HomeMy WebLinkAbout12/20/1990 - Minutes - Planning & Zoning Commission~ ~
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M I N U T E S
Planning and Zoning Commission
CITY OF COLLEGE STATION, TEXAS
7:00 P.M.
December 20, 1990
•
•
MEMBERS PRESENT:
Chairperson Sawtelle, Vice Chairperson
Dresser, Members Colson, Hall, and Michel:'~`~~~:~~
(Council Liaison Birdwell was in the
audience.) i
MEMBERS ABSENT: Member Gentry.
STAFF PRESENT: Senior Planner Kee, Planning Technician
Thomas, Asst. City Attorney Coates,
Development Coordinator Volk, Planning
Assistant Kuenzel, Asst. to City Engineer
Morgan, Transportation Planner Hard, City
Engineer Pullen, Asst. Director of Public
Services Smith, and Landfill Manager
Ridgeway.
AGENDA ITEM NO. 1: Approval of Minutes - meeting November 15.
Mr. Dresser moved to approve the minutes of the meeting on
November 15, 1990 with the corrections stated by Chairperson
Sawtelle. Mr. Michel seconded the motion which passed
unopposed (6-O).
AGENDA ITEM NO. 2: Approval of Minutes - meeting December 6.
Mr. Dresser moved to approve the minutes of the meeting on
December 6, 1990. Mr. Michel seconded the motion which passed
unopposed (6-0).
AGENDA ITEM NO. 3: A public hearing to consider a final plat
of Raintree Subdivision Section Five on Wilderness Drive at
the end of Butler Ridge Street. (90-223)
Assistant to the City Engineer Morgan presented the staff
report recommending approval with the PRC recommendations.
The final plat as proposed eliminates the 9 lots as originally
proposed for townhomes and creates one single lot. The
proposed use is for a single family home located at the front
of the property. With the lot remaining residential, the
replat does comply with the City's comprehensive plan and is
compatible with the surrounding planned uses. The lot
dimensions do meet the minimum lot dimensions as set forth in
the Zoning Ordinance. Proposed public improvements include
• the elimination of the 6" water line extending into the
property that was to serve the 9 lots as originally platted.
Abandonment of the 10' utility easement along the access and
parking easement and abandonment of the 20' utility easement
along the northern edge of the property. Legal notice
appeared December 5, 1990 with no response to date.
Chairperson Sawtelle opened the public hearing. Seeing no one
come forward to speak in favor of or opposition to the final
plat, Chairperson Sawtelle closed the public hearing.
Mr. Esmond moved to approve the final plat of Raintree Section
Five. Mr. Dresser seconded the motion which passed unopposed
(6-0) .
AGENDA ITEM NO. 4: A public hearing to consider a final plat
of Callie Addition - Lot 82, Block 6 of Southwood Terrace
Section 3C on Ponderosa Road between Bahia Drive and Larkspur
Circle. (90-222)
Assistant to the City Engineer Morgan presented the staff
report recommending approval with PRC recommendations and the
removal of the note on the plat regarding R-1 zoning.
Originally the subject tract was platted as one lot and the
discussions were to accommodate a church site on the lot. The
• lot is still vacant and the applicant would like to develop
the property as single family residences. The final plat as
presented does comply with the City's comprehensive plan. The
surrounding area is zoned low density residential and would be
maintained as such. The applicant currently has a rezoning
request from R-1 to R-lA pending for this property. This
rezoning is being proposed in order to comply with the minimum
lot dimensions as stated in the Zoning Ordinance.
The original plat, which included this lot, prohibited access
on to Ponderosa Road. Although this one lot would be allowed
to take access to Ponderosa, subdividing this lot and allowing
all subdivided lots to take access to Ponderosa Road, given
its function would not be desirable. Therefore, this plat
creates a cul-de-sac, Callie Circle, which will provide access
to the 6 lots. The offset between Brothers Boulevard and
Callie Circle, as created by this new street, is approximately
90 feet. According to the City's Subdivision Regulations, the
minimum centerline offset between two streets should be 125
feet. Although the location of Callie Circle does not meet
this minimum requirement, it is not anticipated that the
amount of traffic generated on this small cul-de-sac would
create the traffic patterns to pose a significant traffic
problem. Staff has looked at several alternatives presented
by the applicant and has agreed that the plat presented is the
best alternative. As part of this plat the proposed public
improvements will include the extension of water line
improvements, minor sewer line improvements and the
construction of Callie Circle. Legal notice appeared on
December 5, 1990 with 3 inquiries and no oppositions.
Chairperson Sawtelle opened the public hearing.
Mike McClure of 1722 Broadmoor stated that he and the owner
were present to answer any questions or concerns of the
Commission. He stated that the cul-de-sac plan presented is
the best solution for the site since driveway access to
Ponderosa is not permitted.
Chairperson Sawtelle closed the public hearing.
Mr. Esmond moved to approve the final plat of Callie Addition
subject to the removal of the note concerning R-1 zoning. Mr.
Colson seconded the motion which passed unopposed (6-0).
AGENDA ITEM NO. 5: Reconsider rezoning of Lot 82, Block 6 of
Southwood Terrace Section 3C located on the south side of
Ponderosa approximately 300 feet east of the intersection of
Ponderosa and Rio Grande Drive, from R-1 Single Family to R-lA
Single Family. (90-110)
Senior Planner Kee presented the staff report recommending
approval of the rezoning rather than having the applicant seek
a variance since there is a zoning district available that
• would address the problem to lot size. The request is in
compliance with the land use plan and is necessary to avoid
having to seek a variance as configuration of the property
forces two of the lots to have slightly less than the minimum
depth required in the R-1 zone. The R-1A zone does not have
minimum width or depth requirements and allows more
flexibility in lot design. The applicant has looked at
several different designs and all result in lots with
inadequate depth for compliance with the requirements of the
R-1 zone. All lots will exceed the minimum lot area required
in both the R-1 and R-1A zones. The average lot area of the
existing lots in Southwood Terrace 3C is 7,730 square feet;
the average lot area of the proposed lots is 10,339 square
feet. The petition presented was signed by 41 property
owners; 21 own property within 200 feet of the proposed
rezoning; 20 own property outside 200 feet of the proposed
rezoning. City Council will have to pass the rezoning with a
3/4 majority vote because 540 of the land owners within 200
feet signed the petition in opposition to the rezoning.
Thirty nine property owners were notified of the request.
Chairperson Sawtelle opened the public hearing. Seeing no one
come forward to speak in favor of or in opposition to the
rezoning, she closed the public hearing.
Mr. Esmond stated that the concerns presented in the petition
were addressed in the staff report and the goals of the
concerned residents would be achieved by the rezoning.
Mr. Michel agreed with Mr. Esmond and commended staff on their
excellent work in addressing the issues of concerned
residents.
Mr. Dresser moved to approve the rezoning of Lot 82, Block 6
of Southwood Terrace Section 3C. Mr. Michel seconded the
motion which passed unopposed (6-0).
AGENDA ITEM NO. 6: Consideration of a temporary parking lot
plan for Sneakers located at 504 Harvey Road. (90-428)
Senior Planner Kee reported to the Commission the
recommendation of approval by the Design Review Board of
phasing the proposed temporary parking lot and allowing some
of the lot to have a temporary surface for one year with the
following conditions to be included as part of Phase I:
(1) Install parking lot lights for the entire lot.
(2) Provide a landscape screen along Highway 30.
(3) Provide curbing along frontage of Highway 30.
(4) Barricade around the group of trees at the
north corner of the property. (Barricade note
• on plat is not adequate.)
(5) Improve or dedicate the area (as defined in the
Wolf Pen Creek Master Plan and Zoning
Ordinance) remaining on Sneaker's property and
all of the adjacent property if any is used for
parking. (Still need owner's assurance of the
dedication.)
(6) Provide the owner's assurance that at the end
of one year if the lot is not fully brought up
to code, then the lot will be removed and the
area resodded. (Still need owner's assurance.)
(7) Clearly indicate on site plan that the above
items will be completed in Phase I.
She explained that temporary parking lots were intended for
facilities that have the required amount of parking but need
additional spaces. Sneaker's proposal will bring the project
up to code in the first phase of development. This item is
before the Commission because it is a project in the Wolf Pen
Zoning District where it is required that the Design Review
Board make a recommendation to the Commission as well as the
fact that all requests for temporary overflow parking lots are
to be considered by the Commission.
Chairperson Sawtelle asked if the Commission could request
pavers as suggested by Mr. Esmond in the PRC report.
Senior Planner Kee answered yes; however the pavers are not
cost-effective for the applicant because they are as expensive
as applying an asphalt surface.
Mr. Dresser asked how the Commission could be assured that all
requirements would be met at the end of one year; adding that
if the temporary parking lot plan was approved, the applicant
could return at the end of the year and request another permit
for a temporary parking lot if the proposed lot was not
completed.
Senior Planner Kee informed the Commission that the
requirements presented could be enforced through letters to
the applicant, City Council, and municipal court fines. The
only alternatives that the applicant has after one year is to
pave the temporary parking lot or completely remove and re sod
the site.
Chairperson Sawtelle stated that the post oak trees located on
the lot were in jeopardy due to the illegal parking occurring
on the lot and pointed out the difficulty of replacing the
trees if the lot does not become permanent.
• Senior Planner Kee stated that the Design Review Board
required the applicant to place a barricade around the trees
in the north corner until development of the final phase; and
the 10' barricade shown on the site plan is not adequate. She
said the entire section should be barricaded by a distance
determined by the landscape table L-1 of the Zoning Ordinance.
Mr. Hall asked if the Commission could require an assurance
bond to guarantee the project's completion within the one year
time period. He also expressed concern for the need of
additional handicap parking.
Senior Planner Kee said that she was not sure if the
Commission could require an assurance bond; however, the
development agreement could include the same specifications.
Existing handicap parking should be adequate, but will confer
with the building department for requirements.
Chairperson Sawtelle opened the public hearing.
Don Garrett of 4444 Carters Creek Parkway informed the
Commission that the applicant is willing to submit a bond
covering the landscaping. The bank that owns the land needs
approval from the Commission before they will consider a lease
or sales agreement. Since the entire area of the trees in the
north corner will be barricaded, the applicant requests that
curbing along Highway 30 not extend the length of the property
in order to protect the roots of the post oak trees. Mr.
Garrett stated that the applicant intends to create a
permanent parking lot and may be able to install phases 1 and
2 initially depending on financial obligations. He requested
conditional approval of the parking lot plan subject to the
recommendations outlined by staff.
Design Review Board member David Brochu approached the
Commission to answer any questions or concerns.
Mr. Dresser asked Mr. Brochu if the buffer along Harvey Road
was too extreme or elaborate. He also asked if the cluster of
trees in the North corner could be preserved permanently by
relocating the parking lot closer to the creek.
Mr. Brochu stated that the Board would like to see more
creative screening; however, the Board's main concern is the
establishment of precedence for other projects in the Wolf Pen
Creek Corridor. The Board unanimously agreed that if the
temporary parking lot request was for a new project, it would
be denied; but the Board agreed that in this case, it should
compromise to solve an existing problem. He stated that the
lot would be permanent in nature because screening and light
fixtures would be initially installed. Pavers are not cost-
effective and would be permanent therefore in conflict with
the temporary nature of the lot. Mr. Brochu informed the
Commission that he felt the applicant was making an honest
attempt to comply with City requirements and solve an existing
traffic safety hazard.
Mr. Garrett stated that much of the parking lot would be in
the reservation line if it was relocated closer to the creek.
He said that approximately 3/4 of the property (7 - 10 acres)
would have to be dedicated. He suggested that because the
trees along the creek would be preserved through dedication,
the cluster of trees in the north corner could be destroyed.
Mr. Hall moved to deny the request for a temporary parking lot
at 504 Harvey Road. The motion died due to lack of a second.
Mr. Dresser stated that he approves of a temporary parking lot
plan because the first phase will bring the applicant in
compliance with the Zoning Ordinance. The plan submitted is
far above the standards for a temporary parking lot. He said
that the applicant is making an honest attempt to bring the
property and business up to current standards. Mr. Dresser
stated that he did not like the change of use from a
restaurant to a night club which had taken place. He also
pointed out the proposed plan is incorrect because it does not
show the required barricades. Mr. Dresser added that if this
proposal is approved, he would like the applicant to appear
before the Commission at the end of one year to see if all
requirements have been met.
Mr. Brochu explained to the Commission that the Design Review
Board requested a more permanent parking lot plan instead of
the temporary plan initially submitted, adding that the Board
was reluctant to approve a temporary parking lot without
knowing how the permanent lot would be developed. The Board
wanted to know how the permanent lot would impact the land and
the assurance that a permanent parking lot would be installed.
Mr. Garrett informed the Board that if the bank was willing to
dedicate the land, the applicant will be determined to finish
the project.
Chairperson Sawtelle closed the public hearing.
Mr. Esmond moved to approve the temporary parking lot plan at
504 Harvey Road. Mr. Michel seconded the motion.
Mr. Hall expressed concern of creating another "Mud Lot". In
one year, the Commission will be in the same situation if the
applicant does not own the land. By approving a temporary
parking lot in the Wolf Pen Corridor, a future precedence is
being set. The gravel will permanently damage the post oak
trees. Mr. Hall suggested tabling the item until the
applicant could gain more information from the bank concerning
land dedication and ownership of the lot.
• Mr. Dresser stated that the design of the lot would be
acceptable for a permanent lot. The size, islands, curbs,
screening, etc are all above City standards.
The motion failed by an even split vote (3-3). Members
Colson, Sawtelle, and Hall voted against the motion and
members Dresser, Michel, and Esmond voted for the motion.
AGENDA ITEM NO. 7: A public hearing for consideration of a
Conditional Use Permit for a night club, Daquiries, Inc.
located at 329 University zoned C-NG in the Northgate area.
(90-715)
•
Assistant Planner Kuenzel presented the staff report
recommending approval. As of May 1990, night clubs are listed
as Conditional Uses in all commercial districts. When a new
establishment is found to rely primarily on the sale of
alcoholic beverages by the drink for its business, the
proprietor of that establishment must seek and obtain a
Conditional Use Permit. The PRC reviewed this project on
December 5, 1990. Of the three voting members, the
Engineering and Planning representatives had no objection to
the proposal. The Planning and Zoning Commissioner voted
against the establishment because he felt enough of this type
of business already exists in this area. Twenty seven
property owners were notified with no response.
• Senior Planner Kee informed the Board that the PRC handles all
landscaping requirements in the Northgate area. The applicant
did not submit a formal drawing at the PRC meeting on December
5, 1990. When the applicant applies for a building permit,
landscape drawings will be required.
Mr. Hall asked about the parking requirements for high density
businesses in the Northgate area.
Senior Planner Kee stated that the PRC has discussed
requesting a traffic impact study in the Northgate area;
however, there are no current parking requirements.
Chairperson Sawtelle opened the public hearing.
Abdel-Monti Mohammad of 605 Fairview informed the Commission
that the establishment would not be a night club. The use
would be much like the old Farmers Market with pool tables,
games, sandwiches, snacks, and daquiries made of wine.
Chairperson Sawtelle closed the public hearing.
Mr. Esmond expressed concern to the. area being a pedestrian
hazard and conditional use permits in the Northgate area
should be handled on a case by case basis.
• Mr. Dresser moved to approve the conditional use permit of
Daquiries located in the Northgate area. Mr. Colson seconded
the motion which failed 4 - 2. Members Sawtelle, Hall,
Esmond, and Michel voted against the motion while members
Dresser and Colson voted for approval.
AGENDA ITEM NO. 8: A public hearing for consideration of a
Conditional Use Permit for an office building at the Sanitary
Landfill located 2.5 miles south of Highway 6 on Rock Prairie
Road. (90-714)
Assistant Planner Kuenzel presented the staff report
recommending approval with the PRC recommendations. The
office building will be located across from the existing
weighing station. Two property owners were notified with no
response to date.
Mr. Dresser stated that the crossing of utility easements was
not corrected on the site plan.
Assistant to City Engineer Morgan informed the Commission that
the crossing of utility easements are subject to change,
adding that an engineer is currently working on relocating the
easements.
Chairperson Sawtelle opened the public hearing.
Mr. Jim Ridgeway, City of College Station Landfill Manager,
informed the Commission that the current facilities are
temporary in nature. The proposed office building would be an
improvement which would make the site more pleasurable and
safe. A temporary modular building will be set in place with
exterior masonite siding. A permanent structure would be a
waste of money due to the limited 12 year operation. One set
of scales will remain and one new set will be bought to
improve the safety and traffic flow of the site. A smaller
building will be placed between the 2 scales for operation.
The water line will extend to Rock Prairie Road if the City
feels they could use it as a transmission line.
Assistant to City Engineer
transmission line will serve
outlined in the Land Use Map.
Morgan stated that the 8"
the future developed areas
Mr. Esmond expressed concern over the water line not being
placed in the public right-of-way for future public use,
suggesting the line should be made larger to serve the
surrounding developing areas.
Mr. Colson moved to approve the conditional use permit for an
office building at the Sanitary Landfill. Mr. Dresser
seconded the motion which passed unopposed (6-0).
• AGENDA ITEM NO. 9: Discussion of the proposed Brazos Valley
Masonic Library and Museum.
Senior Planner Kee informed the Commission of the history and
use of the proposed Library and Museum. She recommended the
approval of a conditional use rather than requiring C-1
zoning. The list of Conditional Uses in the Zoning Ordinance
includes community buildings, public libraries, and churches.
Private fraternal lodges are listed as a permitted use in the
C-1 General Commercial District.
Pete Normand, a representative of the Brazos Valley Masonic
Library and Museum Association, informed the Commission of the
intentional use of the facility. The structure will be more
residential in style with three major meeting rooms that will
contain books and museum cases. Meetings will be educational
in nature such as planetarium shows, laser light displays,
etc. The library will contain information on Free Masonry and
its roll in western culture, archaeology, mathematics, and
Operative Masonry.
Chairperson Sawtelle stated that she wanted it to be clear
that the establishment will be a library and museum and not a
fraternity hall. She said that the Commission should be
assured that all organizations will have access to the
• facilities.
Mr. Normand suggested the Commission stipulate in the
conditional use permit which types of meetings are allowed and
which are not. He asked the Commission to consider the
facility as a library and museum and not base its decision on
the type of organization.
AGENDA ITEM NO. 10: Presentation of the Bryan-College Station
long range transportation plan and study.
This item was withdrawn from the agenda.
Chairperson Sawtelle asked that all members read the
Transportation Plan before the next meeting and be prepared to
offer comments or suggestions.
AGENDA ITEM NO. 11: Discussion of requiring lien holders to
sign all replats before approval by the Commission.
Senior Planner Kee informed the Commission of the request by
Mr. Rowan of First City Texas to require the signature of the
lender prior to approval of any final plat, amending plat, or
replat. City Attorney Locke agreed that it was a good idea.
The Commission should consider if it would be in the
protection of public health and should the City be responsible
for notifying the lender.
• Mr. Colson said that the City should not have to have
authorization of the lender prior to the approval of a final
plat, amending plat, or replat. The City should not be
responsible for business between the developer and the bank.
Members Sawtelle, Hall, and Esmond agree with Mr. Colson.
Council Liaison Birdwell stated that the lender has protection
through legal documents and the releasing of clear title. The
City should not have the burden of notifying the lender.
AGENDA ITEM NO. 12: Other business.
Mr. Dresser stated that the Commission should take a clear
stance on whether or not to allow conditional use permits for
night clubs in the Northgate area. The Commission should be
up front and be able to give the applicant alternative
locations and uses.
Chairperson Sawtelle said the Northgate area is already a
pedestrian hazard and proposed night clubs could be located
somewhere else. She agreed that the Commission as a whole
would need to take a stance, and the primary purpose of the
business should be considered in each case.
Mr. Dresser stated that an establishment benefiting primarily
from alcohol drink sales is not appropriate along University
Drive. He also expressed concern about the parking problem at
Sneakers not being solved.
Mr. Colson said that he would like to see a permanent lot in
the Wolf Pen Creek Corridor instead of a temporary lot. He
added that the Design Review Board should establish an
architectural scope such as rock walls, wrought iron, etc.
Mr. Hall stated that the applicant is not complying with what
he committed to originally. The parking lot should be
permanent because the damage to the vegetation will be
permanent. He added that the applicant created the traffic
hazard when he changed the use of the building.
Mr. Esmond stated that there are no other alternatives for the
site. The applicant will be forced to go back to the original
use, a restaurant. If the Commission will not allow a
temporary parking lot, that section of the ordinance should be
deleted.
Senior Planner Kee explained to the Commission that an
ordinance could not legally require property owners, i.e. the
bank in this case, to enforce their trespass rights. Instead,
nuisance complaints could be filed.
AGENDA ITEM NO. 13: Adjourn.
• Mr. Colson moved to adjourn the meeting of the Planning and
Zoning Commission. Mr. Dresser seconded the motion which
passed unopposed.
APPROVED:
'; -,--
CYiairman, 'Nancy Sawtelle
ATTEST:
City Secretary, Connie Hooks
PLANNING AND ZONING COMMISSION
GUEST REGISTER
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