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MINUTES
Zoning Board of Adjustment
:CITY OF COLLEGE STATION, TEXAS
July 18, 1995
7:00 PM.
MEMBERS PRESENT: Acting Chairman. Rife, .Members Poston and Hollas and Alternate
Members Ochoa and Blackwelder.
MEMBERS ABSENT: Chairman Birdwell, Member Sawtelle and Alternate Member
Alexander.
STAFF PRESENT: City Planner Kee, .Senior Planner Kuenzel, Staff Planner Dunn,
Planning Technician Thomas, Development Coordinator Volk .and
Assistant. City Attorney Shively.
AGENDA ITEM NO. 1: Call to order -explanation of functions of the Board.
Mr. Rife called the meeting to order and explained the functions and limitations of the Board.
AGENDA ITEM-NO. 2: Approval of minutes'from the meeting of June 20, 1995.
Mr. Hollas moved to approve the minutes from the .meeting of June 20, 1995 as .written. Ms.
Poston seconded the motion which passed unopposed (5 - 0).
AGENDA ITEM NO.3: Consideration of a variance request to the parking. requirements
for the proposed multi-family project to be located along the :east side of Wellborn Road
just north of the Graham Road intersection.
Staff Planner Dunn presented the staff report for a variance request to the parking requirement
per apartment bedroom for the development of a retirement or senior citizen project. This project
is. planned for the construction of a retirement community.. As required.. by Section 43 of the
Internal Revenue Code, the project is restricted for a mirnmum of thirty years to house elderly
.citizens only. An ordinance amendment approved by the City Council on July 20, 1995 changed
the parking requirement to 1.5 parking spaces per bedroom except for bedrooms 'less than 132.
square feet which are required only 1 parking space. The project will consist of 36 one tredroom
units and 96 two bedroom units for a total of 228 bedrooms. Thus, under current standards, the
number'of parking .spaces required would be .318 spaces. The. applicant states. that most senior
citizens own and operate one car per apartment unit. no matter how many bedrooms are used.
Under this unit of measure. (apartments as the unit instead of bedrooms), the current ordinance
requirement would be 2.59 spaces per. apartment unit. The applicant proposes to have T:83
parking paces per unit for a total of 242 spaces. This would require a variance of 76 spaces.
The applicant contends that the .extra required.parkng spaces will not be used, and will .increase
unnecessary hard surfaces and construction costs .which will .affect. affordable" housing costs. No
alternatives without. a variance have been identified. However, the Board may grant any variance
amount less than what is requested. " On July 15, 1980, the Board granted. a parking variance to
the LULAC elderly apartment complex located on 1105 Anderson.. Over .thee past 15 years, this
requirement has adequately met the parking needs of the complex.. Six surrounding property
owners were notified'with one response received in favor of the. request.
Mr. Rife opened the public hearing.
Representative of HearthsideDevelopment Foundation, Randy Brown of-506 West Fifth Street in
Yorktown,. Texas,. approached. the Board and was sworn in by Mr. Rife. He informed the Board
that the property has been approved for federal .housing. tax credits to be operated under the
affordable :housing .guidelines. These guidelines include an income restriction and the amount of
rent that .can be charged based on the median income. Approximately 70% of the units are
restricted income lever and 30% are based on the current market rate. Mr. Brown stated that
most of these developments have been built in the northern. midwest area in Minnesota, Iowa and
Wisconsin. The only other two developments in Texas are in Waco and Beaumont. The typical.
parking ratios in other cities ..including. Beaumont and Waco -are 1.85 per unit.. Mr. Brown
informed the Board that the Zoning Ordinance would allow 22 to 24 units per acre in this
particular zoning district; however,. the proposed development is only I0 units per acre. He stated
that the parking required is not. needed for the elderly tenants and will only take away green space.
The majority of the tenants will have only one car per unit.. Mr.: Brown stated that as part of the
tax credit program, the requirements are outlined. in the deed restrictions of the property for a
minimum of thirty years. At the end of thirty years, the owner' is required to either continue under
the .guidelines of the program or first sell the individual. units to the current residents. The
remaining units can be sold in the free market.
Mr: Rife closed' the public hearing.
Mr. Ochoa stated that he understands the deed. restrictions and that the required parking dvill not
be used. with the proposed development; however, in the long run, the additional parking might be
needed if the development changes. In order to meet the spirit and 'intent of the ordinance,
additional limitations could be placed on the variance. Mr. ~choa suggested that the additional
parking be shown on the site plan and not constructed so that if the use changes, the additional
parking is installed.
Mr. Hollas stated that the City Council recently. considered an ordinance. amendment for multi-
family parking: and did not see. fit to make special exceptions for this. type of development. He
stated hat after the thirty year time limit, the property .could be used for something else where the
parking would be necessary.
Assistant City .Attorney Shively explained that the Board. can condition the variance on the
specific use of theproperty. The best way to handle that conditionis to file. something for record
that states the conditions under which the variance was granted and if these conditions ever
change, the"variance evaporates .and comes back to the Board: As long as he conditions ire filed
for record, they will show up in a itle search for any transfer of ownership _of the property.
Mr. Brown stated that the condition on the variance would not be a problem. Because of the low
density of the property, the owner will always .have the ability to add parking spaces at a later
date.
Mr. Ochoa moved to authorize a variance from Section 9, Zoning .Ordinance #1638 to the
minimum parking requirements from the terms. of this ordinance as it will not be contrary to the
public interest; due to the following special conditions: the project has special deed restrictions for
a minimum of thirty years to house elderly citizens only as required by Section 42 of the Internal
Revenue Code; and because a strict enforcement of the provisions of the ordinance would result
in unnecessary hardship to this applicant being: the extra parking spaces will not be used under the
present project usage;. and'such that the spint of this ordinance shall. be .observed and substantial
justice done subject;to the following limitations: additional parking will be set aside undeveloped,
and sufficient to meet present code requirements. Also,. if the .property. usage by elderly citizens
under the Federal Tax Credit program ,ceases, the present variance expires. In addition, staff is
directed to record his document with the Official Records of Brazos County. Mr. Hollas
seconded the motion which passed. unopposed (5 - 0).
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