HomeMy WebLinkAbout05/07/1987 - Minutes - Planning & Zoning CommissionMINU'PF,S
• CITY OF COLLEGE STATION, TEXAS
Planning and. Zoning Commission
May 7, 1987
7:00 P.M.
MEMBERS FRESENT: Chairman Kaiser, Members Wendler, Sawtelle,
Brochu and Stewart (Also Mayor Ringer for a
small portion of the meeting)
MEMBERS ABSENT: Member Dresser (Mr. MacGilvray's replacement not
yet appointed)
STAFF PRESENT: Interim Director of Planning Callaway, Assistant
City Engineer Smith, Zoning Official Kee and
Planning Technician Volk
AGENDA ITEM N0. 1: Mayor Ringer to present service plaques to
Planning and Zoning Commissioners whose terms have expired.
Mayor Ringer announced that he would be presenting service plaques which represent
symbols of appreciation for service to the City to Commissioners whose terms are
expiring, but that everyone should keep in mind that receipt of the plaque in no way
indicates that these same people will not be reappointed to serve on the Commission,
with one exception. Mr. Kaiser has served on this Commission for• 2 consecutive terms,
therefore has completed the maximum allowed by ordinance. With that announcement, he
presented a plaque to Dan MacGilvray, who was in the audience, and thanked him for his
• service on this Commission for the past 3 years, 1984 to 1987 and announced that.
although Mr. MacGilvray's term was not expiring, he had resigned from this Commission
after being elected to the College Station Independent School Board. He expressed his
best wishes to Mr. MacGilvray in his new endeavor to serve the City, and thanked him for
serving on not only the Planning and Zoning Commission, but also for his previous
service OI1 the Zoning Board of Adjustment. Then he presented a service plaque to Walter
Wendler and thanked him for his service to the City from 1985 to 1987. Next he
announced that George Dresser, who was absent from this meeting would be I-eceiving a
service plaque for his term on this Commission from 1985 to 1987. He finalized by
stating that out-going chairman, Ron Kaiser had served from 1983 to 1985 as a regulal•
member of the Commission, followed by 2 years of service (1985-1985) as Chairman of the
Commission. He acknowledged that this was rather unusual, but that he had done such an
outstanding job the first year, it was decided that it would be in the City's best
interest to ask him to serve in that capacity for a second year, then thanked him for
his tame, efforts and service.
Mayor Ringer then spoke of the difficult decisions required of this Commission and
explained that due to the deliberations and decisions reached during the regular
meetings, the Commissioners make the job of being a councilmember much easier. After
brief conversation with the Commission, Mayor Ringer turned the meeting over to Chairman
Kaiser.
AGENDA ITEM N0. 2: Approval of minutes - meeting of April 16, 1987.
Mr•. Wendler made a motion to approve the minutes as presented. Mrs. Sawtelle
seconded the motion which carried unanimously (5-0}.
•
AGENDA ITEM N0. 3: Hear visitors.
• Na orie spoke.
AGENDA ITEM N0. 4: 87-103: A public hearing on the question of
rezoning a 3.51 acre tract of land on the south side of Jersey
Street approximately 50 feet west of Marion Pugh Drive from R-6
Apartments High Density to C-1 General Commercial. Applicants are
William B. Sampson and Nicolas J. Deapsey. Owner is Robert Callaway.
Mr. Callway explained the request, located the land on an aerial photo, and described
the physical features of the tract. He pointed out that t;he depth along the east side
is only 163.97 feet and along the west side it is 233.81 feet, and that both figures
fall short of the City's policy of recommending a 400 foot depth in commercial zoning
districts, although the ordinance requires only a 100 foot minimum depth. He continued
the explanation by identifying area zoning and existing land uses. He reported that the
area is reflected as high density residential on the land use plan, and that it was
included in a special land use study conducted in 1986 which resulted in no specific
zoning recommendations for this portion of the study area.
Mr. Callaway said that although there are no Land use conflicts identified in this
request, staff would recommend retention of the current R-6 zoning because it is in
compliance with the land use plan, and because the depth of the tract is not consistent.
with the City's development policies relative to commercial zoning along major
thoroughfares.
The public hearing was opened. Craig Brown came forward and requested that the
• Commission invite those opposed to present their case before he spoke. Mr. Kaiser
declined the request and asked Mr. Brawn to please make his presentation now if it is in
favor of this request. Mr. Brown then reviewed the background of the current zoning in
the area and stated that; he was under the impression that the land across Marion Pugh
was zoned C-1 rather than M-2 as Mr. Callaway pointed out. Mr. Callaway replied that
this particular area of M-2 zaning has been allowed C-L uses since an ordinance to that.
affect was passed in 1984.
•
Mr. Brown continued his explanation by stating that this tract does not lend itself to
apartment development, and that the commercial development being planned would reduce
traffic at: this busy intersection from what it would be if the tract were developed as
R-6. He finalized by stating that the depth of the tract is a problem and will continue
t;o be a problem for all types of development. He then referred to a commercial parking
lot being planned, stating that it is a project which will help A&M students and.
supporters, and w:il1 also compliment surrounding developments and the neighborhood.
Bill Sampson, the applicant, came forward and stated that he recognizes the fact that
this Commission must take into consideration all possible uses which would be allowed :in
a zoning district before making a decision, but added that he has a very special use in
mind for this tract; that being a commercial parking lot with the parking stalls to be
sold to interested patrons. He went an to explain where other such projects are located
and haw lucretive a business it is in those locations. Discussion followed regarding
where exits would be located, what would happen if the project could not sell all ttie
lots, possible deals to be made with the University to provide parking for at.hlet:ic
events, and how the clubhouse and lounge would be used, as well as other topi.r_s which
dealt directly with the specific use being proposed. Mr. Brown stated that this parkinf;
lot with a clubhouse would serve as a buffer to the equestrian center, it would reduce
traffic at the intersection and wauld add outdoor recreational facilities becau~;e some
special features would be included. He added that the flood plain on the tract has been
P&Z MinutE:s 5-7-87 Page 2
addressed by an engineering firm and will bc; handled during development, and this
proposed project would put a lesser burden on the sewer line in the area than R-6
• development. He added that Treehouse apartments have already experienced some problems
with sewer service in the past.
Mr. Kaiser asked for clarification regarding the sewer problems and Mr. Brown stated
that if the land were developed to 24 dwelling units per acre there probably would be
more problems. Mr. Stewart asked Assistant City Engineer Smith for clarification and
Mr. Smith replied that the past problems were mainly due to infiltration, but since that
time work has been done and most problems have been solved. He added that in general,
with exception of a hotel, most C-1 permitted uses would put less strain on a sewer
system than R-6 development.
Mr. Brown stated that he understands this Commission's reluctance to generally zone a
tract to C--1 for any permitted use listed in the ordinance, but in this particular
instance, this developer who has a solid background as a large developer, is ready to
go.
Mr. Brochu asked about some ads he had read in the paper about parking spaces for sal.f~.
Mr. Brown replied that particular plan was for a different tract of land and had fallen
through, but added there is another similar plan for that tract. in the making. He
stated that this area lends itself to that type of use due to its proximity to the
University's athletic facilities.
Alfred Lehtonen, an attorney representing FSLIC and himself, came forward and stated
that FSLIC is the owner of the 6 acres to the east of this tract which already allows C-
l uses, and he has placed that tract under contract for this same type of project. He
• went on to explain that he came to College Station knowing it is a zoned community, and
had researched available--. zoned land for his project and settled on that 6 acre tract as
the only tract in the area zoned to accommodate that type of activity. He stated that
he has gone to a great. deal of expense, the subject tract; does not: comply with the
Master Plan or existing area zoning, and the zoning should not be changed to accommodate
the proposed project. He also stated that the City Engineer's office informed him that.
the sewer facilities at the subject tract are at capacity and additionally that the
Treehouse apartments have taxed that line to i.ts capacity. He stated that his project
would sewer directly into a trunk line without any problems, but if the subject tract is
rezoned and the proposed project goes in, it could cause hi.s project problems. He went
on to explain that the subject tract is not of adequate depth to comply with commercial
development policies and that the Cit.y's criteria is t.o avoid development with high
intensity uses close to a major thoroughfare. Therefore, he stated the subject tract
is not of adequate size or depth to accommodate the proposed use.
He went on to explain that a bidder's war- had taken place on the 6 acres he "won", and
added that t:he applicant for the subject request was also bidding on that 6 acres but.
was not successful, is now trying to get less expensive residential land rezoned to
accommodate Yris project. IIe stated if the request is granted the City would be
subsidizing the applicant's project at his expense, and therefore, he is requesting
denial of the subject request.
Mr. Stewart asked for clarification regarding the possibility of taxing the sewer system
and Mr. Lehtonen stated that an off-site sewer main might be required to adequately
handle a project. Assistant City Engineer Smith stated that: no sewer line touches t:he~
subject tract and a line would have to be run to serve the tract. He said that the line
• to the Treehouse apartments is a private line, and would have to be upgraded before
dedication to the City could be considered. Iie added that the subject tract could be
sewered to an existing 6" line which is across the street.
P&7. Minutes 5-7-87 Page 3
r
•
Mr. Lehtonen said that an access easement would be required for this tract to have
access to a sewer. He went on to say that if land is properly zoned and is adequately
served by sewer, it costs more money, as did the land he has under contract, and if the
City grants this applicant's I•equest, it would be done at his (MI•. Lehtonen's) expense.
Mr. Wendler said that statement would indicate that all rezoning of land would be a
mistake, and that he would like to point out that as recently as 1984 it was determined
that the land Mr. Lehtonen has under contract could be used for commercial uses.
Mr. Callaway cited additional information regarding that addition to the ordinance which
did not actually rezone that tract, but which resulted in allowing commercial uses to be
included in the uses allowed thel•e. Mr. Wendler said that Mr. Lehtonen has made the
inference that a zoning change bastardizes the Master Plan, and he wanted to point out.
that is not necessarily the case.
Mr. Kaiser asked Mr. Lehtonen if he is a legal representative of FSLIC, and if the
statements he made are those of FSLIC. Mr. Lehtonen replied in the affirmative to both
questions, and added that he would be developing the property, that FSLIC remains the
legal owner and he would be the equitable owner, and that both he and FSLIC object to
this application.
Mr. Sampson came forward again to defend his application and asked if Mr. Lehtonen had
some kind of statement from FSLIC which indicated he is representing them, adding that
he was required to furnish such. a statement. He added that he had tried to buy the 6
acres and the subject tract because he wanted both. He further explained that he has
hired engineers to study the tract and his proposal, and he has the ability to tie-:i.n to
the Treehouse sewer line if he upgrades it to City standards at his expense, and then he
can dedicate it to the City. He pointed out this would help Treehouse and at the same
time fulfill his oWIi needs.
Mr. Kaiser pointed that staff has indicated on the staff report that water, sewer and
streets are adequate for this request, and this Commission will accept that statement.
He went on to state that this Commission is mindful that any plans presented during a
rezoning request could take place, but it is also aware that conditions may change, and
those plans might fall through. Therefore, it must consider al.l uses which would be
allowed in the requested zoning district.
Mr. Lehtonen requested permission to leave a copy of a power of attorney statement
(which is unsigned} from FSLIC. Permission was granted.
Jim Holster, 6404 Windwood came forward and stated that if land seems suitable for a
certain zoning district, the question to be considered should be whether a specific
tract is suitable for any use listed in the ordinance for that district. He added that.
he is neither foI• oI• against this request, but simply wanted to reinforce what Chairman
Kaiser had explained.
No one else spoke. The public hearing was closed. Mr. Brochu stated the Wellborn Roacl
Study Committee had looked at this entire area, and had made the determination that this
particular area should remain zoned R-6. He said that, he agrees that: all permitted uses
should be considered in a zoning district when addl•essing a specific request. Mr.
Kaiser asked if all of the 6 acre tract zoned M-2 could be used for C-.l uses and Mr.
Callaway replied that all the 6 acres and even more totalling approximately 11 acres aI•e
included in the amending ordinance.
• Mr. Brochu stated that he has concerns that any project would add traffic to Jersey,
and if zoning stays as it is, traffic would not ner_.essarily be I•outed to Jersey, but
could go out: another way.
P&Z Minutes 5-7-87 Page 4
Mr. Kaiser stated that he has heard concerns expressed regarding increased traffic and
• the amount of possible C-1 development in this area, but no one on the Commission has
said anything in favor of this request. He reminded everyone that staff had pointed out
that while the depth of this tract complies with ordinance I•equirements, it is not in
compliance with policies in the Comprehensive Plan.
Mr. Brochu made a motion to I•ecommend denial of this request. Mrs. Sawtelle seconded
the motion which carried unanimously (5-0}.
AGENDA IT13M N0. 5: 87-104: A public hearing on the question of
rezoning Lot 1 Block 20 Ponderosa Place (3800 Texas Avenue) from
C-1 General Commercial to C-2 Commercial Industrial. Applicant is
Kent Moore. Owner is John Raykovich.
Mr. Callaway explained the request, and located the subject lot in the Ponderosa Place
subdivision, which is the location of the former Kay Mart business. He identified area
zoning and land uses, described the site and stated the Land Use Plan shows this area to
be commercial, therefore both the current and requested zoning are in compliance with
the comprehensive development plan. He continued stating that because the requested
zoning district currently abuts this lot on 2 sides, staff recommends approval of the
I•equest as it represents an adjustment in area zoning boundaries and is consistent with
existing and planned uses far the area. He went on to paint out that the proposed
zoning district would Ilot cause an increase in intensity of uses since the former user,
Kay Mart, reached C-2 uses in some departments.
The public hearing was opened. Kent Moore, 8705 Greenleaf came forward, identified
himself as the applicant and stated that Mr. Callaway had explained the request. well,
• and added that basically he is planning to move his business a short distance to the
east. He offered to answer any questions the Commission might have.
Bob Pottberg came forward and stated that he lives at the Ponderosa Motel, which is
adjacent to the subject tract, and that he opposes this proposal because of the adverse
impact the chemical odors from this C-2 industry will have on his business as it
relates to providing a good atmosphere for sleeping and eating. He stated that there is
already some chemical smell which reaches the motel from the existing location of the
business, and to move it closer would make it all the more not:icable. He stated that _in
his opinion, this type of manufac~tul•ing business belongs in an industrial park.
Mr. Kaiser pointed out that the land adjoining the motel property to the south and to
the west is already zoned C-2, and Mr. Pottberg replied that thel•e is no C-2 zoning from
his property north to University Drive. He stated that he thinks the chemical smells
from this business, if it is any closer to his property, could ruin his business.
Mr. Stewart asked him if any of his customers now complain about the smell, arld Mr.
Pottberg replied that they ask what the smell is, and they also make comments regarding
the gas smell that comes from the filling station across the street.
MI•. Stewart asked Mr. Moore what kind of glues and chemicals were used in his business
and Mr. Moore: replied that the smell is probably lacquer, as that: would be the only
thing which would go into the air. He added that his spray operation is filtel•ed. Mr.
Kaiser asked Mr. Moore if he is under any kind of pollution control and Mr. Moore stated
that he probably is, but has never had contact with an agency. Mr. Wendler asked Mr.
Moore if he would care to address Mr. Pottberg's objections and Mr. Moore stated that he
does not see how denying this request can help the motel`s problem, as the land adjacent
to the motel property is already zoned C-2 and all. the permitted uses listed in t.hc:
zonillg ordinance could be developed on that property.
P&I Minutes 5-7-87 Page 5
No one else spoke. The public hearing was closed. Mr. Kaiser asked Mr. Callaway to
• list the differences between C-1 and C-2 uses and Mr. Callaway complied, adding that
basically C-1 uses are service oriented whereas C--2 uses include those, plus others
including machine shops, welding shops, etc.
Mr. Brochu stated that a valid point has been made regarding the fact that this business
now exists in the same area, and he does not know if moving it this short distance would
cause any additional. smell. He stated that he has sympathy with Mr. Pottberg, brit
would point out that some C-1 uses could be just as offensive to many people as C--2
uses, and cited food odors as an example of one that is offensive to many people.
Mrs. Sawtelle once again reminded the Commission that it should be considering the
zoning district, and. all possible uses, and not a specific use. Mr. Kaiser stated that
he agrees, and by looking at an existing zoning map, this requested rezoning if approved
would unify this tract with the existing C-2 tracts, and there would be a buffer in the
form of a street between C-2 and C-1 uses. He added that there are different conditions
concerning this request than were present at the previous agenda item. Mr. Stewart
agreed, and added that there is also an existing facility on this lot which makes it
different from developing raw property. Mr. Wendler stated that in this case we have a
request from a current property owner who already has an interest in this community.
Mr. Brochu stated that he simply does not believe this would :intensify a problem.
There was no more discussion and Mr. Stewart made a motion to recommend approval of this
request. Mr. Brochu seconded the motion which carried by a vote of 4-1 (Wendler
against}.
AGENDA ITfiM N0. 6: 87-700: A public hearing on the question of
• granting a Conditional Use Permit for church facilities to be
located on a 5.0 acre tract of land on the north side of Rock
Prairie Road approximately 1100 feet west of Rio Grande.
Applicant is St. Francis Episcopal Church for the Protestant
Episcopal Church Council of the Diocese of Texas.
Mr. Callaway located the subject tract which is vacant, described the physical. features
of the tract and area zoning. He pointed out that the area is reflected as low-density
residential on the land use plan, and that churches are allowed in any zoning district.
with a Conditional Use Permit. He went on to inform the Commission that the P.R.C.
reviewed this project on 4--22-87 and found that with the inclusion of certain conditions
the site plan and landscape plan would be in compliance with the City's regulations. He
stated that the revised plan presented at this meeting meets all but: 2 of those
conditions, those being the requirement of a screen fence between this project and the
adjacent residential land which would be imposed at the time of development of the
second phase, and could be added as a note on the plan; and the end island which is
required, but has not been included on this plan. He went on to remind thc~ Commission
that consideration at this meeting should include a request for a Conditional Use
Permit, s:ite plan and landscaping plan approval for both proposed phases.
The public hearing was opened. Jim Bolster, representative of the applicant came
forward and stated that the 2 conditions which were not met were oversights, and the
applicant would have no problem complying with those requirements. He went on to
explain that the P.R.C. report includes an item which refers to more than one curb cut
to Rock Prairie Road, and stated that the City Engineer has pointed out that this
property would qualify for 2 curb cuts to Rock Prairie Road and although 2 have not been
• located on this plan, he would like to have that information included in the minutes for
the record so that option would be open to the owners in the future.
P&Z Minutes
5-7-87
Page 6
Mr. Kaiser stated that the City Engineer regulates the number and location of curb cuts,
• so this Commission cannot specify that the applicant can get 2 permits. He then asked
about the status of the easements for the gas line and Mr. Holster explained.
No one else spoke. The public hearing was closed. Mr. Wendler then made a motion to
approve this request for a Conditional Use Permit: for a church, as well as the proposed
site plan and landscape plan with P.R.C. conditions, and if the church wants additional.
curb cuts, it will. not have to come back before this Commission. Mrs. Sawtelle seconded
the motion which carried unanimously (5-0).
AGENDA ITEM N0. 7: Other business.
Mr. Callaway referred to the document handed out before the meeting which contains the
goals, objectives, development policies, and methods which i:he City has for enforcement.
He stated that workshops would not be scheduled until after the new P&Z appointments ai~e
made. He referred to the annual Y&Z tour which will be a visit t.o City facilities
rather than examples of "good and bad" development, as has been the custom in the past,
and invited all interested Commissioners to join in the tour. He tY-en announced that
the Council has directed the staff to look into sources of funding for the most
inclusive of the conceptual plans of the Wolf Pen Creek area which staff presented.
He also informed the Commission that staff will be approving the location of temporary
classrooms at. several. of the school campuses in the near future. He reminded the
Commission that each of those campuses has received a Conditional Use Permit and the
addition of a building would const.it:ute a change, but one which would be of so little
impact that staff will review and approve as directed previously by the Commission.
Mr. Wendler complimented all involved staff on the report following the Wolf Pen Creek
• study, adding that he is excited about the prospects as it would be a marriage of the
public and private sectors and would be wonderful. He also thanked Mr. Kaiser for being
such an effective chairman over the past year.
AGENDA ITEM N0. 8: Adjourn.
Mr. Stewart made a motion to adjourn. Mr. Brochu seconded the motion which carried
unanimously (5-0).
APPROVED:
----- ---- ~2 -- -------
Chairman, David Brochu
ATTEST:
City Secretary, Dian Jones -
F'&Z Minutes
5-7--87
Page 7
•
•
PLANNING AND ZONING COMMISSION
GUEST REGISTER
DATE May ],., 1 Gf~7
NAME ADDRESS
~-
1. ., - .. _ _ ,~,
~~ ~ t
l
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
17.
18.
19.
20.
21.
22.
23.
24.
25.
*** REGISTRATION FORM ***
(FOR PERSONS WHO WISH TO ADDRESS THE COM S]SION) ~]
Date of Meeting ~ / ~ /
Commission Agenda Item No. ~"'
w i c. Li ArvZ.~~. S~/~t 6~s~~t!
Name G-'~^6 ~ [i / . ~ ~Il,(/~~
Address
House No. Street Clty
IF SPEAKING FOR AN ORGANIZATION,
Name of Organization:
And,
Speaker's Official Capacity: ,
~~L tC~/t~Z-
SUBJECT ON WHICH PERSON WISHES TO SPEAK
Please remember to step to the podium as soon as you are recognized by [he
chair; hand your completed registration form to the presiding officer and
state your name and residence before beginning your presentations If you
have written notes you wish to present to the Cormilsslon, 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.
~i