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HomeMy WebLinkAbout02/03/1994 - Minutes - Planning & Zoning CommissionMINUTES Planning & Zoning Commission CITY OF COLLEGE STATION, TEXAS February 3, 1994 7:00 P.M. COMMISSIONERS PRESENT: Chairman Hawthorne, Commissioners Mariott, Smith, Lane and Hall. COMMISSIONERS ABSENT: Commissioners Gribou and Herring. STAFF PRESENT: Assistant Director of Economic & Development Services Callaway, City Planner Kee, City Engineer Pullen, Planning Technician Thomas, Development Coordinator Volk, Transportation Planner Hard, Staff Planner Dunn and Staff Planner Kuenzel. (City Councilman McIlhaney was in the audience.) AGENDA ITEM NO. 1: Approval of minutes from the meeting of January 20, 1994 Commissioner Hall moved to approve the minutes from the meeting of January 20, 1994 as written. Commissioner Mariott seconded the motion which passed unopposed (5 - U). AGENDA ITEM NO. 2: Public hearing to consider a rezoning re uest of approximately 8.90 acres located on the southeast corner of F. M. 2818 and Welsh, Tract A of Southwood Valley Section 30, from C-N Neighborhood Commercial and G3 Planned Commercial to G 1 General Commercial (94100) Chairman Hawthorne excused himself from considering agenda items two and three due to a conflict of interest. Staff Planner Kuenzel presented the staff report and stated that the purpose of the C-3 zoning that is currently ~n place is to provide small commercial sites that are relatively low traffic generators that have little impact on surrounding areas. The purpose of the C-N district is to provide low traffic generators with uses oriented to the area neighborhood. As a condition of the C-N district, the applicant would be required to prove to the Planning and Zoning Commission that the use he proposes is going to serve the residential area as opposed to the general public. The requested C-1 zonin would have no limitation and its general commerci; Comprehensive Plan states that com major roadways. This rezoning wot reflects the subject tract as high de: Plan, the property has been rezoned. request to rezone this area from R-1 The City Council decided at that timf would be more appropriate due large size restriction of a maximum of tw district limits the lot acreage to three of Tract A that would comply with th a change in conditions that could ju opportunity for a comprehensive ap There is some concern for traffic on 1 can be addressed through the platting g maximum size 1 uses do not require additional review. The City's nercial property should be located at intersections of Id not conflict with this policy. The Land Use Plan isity residential. However, since the adoption of the In 1983, the Commission and City council heard the Single Family Residential to C-1 General Commercial. that the two more limited commercial zoning districts y to traffic concerns. At the time of the rezoning, the ~ acres was discussed for the C-N district. The C-3 acres. The applicant intends to replat the C-3 portion lot size restriction. The rezoning in 1983 constituted ~tify the proposed rezoning. The replat provides an Broach to zoning including consolidation of property. Both Welsh and F. M. 2878. However, the traffic issue process. Staff Planner Kuenzel recommended approval with the condition that internal access • between all of the lots currently included in Tract A be provided and with the condition that access drives from Welsh and F. M. 2818 be controlled through strict adherence to the Driveway Access Location and Design Ordinance. Staff Planner Kuenzel stated that representatives from A & M Consolidated High School have expressed concern of the proposed rezoning primarily due to traffic and the sale of alcohol. The proposed operators of the subject property have obtained an alcohol permit through the Texas Alcoholic Beverage Commission. Commissioner Hall opened the public hearing. Jeff McDowell of 1105 Peach Creek Road approached the Commission on behalf of the applicant James Woods. He stated that the two tracts will function as one tract for the purposes of access and signage. To address the traffic concerns expressed, the proposed access points have been moved further to the east along Welsh than required by ordinance. An interior access easement is also being dedicated to allow access within the site itself between the individual lots. Mr. McDowell stated that this is the only corner at the F. M. 2818 and Welsh intersection that can be developed due to the location of floodway in the general area. Bob Currey of 9207 Shadowcrest and Principal of A&M Consolidated High School approached the Commission and expressed his opposition to the rezoning request. His main concern is safety and possible increased traffic in the area if the property is rezoned to C-1. John P. Rouse, the Assistant Superintendent for Curriculum and Instruction for the College Station Independent School District approached the Commission and stated that he was first notified of the proposal when the applicant requested an alcohol permit. Representatives of • the school district protested the alcohol permit; however, it was granted by the county judge. Mr. Rouse explained that the school tries to maintain a drug and alcohol free environment for all students and it is difficult to do so when alcohol and tobacco is allowed to be sold directly across the street from the school. Since the rezoning of the subject property in 1983, there have been several changes in the area that have considerably increased traffic. The construction of Rock Prairie Elementary School with approximately 800 students and Rock Prairie Junior High School with approximately 1000 students are both located along Rock Prairie and Welsh has become a major artery of the school district connecting these two schools with the high school. Mr. Rouse stated that if the rezoning is granted, traffic congestion at Welsh and F. M. 2818 will only worsen. There is already a problem along Welsh in addition to the congestion, that the speed limit is 50 miles per hour and there is not a designated school zone. Mr. Rouse concluded that the rezoning would add traffic and loitering problems to the area. With the sale of alcohol and tobacco across the street, it will be difficult to monitor students once they leave campus. This is a major problem with the high school in Bryan and it is a problem that the College Station School District would like to prevent. Commissioner Hall closed the public hearing. Commissioner Lane moved to deny the rezoning request of approximately 8.90 acres located on the southeast corner of F. M. 2818 and Welsh, Tract A of Southwood Valley Section 30, from C-N Neighborhood Commercial and C-3 Planned Commercial to C-1 General Commercial. Commissioner Smith seconded the motion. Commissioner Mariott stated that he understood the concerns expressed by the School District; however, the subject property seems to be suitable for commercial use especially since there is no other commercial uses in the immediate area. P & Z Minutes February 3, 1994 Page 2 Commissioner Smith stated that the current zoning of the property includes many of the uses that the School District is concerned about; however, the C-1 district allows even more • intense uses for the property. There is no guarantee that the property will be developed as proposed with an office complex and a convenience store once the property is rezoned. The motion to deny the rezoning request passed (2 - 1 - 1); Commissioner Mariott voted in opposition to the motion, Commissioner Hall abstained from voting and Chairman Hawthorne removed himself from the consideration of the request due to a conflict of interest. AGENDA ITEM NO. 3: Consideration of a final plat of Tracts A, B and C of Southwood Valley Section 30. (94204) Chairman Hawthorne excused himself from considering agenda items two and three due to a conflict of interest. City Engineer Pullen presented the staff report and recommended approval of the final replat with the recommendations outlined in the Presubmission Conference Report. Commissioner Mariott moved to recommend approval of the final plat of Tracts A, B and C of Southwood Valley Section 30 with staff recommendations. Commissioner Lane seconded the motion which passed unopposed (4 - 0). AGENDA ITEM NO. 4: Consideration of a final plat of the Industrial Park Phase II. (94 205) City Engineer Pullen presented the staff report and recommended approval of the final replat as presented. • Commissioner Mariott moved to recommend approval of the final plat of the Industrial Park Phase II as presented. Commissioner Hall seconded the motion which passed unopposed (5 - 0). AGENDA ITEM NO. 5: Consideration of a final plat of the Gateway Park Subdivision. (94203) City Engineer Pullen presented the staff report and stated that the purpose of this replat is to replace a temporary blanket easement with permanent dedicated easements. Staff recommended approval of the final plat with the conditions outlined in the Presubmission Conference Report. Commissioner Lane moved to recommend approval of the final plat of the Gateway Park Subdivision with staff recommendations. Commissioner Mariott seconded the motion which passed unopposed (5 - 0). AGENDA ITEM NO. 6: Consideration of a preliminary plat of Pebble Creek Phase Four. (94300) City Planner Kee presented the staff report and stated that the proposed configuration differs slightly from the original approved master plan but this design is better from an access standpoint. Lots will not be accessing directly to Spearman Drive but rather will be accessing from a rear alley. The property will need to be rezoned prior to filing of any final plats. Commissioner Hall moved to recommend approval of the preliminary plat with staff recommendations. Commissioner Smith seconded the motion which passed unopposed (5 - 0). P & Z Minutes February 3, 1994 Page 3 AGENDA ITEM NO. 7: Consideration of a preliminary plat of Cat Hollow. (94-305) . City Planner Kee presented the staff report and recommended approval of the plat with the addition of a note prohibiting access to Glenhaven Drive from all lots except lots 1 and 2 of block 1; and the provision of a 10' wide public utility easement to accommodate existing utilities located along the rear of lots 1, 7, 8 and 9 of block 1. If the creek is not to receive improvements which will allow the grading and development of the lots close to the creek, a note should be placed on the plat stating that any construction including buildings, grading or filling on the properties adjacent to the creek will be required to obtain a development permit before proceeding with the work. This recommendation is made as away to preserve the natural creek appearance and assure the protection of private property from damage due to erosion and flooding. The property owners will individually he responsible for any maintenance of the creek since there are no proposed improvements to reduce the operating expenses related to the creek to the public included with this project. Commissioner Mariott moved to recommend approval of the preliminary plat of the Cat Hollow Subdivision with staff recommendations. Commissioner Smith seconded the motion which passed unopposed (5 - 0). AGENDA ITEM NO. 8: Consideration of an appeal to the Driveway Access and Location Ordinance for driveway placement for the City Stickers Restaurant to be located on lot A2 of the D. A. Smith subdivision. (93-425) City Engineer Pullen informed the Commission that the site plan for the subject property denied by the Project Review Committee placed a driveway access immediately adjacent to the existing driveway of Taco Cabana on Live Oak Street. Live Oak Street is classified as a local street. According to the Driveway Access and Location Ordinance, the spacing required for driveways along local streets is a minimum of 150' and a desired 190'. The applicant is requesting an appeal from this requirement. The applicant does have the option to construct a combined drive with the adjacent property to comply with the ordinance requirements; however, he has chosen not to do so. Kevin Musgrave of 9207 Village Drive in San Antonio approached the Commission and stated that he approached the City in October before beginning plans on the project and was never aware of restrictions on driveway placement until the Project Review Committee meeting. If the driveways are installed as required by ordinance, abottle-neck situation will occur since there will only be one way in and out along the access road by La Quinta. Mr. Musgrave explained that he owns the access easement between La Quinta and the subject property and is responsible for property taxes and maintenance. Currently he also owns the adjacent Taco Cabana restaurant; however, he would like to develop the new restaurant separately so that it can be sold in the future. If a shared driveway was built between the subject property and Taco Cabana, much needed parking spaces would have to be eliminated. Mr. Musgrave stated he spoke to Sanitation Superintendent Jim Smith and he would be in favor of the property being more accessible for the sanitation trucks to enter and exit the property. The appeal is primarily being requested to eliminate future traffic problems caused by the creation of a bottle-neck situation without the additional driveway along Live Oak Street. Commissioner Hall questioned staff if the proposed entrance could be installed and signed as an "exit only" as an alternative to denying the second access to Live Oak Street. City Engineer Pullen stated that that is a possibility; however, staff has found that they do • not function as well. There is also a connection between the subject property and Taco Cabana that would allow traffic to exit from both sites through the driveway located on the Taco Cabana property along Live Oak Street. P & Z Minutes February 3, 1994 Page 4 Commissioner Mariott moved to deny the appeal to the Driveway Access and Location • Ordinance for a driveway to be located adjacent to the Taco Cabana driveway along Live Oak Street. Commissioner Smith seconded the motion. Chairman Hawthorne stated that he understands the applicant's problem in that the subject tract is a small piece of property and almost land locked if they are not allowed a curb cut along Live Oak Street. However, the property was purchased with that knowledge and there are some other workable alternatives other than impeaching the integrity of the Driveway Ordinance. Commissioner Hall stated that the City requires other property owners to have joint access easements and driveways to relieve traffic congestion. There are alternatives available to the applicant and upholding the ordinance is a continuation of what is being done throughout the City. The motion to deny the appeal passed unopposed (5 - 0). AGENDA ITEM NO. 9: Other business. Commissioner Hall expressed concern of the signals at the intersection of the East Bypass frontage road and Southwest Parkway. There is only enough time for one car to turn for south bound traffic along the access road. Commissioner Hall also expressed concern of the Holleman and Texas intersection with respect to traffic turning right on red interfering with traffic also turning in the same direction with a green light. AGENDA ITEM NO. 4: Adjourn. • Commissioner Mariott moved to adjourn the meeting of the Planning and Zoning Commission. Commissioner Smith seconded the motion which passed unopposed (5 - 0). 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