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HomeMy WebLinkAbout09/06/2001 - Minutes - Planning & Zoning CommissionMINUTES Planning and Zoning Commission CITY OF COLLEGE STATION, TEXAS September 6, 2001 7:00 P.M. COMMISSIONERS PRESENT: Commissioners Happ, Hawthorne, Kaiser, McMath, Trapani, and Williams. COMMISSIONERS ABSENT: Floyd. COUNCIL MEMBERS PRESENT: Maloney & Garner. STAFF PRESENT: Assistant City Manager Brown, Staff Planners Jimmerson, Hitchcock, and Reeves, Transportation Planner Eogle, Assistant City Engineer Mayo, Graduate Engineer Thompson, City Attorney Cargill, Director of Development Services Callaway, City Planner Kee, Development Review Manager Ruiz, and Staff Assistant Hazlett. Commissioner Happ called the meeting to order at 7:04 P.M. AGENDA ITEM NO. 1: None. AGENDA ITEM NO. 2: None. AGENDA ITEM NO. 3: Hear visitors Public Comment for the Record Consent Agenda The following items were approved by common consent. 3.1 3.2 3.3 P &Z Minutes Approved the Minutes from the Workshop Meeting held on July 19, 2001. Approved the Minutes from the Regular Meeting held on July 19, 2001. Approved the Minutes from the Joint Workshop Meeting held on August 2, 2001. September 6, 2001 Pagel of 7 3.4 Approved the Minutes from the Workshop Meeting held on August 2, 2001. 3.5 Approved the Minutes from the Regular Meeting held on August 2, 2001. 3.6 Approved a Final Plat for Heritage Townhomes, consisting of 55 lots on 6.629 acres located at 3500 Harvey Road. (01 -89) 3.7 Approved a Final Plat for River Place Subdivision Phase 3, consisting of 3 lots on 8.11 acres. (01 -161) 3.8 Approved a Vacating and Final Plat for Nantucket Cove Block 1 Lots 2, 3, and 4. 3.9 Approved a Final Plat for Castlegate Subdivision Section 3, Phase 2, located northwest of Greens Prairie Road and southwest of proposed State Highway 40. (01 -168) 3.10 Approved a Preliminary Plat for KTH Commercial Addition on State Highway 6 South, consisting of one C -1 General Commercial lot and one M -1 Planned Industrial lot on 110.7 acres. )01 -171) 3.11 Approved a Final Plat for Stone Forest Phase 2, consisting of 35 R -1, Single Family Residential lots on 10.76 acres. (01 -33) 3.12 Approved a Final Plat for Castlegate Subdivision Section 4, Phase 2, consisting of 22.94 acres, 87 PDD -H Planned Development District - Housing Single Family lots, located north of Greens Prairie Road and west of proposed State Highway 40. (01 -191) REGULAR AGENDA AGENDA ITEM NO. 4: Consider request(s) for absence from meetings. Commissioner Williams motioned to approve the absence request. Commissioner McMath seconded the motion. The motion carried 6 -0. AGENDA ITEM NO. 5: Consideration, discussion, and possible action on items removed from the Consent Agenda by Commission action. None. AGENDA ITEM NO. 6 : Public hearing, discussion, and possible action on a rezoning for 19.62 acres for Pebble Creek, Phase 9 -A, located south of Greens Prairie Road East from A -O Agricultural -Open to R -1 Single Family Residential. (01 -162) Staff Planner Reeves presented the Staff Report. Ms. Jimmerson stated that Staff recommends approval of the requested R -1 zoning district or the less intense R -113 district. She added that the applicant is requesting the rezoning to continue development in the Pebble Creek Subdivision, which is currently developed as R -1 Single Family. The proposed rezoning is in compliance with the Land Use Plan and the approved Pebble Creek Master Plan. P &Z Minutes September 6, 2001 Page 2 of 7 Commissioner Happ opened the public hearing. Commissioner Happ closed the public hearing. Commissioner Kaiser motioned to approve the rezoning request. Commissioner Williams seconded the motion. The motion carried 6 -0. AGENDA ITEM NO. 7: Public hearing, discussion, and possible action on a Final Plat- Replat for Sun Meadows Phase 1 consisting of 101 R -2, Duplex Residential lots on 36 acres. (00 -229) Commissioner Hawthorne excused himself due to a conflict of interest. Graduate Engineer Thompson presented the Staff Report. He explained that the developer was asked to replat the subdivision in order to include additional utility easements as well as the lot line for lot 23, block 4, which encroaches into the R -1 zoning area. Commissioner Happ opened the public hearing. Commissioner Happ closed the public hearing. Commissioner Williams motioned for approval with staff comments. Commissioner Trapani seconded the motion. The motion carried 5 -0. AGENDA ITEM NO. 8: Public hearing, discussion, and possible action on a Conditional Use Permit for Victory United Pentecostal Church located at 2730 -B Longmire. (01 -177). Staff Planner Hitchcock presented the Staff Report. Ms. Hitchcock explained that the subject property is part of the Village Square Office Park on Longmire slightly north of Deacon. She stated that Staff recommends approval of the Conditional Use Permit. The request is from a new church that would like to utilize the subject property for typical church activities such as services, meetings, and classes. The 13- member church proposes to rent 1,000 square feet in the center until they have the ability to build their own facility. The zoning area reflects the intended uses designated by the Land Use Plan, which are offices and single family. The church location would be at the back of the complex abutting single family and a child care center and is separated from the homes by approximately 97 feet which includes parking, flood plain, and 6' wooden fences. In addition, the homes have mature trees against the wooden fences. The only access to the building would be from Longmire, which is a major collector and there will be adequate parking for the church members in the 49 -space parking lot. Commissioner Happ opened the public hearing. Keith Castleberry, Pastor, stated that the church does not plan to stay here permanently and there have been no complaints from the neighbors nor has there been any parking or traffic problems. Commissioner Happ closed the public hearing. Commissioner Kaiser motioned to approve, limiting the area for church use to 1000 feet. Commissioner Williams seconded the motion. Commissioner Hawthorne pointed out that the proposal was for the use of Building B. Commissioner Kaiser amended the motion to state the use of Building B only. Commissioner Williams agreed to second the amended motion to approve. Commissioner Happ amended the motion by including a condition that no day -care facility would be instituted and P &Z Minutes September 6, 2001 Page 3 of 7 the church would not be allowed to use Building A without coming before the Commission with another Conditional Use Permit. Commissioner Kaiser agreed to this amendment. Commissioner Williams also agreed. The motion carried 6 -0. AGENDA ITEM NO. 9: Public hearing, discussion, and possible action on a request to rezone 2.497 acres out of the Robert Stevenson Survey League A -54 located at 4121 State Highway 6 South from C -3 Planned Commercial and A -P Administrative- Professional to C -1 General Commercial. (01 -181) Staff Planner Jimmerson presented the Staff Report. Ms. Jimmerson stated that staff recommends approval of the C -1 rezoning or any lesser commercial zoning district. She explained that the applicant hopes to use the property for a restaurant but is requesting the C -1 zoning which would also allow a number of other uses. Ms. Jimmerson further explained that the Land Use Plan shows this area to be Regional Retail. Additionally, she reported that when Council was considering the present Comprehensive Plan, they specifically directed that the land along the frontage road should be reflected as Regional Retail and the C -1 zoning proposed is consistent with this plan. Ms. Jimmerson also pointed out that the subject property was part of the same parent tract as the Harley Subdivision, which was rezoned in 1998 to C -1. She added that the Planning and Zoning Commission recommended approval of the C -1 zoning to City Council on July 19, 2001, which was denied without prejudice. City Council then asked the Commission to report back to them on the possibility of a C -B zoning for this property. Commissioner Kaiser asked the distance of the nightclub from the subject property. Ms. Jimmerson estimated that there was over 1,000 feet between the two. Commissioner Kaiser also asked if the Land Use Plan depicts all the property along this strip as being commercial. Ms. Jimmerson stated that a Small Area Plan is being created for this area and when it is adopted, the Land Use Plan will be amended, if necessary, for this area. Commission Happ asked how the end lots in this area will be affected if a Baron Road overpass develops. Ms. Jimmerson stated that TXDOT has ranked this overpass as #19 on their priority list. The City is working to improve the interchange's ranking, but at this time it is not yet designed, so it can not be predicted how it will affect the nearby property. Commissioner Kaiser asked if the planning approach should be to rezone the subject property to the most intense district rather than one of the less intense districts, since we do not know how the area will develop. Ms. Jimmerson stated that the Land Use Plan is the City's plan for how the area will develop. She explained that there are two options for the development of this property. The property can develop as it is currently zoned, or the property can be rezoned. The City's major tool for implementing the Land Use Plan is by rezoning property and thereby bringing it into compliance with the Land Use Plan. C -1 and the less intense commercial districts, C -3 and C -B, would be in compliance with the Land Use Plan. Commissioner Kaiser questioned the viability of placing a more intense commercial zoning district that is surrounded on the north and south with less intense commercial zoning districts. Ms. Jimmerson stated that the Land Use Plan shows the area as Retail Regional. To implement the Land Use Plan for this area, it would appropriate to rezone the property to C -1 or one of the less intense commercial districts. If the Commission believes that the current Land Use Plan is not an accurate depiction of the City's vision for the area, then that issue can be addressed through the small area plan that staff is working on for this area. P &Z Minutes September 6, 2001 Page 4 of 7 Commissioner Williams asked what the size restrictions were for a restaurant in a C -3 zoning district. She reported that C -3 allows a restaurant at a maximum of 1500 square feet without a drive - through. Commissioner Happ opened the public hearing. Veronica Morgan, 511 University Drive, spoke in favor of the item and encouraged the Commission to allow the Land Use Plan to control the zoning to bring all property into compliance. She also stated that the adjacent C-3 commercial property was rezoned at a time when the utility infrastructure was not yet able to support more intense development. That is no longer the case. Commissioner Kaiser pointed out that C -3 and C -B would be consistent with the Land Use Plan. Ms. Morgan stated that the current C -3 properties would have been C -1 had the infrastructure been in place at the time. Commissioner Happ closed the public hearing. Commissioner Hawthorne motioned for approval, which was seconded by Commissioner McMath. The motion failed 3 -3 with Commissioners Kaiser, Trapani, and Happ voting in opposition. Commissioner Kaiser motioned to rezone to C -3. Commissioner Williams seconded the motion. The motion failed 3 -3 with Commissioners Hawthorne, McMath, and Happ voting in opposition. Commissioner Williams motioned to rezone to C -1 or one of the less intense zoning categories of C -3 or C -B. Commissioner Kaiser seconded the motion. The motion failed 2 -4 with Commissioners Hawthorne, McMath, Kaiser, and Trapani voting in opposition. AGENDA ITEM NO. 10: Public hearing, discussion, and possible action on a Conditional Use Permit for A &M United Methodist Church located at 300 College Main. (01 -173) Staff Planner Reeves presented the Staff Report. She stated that Staff recommends approval with the conditions recommended by the Northgate Review Board (NRB) as follows: (1) that the applicant plant vines on the wrought iron part of the fence, (2) that the proposed tow -away signs be allowed to have a 6" border on top with the Church identification, and 2" border on the sides. Ms. Reeves explained that the proposal is to improve and expand the existing parking lot facilities by replacing the existing gravel parking area with asphalt. She reported that Staff worked extensively with the applicant in regards to issues relating to the driveway access, buffering and adjacent use, and signage. With respect to the Driveway Ordinance, full compliance is not possible. However, the ordinances give the City Engineer, or his designee, the authority to approve variances if engineering's judgement determines that the specific traffic conditions warrant it. The City's Transportation Planner has looked at the driveway access and determined that the proposed plan of only three entrances is a significant improvement and the best possible configuration when compared to the current and already existing six entrances for the parking lot. The applicant, with their proposal of a three -foot brick and wrought -iron fence around the perimeter of the parking lot, has addressed the buffering issue. They also propose to plant a vine on the wrought P &Z Minutes September 6, 2001 Page 5 of 7 iron section of the fence to help with the screening between the parking lot and the multi - family building that abuts it. The owner of the abutting property is satisfied with this proposal. Additionally, Ms. Reeves pointed out that there are currently eleven no parking /towing signs in the parking lot. The applicant is proposing only three, one placed at each of the three entrances. The signs with a six -inch border at the top and a two -inch border on each side was approved by the NRB since this would eliminate eight of the existing eleven signs. Commissioner Happ opened the public hearing. Veronica Morgan, Morgan & Mitchell, explained that there will be more parking spaces available than previously, because it will be a more managed and because the location of the old Church of Christ Building will now become added parking spaces. The boundaries of the property are not being expanded. The access locations are a great improvement as well. Commissioner Happ closed the public hearing. Commissioner Hawthorne motioned to approve with the recommendations of the NRB. Commissioner Kaiser seconded the motion. The motion carried 5 -0. AGENDA ITEM NO. 11: Public hearing, discussion, and possible action on a rezoning of approximately 6.07 acres located at 1267 Harvey Mitchell Parkway South from R -1 Single Family Residential to R -4 Low Density Apartments. (01 -179) Staff Planner Jimmerson presented the Staff Report. Ms. Jimmerson opened by stating that Staff recommends approval of the rezoning to R -4. She explained that the applicant is requesting this rezoning in order to prepare the property to develop condominiums. Under the R -4 zoning that is requested, a range of residential projects could be developed, including low density apartments at 16 dwelling units per acres, townhomes, duplexes and single family. Ms. Jimmerson pointed out that the Land Use Plan shows the subject tract and the surrounding area as Single Family Residential - High Density, which is associated with a density of 7 -9 dwelling units per acre. However, the development trend for this area has been to infill in the form of apartment complexes. She reported that the surrounding properties are zoned as PDD -H, R -5 and are developed as apartment complexes. Additionally, Ms. Jimmerson stated that the proposed property is not in compliance with the Land Use Plan, but it is in compliance with the development pattern for this area and with the recent City Council actions. She added that the infrastructure is in place to support the proposed development. Also, Ms. Jimmerson explained that Harvey Mitchell Parkway is classified as a freeway /expressway on the Thoroughfare Plan and that access to these roadways should be limited to controlled access points. However, Ms. Jimmerson continued by stating that this property does not have access from any other roadway and therefore one access point will be permitted since the proposed R -4, Low Density Apartment zoning district is a low traffic generator and should not deteriorate the function of Harvey Mitchell Parkway. Given the conditions on this property, Ms. Jimmerson stated that Staff is prepared to use it's authority provided to them in the Driveway Ordinance and Subdivision Regulations to require the safest possible entrance /access point into this property. The difference between R -4 and R -5 zoning districts was discussed as well as the difference in elevation between the property and Harvey Mitchell Parkway. There was some concern expressed regarding the access point on Harvey Mitchell Parkway. P &Z Minutes September 6, 2001 Page 6 of 7 Veronica Morgan, Mitchell & Morgan, stated that she concurs with staff and their report. Drainage features and access points and site distance concerns were discussed. Fain McDougal, Real Estate Representative, stated that the property is limited in its ingress /egress options. He added that this proposal is an appropriate use for the property and that it is compatible with the area. He encouraged the Commission to vote in favor of this project. Todd Sullivan, applicant, also encouraged the Commission to vote in favor of this project and stated that the best possible solution to the ingress /egress concerns for this development will be a priority. Commissioner Happ closed the public hearing. Commissioner Hawthorne motioned for approval. Commissioner Trapani seconded the motion. The motion carried, 4 -1 with Commissioner Kaiser voting in opposition. AGENDA ITEM NO. 12: Public hearing, discussion, and possible action on an amendment to the Wolf Pen Creek Ordinance pertaining to the dedication, development requests, and minim reservation area. (01 -135) City Planner Kee presented the staff report. She explained that the original ordinance was adopted in 1988. The ordinance that is currently being used was adopted in 1989. It defines a minimum reservation area which is the area where trails are to be developed on either side of the floodway. The developer is given an option to either dedicate the property to the City or build the trials and dedicate the property at a later time. In 1998 a revised plan was adopted. This revised plan created an oversight committee, which was responsible for implementing the plan. One of the recommendations from this committee is to amend Section D of the zoning ordinance in order to better define where the areas for trail development would be for the lower reach of the creek. Commissioner Happ opened the public hearing. Commissioner Happ closed the public hearing. Commissioner Williams motioned to approve the amendment, which was seconded by Commissioner Trapani. The motion carried 5 -0. APPROVED: Chairman, Rick Floyd ATTEST: Staff Assistant, Susan Hazlett P &Z Minutes September 6, 2001 Page 7 of 7