Burger King responsive to resident concerns
The Navasota Planning and Zoning Commission (P&Z) held a Regular meeting Thursday, Sept. 5, and approved the preliminary site plan for the Burger King to be constructed at 1605 E. Washington and received additional public comments regarding deed restrictions in the Jones Addition.
Deed restriction revisited
in public comments
Revisiting his previous comments about deed restrictions in the Jones Addition, Ivy Street resident Gary Newton asked if P&Z considered deed restrictions before changing zoning in residential neighborhoods. Elizabeth Bascom who lives at the same address asked if the City of Navasota or Kolkhorst representatives had “the list” of resident signatures obtained by the Shive heirs in order to change the deed restrictions for the Burger King property.
City legal counsel Carey Bovey said that deed restrictions and zoning are two different matters and reiterated the city’s inability to enforce deed restrictions.
He said, “I will tell you that the city has no authority, whether it’s the Planning and Zoning Commission, whether it’s the city council, Lupe or code enforcement, we just don’t have the ability to enforce deed restrictions. Anything along those lines would be a matter between the parties.”
Presented the opportunity to comment, developer Jim Kolkhorst said, “That deed restriction was a concern when we were approached about buying that piece of property. The Shives investigated and the title company wouldn’t issue a title policy without that restriction being addressed. They gave them the parameters of what they needed to do in order to satisfy the deed restrictions, which is go to the property owners in that neighborhood and get them to sign a notarized statement saying they didn’t have a problem with what was going to be done there. They did that and it took about two months. I can assure you the Shive family went through the proper process in order to get that done because they couldn’t have gotten title insurance on the property without having it done, and they did.”
Site plan amended
Commissioners approved the revised preliminary Burger King site plan presented by developer Jim Kolkhorst.
Kolkhorst said, “I heard numerous concerns about various aspects of the development so during the planning process we tried to address as many of those concerns as to how we set the facility up.”
Kolkhorst advised that the width of the one-way drive was doubled to 24 feet and will allow for side parking and traffic flow which should satisfy concerns about cattle trailers and off-street parking.
Right turns on N. Post Oak will be discouraged by the use of “very directionalized and identified arrows on the pavement” as well as ‘no right turn, left turn only’ signage.
The privacy concerns of Burger King’s closest neighbor, Justin Meyers, are being addressed by the addition of an 8-foot privacy fence. Kolkhorst felt that with the fencing, the retention pond and the distance from the drive-thru speaker, “noise reduction will be significant compared to having it right along that property line.”
Another change that met favorably with commissioners was Kolkhorst’s decision to install a 12-foot brick monument sign instead of the 25-foot sign.
He said, “It will be a very nice sign and significantly lower than what we initially got approved.”
Kolkhorst answered commissioners’ questions about landscaping, sidewalks, exits and lighting saying the trees along the back of the property will stay, and with additional landscaping, will create more buffer sound barriers.
While a park-like setting is favored for the retention pond, Kolkhorst said, “I don’t think we can plant trees in there because it’s a retention pond and we’ve got to make sure we are able to maintain the volume of water that’s supposed to go in there in the future.”
For safety reasons, it will be enclosed within a black metal fence and the privacy fence.
Addressing entrances and exits, Kolkhorst said, “For emergency management, both fire and EMS, having only one exit on Washington Avenue is really a hazard. They want to have the ability to get on the property so that Post Oak exit helps in that regard.”
Meyers addressed P&Z and expressed his belief that the deed restrictions had been handled appropriately, and while he originally opposed the project, he was appreciative of the site plan changes and thinks the retention pond will alleviate N. Post Oak’s flooding problem. His current concern is the addition of two manholes in the easement of his property and his request for the city to relocate them to the street is under consideration.
Before adjourning, commissioners approved the Minutes of the Aug. 22 meeting.
Commissioners present were Dia Copeland, James Harris, Carolyn Katkoski, Chairman Randy Peters, Patty Tokoly and Dr. John Walla.
Representing the City of Navasota were Community Development Director Lupe Diosdado, city council liaison Josh Fultz and city legal counsel, Carey Bovey.
P&Z meets the second and fourth Thursday at 6 p.m. in city council chambers at 200 E. McAlpine Street. The schedule for city council, board and commission meetings is available at www.navasotatx.gov/events.