HomeMy WebLinkAbout05/19/1994 - Minutes - Planning & Zoning CommissionMINUTES
• Planning & Zoning Commission
CITY OF COLLEGE STATION, TEXAS
May 19, 1994
7:00 P.M.
COMMISSIONERS PRESENT: Chairman Hawthorne and Commissioners Lane, Smith,
Hall and Herring.
COMMISSIONERS ABSENT: Commissioner Gribou.
STAFF PRESENT: Assistant Director of Economic and Development Services
Callaway, City Planner Kee, Assistant City Engineer
Morgan, Planning Technician Thomas, Project Engineer
McCully, Transportation Planner Hard, Development
Coordinator Volk, Staff Planner Kuenzel and Staff
Planner Dunn.
AGENDA ITEM NO. 1: Approval of minutes from the meeting of May 5, 1994.
Commissioner Hall moved to approve the minutes from the meeting of May 5, 1994 as
written. Commissioner Herring seconded the motion which passed unopposed (5 - 0).
• AGENDA ITEM NO. 2: Public hearing to consider a rezoning request at 2800 Welsh
Avenue, Tract B, Block 55 of the Southwood Valley 24A Subdivision from R-1 Single Family
Residential to R-2 Duplexes. (94-111)
Staff Planner Kuenzel presented the staff report and recommended approval of the
proposed rezoning. The rezoning request is in compliance with the land use plan and
approval would bring a few more duplexes to an area that is largely developed in a similar
fashion. The abutting R-1 zoning to the west is buffered by a 25' drainage and utility right-
of-way. The proposed platting of the subject property will have the single family and
duplexes facing away from one another. The nearest duplex therefore will be at least 75'
away from any single family dwelling. Forty-eight surrounding property owners were notified
with many calls and letters received in opposition to the rezoning request. Several petitions
have also been submitted that were signed by many of the single family homeowners in the
neighborhood.
Chairman Hawthorne opened the public hearing
Applicant Glenn Thomas of Thomas Properties and 2708 Jennifer approached the
Commission and explained that he purchased the property with the plan to built upscale
duplexes. The property from the First Baptist Church on Welsh to this property are all
developed duplexes that were built eight to ten years ago. On the current land use plan,
multi-family development is shown on the subject tract. With a growth in the rental market,
there is a high demand for duplexes. Mr. Thomas gave a slide presentation of duplexes that
he has built in the Eastmark Subdivision and adjacent to the subject property along San
• Mario. He showed how the single family homes in the Eastmark Subdivision are adjacent to
the new duplex development in that neighborhood. Mr. Thomas stated that similar smaller
single family homes could be built on the subject property without a zone change. However,
the proposed duplexes would be much larger and more aesthetically pleasing to the
surrounding neighborhood. Mr. Thomas stated that the residents who purchased homes in
this neighborhood did so with the knowledge that there were duplexes in the area.
Charles Thomas of Thomas Properties approached the Commission and stated that the
• adjacent church property is currently zoned for apartments. He explained that they were
only trying to comply with the plan previously laid out by the City.
The following residents spoke in opposition to the rezoning request:
Stephan Hatch, 2102 Langford Street
Keith Kuttler 9578 Valley View Drive
David Ellis, 3008 Bolero Street
Kathryn Ellis, 3008 Bolero Street
Michael A. Storms, 2907 Aztec Court
James Palincsar, 2911 Aztec Court
Linda Middleton, 3011 Aztec Street
Gail Colby, 2908 Aztec Court
David Kipp, 2910 Aztec Court
(Church of Jesus Christ for Latter Day Saints)
(Church of Jesus Christ for Latter Day Saints)
R. Daniel Lineberger, 2703 Aztec Court
Jim Long, 2914 Aztec Court
Charles W. Graham, 632 San Mario Court
Gary Dean, 2807 North Pueblo Court
W. C. Ellis, 704 Encinas Place
Suzanne Segner, 2913 Aztec Court
Tommy E. Thompson, 2901 Aztec Court
The following concerns were expressed by the surrounding residents:
. (1) When the Church of Jesus Christ of Latter Day Saints (LDS) church
purchased the land, it was their understanding that the subject property would
be developed as single family homes. It is the policy of the church to only
locate in smgle family neighborhoods. Amulti-family development adjacent to
the church could potentially cause parking and security problems at the
church.
(2) Property values would decrease with additional multi-family development in
the area. Residents of the area recently received an appraisal from the tax
office that raised the values of the homes thus raising taxes in the area. The
proposed development will negatively effect the climbing property values in
the neighborhood.
(3) The proposed duplex development would be targeted for students as rental
property. This causes parking and traffic problems, excessive noise, and little
or no maintenance of the property.
(4) The proposed development would be the closest multi-family development to
Deacon Drive and violate the existing single family block of development.
(5) At the time many of the single family homes were purchased in the
neighborhood, the zoning was checked on the subject property. The
homeowners were assured by their builder (many of the homes were built by
Thomas Properties) that the subject property would be developed as single
family homes. The zoning should not be changed to negatively effect the
established neighborhood. The petitions signed by almost every surrounding
single family homeowner sends a statement that the existing neighborhood
should be protected and preserved.
P & Z Minutes May 19, 1994 Page 2 of 7
(6) The drainage ditch that staff referred to as a natural barrier, is not adequate
to buffer the proposed multi-family development from the existing single
family development. The fact that the two developments will face in opposite
directions of each other is irrelevant since the noise, security and traffic
factors are still the same. The back yards of the single family homes should
also be protected from the negative factors of multi-family development.
(7) The City has failed to establish development standards to prevent the
continual degradation of the existing multi-family development. "Parking
"
slabs
are allowed without adequate parking and distance between adjacent
and opposite drive entrances. It is difficult for emergency vehicles to get
down the streets of the existing multi-family area. With the recent
development, there is a problem with flooding on the subject property and
surrounding single family homes.
(8) The threat implied by Thomas Properties to build smaller sub-standard homes
on the property is not appreciated. The surrounding homeowners would
prefer that single family homes be developed on the subject property
regardless of the size.
(9) If duplexes are needed in College Station to handle the influx of students of
Texas A&M University, the units should be built closer to campus instead of
in an established single family neighborhood.
(10) With the increased building and rental costs, students will be forced to share
rooms in order to pay the rent; thus, allowing anywhere from four to six
students per duplex unit with only three parking spaces provided.
(12) The existing elementary and junior high schools along Rock Prairie Road are
full and the additional living units will only add to the problem. There are
too many homes in the area and not enough schools.
Chairman Hawthorne closed the public hearing.
Commissioner Herring moved to recommend denial of the rezoning request at 2800 Welsh
Avenue, Tract B, Block 55 of the Southwood Valley 24A Subdivision from R-1 Single Family
Residential to R-2 Duplexes. Commissioner Smith seconded the motion.
Commissioner Herring stated that although the rezoning request technically complies with
the adopted Land Use Plan, the existing single family neighborhood should also be
considered.
Applicant Glenn Thomas approached the Commission and explained that he was not
threatening the Commission or the surrounding homeowners when he showed the alternative
development. If duplexes are not allowed on the subject tract, smaller single family homes
will be built in order to make the property and development economically viable. The single
family homes will likely be 35' wide and approximately 1000 to 1200 square feet. These
homes will target first time home buyers and younger couples with children which will put
more pressure on the existing schools.
Chairman Hawthorne stated that the overall philosophy of the area is important in this
particular case. There is an established single family neighborhood in this area and it does
not seem fair to change this philosophy after the area is developed.
The motion to recommend denial of the rezoning passed unopposed (5 - 0).
P & Z Minutes May 19,. 1994 Page 3 ot~ 7
AGENDA ITEM NO. 3: Public hearingg to consider a conditional use permit request and
site plan for the Alpha Phi Sorority to be located on the southwest corner of )Zhett Butler
and University Oaks. (94705)
• Staff Planner Kuenzel presented the staff report and recommended approval of the
proposed conditional use permit with the comments outlined in the Project Review
Committee Report. The Planning and Zoning Commission approved the use only of the
property for a sorority house on April 21, 1994. The site plan must also receive approval by
the Commission to ensure that all minimum standards have been met.
Chairman Hawthorne opened the public hearing
Architect Jimmy Holland approached the Commission and stated that he is currently
working with staff on realigning a driveway along Rhett Butler to meet the driveway
ordinance requirements. He offered to answer any questions pertaining to the proposed
conditional use permit request.
Chairman Hawthorne closed the public hearing.
Commissioner Herring moved to grant a conditional use permit and approve the site plan
for the Alpha Phi Sorority to be located on the southwest corner of Rhett Butler and
University Oaks with staff recommendations. Commissioner Smith seconded the motion
which passed unopposed (5 - 0).
AGENDA ITEM NO. 4: Consideration of a final plat and site plan of the Waterford
Apartments in the Troy Subdivision located along the west side of Dartmouth Drive
approximately 190' north of the Colgate Drive intersection. (94216 & 504)
City Planner Kee presented the staff report and recommended approval of the final plat as
submitted with the Project Review Committee comments regarding the electrical easement.
Staff also recommended approval of the site plan with the additions required by the
Committee. No permits for construction will be issued until the final condition regarding the
extension of Cornell has been satisfied. Staff has been working with the developer to
prepare a development agreement to present to the City Council in the future addressing
the Cornell extension.
Engineer Greg Taggart with the Municipal Development Group offered to answer questions.
Commissioner Herring moved to recommend approval of the final plat and site plan of the
Troy Subdivision and Waterford Apartments located along the west side of Dartmouth Drive
approximately 190' north of the Colgate Drive intersection. Commissioner Lane seconded
the motion which passed unopposed (5 - 0).
AGENDA ITEM NO. 5: Consideration of the final plats of the Emerald Forest Phases 10
and l0A Subdivision. (94206 & 207)
Project Engineer McCully presented the staff report and recommended approval of both
plats according to the conditions and comments listed in the Presubmission Conference
Report. According to the development agreement, a dedication was made 30' in width from
the eastern end of Phase l0A as proposed and extending to the eastern limit of the owner's
property. This dedication was for the access road to the Carter's Creek waste water
treatment plant.
Engineer Deborah Keating approached the Commission and offered to answer questions
~ Commissioner Hall moved to recommend approval of the final plats of Emerald Forest
Phases 10 and 10A with the recommendation that the City Council move forward with the
City's portion of North Forest Parkway. Commissioner Herring seconded the motion which
passed unopposed (5 - 0).
P & Z Minutes May 19, 1994 Page 4 of 7
• AGENDA ITEM NO. 6: Consideration of the final plat of the Pontalba Subdivision. (94
213)
Project Engineer McCully presented the staff report and recommended approval of the final
plat with the conditions and revisions noted in the Presubmission Conference Report.
Commissioner Lane moved to recommend approval of the final plat of the Pontalba
Subdivision with the staff recommendations. Commissioner Smith seconded the motion
which passed unopposed (5 - 0).
AGENDA ITEM NO. 7: Consideration of the final plat of the Lakeview Acres Revised
Subdivision. (94215)
Assistant City Engineer Morgan presented the staff report and recommended approval with
the Presubmission Conference comments. The final plat is subdividing lot 16 into 3 multi-
family lots. These subdivisions have already occurred by metes and bounds and this replat is
correcting this situation, thus bringing the subdivision into compliance with the City's
Subdivision Regulations.
Commissioner Herring moved to recommend approval of the final plat of the Lakeview
Acres Revised plat of lot 16 with the staff recommendations. Commissioner Hall seconded
the motion which passed unopposed (5 - 0).
AGENDA ITEM NO. 8: Consideration of the final E.T.J. plat of the Estates at River Run.
(94217)
Assistant City Engineer Morgan presented the staff report and recommended approval with
the comments outlined in the Presubmission Conference Report. A master preliminary plat
for this subdivision was previously approved by the City Council. The County
Commissioner's Court approved the final plat on May 16, 1994.
Engineer Larry Wells of the Municipal Development Group approached the Commission
and offered to answer any questions pertaining to the subject final plat.
Commissioner Smith moved to recommend approval of the final plat of the Estates at River
Run E.T.J. subdivision with staff recommendations. Commissioner Hall seconded the
motion which passed unopposed (5 - 0).
AGENDA ITEM NO. 9: Consideration of the preliminary plat of the Pebble Creek Phase
Five Subdivision. (94309)
City Planner Kee presented the staff report and recommended approval with the conditions
that the rezonings occur before filing the final plat for record and the comments outlined in
the Presubmission Conference report. Staff would also like direction from the City Council
relative to the question of pedestrian access through the proposed cul-de-sacs to the public
park and school site.
Commissioner Lane moved to recommend approval of the preliminary plat of Pebble Creek
Phase 5 with the staff recommendations. Commissioner Herring seconded the motion which
passed unopposed (5 - 0).
•
P & Z Minutes May 19, 1994 Page S of 7
AGENDA ITEM NO. 10: Consideration of the preliminary E.T.J.. plat of the Spencer's
• Cove Subdivision. (94310)
City Planner Kee presented the staff report and recommended approval of the preliminary
plat as submitted. This plat was approved by the County Commissioner's Court on May 2,
1994.
Commissioner Herring moved to recommend approval of the preliminary plat of the
Spencer's Cove Subdivision as submitted. Commissioner Smith seconded the motion which
passed unopposed (5 - 0).
AGENDA ITEM NO. 11: Reconsideration of a driveway variance request at 1815 Deacon
Drive for the proposed Wings N' More drive thru restaurant. (94404)
Transportation Planner Hard informed the Commission that at their last meeting, the
proposed variance request was denied unanimously. Because the applicant was not present
at that meeting, he has requested that the variance be reconsidered. Staff recommended
denial of the variance request because the proposed driveway access is inconsistent with the
parking and access easements that were dedicated on this property and is not in compliance
with the Driveway Access and Location Ordinance. The proposed request does not meet
three of the four standards outlined in that ordinance. Staff received faxes in favor of the
variance request from the two adjacent property owners. The adjacent property owners do
not wish to share a driveway with the subject property.
Lawrence Link of Link Construction approached the Commission and stated that Kling
Engineering met with the City at the very beginning of the project to ensure that all
ordinance requirements were being met. At all of these meetings, the driveway access was
shown where there is an existing driveway opening. There was nothing ever said about not
being able to use the existing driveway. A shared driveway will interfere with the existing
intersections. The proposed development will combine four lots and allow only one
driveway instead of individual driveways. Currently, the property owners have a vested right
to use the existing curb cut that has been there since 1.979.
Harold Hogard owner of 3230 Texas Avenue, the Apartments Plus office building, submitted
a letter from the Apartments Plus manager in opposition to a shared driveway. He also
presented a letter in opposition to a shared driveway from the Dwayne Rhea, the owner of
the adjacent car wash. Mr. Hogard stated that the driveway ordinance is not in the best
interest with regard to safety and the welfare of the general public in this particular
application. There will be a problem with a large amount of cars sharing the adjacent
driveway of the Apartments Plus building. Mr. Hogard also expressed concern with the
maintenance responsibility of a shared driveway on his property and the cost of providing
access to the Wings N' More patrons.
Steve Musser of 716 Canterbury informed the Commission that he was hired by the owner
Mark Dennard to work on the project and was in the meetings with Kling Engineering and
City staff. He stated that the problem with the driveway opening was not brought to their
attention until the Project Review Committee meeting on May 5, 1994. Mr. Muster stated
that all other ordinance requirements have been met. He expressed concern with traffic
safety and creating a problem for the adjacent property owners.
The owner of Wings N' More restaurant Mark Dennard approached the Commission and
stated that he does not want to be a burden to the surrounding property owners. In order
to run a viable business, there must be access to the front of the property so that the flow of
traffic is into the property and not on adjacent properties.
P & Z Minutes May 19, 1994 Page 6 of 7
Bonnie Hogard, a co-owner of the Apartments Plus building and local real estate broker
stated that if a shared driveway was required, the property would be difficult to sell in the
future and possibly cause a loss of approximately $50,000 on the sale of the property.
• Commissioner Lane moved to grant the driveway variance for the Wings N' More restaurant
to be located on lots 5, 6, 7 and 8, block 16 of Southwood Valley Section 3. Commissioner
Smith seconded the motion.
Chairman Hawthorne stated that access to the subject property is a problem and there are
no answers primarily because of the way it was developed and a recent change in the
ordinance. If a traffic generator is placed on the vacant tract, there is going to be a traffic
problem regardless of what is done. The best alternative seems to be to try and
compromise and minimize the traffic problems. It does not seem to be a viable option in
this particular case to only have one access point through someone else's property.
The motion to grant the variance request passed (3 - 2); Commissioners Hall and Herring
voted in opposition to the motion.
AGENDA ITEM NO. 12: Other business.
There was no other business.
AGENDA ITEM NO. 13: Adjourn.
Commissioner Lane moved to adjourn the meeting of the Planning and Zoning Commission.
Commissioner Herring seconded the motion which passed unopposed (5 - 0).
•
TTES
Plannin Technician, Natalie T omas
•
P & Z Minutes May 19, 1994 Page 7 or 7
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Name of organization.
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Speaker's official capacity:
Subaect on which person wishes to speak:
- Ilv ;)S;~ ~Qr';i~~~~=i'~~
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 ~~ - J ~~ - c j' L f
Agenda Item No. Z..
Name I ~ ~`~ rVl ~,~ f~ ~ ~~ ~i i' y,-~~r;~S~ G~~
Address .~, ~i' c / ~ f~ ~ -~ f' ~ (-1 , ( S .
If speaking for an organization,
Name of organization:
Speaaker's official capacity:
Subject on which person wishes o 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.
~} ~r~. c_
~~ s
***REGISTRATION FORM***
• (FOR PERSONS WHO WISH TO ADDRESS THE COUNCIL)
~~
Date of Meeting ~ l` ` - ~~` `~
;~-
~' City Cquncil Agenda Item No.~_
Name ~ ` _ R -
Address ~___ ~ __ ~__
House No. Street City
IF SPEAKING FOR AN ORGANIZATION,
Name of Organization:
And,
Speaker's Official Capacity:
,~r `' ~ %' ~ ~ ~-
• 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 presentatton.
The Council will appreciate each speaker limiting an address on any one
item to three minutes. Thank you for your cooperation.
***REGISTRATION FORM***
• (FOR PERSONS WHO WISH TO ADDRESS THE COUNCIL)
Date of Meeting S^' ~~ - 1 c/
City Council Agenda Item No.
Name ~~ ~~ c•i r' ~° ~; ^ a ~ _ ~,, ~-.
1~ S
Address ~ ~ ~~ ~ - (_7 v~ a ~ a ter, d - ~,
f ~ou~ nra. str~c c~cy
IF SPEAKING FOR AN ORGANIZATION,
Name of//Organization:
L_ ~
And,
Speaker's Official Capacity:
.~
v' ~° r
• Subject on which Person Wishes to Speak:
/.i ~ (/r ~~ ~~ / l OJ r e..
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.
The Council will appreciate each speaker limiting an address on any one
item to three minutes. Thank you for your cooperation.
*~,~
~~~ EGISTRATI~N FGRM
R IJ~ICIL)
p ADDRESS THE Cp
R PE~pNS w Hp WISH T
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Date °f M nda Item N°•~
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SPEp,IQNG FOR A pr animation
Name of g
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And, achy:
S eaker~ s pfhcial Cap
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eak:
hes t° Sp ~
Pe;sOn W~ '~ ~
• SUb)~t °n wri,
ou are recognized
°dium as Sp0 rm t the presidSe g A
ber to step toped registrore beg nninS y°ur pre
Please re hand your comp f
r name and residence be address on a'~~°ne
tand state you limiting an•
reciate each°u forkyour cooperation.
The Coun ee miinu~s• Thank y
item t0 thr
***REGISTRATION FORM***
• (FOR PERSONS WHO WISH 'CO ADDRESS THE COUNCIL)
-- ~ ' ~
~n.~;
Date of Meeting; ~~~ ~j % ~ /
'ty Council Age~a Item No.
Name .~'~~~ ~. ,_p%2r«x_-~~1,
Address ~ ~;%~ ~' ~ ~~~ c,e_~.~~~,(~ V ~~-'~,_~,~~ _ - r
-~r-.s
House No. Street City
IF SPEAKING FOR AN ORGAN'~ZATION,
Name of Organization:
r `Y? ~?p
And,
Speaker's Official Capacity:
~~L~a,
• Supject on which Person Wishes to Speak:
1~..
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.
The Council will appreciate each speaker limiting an address on any one
item to three minutes. Thank you for your cooperation.
Manning ~' Zoning Commission
Guest register
• ~~ ~
Date '
7(~a/m~e 11 i `~ ~l dress
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