HomeMy WebLinkAbout08/01/1985 - Minutes - Planning & Zoning CommissionMINUTES
• CITY OF COLLEGE STATION, TEXAS
Planning and Zoning Commission
August 1, 1985
7:00 P.M.
MEMBERS PRESENT: Chairman Kaiser, Members Stallings, Brochu,
MacGilvray, Wendler & Paulson
MEMBERS ABSENT: Member Dresser
STAFF PRESENT: Assistant Director of Planning Callaway, City
Engineer Pullen, Assistant City Attorney Clar,
Planning Technician Volk, and Director of
Planning Mayo who arrived at approximately 8:30 p.m.
AGBNDA ITBM NO. 1: Approval of Minutes - aeeting of July 18,
1985.
Mr. MacGilvray made a motion to approve the minutes as presented. Mr. Brochu
seconded the motion which carried by a vote of 5-1 (Kaiser abstained).
AGBNDA ITBM N0. 2: Hear visitors.
No one spoke.
AGBNDA ITBM N0. 3: 85-116: A public hearing on the question of
• rezoning Lot 2R Courtyard Apartments subdivision located on S.H.3O
approxiaately 224 feet west of the intersection of Stallings Drive
and S.H.3O Eros A-P Adainistrative-Professional to C-N
Neighborhood Business. Applicant is Texans Joint Venture.
Mr. Callaway located the lot, explained area zoning and referred to size
restrictions of C-N zones, adding that although staff has no objections to C-N
zoning on this particular tract, this lot is over one acre in size, and as such
would be required to have a minimum lot depth of 250 feet. He pointed out that
this lot does not have the required depth, therefore, staff cannot recommend that
a C-N district be established which does not meet the depth requirements of the C-N
zoning districts, but would recommend a reduction in the size of this lot to one
acre or less which could be done by replatting the lot, or as the applicant has
suggested, by eliminating the easement along the east side of this lot from the
rezoning thereby accomplishing the required lot size without the time and expense
involved in replatting the lot. Mr. MacGilvray referred to Director of Planning
Mayo's often repeated statement that there is a lot of undeveloped commercial land
in the city which could be used without rezoning additional land, and Mr. Callaway
replied that is correct, but in this case, the applicant is requesting a change
from one type of commercial to another. Mr. Kaiser asked if a screen fence would
be required between this commercial development and the adjacent residential areas
and Mr. Callaway replied that a screen fence would be required between any
commercial development and existing residential development. Mr. MacGilvray
pointed out that the proposed plan of not rezoning the easement is not included on
the staff report, and Mr. Callaway replied that discussion of this proposal had
taken place with the applicant after the staff report had been distributed.
• The public hearing was opened. Jim Jett, trustee for the property and
representative of the group of owners came forward to explain that the proposedC-N
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• project for this lot will serve much of the neighborhood, as there is a large
number of apartments within walking distance; but it would, of course, serve others
simply because of its location on a highway. He said that the applicants agree to
the easement being excluded from the rezoning, that there will be no additional
curb cuts to Harvey Road, but they hope to get access to the neighboring apartment
complex. He said a 7-11 store is planned on this lot, as well as some other
project which will fit into the restrictions set forth in the C-N zoning
regulations.
Mr. MacGilvray asked if the Commission will have a review of the uses and Mr.
Callaway replied that it will, afterwhich Mr. MacGilvray made a motion to approve
this rezoning request with the stipulation that the access easement as platted on
the eastern side of this lot is not included in the rezoning, and will remain zoned
A-P. Mr. Wendler seconded the motion which carried unanimously (6-0).
AGBNDA ITBM N0. 4: 85-600: A public hearing to consider
petitions for annexation of two (2) tracts of land totalling 1.73
acres and described as follows: Tract A: A 0.68 acre tract owned
by the City of College Station and designated as a 371.23 foot
westerly extension of the right-of-way of the existing flock
Prairie 8oad along the northern boundary of the Southwood Athletic
Park facility; and, Tract B: a 1.05 acre tract of land owned by
the Boys Clubs of Brazos Valley, Inc. and located south of and
adjacent to Tract A. .
• Mr. Callaway located the tracts of land for which petitions for annexation have
been received, adding that there are no homes located within these areas. After
brief general discussion by the Commission, the public hearing was opened.
Larry Wells, representative for the applicants came forward to answer any
questions. Mrs. Stallings asked why annexation is being requested now and Mr.
Wells explained that the rest of the Boys Club land is located in the city, the
club has just completed a land swap with the former owner of this land, and they
now want this tract to be inside the city. No one else spoke. The public hearing
was closed.
Mrs. Stallings made a motion to approve these petitions for annexation with Mr.
Brochu seconding the motion. Motion to approve carried unanimously (6-0).
AGBNDA ITBM N0. 5: 85-709: A public hearing on the question of
granting a Conditional IIse Perait for a church facility with a
daycare center, a Christian school, a retireaent center, and an
outdoor recreational area to be located on a 10.357 acre tract
bounded by Glenhaven Drive, Doainik and the S.H.6 Bast Bypass
Frontage fload. Applicant is College Heights Assembly of Gad
Church.
Mr. Callaway located the land which is within the Glenhaven subdivision, pointed
out area zoning and the single family residentially developed land directly across
Dominik from this tract. He reminded the Commission that the site plan presented
at this meeting is conceptual only in nature, and the applicant is only requesting
• that his proposed uses be approved tonight, with a definite site plan to come back
to this Commission for approval at a later date. Mrs. Stallings asked if the
applicant would be likely to stay with this site plan if the uses are approved
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• tonight and Mr. Callaway replied the applicant could better answer the question
than he. Mr. MacGilvray asked if the parking, location and size of the buildings
could not be considered at this meeting, where did that leave the Commisson. Mr.
Callaway responded by stating it puts the Commission into a position of only
deciding if the proposed uses of this tract are acceptable, adding that a site plan
would be forthcoming for review and approval by this Commission at a later date.
The public hearing was opened. Calvin Durham, senior pastor of the College Heights
Assembly of God church came forward to act as spokesman for the church and
explained the plans the church has formulated to date. He referred to the
projected maximum numbers of people to be served by the various ministries being
proposed, adding that it is hoped that the conceptual site plan presented at this
meeting will be very close to the actual site plan, but what the church is really
interested in at this time is getting approval of the various uses proposed prior
to committing large sums of money on the actual development of permanent plans.
Mr. Durham-referred to the memo which accompanied the application and pointed out
that the church is planning various phases of development of the site, and is
requesting temporary access to Dominik for a 2 year maximum time period until
Glenhaven Drive is completed. He then addressed the possible objections to this
plan as follows: (1) Drainage: Stated that curbs and gutters as well as storm
sewers will be installed on Glenhaven Drive; that the street will be completed
within 2 years; (2) Noise: Stated the greatest noise in the area will come from
the existing Bypass, but agreed that a greenbelt could be planned between this
project and Dominik to help buffer noise; (3) Traffic: Stated that most of the
• traffic to this site will be from the Fast Bypass with the probability that only
local area residents will use the access to Glenhaven Drive and Dominik; (4)
Traffic Surges: Stated that surges would take place primarily at worship services
on Sundays and possibly on Wednesday evenings and the available access to 2
overpasses would help alleviate possible problems; (5) Daycare and School:
Indicated that these ministries would probably not cause any increase in traffic as
people already travel to daycare centers and schools in the area, and that perhaps
development of this site would help alleviate any existing problems as it provides
more immediate access to the Bypass; (6) Lighting: He would hope for help with
specifications from the City, adding that the aim of the church is to enhance the
area, and perhaps even help to deter crime in the neighborhood by providing
additional night lighting; and, (7) Property Values: This project should not hurt
property values in the neighborhood as the church plans to enhance and to beautify
the area.
Mr. MacGilvray stated that the drawing the applicant has been referring to is
different from those provided earlier to the Commissioners. Mr. Durham agreed
stating that some of the changes he has inked in on his drawing have come as a
result of talking with the City Engineer and the neighborhood residents, adding that
the church does not want the entrance to this project to be from the cul-de-sac on
Dominik, but would rather have an entrance from Dominik further to the west of that
location. He then said that an entrance off Dominik would not be absolutely
essential to the church's use of the property, but he would hope that at least a
temporary entrance would be allowed until Glenhaven is cut through and completed,
which the developer has indicated would take place within two years.
• Mr. Brochu asked for further explanation concerning the proposed retirement center,
including the number of people, the number of stories of the building, etc. Mr.
Durham said the specifics are unknown, but it probably would not be more than two
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• stories in height and would be located at the base of the hill; that it would be a
live-in type home with perhaps a recreational center and a worship center, but it
would not have a large dining room or medical facilities. He clarified by stating
that the exact location of the building has not been set.
Mr. MacGilvray asked what the liklihood is of this site being fully developed adding
that the membership of the church is only 300 now and this seems to be a rather
large undertaking. Mr. Durham replied that the church has been planning this
project far a long time, and believes the first phase will take place within 18
months.
Mr. Kaiser reminded the Commissioners and advised the audience that this Commission
can attach conditions above and beyond regular site plan approval including the
limitation of uses and development of each phase. Mr. Durham replied that the
church's commitment to developing the proposed ministries is very strong, and it
would hope that the Commission would not limit approval of the requested uses to
specific phases.
Hank McQuaide, 2101 Carter Creek, Bryan came forward to speak in favor of the land
use as a part owner and developing partner of the Glenhaven subdivision. He
confirmed that Glenhaven Drive will be put in within 2 years, and the developers
know there will be some additional traffic flow in the area, but believe that
additional traffic will not be generated primarily from the church project.
Phil Hobson of 1608 Dominik came forward to speak against this Conditional Use
• Permit, adding that he has been chosen to represent all 9 area residents adjacent
to this land (across Dominik). He handed out a memo to all Commissioners which
addressed specific concerns of the residents including traffic congestion, sound,
lighting, aesthetics, drainage, decreased property value, compliance to
comprehensive plan, the resemblance this project would have to commercial
development, and the lack of need for this type of project in the city. A copy of
this memo is attached to these Minutes. He then highlighted the neighborhood's
concerns, emphasizing the already existing drainage problems in the area, which
City Engineer Pullen confirmed by explaining that some of those homes are built in
the 100 year flood plain.
Mrs. Stallings asked Mr. Hobson if there is complete opposition to this, or if
something could be worked out and Mr. Hobson said that the residents had been given
no chance to work anything out with the church as the pastor had only contacted
some of the residents 2 days ago, but added that trees and a greenbelt would not be
enough to buffer this proposed project from the residences, and the neighbors felt
like at least a full city block of residential development should separate their
homes from a project of this magnitude.
Mr. Brochu said the traffic to Dominik could be controlled with no access to
Dominik, reminded everyone that this is a conceptual plan only and with
compromises, parking and recreational facilities could be moved, and the church
seems to be willing to compromise. Mr. Hobson said that all compromises would have
to be on the part of the. area residents. Mr. Kaiser asked if access to Glenhaven
and Dominik were precluded would the area residents still oppose this proposal and
Mr. Hobson answered that they very definitely would, as there would still be the
• large, paved parking lot, the additional sound and the lights; adding that it seems
to him the church is not interested in having only a church on that tract. Mr.
Wendler said he believed if brick and concrete screening fences were erected a few
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• feet back from the property line with utilization of low level lighting, this
project would not have an unfavorable impact on the existing residences. Mr.
Hobson stated that would still not make it an acceptable plan, as the residents
could see over the fence, and maintenance of landscaping and fences in this city
has been lacking on many projects. Mr. Brochu asked again about the reference made
to drainage under the Bypass and City Engineer Pullen replied that some of the
homes are in the 100 year flood plain, and if the water backed up under the Bypass,
the homes would surely be affected.
Ann Hazen, 1205 Munson came forward to speak in opposition to this project, adding
that she was very aware of both the development and the zoning of the area because
she had served on both the Planning and Zoning Commission and the City Council when
these subjects had been studied. She went on to explain that any changes in the
plans developed for that area now would be in direct opposition to previous
regulatory bodies' decisions.
Rudy Freund, 1508 Dominik came forward to speak in opposition to the project citing
the probability of flooding of the existing homes in the area if this site is
developed as proposed, and the belief that this proposal represents a commercial
establishment rather than a church, specululating that if someone would come in
with a rezoning request to change the tract to commercial zoning, it would not even
be considered.
Mr. Kaiser stated that a Drainage Committee has been formed and an engineering firm
has been hired to study the various drainage basins in this area, but that no
permanent answers have been reached regarding what is to be done to control
flooding, nor where the money will be derived to make any recommended changes.
Tom Comstock, 1700 Dominik came forward to speak in opposition to this proposed
complex stating that retaining property values of the residences along Dominik are
of primary interest to him, and he would not want anything across the street but
single family residences.
Hank McQuaide came forward again to address the concern over drainage problems
explaining that a contractor had cut Glenhaven Drive through without the planned
terracing which caused water to flow where it had never gone before when the
residents had felt threatened by water in their yards, adding that this had been
done in error, and had since been rectified. He stated that any type of
development would include storm sewers, adding that it has been his experience that
metering of water runoff is easier to control from a parking lot than it is from
single family residences. Mr. Kaiser asked Mr. McQuaide if, in his opinion, this
tract is the best site available in Glenhaven for this project to minimize noise
and traffic in the neighborhood and Mr. McQuaide replied that there is another
tract on a commercially zoned corner which might be as good a location, but added
that he does not believe any heavy traffic will be added to Dominik and then
disagreed with the expressed realtor's opinion that there would be a 20X reduction
in property values if this project is developed, as the appraiser he had consulted
had indicated there would be no drop in property value.
At this time, Director of Planning Mayo arrived at the meeting. George Bass came
forward to address the fact that Commissioners change periodically and if uses on
• this project are approved step-by-step, problems for future commissioners might
become extremely difficult to solve. Mr. Mayo explained that only uses are being
considered tonight and the actual site plans} would have to be approved by the
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• Commission after the specific allowable uses are approved, and each time this
project is considered by the Commission, the area residents will be notified and
notices will be placed in the newspaper, just as has been done for this hearing.
Mr. MacGilvray asked if rezoning would be required to allow a retirement center and
Mr. Callaway replied that would depend upon exactly what type of retirement home is
planned. Mr. Kaiser asked if access conditions can be attached by this Commission
and Mr. Mayo replied that question should be addressed to the Legal Department as
access is normally controlled by the City Engineer. Assistant City Attorney Clar
replied that it appears that ordinance would allow the Commission to attach access
conditions to a conditional use permit, but added that he is only basing his belief
upon interpretation of the ordinance, adding that before he could give a definite
answer, he would have to study case law, etc. Mr. Pullen spoke at this time to
state that he agrees with Mr. McQuaide regarding runoff from a commercial parking
lot being more easily controlled than runoff from single family residential
development. Mr. MacGilvray stated that this church is not simply just a church,
and he wonders if the neighbors would object to only a church. He then asked Mr.
Hobson if he could answer if the main objections were to "commercial" development,
and Mr. Hobson said the objections would not be as strenuous, but the residents
would still not want to be looking out over a parking lot.
Mr. Paulson stated that it appears that neighborhoods in general do not want
churches and schools and daycare centers in the neighborhoods, and it seemed a
shame to him that this is happening. He stated also that drainage could be better
controlled on developed land than on undeveloped land. Mr. MacGilvray disagreed to
• a certain degree with Mr. Paulson, stating that the real question appears to be
whether or not the city itself should allow these uses in a residential area. Mr.
Kaiser reminded everyone that this proposed facility is actually on the Bypass, and
2 other churches have been built in recent years along the Bypass, and still
another church on Welsh backs up to a residential neighborhood. Mr. Brochu stated
that this is a well, established, older, true neighborhood and new development of
this nature in this neighborhood is not the same as new development in a newer type
neighborhood, and he personally believes there are better places for this
particular development, and further, if there were a motion to deny this request,
he would be in favor of denial.
Mr. MacGilvray stated that to a certain degree only, he agrees with Mr. Brochu
about the differences in neighborhoods. Mr. Wendler stated that he believes this
pastor has demonstrated honesty and willingness to cooperate, there are ways to
provide serious buffering, it seems runoff can be controlled, and the developer
does not seem to think this project will hurt the value of his remaining property,
therefore he believes consideration should be given these facts.
Mr. Brochu then made a motion to deny this request for conditional uses as listed
on the application. Mr. Wendler seconded the motion to deny.
Mr. Paulson suggested perhaps a larger greenspace could be developed. Mr. Kaiser
said he is troubled by the scope of this project and does not know if he can
support one of this magnitude. He added that he is not troubled by developing a
church on this site, as he does find a precedent of locating churches in
residential neighborhoods, and believes that a compromise can be reached in this
• case. Mr. Brochu said this does not answer the church's question tonight; they
have requested an answer on these uses they believe they need. Mr. Wendler agreed
that a definite answer is in order tonight rather than a "maybe so, come back" and
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• does not believe in this case a compromise would be a good idea.
Votes were cast and the motion to deny failed by a vote of 2-4 (Kaiser, Stallings,
MacGilvray and Paulson voting against).
Mr. MacGilvray suggested that a motion to table might be in order so the church and
the residents could get together and discuss a possible compromise. Mr. Kaiser
pointed out that since the motion to deny failed, the other options open are to
table or to move toward an affirmative response to this request. Mr. Paulson said
that if this is buffered well it could be a decent site, but that he is against
the conceptual plan which has been presented tonight. Mr. Brochu pointed out the
applicant could always come back with another request.
Discussion waned and Mr. Brochu made a motion to table this request until the first
meeting in September. Mr. MacGilvray seconded this motion. Votes were cast with
the motion to table carrying by a vote of 5-1 (Paulson against).
AGBNDA IT$M N0. 6: Other business.
CJ
There was no other business.
AGBNDA ITBM N0. 7: Adjourn.
Mr. Brochu made a motion to adjourn. Mr. Wendler seconded the motion which carried
unanimously (6-0).
APPROVED:
- -------- - - -------
Chairman, Ronald Kaiser
•
ATTEST:
------------------------------
City Secretary, Dian Jones
7
./~ +~.
July 31, 1985
•
MEMORANDUM
T0: College Station Planning and Zoning
FROM: The Residents of Dominik Drive, College Station, Texas
SUBJECT: College Heights Assembly of God's Application for a Conditional
Use Permit on a 10 Acre Plot of Ground Zoned R-1 along Dominik
Drive in College Station.
I am Dr. Phil Hobson, representing the following nine families, the
Comstocks, the Basses, the McConnells, myself, the Kramers, the Landmans, the
Van Devers, the Freunds, and the Arbuckles, (stand) on the lower end of
Dominik Drive. The families are the one's most affected by the proposed
change of use of the land adjacent to Dominik Drive
When several of us arrived here and purchased our new homes along Dominik
Drive over 20 years ago, we were assured that this was a highly restricted
residential area and would remain so. We were told that the then young city
of College Station had the foresight to initiate a zoning ordinance which
would protect those individuals, especially on the fringe of a development, by
bringing all new developing acreage into the city, zoned single family
• residential. Since that time, we have had to defend our properties twice
previously against the encroachment of apartment complexes and business
establishments, which have included this same tract of land.
We are not against change and certainly not against anyone's right to
request a change. We are definitely, however, against any change which would
benefit one individual at another's expense. The city fathers, in their
wisdom, have agreed with us in the past.
Our unanimous objections to this proposed change consist of the
following:
Traffic congestion: The projected number of worshipers for the
Sunday morning and Wednesday evening services has been set at 900. The
Monday through Friday day care service has been projected for 100
children. The day school attendance has been projected at 200 children.
The day care service and day school enrollment, potentially involve
multiple trips per day by the parents to and from the facility. The
retirement center facility would add additional traffic. The
recreational area, as it's proposed, is immediately adjacent to Dominik
and may involve extensive additional traffic, depending on use, by both
automobiles and bicycles. The traffic congestions on the frontage road
of the east by-pass and hwy 30 at times is already very bad, and could be
expected to be much, much worse.
Sound: The sound generated by all this traffic, 900 worshipers
• coming and going and 300 children playing would probably exceed
considerably, that of a commercial zoning.
/ ~.
Lighting: It is assumed that the parking lot would be lighted
extensively as well as the recreational area. If this should be the
• case, the light itself would be quite objectionable in the quiet
residential neighborhood.
Aesthetics: The proposed plan shows extensive parking lot
development immediately adjacent to Dominik. This means that we would be
looking out our front windows onto a parking lot. Depending upon the
recreational area use, it quite possibly would mean, also, looking out
onto a playground, ball diamonds, etc..
Drainage: The development, to this point, has created extensive
drainage problems for several of the residents. These have been
rectified to a large degree. Paving of a large share of 10 acres,
however, could present catastrophic problems. One of our group has
visited with the city engineer, who expressed the concern, that if this
amount of land is developed, that the culvert under the east bypass will
not be able to carry the run off. If such is the case, then his house
and many others may be flooded.
Decreased property value: Approximately one-half of the property
owners here are, or have been, involved with residential real estate
sales. Thus, they are familiar with the effects of this type development
on the adjacent property value. In order to be impartial, however, the
largest family home real estate agency in the area was contacted. Their
opinion was, that you immediately eliminate the majority of the buyers
for this price range home. They would not buy a home adjacent to this
type development, at any price. In their opinion, the financial
• sacrifice to the owners of these homes would be about 20%, or
approximately $20,000 to $30,000 each, or a total of $180,000 to
$270,000. These are all very fine homes with all of the lots being extra
large. Most of the lots are approximately
100' X 300'.
Comprehensive Plan: The comprehensive plan for the next 20 years
and beyond, recommends that this area be zoned for single family
residencies. It further specifies that the city "will continue to
reserve appropriate close-in areas for single-family development in the
future, that the city will discourage the location of high intensity
development which will place undue traffic burden on fronting streets,
discourage commercial activities in locations where they would present
conflicts due to traffic, noise, lights, or other high activity levels,
control development and regulate activities as necessary to provide a
beautiful, safe, amenable environment for all citizens, and protect the
integrity of single family residential areas."
Resembles Commercial Development: The projected gross income from
this development (not including the church) would be: 100 day care
children at $2,400 per year (my stepson at Frills and Freckles) _
$240,000; 200 school children at $1,600 per year (Brazos Christian
School, College Station) _ $320,000; retirement center - (projections not
given but 100 inhabitants not unlikely - Waldon Retirement Center to
include 180 inhabitants at a charge of $12,000 per year) if 100
inhabitant figure is used at $12,000 per year, the projected gross income
would be $1,200,000. The total projected income would then be in the
range of $2,560,000.
,!
Need: There are 8 private schools in the Bryan-College Station area
for children beyond kindergarten, Several of these schools are in the
College Station area and are religious related schools. There are 40 day
care centers in the Bryan-College Station area, a high percentage, of
which include a nursery school and kindergarten and are located in
College Station. Waldon Retirement Center is scheduled to open soon,
Several of their facilities are available for the retired, with and
without nursing care. Several of the above facilities were checked and
all of those checked had plenty of openings.
It is our understanding that the existence of a Conditional Use
Permit is a mechanism whereby the specific needs of a given community can
be met, regardless of the zoning. We do not feel that a need for these
facilities has, in any way, been demonstrated. For this and the above
stated reasons, we therefore request that the Conditional Use Permit be
denied.
Thank you
PLANNING AND ZONING COMMISSION
•
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SUBJECT ON WHICH PERSON WISHES TO SPE~IE--,
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The Commisslon will appreciate each speaker limiting an address on any one
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•