Loading...
HomeMy WebLinkAbout11/07/1985 - Minutes - Planning & Zoning CommissionMINUTES • CITY OF COLLEGE STATION, TEXAS Planning and Zoning Commission November 7, 1985 7:00 P.M. MEMBERS PRESENT: Chairman Kaiser, Members MacGilvray, Wendler, Paulson, Brochu and Dresser MEMBERS ABSENT: Member Stallings STAFF PRESENT: Director of Planning Mayo, Assistant Director of Planning Callaway, Assistant City Engineer Smith, Assistant City Attorney Clar, Zoning Official Kee and Planning Technician Volk AGBNDA ITBM N0. 1. Approval of Minutes - Meeting of October 17, 1985. Mr. MacGilvray made one correction to the minutes; that was changing the listing of Commissioners under Agenda Item No. 11 to reflect that only he and Mr. Dresser would be meeting with the Assistant Director of Facilities Planning. Mr. Wendler made a motion to approve the minutes with that change; Mr. MacGilvray seconded the motion which carried 5-0-1 (Paulson abstained). AGBNDA ITBM N0. 2. Hear visitors. No one spoke. • AGBNDA ITBM N0. 3. 85-122: A public hearing on the question of rezoning an 8.95 acre tract of land located on the north side of the proposed extension of Holleran Drive approxisately 1500 feet east of Lassie Lane, frog A-P Administrative-Professional to C-1 General Co»ercial. Applicant is Jases B. Jett, Trustee. Mr. Callaway explained the request, located the tract and pointed out area zoning and uses. He explained that the area is reflected on the land use plan as high density residential with office-commercial uses to the north, but that since the adoption of that plan in 1982 there have been several changes in conditions in this area, those including establishing 36.69 acres of C-1 zoning and 15.52 acres of A-P zoning in 1984; the increase in the width of the extension of Holleman Drive from 39 feet in a 60 foot R.O.W. to 47 feet in a ?0 foot R.O.W. with sidewalks on both sides; and a potential change being the possible extension of Stallings Drive from SH 30 south to Holleman which would create a new intersection at Holleman with this tract then having frontage on both Stallings and Holleman. He pointed out that there are no land use or zoning conflicts with this request, all adjacent tracts are currently zoned C-1, A-P, or R-6, that the subject tract has adequate depth and area for commercial zoning, therefore staff has no opposition to this request as approval of it will not substantially change zoning patterns in this area. Mr. MacGilvray asked about the original request on this tract and Mr. Callaway replied that there have been several requests on this tract, but the last request which was approved was for A-P. Mr. MacGilvray then asked if staff has any concern • about the flood plain on this tract and Mr. Callaway replied that A-P or C-1 development would be equal in effect and staff has no particular problem with either. Discussion followed concerning the perimeters of this tract, area zoning P&Z Minutes 11-7-85 • and uses and effect on the flood plain. The public hearing was opened. James E. Jett, applicant came forward and explained the history of past rezoning requests and development plans as they were at those times. He then spoke of the possible plans to extend Stallings, stated this rezoning request comes without a specific use in mind, but with an attempt to blend with existing adjacent/area zoning and allow him to more effectively plan development of the entire area. Mr. Kaiser asked for clarification regarding the possible future rezoning request regarding the tract to the north. Mr. Jett explained, adding that he knows nothing definite, as he is not the owner of the land. Mr. Kaiser, Mr. MacGilvray and Mr. Jett discussed how the flood plain will be affected, and how the flood plain will affect development. Jim Gardner then came forward to oppose this request because he has hopes that some streets in the City could be free of commercial development. No one else spoke. The public hearing was closed. Mr. Brochu said that because not much of this tract fronts on Holleman, he does not think that this rezoning would have a major impact, and it even seems that it might tidy up a "block". Mr. Kaiser stated he is bothered by the location of the flood plain and the effect C-1 development will have on the natural vegetation in the area. Assistant City Engineer Mark Smith stated that the same regulations would apply in either A-P or C-1 zoning districts regarding increase of runoff or velocity increase, adding that it would be better if the flood plain were developed • in an overall plan rather than in bits and pieces. Mr. Wendler stated that in his opinion, an appropriate land use in this area other than a natural park would be hard to choose. Mr. Paulson said solutions to development in the flood plain can be worked out and compliance to rules will have to be followed, adding that he does not believe any other type of development will take place at that location. He then pointed out that the Drainage Committee has not yet set standards on types of channels to be used. Mr. Jett spoke from the audience and addressed drainage/channelization plans for this area where the flood plain will be changed. Further discussion followed concerning the impact on the flood plain which will take place with development with Mr. MacGilvray reiterating his belief that the City is heading in the wrong direction when it allows any type of development in the flood plain, after which Mr. Paulson stated his disagreement with that belief. Mr. Paulson then made a motion to approve this rezoning request with Mr. Wendler seconding the motion. Motion to approve carried by a vote of 5-1 (Kaiser against, who then explained his dissention is based on concern of possible impact on the flood plain. AGBNDA ITEM N0. 4. 85-123: A public hearing on the question of rezoning a 10.03 acre tract of land located on the south side of Rock Prairie Road, east of and adjacent to the Bel,ont Place Section Two subdivision, frog R-4 Low Density Apartsents to C-1 General Cos~ercial. Applicant is Area Progress Corporation. • Mr. Callaway explained the request, identified area zoning and uses, and pointed out the proposed Humana Hospital site is adjacent and to the west of this tract. He added that the subject tract is vacant and is reflected as commercial 2 I I P&Z Minutes 11-7-85 • and medium density residential on the land use plan. He stated that staff recommends approval of this request because of its location, that being between the Humana tract to the west and a C-2 area to the east, as well the fact that the subject tract has adequate depth, area and access for commercial development. Mr. Kaiser asked what types of development could take place in C-1 which would not be allowed in A-P and Mr. Callaway explained. The public hearing was opened. No one spoke. The public hearing was closed. Mr. MacGilvray stated he personally has no problem with this request. Mr. Wendler made a motion to approve this request with Mr. Brochu seconding the motion. Motion to approve carried unanimously {6-0). AGBNDA ITEM N0. 5. 85-717: A public hearing on the question of granting a Conditional Use Persit for a 140 unit personal care facility for asbulatory adults over the age of sixty-five on a 7.825 acre tract of land located between and fronting on Doainik Drive & University Oaks Boulevard, appx. 500 feet east of Hyle South. Applicant is the College Station Retireaent Association, Ltd. Mr. Callaway explained that this project is a convalescent home as defined by the City's zoning ordinance and is therefore required to have a conditional use permit. He explained further that conditional use permits are granted by the Commission subject to appropriate conditions and safeguards when the Commission finds the proposal meets certain criteria listed in Section 10 of Ordinance 850. He informed • the Commission that the revised site plan presented meets all conditions set by the P.R.C. at its review on 10-23-85, therefore staff recommends approval of this conditional use permit/site plan as presented. The public hearing was opened. Tim Chinn, Kling Engineering came forward as representative of the consulting engineering firm for the applicant and introduced Saralee Lewis and Gilbert Gallego who were in attendance representing the applicant. Ms. Lewis explained what would be included in this facility and why this location was chosen, supplying information while referring to a site plan. Mr. MacGilvray asked if this project would be completed in phases, and Ms. Lewis answered that 4 phases are being planned. More questions followed regarding who would be living in this facility and Ms. Lewis explained that it is not being designed for people who need a great deal of medical attention, although medical personnel would be in attendance, but it is meant primarily to house older people who are still able to care for themselves. Tenants with cars was discussed, with Ms. Lewis stating vehicles are allowed, but tenants are encouraged to use the facility's transportation. Mr. Callaway explained that the parking provided exceeds the requirements set forth in the ordinance. Discussion followed regarding whether or not the shops included in the "core" area of this facility could be allowed with Mr. Callaway explaining that the shops would represent a minor part of this facility, and would be available for use by tenants and their guests only (as apposed to use by the public), therefore would be no problem with a conditional use permit. No one else spoke. The public hearing was closed. Mr. Wendler made a motion to approve this conditional use permit with P.R.C. conditions. Mr. Dresser seconded • the motion which carried unanimously (6-0). 3 P&Z Minutes 11-7-85 • MR. KAISER EXERCISED CHAIR'S PREROGATIVE AND MOVED AGENDA ITEM N0. 8 TO THIS POSITION ON THE AGENDA. AGENDA ITBM N0. 8. A public hearing on the question of amending the College Station Code of Ordinances to include a section relating to newspaper dispensing devices. Assistant City Attorney Clar explained .the background which led to the preparation of this ordinance as being that early this past summer the City began receiving complaints from citizens about newspaper dispensing devices which had been placed in various locations. He said staff had determined that an ordinance controlling the location of these devices would be the best way to handle what appeared to be a problem, and after doing some research on other ordinances, had also determined that an ordinance which would not prohibit these devices, but simply control the location of the devices so that they would not be allowed in low density residential zoning districts or developments, in sight distance triangles, on private property without written permission of the property owner, within 5 feet of any fire hydrant or other emergency facility, on paved areas which reduced passageway for pedestrians to less than five feet or at any location where it would overhang or rest on the curb or roadway would be the best solution. Neither could they be chained to signs, utility poles or other City structures under this ordinance. Discussion followed regarding liability insurance, similar ordinances in other cities, safety of residents with regard to the sight distance triangle, concern • about the First Amendment Rights newspapers have, and the number of complaints received (with no exact number given by staff). Mr. Paulson stated that if the complaints received numbered less than 100, they represent only a very small percentage of the total population. Mr. Dresser asked why it has been determined that this ordinance is necessary, and asked if it has been determined that these devices represent a safety hazard to the public. Mr. Kaiser said if these devices represent a safety hazard to the public he thinks some type of regulation would be acceptable, but he said he could not back an ordinance which regulated location on private property in entire zoning districts. Mr. Paulson agreed, but added that newspaper companies should have no more rights than anyone else. The public hearing was opened and no one came forward to speak in favor of the ordinance, but various state and local newspapers were represented by the following people who all spoke in opposition to this ordinance: Skip Schneider, Circulation Director of the Bryan-College Station Eagle; Gordon Gallatin, Circulation Director for The Houston Post; Ed Carne of the Dallas Morning News; Ray Denton, State Advisor for the Houston Post; Frank Davis of the Brazos Valley News Service and an unidentified speaker from the audience. All of the above listed people stated that an ordinance controlling the location of newspaper racks represents a violation of the First Amendment Right of newspaper companies; that the $5.00 fee for a permit for every location of a newspaper rack represented a cost which is prohibitive to a firm; but all agreed that if there was a complaint from either a citizen or the City regarding the location of one of the racks, each newspaper company represented here tonight would work with the City in satisfying the complaint. All agreed that they believed this ordinance would violate the newspapers' first amendment rights, but all also agreed that they were concerned for the health, safety and welfare of • the citizens of this community, and would cooperate with the City regarding the location of these rack, but believed this could be handled without an ordinance, adding that many of these ordinances have been struck down all over the United 4 P&Z Minutes 11-7-85 • States, further adding they would rather not have to test an ordinance but would be willing to if necessary. Number of complaints received was discussed with Mr. Gallatin of the Houston Post replying that his company had received approximately 10 complaints regarding the location of its racks, and after working with the City, all racks were moved to locations recommended by the City. After a rather lengthy question and answer session with each of the above named persons, no one else spoke and the public hearing was closed. The Commissioners discussed the ordinance, voicing questions as to exactly why this ordinance had been prepared, concluding that it had been done apparently without a study to determine whether or not there was a need for the ordinance, but rather prepared following complaints which did not apparently address public safety. Further discussion followed regarding just how to act on this ordinance; whether to table it to allow staff time to rework it, to forward it to council, or to reject it. Mr. Paulson asked if this Commission could ask Council for guidance as to whether or not this ordinance is needed. Mr. Dresser said he is not convinced the City has a problem which needs to be addressed, and then made a motion to reject this ordinance as being unnecessary at this time. Mr. Brochu seconded that motion. Mr. Wendler likened these devices to those of campaign signs which are regulated as to locations allowed, stating that he is not sure these racks should be treated differently. Mr. Brochu stated campaign signs were covered under the Sign Ordinance • after a study by conducted by P&Z, Council and citizens, adding that he believes first it should be determined if there is a problem, then that problem should be addressed. Mr. MacGilvray agreed, stating that staff apparently acted without direction from a public body, but rejection of this proposal will not kill a problem if there is a problem. Votes were cast, and the motion to reject this ordinance carried 4-2 with Kaiser and Wendler casting dissenting votes. AGBNDA ITEM N0. 6. 85-311: Preliminary Plat - Windwood Phase 6. Mr. Callaway located the tract of land, referred to the Presubmisson Conference conditions, adding that they had been met on this revised plat, and stated that staff recommends approval as shown. Mr. Paulson referred to the condition on the report that states that setback lines are regulated by ordinance and stated that he does not think the City should try to regulate how professionals do their jobs. Mr. MacGilvray pointed out that setback lines are subject to change and that a plat is a matter of record. Mr. Mayo stated that the reason for this condition in this particular case is because this is a corner lot and the applicant was not sure how his building would face, therefore did not know what would be the front and what would be the side setback. Mr. Paulson explained his concern comes from his knowledge of a company involved in a lawsuit because setback lines were indicated by a note rather than a physical line on a plat. Mr. Mayo said that an engineering firm can put whatever it wants regarding setback lines on a plat in most instances, but the City will enforce only what its ordinances require. Mr. Paulson clarified by stating that he simply did not want this particular plat requirement to set a • precedent for future plats. Mr. Dresser made a motion to approve this plat with Presubmission Conference 5 P&Z Minutes 11-7-85 • conditions. Mr. Brochu seconded the motion which carried unanimously (6-0). THE CHAIR AGAIN EXERCISED ITS PREROGATIVE TO CHANGE THE ORDER OF THE AGENDA, ANNOUNCING THAT THE NEXT ITEM TO BE CONSIDERED WOULD BE ITEM N0. 9. AGBNDA ITBM N0. 9. Consideration of the University Drive Land Use Study and reco,~endations. Mr. Callaway briefly explained that the study and report came as a result of direction by Council to conduct the study following pressure by numerous applicants for C-1 zoning along the eastern part of University Drive and one actual rezoning to C-1 in that area. (Please refer to actual study included with these minutes). Mr. Wendler asked if this report proposes rezoning in the area or if it is to be used for simply putting people on notice. Mr. Brochu explained that there will be no rezoning as a direct result of this study, but that the committee had been asked to look at the area because of the repeated requests for rezoning on certain tracts, and this report either confirms the existing plan or recognizes changing conditions in the area which might cause a change in the plan. The study itself is to serve as a guideline should a rezoning request came up in the future. Mr. Callaway explained that this report does not recommend changes in the adopted Land Use Plan, and the committee and staff would only ask this Commission to endorse the report or endorse it with any modifications it decides on. The report will not be sent to Council for formal consideration as was the East Bypass Land • Use Recommendations, but would simply be forwarded to Council for its information and to supplement the Land Use Plan as adopted. Mr. Paulson said that because he had not had time to thoroughly study this report he would simply abstain from voting if the rest of the Commission was ready to vote on endorsement. Mr. Dresser stated that he is comfortable with the report; Mr. Wendler said he is ready to endorse it. Mr. Wendler then made a motion to endorse this report to be used as a general guideline by staff in evaluating rezoning requests in this area; that staff should furnish this information to developers considering requesting rezoning in the area, and that this Commission should reference this report as a document to supplement the Land Use Plan as adopted when considering rezoning requests in the area; and further that this report should be forwarded to Council with this Commission's endorsement. Mr. Dresser seconded the motion which was approved by a vote of 5-0-1 (Paulson abstained for reasons mentioned above). AGBNDA ITBM N0. 7. 85-804: Consideration of an ordinance a,ending and superceeding Ordinance No. 850, the Zoning Ordinance. Mr. Kaiser referred to his memo (attached to these minutes) and requested the Commission to consider each item listed and take action so that the revised Zoning Ordinance can be forwarded to Council with the Commission's recommendation to approve, advising that notice will follow that the Commission has accepted or • rejected the language proposed by staff on these particular paints. Mr. Dresser said he would personally like to see the ordinance read as this Commission want prior to sending it to Council. Discussion followed on the various points listed 6 P&Z Minutes 11-7-85 • in the memo with Mr. Paulson questioning why staff kept in the requirement of the 6 foot screen fence around satellite dishes when this Commission had expressed its desire to see that requirement deleted. Mr. Mayo explained that staff would point out the Commission's recommendation when the document is forwarded to the Council. Mr. Paulson expressed a desire to see the language changed to reflect what this Commission recommends, with staff pointing out what they would like to see in a separate memo. Mr. Kaiser stated then that he would like for the Commission to consider changing the conditional use permit requirements for daycare centers to increase the number of children allowed in daycare facilities without a permit from the current 3 to 6 to follow the current state and local permit regulations. Discussion followed with Mr. Kaiser suggesting that anything under 7 children could be termed "babysitting in the home" as opposed to daycare which can be regulated by other state and local regulations. Mr. MacGilvray said he likes the idea of allowing up to 6 children in a home daycare facility without requiring a use permit, but then to prohibit taking care of more than 6 children in the home altogether. Mr. Kaiser said he would prefer to allow up to and including 6 children to be cared for in the home without requiring a use permit, but if more than 6 are requested, to follow the same Conditional Use Permit regulations which now are in use. It was decided by the Commission to go through the memo step-by-step and to vote on each point. Results are as follows: 1. Home Occupations - Paulson moved to approve the language staff has proposed and • included in the revised ordinance. Wendler seconded the motion which carried unanimously (6-0). 2. Family - Paulson moved to approve the definition offered by staff which has been included in the revised ordinance. MacGilvray seconded the motion which carried unanimously (6-0). 3. Satellite Dish Antenna Definition - Paulson moved to approve the definition of satellite dish antenna as proposed by staff and included in the revised ordinance. Dresser seconded the motion which carried unanimously (6-0). 4. Satellite Dish Antenna Regulations - MacGilvray made a motion to direct staff to delete the 6 foot screen fence requirement in the revised ordinance prior to forwarding the ordinance to Council. Paulson seconded the motion which carried unanimously (6-0). 5. Definition of Child Care - Change to reflect "any facility or premises where seven or more children under sixteen (16} years of age regularly attend for the purposes of custody, care, or instruction; and which children are not members of the immediate nuclear family of any natural person actually operating the facility or premise." Mr. Paulson made the above motion; Mr. Brochu seconded. Motion carried unanimously {6-0). 6. Appeals of Conditional Use Permits - Mr. Wendler made a motion to change the language on how to appeal (the actual mechanics, forms and language} decisions of the P&Z, coordinating the language used with the City Secretary. Mr. Brochu • seconded the motion which carried unanimously (6-O). 7. Citation authority - Mr. Wendler made a motion to incorporate the language used 7 P&Z Minutes 11-7-85 • in the Sign Ordinance regarding citation authority into this zoning ordinance before the ordinance goes to Council for consideration and approval. Mr. Dresser seconded the motion which carried unanimously (6-0). 8. Buffering - After lengthy discussion regarding suggestions received from people other than Commission members, the P&Z decided to make no additions or changes to the existing language of the proposed ordinance, citing the introduction of this ordinance and the definition of R-1 Single Family Residential Zoning District as being adequate protection of R-1 development/districts from adjacent undesireable uses. Staff was then instructed to send the proposed zoning ordinance to the City Council with a recommendation of approval as submitted, but without the inclusion of the ordinance for the Northgate Zoning District or the Commercial Planned Unit Development District until after public hearings are held and recommendations made on those sections by P&Z. Mr. Dresser made a motion to recommend approval of the proposed zoning ordinance to the City Council, subject to the changes discussed and voted on at this meeting and as listed above. Mr. Wendler seconded the motion which carried unanimously (6-0). AGBNDA ITBM N0. 10. Other business. Mr. Callaway announced that no applications requiring public hearings had been received for the regular meeting of the P&Z on November 21st, adding that only one • final plat had been received, but should the Commission wish to cancel that meeting, final approval of that plat by Council will not be delayed, as it will not be scheduled for Council agenda until December 12th, whether P&Z considers it on 11-21 or 12-5. Mr. Brochu made a motion to cancel the regular meeting of the P&Z on November 21st. Mr. Paulson seconded the motion which carried unanimously (6-0). Mr. Paulson again requested that staff prepare some kind of flow chart showing how projects go through the City, so he can give this information to the Drainage Committee. Mr. Paulson also expressed his opinion that the satellite section of the zoning ordinance had been prepared prematurely by staff, as it is his understanding that the Council directed that this potential problem be studied by P&Z with a recommendation to follow that study, and the fact is that the P&Z was given no chance to make the study prior to staff preparing an ordinance which, in his opinion, may not have been necessary had the study been made. Mr. MacGilvray agreed that the P&Z should be given the opportunity to study a potential problem and give direction to staff, adding that the potential problem could be brought to the attention of the Commission by way of a memo from staff. Mr. Kaiser requested that staff prepare a map showing the individual locations of all Conditional Use Permits which have been granted by the Commission, perhaps using color coding to distinguish the different uses. Mr. Kaiser also requested a report on the Holleman Street railroad crossing from • the City Engineer. Mr. Kaiser further requested a report from staff concerning the Industrial High 8 • P&Z Minutes 11-7-85 Tech Park at the southern edge of the City Limits. He then announced that in the near future he would like the P&Z to consider appointing a committee to make a land use study of the land most recently annexed at the southern edge of the City. AGBNDA ITEM N0. 11. Adjourn. Mr. Wendler made a motion to adjourn with Mr. Brochu seconding the motion. Motion carried unanimously (6-O), and the meeting was adjourned. APPROVED: - --------- -- ------------- Chairman, Ronal Kaiser c: • ATTEST: ---------------------------- City Secretary, Dian Janes 9 Cl November 1, 1985 City of College Station t'OS[~ Ot=(=K;E Ii(>X 9960 1101 "CE?CAS .AVLNUE ('OLLEGf : S"I~.i"l~l(~N, I~E\.~S 77840-2499 T0: Planning and Zoning Commission FROM: Ronald Kaiser, Chairman SUBJFsCT: Revised Zoning Ordinance Prior to making a final recommendation to the City Council regarding the revised zoning ordinance, I would like for you to focus your attention on several subjects which have not yet been resolved, in my opinion. Please consider the following list of paints individually and either approve staff's recommendations, or forward alternative recommendations to the City Council: • 1. Home Occupations: Staff proposes the list of permitted home occupations be changed to a list of examples of home occupations and that section (d), pertaining to home occupations as conditional uses be deleted. Section (c), prohibited uses would remain. All other home occupations would be regulated by the performance standards included in the definition. 2. Family: Staff proposes to add the fallowing sentence: Persons are related within the meaning of this definition if they are related by consanguinity, affinity or legal guardianship. 3. Satellite Dish Antenna Definition: Staff proposes the following definition: A broadcast receiver that receives signals directly from a satellite rathf~r than another broadcast. system, and amplifies the signal at a focal point in front of the receiving component. 4. Satellite Dish Antenna Regulations: On September 11th the Commission decided to delete the 6 foot screen fence requirement from the satellite dish antenna regulations. Staff proposes to retain this requirement. Staff has proposed to allow placement of dishes in locations other than rear yards when granted a variance by the ZBA in order to provide for suitable reception. In addition to the above, I would like the Commission to give • consideration to the following: 1. Conditional use requirements for daycare centers: a. Increase the number of children allowed in daycare 1 friciltit~s without a use ~'~e~r~mit state and lor,tl r~~y~ul,~t i<,n~: allow up to 6 children without 17ermit or licF~nsr°; ttie zoning; ordinance currently allows only 3. b. If the number is increased, the Commission might consider (1)elminating daycare as a conditional use in residences, (2)base approval on neighborhood response, or (3)approve existing regulations. 2. Appeals of Conditional Use Permits: The current ordinance is unclear with respect to the form of the appeal and the Council's authority in acting on appeals. I believe the Commission should consider defining Council's role in handling appeals. The Council could be limited to (a)upholding P&Z's decision, (b)overturning P&Z's decision, or (c)returning case to the P&Z for reconsideration of specific points. 3. Citation authority: I think the ordinance should include language authorizing or granting the Zoning Official citation authority for any violation. 4. Buffering: Questions have arisen concerning additional buffering requirements between residential and non-residential land uses. These requirements could take the form of additional setback requirements, screening or landscaping. It is my opinion that the current ordinance language is adequate when the City's • Land Use Plans and Development Policies are followed. • 2 • UNIVERSITY DRIVE LAND USE STUDY University Drive Study Committee Celia Stallings David Brochu Steve Hansen U College Station Planning and Zoning Commission • October, 1985 Introduction • In December, 1984, and January, 1985, the Planning and Zoning Commission and City Council considered, and subsequently re-considered, a request for C-1 General Commercial zoning on a tract along the south side of University Drive, part of the One Lincoln Place development. This tract was located adjacent to a tract which was the site of a number of rezoning requests during the past ten years. Other tracts in the area had been considered for commercial rezonings in the recent past. None of these request were in compliance with the Comprehensive Plan adopted by the Council. The City Council returned a request for C-1 zoning along University Drive to the Planning and Zoning Commission on January 10, 1985. At that time the Council requested that the Planning • and Zoning Commission appoint a committee to study the area and prepare specific land use and zoning recommendations. On January 17, 1985, Planning and Zoning Commission chairman Steve Hansen appointed Commissioners Celia Stallings, David Brochu, and Terry Tongo to a committee to study this area in accordance with the Council's request. Commissioner Stallings was appointed chairman of the study committee. After Commissioner Tongo was elected to City Council, Commission chairman Ronald Raiser appointed former Commissioner Hansen to the committee. On January 24, 1985, the Council established a 1.8912 acre C-1 tract in the One Lincoln Place development. r1 U University Drive Study page 1 .~ UNIVERSITY DRIVE LAND USE STUDY A review of the City's land use plan for the area along • University Drive was requested by the College Station City Council. This request was in response to continued requests for commercial zoning along the south side of University Drive coupled with intense commercial development in the University Drive/East Tarrow area. The review of this area began by identifying and establishing study area boundaries. The area to be studied was identified as follows: The area along University Drive from Tarrow Street east to the East By-pass. The northern boundary is the northern property line of all tracts or subdivisions having frontage along University Drive. The southern boundary is Lincoln Street and the extension of the Lincoln Street alignment • straight to the Post Oak Forest development; the boundary from Post Oak Forest to the By-pass is the southern property line of any tract or lots having frontage along University Drive. (see fig. 1 ) • University Drive Study page 2 FIGURE 1 STUDY AREA BOUNDARIES • • • University Drive Study page 3 .' Land Use Plan Review In determining the appropriateness of the land use plan as . it applies to this area, the area's natural and man-made features identified by the City's planning consultants were examined. These features were utilized by the consultants in conducting a development suitability analysis and preparing a development suitability index and map for the City. Natural Features Two natural features were identified as having an impact on development within the study area. These included floodplains and steep slopes. A major floodplain is found in the northern portion of the study area. Lesser floodplains are found along the small creeks in the area. Steep slopes along some of these creeks impact several tracts. • A third feature is a visual barrier (the East By-pass) located on the eastern boundary of the area. The natural features identified by the City's planning consultants are reflected in Figure 2. • University Drive Study page 4 • FIGURE 2 NATURAL FEATURES i ~'_ ~ ~ ~_ ~ r ~ ~ /, . .= ` ~ l ~ / 1 ~_~__ ~ ~ ,. ~~ - _~ ,. i. ~~ „ ~ , ~ ~ - ~ i ~ .. ~, ti ~ ~ ~ _ ~ l ,- ~~ i ~ ~ ~.,,, ~~~. ~~ r ~ - .; L~C~END ~ ~~ ~Iclod- ~'lar~s ~- ~ t ~~ ~~ ~ €~ •~' ., Yt~ l ~trner :.. ..~~?' r~ia ~. University Drive Study page 5 Man-Made Features The man-made features which impact this area are developed area, easements and noise zones. Developed area, or existing development at the time the plan was prepared, included the commercial and multi-family uses in University Park and Chimney Hill, multi-family uses in Lincoln Place, single family residential uses south of the proposed extension of Lincoln St., and the Past Oak Forest PUD. An easement for a Lone Star Gas transmission line affects several tracts. A noise zone (the East By-pass) is located along the eastern portion of the area. Man-made features are reflected in Figure 3. • University Drive Study page 6 i• .J 1 ~`~ I• FIGURE 3 MAN-MADE FEATURES F a _ ~+-- ------ --,~_-_ _~ _ -z~1: i - ~~ ~ ~ ti ~ I ~ ~l /1 ~ ~ s '1 ~ 4 ,- ~ ~- e ~' I ~ , -i i i ~ ~ ~ ~ ~~ i ~-~ `f ~~ , -•, ~- ~ ,` University Drive Study .~ a a :~ r ~ LEGEND ~ P~ ..-.- u~i~f~ 5er,ii~e •~••• y N~c Zpne M E s -- page 7 Development Suitability The natural and man-made features were used by the City's • planning consultants in the preparation of a development suitibility index and map. This map (Fig. 4) was a "first level" land use recommendation used in part in the preparation of the land use plan. The committee reviewed this map as it pertains to the study area in the process of identifying any errors in the plan as adopted. C: J University Drive Study page 8 FIGURE 4 DEVELOPMENT SUITABILITY MAP • • • s ,; ~~~~~ University Drive Study page 9 i• Future land use requirements for the City are projected in the City's comprehensive plan. These projections are given below. Table 1 Future Land Use Projections College Station P lanning Area Land Use Acres ~ of Developed Area Single Family 2,725 28.81 Duplex 145 1.53 Fourplex 60 0.63 Apartments 850 8.99 Mobile Homes 60 0.63 Total Residential 3,840 (Subtotal 40.59$) Retail 690 7.29 Services and Offices 200 2.11 Hotel/Motel 80 0.85 Total Commercial 970 (Subtotal 10.25$) • Schools 170 1.80 Parks and Open Space 1,240 13.11 Other Public 130 1.37 Streets and Highways 2,610 27.59 Total Public 4,150 (Subtotal 43.87) Light Industry 235 2.49 Heavy Industry 215 2.27 Railroad 50 0.53 Total Industrial 500 (Subtotal 5.29$) (Total 100.00$) Total Institutional 3,845 Total Land Use 13,305 Vacant and Flood Plain 23,845 Total Undeveloped 23,845 Total Area 37,150 Source: Plan 2000, projections by consultants. • University Drive Study page 10 i• Development Trends Development trends in this area were identified by utilizing the Serial Zone Landuse Change data maintained as part of the City's Land Use Inventory data base. This data gives the change in land use by serial zone for the years 1983 and 1984. The study area is located within serial zones 184 and 202. The changes within those serial zones are given in the following table. Land Use Change by Acres Serial Zones 184 and 202 Use C7 Low Density Medium Density Vacant Residential Residential Commercial Year 1983 - 5.87 + 0.96 + 0.95 + 3.16 1984 -25.59 + 0.68 +13.70 +11.29 Existing Land Use • The current land use and area for each tract in the study area was determined by utilizing tax records and windshield surveys. The land use for the study area is given in the following table. University Drive Study page 11 • Study Area Land Use Use Low Density Residential Medium Density Residential Office/Commercial General Commercial Vacant ROW/Other Acres 14.51 46.29 4.33 37.05 176.17 39.69 Total 318.04 * Includes 10 ac. park site in University Park The current zoning for each tract within the study area was • determined and reviewed. The total zoning district acreages for the area are as follows. Study Area Zoning Acreages Zoning District R-1 R-lA R-2 R-3 R-4 A-P C-N C-1 Changes in Conditions Acres 91.60 5.17 5.5 13.14 85.88 28.17 0.57 82.56 Changed or changing conditions in the study area have • occured in two areas since the adoption of the land use plan. In the area along the south side of University Drive A-P zoning has been granted on two tracts in an area reflected as High Density Residential on the land use plan. A-P zoning was also University Drive Study page 12 granted on a lot in the University Park subdivision which was • located in an area planned for medium density residential uses. This is not considered (by the planning staff) to be a serious deviation from the plan. In many respects the Administrative- Professional zoning district is comparable to apartment zoning districts. A-P has similar traffic generation characteristics (similar to the R-5 and R-6 apartment zones). The apartment zones and the A-P zoning district are considered to be appropriate as buffers between low intensity and high intensity zoning districts. The 1.8912 acre C-1 tract that was established in the One Lincoln Place development was considered by some members of the Committee as a deviation from the land use plan and development policies. • Although the A-P zoning in this area is not a serious deviation from the plan and is in compliance with development policies, the result of the change is the "sandwiching" of residentially zoned tracts between A-P tracts. While the A-P zoning district is compatible with residential uses, A-P zoning on the residentially zoned tracts would be more consistent with the zoning paterns being established in this area. Transportation University Drive is one of the City's major thoroughfares. The committee recognized that as such, University Drive must provide for through movement of vehicles as well as access to those lots or tracts with frontage only on this street. Two streets in the study area, Tarrow and Lincoln, are secondary • thoroughfares. Transportation concerns or potential problems University Drive Study page 13 identified by the committee include: • 1. Traffic congestion in the Tarrow St./Hilton area- Tarrow Street is a heavily traveled route, a continuation of East 29th. Street in Bryan. The Hilton Hotel and other commercial developments in this area (including a multi-story office structure not yet completed) will contribute to the congestion that exists in this area. 2. Traffic congestion along University Drive- University Drive narrows to two lanes from East Tarrow east to the By-pass. Committee members have observed congestion in this two lane section. Increased development in this area will add to this congestion. • These transportation problems can be addressed by improvements in the study area thoroughfare system. The committee reviewed possible improvements to the University/Tarrow intersection prepared by the City's Traffic Engineer. These improvements included lane changes and the use of one-way traffic flow in the Hilton/Chimney Hill area. The urbanization and widening of University Drive is included in the fiscal year 1985 Transportation Improvement Program, Bryan-College Station Metropolitan Planning Organization's annual element of area transportation projects. The proposed widening is funded through the Department of Highways and Public Transportation and the exact funding date of this project is uncertain. The extension of Lincoln Street to University Drive should • begin this fall. This project, funded through the City's Capital Improvements Program, should improve traffic circulation within University Drive Study page 14 • the study area and reduce some of the traffic load on portions of University Drive. Some members on the Committee felt that the addition of a street connection from Lincoln to University Drive between Munson and Ashburn Streets would improve circulation within this portion of the study area. This connection was included on previous City transportation plans, but is not on the City's current plan. Utilities Sewer constraints found in this area could limit allowable densities in area development. A sanitary sewer improvement project funded through the City's Capital Improvements Program is under design at this time. This project should be completed in approximately two years and should alleviate area sewer • constraints. There are no water service constraints in the area. Some tracts may require off-site extensions to existing mains in the area. A waterline project funded through the City's Capital Improvements Program will be completed this fall and will improve the area water system. University Drive Study page 15 Zoning Recommendations • After review of current land use, zoning, existing plans and supporting information and study area conditions, the committee made the following recommendations for the study area: The area along the south side of University Drive is zoned C-1 from Tarrow St. east for a distance of about 1300'. This zoning is in accordance with the land use plan and development policies and no consideration was given to any change in this area. To the east of this C-1 area the tracts along the south side of University Dr. are zoned A-P and R-3 for approximately 900' to a small C-1 tract. It was the opinion of the Committee that zoning in this area should be • held to A-P at a maximum. R-3 or R-4 zoning would be consistent with the land use plan. A-P zoning would be more consistent with the established zoning pattern in this area. It was felt that there is no strong motivation or need to increase commercial zoning in this area and that commercial zoning would increase traffic loads along University Dr. The committee recommended that the 4.45 acre R-3 tract located in this area, (Tract A, Figure 5) be rezoned to A-P to be more consistent with adjacent zoning. The Committee also recommended that rezonings in this area, reflected as high density on the Land use plan, be limited to R-3, R-4, or A-P. A pattern of A-P frontage with R-4 "behind" the A-P • was established in the One Lincoln Place development. This arrangement was found to be acceptable. University Drive Study page 16 • FIGURE 5 ZONING RECOMMENDATIONS -_ ,, ~_./ /r -~--- ~__ ~ ~~ _ _ . - - -_ :_ ~. ;__ i__ ,_; __ -_ _ d_o ~ TRACT E~ 1 • ~~ ., [.V! \ r s "C-I t RQ- ~- „~ R ~-~< ~~.~~.j~ - C-~ i '? J \ Pa ~ ~ ~,_ R-I - I r ~• u. ~~~ ~ ` R_3 R 4 TRACT C ~ ~ A'P ~ y, y e R_ a ~ r T r /~• ~ ~ Gi i'r /. i~ ~ --. ~ ~ C-1 sf Q v~ ~ ; i ~ ac C- ~ _R-3 .SC,i a~ocK a, R~~,' F'L iGl-~T$ 1365 F d r ~. ?~+, C_~ /`.1 /e. _ TRACT R ~ R-3 fl Q ~, •., .. ~~y.F iN• ~ ~1=~~~'Y. ~ ~ it TRACT B ` `,._ . _,~~-3 -,,, ...','-.- :. q 11 I[ I{ 11 ~ ~ ~~ _ ~+ a ~' ~ ~ ~ , i [ [ [ ,. W' ~ ~' [-' N !CL~ T A T E S ~ '~ I. N o [o ~~ L { N 21 ~, , I I[ [7 ~. y ,J - y TRACT A~( , ~-..~ `~,,-~.a.~~: s1 _ ~ PO -I i ~.[ '.. .. a :' :~' :i' '•; ~ '~,j _~ r ~, ,,,,,~ . :~ 4 I _ r~ R 4~ ~ N ~ ~~ Q ~f If a ~ I C N 13~+ r ~ ~ ~"~ I. _,~ , i. > ~Q~t~~V ..,F e.. ~t r-' 1 +r}~`• ~ ~ ~ `j- i _ 1s _J"l,..._ _ -„ l ~''. r ~ q '• r ~ R' ~ - tit;* ; t • ~ J~rr ~ :, ?c . i ~i. _ _ _ ' ' ~~ ^F~ ~°~. 'f 9~ _ yy Y: j ` t Y ~• „~~ ` .. _ ... „~ ..,~r.~. . 0 r. ~ .. .:_ .. University Drive Study page 17 A "buffer" of R-lA zoning has been established along • Lincoln St. between Tarrow and Ashburn and in the One Lincoln Place development. The Committee advised that this buffer zone be continued along the north side of the Lincoln St. extension, separating the existing low density residential areas south of the Lincoln extension from the higher densities that are developing to the north. The area at the southwest corner of the future Lincoln St./University Drive intersection was found to be well suited for a limited commercial or C-N tract to provide for some commercial services to this area (Tract B, Figure 5). This corner will have alternative access to University Dr., and is separated from the balance of the tract on which it is • located by a creek. The southeast corner should be A-P or R-3 for the same reasons stated above (closer compliance with land use plan and policies, established zoning patterns, and lower traffic generation). The tracts along the north side of University Dr. from Tarrow St. east to Spring Loop were found to be zoned and developed or developing in a manner consistent with the land use plan. No changes in the area were discussed with the exception of the R-4 zoned tract in University Park located between two A-P zoned tracts (Tract C, Figure 5). The committee felt that this tract could remain zoned R-4 or could be rezoned to A-P. Block Y, University Park, was identified as a "problem" • tract (Tract D, Figure 5). The tract is divided by creeks and gullies. Access to University Drive is poor, and the University Drive Study page 18 tract is served by a private access easement that runs between two duplexes to April Bloom. The committee recommended that this tract remain R-3. East of University Park is a 64.71 acre tract (Tract E, Figure 5). The committee felt that a portion of this tract could be used to increase the depth of the adjacent 9 acre C-1 tract (Tract F, Figure 5) . The balance of the 64.71 acre tract was to be medium density residential with A-P on the By-pass frontage. A-P was found to be suitable for a portion of this tract, in the area just east of University Park. It was the committee's recommendation that the portions of the study area not described above remain as currently zoned and developed or developing. It was the opinion of some on the committee that University Drive is an outstanding thoroughfare and provided an opportunity for commercial and office activities, not residential or apartment uses. Others agreed, but felt that this could best be accomplished with A-P and R-3 zoning as planned along University Drive with commercial activities concentrated at the intersections with Tarrow and with the East By-pass. University Drive Study page 19 ~r ~ ~~~~ ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 4 OF THE CODE OF ORDINANCES OF THE CITY OF COLLEGE STATION, TEXAS, RELATING TO NEWSPAPER DISPENSING DEVICES. WHEREAS, the City of College Station, through its regulatory authority, intends to promote the health, safety and welfare of its citizens by the enactment of an ordinance regulating news- paper dispensing devices; WHEREAS, the City of College Station recognizes the competing in- terests of the residents to be free from unreasonable intrusion into their privacy interests, as well as the right of commercial free speech; WHEREAS, the citizens of College Station have the right to secure privately-owned property from such intrusions; and • WHEREAS, the safety of the residents of the City of College Station and the use of public streets is of primary concern to the City of College Station. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: I. That Chapter 4 of the Code of Ordinances of the City of College Station, Texas, is hereby .amended by adding a section, to ~e numbered Section 2, which said section shall read as follows: "SECTION 2: NEWSPAPER DISPENSING DEVICES A. DEFINITIONS (1) Newspa er Dispensing Device - the term "newspaper dis- pensing device" as used in this section shall mean any type of unmanned device for the vending or free distribution of newspapers, news periodicals, or advertisement circulars. L~ • (2) Si ht Distance Trian le - On a corner lot in any istrict, nothing shall be placed in such a manner as materially to impair vehicle drivers' vision at intersections, along a triangle defined by the property lines and a line joining two (2) points located twenty (20) feet back from the property lines intersection. B. LOCATIONS (1) No newspaper dispensing device shall be located: (a) within districts R-1, R-1A, R-2, and R-3 within the City as shown on the official Zoning mad. Hof the City of College Station; (b) within any single family, dupledevelooedhasesingle development or on any property P family, duplex or townhome. (c) within the sight distance triangle of an inter- section; • (d) on private property without written permission of the property :owned;,,,.:... _ ~ :.....:.....: (e) within five feet of any`fire hydrant.or other emergency facility; (f) at any location where the width of paved clear space in any direction for the passageway of pedestrians is reduced to less than five feet; or (g) at any location where it will overhang or_rest on the curb or roadway. (2) No newspaper dispensing device shall be chained to,, signs, utility poles or other City structures. C. APPLICATION Any person intending to locate a newspaper dispensing device within the city limits of College Station shall make an application to the City Secretary for a permit to locate the same. The permit shall be granted upon the following conditions: C: • (1) The permittee shall pay an application fee of Five Dollars ($5.00) for each location where a newspaper dispensing device is located. The permit fee shall be used for the payment of cost in investigating the location and the issuance of the permit. (2) a. In the application, the permittee shall designate on a diagram the proposed location of the dispensing device. The City Secretary shall determine whether the proposed location is within City right-of-way or an easement requiring written permission of the private property owner. b. The City Secretary shall'.~further determine that the proposed location does not violate the sight distance triangle as defined herein. Upon determination by the City Secretary that no violation of Section B exists, a permit for the location of the newspaper dispensing device will be approved. (3) If the City Secretary fails to either approve the • application or render a written decision delineating his reasons for denial within ten (10) working days, the ' applicant shali.,have; the right,, to grant :the C,~.tx ,,. ,., _,.,, , ~.. , _ + Secretary an additional ten ( 10) days €or 'review -or~-~~.~ ~>-~.F ~-x- ~-~~ appeal directly to the City Council. The. City Council shall review the application at the next available agenda meeting in accordance with its time period rules concerning the placing of items on the agenda. Failure to appeal in writing shall constitute the granting of an extension to the City Secretary. There is no time limit for the filing of a written request for Council review of an application when the City Secretary has failed to act. D. ADVERTISING A newspaper dispensing device shall not be used for adver- tising signs or for publicity purposes other than that dealing with the display, sale, or purchase of the newspaper sold therein. C] • E. LIABILITY Permittee shall save and hold the City of College Station harmless from any and all liability for any reason whatsoever occasioned upon the installation and use of each newspaper dispensing device and shall furnish, at permittee s expense, such public liability insurance as will protect permittee and the City from all claims for damage to property or bodily injury, including death, which may arise from the operation under the permit or in connection therewith and such policy shall name the City of College Station as an additional insured, and shall be in the amount of not less than Ten Thousand Dollars ($10,000) combined single limit for any injury to per~+ns and/or property damage, and shall provide that the insurance coverage shall not be cancelled or reduced by the insurance carrier without thirty (30) days'-prior written notice to the City. A certificate of such insurance shall be provided to the City and maintained before and during the installation of such devices. F. REMOVAL • Upon the voluntary removal of any newspaper dispensing _ device, the permittee shall restore the property of the City to the same condition as ,.when; ~th~-, deyi;ce...was,:intia;lly.. in-: ; . stalled, ordinary wear and tear excepted. G. AMORTIZATION CLAUSE For the purpose of this section, a non-conforming newspaper dispensing device shall be defined as a newspaper dispensing device which does not conform with the provisions of ~is Ordinance. Such newspaper dispensing device shill be removed within a period of three months from the effective date of the adoption of~thi,s Ordinance. H. REVOCATION OF PERMIT Upon the violation of any of these provisions, the City of College Station's City Secretary shall notify the permittee by mail of the violation. Permittee will be given ten (10) days to come into compliance with this ordinance or permittee shall have the right to appeal the City .Secretary's deter- mination to the City Council by filing a Notice of Appeal, including a statement of the grounds for appeal, with the • City Secretary within ten (10) days after notice of the r~ U decision by the City Secretary. The City Council shall set the time and place for hearing such appeal. Notice of such time and place for hearing such appeal shall be mailed postage prepaid to the permittee to the address given in the application at least five (5) days prior to the date set for the hearing. The City Council has the power to reverse, affirm, or modify the decision of the City Secretary, and any such decision by the City Council shall be final. I. DENIAL OF PERMIT A person who is denied a permit by the City Secretary may appeal this decision in the same manner as provided for in Section H. Notice requirement shall be the same as required in Section H. The City Council shall have the power to reverse, affirm or modify the decision of the City Secretary and any such decision by the City Council shall be final. J. PENALTY A violation of this ordinance is a Class C misdemeanor and shall be punished by a fine of not less than Twenty Dollars • ($20.00) nor more than Two Hundred Dollars ($200.00), and each day such violation continues shall constitute a separate offense. ~ •:~~,:__• II. This ordinance shall become effective from and after its passage and approval by the City Council and duly attested by the Mayor and City Secretary. PASSED, ADOPTED and APPROVED THIS day of , 1985• APPROVED: MAYOR ATTEST: • City Secretary PLANNING AND ZONING COMMISSION • GUEST REGISTER DATE November 7, 1885 NAME ADDRESS • - 2 • ! l l~'Ivnson C. 5. 4. `~Yln.U,u f-~~lL~-`~" 313Z ~ . Zap ~ s • ~ a.~ -- ~ r~ l7~ FLU ~ ~~ ~ S 6. 7. 8. 9. 10. ~~. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. • 24. 25. 6~ ~-i ~9~ ~S