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HomeMy WebLinkAbout09/15/2005 - Minutes - Planning & Zoning Commission'.MINUTES Regular Meeting Planning and Zoning Commission Thursday, September 15, 2005, at 7:00 p.m. Council.Chambers, College Station City Hall 1101 Texas Avenue College Station, Texas CI"I'Y OF COLI,L,GF, STATION Pla~xirto v Deuelo~~;»ent J<; nicer COMMISSIONERS PRESENT: Chairman Scott Shafer, Commissioners Ken Reynolds, John Nichols, Bill Davis and Harold Strong. COMMISSIONERS ABSENT: Commissioners Dennis Christiansen and Marsha Sanford... CITY COUNCIL MEMBERS PRESENT: None. PLANNING & DEVELOPMENT SERVICES STAFF PRESENT: Staff Planner Lindsay _ Boyer, Molly Hitchcock, and Jennifer Reeves, ,Senior Assistant City Engineer Alan Gibbs, ~~ Graduate Civil Engineers .Carol Cotter and Josh Norton, Transportation Planner Ken Fogle, ~ Director Joey.Dunn, Assistant birector Lance Simms, Planning Intern Crissy Hartl and Staff Assistant Lisa Lindgren. OTHER CITY STAFF PRESENT: Assistant City Attorney. Roxanne Nemcik and .Action Center Representative Brian Cooke. The meeting was called to order at 7:05 p.m. 1. Hear Visitors. No visitors spoke. 2. Consent Agenda. 2.1 .Presentation, discussion, and possible action on a Final. Plat for Spring Creek Townhornes Phase 1B and Spring Creek Gardens Phase 2, consisting of 21 lots on 3.858 acres generally located at the intersections of Spring Garden Drive and Heath Drive with Whispering Creek Drive. Case #05-142 (MH/J1v) 2.2 Presentation, discussion, .and' possible action on a Final. Plat for the. Richards Subdivision/Hampton Estates consisting of 8 lots on 0.97 acres generally located on ~, Sterling Street.. Case #05-145 (LS/CC) P&Z Minutes Regular Agenda September 15,2005 Page 1 of 6 __ 2.3 Presentation, discussion, and possible action on a request for a Preliminary Plat for Dove Crossing Subdivision, consisting of 107.759 acres, generally located along the south side of Graham Road, across from the intersection of Graham Road and Schaffer Road. Case #05-135 (LS/CC) 2.4 Presentation, discussion, and possible ..action on a Final Plat for Dove Crossing, Phase 1A, consisting of 47 lots on 9.618 acres generally located along the south side of Graham Road, across. from the intersection of Graham Road and Schaffer Road. Case #05-136 (LS/CC) 2.5 Presentation, discussion,. and possible action on a Final Plat for. Dove Crossing, Phase 1B; consisting of 41 lots on 8.451 .acres generally located along the south side of Graham Road, across from the intersection of Graham Road and Schaffer Road. Case #OS-137 (LS/CC) 2.6 Presentation, discussion, and possible action on a Final Plat for Dove Crossing, Phase 1C, consisting.of 31 lots on 7.625 acres generally located along the south side of Graham Road, across. from the intersection of Graham Road and Schaffer Road. Case #05-138 (LS/CC) 2.7 Discussion and possible action on: Minutes -September 1, 2005., Regular Meeting '~, Commissioner Davis motioned to approve the consent agenda. ~ Commissioner Reynolds seconded the motion, motion passed (5-0). Regular Agenda. 3. .Consideration, discussion and possible action on request(s) for absence from meetings. Scott Shafer.-.September 1, 2005, Workshop. & Regular Meeting Commissioner Nichols motioned to approve the absence. request.. Commissioner seconded the motion, motion passed (4-0). Chairman Shafer abstained from the vote. 4. Consideration, discussion, and possible action on items removed from the Consent Agenda by Commission action. No items were removed fY0YI1 the Consent Agenda. 5. Presentation, discussion, and possible action on a revised Master Development Plan for the Williams Creek Subdivision consisting of 642.51`. acres generally located at the south-east corner of Greens Prairie Road East and Rock Prairie Road. Case #05-47 (JR/CC) Jennifer Reeves, Staff Planner, presented the Master Development Plan and recommended approval as submitted. This item was approved in May 2004 and has. been resubmitted in order to show revisions regarding additional residential acreage that was previously shown as part of the large reserve tract. The .Master Plan is in compliance with the Land Use .Plan. P&Z Minutes Regular Agenda September 15, 2005 Page 2 of 6 The Parks and Recreation Advisory Board has recommended fee. in lieu of land dedication. ~ There have been no phone calls received in reference to the project. ,, Commissioner Nichols motioned for approval of the Master Development Plan. Commissioner Davis seconded the motion, motion passed (5-0). 6. Public hearing, presentation, discussion, and possible action on the expansion of an existing Conditional Use Permit fora Night Club, located in Suite D at 2551 Texas. Avenue South in the Homestead Place Shopping Center.. Case #05-134 (LB) Lindsay BoyeY, Staff .Planner, presented the 'item stating it was for the expansion of an existing nightclub. Ms. Boyer stated that the original Conditional Use Permit was recommended for approval. by this Commission on April 19, 2005, and approved by the City Council on May 12, 2005. The proposed expansion would allow for a fenced outdoor eating area on two patios in front of the lease space.. To date there have been no responses to any of the notifications for the item. Commissioner Strong asked for the hours of operation. Ms. Boyer stated that the hours of operation are'ftom 1 T:00 a.m. to 11:00 p.m. and 11:00 a.m. to 1:00 a.m. on the weekends. Ms. Boyer stated that the .other businesses. in the shopping center have generally regular business hours. Commissioner Nichols asked. if the sidewalk served. any other businesses in the area. Commissioner Davis asked if alcohol beverages would be able to be served in the fenced in ~J area, and if there would be waitress service out to the patio area. Ms. Boyer stated that the. applicant could answer both of those questions. Mark. Sweden, Applicant, 3815 Stone Creek, College Station, Texas.. Mr. Sweden answered questions of the Commission. Commissioner Davis asked for clarification regarding how the alcoholic beverages would be served out on the patio. area. Mr. Sweden stated that an employee of the establishment would... be delivering the food and drinks from inside the establishment to outside the establishment and that patrons would not be taking food or drinks from inside to outside. Commissioner Reynolds motioned to .approve the item. Commissioner Strong seconded the. motion, motion passed (4-1). Commissioners in favor of the motion: Ken Reynolds, Scott Shafer, Harold Strong and John Nichols. Commissioners in opposition: Bill Davis. 7. Public hearing, presentation, discussion, and: possible action on a Rezoning from A-O Agricultural Open to R-1 Single .Family for Fojtik (Rez) consisting of .approximately 45- acres of the Fojtik tract, generally located off of North Forest Parkway to the: north, and just east of Earl Rudder Freeway .Case #05-139 (JR) Chairman Shafer stated that item 7 and item 8 would be handled in conjunction at this meeting. Chairman Shafer stated that a comment was made earlier about the notion of tabling the item. The reason fore this` was because the Parks and Recreation Advisory Board had not completed a review of the Master Plan .and making any final determinations on what would happen in terms of parkland dedication. P&Z Minutes Regular Agenda. September 15, 2005 Page 3 of 6 Commissioner Shafer stated that the Commission was not able to make a decision on ~ item 8, but that the Commission would like to hear about items 7 and 8 together. Jennifer Reeves, Staff Planner, recommended approval of the rezoning request from A-0, Agricultural Open to R-1,:Single-Family Resdential..She stated the change to R-1, Single- Family Residential is in compliance with the: Land Use Plan. Ms. Reeves stated that the Commissioners were given a copy of all the e-mails .regarding the Fotjik tract, and there were three or four that were specifically in opposition of the rezoning request. Ken Fogle, Transportation Planner, gave a presentation regarding access in the area. Mr. Fogle stated that Raintree was planned, .and .had always :.been planned, to have multiple access into it. In 1.997 the Thoroughfare Plan was amended with the full Comprehensive Plan update, and at that time. Appomattox was removed and the extension. of Raintree was added back. Mr. Fogle stated that safety and efficiency are two of the main reasons to allow multiple accesses in this area..: Larry Claborn, 8303 Wildwood Circle, College Station, Texas. Mr. Claborn stated that he is in favor of the project but that his concern was with the sewer treatment plan and would like for someone to check on it and make sure it can handle the capacity before continuing with any expansion.- Janice_ McBride, Ella Colvin and Cindy Dillard spoke in opposition to the rezoning, Master Development Plan and Thoroughfare Plan.: They voices concerns.. about the possible environmental impact and. reclaiming the land.. They also. stated that currently .the `~~''`, neighborhood is a quiet and safe neighborhood with a low crime rate. They felt that if the item was approved it would increase the crime rate in the area due to multiple accesses and it would not be as safe for their children to play in the parks or ride their bikes. Ms. Dillard also handed out. a copy of a petition. signed by residents against the Thoroughfare Plan and flyers handed out in the neighborhood. for this project. Steve-Arden, Developer, 311 Cecelia Loop,. College Station, Texas. Mr. Arden gave. a short presentation regarding the project and. the concerns of the residents. Mr. Arden stated that it was his intent to bring both the rezoning and masteY plan to the.Commission at the same time. but that unfortunately it did not work out that way.. Mr. Arden stated that he is .asking for the support of the Commission in making a ruling on-the rezoning. and. not wait until the Master Plan comes back to the Commission• Commissioner Nichols asked if Mr. Arden would address the questions regarding the old oil well pad and the sewer capacity. Mr. Arden stated that the old oil well pad had been inspected and a phase 1 environmental study had. been completed and the cleanup was supervised by the Railroad Commission and it .proves to be clean.. Mr. Arden stated that there .are a couple of .old. gas line stubs that remain, but that. they will be taken out because they are.. no longer in use. Mr. Arden also stated that he would let Mr. McClure address the sewer issue. Mike McClure, 9262. Brookwater Circle, College .Station, Texas. Mr. McClure. stated that he '~ would defer this question to city staff, but that it was. his. understanding that the capacity was there and if there was a problem with the odor it is an operational issue. P&Z Minutes Regular Agenda September 15, 2005 Page 4 of 6 Alan Gibbs, Senior Assistant City Engineer stated that the capacity of the plant was more than adequate fora plant of its size. Mr. Gibbs stated that any complaints are an operational issue. Commissioner Davis motioned to table ..the rezoning until additional information could be obtained and that the Rezoning, Thoroughfare Plan.. and Mater Plan can be heard at the same time. 'Commissioner Strong seconded. the motion, motion passed (4-1). Commissioners .Scott Shafer, Bill Davis, John Nichols and Harold Strong were in favor of the motion. Commissioner Ken. Reynolds opposed the motion. Steve Arden requested clarification from Roxanne Nemcik, Assistant City Attorney, regarding the legality of tabling the rezoning since. it' did meet all requirements. Roxanne Nemcik, Assistant City Attorney, stated that a zoning is discretionary and that the Commission. can. decide to table the zoning, deny the zoning or grant the zoning. Ms. Nemcik stated .that there is nothing that requires the Commission to approve the rezoning, that the Commission can grant, deny or table a rezoning to a future date. The Mater. Plan. is part of the platting process and that in the Unified Development Ordinance it states that the zoning should be in accordnance with. the Comprehensive Plan and it will not be allowed to plat unless the zoning is in accordinance with the plat. 8. Presentation, consideration. and possible action on a Master. Development Plan for the Fojtik tract consisting of 47.7 acres generally located at off of North Forest Parkway to the north, and just east of Earl Rudder Freeway. Case #05-140 (JR/JN) Jennifer Reeves, Staff Planner, presented the Master Development Plan. The plan proposes Single Fanvly medium density.: Staff supported the Master Development Plan with the condition that a Comprehensive Plan Amendment be approved. for the extension of Appomattox before anyportion of the street. is reflectedon future preliminary or final plats. Ms. Reeves also stated that there would need to be a variance of the maximum 1200-foot block length requirement at the preluninary plat stage. The Land Use that is being proposed is in compliance with the City of College Station Land Use Plan. Staff does support this ..plan .but cannot recommend approval until .this has been considered by the Parks and recreation Advisory Board. Commissioner Nichols motioned to .table the Master Development Plan. Commissioner Davis seconded the motion, motion passed (5-0). 9. Public hearing, presentation, discussion, and possible action on a rezoning from C-2 Commercial Industrial to C-1 General Commercial for the Block 1, Lot 2 of the High. Ridge Subdivision,. consisting of 1 lot on 8.14 acres generally located on the east side of Earl Rudder Freeway between University Drive and SH 30, adjacent to and north of the Varsity Ford Dealership. Case #05-141(LB) Lindsay Boyer, Staff Planner, presented the rezoning report and recommended approval. Ms. Boyer stated that the lot was in compliance with the Subdivision Regulations. Natalie Ruiz, IPS Group, Consultant, College Station, Texas. Ms. Ruiz stated that Lindsay had .covered everything regarding the item and that she would be glad to answer any additional questions. P&Z Minutes Regular Agenda September'15, 2005 Pages of 6 ~ Sherri Ellison, 2705 Brookway Drive, College Station, Texas. Ms. Ellison spoke in favor of the rezoning but stated she did have concerns regarding the dedication of the floodplain as greenways; she stated that she would like to see that it remain strictly floodplain. Commissioner Nichols motioned for approval of the rezoning from C-2, Commercial Industrial to C-1, General Commercial. Commissioner Strong seconded the motion, motion passed (5-0). 10. Discussion. and possible action on future agenda items - A Planning and Zoning Member may. inquire about a subject for which. notice has not. been given. A statement of specific factual information or the recitation of existing policy may be .given. Any deliberation shall be limited to a proposal to place the subject on an agenda for a subsequent meeting. None. 11. Adjourn. Commissioner Davis motioned. to adjourn. Commissioner Nichols seconded the motion, motion passed (5-0). Approved: i .Scott Shafer, .Chairman Planning. and, Zoning Commission Attest Lisa Lindgren;.. Staff Assist Planning and Development. Services P&Z Minutes Regular Agenda September 15,.2005 Page 6 of 6