Loading...
HomeMy WebLinkAbout01/03/1985 - Minutes - Planning & Zoning CommissionMINUTES • CITY OF COLLEGE STATION, TEXAS Planning and Toning., Commission January 3, 1985 7:00 P.M. MEMBERS PRESENT: Chairman Hansen, Members Brochu, Martyn, Tongco, MacGilvray MEMBERS ABSENT: Members Stallings and Kaiser STAFF PRESENT: Assistant Director of Planning Callaway, City Engineer Pullen and Planning Technician Valk AGENDA ITEM N0. l: HEAR VISITORS No one spoke. AGENDA ITEM NU. 2: APPROVAL OF MINUTES - WORKSHOP MEETING GF DECEMBER 17, 1984 AND REGULAR MEETING OF DECEMBER 20, 1984. Mr. Martyn stated that in his opinion, the minutes from the workshop meeting were much too abbreviated and should, perh~~ps, be more inclusive. Other Commissioners agreed, with the decision reached that a note should be added to those minutes to indicate • that. the minutes are very abbreviated and that the tapes usESd to record the meeting should be used for any reference necessary. All Commissioners agreed that the minutes of the December 20t.h meeting were acceptable. Mr. Martyn made a motion to approve the minutes from the workshop with the note added, and to approve the minutes from the December 20th meeting as shown. Mr. MacGilvray seconded the motion which carried 4-0-1 (Tongco abstained). AGENDA ITEM N0. 3: 85--100: A PUBLIC HEARING ON THE QUESTION OF REZONING A 4.48 ACRE TRACT OF LAND LOCATED AT THE NORTHEAST CORNER OF THE INTERSEC`PION OF TEXAS AVENUE AND HIGHWAY 6 EAST BYPASS FROM ADMINISTRATIVE-PROFESSIONAL DISTRICT A-P TO GENI'sRAL COMMERCIAL DIS'i'RIC'P C-l. APPLICATION IS IN THE NAME OF JOHN W. HANEY, SR. Mr. Callaway located the tract, identified area zoning and uses, adding that the subject tract is vacant. He pointed out th:~t the area is reflected as office/commercial on the Land LTse Plan, and it is currently so zoned. He went on to state that although this requested rezoning does not. comply with the Land Use Plan, i~he area is located at an intersection of thoroughfares which d~~es comply with the City's commercial development policies, adding that with the request under consideration, there would be a 135 foot buffer area between the C--1 area and the existing R-1 area. • He then stated that if this request is approved, approval should be contingent on the filing of the subdivision plat as subm:i.tted P&Z Minutes • 1--3-85 page 2 by the applicant. Mr. Callaway then referred to a petition from the area residlents in opposition to this rezoning which had been included in tree packets the Commissioners had received. Questions were asked by the Commissioners regarding any possible pending litigation on this property and Mr. Callaway replied that as he understands it, there is pending litigation, the exact. details of which he was unaware, but explained the previous actions which included a petition from area residents, a land use study done by a committee and P&7., initiating rezoning in accordance with the study. Mr. Martyn asked what action this Commission had taken on a similar request approximately 6 months ago and Mr. Callaway replied that. the applicant had requested 6.9 acres of C-1 zoning and the t•equest had been denied by this Commission, afterwhi_ch the request was withdrawn by the applicant prior to being heard by the City Council. The public hearing was opened. Ron Cruse, 860a Creekview Court. came forward stating he was representing the owner at the os~rner's • request. He gave the background to the 1979 rezoning request, adding that since that time, the eastern portion of the tract has been sold and the current owner, Mr. Haney bought the land Frith C-1 and A-P zoning, and is now caught in the middle with the' City initiated rezoning of the land to A---P only. He then spoke of intended uses planned, adding that accessibility to Texas Avenue has been discussed with both the Highway Department and the City, and apparently the only opposition is from the area resident;s. Mr. Martyn asked how long this land has been owned by Mr. Hfiney and Mr. Cruse replied that he is unsure, but perhaps for 2-3 years. Mr. Cruse went on to add that Mr. Haney has possible plans to develop medical offices on the land if the hospital does develop to the south as proposed. Mr. MacGilvray stated the C-1 tract is larger than would be reyuired for a convenience stare and gas station and Mr. Cruse agreed that a project like thFtt would not take in the entire C-1 area. Mr. Hansen asked Mr.. Cruse if an attempt had been made to work with area residents and Mr. Cruse replied that he had met with 2 residents and went over the same presentation he is making tonight, and after that meeting has come to the conclusion that those residents could not be satisfied with any C-1 zoning at. all. He added that the residents contend, and rightly so, that any uses permitted in C--1 zaning districts would be allowable on this land if it is zoned to C-1. Mr. MacGilvray asked if there would be a curb cut ~~n Texas Avenue, and Mr. Cruse replied that there would be one., with • access through the tract taken from a private access easement, with another curb cut. onto the bypass feeder road and perhaps one P&Z Minutes 1--3-85 • page 3 more cut approximately `L50 feet back from Deacon and Texas Avenue. Mr. MacGilvray stated that the intersection there is very dangerous under current conditions, and that he tries t.o avoid it whenever possible. Mr. Cruse replied that there have been funds appropriated for changing this intersection to which Mr. Pullen concurred, adding that the intersection will be redesigned and signalized in the future. Gail Griffin, 108 Mile Dr.•ive came forward to speak in opposition to this request, adding that she has met with Mr. Cruse to talk about this request, and is aware of the pros and cons of they plans, but has remained in opposition to commercial. development on this property because of several things, all of which would be detrimental to the residential properties, most of which have been in the area in excess of 12-16 years. She then listed some reasons for opposition which included additional curb cuts in an area which has one of the most dangerous intersections in triis City, additional. traffic through this residential neighborhood on a street which will be inadequate for handling commercial traffic, additional noise and lights from both the traffic Bind the development itself, drainage problems which would worsen, and probable devaluation of the residential properties. • Mr•. Martyrs asked Mrs. Griffin if the petition presented represents 1001 of the residents of Mile Drive and she replied that it represents all households except one. Al Borman of 113 Mile Drive came forward stating he owns 2 7-ots on Mile Drive and is concerned about the development of the area and the future zoning of the entire area. He said he objects to Mr. Cruse's statement that this land is not a good A-P area as rit a previous Counc:i.l meeting he recalled it was stated that the area is not a good C-1 area and should be A-P. He went on to sa~r the residents had tried to work with developers in the past and had received a lot of promises, site plans with greenbelts and easements, and none have come to pass; and not only that, w~~thin 6 months of the time those plans were agreed to, there appearred a "For Sale" sign on the land, and it is his belief that the developer will reap profits from both the City and the residents. He went on to talk about what this area had looked like when he built his home, and how it looks now, adding that development with a lot of concrete will increase drainage problems which already occur in that area. He then spoke of traffic problems in the area and sight distance problems due to lack of maint.enfince by the City. He added that it must be kept in mind that an;/ use allowed in a C--1 zone would be allowed on this land i.f it is zoned C-l. Mr. MacGilvray asked Mr. Borman if he supports 'the ex:fisting A-P zoning and he replied that he does because offices would generate less traffic than commercial development, an~i • because t:he hours of this t.raff:ic would be in a time period more acceptable to the residents of Mile Drive. Mr. Hansen asked Mr. • • • P&Z Minutes 1-3--85 page 4 Borman if' any combi.nat.ion of A--P and C-1 would be acceptable to the residents, and he replied that as he recalls there had been one acceptable site plan in the past which allowed a strip of C-1 land along the frontage road, which did not concern the area. residents. Daniel Davis of 115 Mile Drive came forward and recalled that thet•e had previously been a tract of land approximately 1.3 acres in size which had been zoned C---1, with the rest of the land remaining R-1. An unidentified area resident spoke from the audience to say that. there would be some C-1 development the residents could live w:it.h, but, that he realized this is not possible to consider with a zoning request. Mr. Cruse pointed out from the audience that the C--1 tract had been annexed into the City as a ,junkyard, and at that time the existing use had determined the zoning. No one e:Lse spoke and the public hearing was closed. Mr. Martyn pointed out that in July 1982, staff and a study comm:ittee determined the best. use of that tract. would not bey commercial, and the decision was made to eliminate the C-1 ~;oning at that. particular location to comply with the Land Use Plans and to rezone the land to A-P. He added that in his opinion, at. some point, long established uses should take precedent over what. current zoning is in effect. He continued by stating that rezoning does in fact allow any approved use in a part.icular• zoning district; this item appears to come up approximately every 180 days; in June of 1984 this Commission denied a request Hrith the minutes reflecting that commercial development would not; be compatible with current uses and rezoning should not take place also clue to pending litigation. He went on to say that if <<nyone on this Commission wants to change his vote of 6 months ago, he must present a very strong reason at this time. Mr. MacGilvray pointed out that this request is slight..ly different. from that considered 6 months ago. Mr. Brochu pointed out that the area had not been platted then, and now there has been a preliminary plat presented. Mrs. Tongo stated that she has two major concerns with this area and those include additionaa traffic and additional flooding in an area which already has standing w~tter•, and she would not like to see additional problems created for the City. Mr. MacGilvray disagreed with Mr. Martyn's statement regarding established uses prevailing over existing zoning, listing as an example the existing trailer court, pointing out that: the City cannot say "existing uses which we like..." Mr. Martyn agreed that certainly there are black, white and gray areas, but in his opinion, this is definitely a black and white area. Mr. MacGilvray pointed out the residents COULD have Nought the land, and if' they had, they would then probably be of a different opinion. Mr. Hansen stated that there had been some P&Z Minutes 1-3--85 • page 5 site plans which had difficulties, but that he, personally, thinks that a C-1 use could be made on a portion of the corner, but the USE itself would be very important, therefore, it. would be difficult for him to rule in favor of this request. Mr. MacGilvray pointed out that perhaps in 10 or so years from now an acceptable C-1 use would be replaced, and went on to say that he wished the Legal Department. had a representative in the audience tonight, because some restrictions can be placed on development of the land which cannot be changed, and he thinks this could be done if the land changed hands again, but is not sure how that could work and would like advice from the City's Legal staff. After further, more general discussion, Mr. Martyn made a motion to recommend denial. of this rezoning request with Mr. Brochu seconding that motion. Motion carried unanimously (5-0}. AGENDA ITEM N0. 4: 85-300: PRELIMINARY PLAT - EMERALD FOREST PHASE 8. Mr. Callaway explained this plat and the subdivision i.t represents, adding that staff recommends approval with Presubmission Conference conditions. Mr. MacGilvray asked f'or clarification of item #1 regarding structures built to 100 3~ear flood plain standards. Mr. Callaway explained that this part. of • the subdivision lies in a major flood plain and this would tie requ:fired for access to the subdivision for emergency servicE~s, or, an alternate access to the subdivision can be provided Y~y the developer. Mr. MacGilvray asked if it. is a.ll right for Appomattox Drive to flood if alternate access is provided, ~tnd City Engineer Pullen replied that almost. every street in the' City will flood under certain conditions, and this note has been included because if this street should become flooded and there is no alternate access, the subdivision could be cut off from emergency service. Mr. Martyn asked who would be financial]_y responsible for construction of this and Mr. Callaway repliE~d that the developer would be responsible, with there being a possibility of City participation. Mr. Pullen then explainf~d ghat the Subdivision Ordinance provides for City participat~~~on, but the amount has never been determined. He also explainedi that in the 1983 bond election, some money was provided for some major structures. Mr. MacGilvray made a motion to approve this preliminary plat with presubmission conference conditions. Mr. Brochu seconded the motion which carried unanimously (5~-0). AGENDA ITEM N0. 5: OTHER BUSINESS It was decided to continue having P.H.C. meetings at lU a.m.. on Wednesday. • • • P&Z Minutes 1-3-85 page 6 Mr. MacGilvray announced that he would be out. of the country from February 7th thru May 7th. Mr. Hansen said he would be absent at the next meeting and requested Mr. Martyn to act as chairman. Mr. Pullen began a discussion of sidewalks in subdivisions, reporting that major arterials must have sidewalks according to ordinance, but that sidewalks along smaller streets were left to the discretion of the Cvmmission/Council. Mr. MacGilvray suggested that, a sidewalk be required along the inside lots along Spring Creek in this subdivision (Emerald Forest Phase 8), with Mr. Hansen stating he thinks development of sidewalks should be consistent with other phases of this subdivision. Mr. Martyn pointed out, that the item has already been voted on and passed without this stipulation, and Mr. Hansen suggested that staff discuss this with the developer. Mr. Martyn agreed, adding that. the opinion of this Commission should be passed along to thE~ developer with the possibility that sidewalks along this particular street may be required on the final plat. Mr. MacGilvray made a motion to adjourn wi.t,h Mr. Martyn seconding. Motion carried unanimously. APPROVED: ~~ ~~ Ray Ma tyn, Vi Chairman ATTEST: Dian Jones, City Secretary • PLANNING AND ZONING COMMISSION GUEST REGISTER DATE ~fI tivfl.PSl ~/' I98S^ Nf ADDRESS s ~ "'7 o 8. ~ ._ ., 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23 .~ 24. 25.