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Home My WebLink AboutCorrespondence March 22, 2010 Jane Kee IPS Group 511 University Drive East, Suite 211 College Station, TX 77840 Re: UNIVERSITY PARK PH 2, BLOCK T, LOT 15A, ACRES 3.046 Ms. Kee, Thank you for meeting with staff to further discuss the above mentioned property. The following is in response to your letter claiming vesting rights for the above mentioned property in relation to the application of the definition of a medical clinic. The subject property was originally part of the University Park Section 2 preliminary plat that was approved by the Planning and Zoning Commission on February 4, 1982. The Texas Local Government Code requires that projects be vested to the code, regulations, and properly adopted policies in place at the time of the original permit. Specifically exempt from these requirements are municipal zoning regulations, provided they do not affect landscaping or tree preservation, open space or park dedication, property classification, lot size, lot dimensions, lot coverage, or building size or that do not change development permitted by a restrictive covenant required by a municipality. Staff does not concur that a change in the definition of a type of use allowed within a zoning district qualifies as a change in the overall property classification. Further, if the property were to vest to the zoning regulations at the time of the original permit for the project, the definition of a clinic in place in 1982 was as follows: "An institution, public or private, or a station for the examination and treatment of out - patients by an individual or group of doctors, dentists, opticians, veterinarians, or other similar medical professionals" (City Ordinance, 850 — Adopted October 23, 1972). Changes to the zoning ordinance related to the definition of medical clinics occurred in 1992, which altered the definition of a clinic to the following: "A facility operated by one or more physicians, dentists, chiropractors, or other licensed practitioners of the healing arts for the examination and treatment or persons solely on an outpatient basis." It is Staffs belief that based on information provided by Mr. Young, MedPro's owner, who stated that MedPro employs "an LVN as well as Licensed Chemical Dependency Counselors (LCDC's) as designated by TDSHS" and considers the company as "an outpatient treatment program," that MedPro is most accurately defined as a medical clinic regardless of the changes to the City's zoning ordinance. Based on the medical clinic use, the City's zoning regulations require parking at a rate of 1 space per 200 square feet of use. Since the current site has parking provided based a 1:250 ratio, the 3,000 square foot tenant space, if utilized by a medical clinic, will be required to provide 3 additional parking spaces. As you are aware, this parking requirement can be waived with by an administrative adjustment which I am prepared to support, in part due to the previous leasing history of the property. Additionally, if there are continued concerns about medical clinics located in this center, the City also offers options of alternative parking studies to reduce the amount of parking needed on site to address the on -going issues relating to medical uses on this site. If you have any further questions, please feel free to contact me at any time. Sincerely, Bob Cowell, AICP Director, Planning and Development Services Page 1 of 1 Jenifer Paz - Re: University Park Plaza From: Natalie Ruiz <natalie @ipsgroup.us> To: Jenifer Paz <Jpaz @cstx.gov> Date: 7/13/2011 10:36 AM Subject: Re: University Park Plaza Thanks Jennifer for looking into the issue. I'm preparing an alternative parking plan now that focuses on the following: • Allowing low traffic- generating medical uses at 1:250. • Continue the office uses at 1:250. • Continue up to 25% of intense uses without additional parking. I should have something to you by Monday morning. Thanks again Jennifer! Natalie On Wed, Jul 13, 2011 at 10:28 AM, Jenifer Paz <Jpaz a,cstx.gov> wrote: Natalie, hope you're doing well this morning. I looked more into non - conforming use situation and I have to agree with JP. The application and plans do not reflex this site being developed specifically for medical offices. I understand that the change in definition has altered the parking requirement but the use is still allowed. Which is why the alternative parking plan would help alleviate the requirement. I would agree that the amount of parking required may be excessive for some medical use, seeing that they may only service a limited number of customers. The alternative parking will also help future medical office -type uses that do not require much parking, which it seems those are the target tenants for this site. Let me know how you want to proceed. Jenifer Paz Planning Technician Planning & Development Services City of College Station P.O. Box 9960 1101 Texas Avenue College Station, Texas 77840 Office: 979 - 764 -3570 Fax: 979- 764 -3496 City of College Station Home of Texas A &M University ® file: / /C: \Documents and Settings \jpaz \Local Settings \Temp \XPgrpwise \4E1D7546City of ... 7/13/2011 Page loJ3 Jenifer Paz - FW: University Plaza Center From: "Amy Jones" <umy@o|dharngoodwin.00m> To: <jpaz@csbcgov> Date: 6/20/2011 4:46 PM Subject: FW: University Plaza Center HiJenifer, got your message and thought it would be better for me to send this email string. VVe have a consultant trying to help us on this. Thanks, Amy �nnyK]�n8S | )ii ofcnrnrnercia|IVIQnou,enneot Oldham Goodwin Group, LL[ South T eXaSAvCnNe, SUite4O1 7780,2 200O F �7��467Q2O U719 7840 vvvuwO/driamGoodvvin,Com mzuo.xp`�uxa.`,ao"^wasm,nxcsemm,�auv'`oe�m/`asue°"vumx`eoav'``sou,,e�uee".ru'enamemm",w.°eueo,,exr�,a�u,m,.wex°"° m.a,a�ee�s�n*n.eneenmoonaucu,u/,uv"",�,vo�/um=� v x", ' um, ;,K) mm;,; ,ewr,e Ame ne■ v";De*namlu(t m: ^nu mx/c»m"vmwewxe�uuvmm e; /^m,/mn »m" me .rupw,nxe",/.s~`mmxo'`mm,".^rer* : mu*wouoenm»e,wto ,*m, From: Natalie Ruiz [mailto:natalie@ipsgroup.us] Sent: Friday, June 17, 2011 9:19 AM To: Amy Jones Subject: Fwd: University Plaza Center This is just FYI. In case you hear from Ms. Paz? Thanks Amy! Natalie Forwarded message From: Jennifer Pro ohmzko <JProchozba@omtz.gov> Date: Thu, Jun 16, 2011 at 2:40 PM Subject: Re: University Plaza Center To: Natalie Ruiz <oatalie@' ogr0upus> Natalie, I have not been working with this one, so let me look into your questions and get back with you. fl/e://C:\Docnozcutmnud Scttiogs\jpoz\L000l Settings\Temp\XPgrpwise\4DFF7948 City of 7/12/7011 Page 2 of 3 Thanks! Jennifer Prochazka, AICP Senior Planner Planning & Development Services City of College Station P.O. Box 9960 1101 Texas Avenue College Station, TX 77842 Office: 979.764.3570 Fax: 979.764.3496 Email: iprochazka(acstx.gov Website: www.cstx.clov City of College Station Home of Texas A&M University CD »> Natalie Ruiz <natalie@ipsqroup.us> 6/16/2011 1:26 PM »> Hey JP! Hope you're enjoying your summer. Seems like all I do during this time of year is chauffeur - baseball, swimming, play dates, etc. I'm writing you for help on the University Plaza Shopping Center. We've worked with Oldharn /Goodwin over the last year on an Administrative Adjustment, Vesting and a Non - Conforming Use Argument. It seems like we keep putting a band -aid on the larger problem. In an effort to be clear about what they can and cannot do, could you help me clarify the issues? I've attached some notes to help as well as the email stream below. Please review and let me know your thoughts. I really think that we're dealing with a legitimate non - conforming use issue. Prior to the ordinance change in 2003, professional offices were a permitted use. The ordinance was changed that essentially removed some of the medical - related professional offices and placed them into the "clinic" category with a higher parking requirement. Our pool of potential office tenants was reduced due to change in definition and the now non- conforming parking structure. (Additional parking is being required for a use that was permitted when the office center was built.) My goal is to document an agreement about the property so that we don't re -hash the issues with each individual tenant. (I love billable hours; but this is getting crazy!) Please call me or let me know your thoughts. Thanks JP! Natalie From: Jennifer Prochazka [mailto:JProchazka(a,cstx.gov] Sent: Tuesday, August 24, 2010 5:01 PM To: Jane Kee Subject: Re: Morning Hi Jane! Sony, I was out of the office yesterday. The existing AA for the property would allow a medical use to continue in that location. Let me know if you have any questions! Thanks! Jennifer Prochazka, AICP Senior Planner Planning & Development Services City of College Station P.O. Box 9960 1101 Texas Avenue College Station, TX 77842 file: / /C: \Documents and Settings \jpaz \Local Settings \Temp \XPgrpwise \4DFF7948City of ... 7/12/2011 Page 3 of 3 Office: 979.764.3570 Fax: 979.764.3496 Email: jprochazka@cstx.gov Website: www.cstx.zov City of College Station Home of Texas A &M University »> "Jane Kee" <jane@ipsgroup.us> 8/23/2010 9:55 AM »> Did the B'day party go according to plan? Quick question. I think I recall the answer but want to make sure. Over at the Park Plaza on University Dr. there is a non - conforming use taking up 6,000 SF. That use is moving out and an identical use (medical office) wants to move in. The non - conformity is the parking req. (you may recall discussions about Med Pro earlier this year). Med Pro was locating in a different space and in the interest of time the client sought an administrative adj for parking which was approved. I really think that one and especially this one are cases of non - conforming uses. I see this current one as needing approval to substitute a non - conforming use for another. Do you agree and if so, what is the process - ZBA? or Staff? If you do not agree then please tell me what you think. Thanks, JP. Jane Kee IPS Group 511 University Dr. E. Suite 205 College Station, Texas 77840 979.846.9259 file: / /C: \Documents and Settings \jpaz \Local Settings \Temp \XPgrpwise \4DFF7948City of ... 7/12/2011 Page 1 of 2 Jenifer Paz - Re: University Plaza From: Jennifer Prochazka To: Natalie Date: 6/23/2011 1:17 PM Subject: Re: University Plaza Natalie, Yes, I found the original letter from Jane, as well. I agree that replacing an existing non - conforming use (based on parking) with a similar use is acceptable. Allowing a blanket waiver to the clinic parking requirement for the center, is something different in my mind. If the original plans / application or anything related to the original site stated medical use or medical office, I might agree with the center as being a non - conforming use due to parking. Everything I have found is based on a standard office designation...and many of the uses in the center are the standard office types. Would the owner be agreeable to pulling together some information about the tenants /lease spaces and their parking needs for an alternative parking analysis that could be tied to the site? This would eliminate the need to re -hash the discussion each time, as well. Let me know your thoughts... Jennifer Prochazka, AICP Senior Planner Planning & Development Services City of College Station P.O. Box 9960 1101 Texas Avenue College Station, TX 77842 Office: 979.764.3570 Fax: 979.764.3496 Email: it rochazka@cstx.gov Website: www.cstx.gov City of College Station Home of Texas A &M University ® »> Natalie <natalie @ipsgroup.us> 6/23/2011 10:39 AM »> He was responding to our vesting argument at the time. (Jane submitted a letter to which he responded.) The more we talked about the case, we felt like it was a nonconforming use. Because of the time constraints, we pursued the alternative parking plan to deal with Med Pro. We still need to resolve the bigger issue - nonconforming use. It appears from previous correspondence that staff has agreed with the nonconforming use argument but on a specific lease space or square footage basis. Of course we feel like the entire center is nonconforming. Natalie On Jun 23, 2011, at 10:25 AM, "Jennifer Prochazka" <JProchazka@cstx.gov> wrote: Natalie, Looks like Bob addressed this same question last year. Attached is the letter that he sent to Jane. The suggested course of action then was to look at an alternative parking analysis... Jennifer Prochazka, AICP Senior Planner file: / /C: \Documents and Settings \jpaz \Local Settings \Temp \XPgrpwise \4E033CE3City of ... 7/12/2011 Page 2 of 2 Planning & Development Services City of College Station P.O. Box 9960 1101 Texas Avenue College Station, TX 77842 Office: 979.764.3570 Fax: 979.764.3496 Email: jprochazka @cstx.gov Website: www.cstx.ciov City of College Station Home of Texas A &M University CD <20110623101208662.pdf> file: / /C: \Documents and Settings \jpaz \Local Settings \Temp \XPgrpwise \4E033CE3City of ... 7/12/2011