HomeMy WebLinkAbout12/16/1999 - Minutes - Planning & Zoning CommissionMINUTES
Planning and Zoning Commission
• CITY OF COLLEGE STATION, TEXAS
December 16, 1999
6:30 P.M.
COMMISSIONERS PRESENT: Chairman Rife, Commissioners Warren, Floyd, Horlen, Kaiser,
and Mooney.
COMMISSIONERS ABSENT: Commissioner Parker.
COUNCIL MEMBERS PRESENT: Council Member Maloney
STAFF PRESENT: Senior Planner McCully, Staff Assistant Charanza, City Planner Kee,
Assistant Development Coordinator George, Acting Assistant City
Engineer Tondre, Transportation Analyst Hester, Staff Planner
Jimmerson, Staff Planner Anderson, Action Center Coordinator Tucker,
and Assistant City Attorneys Ladd and DeCluitt.
• AGENDA ITEM NO. 1: Hear visitors
There was no one present wishing to address the Commission.
The following items were approved by common consent.
AGENDA ITEM N0.2: Consent Agenda.
Agenda Item No. 2.1: Approved the minutes from the Regular Meeting held on December 2, 1999.
Agenda Item No. 2.2: Approved the minutes from the Workshop Meeting held on December 2, 1999.
Agenda Item No. 2.3: Approved a resubdivision of Lot 1, Bloc1~~3 of the Business Center at College
Station, Phase One, approximately 9.575 acres divided into two lots at the corner of State Highway 6
and Venture Drive. (99-248)
Agenda Item No. 2.4: Approved a Vacating and Replat of Lots 10A1 and 10A2 for Lakeview Acres
located on the northeast corner of the intersection at Texas Avenue and Morgans Lane. (99-256)
Agenda Item No. 2.5: Approved a Final Plat for Campus Park Phase l B, consisting of 0.78 acres
located near the intersection of Holleman and Welsh Roads. (99-259)
. Agenda Item No. 2.6: Approved a Final Plat for Campus Park Phase 2, consisting of 4.102 acres
located near the intersection of Holleman and Welsh Roads. (99-258)
P&Z Minutes December 16, 1999 Page I of 12
REGULAR AGENDA
• AGENDA ITEM NO. 3: Consideration of a Revised Master Preliminary Plat for Alexandria
Subdivision (93.5 acres) located north of Barron Road and west of State Highway 6; and
consideration of a Final Plat of Phase 2A (11.3 acres); and consideration of a Final Plat of Phase
2B (7.341 acres). (98-331., 99-254, & 99-255)
Staff Planner Jimmerson presented the staff report and explained that these are three separate items on
the which the Commission will need to take action. The revision to the Master Preliminary Plat
consists of a change in one phase line. The original Master Preliminary Plat that was approved by the
City Council on January 4, 1999, show the boundary between Phase 2 and Phase 4 as extending along
the western side of the proposed Alexandria Drive to the northern property line. Adjusting the phase
line will allow for all of the greenway areas to be dedicated to the City at one time with Phase 4a At
this time the City is not yet ready to take over maintenance of this area. The remainder of Alexandria
Avenue will also be constructed with Phase 4. Phase 4 is large enough to support the cost of that piece
of infrastructure. Staff recommended approval of the Revised Master Preliminary Plat of the
Alexandria Subdivision. She said that both of the Final Plats were in compliance with the Revised
Master Preliminary Plat (if approved). They are also in compliance with the Zoning Ordinance and the
Subdivision Regulations. Staff recommended approval of both Final Plats as submitted.
Commissioner Mooney moved to approve the Revised Master Preliminary Plat. Commissioner Floyd
seconded the motion, which passed unopposed 6-0.
• Commissioner Warren moved to approve the Final Plat for the Alexandria Subdivision Phase 2A.
Commissioner Mooney seconded the motion, which passed unopposed 6-0.
Commissioner Floyd moved to approve the Final Plat for the Alexandria Subdivision Phase 2B.
Commissioner Kaiser seconded the motion, which passed unopposed 6-0.
Chairman Rife removed himself from the position of chairman and asked Commissioner Mooney to
take over the responsibilities for the next agenda item.
AGENDA ITEM NO. 4: Public hearing and consideration of a Conditional Use Permit and Site
Plan for a Wireless Telecommunications Facility to be located at 701 Anderson Street (Grace
Bible Church). (99-724)
Senior Planner Battle presented the staff report and stated that the proposed 80' high tower will be
located on the eastern side of the property closest to Viking Apartments. The property is currently
zoned R-6 (high-density apartments). It is adjacent to R-6 on three sides with existing apartments to
the north and east. The lot directly south of the church contains a day care facility is owned by the
church. The property to the west across Anderson Street is zoned R-1 and is also owned by the
Church. The tower would be approximately 120' from the closest residential building. This request is
intended to meet the ordinance requirements for Stealth Technology Design. The ordinance states:
• "Any WTF with appropriate stealth technology design approved by the Planning & Zoning
Commission may be located in any zoning district." The ordinance defines "STEALTH
TECHNOLOGY or FACILITY: Design technology that blends the wireless telecommunications
P&Z Minutes December 16, 1999 Page 2 of 12
facility into the surrounding environment; examples of stealth facilities include but are not limited to
architecturally screened roof-mounted antennas, building-mounted antennas painted and/or textured to
match the existing structure, antennas integrated into architectural elements such as church spires or
• window wall, and antenna structures designed to resemble light poles or flag poles."
Mr. Battle explained that this is the first WTF proposed to meet the Stealth Design requirements. This
section of the ordinance was designed to encourage service providers to be creative in locating and
designing facilities and minimize the aesthetic impact on the community, He said that in addition to
the standard guidelines for CUP's (described below), the Commission shall consider the following
additional factors when determining whether to grant a CUP for a telecommunications facility:
a. Height of the proposed tower, surrounding topography and surrounding tree coverage and foliage
as they relate to:
(1) Skyline impact, examining whether the proportions of the structure appears to dominate or
blend in with the surrounding environment.
(2) shadow impact, whether or not the proposed tower will cast shadows that would prevent the
reasonable use of the enjoyment of surrounding properties.
b. design of the tower, with particular reference to design characteristics that have the effect of
reducing or eliminating visual obtrusiveness.
c. proximity of the tower to residential structures and residential district boundaries.
d. economic impact on adjacent and nearby properties.
e. proposed ingress and egress.
f. availability of suitable alternatives and/or existing support structures.
• Section 14 of the Zoning Ordinance authorizes the existence of conditional uses, 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." This use meets all of the minimum ordinance requirements.
2. "That the proposed use meets the purpose and intent of the ordinance and is in harmony with the
development policies and goals and objectives as embodied in the Comprehensive Plan for
Development of the City." This use is in line with the Land Use Plan.
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. ~'
"The 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." Unless the
public hearing brings to light any new information indicating potential negative impacts, Staff
recommended approval.
Mr. Battle said this item was originally scheduled for the November 4 Commission meeting, but was
withdrawn by the applicant to allow Sprint to meet with the neighborhood to give the residents an
• opportunity to find out more about the proposal and express their concerns. It was reported that only
two people attended this meeting.
P&Z Minutes December 16, 1999 Page 3 of 12
He said that other locations were considered, one of which was the water tower at Holleman and Texas
Avenue, but this seemed to be the best location for the applicant (Sprint).
• The Commissioners asked if there were any discussions about a different design other than a stealth
tower. Mr. Battle said that he was not sure of any discussions with the Church.
The Commission asked what the reasons were to not locate the cell tower on the water tower. Mr.
Battle said that his understanding was that the City has there own communications equipment on the
tower, and City representatives were concerned with interference. The Water Department also was not
interested in locating this cell tower on the water tower.
Commissioner Warren said that the ordinance encouraged collocation of towers, and felt the water
tower fell into this category. Assistant City Attorney Ladd explained that the Telecommunications Act
requires collocation if possible, but only if it is feasible and if the tower can handle it.
Commissioner Mooney opened the public hearing.
Mr. George Crain, 1110 Klamath Lane, was present to represent SprintCom. He clarified that there
would be no temporary tower as first proposed. The proposed stealth tower will actually be 80', which
is an increase of 2 feet. There will not be a cross placed on the top of the tower. He told the
Commission that it is standard for Sprint to investigate collocation prospects before searching for a
new location. The City was the first they contacted about collocation on the water tower. He said that
through discussions with City's Water Department officials, it was determined that the City was not
interested in this cell tower on the existing water tower. The City's reasons were because they were
• not sure if there would be interference with the existing communications equipment on the water
tower, and they were not certain of the future of the water tower at this location.
Commissioner Mooney closed the public hearing.
Commission Horlen moved to approve the request. Commissioner Floyd seconded the motion, which
passed 5-0-1; Chairman Rife abstained.
Chairman Rife returned to the duties of Chairman.
AGENDA ITEM NO. 5: Public hearing and consideration of a Conditional Use Permit, use and
site plan, for Christian Science Society located at 201 Boyett, Which is on the northwest corner of
Boyett and Patricia Streets. (99-726)
Staff Planner Jimmerson presented the staff report and reminded the Commission that churches may be
permitted as conditional uses in any district upon approval from the Planning & Zoning Commission,
The applicant is requesting permission to expand their church facilities at their existing site. The site is
zoned NG-l, Historic Northgate, and shown on the Land Use Plan as a redevelopment area. She
pointed out that this site is not listed in the Northgate Historic Resources Survey. The existing
structure is approximately 1030 square feet, and the expansion would be another 1970 square feet,
bring the total building area to 3000 square feet. The new facility will seat 70 people, which requires
• 23 parking spaces. The site plan shows only 2 spaces. However the applicant has stated that there is
agreement with the adjacent parking lot owner for use of those spaces on Sundays and Wednesday
evenings. In addition, the City's public lot is directly across Boyett Street. The Northgate Review
P&Z Minutes December 16, 1999 Page 4 of 12
Board unanimously approved the site plan as proposed (November 5, 1999), with the condition of
relocating the one non-handicap parking space to the area where the trash receptacles were shown on
the plan, which the applicant has done. Staff recommended approval of the use and approval of the site
• plan with the condition of addressing the Staff Review Comments #2. If addressing the Staff Review
Comments causes any significant changes to the site plan, it would require resubmission to the NRB
and the Commission for approval of those changes.
Chairman Rife opened the public hearing.
Ms. Debbie Fry, 904 Holik, was present to represent the Church. She said the church was a place of
meeting and worship only. The expansion would allow for Sunday school classes, which would run
concurrently with the services. She explained that there should not be parking problems because the
church meets when the adjacent business are not operating. She said that there is a written agreement
with the adjacent property owner to use their parking during the church services. She said that 70 seats
would be adequate, since there has been steady attendance and they do not anticipate an increase in
membership.
Chairman Rife expressed his concern that the Staff Review Comments had not been addressed.
Mr. Christian Galindo, Galindo Engineers, explained that the comments expressed by staff in the
review were being addressed. He informed the Commission of the plans for the sidewalk from the
proposed drive to the neighboring property (where the parking agreement is).
Chairman Rife closed the public hearing.
• Commissioner Horlen moved to approve the Conditional Use Permit with staff's conditions.
Commissioner Mooney seconded the motion, which passed unopposed 6-0.
AGENDA ITEM N0.6: Public hearing and consideration of a Conditional Use Permit, meet use,
for Kappa Delta Sorority located in the Creekside Shopping Center at 809 E. University Drive,
Suite 220. (99-728)
Staff Planner Anderson presented the staff report and explained that proposal would be to provide a
temporary meeting place for the sorority until their recently approved house is completed. She
explained that the shopping center is zoned C-B Commercial Business, and houses several uses, such
as a restaurant, a dance studio, and administrative offices. Ms. Anderson pointed out that Section 14 of
the Zoning Ordinance authorizes the existence of conditional uses. The Commission may permit a
conditional use subject to appropriate conditions and safeguards, when after public notice and hearing
the Commission finds that:
1. "The proposed us meets all the minimum standards established in the ordinance for this type of use
proposed." The lease appropriates 59 parking spaces for the Sorority, 60 spaces are required by
the Zoning Ordinance.
2. "That the proposed use meets the purpose and intent of the ordinance and is in harmony with the
development policies and goals and objectives as embodied in the Comprehensive Plan for
• Development of the City."
P&Z Minutes December 16, 1999 Page S of 12
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 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...parking requirements."
Unless the public hearing brings to light any new information indicating potential negative impacts,
Staff recommended approval of the temporary use request.
The Commissioners mentioned the concern with security.
Chairman Rife opened the public hearing.
Mr. Kyle Hawthorne, 4343 Carter Creek Suite 400, was present representing the applicant. He pointed
out that the lease space is 2200 square feet, and was previously used as a sorority meeting place. There
would be approximately 150 girls, but they are encouraged to carpool to avoid parking problems and to
allow security for the girls. The meetings would take place on Mondays at 7:00 p.m. There would be
minimal daily activities, which would include administrative work with maybe one or two people
present daily. The sorority would need to use this space through August.
Ms. Rita Floeck, 1511 Augusta, said that she was the Housemother for this sorority. She said that the
new house was promised to be ready before Rush (August). They would use the space as an office
during the day and a meeting place on Monday evenings. She said that this location was chosen
• because another sorority used it and it served the purpose. She said the area was well lit and the
security was not a problem by the other sorority when they leased the space. She said the lease would
be through August.
Chairman Rife closed the public hearing.
Commissioner Warren moved to approve the temporary use with a time limit through August 30, 2000.
Commissioner Kaiser seconded the motion.
Commissioner Floyd said that in the past he had understood that time limitations could not be placed
on Conditional Uses. Senior Planner McCully explained that the Zoning Ordinance permits the
Commission to place certain restrictions on conditional uses, including time limits. Assistant City
Attorney Ladd reiterated Ms. McCully comment. h°
Commissioner Warren said that the only reason she place the August time limitation on this request
was to assure that if this sorority moved out earlier, it would protect the City from other uses coming
into this location. Ms. Ladd explained that any other use that wanted to come into this location would
require Commission's approval through the use permit process, even if it were another sorority use.
Chairman Rife said that the Commission's views were that the Conditional Use Permit went with the
use not the applicant.
• Chairman Rife called for the vote and the motion to approve the temporary use passed 5-l;
Commissioner Horlen voted in opposition.
P&Z Minutes December 16, 1999 Page 6 of 12
AGENDA ITEM NO. 7: Public hearing and consideration of a rezoning of 19.149 acres from A-
O Agricultural Open to R-lA Single Family Residential, located east of State Highway 6 and
north of Emerald Parkway (proposed Emerald Forest Phase 11). (99-124)
• City Planner Kee combined this item and Agenda Item No. 8 together for the staff report.
She explained that the rezoning request would add 19.149 acres of single family residential zoning to
the existing Emerald Forest Subdivision. The proposed R-lA zoning district is in compliance with the
medium density single family residential designation shown on the City's Comprehensive Land Use
Plan. The adjacent phases of Emerald Forest, Phase 8,9, and 10 are zoned R-1 A, which allows a
minimum lot size of 4000 square feet per single family lot. The remaining surrounding property is
zoned A-O Agricultural Open. The maximum number of dwelling units given the proposed R-lA
zoning, could be a total of 165 dwelling units, but in reality, the property is being platted for 55 lots.
The average lot size is 12,200 square feet. The rear setback can be reduced from 25 feet to 20 feet with
R-lA zoning. Staff recommended approval of the rezoning.
The preliminary plat is of 32.51 acres for the last remaining developable phase of the Emerald Forest
Subdivision. It includes a 19.11 acre portion adjacent to Appomattox platted for single family lots and
a 19.21 acres portion to the east, which is covered in large part by major utility easements. 13.40 acres
of this 19.21 acres is proposed to be dedicated to the City of College Station. The remaining 5.81 acres
is show as a reserve and not included in Phase 11. The 19.11 acre portion contains 55 single-family
lots and is a continuation of residential development similar to that of Phase 10. It includes the
continuation of Spring Creek east of Appomattox to serve this phase of the development. This is the
area that is being considered for the rezoning. The remaining 19.21 acre portion of the developer's
• property to the east is linear and irregular in shape and not well suited for residential development in its
current configuration. Over half of this portion is covered by utility easements containing major
overhead and underground utilities.
Ms. Kee said that the subdivision regulations also call for the dedication and construction of a bike
path along the utility easements in the 19.21 acres portion. A bike path is shown in this area on the
City's Bikeway Master Plan as well at the Thoroughfare Plan. In addition, a linear park is shown along
the area of the utility easements on the City's Parks Plan and Future Land Use Plan.
Due to the uncertainty of when or if the area east of Emerald Forest could develop, the developer does
not desire to construct the extension of Spring Creek Drive or the water line at this time. He also does
not desire to construct the bike path at this time for similar reasons. The developer believes that if the
roadway extension and the bike path were build at this time, thef'would get little if any use and could
become a maintenance problem for the City. In light of this he has proposed to dedicate 13.40 acres of
his remaining 19.21 acres for a future linear park and bike path. If dedicated, the developer would not
longer be required under the subdivision regulations to construct the street extension, water line
extension, or the bike path since he would no longer own the property. The area proposed for
dedication includes a 160 foot wide strip containing two north-south utility easements. These
easements generally extend all the way through our community from Pebble Creek to the City of
Bryan. Included in the dedication is a 7.674 acre portion that will serve as a buffer between the City's
Wastewater Treatment Plant and the Emerald Forest Subdivision.
• Ms. Kee reminded the Commission that the Master Development Plan was approved at the December 2
P&Z Meeting.
P&Z Minutes December 16, 1999 Page 7 of 12
Staff recommended approval of the Preliminary Plat. The plat along with the 13.40 acre dedication
will allow for the extension of the street and water line if and when they are needed in the future. The
section of the bike path linear park shown on city plans to extend through Phase 11 is somewhat
• isolated and not connected to any residential areas. If the street extension and the bike path were
constructed as part of Phase 11, they would get little use and could possibly become maintenance
problems for the City. The plat along with the dedication will also ensure that a vegetative buffer
remains between Phases 10 and 11 and the City's wastewater treatment plant.
Chairman Rife opened the public hearing for the rezoning item.
Ms. Debbie Keating, 8411 Shadow Oaks (Urban Design Group), was present to represent the applicant.
She said that the developer does not desire to pay for the street extension or build the bike path at this
time, and they felt that this would be an added burden at this time due to the possible maintenance
problems it would cause.
Mr. Greg Swoboda, 8605 Topaz, was present to represent the owner. 1=Ie said that since the bike path
would be developed into dead ends, it was not the best use of money at this time.
Mr. Benito Flores-Meath, 901 Val Verde, said that he had no problems with this development, but has
concerns with the possibility of problems such as the ones at 600 Welsh (which allowed for multiple
single family residences on a single lot).
Chairman Rife closed the public hearing.
Commissioner Mooney moved to recommend denial of the rezoning request. Commission Warren
• seconded the motion.
The concerns they had with this rezoning was that the dedication would be taking the responsibility
away from the developer to build the bike path and extend the street.
Ms. Kee came to the podium to remind the Commission that these concerns would be best dealt with as
part of the plat rather than the rezoning.
Chairman Rife said that he had no problem with rezoning the area to R-1 A.
Chairman Rife called for the vote, and the motion to recommend denial of the rezoning failed 0-6.
h'
Commissioner Floyd moved to recommend approval of the rezoning. Commission Warren seconded
the motion, which passed unopposed 6-0.
AGEPIDA ITEM NO. 8: Consideration of a Preliminary Plat for Emerald Forest Phase 11,
consisting of 32.51 acres located on the east side of Appomattox Drive south of Phase 10 and
north of Bee Creek. (99-314)
This item was combined with the previous item for the staff report and discussions.
• Commissioner Warren moved to deny the preliminary plat request. Commissioner Mooney seconded
the motion, which passed 5-1; Chairman Rife opposed the motion.
P&Z Minutes December 16, 1999 Page 8 of 12
AGENDA ITEM NO. 9: Public hearing and consideration of a rezoning for Klunkert Office
building located at 4090 Raymond Stotzer Parkway, from A-O Agricultural Open to C-2
• Industrial Commercial. (99-127)
Senior Planner McCully presented the staff report and said that the subject property is in the process of
being remodeled from a nonconforming service station that was annexed into the City several years
ago to a construction office. The changes made thus far have fallen under legal nonconforming status,
but the applicant intended to expand the use to include on-site storage of construction materials, which
is beyond the scope of legal nonconforming status. The Land Use Plan reflects the area as future light
industriaUresearch and development. That classification would call for exclusively industrial
development, and the requested C-2 includes several industrial type uses in addition to general
commercial uses, such as those allowed in C-1. The industrial uses listed in the C-2 district would be in
compliance with the plan. Staff recommended approval of the rezoning request.
Chairman Rife opened the public hearing.
Mr. Matt Klunkert, 8413 Shadow Oaks, (the owner) explained that this use would be for a commercial
industrial construction company. There would be very little equipment stored on site, and would not
involve any fuel storage, The surrounding properties are owned by Texas A&M University.
Chairman Rife closed the public hearing.
• Commissioner Horlen moved to recommend approval of the rezoning request. Commissioner Warren
seconded the motion.
Commissioner Floyd said that he was in favor of the intentions of the applicant. He commended the
applicant for building a nice building, and felt it was an improvement to one of the major gateways into
College Station. His concerns were with the other permitted uses in the C-2 classification,
Commissioner Kaiser was also concerned with what other types of businesses could be brought in if
this business were to relocate.
Commissioner Mooney expressed his concern with security for this business with the storage of
equipment. He felt that intense screening would allow for security and beautification of the
development. ~'°
Chairman Rife called for the vote, and the motion to approve the rezoning failed 1-5; Commissioner
Horlen voted in favor of the motion.
Commissioner Floyd moved to deny the request without prejudice. Commissioner Mooney seconded
the motion, which passed unopposed 6-0.
AGENDA ITEM NO. 10: Public hearing and consideration of a rezoning for Sandstone
• Addition, Lot 20, a 14.41 acre tract located in the Sandstone Subdivision at the end of Oakwood
Trail. (99-130)
P&Z Minutes December 16, 1999 Page 9 of 12
City Planner Kee presented the staff report and stated that the Foxfire and Sandstone subdivisions
surround the subject tract on the east, south and west, and Sandstone Park on the north. It contains
14.41 acres and lies at the end of Oakwood Trail in the Sandstone Subdivision. Foxfire is zoned A-OR
• Rural Residential (minimum one acre lots) and Sandstone is zoned R-1 Single Family although the lots
meet the A-OR dimensions. The developer intends to build large (over one acre lots) for single family
development. The land use plan reflects this area for low density single family development. This
density calls for lots ranging from '/z acre to 3 acres in size. The proposal would contain 9 lots ranging
from just over one acre to just over 4 acres, Staff recommended approval of the rezoning request.
Chairman Rife opened the public hearing.
Mr. Bruce Miles, 2710 Oakwood said that he owns the tract adjacent to the proposal. He is concerned
with the lot sizes not matching up with the existing.
Mr. Philip Blackburn, was present to represent Mr. Tony Jones (the applicant). He said that the
intention is to develop upscale estate-like homes, The streets would be blacktop with laydown curbs.
The four acre tract would not be included, and there would be no access to this tract. There is a current
drainage system that would be upgraded to accommodate this development. He explained that Mr.
Tony Jones spoke with numerous people in the Sandstone area. He assumed Mr. Miles was not one
that was spoken to, but was not sure why.
Chairman Rife closed the public hearing.
Commissioner Mooney moved to recommend approval of the rezoning request. Commissioner Horlen
• seconded the motion, which passed 4-2; Commissioners Floyd and Warren voted in opposition.
AGENDA ITEM NO. 11: Public hearing and consideration of a rezoning for approximately 7.16
acres located on the northwest corner of Holleman and Harvey Mitchell Parkway from R-1
Single Family Residential to C-1 General Commercial (2.08 acres) and R-2 Duplex Residential
(5.7 acres). (99-129)
Senior Planner McCully presented the staff report and stated that the applicant was preparing the
property for a duplex development with a convenience store/service station at the corner of Holleman
and Harvey Mitchell Parkway. A preliminary plat showing a new neighborhood street to serve most of
the duplex property is currently under review and will appear before the Commission in the near future.
The Land Use Plan reflects the tract and the rest of the property' tot he north toward Luther as high
density single family. However, in the last few years, the development trend for the area bound by
Marion Pugh, Luther, and Harvey Mitchell Parkway has been infill in the form of apartment
complexes. The duplex portion of the request is compatible with the existing land use pattern in the
area, that of duplexes, fourplexes, and apartment complexes. The Land Use Plan shows mixed use for
the area to the south across Holleman and extending to the Wellborn Road intersection. This would
indicate potential commercial uses south of Holleman with high density residential uses to the north.
Therefore, the C-1 portion of the request is technically not in compliance with the land use plan.
However, development policies relating to commercial development would support some type of
commercial use on both sides of this intersection, especially one that would serve the residential
• neighborhood. This intersection with Harvey Mitchell is also the most likely location for a future
traffic light, which would further support some commercial uses. Harvey Mitchell is classified as a
freeway/expressway on the Thoroughfare Plan. Access to this type of roadway should be limited to
P&Z Minutes December 16, 1999 Page 10 oJ12
controlled entrance point, The request for C-1 zoning would open the tract that has frontage along
2818 to potential uses such as theaters, nightclubs, mini-storage, and automobile sales, etc. The intent
is to develop the property as a convenience store/service station, which may or may not be compatible
• with the existing residential use to the west nor with the proposed duplexes to the north. Whether or
not the commercial use will be intrusive on the residential areas depends on the site development on
the tract. A rezoning to a PDD-B would enable the City to work with the developer toward a site plan
that would transition between the commercial and industrial uses. Staff recommended approval of the
R-2. Staff recommended denial of the C-1 without prejudice so that the applicant may return with a
PDD-B request.
Chairman Rife opened the public hearing.
Mr. Don Jones 804 Berry Creek, was present representing the owner, he said that the developer felt
that the commercial zone at the corner would balance the numbers for the development of the duplex.
He said that the convenience store at this site would lessen the burden at the intersection of Holleman
and Wellborn Road, where the nearest convenience store is located,
Mr. Philip Blackburn, 3243 Innsbrook, representing the developer, said that the developer is know for
his first class developments. He felt this development would be a good use for the property. He said
that if the Commission could not support the C-1 zoning, they would request consideration of a C-B
classification. If neither of these zonings can be supported, he asked that the request be denied.
Chairman Rife closed the public hearing.
• Commissioner Floyd moved to deny the rezoning request with prejudice. Commissioner Horlen
seconded the motion.
Commissioner Floyd did not feel this area should be developed as commercial.
Chairman Rife supported the motion, but did not feel it should be denied with prejudice.
Commissioner Warren said that she was not opposed to the commercial development at this location.
Chairman Rife called for the vote, and the motion to deny the request with prejudice passed 4-2;
Chairman Rife and Commissioner Mooney voted in opposition to the motion.
~°
AGENDA ITEM NO. 12: Update to the Commission of any new Minor or Amending Plats
approved by Staff.
City Planner Kee told the Commission that there were two minor plats approved by staff since the last
Commission meeting, These are the Replat of 2 lots in Woodlake Estates, and Spencer's Cove.
AGENDA ITEM NO. 13: Discussion of future agenda items.
• The Commissioners wanted to see an item on a future agenda to discuss possible other zoning
classifications as they relate to one and 5 acre lots.
P&Z Minutes December 16, 1999 Page I1 of 12
•
C]
The Staff will be setting up a rotating schedule for the special board meetings (PRC, DRB and NRB)
that meet on Wednesday mornings. These special boards have 3 rotating members of the P&Z, If an.
assigned member cannot attend their scheduled date, they will be responsible for finding a
replacement.
There will be a lunch workshop to discuss the planning process during the second or third week in
January.
Commissioners Floyd and Kaiser asked to see a report from staff discussing access to Lick Creek and
other parks.
AGENDA ITEM NO. 14: Adjourn.
Commissioner Floyd moved to adjourn the meeting of the Planning and Zoning Commission.
Commissioner Horlen seconded the motion, which passed unopposed 6-0.
ATTEST:
Staff Assistant, Debra Charanza
h°
C.
P&Z Minutes
December 16, 1999
Page 12 of 12
Registfation Form
(For persons who wish to address the Commission)
Date of Meeting 12-~t'~ ' `~
Agenda Item No. ~_
Name C` a~ ~ SST
Address SSzo S ,3e.,,k,.~ -1~ d~L
If speaking for an organization,
Name of org/atnization: ,
Speaker's official capacity:
S~ .
ect 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.
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