HomeMy WebLinkAbout02/16/1995 - Minutes - Planning & Zoning CommissionMINUTES
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Planning & Zoning Commission
CITY OF COLLEGE STATION, TEXAS
February 16, 1995
7:00 P.M.
•
COMMISSIONERS PRESENT: Chairman Hawthorne and Commissioners
Hall, Garner, and Lightfoot.
COMMISSIONERS ABSENT: Commissioners Smith and Gribou.
Lane,
STAFF PRESENT: Assistant Director of Economic and Development
Coordinator Volk.
the audience.)
(Council Liaison
and Development
Hickson was in
AGENDA ITEM NO. 1: The Consent Agenda consists of non-controversial or
"housekeeping" items required by law. Items may be removed from the Consent Agenda
by any citizen, City staff member, or Commissioner by making such a request prior to a
motion and vote on the Consent Agenda.
(1.1) Approval of minutes from the meeting of February 2, 1995.
(1.2) Consideration of a final plat for Greensworld Subdivision Phase II. (95-204)
•
Chairman Hawthorne informed the audience that agenda item number 1.2 was removed from the
consent agenda by staff to be discussed further.
Commissioner Lightfoot moved to remove agenda item number 1.1, the approval of minutes,
from the consent agenda and to approve the minutes from the meeting of February 2, 1995 as
written. Commissioner Lane seconded the motion which passed unopposed (4 - 0);
Commissioner Hall was not present during the approval of minutes.
Assistant City Engineer Morgan informed the Commission that staff would like to place some
additional conditions on the Greensworld Phase II Subdivision plat. The applicant has asked to
proceed with the final plat while they continue to wait on a letter of map amendment that has to
come back from the Federal Emergency Management Association (FEMA) to relocate the
existing floodplain line. Staff recommended that the Commission and Council condition the plat
upon the submittal of a letter of map amendment on the site by FEMA prior to filing the plat for
record.
Commissioner Lane moved to recommend approval of the final plat for the Greensworld
Subdivision Phase II with the condition that the letter of map amendment by FEMA be submitted
prior to the filing of the final plat. Commissioner Lightfoot seconded the motion which passed
unopposed (5 - 0).
Services Callaway, Senior Planner Kuenzel, Planning
Technician Thomas, Transportation Planner Hard,
Assistant City Engineer Morgan
AGENDA ITEM NO. 2: Public hearing to consider a rezoning request for part of lot 3
of the Randall's University Park Subdivision totaling 3.306 acres located behind the
Randalls Shopping center at the intersection of Arguello and Chimney Hill Drives from R-1
Single Family Residential to R-3 Townhomes. (95-102)
Senior Planner Kuenzel presented the staff report and recommended approval of the proposed
rezoning request. The request is in compliance with the Land Use Plan and R-3 uses are
considered compatible with R-1 uses according to the City's Development Policies. Chimney Hill
Drive contains other R-3 classification on the south side. The current R-1 zoning would allow
single family development at a maximum of twenty-six dwelling units. The maximum density
allowed under R-3 would be forty-six units. The physical constraints of the property, however, in
conjunction with access, lot size and parking requirements would considerably lessen the number
of actual units that could be built. There is some evidence that the site may have been subdivided
from the rest of lot 3 without a formal subdivision plat having been submitted and approved.
Should this be the case, the property is in violation of the City's Subdivision Regulations and must
come into compliance before building permits will be issued. Fifteen surrounding property
owners were notified of the public hearing including the Chimney Hill homeowner's association.
Staff has received several inquiries and calls in opposition to the request. One of the main
concerns expressed by the residents is traffic; however, using the standard Institute of Traffic
Engineers Manual trip generation rates, the R-3 and R-1 zones generate about the same amount
of traffic.
Chairman Hawthorne questioned staff as to the subject tract being a part of the original Chimney
Hill Subdivision and under the same deed restrictions.
Senior Planner Kuenzel stated that lot three was originally included in the Chimney Hill
Subdivision however, as part of the Randall's development and their need for a portion or lot
three, the lot was replatted and renamed to the Randall's University Park Subdivision. As far as
deed restrictions, that would be a private matter since the City does not enforce deed restrictions.
However, before building permits can be issued, all of lot three must be platted.
Commissioner Lightfoot expressed concern for the effects on the overall integrity of the
neighborhood. There are approximately forty townhome lots in Chimney Hill and approximately
fifty single family lots creating almost a one to one ratio. Commissioner Lightfoot questioned
staff as to the consideration of that one to one ratio in the recommendation of approval for the
rezoning request.
Senior Planner Kuenzel explained that the Land Use Inventory is utilized when looking at vacant
and developed property in a particular zoning district; however, such ratios of townhomes and
residences are not considered.
Chairman Hawthorne opened the public hearing.
Representative of the owner, Greg Taggart with the Municipal Development Group, approached
the Commission and stated that the proposed rezoning request is in compliance with the City's
adopted Land Use Plan. According to the City's official development policies, R-3 uses are
compatible with R-1 development. The subject property was originally shown as a Planned Unit
Development for multi-family housing; however, it reverted back to single family zoning because
the developer ran out of money.
P & Z Minutes February 16, 1995 Page 2 of 8
Mr. Taggart stated that a plat has not been submitted for the property to date; but, the
engineering work is still being conducted in order to submit the required plat. There is a
substantial amount of engineering required for the plat because of the odd shape and topography
• of the lot including the proposed rezoning request. Mr. Taggart explained that the proposed
townhomes will not become rental property but will be more compatible with the existing owner
occupied townhomes along Chimney Hill Drive. He stated that the subject property is more
remote from the existing R-1 development than the existing townhomes along Chimney Hill
Drive. Mr. Taggart also informed the Commission that his client is not interested in connecting
with Cooner Street. If a connection is necessary, it will be a locked, controlled access that will be
for fire and police vehicles only. Mr. Taggart stated that the subject property is not suitable for
single family development primarily due to its proximity to the Randall's center and the view of
the concrete detention facility. There is also a 40' wide Bryan electrical transmission line that runs
through the property.
The following surrounding property owners spoke against the rezoning request:
Donald Feltz, 206 Fireside (Representative of the Chimney Hill Improvement
Association and approximately fifty property owners in the Chimney Hill
Subdivision that were in the audience for the meeting.)
Frank Muller, 429 Chimney Hill Drive
Jo Burley, 207 Hearthstone Circle
Bill Bright, 207 Ember Glow
Dr. William Mobley, 431 Chimney Hill Drive
Deborah Anderson, 208 Fireside Circle
Harry Raisor, 515 Cooner Street
The surrounding property owners expressed the following concerns in opposition to the request:
(1) The change in zoning is based upon greed rather than any particular need for
• townhome housing.
(2) The proposed R-3 development could negatively effect the integrity, values and
standards of the area including a potential increase in crime and a significant
decrease in property values.
(3) The R-3 project could cause increased traffic in the area due to a higher density
development especially if the townhomes become rental property. There is
currently a surprising increase in traffic along Chimney Hill Drive since the Tarrow
one-way signalization project. Many of the residents in the apartments along
Spring Loop cut through the subdivision to get to the Randall's Shopping Center.
(4) Once the property is rezoned to R-3, there is not a mechanism that will require the
applicant to build larger or fewer townhomes than the zoning district would allow.
A plat cannot be required as part of the rezoning request that could be reviewed by
the surrounding property owners. Duplex development could be allowed once the
rezoning is granted.
(5) The developer states that Cooner Street will not be continued through to Chimney
Hill Drive; however, there are no guarantees that Cooner Street will not be
extended without tying the rezoning to the plat. Cooner is also a substandard
street that could not handle the additional traffic if extended.
(6) The proposed R-3 zoning could create a higher density and higher occupancy
levels than the existing R-1 zoning. The existing townhomes along Chimney Hill
• Drive are larger homes around 2000 square feet each with rear alley access that
does not allow direct access to Chimney Hill Drive.
P & Z Minutes February 16, 1995 Page 3 of 8
(7) The subject property would be an excellent location for one single family home
• instead of a high density development. Estate lots for single family development
would be preferred to the R-3 zoning.
(8) There is an existing buffer between the Randalls Shopping Center and the subject
property so the step down zoning is not needed in this area. The existing masonry
wall and detention area provides an adequate buffer.
(10) The Commission should look into the illegal activities including the illegal
subdivision of property that have occurred on the subject property over the past
few years. There is a serious problem with all of lot three with respect to water
control.
(11) The City should consider the importance of maintaining the current property
values in the area.
Chairman Hawthorne closed the public hearing.
Commissioner Lightfoot moved to recommend denial of the proposed rezoning request for part of
lot 3 of the Randall's University Park Subdivision totaling 3.306 acres located behind the Randalls
Shopping Center at the intersection of Arguello and Chimney Hill Drives from R-1 Single Family
Residential to R-3 Townhomes. Commissioner Hall seconded the motion to allow for discussion.
Commissioner Lightfoot requested that the owner address the Commission to explain his
intentions for the subject property. He explained that the plat presented is only an idea at this
point and does not offer any firm commitment to anything. It would not be in the best interest of
the public to rezone the property until a more definite direction is established. Commissioner
• Lightfoot explained that the integrity of the neighborhood would be changed significantly
including increased traffic in the area.
Shabeer Jaffer owner of the subject property explained to the Commission that he would like to
target the retirement community with the proposed development. If the property was developed
according to R-1 standards, more total units could be built on the property with a smaller overall
floor plan; however, he prefers to reduce the number of units and increase the size of the lots to
build a development similar to the existing townhomes along Chimney Hill Drive. Mr. Jaffer
suggested that the Commission limit the number of living units to twelve townhomes with larger
lots than the required minimum square footage. There will be more than adequate parking spaces
and well maintained common areas so that the proposed development is a quality project.
Chairman Hawthorne stated that although the request is in compliance with the Land Use Plan,
the overall integrity of the neighborhood is a major issue. It is important to maintain some
consistency so that the community knows to some extent what the City may do with regard to
rezonings. While it is a good idea to have step down zoning between commercial and residential
properties, it is not necessary if there is a buffer already established. Chairman Hawthorne stated
that when you look at the Chimney Hill neighborhood, there is a distinct pattern with R-3 in one
section, R-1 in another and Commercial development along University Drive. The proposed
rezoning request would impeach the integrity of the neighborhood if a more intense development
is built where an established buffer is constructed. The traffic and property value issues are not a
major concern when you consider the difference between R-3 and R-l; however, the integrity of
the area is the main issue.
The motion to recommend denial of the proposed rezoning request passed unanimously, (5 - 0).
C,
P & Z Minutes February 16, 1995 Page 4 of 8
• AGENDA ITEM N0.3: Public hearing to consider a rezoning request of lot 1, block 2
of the Woodstock Section One Subdivision, the Post Oak Village shopping center, from C-3
Planned Commercial to C-1 General Commercial. (95-103)
Senior Planner Kuenzel presented the staff report and recommended denial of the proposed
rezoning request. The proposed rezoning would result in the following:
(1) Conflicting uses by opening the possibility of theaters, nightclubs and restaurant
uses on property abutting multi-family residential uses to the south and near the
multi-family to the west across Dartmouth.
(2) Amore congested and busier parking lot.
(3) A site that no longer meets the number of parking spaces required.
•
•
Senior Planner Kuenzel stated that at the time the property was rezoned to C-3 to allow the retail
center, there was considerable concern for traffic congestion and on-site traffic flow on such a
narrow strip. The rezoning did pass, however, because Council had the assurance that traffic
generation would be relatively low in comparison to a C-1 district. These concerns still exist.
Although the site is located on State Highway 30, the site design and location does not allow safe
ingress and egress into the property. Allowing more intense uses which have high turnover rates
and increased traffic generation, would only add to existing traffic safety and congestion problems
on Highway 30 and Dartmouth. The site as currently designed has three curb cuts, one on
Dartmouth and two on Highway 30. Because of the shallow depth of the development, left
turning movements in and out of the driveway on Dartmouth interfere with the left turn queue for
Highway 30. The first driveway on Highway 30 is restricted right in /right out and was designed
this way to optimize signal timing due to the short length of the left turn bays on Highway 30
between Dartmouth and Munson. The second driveway is located across from an existing
apartment complex driveway and a currently vacant lot. The vacant lot is currently being
developed as Circuit City, an electronic sales business. Increasing the amount of left in /left out
traffic at this location will create traffic safety problems similar to those already in existence at the
unsignalized Post Oak Mall driveway. Senior Planner Kuenzel stated that there has been some
change in condition since the time of rezoning in that before the Wolf Pen Creek District was
created, the plan for Highway 30 was to avoid turning it into a commercial corridor. The
rezoning from Dartmouth to Texas to make Wolf Pen Creek a commercial area changed this
resistance, but at the same time imposed aesthetic restrictions to the sites as they were designed.
Forty surrounding property owners were notified of the public hearing with no response.
Commissioner Hall questioned staff if the rezoning could be conditioned upon closing some of the
existing driveways into the site.
Transportation Planner Hard stated that there is
situation due to the shallow depth of the property
far as they can be from the traffic signal.
not much that could be done to improve the
The existing driveways are located about as
Chairman Hawthorne opened the public hearing.
P & Z Minutes February 16, 1995 Page S of 8
Representative of the owner Larry Wells with the Municipal Development Group approached the
• Commission and outlined the following observations of the subject property:
(1) An on site inspection conducted on Thursday, February 16, 1995 found:
-- At 12:15 p.m. there were 131 parking spaces vacant.
-- At 4:00 p.m. there were 134 parking spaces vacant.
-- There were two vacant lease areas in the center -one was 815 square feet
(2.22% of the total available lease space). The other vacant lease space was
5159 square feet (14% of the total available lease space). The center is 83.7%
occupied.
(2) When this property was zoned C-3 and concern was expressed about traffic,
Harvey Road was a three lane uncurbed street. Harvey Road is now a four lane
street with a separate center left turn lane (a barrier median at this location), and a
separate right turn deceleration lane for this shopping center. The main entrance
to this center is signalized and is right in and right out only.
(3) Parking will not be a problem off-site as both Harvey Road and Dartmouth are no
parking/tow-a-way zones.
(4) This property is attached to C-1 zoned property to the east and C-1 property is
across Harvey Road. The R-6 apartments to the south are buffered from this
center by privacy fencing, a parking lot and a landscape strip. The formerly R-6
property across Dartmouth is now zoned Wolf Pen Creek WPC.
(5) The developer would like the flexibility to add a restaurant to this site. If parking
were to be a problem, a ZBA variance could be sought. The developer will not
• put something in this center that will be self-defeating. He needs to maximize his
land use and keep all the tenants happy at the same time.
(6) The center has four existing curb cuts. Two are on Dartmouth and two are on
Harvey Road. There are always solutions to traffic safety concerns.
Mr. Wells explained that his client originally requested to apply for a conditional use permit;
however, in this particular zoning district the ordinance does not allow a use permit for a
restaurant. Rezoning the property is the only mechanism to allow sit down restaurants.
Commissioner Hall explained that he is concerned with filling up vacant strip shopping centers;
however, he does not want to create another problem by not having enough parking available for
such intense restaurants as Black-eyed Pea, Chili's, etc.
Chairman Hawthorne closed the public hearing.
Commissioner Garner moved to recommend approval of a rezoning request of lot 1, block 2 of
the Woodstock Section One Subdivision, the Post Oak Village shopping center, from C-3 Planned
Commercial to C-1 General Commercial. Commissioner Lane seconded the motion.
Commissioner Garner explained that development should be encouraged in this type of strip
shopping center and she is not convinced that the restrictions of a C-3 district should apply to this
center. The owner has demonstrated an ability to do a good job with shopping centers and knows
more about the parking demanded for such centers. The owner should be given more flexibility in
developing the existing center. Commissioner Garner stated that traffic is the main issue in this
• case; however, traffic will continue to be a problem in this area regardless of the zoning district.
P & Z Minutes February 16, 1995 Page 6 of 8
Chairman Hawthorne agreed that the owner would be conscience of traffic and parking concerns
• in developing the center; however, if the property is sold in the future and more intense uses are
allowed, the existing traffic and parking problems could be compounded. Chairman Hawthorne
expressed concern that granting the proposed rezoning request would only increase the existing
traffic conflicts in the area.
The motion to recommend approval of the proposed rezoning request passed (4 - 1); Chairman
Hawthorne voted in opposition to the motion.
AGENDA ITEM NO. 4: Public hearing to consider a request for a Conditional Use
Permit for a freestanding sign to be located at 2200 Southwood Drive for the Friends
Congregational Church. (95-700)
Senior Planner Kuenzel presented the staff report and informed the Commission that the proposed
sign will be 18.5' tall and located on the 2818 frontage near the property line. Due to the large
amount of right-of--way in the area, the sign will be placed slightly over 170' from the actual
traveled portion of 2818. The church could have a sign that meets R-6 restrictions without
additional Commission review. However, these restrictions would not allow placement of the
sign within the first 10' of the property frontage. Therefore, the church is requesting to use C-1
requirements, which would allow a sign closer to 2818. The sign does comply with C-1 sign
restrictions and is in fact well below the maximum area and height that would ordinarily be
allowed on commercially zoned property.
Chairman Hawthorne opened the public hearing.
Pastor Charles Stark approached the Commission and offered to answer any questions pertaining
• to the proposed use permit.
Chairman Hawthorne closed the public hearing.
Commissioner Hall moved to grant a conditional use permit to the Friends Congregational Church
located at 2200 Southwood Drive for the addition of a freestanding sign. Commissioner Garner
seconded the motion which passed unopposed (5 - 0).
AGENDA ITEM NO. 5: Consideration of a preliminary plat for the Edelweiss Estates
Phase Five Subdivision totaling 27.455 acres divided into two lots. (95-303)
Senior Planner Kuenzel presented the staff report and recommended approval of the preliminary
plat. The subject property is bound by Victona Avenue on the east, the Graham Road industrial
area on the south and Wellborn Road on the west. It consists of 27.455 acres and is the proposed
location of the Cottages at Rock Prairie as well as Edelweiss Park and detention facility. The
Cottages is the federally assisted multi-family elderly housing project that was recently approved
for funding. The City Council rezoned part of this property to R-5 recently. The plat includes the
dedication and construction of Mortier Drive which is one of the collectors shown on the
Edelweiss Master Plan. This collector will connect to Wellborn Road and will bound the
Cottages on the north. This property is also in the City's impact fee area and fees will be assessed
accordingly.
Commissioner Lightfoot moved to recommend approval of the preliminary plat for the Edelweiss
Estates Phase Five Subdivision with staff recommendations. Commissioner Garner seconded the
motion which passed unopposed (5 - 0).
r~
P & Z Minutes February 16, 1995 Page 7 of 8
AGENDA ITEM NO. 6: Other business.
• Planning Technician Thomas informed the Commission that beginning with the meeting on March
16, 1995 through the end of April, the meetings will be held in the City Hall Training Room
instead of the Council Room due to voting.
AGENDA ITEM NO. 7: Adjourn.
Commissioner Lightfoot moved to adjourn the meeting of the Planning and Zoning Commission.
Commissioner Garner seconded the motion which passed unopposed (5 - 0).
APP1~
Kyle Hawthorne
ATTE
Planet g Technician, Natalie Thomas
•
P & Z Minutes February 16, 1995 Page 8 of 8
• Registration Form
(For persons who wish to address the Commission)
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