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ti-.(CITYOF COLLEGE STATION
~~......... . PLANNING DIVISION
..... ... . .... Post Office Box 9960 1101 Texas Avenue
College, Station, Texa,s 77842-0960
August' 18, 1988 (409) 764-3-570'
MEMORANDUM
TO:
FROM:
RE:
Planning & Zoning CO,mmission
JaneR. Kee, Senior Planner
SUFFICIENT OWNERSHIP, INTEREST FOR PARKING PURPOSES
(SECTION -9 .2 '.B.. ) .
Section 9.2.B of the Zoning ordinance reads as follows:
"For any new use , building a,r structure where th~ required
off-street parking cannot be provided ,on the prernis~s because of
the size or location of the lot or 'building pI'ot, such parking
may be provided on other property under the same ownership
whether in fee simple or a lesser ownership' inte'rest,not,
more than two hundred (200) feet distant from the building
site provided th~ proposedparkingar~aislocatedina
district where parking lots 'are 'permitted for that use."
The ordinance was amended to include "lesser ownership interest"
in March, 1986. The staff has' never established a,specific
policy that 'defines a lessor 'ownership interest . Recerit'ly the
Zoning Board of Adjustment considered' the question as a matter of
interpretation.
The problem arose when someone proposed off-site parking on
property where he.hada 3 year lease. The ZBAfeltthat a
lease is not a suff,icient ownership interest' to meet the intent
of the ordinance. The City Attorney then brought up some of the
different kinds of ownership interests' that exist; ,easements,
easements with time limits, partial ownership of mineral rights,
etc. This made us realize that it might be 'better for the
Commission, on a case by case' basis, .to determine when parking is
being supplied in an appropriate manner. If this is done it will
require an ordinance amendment.
In considering each case, important items would be:
(1) sorneanlountof guarantee that' parking will be, available
for the life of the building/business (Aneasernent with a ,time
limit rnig,ht be sufficient in the case of a temporary buisness but
not in the case ofa large office building.)
(2) the percent of required parking be,fng provided off-site.
We would like input from the Cornrnissii;on relative to this issue.
If necessary staff will br ing an amen'ament to the Commission at
a later date. '
AGENDA
CITY OF COLLEGE STATION, TEXAS
Planning <and Zoning Commission
Annual Tour
October 21, 1988
1:00 P.M.
1. Tour of City-owned faci'litresl!
".
RESULTS OF TELEPHONE SURVEY RE:OFF-PREMISE PARKING
/ JCITY OF AMARILLO
~f-premise parking is allowed.
v<>~ adjacent lots w/common boundary of at least 1/2 of use lot;
street or alley can separate.
~ust be under same ownership (policy only). Exceptions from the
past allowed private leases which ran with the property of the
use. City Attorney will not allow anymore.
/
VCITYOF TEMPLE
First statement was that off-premise parking is not allowed for
new business or new construction, exception being old, non-
conforming uses.
After additional questions, it was ascertained that off-premise
parking is allowed within 150 feet or on an immediately adjacent
lot.
Ownership o. r lease ag.:~~eJBent which permanent ly commits the land
to the use; as close~(jJ ownership or permanent lease as possible;
any changes .,.. in terms of the lease review.ed by Ci ty Attorney;
Example given: open e.nded 5 year lease with option of the
person/bus.iness needing 'parking.!
Anything other than ownership discouraged because of enforcement
problems.
CITY OF LONGVIEW
Off premise parking is allowed in same zoning district, or
district which allows parking lots.
Distance - within 300 feet (measured by shortest distance)
Ownership required for any new construction. Exceptions are when
required parking met on-site but business wants additional
parking or when a restaurant exists but proprietor wants
additional seating; then long term lease for specific use allowed
on adjoining lot.
Statement made' that they never had a situation where new
construction was allowed on a lot which could not handle the
required parking.
CITY OF SAN ANTONIO (512)299-7860
z ~c1ed)
.,
TELEPHQNESURV,EY RE : OFF-PREMISE PARKING
CITY OF AMARILLO
Off-premise parking is allowed.
."On-sd-jac e nt,,,p-.l-O-t~s.-Wjcommon. ,bOUD d 8.ry :o.f,:-Eit",l e as t,~,l/2,-...o.f- use 1.0 t ;
street or alley can separate.
Must beun.der same ownership (pol-icy only). Except.ions from the
past allowed private leases 'which ran with the prope:rty of the
use. City Attorney.will no-t,allow.an.ymore.
CITY'OFTEMPLE
First statement. was that off-premise parking is not allowed for
new business 'or new construction,exceptionbeingold,non- - .,.-
conforming uses.
After additional questions, it was ascertained that off-premise
parking isallowedwithinl5-0 feet or on an immediately adjacent
lot.
-own, 'er, S,.,',.h."'.,.,..l....,,,..,.., p,.," ...",.""..0.,....., r,..,....."..,. ,..,.l.,..,.."..,..,e...".,. a....", ". s,'..,',.,e,..,.,.'......,.."....,a.",..g.....~,,":r;. .,.~e,,'. ".e., m, .,:e.D,' .',t". Wh".".., '.i"C,.,,' h.,',.,"p, e, '"r.m,' ,,8., ne., D. t.. .'.,1.,., Y, ,co.,m. m, its the land
to theuse;asclose~lJownershiporp,ermanentleas eas possi b 1 e;
any changes in .'termsoftheleasereviewedbyCi ty At torney;
Example given: open ended 5 year lease withoptioDOf the
pers.on/business "needing parking!
Anything other _than ownershipdiscoura.gedbecause\ofenforcement
problems.
CITY OF. L,ONGVIEW
Ofr p'remlse parking is allowed in same z,oning district, or
district which 'allows parking "lots..
Distance - within 300 feet (measured by shortest distance)
Ownershiprequi.redforanynewconstruction. Exceptions are when
required parking met on-site but business. wants additional
parking or when areSit.aurantexistsbut proprietor wants
additionalseatlng; then long term lease for specific use allowed
on adjoining lot.
S.tatement made that they never had a situation where new
construction was allowed on a lot which could nothand1e the
required parking.
CITY OF SAN ANTONIO (512)299-7860
aibcld)
Line busy at 4:15 p.m.; n'oanswerat4 :30p. m.
CITY OF DENTON (811 )566-8350 (Pa atloc.tcP)
Had to check ordinance; never called back with information
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CITYOFCOLLEG.E STATION
I? O. BOX 9960 1101 TEXAS AVENUE
COLLEGE STATION, TEXAS 77842-0960
(409)764 - 3500
September 22, 1988
MEMORANDUM
TO:
Planning & Zoning Commission
FROM:
Jane R. Kee, Senior Planner
RE:
Ordinance amendment regarding ow,nership interest
necessary for parking to be provided off-premise
As you will recall' from previous. discussion"the zoning ordinance
provides that an. applicant may provide parking for a business on
property other than that on which the business is located, if the
other property is o.wned by the appl icant in fee simple or some
lesser ownership interest.
This proposed amendment removes the phrase lesser ownership
interest from section9.2.B'ofthezoning ordinance and provides
for the Commission.toreview any case whereparkinqis being
proposed off-premise and an applicant does not ,own the property
in fee simple.
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