of Holleman ~ Dartmouth and he replied fihat stop signs are now being planned, but signalization will be installed if it becomes warranted, Mr. Broehu asked if Mr, Bishop would reply to the possibility of "flip-flopping" the A-P and C-1 districts as has been suggested. Mr. Bishop stated that his applicant would be amenable to a compromise, but feels that this request is legitimate based on studies made of the area. He added that site plan review could help with control, stating that he agrees that a buffer is necessary, but that it would not necessarily have to be a land use buffer. He added that changing that tract to A-P would not necessarily address the problem, asking what difference there is between an attorney's office and a hair shop, He then. addressed the. suggestion of a pedestrial right-of-way, adding that they feel this is a very important part of the development of the area and they are hoping that this can be established along the floodway, • Mr. Martyn stated that he wanted to go vn record as being against this request for several reasons including fihe fact that although the Comprehensive Plan is not set in concrete, he feels that this request and others in the past have chopped that plan to pieces, allow- P&Z Minutes 8-2-84 page 4 ing piecemeal zoning; that there has been no indication of any plans made for a downtown • area but rather individual development of large chunks of commercial land; and, that there is an over-abundance of vacant commercially zoned land, therefore there is no more needed at this time. Mrs. Stallings made a motion to approve this request with Mr. MacGilvray seconding for the purposes of more discussion, Mr, MacGilvray then asked Mr. Mayo if it is possible for the motion to include a recommendation for alternative zoning, to which Mr. Mayo replied that the Council has requested that the Commission include recommendations in cases where it disagrees with the requested zoning. Mrs. Stallings stated that she believes that A-P zoning next to R-) zoning would be more in line with the Comprehensive Plan, but stated that C-1 zoning would fit in better than the proposed R-6 zoning shown in the Plan. Mr. MacGilvray asked if site plan review can actually control buf- fering, Mr. Mayo replied that it has only a certain amount of control, adding that any use listed under the C-1 zoning district regulations can be developed, and that although some commercial projects and uses could be developed without having a negative impact on the residential neighborhood, staff cannot control the uses developed if they comply with the ordinance regulation. He added that is the primary reason for his suggestion to switch the tracts, or at least flake a portion of this C-1 tract and make it A-P. Mr, Marfiyn said he agrees that if the land is rezoned, it would be better to switch the tracts, but he believes it is better to defeat this motion and to ask the developer to change his request when it comes before the Council. Mr. MacGilvray agreed that a change in the request should be made by the developer after he has time to make some furfiher studies. Mr. Mayo agreed, reminding the Commission that it only makes recommenda- tions and the Counci) makes the final decisions. Mrs. Stallings asked if the P&Z makes a recommendation, would that mean the developer could either change the request. when it goes to Council or leave it the same. Mr, Mayo replied that is correct. Mrs. Stallings • .then stated she would like to amend her motion to add a recommendation that the C-1 tract at the southwest area of the intersection be switched with the A-P tract at the northwest area of the intersection, thus the A-P tract would abut the existing residential area. Mr. MacGilvray agreed, and seconded the motion to amend the original motion of approval. Votes were cast, with the motion as amended failing by a vote of 2-2 (Martyn ~ Brochu against). Mr. MacGilvray then made a motion to recommend approval of the portion of the request to rezone. the northeastern most area (north ~ east of the intersection) to C-1 (which is adjacent to the Regional Mall), and to leave the remaining area included in the request R-1. Mr. Brochu seconded this motion for purposes of discussion. Mr. Brochu then won- dered aloud if this is something the developer would want. Mr. MacGilvray said that this land adjacent to the Mall is destined to become commercial, and that since this is a recommendation to the Council, it will give the developer time to reconsider his request, and perhaps make some changes which would address some of the concerns heard tonight. He then added that he is against any type of development in a floodplain and thinks this City should change its policies, Votes were cast and the motion carried 2-1-1 (Martyn against; Stallings abstained). 1~~ ~.~ AGCNDA ITCM N0. 5: 84-'T1'S~ A public hearing on the question of granting a conditional use permit fora children's learning center to be located within the existing Peace Lutheran Church, 1100 F.M. 2 1 A~~lication is in the name of PPaCP lirt haran Chi~rrF~ Mr. Callaway explained that this request is fora learning center to be located within the existing facilities and that when the original conditional use permit was issued, • no consideration had been given for this type of use of the building. Mr. MacGilvray asked for staff's recommendation, and Mr. Callaway replied that staff has no recommenda- tion regarding this request, but added that any possible expansion of this facility can be controlled by this Commission by setting a number limit on children to be allowed. PAZ Minutes 8-2-84 page 5 Public hearing was opened, Kearby Etheredge came forward to represent the Church and stated that this facility is on the fringe of a residential area so there should be no • traffic .problems from this use, adding that there is adequate off-street parking on the site for this use as well. She said there are plans for expansion of the entire Church facility in the future, but the Church is aware that it will have to come before the Commission at that time, and that this request in no way includes any expansion of any thing other than use. Discussion followed concerning the number of children, classes and hours proposed. No one else spoke and the public hearing was closed. Mrs. Stallings stated that she has no problem with this request, adding that the facility is located in a good area for this use, Mr. Brochu agreed. Mr. MacGilvray made a motion to approve this request with the condition that the number of children comply-with state requirements. .Mrs. Stallings seconded the motion which carried unanimously (4-0). AGENDA-ITEM N0, 6: 84-216: Final Plat - Barron Road Addition (10.77 acres) Mr, Mayo stated this plat complies with the Preliminary Plat which was previously approved, that the P.R.C. has recently approved a site plan for this tract, and staff recommends approval of fihis plat.. Mrs. Stallings made a motion to approve the plat with Mr. Brochu seconding, Motion carried unanimously (4-0). AGENDA ITEM N0, 7: 84-217: Final Plat - Repiat of Lots 6,7 ~ 8, Block 2 Shenandoah Subdivision Mr. Mayo explained the purpose of thPs plat is to divide Lot 7 between Lot 6 and Lot 8 as there is a gas line easement across Lot 7 which had not been shown on the previous plat, Ike stated staff recommends approval of fihis plat with the condition that the developers submit a revised plat of the entire Shenandoah Subdivision which reflects the • entire gas easement, Mr, Brochu made a motion to approve this plat with the condition that applicants submit a revised Final Plat of the entire Shenandoah Subdivision which reflects the exact location of the entire gas easement. Mr. MacGilvray seconded the motion which carried unanimously (4-0). AGENDA ITEM N0. 8: 84-218: Final Plat - Rainbow Acres Phase II (264.625 acres) Mr, Mayo stated that staff is requesting postponement of consideration, of this .plat until the next meeting as construction documents have not yet been approved. Uice Chairman Martyr stated that staff's request is granted and consideration of this plat will be postponed. AGENDA ITEM N0._9: 84-307: Preliminary Plat - Harvey Acres (28.24 acres) Mr. Mayo located the land this plat represents on a map on the wall, and informed the Commission of a meeting he and the City Engineer have had with the County Commissioners concerning the future location of a street in the area, adding the County Commissioners have informed him that a thorough study of the location will be done before a Final Plat of this land is prepared and presented, therefore staff would recommend approval of this preliminary plat as shown with the knowledge that street locations may change. Mr. MacGilvray asked about .the 5 foot side setbacks indicated and Mr. Mayo stated that because this land is in the ETJ, the City would have no control over setbacks, etc., but if the land is annexed into the City prior to building anything, all development would at that time have to conform to City requirements. Mr. MacGilvray then made a motion to approve this preliminary plat with the knowledge that the street location may change and also-with the condition that yard setbacks be changed to conform to the • City's Ordinance No, $50 (the Zoning Ordinance). Mr. Brochu seconded the motion which carried unanimously (4-0). P&Z Minutes 8-2-84 page 6 • AGENDA ITEM NO. 10: Other Business Mr. Pullen and Mr, MacGilvray entered into a discussion regarding development within the boundaries of a flood plain with Mr. MacGilvray stating he is not necessarily con- cerned too much with the safety aspect, but rather with the changes which result to the flood plain downstream. He contends that flood plains within this City could be used to connect sections of the City together, as most of the flood plain area leads to the University and greenbelts with bicycle paths and pedestrial walks could be developed in them with intense planning and cooperation between the City and various developers, Mr. Brochu announced he would be absent from the meeting on August 16th. There was no other business- to discuss. Mr. MacGilvray then made a motion to adjourn with Mr. Bro- chu seconding, Motion carried unanimously (4-0). APPROVED: ATTEST: • City Secretary, Dian Jones • PLANNING AND ZONING COMMISSION GUEST REGISTER DATE _ - ~~ NAME ADDRESS 1 . ~~l rtyY C~Y/~i~ 2. ~~ C~~ ~. 8 . 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21.. 22. 23. 24. 25. ~Z~ ~ ~U~l[ Sf~~ C • ~ . ~Z ~ T'~~Yl~e ~ ~ ~~22 ~ r'dad~~^ o.~/ ~ ~ 6 ~~~~ *** REGISTRATION FORM *** (FOR PERSONS WHO WISH TO ADDRESS THE COMMISSION) Oate of Meeting !~ ~ Z-_i ~~ Commission Agenda Item No. ~ 7 - ~/ LI .. n 1 _ Name ~~~ ~ _ ~~~c..-Q~2 ~ ~~ ~2"j~h~-~ . ~~.y~_; . ' / _~ ~ L Address ~ ~~ l ~_~ t ~C.C 6 ;' `~ l.~C 'G ;. House No. Street i City ~; • IF SPEAKING FOR AN ORGANIZATION, Name of Organization: And, Speaker's Official Capacity: SUBJECT ON WHICH PERSON WISHES TO SPEAK 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 Conmisslon, PLEASE FURNISH AN EXTRA COPY FOR COMMISSION FILE4. The Commission will appreciate each speaker limiting an address on any one Item to five minutes. Thank you for your cooperation. *** REGISTRATION FORM *** (FOR PERSONS WHO WISH TO ADDRESS THE COMMISSION) Date of Meeting k.~~i, fr Commission Agenda Item No. (J ~ "~YG77 Name V Address G `/ • House No. Stre t City IF SPEAKING FOR AN ORGANIZATION, Name of Organization: And, Speaker's Official Capacity: f2~1~ --r~ ~ 19 (('~ SUBJECT ON WHICH PERSON WISHES TO SPEAK The Commission will appreciate each speaker limiting an address on any one Item to flue minutes. Thank you for your cooperation. 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, PLEASE FURNISH AN EXTRA COPY FOR COMMISSION FILES. *** REGISTRATION FORM *** (FOR PERSONS WHO WISH TO ADDRESS THE COMMISSION) Date of Meeting Commission Agenda Item No. Name ~~~1L'~G) 1~ Address Z~-~ 3 ~4-d (~G~'f ~'~- C - House No. treet City IF SPEAKING FOR AN ORGANIZATION, Name of Organization: And, Speaker's Official Capacity: ~ ~ W n/ £/~ S l~ IP/~ S'A'N ~t l/~- SUBJECT ON WHICH PERSON WISHES TO SPEAK 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, PLEASE FURNISH AN E%TRA COPY FOR COMMISSION FILE4. 'ihe Cnmmisslon will appreciate each speaker limiting an address on any one Item to flue minutes. Thank you for your cooperation. *** REGISTRATION FORM *** (FOR PERSONS WHO WISH TO ADDRESS THE COMMISSION) . 2 "~ `1 Date of Meeting Commission Agenda Item No, Name ~'e ~ r ~ ~-f~+e.~L ~t Qi {~ Address ~ ~ ~ $ o rddv ~r a u ~.- `~`~ ate. • House No. Street Clt IF SPEAKING FOR AN ORGANIZATION, Name of Organization: f ~~ And, J Speakers Official Cap Ity: ~t~ ~ ~ e SUBJECT ON WHICH PERSON WISHES TO SPEAK t~-d Quo uG-~ o ~ Cd*~O~.c ~~ u 5~ AP.I'vx~~ -{' (~ D¢,ya ~ , 0 P e - sG-~. c 1 r~ ~ef e~ (^*^#~'G.tti.. e,~.u-YG~, a Please remember to step to the podium as soon as you are recognized by the chair; hand your completed reglstratlon form to the presiding officer and state your name and residence before beglnntng your presentation. If you have written notes you wish to present to the Commission, PLEASE FURNISH AN EXTRA COPY FOR COMMISSION FILES. The Commission will appreciate each speaker limiting an address on any one Item to five minutes. Thank you for your cooperation. •