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HomeMy WebLinkAbout10/17/1985 - Minutes - Planning & Zoning CommissionMINUTES ,~ CITY OF COLLEGE STATION, TEXAS Planning and Zoning Commission October 17, 1985 7:00 P.M. MEMBERS PRESENT: Chairman Kaiser, Members MacGilvray, Wendler, Stallings and Brochu (Council Liason Tongco in audience) MEMBERS ABSENT: Members Dresser and Paulson STAFF PRESENT: Director of Planning Mayo, Assistant Director of Planning Callaway, City Engineer Pullen and Planning Technician Volk A(iBNDA ITEM N0. 1. Approval of Minutes - Baergency Workshop on September 11, 1985 and regular meeting on September 19, 1995. Mr. MacGilvray made a motion to approve the minutes of the September 11, 1985 meeting. Mr. Brochu seconded the motion which carried unanimously (5-0). Mr. MacGilvray made a motion to approve the minutes of the September 19, 1985 meeting. Mr. Brochu seconded the motion which carried unanimously (5-0}. AGBNDA ITB!-! N0. 2. Hear visitors. No one spoke. • AGENDA ITEM N0. 3. 85-713: A public hearing on the question of granting a Conditional Use Permit for a daycare center for a saxim~a of 8 children from 3:30 to 5:30 p.m. in the hose at 7805 Shiloh. Applicant is Tamry Calliham. Mr. Callaway explained the request, adding that this Commission typically imposes limits on the maximum number of children to be allowed at any one time, and on occasion sets a limit on the hours the facility can be in operation. He informed the Commission that the home at 7805 Shiloh is in an established single family subdivision (Raintree} and that the Land Use Plan reflects the area as low density residential. He pointed out that Conditional Use Permits are granted by t:he Commission subject to appropriate conditions and safeguards when the Commission finds: (A) That the proposed use meets all the minimum standards established in the Zoning Ordinance for this type of use; (B) That the proposed use is in harmony with the purpose and intent of the zoning ordinance and the plan for physical development of the district as embodied in the comprehensive plan for the development of the City; and (C) That the proposed use will not be detrimental to the health, welfare and safety of the surrounding neighborhood or its occupants, nor be substantially or permanently injurious to neighboring property (Section 10- C.2, Ordinance 850). The public hearing was opened. Mike Calliham, 7805 Shiloh came forward and identified himself as the husband of and attorney for the applicant; then he requested permission to explain this request and to dispell some of the apparent misconceptions the neighborhood has. He stated there would be no waiver of deed restrictions with this request, that it would be a limited operation with hours from 3:30 to 5:30 p.m. on school days for a maximum of 8 children. He added that if this Commission believes 8 children are too many, Mrs. Calliham would be willing to reduce the request to a maximum of 6 children. He added that this facility 1 would not be typically commercial, that there will be no signs and that it will get • no larger than permitted tonight, adding that any variation of this request would require a new application with additional notification to the public and consideration by this Commission. He stated that taking care of 6 children would probably not create any traffic problems, as the mothers would not arrive to pick them up at the same time, because they would be coming from different jobs at various locations. He pointed out that a maximum of 6 children would represent only 3 more than would be allowed without a Conditional Use Permit. He then addressed a concern which had been received from neighbors to the rear of their lot - noise in the yard while they were trying to sleep - adding that the children could be confined to the front yard during those sleep times if necessary. Mr. Callihan then offered to answer any questons the Commission might have. Mr. MacGilvray stated he had a question regarding the statement that there would be no waiver of the deed restrictions, asking if there are indeed that type of deed restrictions. Mr. Callihan replied that it is possible that the deed restrictions would include broad restrictions against any commercial activity as many of the new subdivisions do include that type of restriction, and that it might be possible that this request would constitute a violation, adding that he has not checked the actual deed restrictions in this subdivision, but also pointed out that this Commission does not consider deed restrictions anyway, so that is not an issue. Mr. MacGilvray asked then if this might be a possible violation of the deed restrictions, and Mr. Callihan replied that it would not constitute a waiver of the deed restrictions, but it might be considered a violation. Mr. Kaiser pointed out that the burden to enforce deed restrictions falls upon the • neighbors, and not the City. Mr. Wendler asked if any changes would be made to the property to make it suitable for this use. Mr. Callihan replied that nothing needs to be done. Mr. Wendler clarified by asking if no swings or other outdoor play equipment would have to be added and Mr. Callihan replied that these children will not play outside much of the time as normally homework is done during these hours before outdoor play is allowed. Mr. Kaiser asked if the Callihams have any children at home and Mr. Callihan replied they have 2 children of elementary school age at home and added that they (the Callihams) would be amenable to any conditions this Commission wishes to impose. Mr. Kaiser asked if the children to use the facility would be primarily from the Raintree subdivision and Mr. Callihan replied they would be solely from Raindree as they would be children who ride the bus home from school and then walk from the bus stop to his home. Mr. Kaiser asked if these children would be latchkey children if there was no facility for them to go to and Mr. Callihan replied that if Mr. Kaiser is referring to age, then yes, these children are older children who are in elementary school, and that the younger children are left in some daycare center elsewhere, adding that if the Commission desires, this request could be changed to limit the facility to 6 elementary school age Raintree children. Mr. MacGilvray asked if the Callihams have met with people from the neighborhood and Mr. Callihan replied that they had not, but would be willing to at any time. Mrs. Stallings asked if the Calliham's letter had been received by all neighbors within 200 feet of this property and Mr. Callihan replied that he hopes they had • received it. Carolyn Braswell, ?801 Shiloh came forward to state that she is concerned about the 2 traffic this would cause on the cul-de-sac, adding that even 6 additional vehicles would be too many. She stated that the Callihams do not even own this house, but • simply lease it, and she does not think this type facility would be in the best interest of the neighborhood. She added that she had received a letter regarding this request, but that she is against this request because she is afraid it might set a precedent, and also because of the additional traffic on the street. Mr. MacGilvray asked Ms. Braswell if she thinks there is a need for something like this in the neighborhood and she replied that she does believe that most of the young mothers in the neighborhood do work outside the home, although she herself had stayed at home with her children. Mrs. Jerry Nelson, 7804 Appomattox Drive came forward to oppose this request, stating that she and her husband are shift-workers and occasionally sleep during this time of day, adding that if the Callihams are willing to work with all the neighbors, it might be worked out. No one else spoke. The public hearing was closed. Mrs. Stallings stated that this Commission must look at the welfare of the neighborhood, and if this request is granted and another request comes in, the second request could be considered detrimental to the neighborhood. She said that because every request must be considered on its own merit and the affect it would have on the neighborhood must be a consideration given, precedent-setting is eliminated. Mr. Brochu added that if the maximum number of children allowed were set based on a • figure of how many could be handled before there was any detriment caused to the neighborhood, that too would preclude any additional kids allowed on the street. Mrs. Stallings said she believes only local, neighborhood Raintree kids should be allowed, and it would be up to the residents of the neighborhood to keep an eye on things to assure that only neighborhood kids were being cared for. Mr. Kaiser asked if there are any other day cares in the home in Raintree and Mr. Callaway stated that individual case files are kept, but no one map shows the location of all day care facilities in the City. Mr. Kaiser said that since the applicant has reduced the number of children in the request and the hours are so limited, it would appear that this would be more like a babysitting service for the neighborhood, and as such he would think that it would be entirely appropriate in this instance to set limits if this request is approved. Mr. Brochu said he should have asked the opponents of this request if adding 3 children to the 3 children currently being cared for constitutes a business, and also if there already is a problem. He said that in his opinion, 3 more children for only 2 hours a day do not seem like much. After that statement, Mr. Brochu made a motion to approve this Conditional Use Permit for daycare in the home at 7805 Shiloh for a maximum of 6 children from 3:30 p.m. to 5:30 p.m. only on school days, with exception of teacher conference days when they would be allowed all day. Mrs. Stallings seconded the motion. Mr. Callaway asked if this would be for only during the school session and not in the • summertime, and Mr. Brochu answered this could only operate during the school year. Votes were cast and the motion carried unanimously (5-0). 3 AGENDA ITBM NO. 4. 85-714: A public hearing on the question of granting a ,_ Conditional Use Permit for establishing a church in an existing retail space (Suite H) at 1804 Brothers Boulevard. Applicant is Tho~es M. Brown for South Park Evangelise Center. Mr. Callaway explained that this request is much like a previous request which was granted to the same applicant, in that it is for establishing a church in an existing retail space. Mr. Kaiser asked if this is for 2 years only and Mr. Callaway stated the staff has no problem with any time period, adding that the P.R.C. and the P&Z had imposed the time period on the previous permit. The public hearing was opened. Tom Brown, pastor of this church and applicant came forward and explained the problems the church had encountered with the previously approved location. Mrs. Stallings asked why there is a difference in the square footage between this facility and the previous location and Mr. Brown replied that this lease space is already there. Mr. Brochu mentioned that the number of seats had not been previously limited, and asked Mr. Brown if this limitation would cause a problem. Mr. Brown replied that hopefully the church would have other facilities by the time the seat limitation would become a problem. Mrs. Stallings asked if the use of this facility can be changed after the church moves out and Mr. Callaway replied that this is currently an office building, so an office could move in without a Conditional Use Permit, but a church can only use the facility if a Conditional Use Permit is granted. Mr. Callaway then explained that the limit of 43 seats is being set only because of the parking available at this facility. Mr. MacGilvray asked Mr. Callaway if the fact that church would meet on Sunday mornings had been taken into account and Mr. Callaway replied that it had not and would have no bearing. Mr. Kaiser asked Mr. Brown if he had any problem with the limitation of 43 seats to which Mr. Brown replied that it would be no problem. No one else spoke. The public hearing was closed. Mr. Brochu made a motion to approve this request for a Conditional Use Permit for a church in Suite H of the retail center at 1804 Brothers Boulevard, with the condition that the church is limited to a maximum of 43 seats. Mr. Wendler seconded the motion. Mrs. Stallings asked if a time limit should be imposed and Mr. Brochu said that would not be necessary. Votes were cast on the motion to approve and the motion carried unanimously (5-0}, AGENDA ITBh! N0. 5. 83-715: A public hearing on the question of granting a Conditional Use Permit for establishing a Hospital ~ Medical Office Building to be located on Tract A Block 3 Beleont Place Section Two located at 1600 Rock Prairie Road. Applicant is Hueena Hospital Bryan-College Station. Mr. Mayo explained that a Conditional Use Permit for a hospital at this location had been approved in January 1984, but that permit which has since expired had not included site plan approval. He explained that the revised site plan which is being reviewed tonight includes all P.R.C. conditions, that the landscaping plan presented represents the minimum requirements for the entire project, and pointed out that the applicant is requesting Conditional Use Permit approval for both the hospital and the medical office building to be located on this tract of land, but that site plan approval is for only the hospital since the P.R.C. has not seen or reviewed a plan which includes the medical office building. Staff would recommend approval of the Conditional Use Permit for both uses, with site plan approval for the hospital portion of the plan only. Discussion followed concerning whether or not a medical office building would require a Conditional Use Permit with Mr. Mayo explaining that this applicant has said this building will be a clinic-type 4 . _. _~ - -. (~-Q}. _. 6 r~l ~~ AGENDA ITEM NO. 10. Consideration of an ordinance amending and superceding Ordinance No. 850, the Zoning Ordinance. • Mr. Mayo explained that he would like to put the Northgate Zoning District on the agenda for approval as soon as possible so it can catch up with the entire zoning ordinance when it goes to Council for additional public hearings. He then informed the Commissioners that the Commercial Planned Unit Development district would be ready for them to pick up at the Planning Office on Monday, October 21st. He then indicated that some thought should be given to including cemetaries and funeral homes somewhere in the ordinance, and suggested perhaps that they could be included as Conditional Use Permits in some zoning districts. Mr. Kaiser expressed concern regarding the lack of citation authority in enforcement of the zoning ordinance and Mr. Mayo replied that a citation book is on order now. Mr. Kaiser then asked staff to provide guidance to the council regarding appeals of Conditional Use Permits granted by this Commission, adding that he would prefer that the Council be given 3 choices: approval, rejection or sending back to this Commission, further adding that he would like specific language regarding this included in the zoning ordinance. Mr. Kaiser then said he thinks thought should be directed at the number of children allowed in daycare centers prior to requiring a Conditional Use Permit. Mr. Kaiser then went on to say that he would like staff to provide, with his guidance, a complete packet of all proposed changes of the zoning ordinance including all minutes, suggested changes from the public, etc., and that he would come to the Planning Office to help collect all this information. AGENDA ITBM N0. 11. Other businss. Mr. MacGilvray informed the Commission that he and Mr. Dresser would be • meeting with the Assistant Director of Facilities Planning at TAMU soon to discuss what the university is planning on its land which is located in the area under study by the Wellborn corridor committee. Mrs. Stallings stated the University Drive Study is almost complete and should be included in the packets for the November 7th meeting. AGENDA ITEM N0. 12. Adjourn. Mr. Wendler made a motion to adjourn. Mr. MacGilvray seconded the motion which carried unanimously (5-0). APPROVED: Chairman, Ronald K ser ATTEST: City Secretary, Dian Jones • 7 PLANNING AND ZONING COMMISSION • ~• • GUEST REGISTER DATE OCTOBER''>17, 1985 NAME ADDRESS 19. 20. 21. 22. t ?• ~ - ~ ....... '.r. f ~f ~ 11~Y~1. ( Ql C'.. ~. 24. ~, 25. ~ s *** REGISTRATION FORM *** (FOR PERSONS WHO WISH TO ADDRESS THE COMMISSION) Date of Meeting (~' ~~ ~'~ $~ Commission Agenda Item No, ~ gj Name ef('~ J ~p ',~ Address _~~ D l Le~f1 zrd ~1~' S~ ~ J~~ c1-N\ House No. Street Cry • IF SPEAKING FOR AN ORGANIZATION, Name of Organization: nn 1, `I J, Q M ~Q.CXFSQ.l1'~l14, { ~' l'r~ ~ ~'Qi~ Tc Vdt?'~C~• And, Speaker's Official Capacity: SUBJECT ON WHICH PERSON WISHES TO SPEAK Please remember to step to the podium as soon as you are recognized by the chair; hand your completed registration form to the presiding officer and state your name and residence before beginning your presentation. If you have written notes you wish to present to the Commission, PLEASE FURNISH AN EXTRA COPY FOR COMMISSION FILES. The Commission will appreciate each speaker limiting an address on any one Item to flue minutes. Thank you for your cooperation. *** REGISTRATION FORM *** (FOR PERSONS WHO WISH TO ADDRESS THE COMMISSION) Date of Meeting ~~ - ~~" ~,~ Commission Agenda Item No. ~J ~ ~ / Name ~ ~ S7yl ~ ~~n. ~Q/~~ t/J ~ ~ ~~1~~ Address,,j7/f! /~Oc~~'(fl, l~/e-y/~1/~/ • House No. Street T City IF SPEAKING FOR AN ORGANIZATION, Name of Organization: S o ~.~.~ P~ K ~_ ~ ~ ~, ~ ~ I I~ ti. ~p..., ~ /2 And, Speakerhh's~~Offlclal JCa_paclty: IU1~N I~I~~ SUBJECT ON WHICH PERSON WISHES TO ~/u 7 a~ c v /~ d~ ~ Ld 5 2 Please remember to step to the podium as soon as you are recognized by the chair; hand your completed registration form to the presiding officer and state your name and residence before beginning your presentation. If you have written notes you wish to present to the Commission, PLEASE FURNISH AN EXTRA COPY FOR COMMISSION FILES. The Commission will appreciate each speaker limiting an address on any one Item to flue minutes. Thank you for your cooperation. • *** REGISTRATION FORM *** (FOR PERSONS MHO MISH TO ADDRESS THE COMMISSION) Date of Meeting ~(7 - ~ ~ ' ~ ~ -~ Commission Agenda Item No. Name ~~~~~~~~ Address '~ ADS ~ ~~ House No. Street Ctty IF SPEAKING FOR AN ORGANIZATION, Name of Organization: And, Speaker's Official Capacity: SUBJECT ON WHICH PERSON WISHES TO SPEAK Please remember to step to the podium as soon as you are recognized by the chair; hand your completed registration form to the presiding officer and state your name and residence before Degtnning your presentation. If you have written notes you wish to present to the Commission, PLEASE FURNISH AN EXTRA COPY FOR COMMISSION FILES. The ~~.---lsslon will appreciate each speaker limiting an address on any one Item to five minutes. Thank you for your cooperation. *** REGISTRATION FORM *** (FOR PERSONS WHO WISH TO ADDRESS THE COMMISSION) Oate of Meeting -~/ ' O~ Commission Agenda Item No. Name cif t L ~/i~ (J ~ ~~~(~ yi _) Address ~~~(J~~' ' ~"(J~}1G YOk ~ v~ ~ • House No. Stre t C ty IF SPEAKING FOR AN ORGANIZATION, Name of Organization: And, Speaker's Official Capacity: SUBJECT ON WHICH PERSON WISHES TO SPEAK Please remember to step to the podium as soon as you are recognized by the chair; hand your completed registration form to the presiding officer and state your name and residence before beginning your presentation. If you have written notes you wish to present to the Commission, PLEASE FURNISH AN EXTRA COPY FOR COMMISSION FILES. The Commission will appreciate each speaker limiting an address on any one Item to five minutes. Thank you for your cooperation. *** REGISTRATION FORM *** (FOR PERSONS WHO WISH TO ADDRESS THE COMMISSION) Date of Meeting Commission Agenda Item No, ~ "~ ,.. ~ _., Name ~ ~ r'~ ~~ 5 Address ~ ~ b '~> ~' • House No. Street City IF SPEAKING FOR AN ORGANIZATION, Name of Organization: And, Speaker~s,Offlclal Capacity: ~, SUBJECT ON WHICH PERSON WISHES TO SPEAK Please remember to step to the podium as soon as you are recognized by the chair; hand your completed registration form to the presiding officer and state your name and residence before beginning your presentation. If you have written notes you wish to present to the Commission, PLEASE FURNISH AN EXTRA COPY FOR COMMISSION FILES. The Commission will eppreclate each speaker limiting an address on any one Item to flue minutes. Thank you for your cooperation. *** REGISTRATION FORM *** (FOR PERSONS WHO WISH TO ADDRESS THE COMMISSION) Date of Meeting ~~ ~ ~ 1 Commission Agenda Item No. Name ~~-~ l~lll~l.rN~L11~'~ Address ZiQ ~ ~ kL1f ~~ { 1.)~ ~bt~ ,~'4y"~ I ~)a ~~~7~ House No. Street City • IF SPEAKING FOR AN ORGANIZATION, Name of Organization: `~iS~~ ~©yt~~tzl~~lfi7 ~A~~ And, Speaker's Official Capacity: SUBJECT ON WHICH PERSON WISHES TO SPEAK ~M/a~,~N~~t~ tc~.c~ 'Przr~ JSC-~ Please remember to step to the podium as soon as you are recognized by the chair; hand your completed registration form to the presiding officer and state your name and residence before Deglnntng your presentation. If you have written notes you wish to present to the Commission, PLEASE FURNISH AN EXTRA COPY FOR COMMISSION FILES. The Commission will appreciate each speaker limiting an address on any one Item to flue minutes. Thank you for your cooperation. •