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HomeMy WebLinkAbout06/20/1991 - Minutes - Planning & Zoning CommissionM I N i1 T E S Planning and Zoning Commission CITY OF COLLEGE STATION, TEXAS 7:00 P.M. June 20, 1991 i• • MEMBERS PRESENT: Chairperson Sawtelle, Vice Chairperson Dresser, Members Michel, Colson, Esmond and Hall. MEMBERS ABSENT: Member Gentry. STAFF PRESENT: Senior Planner Kee, Planning Technician Thomas, Development Review Coordinator Volk, Transportation Planner Hard, Senior Assistant City Attorney Bailey-Graham, Assistant City Attorney Rayner, Public Services Director LaBeau and Assistant to the City Engineer Morgan. (Council Liaison Gardner was in the audience.) g(,,,F.NnA TTRM Nn__~„ Approval of Minutes - Workshop of June 6, 1991. Mr. Dresser moved to approve the minutes of the workshop meeting of June 6, 1991 as presented. Mr. Michel seconded the motion which passed unopposed (5 - 0). (Mr. Colson was not present during the approval of the minutes.) A(~,Ft~._,.I.TF.M Nn_,._2_:,. Approval of Minutes - Meeting of June 6, 1991. Mr. Michel moved to approve the minutes of the regular meeting of June 6, 1991 as presented. Mr. Dresser seconded the motion which passed unopposed (5 - 0). (Mr. Colson was not present during the approval of the minutes.) grF11iIL TTFM Nn.__3__ Public hearing to consider a conditional use permit for a night club to be located at 1306 Harvey Road in the Post Oak Square Shopping Center. Applicant is Gabriel Chapa. (91-705) The conditional use permit request was withdrawn by the applicant prior to the meeting. AC`Fr~A _„jTRM Kam. d = Request to appeal a PRC decision to allow a second freestanding sign at the proposed HEB location at Texas and Holleman. (91-807) The appeal request to allow a second freestanding sign was withdrawn by the applicant prior to the meeting. A,GF..hIIlA......L.TEM.__.Di~._~._5..:.. Final Plat - Pebble Creek Section 1D. ( 91-212 ) Assistant. to the City Engineer Morgan presented the staff report. recommending approval with the following conditions: • -- .., ''~ ~k ti ~1 B ~ ,, ~ r~~,~r- ~ < <Z L ~~ -r^~`~~C. L - . -~~. ma_nt enance c<~.:~di t ions ( per June 12th 1 et ter ; be im~~o~ed on the drainage easements; and, -- addition ~~f a note between Lots b, 7, and 8, Block 3 fog a 20' utility easement. This final pi.at varies only slightly from the revised master preliminary plat presented to the F & Z January 18, 1990. The difference being the number of lots provided in this area and the lengths of the cul-de-sacs. As noted on the plat, there is one drainage easement provided along the side lot line of Lat 9, Block 4. Staff has discussed with the applicant., several options with regard to the maintenance of the facility. The applicant has requested to place the drainage along Lot 9 in a pipe to allow far mare useable yard space by the property owner. Staff is agreeable with this design change. The plat as presented does comply with the City land use plan, transportation plan, and the approved master preliminary plat with regard to the proposed land use and proposed public improvements. Representative Dan Sears approached the Commission and offered to answer any questions. He explained that the owner would prefer that the drainage pipe be placed underground so that the property owners would have use of this extra 10' of ground space and that the City would maintain this easement. because the facilities are underground. Mr. Sears explained that he is certain that an underground structure would work; however, the engineers involved in the Pebble Creek project are still working on the exact numbers and data. If for some • reason the underground facility did not work, the owner has requested to accept. the option that rear fences could be allowed only along the boundary of the easement with gates to provide access for maintenance and an open channel installed for drainage. Many of the drainage ways aLe on the golf course that is currently maintained by the developer and eventually a homeowners association; thus, not creating a problem when requiring a homeowners association to maintain the drainage easements. An association has been established for the Pebble Creek_ development with a fixed life of forty years. Mr.. Esmond expressed concern of the life of the homeowners association and the workability of an underground structure. Looking at the contours on the preliminary plat, water will probably overflow an underground pipe. Mr. Esmond stated that he could not support. the plat due to various unresolved issues. Mr. Colson expressed concern of the new drainage policy and its effect on the Pebble Creek development. The City is creating confusion by not having a clear cut policy on which easements are City maintained and which are not. The applicant should have been notified of the shift in maintenance responsibilities prior to PRC review. Mr. Dresser moved to approve the final plat of Pebble Creek Section 1D with the condition that staff work out the warding and drainage structure details with the applicant satisfactorily prior to Counc.ii consideration. Mr. Colson seconded the oration which failed (3 - 3?• • (Members Michel, Hall and Esmond voted in opposition to the motion.? P & Z Minutes June 20, 1991 Page 2 Mr. Michel moved to table the final plat of Pebble Creek Section iD until further information: was presented with a final copy of the plat. • Mr. Esmond seconded the motion which failed (2 - 3). (Chairperson Sawtelle, Vice Chairperson Dresser and Member Colson voting in opposition to the motion. Mr. Hall abstained from voting.) Mr. Esmond explained that the letters of correspondence between Development Services Director Ash and Mr. A. P. Boyd were vague and not a clear record. If the plat was approved as presented, the City would be doing a disfavor to the future property owners. The words "drainage easement" should be included on the plat and the Members should have a final draft of the plat and not one that has been marked through by staff. Senior Assistant. City Attorney explained that. a motion would supersede all letters of correspondence and staff recommendations. If the P & Z would address their concerns in the form of a motion, the plat could continue to Council. Mr. Colson explained that he believed the applicant was being forced to appease the City because of strict time constraints. The applicant is ready to proceed with the project and the City is adding new restrictions and stipulations. Mr. Esmond moved to approve the final plat of Pebble Creek Section 1D with the following conditions: -- the red marks on the plat presented are void; • -- the plat is not subject to any recommendations of staff; and, -- the developer is to provide underground drainage facilities along Lots 9 & 10; if not the applicant must return to P & Z with alternatives. Mr. Colson seconded the motion which passed unopposed (6 - O). Chairperson Sawtelle called for a five minute recess. A~FNnA TTF.M Nf2. 6~ Final Plat - Pebble Creek Section lE. (91-213) Assistant to the City Engineer Morgan presented the staff rep~~rt recommending approval with the following conditions: -- underground drainage facilities along Lots 9 & 10, Block 4 will be maintained by the City; -- addition of a 10' utility easement to the proposed 30' utility and drainage right-of-way south of Lots 45-51, Block 3 (per GTE - PRC minutes); -- addition of a general note providing for the maintenance of the 30' landscape reserve by a homeowner's association; P & Z Minutes June 20, 1991 Page 3 -- the 30' drainage and utility right-of-way be changed to a 30' utility easement and common area between Lots 45 • - 51, Block 3; and, -- a note be placed on the plat requiring a homeowners association to maintain the 30' utility easement and common area. Representative Bobby Lane approached the Commission and explained that the landscape reserve area was needed to buffer the residential lots from a proposed roadway and future C-1 development. The landscape easement is a common area and will be maintained by a Homeowners Association as stated in the deed restrictions. The area is a natural buffer consisting of trees and brush that the developer does not want to disturb. Mr. Hall questioned staff as to why the City cannot maintain the drainage easements when they are built according to a strict drainage ordinance that would make the structures easy to maintain? The City can cut costs through strict enforcement of the drainage ordinance and building maintenance-friendly drainage structures that can be maintained by the City. The City is asking homeowners to assume a maintenance responsibility of an unknown cost. Mr. Colson ex new drainage Council needs • direction and adopted prior pressed his concern of the direction of Council with the policy and shift in maintenance responsibility. The to make a firm stance and give the P & Z some definite recommendations. The policy should be more defined and to enforcement. Mr. Esmond agreed with the concerns of Mr. Colson and Mr. Hall and suggested a meeting between developers and staff, such as the meeting of property owners along University during the University Drive Study, to inform and educate the public as well as get their input on the proposed changes. Developers and homeowners are not given fair enough notification of the policy changes and the shift. in maintenance responsibilities. He also expressed concern as to the confusion of mainter.ar.ce of the various easements and possibly misleading to future home owners. M.r. Esmond moved to deny the final plat of Pebble Creek Section 1E as presented due to its incompleteness and various unresolved issues. The motion died due to lack of a second. Mr. Dresser moved to approve the final plat of Pebble Creek Section 1E with the following conditions to be met prior to Council ~~onsideration: -- underground drainage facilities along Lots 9 & 10, Block 4 will be maintained by the City; -- addition of a 10' utility easement to the proposed 30' utility and drainage right-of-way south of Lots 45-51, Block 3 (per GTE - PRC minutes); -- addition of a general note providing for the maintenance of the 30' landscape reserve by a homeowner's association; P & Z Minutes June 20, 1991 Page 4 -- the 30' drainage and utility right-of-way be changed to • a 30' utility easement and common area between Lots 45 - 51, Block 3; and, -- a note be placed on the plat requiring a homeowners association to maintain the 30' utility easement and common area. Mr. Esmond seconded the motion. Mr. Michel moved to amend the motion to exclude the recommendation concerning the requirement of a homeowners association to maintain the 30' utility easement and common area. Council can determine whether or not the utility easement and common area should be maintained by a homeowners association. The amendment to the original motion passed unopposed (6 - 0 The motion to approve the final plat, with conditions and the amendment, passed unanimously (6 - 0). AC;RNI~A .ITRM j~_ 7- Consideration of the University Drive Report. Senior Planner Kee presented the following recommendations to the Commission: -- limit areas reflected on the Land Use Plan for multi- family uses to R-3 or R-4 with A-P a possible alternative, leave Tract C as R-4 or rezone it tc~ A-p and consider favorably requests for additional A-P zoning just east of the University Park Subdivision; -- amend the Zoning Ordinance to create a new commercial zoning district which would be available City-wide and rezone through City initiation all C-1 tracts within the study area to the new C-B zoning district.; -- accept rezoning upon request of the Wheeler tract on the west to C-B and the one on the east to A-P; -- leave the R-1 zoning of tract E until such a time as rezoning is requested; -- rezone through City initiation the C-N tract at the corner of Spring Loop and University Drive to R-4; -- adopt an ordinance creating an overlay district, compatible with any Streetscape recommendations, addressing elements such as parking lot screening, corridor theme plantings, building setbacks and colors, signage and utility locations as proposed for application of all major corridors; and, -- limit access drives. Mr. Colson explained that he agreed with all the recommendations except that the land at the East By Pass and University should remain C-1. The property owners at these corners should not allow the City P & Z Minutes June 20, 1991 Page 5 tc rezone these prime areas for uses allowed in a C-1 district. Mr. Colson moved to accept all the recommendations except for the rezoning of the land at the corners of the East By Pass and University. The motion died due to lack of a second. Mr. Dresser explained that the Commission is requesting direction from Council and the details of each recommendation will be discussed further in public hearings at the P & Z and Council levels. The P & Z should move forward with a strong recommendation of approval of the overall concept and resolve any details after further direction from Council. Mr. Esmond agreed and stated that the corners are a major point in creating an aesthetically pleasing entry corridor. The corners will set precedence for the entire entryway. C-1 zoning is appropriate further along the East by Pass; but not along University or on the corners of the East By Pass at this particular entrance. Mr. Hall moved to approve the recommendations presented in the Unive~~sity Drive Study Report as presented. Mr. Michel seconded the motion which passed (5 - 1). (Mr. Colson voted in opposition to the motion.) &GENDg..._LT.EM..._N~L......_8..:_ Other business . Mr. Esmond suggested a workshop meeting with Council to discuss and formalize the new drainage policy and to receive some direction when considering new and existing developments. • Mr. Hall questioned staff as to the status of regulating pennants and banners and to the length of time that a site plan is effective on an area that is undeveloped. Senior Planner Kee explained that the pennants and banners are being considered in the Streetscape study. She informed the Commission that the zoning of land is permanent; however, the time period of a site plan is difficult to determine because it deals with certain vested rights in the property. ADEN,I).A._...LTEM.._.hiII..._._.1:. Adjourn . Mr. Colson moved to adjourn the meeting of the Planning and Zoning Commission. Mr. Dresser seconded the motion which passed unopposed (6 - 0). APPROVED: h irper on, Nancy Sawtelle ATTEST • Plan ing Technician, Natalie Thomas P & Z Minutes June 10, 1991 Page 6 C~ NAME 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15- 16. 17. 18. 19. 20. 21. 22. 23. 24. ~5- PLANNING AND ZONING COMMISSION GUEST REGISTER DATE r ~; p ~ c"