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HomeMy WebLinkAboutMinutesp~A FT P&Z Minutes -meeting af' 8=-17--$9 TEM NO. 3: 89--806: A-public hearieg on the question of AQBNDA I a~endin Ordnance.Na. 1638:, the Zoning Ordinance for thee.City of Golfe a Station, by creating the t~PC-'~o1f Pen Corridor District ~' 1?81 adopted- bq cwerin:~ an area as described by Ordinance Ko. 't Council an 12-8-88 designating the Wolf Pen Greek~Carridor. Ci y Kee brefl reviewed the progosed_draftordinance....She read the.:Purpose Mrs. ~ statement the list-of permitted uses, and painted out that there are actually 2 '~ sate`aries of uses those permitted and and other use which will be considered: as a i ~ ~ 'tional Use Permit. She described the steps and bodies involved in the review Conde recess aiming out that while the "Project Review Gotmnittee" currentl~r reviews. all P ~F ~~ osed site fans in an 2onin~ district, a newly created-body called the "Design prop } P . Y dot ion of ro asses in this ~~ Rev~.ew Daard will be resgonslble .far .review and reco~mnen P P zoning district. '~ ained that the "DRB't .will. be made up of 1 registered architect, 1 Mrs. Kee then expl '' business-person, 1 person who is expert in aesthetic judgment, plus the regular .R.C. re r-esentatives making a total of 6 persons to.serve as voting members P ~ ' on the DRB. ~' tors and characteristics which will govern the DRB's She then-read a list of fat valuation of a deli submission. She pointed out that fallowing evaluation of the e deli thee.DRB will make a recommendation to the Planning & Zoning Com~issian, the bod to make the final decision. She went an to explain that any appeal to the P8~ ~ Y ~ decision: cane be made to the City Councle ` evewed the Re urements for.Dedicatian/Development of Drainage. .and'. Mrs Kee br~.ef ly r ~ • ~~ estrian Access Was and included the steps the developer can follow to reclaim Ped y the flood fringe. r entioned criteria which have been.: developed to establish a checklist Mrs.. Kee then m ~'' of the items considered to affect the environment, adding that .the criteria are not meant..to restrict imagination, but rather to assist in focusing on design principles. referred a li htin trash, uti ity service, relationship of buildings to She then g g~ site relationshi of buildings and site to adjoining area, building design, i ~ P landsca in ., sins, miscellaneous structures and street hardware, 'future maintenance i P ~ ! and. upkeep as specific elements which will be considered in the review of all ro`ects and ro owls for development in the wPC district. } P J P P I Mrs.... Kee then. explained that certain incentives have been developed which may be awarded to develo went which ,include: pedestrian access to the trail s~stem_and- P orient facades to the floadglan which are comparable in design and materials to the facade. She listed the reduction in number and size of islands, off..-site front Arkin allowance of same compact car-spaces, reduction..n the number of required 1 P ~ ~ ome of he incentives rouged under 'f Forking sgacesand,sharedparking ass g Standards", additional identification signs oriented toward the creek as an incentive under "5i s't and variable setbacks, _ use of canopy trees in p$rt of the ~ ~ flood lain toward required Tandscapn~ points and City-provided business- P identification signs in the dedicated park... area: as incentives grouped under f~ Incentives far Pro ert~ Dedication" . P ferred briefl to. the last section of the proposed ordinance which covers Mrs. Kee re y how fill materials must be placed or stored on site. a d~ ' ved at the meetin immediately following Mrs... Kee's review of the Mr. Michel arr b proposed ordinance. rs. Sawtelle Mr. Dresser and Mr. Gardner had worked with .staff to Mr. Colson, M revise the ordinance which was submitted at the meeting on 8--3-$9, and Mr. Colson es staff had made following the committee meeting. Mrs. Kee briefly asked...what chant ' that staff had included the guidelines used in Highland Park, Illinoi as ..explained .well as other char es directed by the committee follawin~ the meetings ofthe group -on $-4 8: $-8-$9 • F to list some s ecific changes-which had been made since the Mr . Esmond asked. Mrs . I~ee F ' --3-$9 ar~d Mrs. Kee stated that the list of permitted uses was ,made more ~ meeting on $ 'tera. ' restrictive and more eate~ories had .been included as development crl 1 Mr. Esmond asked what appeal profess is being groposed and Mrs. I~ee explained t at ' Reve~a .Board will make a reco~mnendation to the P&Z Commission, and any ~ the Desi~,m eats of the Commission's decisions will go to the City Council. 1 APP ~. ~ followin a brief review of this proposed Mr. Esmond. said ...that his impression ~ • it a earn to sa a lot, and ~-e in some areas it says nothing. He ord~.nance is tha PF ~, ~~ an exam le the ara~raph whack states that..plantmaterial shall be selected gave as P P ~, 'ts structure texture, and color and for its ultimate ~rawth...'f. for interest in i , He said that is not ver~r specific. ~~ ained that when .the Co~mnittee reviewed the original gropased Mrs:.. Sawtelle e.cpl • ' e .the decision was made to state a philosogh~,rather than specific rules and ~ orda.nanc , `ate develo went in the regulations for, landscaping, which the idea.. being to coorda.n p corridor. throw h architectural design and landscaping. Mr. Esmond stated that may be ' e Dint is that there will be a lot of differences of opinion between the .fine, but th p I' each individual member of the review board. Mr. Colson. said this has developers and n discussed before; and hopefully one Iands~apng-theme will be 'started .which can .bee he carried out throughout development in this corridor. I wh concrete channels-will. not be allowed in the, creek. and Mr. smith Mr. Esmond asked y {, that is included to-discourage acreek which.: is completely contained in repla.ed concrete with no een area, and added that some concrete will probably be used, but ~' the idea is to et away from a concrete channel which completely confines the ~ ~ flood lain and head toward preservation of some of the f loodplan and natural P ~ character of the wolf Fen Creek area. ' uch of this lan ale is taken directly from the approved Master Mr. Smith added that m ~ . Sawtelle e~ lamed that care has been taken: so-this ordinance is not in Plana Mrs P conflict with that approved plan. i was a erred. John 0. Greer, 50G E. Brookside,•Bryan; owner of The gublic hearing p 1900 Dartmouth woodstock Condos}, and treasurer of the Woodstock .Condos condo at ~ , , . '~ homeowners' group came forward and stated that while, theawners of ha.s project are ee somethin constructive being done in this area, the ordinance seems to ~~ ~aFPY to s ~ address onl undeveloped property, and his question is ...how an existing development Y would. be affected if painting were needed, or outside lights had to be replaced. Mrs, Kee re la.ed that while improvements to existing•developments have not. been P 'tial react-ion would be that she Design Review specfa.cally addressed to date, her a.na. d robabl want to-review any proposed changes. Mr. Greer said ..that the .Board woul p Y sub 'ect should be addressed, and he: would hope that gofld judgment is used. He ,} went on to sa that all.. existing fencing is not being replaced and he is looking y a W r ~r for direction. asked Mr.. Greer if he has any thoughts on what kind of language to use to Mr. Dresser the ro ect_s needs and at the same time to maintain. a balance_withwhatthe address F J ' is tr in to accomplish, and Mr. Greer replied hat he does not at thin time, Gity y g but the goals of the i~oodstock board and those of the City appear o be the same. caduces Place Galveston came forward and identified herself as Carol Greaney,..4313. , man er of the Waodbrook Condos, and pointed out the creek has already become a .the ag the affect her roject's problem, and if improvements or changes are made, how will y P ' lot. Mr. Smith replied there are many ways to address erosion problems, and parking ter. He ec lamed that one way which will be-used will be to try to slow down the wa P ' lake re laces a bend in the creek, there will be less erasion, and that, if a p combined with stabilization of the bank or edge ar shoreline, should improve .' Ms Greane asked what theee~ctra cost to the existing projects troublesome areas y Mr. Smith re lied that if all goes as planned, the erosion problems ~ would be and F I, would be solUed.:- a er came: forward and asked what plan is being followed and Mr. .Bart Munro,. 1901 L ~ and Master Smith replied the same plan included in the. Wolf Pen•Greek Corridor S udy ' raved b Council. Mr. Munro asked for a' definition of "flood Plan which has been. app y . . " - red to on a e 4 of the proposed ordinance, and Mr. Smith replied fringe as refer _P g ''flood' fain e" is defined in the Master Plane,. and basically, is the area in the that g . ould be reclaimable,-but i~ not the floodway. Mr. Munro said that flood pia n that w ' ears to be for both rivate and public development, and asked if the ordinance app P rules would actually be the same for bath entities. Staff replied that the same ~, the rules would agply to all development in this district. ' sand mechanisms must be addressed from a..developer's Mr. Munro asked. what time frame ' .Kee re lied that when tha ordinance is adopted by Council, it standpoint and.. Mrs P , ~ into affect 'ust as any other ordinance amendment to the Zoning Qrdinance, will go ~ . ublication. Mr. Munro asked how much time would be added. to the and. that is.after p , ' o'ect and Mrs. Kee replied that the only additional time rewired processing of a pr ~ ~~ wily be the Mme needed -for inclusion on PB;Z agendas and those actual .meetings, ' hick must o before the P.R.C. and then the P&Z require 20 adding that. other .items w g actual date of submission by the applicant and con ideration by the ..days .between Commission. ', o er deeds his, land Mr. Munro asked if the intent is to .favor or disfavor if a Bevel p Cit or not and .Mrs. Kee replied that incentives for dedication of the land to the y are included in the ordinance. '~ 4 1 Texas Avenue. came forward .and pointed out that on the ffirst pale .Richard Smith, _1 . of the ro used ordinance, it states it ~s the Council-s desire through. the ordinance ~ P P values in this Corridor but added that. he does. have. to enhance and preserve property ~ '~ uestions re ardin hog the Design Review Board will make aesthetic" judgments, some q ~ ~ t~ and what t e erson would be the member who is expert in aesthetic judgment". Mrs.. yP P said that erson could g~rhaps be someone a ready involved in a Sawtelle P ~ ram. or erha s even a landscape architect. Mr. Smith said that beautification prop P P rt's 'ud ent could became very important.-when the City is s riving for harmony, expe J ~ .s is the t e of ordinance.. which compatibility, etc. He asked if, In general, thi YP mi ht be Tanned far use in the future, and if them are other areas under the same g F type of controls. ,, 'ed that this s ecialzonn~ district is unlike any.. other existing Mrs.. Kee repli F ' t exec t erha s the North ate district .which was also created because of the d~.stric , P P P /~Jj/j/}/ G/ ~. a e unique nature of the area. ' eked if the ermitted usesare~the same as those allowed in C-1 districts Mr. Smith a p and Mrs. Kee replied that not ell'permtted uses in the C-1 district will be allowed ' 'strict but~b the same token, apartments. are not allowed in C-1 districts in this di , y and will be allowed in this district. She pointed out-that any use not included on the list of permitted uses can be considered by the Ca~mnssion as Conditional Uses.. with then referred to the bo tcm of pale 3' under: ''Requirements for Mr . S Dedication/Development of Drana~e.and Pedestrian Access Ways." and stated he is unsure of~the meanie of that lan~age. Mark Smith helped explain and then rather g eked if water is in the creek some of the ime or all. of the tine and Mark Smith a • been deli ed to .date, but the idea is that the es has e lak ~ replied that none of th ' xcavated rather than using dams-to create them, adding that.:. staff is lakes. will be e ''~ rocess of invest i at ing how much water ' wi 11 be needed to .keep the lakes ,alive ~ in the p ~ and. moving rather than'to,allow it to set. and become .;stagnant. erred to the second aragraph on page 4 which begins with "The ~ Mr. Smith then .ref P . ' d the minimum reservation line as defined,...shall ether be dedicated to floodway an ,, ~~ the Cit for drainage and public open space use or may be improved by the develo er...". He said it appears that: one of two things~~shall be done, and he F ~ o tion ofthe.Ct or the landowner. Mrs. Kee wonders if it will be done at the:......p _ y will be done at the option of the owner. Mr. Smith then asked if in replied. it Bence this would .,represent a le~a1 taking of lend, to which Assistant City Attorney es Banks. replied: that it would not. ',, he "minimum reservation" line is .and Mark Smith replied that it Mr. Smith asked that t ' boundar 24 €eet outside the boundary of the floodway, and is bet er defined is the y in the Master Plana Mr. smith asked if the map of the Wolf Pen Creek Corridor ' n the wall shows the floodway and Mark Smith replied that it is, and then Schematic o went to the schematic plan. and gointed it out. he schedulin of consideration ~f the ordinance and Mrs. Kee." Mr. Smith thenaskedt g ied that a worksho will be held by Council an 8-2~-89, the public hearing is ~ repl F •, at that date will scheduled.. before... the Council on 9-14-89, and if it is approved , became effective immediately following publication. Mr. Smith-asked how projects ' Buildin Fer~ts issued prior to thee, effective date of the ordinance which have had g ~~ will be affected and .Mrs .: Kee replied they will not be affected.... 'I! and a ain and stated he would appreciate seeing some type. of Mr. Greer came .forty g included that would grandfather in existing properties or buildings, and language . s ecfically referred to the requirement of this ordinance. far screening of dumpster P areas .with living plant materials, adding that is not the plan his project now has. came forward a ain and su~~ested inclusion of some type of language Mr. Munro g addressin mutual consent regarding channelization by the City and private owners, !~ g tic lan. He clarified by specifa.caJ.ly In an area he poa.nted out on the. schema p ' dinance statesthere can. be absolutely no channelizatian and he pointing out the or -had. questions regardingone specific location..... ' llawa came forward from the audience and stated that the intent C~.ty Planner .Jim Ca y this district ordinance is that there:.willnot be concrete lined channels, and in of / that the Masten. Plan some gross sections are included. He continued by explaining the ordinance is not'-meant to address one specific area of improvement, and the to restrict or revent $ certain kind of channelzation. He pointed reference was.. P I o utthat- there will be some realignment of the creek, and added that the wall map is h ~- I '7-S~' o~ b i , r W . ~~ _. "but onl that and. the specific designing has not yet been a Schematic Master ..Plan.. y , ' rmed ever one that the actuaY:design will probably begin within the done. He info y month and the results wi l be very similar ~to the 'Schematic Master Plan" next depicted, but may contain same deviations. •` continued discussion of the geoond paragraph on page 4 with. Mr. Smith and Mark Smith. ' n with the decision being reached that the anguage should be changed the Commissio , to read es follows. "At .the option of the developer, the floodway and the. minimum ' ~ine'shall either be dedicated to the City for drainage and public open reservation 1 ce use ar be im raved to conform with-the standards of the,Develapment Corridor spa P include...". Mrs. Banks stated a~ainthat requiring dedication ar which may onfarmance to certain'standards would not be a taking, and the ,requirement conforms. C to the reviously approved Tax Increment Financing distric . P • ut ac urin easements, areas which have already platted, Mr. smith then talked abo _q ~ , 'tional easements which may be required, ..and :asked how the City could ga and anyaddi ettin` easements. Mrs. Banks replied if the property owners want to develop a about ~ g and if the owner does not want. ~~ piece of property, the easement is usually dedicated., to take that direction, the City will have to buy the easement. tedthat. his whole, process is new to everyone,., and the Mr. Dresser then sta ' are not tr in to defend.. an ordinance, but rather are trying to Commission and staff 3~ ~ ' ntent of ~ the Wolf • rdrnance whichcarries out the i ing an o et input to help in develop+ l s ~I~ Pen Creek corridor and what it, should eventually become..... He added that thi ordinance is definitely a draft at this point. d a sin and said that it appears than: the plan makes good sense Mr. Munro came forwar ~ , 't and .the owners are still concerned about how property will be affected, to the Gi y, ' sit will be worked out and...wll enhance he City as a whale, adding that but he think erha s this is and the first step: in a 20 year project. P P j Mr. Smith came forward again and said he would .like to co~mnend the P8~Z far the time effort iven to the City, both past and present, and_he ~vould like them to know and ~ the area reciated by the people of the co~mnunty. He sand the idea of the ~ FP t of the wolf Pen Creek Corridor is very., progressive and has the potential developmen ' would add that: since it is a public/private. partnership, to be very. attractive, but ' fart caution should be taken to keep in mind Council's desire to that is a point of '~ and reserve ro erty values. He continued_by saying that he was ...pleased to enhance p P P e oal as stated in thee.. preamble of the ordinance and"if it is followed, it see th g ! should be the basis fore a pub'lie/priivate partnership. 'l ' hat he wonders why there seems to be such reluctance to help the Mr. Gardner said t ' ivin land which is nat now developable. Mr. Smith said he cannot speak for Gity by ~ ~ intent to work .toward other owners., but he personally has signed aletter of accam lishin the plan. He said the question lies in the final result -after P ~ • owner have less value or at least the same. value - or dedicata.on of the land w~.ll the slue as is the ur ace of this district. Nir. Gardner said that nobody .can mare v , P P b the rove now-.that the final result will be beautiful and great, ut pointed cut that P 't cannot do an thing without the property. Mr. Smith pointed outthat a good Ci y Y ' raiser. can take all factors into consideration which making his appraisal of the app. property. I of 1500 Rarve Road came forward and asked ,how the end Rla {;nameundiscernable) y , ' 'tined. Mrs. Kee went forward to the map on the wall and painted out ~ result is env~.si '` to ro ert which would be developed by private developers and explained the thepriva F P y ur ose of the ordinance is to encourage the developers to make their projects in P P _, ~~ ~ 8_ J 7, 89 r 0J accordance with the Master plan.. of this lan i that the Mall is arealfocal point,.. Mr. Gardner ....added ..that aconcept p and s oke of a walkway between this corridor and the Mall. P one else s oke.. The public hearing .was closed. No P • e of the second paragraph on Fie 4 and TheeComntissioners then.:.discussed the languag ld is ex ert" with Mr. Dresser stating that he thinks the Council shou the aesthet p , ualfied to be an "aesthetic expert". Mrs. Sawtelle suggested decide on the person q • as landsca a architects, people involved in beautification furnishing examples such p e addressedshould ro rams: etc. Mr. Colson said how existing developments wall b P ~ ~ ' d that is will they be completely grandfathered in, partially probably be considere , 9 red in or would. the requ~.rements of this ordinance be imposed for any grandfathe , char. es proposed on these projects in the future. •th randfatherngthem in. Mr.. Dresser said Mrs. Sawtelle said she has no groblem wi ~ ' that if chars es are planned for those pro,~ects, they. should become .that he thinks ~ ~ roblem with conforming, hut, if no changes are ever proposed, he has,n p Mrs. ~ Sawtelle said in that case,' the ordinance should grandfathera.ng in what ex~ats • ' ormn if an be more s ecifc, ghat is would screen fences have to become conf ~ y . P • r chars es or fanned, or how would it work... Mark Smith tated that it improvements o ~ p •` tall randf~ther in something, adding that maintenance items is very. hard to par y ~ and tQ control because no permits for those.. things are required. would be h • ahould be encouraged. Mark Smith sad.that perhaps Mr. Colson said that..compliance incentives :could be of f eyed for compliance.... . ted than. erha s incentives might be a good idea.,. Mr. Greer came. forward: again and sta p F • ted in ben in compliance,: but are now in the process of .that. his .group. is interes g s would not be made ' the fence<and he would hope ghat existing project owner replacing ' to immediate compliance. to come In ~ think those s ecif~c items should be addressed at Mr. Dresser said that he does not F ieh would. . meetin and he would prefer to ask s off to develop language wh • . this g e~istn -develdpers to come into compliance when they begin replacing encourage b • said that the architecture of Mr. Greer's prajest should be left things.... Mr, Colson 'nks the color. of paint should net be addressed. Mrs. Kee stated .alone, and he thi d if a chars a-is wanted, it i that colors are already addressed in .the ordinance, an g hould be made now.. s a 1 - ~ udeoce that erhaps 6Q - 9o days could be given to a Mr. Munro suggested from..the a P • t com fiance and at the end of that time attach a lien to the property. project to ge P ~ '~ uld be the wa to;~et things done. Mr. Dresser said that he would He added that wo y came u as a art of a normal not-like to address e~istin~ items except when they p p • thinks `co fiance. will be required in. ~~ maintenance program. Mr. Munro said that,-he mp • to went. Mr. Dresser said .that he would be worried order to get an attractive deve p • ailed :.and maintenance-of~vacant buildings. _Mr. Munro ..said about businesses whichf o now he thinks it ' ahead has a special ta.~in~ district established, s that .the. City y sated one ar perhaps 2 warnings about non-comgl'iance, i should be made good.. He sugg • lien. He added that automatic enforcement must be included. and then placing a i • exam lea of enforcement of standards to which Mrs. Mr. Dresser asked if staff has any p e out the 'e that has not been developed at this time. Mrs. Banks point d ~ fee repli d ' ` e still has the non-conforming use section .which can. came into play. Zoning Ordinanc that. an thin which would :require a permit would not be a problem. Mrs.. I~ee stated y g 8' /7~lJ"/ V OY 7 ~~ Mr. Dresser asked if the City can require .that. he paint his house. Mrs. Banks ' can thro h-the anti-neglect ordinance, but the color chosen is not repla.ed it ~ dressed.. Mr. Dresser said that he agrees that. something .should be developed to ad address non-compliance. ' in ax•kin lots paved with brass-crete could be one of the Mr. Munro asked if hav g p ~ ' s rather..than oured concrete lots. He aid that would be much more requirement P ' would also hel drainage which is one of the purposes of creating this .attractive and P district. ' concernn the number of members on the review board, and Discussion :then followed...:. }' ~ thinks 'aesthetic ex ert should be changed. Mr. Colson said that he ' whether or not P a e "at lar e ` erson" should replace.; "member -expert in aesthetic judgnent", the lan~`u ~ ~ F made a motion to that effect. Mr. Dresser said that he would agree:. to that and and the motion.` Discussion 'followed wi h the mot-ion and second being withdrawn seconded ands cations for chan~n~ the language to "1 member knawled~eable in aesthetic ~~ board who is`a Wolf Pena Creek property judgment" or addin~:a member to the review owner 'or developer being:made. ' n to send the draft ordinance forward to Council with. the Mr. Colson madea motto nded'at this-meeting. Mr. Dresser seconded the motion which carried, changes recomme by a vote of 4-0 • at the Council would discuss the ordinance at a workshop Mrs. Kee reminded everyone th t 23rd at 4 .m., and the pub is hearing would be held before the Council on on Augur F September. loth at ? p.m.