HomeMy WebLinkAboutStaff ReportsCommissioner Mooney moved to approve the request. Commissioner Kaiser asked if Commissioner
Mooney would amend the motion to include a condition of requiring Luther Street to be extended with
this development.
Mr. Callaway explained that the agreement for the extension was between Melrose and the City, and
this would hold the applicant up for the development.
The motion failed due to lack of a second. Commissioner Mooney moved to approve the request as
presented. Commissioner Maloney seconded the motion which passed (5-1); Commissioner Rife voted
in opposition of the motion because he was opposed to a fraternity house built in a R-1 zone.
AGENDA ITEM NO. 9: Public hearing and consideration of a Conditional Use Permit for the
use only of a restaurant under 900 sq. ft. without a drive-thru to be located in the existing Post
Oak Village Shopping Center at 900 Harvey Road. (99-702)
Senior Planner McCully presented the staff report and explained that the proposed restaurant would be
located in the Post Oak Village shopping center, which contains 36,737 square feet of space and is
occupied by several retail business. The restaurant use requires a conditional use permit. Staff is not
concerned that the request will negatively impact the parking situation on site. The request is for a
relatively low percentage of the total leaseable square footage of the center, and staff is unaware of any
current parking problems. The center itself does not meet the current parking requirements for small
shopping centers (1 space per 150 square feet); however that parking requirement also assumes that up
to 25% of the center would be devoted to theaters, restaurants, and nightclub use, and that is not the
case in this shopping center.. Staff recommended approval of the request as presented.
Chairman Massey opened the public hearing.
Andy Bernstein, Owner and applicant, approached the Commission to answer any questions they
imposed.
Chairman Massey closed the public hearing.
Commissioner Rife moved to approve the request as presented. Commissioner Maloney seconded the
motion, which passed unopposed (6-0).
AGENDA ITEM NO. 10: Public hearing and consideration of a Conditional Use Permit for the
use only, to allow a religious facility/assembly hall to be located on the northeast corner of Rock
Prairie Road and Edelweiss Avenue: (99-703)
Staff Planner Battle presented the staff report and stated that the intention is to use the building as an
assembly hall from 6 to 10 P.M. seven days a week. There will be no full time employees at the
building. This request is for the use only, and if approved, the site plan would return to the Commission
for consideration prior to proceeding with building permits. Staff recommended approval of the
request.,
Chairman Massey opened the public hearing.
Mr. Parvis Vessali, Applicant, explained that this organization currently meets in Northgate.
P&ZMinutes January 21, 1999 Page 9 of 16
meeting because of the late time and there were several questions that needed to be addressed prior to
making a recommendation.
Commissioner Kaiser felt that the $24 million project needed more attention.
This item would be set for a workshop session prior to the presentation to Council.
AGENDA ITEM NO. 12: Other Business.
Commissioner Kaiser expressed his concern with the 200 foot notice range. He felt that this number
may not be sufficient. He asked Staff to look at the options to see how the notifications can be
improved. City Planner Kee said that her concern with extending beyond the 200 feet, as required by
state statutes, is the question of how to defend the decision of where to stop. How would the new
boundary be chosen. Commissioner Maloney suggested using the utility bill inserts as a way of
notifying. City Planner Kee said that agendas would be put on the City's web page in the near future,
which would be a good way of notifying individuals. The Commission requested Staff to explore the
possibilities and return to the Commission with suggestions.
Commissioner Kaiser also expressed the need for a mediation process between developers and
neighborhoods. He asked if Staff could explore the local mediation center. He did not want Staff to be
the mediator, but included in the process. Staff said they would look into this procedure and report
back to the Commission.
Development Coordinator Ruiz informed the Commission of a scheduled workshop meeting to be held
February 4, 1999 at 5:30 to discuss the Ethics Ordinance.
The Commission asked if Staff could pick up on the FYI flyers on a quarterly basis. City Planner Kee
said they would get one distributed at the end of March to cover the first quarter of 1999.
Commissioner Maloney reminded Staff of his concern about the naming of Luther Street and West
` Luther. Director of Development Services Callaway said that when this was mentioned to emergency
services, they did not see a problem. Commissioner Maloney asked that if it was not a problem, could
P&ZMinutes January 21, 1999 Page 10 of 16
STAFF REVIEW COMMENTS
No. 2
Project: 99-718 Ismaili Jamatkhana Center - Conditional Use Permit - site plan
1. OK
2. OK
3. OK
4. OK
5. OK
6. Verify surrounding zoning - zoning to the north is probably R-1.
7. OK
8. It's still difficult to see what's happening with the easement lines here - does
the 10' PUE join the 25' PUE?
9. OK
10. OK
11. OK
12. OK
13. OK
14. OK
15. OK
16. OK
17. OK
18. OK
19. OK
20. OK
21. OK
Reviewed by: Sabine McCully Date: 10-13-99
Staff Review Comments Page 1 of 1
99-718 99-718 99-718
Lieven I Van Riet Trustee Begonia Corporation Lauri S. Hall
1901 San Jacinto 1901 San Jacinto 342 Landsburg Lane
Houston, Texas 77002 Houston, Texas 77002 College Station, Texas 77845
99-718 99-718 99-718
Gregory & Linda Mouchyn Roy Hammon Igbal P. Nagji, AIA
6411 Windwood Drive 1700 Kyle St., Suite 240 2100 Tanne Hille, #1048
College Station, Texas 77845 College Station, Texas 77940 Houston, Texas 77008
STAFF REPORT
Item: Public hearing and consideration of a Conditional Use Permit for the site plan only of the
Ismaili Jamatkhana Center to be located on the northwest corner of Rock Prairie Road and
Edelweis Avenue. (99-119)
Applicant: Roy Hammons
Item Summary: In January of this year, the Commission approved a Conditional Use Permit
for a church facility to be located on the subject property. The applicant is now returning with a
site plan that shows the layout of the site in general compliance with a conceptual plan that
accompanied the original request.
The site plan shows a church building oriented to Edelweis Avenue with associated parking
along both the Edelweis and the Rock Prairie Road frontages. There is one access driveway
shown on Rock Prairie Road aligning with a platted access easement and a median opening in
the Right-of-way. There is an additional access driveway shown off of Edelweis that meets the
City's driveway regulations.
Staff reviewed the site plan and found general compliance with development requirements with
several redlined comments, most of which are addressed in the revised plan that will be reviewed
by the Commission. The site has not yet been final platted - any site changes that would be
caused by a final plat would trigger revision of the site plan.
Item Background: The subject property was recently shown on a preliminary plat and was
rezoned several years ago as part of the development of Edelweis.
Staff Recommendations: Section 14 of the Zoning Ordinance authorizes the existence of
conditional uses. The Commission may permit a conditional use subject to appropriate
conditions and safeguards, when after public notice and hearing the Commission finds that:
(Staff comments are in italics)
1. "The proposed use meets all the minimum standards established in the ordinance for the
type of use proposed." The proposed site plan meets all of the minimum ordinance
requirements with the exception of the notes listed in the Staff Review Comments No. 2 and the
fact that the property needs to be final platted.
2. "That the proposed use meets the purpose and intent of the ordinance and is in harmony
with the development policies and goals and objectives as embodied in the Comprehensive Plan
for Development of the City." This use is not in conflict with the Land Use Plan.
3. "That the proposed use will not be detrimental to the health, welfare, and safety of the
surrounding neighborhood or its occupants, nor be substantially or permanently injurious to
neighboring property." The public hearing is an opportunityfor the Commission to measure the
potential impact on surrounding land uses.
"The Commission may impose additional reasonable restrictions or conditions to carry out the
spirit and intent of the ordinance and to mitigate adverse effects of the proposed use. These
JAPZTEXnPZ02067.D0C
requirements may include, but are not limited to, increased open space, loading and parking
requirements, height restrictions, additional landscaping, and additional improvements such as
curbing, sidewalks and screening."
Staff recommends approval with Staff Review Comments No. 2 and an approved final plat as
conditions.
Related Advisory Board Recommendations: N/A
Commission Action Options: Approval; approval with conditions as provided in the above
section; defer action to a specified meeting; table indefinitely; denial.
Supporting Materials:
1. Location Map
2. Application
3. Infrastructure and Facilities
4. Copy of Site Plan
5. Copy of Landscape Plan
6. PNZ minutes 1-21-99
7. Staff Review Comments No. 2
J:\PZTEXT\PZ02067.DOC
INFRASTRUCTURE AND FACILITIES
Water: Public waterlines must be extended if they do not already exist to and through
the property. Compliance will be required at the time of final platting.
Sewer: Same requirements as water, above.
Streets: Rock Prairie Road is a minor arterial and Edelweis Avenue is a minor arterial.
Both streets will provide adequate access to and from the site.
Off-site Easements: N/A
Drainage: A drainage report has not been submitted to date. Before the building
permit is issued, a drainage report meeting all Drainage Ordinance requirements must
be finalized.
Flood Plain: None on site.
Oversize request: See Budgetary and Financial Summary Section.
Impact Fees: May be required depending on how the site will sewer.
Sidewalks: Were constructed at the time the streets were installed.
NOTIFICATION:
Legal Notice Publication(s): The Eagle; 9-1-99
Advertised Commission Hearing Dates(s): 10-21-99
Advertised Council Hearing Dates: Not required
Number of Notices Mailed to Property Owners Within 200': 7
Response Received: None as of date of staff report
JAPZTEXT\PZ02067.D0C
STAFF REVIEW COMMENTS
No. 1
Project: 99-718 Ismaili Jamatkhana Center - Conditional Use Permit and site
plan
THE SUBJECT PROPERTY IS NOT FINAL PLATTED AND MUST BE PLATTED
BEFORE BUILDING PERMITS WILL BE ISSUED. Depending on the design of
the sewer lines, this property may be subject to sewer impact fees.
N~
1. Provide dimensions here.
✓2. Screen the utility service connections.
v3. Relocate the dumpster - it cannot be located in the buffer area.
4. Correct the submittal date.
✓5. Provide a 6' wood screening fence along the northern boundary.
( 6) Provide actual zoning information on adjoining properties and provide
ownership information of all abutting lots.
'~7. Provide a vicinity map.
8. Where does this PUE end?
✓J. Is this a water line? If so, provide size and material information. If not, label
this line.
✓10. Dimension the throat depth.
v"11. What are these? Label them. W rv o
✓12.Is this hydrant existing? If so, it just barely covers the proposed building -
future expansions will more than likely require another hydrant. If it is not
existing yet, then perhaps it can be relocated to cover future expansions.
✓13. Provide one more handicap parking space.
14. Are the sidewalks existing? If so, label as such and provide dimensions and
distances from the street curb. If not, label them as proposed and provide
dimensions, etc.
15. Will there be a PUE across the Edelweis Avenue frontage? The meters need
to be in a PUE.
',-'16. Show the transformer pad location and provide screening.
17. Provide details of the detention pond - the retaining wall must either be
screened or made of decorative materials. Show how this requirement will
be accomplished.
18. Complete the application (ownership, etc.)
Staff Review Comments Page 1 of 2
19. Suggestion: consider bike racks on-site.\
20. Correct curb and paving detail to meet one of the ordinance options.
,,/"-21. All of the marked note #2's need to reference note #3 instead (fire lanes are
6" instead of 5")
Reviewed by: Sabine McCully Date: 9-1-99
Staff Review Comments Page 2 of 2
A
Chairman Rife asked how the applicant came up with 75 parking spaces (as listed in the application).
Ms. Jimmerson explained that this number might change and that this would be looked at during the
site plan review process.
Chairman Rife opened the public hearing.
Clarence Thomas, 2103 Chase Cr., applicant, said that he is the chairman for the relocation committee
for the church. The seating capacity for the facility would be approximately 230 people, the 75 parking
spaces came from using the 1:3 ratio. The site is considerably smaller that desired but with the
financial aspects, this is all they can afford. The building itself is only approximately 7000 square feet,
and parking for 100 cars would take around one acre. The current membership is only 120 and there
are only usually 80 members during Sunday service. He felt this would be ample parking for the
church.
Patricia Rogers, owner of the Pet Resort (adjacent to this site) explained that her business has enough
extra spaces to accommodate the overflow if needed. She expressed her concern that FM 2154 would
be expanded and additional right-of-way would be taken to accommodate. She wanted to inform this
church of what she had heard from the Txdot meetings.
Transportation Planner Hard explained that this would be in the future and he was not aware of how
much right-of-way would be taken.
Chuck Ellison, 2902 Camille Drive, approached the Commission to inform them of the limitations
churches experience in the type of process because of limited funds. He asked if there was a way to
approve the use with direction to parking issues.
Chairman Rife closed the public hearing.
The Commissioners expressed their concerns with the parking issues and the need to provide adequate
parking. Assistant City Attorney said that according to the zoning ordinance, the requirement is 33%
of the seating in the church, which is a set requirement. Conditions can be placed on conditional uses
pertaining to health, safety and welfare (site related issues). If there is a necessary reason to condition
the parking requirement a condition could be place on it. She did not think that at this point an
arbitrary number could be chosen based on what Txdot may do in the future.
Commissioner Horlen moved to approve the use permit. Commissioner Floyd seconded the motion,
which passed unopposed 7-0.
AGENDA ITEM NO. 10: Public hearing and consideration of a Conditional Use Permit for the
site plan only of the Ismaili Jamatkhana Center to be located on the northwest corner of Rock
Prairie Road and Edelweiss Avenue. (99-718)
Senior Planner McCully presented the staff report and stated that in January 1999 the Commission
approved a Conditional Use Permit for a church facility to be located on the subject property. The
applicant is now returning with a site plan that shows the layout of the site in general compliance with
a conceptual plan that accompanied the original request. The site plan shows a church building
oriented to Edelweiss Avenue with associated parking along both the Edelweiss and the Rock Prairie
Road frontages. There is one access driveway shown on Rock Prairie Road aligning with a platted
P&Z Minutes October 21, 1999 Page 11 of 12
access easement and a median opening in the right-of-way. There is an additional access driveway
shown off of Edelweiss that meets the City's driveway regulations. Staff reviewed the site plan and
found general compliance with development requirements with several redlined comments, most of
which are addressed in the revised plan that will be reviewed by the Commission. The site has not yet
been final platted - any site changes that would be caused by a final plat would trigger revision of the
site plan. Staff recommended approval of the site plan with Staff Review Comments and an approved
final plat as conditions.
Chairman Rife opened the public hearing. Seeing no one present to speak in favor of or in opposition
to this item, the public hearing was closed.
Commissioner Mooney moved to approve the conditional use permit with all staff comments and with
an approved final plat as conditions. Commissioner Parker seconded the motion, which passed
unopposed 7-0.
AGENDA ITEM NO. 11: Discussion of future agenda items.
Commissioner Kaiser asked if there was a way to eliminate the conditional use permit being reviewed
in pieces. He felt it would be easier to review these requests with the site plan.
Commissioner Floyd asked for staff to report back with some type of guideline for placing time
limitations on conditional use permits.
- Commissioner Warren asked if Staff could research other cities and their policies on impact studies
(traffic studies primarily.
AGENDA ITEM NO. 12: Adjourn.
Commissioner Warren moved to adjourn the meeting of the Planning and Zoning Commission.
Commissioner Kaiser seconded the motion, which passed unopposed (7-0~ i
APPRO
ATTEST:
Staff Assistant, Debra Ch a
P&Z Minutes October 21, 1999 Page 12 of 12
19. Suggestion: consider bike racks on-site.\
20. Correct curb and paving detail to meet one of the ordinance options.
21. All of the marked note #2's need to reference note #3 instead (fire lanes are
6" instead of 5")
Reviewed by: Sabine McCully Date: 9-1-99
Staff Review Comments Page 2 of 2
STAFF REVIEW COMMENTS
No. 1
Project: 99-718 Ismaili Jamatkhana Center - Conditional Use Permit and site
plan
THE SUBJECT PROPERTY IS NOT FINAL PLATTED AND MUST BE PLATTED
BEFORE BUILDING PERMITS WILL BE ISSUED. Depending on the design of
the sewer lines, this property may be subject to sewer impact fees.
1. Provide dimensions here.
2. Screen the utility service connections.
3. Relocate the dumpster - it cannot be located in the buffer area.
4. Correct the submittal date.
5. Provide a 6' wood screening fence along the northern boundary.
6. Provide actual zoning information on adjoining properties and provide
ownership information of all abutting lots.
7. Provide a vicinity map.
8. Where does this PUE end?
9. Is this a water line? If so, provide size and material information. If not, label
this line.
10. Dimension the throat depth.
11. What are these? Label them.
12. Is this hydrant existing? If so, it just barely covers the proposed building -
future expansions will more than likely require another hydrant. If it is not
existing yet, then perhaps it can be relocated to cover future expansions.
13. Provide one more handicap parking space.
14. Are the sidewalks existing? If so, label as such and provide dimensions and
distances from the street curb. If not, label them as proposed and provide
dimensions, etc.
15. Will there be a PUE across the Edelweis Avenue frontage? The meters need
to beinaPUE.
16. Show the transformer pad location and provide screening.
17. Provide details of the detention pond - the retaining wall must either be
screened or made of decorative materials. Show how this requirement will
be accomplished.
18. Complete the application (ownership, etc.)
Staff Review Comments
Page 1 of 2
Commissioner Mooney asked if there would be any impact on any pending development along Rock
Prairie Road. Mr. Battle explained that there is a proposed Texaco to be developed at the corner of
Rock Prairie Road and Wellborn Road, and there is a veterinary clinic proposed down the street, but
neither would be adjacent to this site.
Chairman Massey closed the public hearing.
Commissioner Rife moved to approve the request as presented. Commissioner Mooney seconded the
motion, which passed unopposed (6-0).
AGENDA ITEM NO. 11: Presentation and discussion of the Capital Improvement Project
schedule.
Finance Director Cryan presented the Capital Improvements Project schedule. He asked the
Commission for a recommendation to the City Council. This item would be presented to the Council at
the January 28, 1999 meeting. Chairman Massey said that he would prefer to defer this item to another
meeting because of the late time and there were several questions that needed to be addressed prior to
making a recommendation.
Commissioner Kaiser felt that the $24 million project needed more attention.
This item would be set for a workshop session prior to the presentation to Council.
AGENDA ITEM NO. 12: Other Business.
Commissioner Kaiser expressed his concern with the 200 foot notice range. He felt that this number
may not be sufficient. He asked Staff to look at the options to see how the notifications can be
improved. City Planner Kee said that her concern with extending beyond the 200 feet, as required by
state statutes, is the question of how to defend the decision of where to stop. How would the new
boundary be chosen. Commissioner Maloney suggested using the utility bill inserts as a way of
notifying. City Planner Kee said that agendas would be put on the City's web page in the near future,
which would be a good way of notifying individuals. The Commission requested Staff to explore the
possibilities and return to the Commission with suggestions.
Commissioner Kaiser also expressed the need for a mediation process between developers and
neighborhoods. He asked if Staff could explore the local mediation center. He did not want Staff to be
the mediator, but included in the process. Staff said they would look into this procedure and report
back to the Commission.
Development Coordinator Ruiz informed the Commission of a scheduled workshop meeting to be held
February 4, 1999 at 5:30 to discuss the Ethics Ordinance.
The Commission asked if Staff could pick up on the FYI flyers on a quarterly basis. City Planner Kee
said they would get one distributed at the end of March to cover the first quarter of 1999.
Commissioner Maloney reminded Staff of his concern about the naming of Luther Street and West
_ Luther. Director of Development Services Callaway said that when this was mentioned to emergency
services, they did not see a problem. Commissioner Maloney asked that if it was not a problem, could
P&ZMinutes January 21, 1999 Page 10 of 16