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HomeMy WebLinkAbout08/05/1993 - Minutes - Planning & Zoning CommissionMINUTES Planning & Zoning Commission CITY OF COLLEGE STATION, TEXAS August 5, 1993 7:00 P.M. :7 r~ MEMBERS PRESENT: Chairperson Hawthorne, Commissioners Mariott, Gribou, Smith, Herring, Lane and Hall. MEMBERS ABSENT: None. STAFF PRESENT: Assistant Director of Economic Development Services Callaway, City Planner Kee, City Engineer Pullen, Planning Technician Thomas, Staff Planner Kuenzel and Development Coordinator Volk. AGENDA ITEM NO. 1: Approval of minutes from the meeting of July 15, 1993. Commissioner Marion moved to approve the minutes from the meeting of July 15, 1993 as written. Commissioner Smith seconded the motion which passed unopposed (6 - 0). AGENDA ITEM NO. 2: Public hearing to consider a rezoning request of a 1.00 acre tract located appro~mately 200' west of the Barron Road and State Highway 6 intersection, from R-1 Single Family Residential to Gl General Commercial (93-109) City Planner Kee presented the staff report and recommended approval with the provision that the two parcels be replatted into a single lot. The City Council may also opt to direct staff to encourage transitional zoning for the property located to the west along Barron Road. In addition, the Council has the option to direct staff to require consolidation of access and signage between the subject property and the vacant C-1 tract to the south. The subject property was given the interim zoning classification of R-1 Single Family Residential when it was annexed into the City. At the time of annexation, the property had a preexisting storage building on it. When the use was changed without the City's knowledge, the property lost legal nonconforming status, and no use other than an R-1 use would not be permitted. Due to the enforcement action on the part of the City, the building has been vacant since May of 1992. The subject property is surrounded on three sides by C-1 General Commercial zoning. it seems unlikely that the subject property will be developed under its present zoning classification. To the north, across Barron Road, the Springbrook subdivision is zoned and developed for single family residential use. Development policies suggest that a roadway may prove to be an adequate buffer between residential and commercial properties. The request is in compliance with the land use plan and would meet zoning ordinance minimum lot size requirements. Technically, the lots do not meet the minimum depth policy that was adopted in an effort to prevent strip development. However, the transition zone as shown on the land use plan, if implemented through future rezoning decisions, should eliminate the possibility of a commercial strip. Staff does have some concern regarding the fact that the request is for two relatively small, narrow tracts because each lot has frontage on Barron Road. Two commercial buildings in the given configuration could result in the negative impacts associated with strip developments (proliferation of signage, numerous curb cuts, etc.). Replatting the two tracts into a single lot would alleviate these potential problems. Seven surrounding property owners were notified of the public hearing with no response. Chairperson Hawthorne opened the public hearing. Sccing no one present to speak in favor of or in opposition to the rezoning request, he closed the public hearing. Commissioner Gribou moved to recommend approval of the rezoning request of a 1.00 acre tract located approximately 200' west of the Barron Road and State Highway 6 intersection, from R-1 Single Family Residential to C-1 General Commercial, with staff recommendations. Commissioner Lane seconded the motion which passed unopposed (7 - 0). AGENDA ITEM NO. 3: Consideration of a preliminary plat for the Pershing Park Subdivision. (93-30'7) City Planner Kee presented the staff report and stated that there were two final plats approved for the subject property in the past. Neither plat was ever filed and the property has remained vacant. The applicant is proposing, with this preliminary plat, to change the street configuration. The previous plats provided for access from Thomas Street through this property via Hawthorne Street to Holleman. This replat does not provide for that connection but instead provides a cul-de-sac. There is existing platted right-of-way in the adjacent subdivision where this connection was to be made. The street was never built in this right-of-way but was to be done with the development of the subject property. With this replat and the lack of connection, there is a lot in the adjacent subdivision that will be land locked and without access. Staff feels, and has confirmation from the City's legal department, that this applicant has the responsibility of the former developer in providing that access to the affected lot. This access should be constructed or guaranteed with the final plat of this property. Staff has only preliminary floodway line information at this time. Final design information will be important in determining the location of easements and calculation of developable property during the final plat process (property within the floodway is not developable). Several complaints have been received regarding the sanitary sewer system in this area, and the appropriateness of connecting additional homes to the lines. Approximately two years ago, the twelve inch line which is proposed to serve this project, was repaired and now operates well within capacity. During the week of July 26, 1993, the six inch line was inspected via video and found to be in need of cleaning and related minor maintenance. The required cleaning will be addressed as part of the City's normal maintenance program. Staff recommended approval of the preliminary plat with presubmission conference comments. Chairperson Hawthorne informed the audience that the public would be allowed to speak on this item even though a public hearing was not scheduled. Charles L. Boyd of 910 Pershing Street informed the Commission that he has resided at this address for twenty- eight years. He expressed concern of the sewer capacity in the area. Since 1989, Mr. Boyd has called the City on four different occasions in which raw sewage was draining into Bee Creek. The last time this drainage occurred • was this past spring. Mr. Boyd stated that his main concern is the public health especially with the number of children who play around the creek. The City has said that they will take care of the problem; however, there is nothing in writing guaranteeing the residents that the existing problem will be solved or that the future development will not add to that problem. Mr. Boyd also expressed concern about overall drainage in the area. There are currently many trees and brush in Bee Creek that impede the flow of water causing adjacent residences to flood. Garland Cannon of 805 Hawthorne informed the Commission that he has resided at this address for twenty-seven years. With the past recent rains, his house has almost flooded due to the lack of adequate drainage in the area. Mr. Cannon stated that seventeen additional houses in the area will only cause more drainage and sewage problems than currently exist. Ailene Kuvleski of 804 Hawthorne approached the Commission and expressed concern of the current sewer capabilities in the neighborhood. Before the 12" line was repaired, she had sewage back up in her home. Ms. Kuvleski also stated that some residents in the neighborhood had trouble with sewage backing up in their homes this past spring. Bruce Treybig of 912 Pershing informed the Commission that his home has nearly flooded twice, once in 1971 and once in 1988. Since that time, the City has built a drainage ditch that helps the problem; however, Bee Creek needs to be kept clean so that drainage can flow into the creek and away from the homes. Mr. Treybig also expressed concern of the sewer capacity in the area and the negative impacts of the proposed development. Carl Erdman of 902 Pershing approached the Commission and stated that he has resided at this address for seven years. He expressed concern of the drainage and sewage problems in the neighborhood. Mr. Erdman stated that he does not have a lot of confidence in that the maintenance issues will be taken care of with this new • development. Patricia Cannon of 805 Hawthorn approached the Commission and suggested that a retaining wall be required along Bee Creek to prevent future flooding. P ~e Z Commission Minutes August S, 1993 Page 2 • Waste Water Operations Manager Lawrence Carter approached the Commission and stated that the majority of the sewage problems mentioned previously occurred prior to the 12" line being repaired. Since that line was repaired, there have been no records of stoppages in the line; however, there have been stoppages in the property owner's service lines. Most of the sewage problems stem from the 6" line in the area. Staff videoed that line and found some root growth and is currently working to correct that problem. If the maintenance does not solve the problem, the City will look at replacing that line. The 17 houses proposed with the Pershing Park development will all tie into the 12" line, not the 6" line. The 12" line currently runs at approximately one quarter capacity. Mrs. Charles L. Boyd expressed concern with the rain flooding the sewer line and still causing raw sewage to drain into the creek. Charles L. Boyd stated that he wants some commitment in writing from the City that they will come out and fix any problems that occur. Chairperson Hawthorne informed the audience that staff reviews the impact studies prepared by an engineer that address the utility impacts on the surrounding developments. As best as staff can determine with current technology, the studies show that the current capacity levels are adequate; however, no one can guarantee the surrounding property owners 100% that they will not be effected by the new development. The drainage ordinance requires the developer to maintain their run-off and drainage on their property. The developer cannot increase the amount of drainage from his property and flood adjacent properties. However, the City cannot penalize this developer for the existing problems of the neighborhood. Znobia Sepe of 800 Hawthorn informed the Commission that water has come over the banks of Bee Creek five times this year alone. City Engineer David Pullen approached the Commission and informed the audience that many of the flooding problems in the area are the result of previous development practices. When this neighborhood was developed, • it was desirable to build homes closer to the creek; however, due to problems with flooding, this is no longer a common practice. Given that many of the homes in this area are located within the floodplain and many have low finished floor elevations, the City cannot make any guarantees that the existing homes will not flood. The current drainage ordinance does not allow the developer to increase the existing drainage discharge from the property. The developer is required to facilitate all of the increased drainage; however, he cannot be held responsible for existing problems in the area. Charles L. Boyd suggested that the trees be removed from the creek to allow the creek to hold more water. City Engineer Pullen stated that he will work with internal operations staff and pass on the information that was discussed in this meeting. Chairperson Hawthorne stated that the Commission cannot address maintenance issues; however, the problems in the area are a concern to everyone. The issues discussed in tonight's meeting should be passed along and followed up by the appropriate operations staff. Commissioner Gribou moved to recommend approval of the preliminary plat for the Pershing Park subdivision with all staff and audience comments including those that pertain to the location of the floodplain, access to lot 9, and drainage and sewage concerns. Commissioner Mariott seconded the motion. Commissioner Hall questioned the applicant as to the homeowners association and their involvement in maintaining all common areas. Engineer Earl Havel of Garrett Engineering approached the Commission and stated that the developer is not present to give the details of that homeowners association agreement. However, he does know that there will be an association established to maintain the common and detention areas. The drainage easements that lead to • Bee Creek will probably be maintained by the individual property owners. The homes that will back up to Bee Creek will be constructed so that the rear of the home will be on stilts to minimize the impact on the existing floodplain. P & Z Commission Minutes August S, 1993 Page 3 Garland Cannon suggested that the developer look at the capacity of the bridge and possibly increase the size to allow more water to flow through and decrease the possibility of flooding in the area. • Earl Havel stated that if the capacity of the bridge structure is increased, flooding problems will be created downstream. Chairperson Hawthorne questioned staff as to the placement of fences and the effects of the proposed fence ordinance. He stated that fences can be addressed at the time of final plat and written into the homeowners association agreement that fences not be allowed in the creek. The original motion to recommend approval of the preliminary plat of Pershing Park, with staff recommendations and public comments, passed unopposed (7 - 0). AGENDA ITEM NO. 4: Consideration of a final plat for the Southwood Valley Section SA Subdivision. (93- 22f1) City Engineer Pullen presented the staff report and recommended approval of the final plat with the condition that the condominium declaration be filed for record. The subject plat divides a platted and developed property for the purpose of sale of the buildings and the property they cover. Common ownership is to be held in the remaining property under a condominium declaration. Therefore, each lot has a property interest connection to public roadways and easements and as such has access to public facilities. Commissioner Gribou moved to recommend approval of the final plat for the Southwood Valley SA Subdivision with staff recommendations. Commissioner Mariott seconded the motion which passed unopposed (7 - 0). AGENDA ITEM NO. 5: Consideration of a site plan for a conditional use permit to allow a fire station to be located in block A of the Shenandoah Phase One Subdivision. (93-713) City Planner Kee updated the Commission on staff's research of the driveway issue for the proposed Fire Station #3. Rather than move the existing shared driveway, the legal department drew up an access drive agreement between the City and the adjacent property owner in which the adjacent property owner is responsible for maintenance of the drive. The agreement indemnifies the City from liability and limits the access to eighteen wheel vehicles that are currently using that access. If the user of the property leaves, the drive must be removed at the cost of the adjacent property owner. If the use of the property changes, the agreement terminates. Commissioner Mariott moved to grant a conditional use permit to the City of College Station to allow a fire station to be located in Block A of the Shenandoah Phase One Subdivision, with staff recommendations. Commissioner Herring seconded the motion. Chairperson Hawthorne expressed concern of the agreement not addressing the possible selling of the property. The agreement should state if it is to run with the land or address the termination of the agreement if the property is sold. Commissioner Herring expressed concern with the legality of the City entering into a perpetual agreement. Commissioner Hall stated that he would prefer that the section of the agreement that limits the use of the driveway to "18 wheel vehicles" be reworded to include smaller delivery trucks and other vehicles that are currently using the driveway. Fire Marshal Dave Giordano approached the Commission and stated that staff is working on clarifying that section of the agreement. There will probably not be restrictions on the type of traffic that is allowed to use the driveway. City Planner Kee informed the Commission that the agreement is a draft and there are still a few details to be • addressed. The section that discusses "18 wheel vehicles" will probably be more of a general statement to address other traffic. The City's legal department drew up this agreement and they should feel comfortable about the legality of entering into a perpetual agreement. P ~~ Z Commission Minutes August ~, 1993 Page 4 Commissioner Hall moved to amend the original motion of approval to include that staff address the issues t were presented by Commissioners Herring, Hawthorne and Hall. Commissioner Gribou seconded amendment which passed unopposed (7 - 0). •, The original motion to grant the conditional use permit as amended passed unopposed (7 - 0). AGENDA ITEM NO. 6: Consideration of a final plat for the Devonshire Phase II Subdivision. (93-22~ City Engineer Pullen presented the staff report and recommended approval with the presubmission comme however, the engineering comment in the presubmission report that discusses a development agreement betty.,.,.. the Myrad Real Estate company and the City of College Station should be deleted. The agreement is a four way agreement in which Myrad Real Estate is a general partner. The section of the agreement which discusses the extension of Rock Prairie Road states that the extension should occur by September 31, 1993 and not September 1, 1993. The proposed final plat is consistent with the conceptual plans submitted by the developer at the time of the master preliminary plat that was presented and approved by the City. Sidewalks are required by ordinance along one side of Shire Drive. Phase One was approved with a sidewalk along Victoria Avenue. The construction of this walk will be done with the Victoria Avenue project. The developer will be required to guarantee this construction prior to the filing of this final plat for phase two. Commissioner Hall questioned staff as to the time frame of the proposed extension of Victoria Avenue. Ciry Engineer Pullen informed the Commission that staff is still in the preliminary stages and that there is some right-of-way that needs to be acquired. City Engineer Pullen stated that he anticipates that by the early part of next year, Victoria Avenue will be under construction. Representative of the applicant Deborah Keating approached the Commission and stated that the developer is opposed to the suggested pedestrian accessway through the Mustang cul-de-sac. The developer is participating in a sidewalk along Victoria Avenue that can facilitate the pedestrian traffic. An additional accessway could cause • security problems for the residents of that cul-de-sac. Dan Bensimon of Myrad Real Estate stated that the cost of the access is not an issue. He expressed concern of creating a secluded alley that could potentially cause security problems. If Mustang Drive was a longer cul-de-sac, the alternate pedestrian access may be a consideration; however, with the current configuration, very few students would use it. City Engineer Pullen informed the Commission that the pedestrian access would be an improvement to the subdivision and provide a short cut for the students of the schools along Rock Prairie Road; however, it is not actually necessary. Commissioner Hall moved to recommend approval of the final plat of Devonshire Phase II with staff recommendations with the exception of the pedestrian access through the Mustang cul-de-sac. Commissioner Herring seconded the motion which passed unopposed (7 - 0) AGENDA ITEM NO. 7: Public hearing to wnsider a several amendments to the Zoning Ordinance pertaining to multi-fatuity parking requirements, Streetscape Plan compliance, definitions and Project Review Committee criteria. (93-814) City Planner Kee presented the ordinance amendment to various sections of the Zoning Ordinance. The change in the definition of a nightclub is in response to recent case law where it is not permissible to vary certain regulations based on alcohol sale. Currently the City requires conditional use permits for nightclubs and not restaurants. The current definition of nightclub hinges on the sale of alcohol. The proposed definition deals with the nature of the operation aside from any alcohol sale and consumption. The change in the definition of restaurant allows the City to make a distinction between the two types for parking calculation purposes. Other proposals in the ordinance amendment deal with the parking requirements for multi-family housing, requiring use permits for sexually oriented enterprises (City Code currently regulates sexually oriented enterprises but there is no special permit required), and strengthening the Project Review Committee's ability to require sidewalks at the time of site plan, visual screening of dumpsters and certain parking areas and require compliance with the City's adopted Streetscape Policies and Plan. P ~~ Z Commission Minutes August ~, 1993 Page ~ Commissioner Mariott expressed concern of requiring a rear alley for all multi-family development. Tl . proposed parking arrangement will require larger lots. City Planner Kee stated that the proposed ordinance does not require rear access. Amulti-family developme can have driveways in the front; however, the parking must be in the rear. There are some existing lots that m; be cases for a variance where appropriate and the proposed ordinance may require a larger lot. The builder w have to consider the bedroom mix and the parking ratio. Commissioner Mariott stated that he agrees that parking numbers should be increased for multi-family projects; however, one parking space per bedroom should be adequate. The rear parking requirement is going to cause problems using existing lots and increase building costs. City Planner Kee informed the Commission that the multi-family parking issue was in response to some community appearance issues. Staff has been working with some developers that are attempting to screen the parking through the use of berms and landscaping. Commissioner Mariott stated that he would like to look at the ordinance from a business perspective and allow for more input. Additional parking is needed for multi-family development; however, the proposed ordinance should not procede further to City Council without more input. Commissioner Hall stated that the community needs to look at the future and see how we want the City to develop. The parking and parking lots along Airline, San Benito and other streets in Southwood Valley look terrible; and now with the current sanitation system, there are trash receptacles located in the front as well. Chairperson Hawthorne opened the public hearing. Seeing no one present to speak in favor of or in opposition to the proposed ordinance amendment, he closed the public hearing. • Commissioner Gribou moved to recommend approval of the ordinance amendment with the provision that the section which requires rear parking for multi-family development be removed to allow staff and the Commission time for more input. Commissioner Herring seconded the motion. Commissioner Hall questioned staff as to Section 8.16 pertaining to yard fences. Assistant Director of Economic Development Services Jim Callaway informed the Commission that the principal purpose of requiring a permit for fences is to verify that the fences will not be located in easements. Staff will probably not inspect each fence unless there is an adjacent drainage easement or a potential site distance problem at an intersection. Commissioner Hall expressed concern of adding more paperwork and requirements throughout the City. The City should not require a permit for every lot when the drainage easements are the only areas that should be addressed. Commissioner Hall stated that he understands the intent of the ordinance amendment; however, there should be some other way of accomplishing the same goal. Commissioner Gribou stated that fence locations are problems all over the City; however, he is not sure if this ordinance will guarantee that fences will be built on property lines. Commissioner Hall moved to amend the original motion of approval to remove section 8.16 from the ordinance amendment for further discussion. Commissioner Herring seconded the amendment which passed unopposed (7 - 0). Commissioner Mariott moved to amend the motion for a second time to remove section 9.3 of the ordinance amendment that addresses multi-family parking numbers and locations. Commissioner Herring seconded the amendment which passed (6 - 1); Chairperson Hawthorne voted in opposition to the amendment. • The original motion as twice amended passed (6 - 1); Chairperson Hawthorne voted in opposition to the motion. P ~ Z Commission Minutes August S, 1993 Page 6 AGENDA ITEM NO. 8: Public hearing to consider an amendment to the Subdivision Regulations pertaining to platting requirements. (93-815) r~ • City Planner Kee presented the ordinance amendment that deals with the Subdivision Regulations and simply explicitly states the instances when platting is required. The amendment clarifies when someone has to plat, defines a plat and adds section 4-A which states that someone must submit a plat to subdivide property. Chairperson Hawthorne opened the public hearing. Developer Dan Bensimon of Myrad Real Estate approached the Commission and requested to address the yard fence issue. He suggested the following as an alternative to the ordinance amendment to require a permit for all fences: (1) require all developers to place a note on the final plat that prohibits fences in drainage easements or show where the fences can be located; or, (2) require the developer to place a note in the deed restrictions concerning the placement of fences. Most developers place fence requirements in the deed restrictions; if a permit is required for all fences, the City may allow a type of fence or location that is not allowed under the deed restrictions. Mr. Bensimon stated that he would prefer to show the fence building line on the plat and the filed deed restrictions. This proposal would save paperwork and remove the responsibility from the City. Chairperson Hawthorne closed the public hearing. Commissioner Herring moved to recommend approval of the ordinance amendment to the Subdivision Regulations pertaining to platting requirements. Commissioner Gribou seconded the motion which passed unopposed (7 - 0). AGENDA ITEM NO. 9: Other business. There was no other business. AGENDA ITEM NO. 10: Adjourn. Commissioner Herring moved to adjourn the meeting of the Planning and Zoning Commission. Commissioner Mariott seconded the motion which passed unopposed (7 - 0). A ~. ~,rf Planning 1'~ch~cian, Natalie Thomas P ~C Z Commission Minutes V$D: Chairperson, Kyle Hawthorne August ~, 1993 Page 7 • Registration Form (For persons who wish to address the Commission) Date of Meeting Agenda Item No. ~~ ~s ~~ ~_ Name L ~ .~ K' ~ ~ r,'~~~ Address C'<~ ~'!'S~Y9ti G ~' If speaking for an organization, Name of organization: Speaker's official capacity: ct on whic pers n wishes to s ea~: S 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 PLANNING FILES. • Registration Form (For persons who wish to address the Commission) Date of Meeting ~ ~ ~ ~ ' Agenda Item No. - Name " '''~ _ . ~ . ,, ` ~ ~ Address . - ~ ;, Y, ~ - _1 , -,. ~ - ., , r - If speaking for an organization, Name of organization: _ ~ 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 PLANNING FILES. • Registration Form (For persons who wish to address the Commission) Date of Meeting Agenda Item No. ,, Name :~-, ,y~ .~~ --,-, ~ ;~ ~ ,; ~~ Address ''~' `~ lei, ~„ ~. / ~~ If speaking for an organization, ~ Name of organization: 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 PLANNING FILES. n ~J ., 1. z. Manning ~' Zoning Commission Guest ~eBister ~, Date ~ ~~ ~ ~"', ~ ~ ~~, -_ 3. 4. ~7t.r ~ ~ y~ 6. ~Q?~ __,._._^ 7. ~~ -1, ~-lJ 10. -~ ..~---~~:~~~ 11. ~` }~(~ ~ ~C 12. ,-~, ., 13. - t ~'\ ,k tom, ~ T ~ (~K ~ f ~ jj1 % 7 1 16. 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