HomeMy WebLinkAbout06/04/1998 - Minutes - Planning & Zoning CommissionMINUTES
• Planning and Zoning Commission
CITY OF COLLEGE STATION, TEXAS
June 4, 1998
7:00 P.M.
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COMMISSIONERS PRESENT: Chairman Massey, Commissioners Lightfoot, Gribou, Garner and
Rife.
COMMISSIONERS ABSENT: Commissioner Parker.
STAFF PRESENT: City Planner Kee, Graduate Engineer Kaspar, Staff Assistant Charanza,
Assistant Development Coordinator Ruiz, Senior Planner McCully, Staff
Planner Battle, Youth Services Coordinator Waddell, Assistant Director
Parks & Recreation Ploeger, Planning Intern Mixon, Recreation
Superintendent Waltman, Assistant City Engineer Morgan, Assistant City
Attorney Robinson, and Assistant City Attorney Blackshear,
• AGENDA ITEM NO. 1: Approval of minutes from the meeting of May 21, 1998,
Commissioner Gribou moved to approve the minutes from the meeting of May 21, 1998 as written.
Commissioner Lightfoot seconded the motion which passed unopposed (5-0).
AGENDA ITEM NO. 2: Public hearing and consideration of a Conditional Use Permit for a
proposed Teen Center to be located at 1600 Rock Prairie Road, in Southwood Athletic Park.
(98703)
Staff Planner McCully presented the staff report and stated that municipal facilities are conditional uses
in any zoning district. The City Council approved funding last year for a Teen Center to satisfy
Strategic Issue Number 11. The City Council had heard comments from citizens regarding a need to
provide activities for young people. The City's Parks Department was put in charge of the project to
work with the Council, Parks Board and Teen Advisory Board. The Southwood Athletic Park location
was chosen for several reasons such as adequate parking already provided. The park currently serves as
a recreational center for children (baseball fields, volleyball, tennis and basketball courts, and swimming
pool and pavilion). The Park is located south of Rock Prairie Road between the Jr. High and the
medical center with vacant A-O Agricultural Open to the south. Rock Prairie Road is a major arterial
which separates the park from the residential neighborhood. The proposed location of the center is
closest to the pool area near the rear of the property. The building would be approximately 4000 square
feet in area. Some activities that would be held at the center include social activities such dances and
• parties would be offered to primarily Jr. High students. The Parks Department is proposing to add onto
the existing Park sign.
P&Z Minutes June 4, 1998 Page 1 of 7
Staff notified 43 property owners within 200 feet of the subject property and received two calls in
• opposition of the request.
The Commission may permit a conditional use subject to appropriate conditions and safeguards, when
after public notice and hearing the Commission finds that: (Staff Comments are in italics)
1. "The proposed use meets all the minimum standards established in the ordinance for the type of use
proposed." The site meets all current parking and landscaping standards.
2. "That the proposed use meets the purpose and intent of the ordinance and is in ha~inony with the
development policies and goals and objectives as embodied in the Comprehensive Plan for
Development of the City." The Land Use Plan reflects the area as parkland and the proposed use
is compatible with the Plan and existing uses.
3. "That the proposed use will not be detrimental to the health, welfare, and safety of the surrounding
neighborhood or its occupants, nor be substantially or permanently injurious to neighboring
property." The public hearing is an opportunity for the Commission to measure the potential
impact on surrounding land uses.
66The Commission may impose additional reasonable restrictions or conditions to carry out the spirit and
intent of the ordinance and to mitigate adverse effects of the proposed use. These requirements may
include, but are not limited to, increased open space, loading and parking requirements, additional
landscaping, and additional improvements such as curbing, sidewalks and screening." In the past, the
• commission has required additional site improvements such as fences or vegetative buffers to screen
adjacent residential areas from a new conditional use or an expansion. Unless the public hearing
brings to light any new information indicating potential negative impacts, Staff recommended
approval of the use, site plan, and sign.
Assistant Parks & Recreation Director Ploeger explained that the architectural plans are scheduled to be
out for bid in August with construction beginning around September or October. Staff hopes to have
the center in operation by May 1999. The center would always be supervised and noise levels should
not be a factor because activities would primarily be indoors. Mr. Ploeger explained that other uses for
the center would involve uses between the hours of 8:00 A.M. and 3:00 P.M. since the teens would be
in school and would not be utilizing the facility. Theses uses would include Xtra Education Program,
Senior Services and possible private functions. Youth Services Coordinator Waddell explained that
there would be approximately 150-200 teens using the facility depending on the type of event.
Southwood Valley Athletic Complex was chosen because it would be in walking distance to the Jr. High
which would be the primary users. Mr. Ploeger explained that the increased traffic volumes would be
from the parents dropping and picking up the teens. There should not be an increase in parking at this
facility due to the fact that the targeted teens are not of driving age.
Chairman Massey opened the public hearing.
•
P&Z Minutes June 4, 1998 Page 2 of 7
Mr. Layne Westover, 3408 Wildrye, expressed his concerns of current noise problems because of the
loud stereos in vehicles that use the Park's parking lot to visit. He also said that he and other neighbors
had problems with the pavilion having parties with live bands. He felt that if the building was well
• insulated he would not have a problem but he asked that his, and his neighbor's, concerns be addressed
before a decision was made. He has spoke with other residents in the area and they also have a concern
with access onto Rock Prairie Road. He feels the problems would increase with the teen center in this
location.
Chairman Massey closed the public hearing.
Commissioner Rife stated that he was in favor of the request but he felt the noise issue should be
addressed. He asked staff if the Commission could have a restriction approved to cover the noise
problem. Senior Planner McCully explained that the Commission could make restrictions on "physical"
items such as landscaping and additional buffering. The Commission expressed their desire for the
Parks Department to address the noise concern and impact on surrounding neighborhoods,
Commissioner Garner moved to approve of the Conditional Use Permit, site plan and sign request.
Commissioner Lightfoot seconded the motion which passed unopposed (S-0).
AGENDA ITEM NO. 3: Consideration of a Preliminary Plat of West Wolf Pen Creek Phase I,
approximately 12.3 acres along the south side of Harvey Road between Office Max and
Woodstock Condominiums. Four lots, 1 reserve tract and a Wolf Pen Creek Dedication Area.
(98-307)
• Assistant City Engineer Morgan presented the staff report and stated that the purpose of this
preliminary plat is to divide 12.3 acres into 4 lots and approximately 5.4 acres of Wolf Pen Creek
dedication area. The Land Use Plan shows this area as Wolf Pen Creek which is an area with a unique
zoning district created as part of the Wolf Pen Creek master plan. The applicant is desiring to plat this
property for future sale and development. One of the lots is currently developed as the old Christmas
Store which is currently vacant. This lot is being incorporated in this plat because it was part of the
parent tract and was not properly platted prior to development. Although development has occurred on
the property, staff has identified and discussed with the applicant the ability to obtain additional access
easements to the creek. These are necessary for the City to maintain existing creek improvements at
this location. The applicant agreed to provide these easements on the plat.
Ms. Morgan stated that the Wolf Pen Creek minimum reservation and floodway area is shown on the
plat. This area has been determined by Nathan D. Maier in a study commissioned by the applicant in
1994° To date this study has not been submitted to the City of College Station or FEMA for review and
approval. As indicated on the plat, the applicant will be submitting this report to FEMA for adoptior_
Because the study alters the floodway line significantly, FEMA approval of the study will be required
prior to filing any final plats. This is imperative as the floodway is extremely restrictive for development
and the location of the floodway line will determine locations available for property improvements. On
the currently adopted FEMA maps, the floodway almost completely inundates lots 3 and 4 and renders
them essentially undevelopable. Along the rear of lots 2 and 3 the applicant is requesting a variance
from the Zoning Ordinance, in particular, the Wolf Pen dedication section, which requires that a 20'
strip adjacent to the floodway be reserved for future park and trail development. This variance request
•
P&Z Minutes June 4, 1998 Page 3 of 7
(reducing from 20 feet to 10 feet) was granted by the Zoning Board of Adjustment on June 2, 1998. In
addition to the variance, the applicant is requesting to defer the decision to either dedicate or develop
• the floodway and minimum reservation area on Wolf Pen Creek Tributary "A" as per the Wolf Pen
Creek Master Plan until site development of lots 3 and 4. Ms. Morgan explained that staff has reviewed
this plat keeping in mind both the current master plan as well as the revisions currently proposed. After
a site visit looking at topography and discussions with the Parks Department and Public Works
Departments, staff felt comfortable with the 10' reduction in the minimum reservation area. This is due
to the relatively flat topography at this location and the fact that the creek is approximately one hundred
feet away from the floodway line at this location. These characteristics would allow for trails and any
future lake system to still be constructed along the rear of lots 2 and 3. Staff was also supportive of
delaying the decision regarding the floodway and minimum reservation area along Tributary "A" until
site planning. This will allow the site designer to incorporate the trail system with his development.
Realizing that this Tributary is the only available location fora "vista" into the corridor from a major
thoroughfare, staff would be reviewing any site plan at this location with that in mind. The "vista" will
need to be an obvious entrance and focal point into the corridor and trail system.
The preliminary plat as submitted is one that complies with the City codes, ordinances, and policies
since the variance was granted. Staff recommended approval of the preliminary plat with the following
conditions:
1. Provide a 20 foot public access easement through Lot 1 from Harvey Road (SH30) to the rear lot
line adjacent to the Wolf Pen Creek dedication area and along that same rear lot line for
maintenance.
2. Move the 25 foot private access easement out of the 24 foot landscape reserve along Elarvey
• Road.
3. Show the existing building location on Lot 1 to assure that no encroachments are created with this
plat.
4. The old Christmas Store driveway needs to be shown so that staff can assure that the driveway
ordinance can be met with the 25 foot private access easement.
5. The access easements for driveway locations onto Harvey Road do not meet the driveway
ordinance as shown and therefore must be coordinated with Staff prior to this plat proceeding to
Council.
6o That the 1994 Nathan D. Maier study be submitted to FEMA for approval and that the approval
occur prior to filing any final plat for record.
Chairman Massey asked for the comments from the Zoning Board of Adjustments. Ms. Morgan
explained that they had questions and concerns of where the trails would go if they granted the variance.
She said that the trails would probably meander closer to the creek at this location. They also asked if
the 10 feet access would be enough for maintenance and she said that staff felt comfortable with
reducing the access.
Commissioner Gribou wanted to know the applicant's reasons for wanting the variance. Ms. Morgan
said that her interpretation of what the applicant wanted was with regard to the amount of property this
particular development would need.
Commissioner Rife asked what the purpose was for requiring the applicant to move the 25 foot Public
• Access Easement out of the 24 foot landscape reserve. Ms. Morgan explained that the 24 foot
P&ZMtnutes June 4, 1998 Page 4 of 7
landscape reserve does allow limited parking within it. The idea is to have a landscape area between the
concrete parking area and the roadway. By requiring this it would remove the concrete from the 24
• foot landscape reserve. The amount of concrete that would be paved in the area would exceed the
amount allowed by ordinance.
Paul Clarke explained that he has been trying to develop this tract for the past 5 1/2 years and tlus
particular plan since last year. He said that lots 3 and 4 have the tributary that runs under Harvey Road.
The rear service entrance for both lots will face the Woodstock Condos. He said that this is the only
proposed development that would hold up to the original Wolf Pen Creek Master Plan. Lot 1 is
currently two pieces of property that have never been platted. Lot 1 (the back piece, which contained
the former Christmas Store) is the only piece that was developed and maintained to development
standards.
Mr. Clarke explained that the reasons behind asking for the variance was to allow enough parking and
u-ill give and additional 4 feet for a landscape buffer.
He explained that when his company purchased the property approximately six years ago, there was a
survey completed which showed that only one or two acres by the creek that were considered
undevelopable due to the floodway. He explained that approximately 90 days after this property was
closed FEMA issued their new flood panels which showed all of this property as floodway. Clarke &
Wyndham hired Nathan D. Maier, the same engineering firm the City used, to evaluate this problem.
When the engineering firm actually went out and located what was on the ground, they found that the
new flood panels were inaccurate.
• Mr. Clarke explained that he was agreeable with all staff recommendations except #'s 1 and 6, He felt
that the City did not have the right to require the applicant to "provide a 20 foot public access easement
through Lot 1" as stated in Staffs recommendation number 1 previously mentioned. He thinks having
an access easement running through the middle of a piece of property would be hard to develop,
Ms. Morgan said that Staff could do without the 20' foot access easement as long as there is access
through the other properties. Staff would need an access easement in the rear of the property if the
applicant dedicates the improvement in the back of the Sneaker's property because there is a rock wall
back there and there is no access for maintenance. If the applicant has a problem with dedicating this
property, the City can remove the complete dedication on this lot and the applicant would be
responsible for maintenance.
Mr. Clarke felt that platting is not the appropriate time to discuss maintenance access, it should be
discussed during the site plan review. Commissioner Gribou asked for Staff to comment on the issue of
when to show maintenance access if it is agreed that an easement is necessary.
City Planner Kee expressed her concern that once the floodway and the wall are dedicated, the City will
immediately take over maintenance. There is no way to get to the wall from the floodway side. She
suggested the applicant include the same note on the plat for Lot I as on the tributary area to state that
this would be considered for dedication at the time of site plan review, this would require the property
owner to maintain the wall until time of site development when it is decided who will maintain.
• The Commissioners asked Staff if the 10 foot easement would make a significant difference to this
development. Ms. Morgan said that the applicant would need to address this issue.
P&Z Minutes June 4, 1998 Page S of 7
Mr. Clarke said that he did not think Staff's recommendation #6 (FEMA approval) should apply and
delay the filing of this plat.
• Commissioner Gribou asked if this recommendation, regarding the FEMA report, was unusual to
require. Ms. Morgan said that this is probably the most important because as shown now, Lots 3 and 4
are completely undevelopable because the FEMA panels show an approximate 550' floodway width.
FEMA must adopt this requested 180' floodway line prior to developing the property. The applicant is
saying that the Nathan D. Maier study completed in 1994, used on the ground topos to revise some of
the original models done for the City. The original models were sent to FEMA and utilized in the
adoption of the 1992 FEMA maps. Once they ran the model with the on-ground topo elevations, it
reduced the floodway at this particular location to approximately 180'. She explained-that FEMA must
adopt this new floodway line before it can be utilized for regulation. The floodway is extremely
restrictive with regard to building locations and any improvements because of the effects it has on
downstream and upstream properties. The concern of allowing permitting now is large because, if
FEMA does not concur with this new 180' width, and it becomes wider, there is a chance that any
permits issued for Lots 3&4 could be in the floodway.
Greg Taggart, Municipal Development Group, explained that the applicant would like flexibility on staff
recommendation #1 to address the maintenance issue. He also wanted to be allowed to continue with
the plat prior to FEMA approval. The original FEMA panel included bad data. The process for getting
approval from FEMA takes a long time and this would delay platting of the property. He said he would
be willing to accept approval with the condition that no development permits are issued until FEMA
approval. Commissioner Gribou said that if FEMA sent back changes, they would have to replat. Mr.
Taggart said that this could happen.
• Ms. Morgan said that staff could support the condition of no development permits issued until adoption
from FEMA. She said that she would also like the plat to note this conditioan so that all potential
property owners are notified of the FEMA issue.
Commissioner Rife moved to approve the Preliminary Plat subject to staff recommendations #'s 2-5,
include the recommendation #1 assuming that the applicant wishes to dedicate the property, and #6 is
withdrawn with the condition that no development permits are issued until FEMA adoption noted on
the plat and all property owners and potential property owners are notified of the status of the FEMA
revision. Commissioner Gribou seconded the motion which passed unopposed (5-0).
AGENDA ITEM NO. 4: Consideration of a Final Plat of Whispering Ridge, approximately 23
acres in the City's ETJ (Extra Territorial Jurisdiction) located off of River Road, totaling 11
residential lots. (98-304).
Graduate Engineer Kaspar presented the staff report and stated that this final plat matches the
Preliminary Plat brought to the Planning & Zoning Commission earlier this year. No significant changes
have been made from what was shown on that preliminary plat.
The Planning & Zoning Commission, as part of the approval of the preliminary plat, granted a variance
to the minimum lot width required in the City's Subdivision Regulations for Lot 6. That section states
that in the ET7 when the urban rural street cross section is used, the minimum lot width shall be 100
• feet. Lot 6 still complies with the county's requirements for lot width. Mr. Kaspar said that the water
P&Z Minutes June 4, 1998 Page 6 of 7
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•
supply system shall comply with the requirements of the Texas State Department of Health. Water
service is proposed to be provided by Brushy Water Supply Corporation as stated on the plate The
applicant is proposing to construct 24 foot wide asphalt pavement sections within 70 foot wide rights-
of-way, These proposed streets comply with the Subdivision Ordinance Section 13, which allows this
type of roadway within the ETJ of the City of College Station, Ten feet of right-of--way is being
dedicated with this plat for Whites Creek Road. This will bring the right-of--way up to 60' wide which
will allow compliance with the Thoroughfare plan. Staff recommended approval of this final plat.
Mr. Bill Koehler, Municipal Development Group, was present to answer any questions.
Commissioner Gribou moved to approve the Final Plat as submitteda Commissioner Gamer seconded
the motion which passed unopposed (5-0).
a~
AGENDA ITEM NO. 5: Other Business.
Chairman Massey handed the Commissioners copies of the Strategic Issues from the Council meeting
that he attended.
City Planner Kee said that Commission appointments should be made at the June Council Meeting. If
the new appointments are made, there will be a Planning & Zoning Commissioner Workshop on July 2,
1998 beginning at 5:30 P.M. before the Regular Meeting.
Ms. Kee also said that Chairman Massey and Commissioner Rife were appointed to the Greenways
Taskforce.
Commissioners Gribou and Lightfoot said their good-byes to the Commission and Staff. Their terms
are expiring and they will not be returning to the Commission.
AGENDA ITEM NO. 6. Adjourn.
Commissioner Lightfoot moved to adjourn the meeting of the Planning and Zoning Commission.
Commissioner Gribou seconded the motion which passed unopposed (5-0).
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Staff Assistant, Debra Charanza
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P&Z ~l~linutes
June 4, 1998
Page 7 ®f 7
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