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Development Services Department
MEMORANDUM
To: Speakers at the P&Z Public Hearings
From: Kelly Templin
Date: 13 February 2003
RE: United Development Code (UDO) Public Hearing Comments
Staff Responses and Recommendations
Attached are the comments from both public hearings as well as staff
comments and recommendations.
The Planning & Zoning Commission is scheduled to take action on the UDO
at their next meeting (Thursday, February 20 7pm). The Commission
intends to discuss the UDO during their workshop to be held prior to their next
regular meeting. The workshop is scheduled for 5:30pm in the City Hall
training Room. This will not be a public hearing, but the public is welcome to
attend.
Please feel free to contact staff prior to the meeting if we can address any
questions you may have (764- 3570).
/4/i-47 f c� sew
Development Services Department
MEMORANDUM
To: Speakers at t.- Public Hearings
From: Kelly Templin pip!
Date: 13 February 2 1 1
RE: United Development Code (UDO) Public Hearing Comments
Staff Responses and Recommendations
Attached are the comments from both public hearings as well as staff
comments and recommendations.
The Planning & Zoning Commission is scheduled to take action on the UDO
at their next meeting (Thursday, February 20 7pm). The Commission
intends to discuss the UDO during their workshop to be held prior to their next
regular meeting. The workshop is scheduled for 5:30pm in the City Hall
training Room. This will not be a public hearing, but the public is welcome to
attend.
Please feel free to contact staff prior to the meeting if we can address any
questions you may have (764- 3570).
Public Comments at the Planning & Zoning Public Hearings
for the
Unified Development Ordinance (UDO)
•
16 January & 6 February 2003
16 JANUARY
1) Requested process for correction of mistakes or unintended results. (Chuck Ellison)
Staff has added a mandatory annual review to the UDO. Also, as requested by
Chairman Floyd, an agenda item for the discussion of such items can be added to the
Planning & Zoning agenda for a defined period following the adoption of the ordinance.
Staff Recommendation: Add an agenda item to the P&Z workshop agenda for review
and commentary following the adoption of the UDO.
2) Uses added to the A -P, Administrative - Professional zone and standards for commercial
uses abutting established residential areas. (John Vilas)
A comparison of the current and proposed uses for the A -P district is attached.
The UDO includes increased setback, height and buffering standards for any commercial
use abutting a residential area. Also, lighting standards will help to limit nuisances
resulting from glare.
Staff Recommendation: Review closely the uses added to A -P prior to making a
recommendation to the City Council.
3) Concern for the limit placed on satellite dish diameters. (Benito Flores- Meath)
Staff proposes the expansion of allowable satellite dish diameter from 6' to 10'. This will
coincide with the C -band satellite dish requirements for this area.
Staff Recommendation: Increase the allowable diameter of satellite dishes from 6' to
10'.
4) Removal of parking as a permitted use in the NG -2 (Northgate) district. (Larry Haskins)
Parking as a permitted use was removed just prior to the November Joint Meeting. It
was discussed briefly at the November 15, 2002 and December 13, 2002 Joint Meetings.
The rationale for removing this use was compliance with the adopted 1996 Northgate
Redevelopment Plan. The availability of parking is described in detail in the Plan, as is
the strategic importance of the "Mudlot" property (p. 29). The City has developed the
parking garage described in the plan as a possible use for the "Mudlot" property.
Staff Recommendation: Continue to leave parking out of NG -2 as a permitted use.
Consider allowing parking structures and Tots without right -of -way frontage as surface
parking as P -stars (P *).
5) Limiting home daycare beyond the state requirements. (Jeanette Dale)
Staff received direction at the July Joint meeting to limit such operations to 6 children.
The current zoning code allows home daycare for 7 - 12 children as a conditional use.
The conditional use permit process has been used to address issues such as traffic, off -
street parking, noise and buffering. It also requires a public hearing that serves to solicit
the input of neighboring property owners.
As a side note, the Fire Code requires additional construction considerations for daycares
for 7 or more children (i.e., commercial vent hoods).
Staff Recommendation: Limit home daycares to 6 or fewer children.
6) Uses removed from the C -1, General Commercial district. (David Hillman)
A comparison of the current and proposed uses for the C -1 district is attached.
One concern that Mr. Hillman expressed was the elimination of the Apartment /Hotel use
in C -1. Due to recent experiences and nuisance issues, there was an effort to separate
residential and commercial uses. Residential uses are proposed to be allowed only in
residential districts. Commercial uses such as hotels are proposed to be allowed only in
commercial districts. However, an apartment hotel could be accommodated in the
mixed -use zoning designation (PDD) proposed in the UDO.
Staff Recommendation: Make no further changes to the uses listed in C -1.
7) Limitation on outside employment for Home Occupations. (Mike Luther)
Outside employment for home occupations is customarily limited in order to preserve
the residential character of a neighborhood and help to limit traffic and parking impacts
associated with outside employees. The overriding concern is the retention of the
principal use of a residence and avoid the slow transition of a neighborhood to a wholly
commercial area.
Staff Recommendation: Continue to limit outside employees for home occupations.
8) Concern that the proposed 15' setback for all parking abutting rights -of -way will conflict
with cross - access requirements. (Steve Arden)
The concern of the developers of smaller commercial sites is the amount of parking
affected by the increase in the setback from 6' (current) to 15' (proposed). As Mr.
Arden stated, this increased depth might result in a conflict with required cross - access
between commercial developments.
Staff has been charged with providing a more viable planting area for canopy trees at
the periphery of commercial sites.
The suggested compromise is the retention of the 6' setback with a maximum of seven
spaces (side -by -side) separated by an 18' planting island. The current standard is a
single stall width island (9'). This option would leave the current 6' setback between the
parking area and the property line and provide for an improved planting area for
required canopy trees.
Staff Recommendation: Include the compromise planting area as opposed to the 15'
setback.
9) Prohibiting building in floodplains, the clearing of land before the submission of a site
plan, cluster development and open areas, required bicycle parking and height
limitations for commercial development. (Sherry Ellison)
Floodplains, clearing and open areas will be addressed in Article 8 of the UDO. The
Article has been almost entirely reserved. The task of developing these regulations,
commonly referred to as subdivision regulations, is scheduled to following immediately
following the adoption of the UDO.
Bicycle parking in the UDO has a minimum requirement of 20 spaces per commercial
location. This effort has been with the recent adoption of the Bicycle plan component of
the City's Thoroughfare Plan. In the Northgate design district, no more than 20 bicycle
parking spaces per business or apartment building shall be required. The property
owner may provide more than 20 spaces; however, the City cannot require more than
20 spaces. This issue will be considered more closely with the ordinance revisions to the
entire Northgate area.
Height limits for commercial structures within proximity to residential uses are listed
within the UDO (see response to #2).
Staff Recommendation: Address all platting concerns within Article 8 of the UDO.
6 FEBRUARY
1) Concern for the implementation of platting issues and procedures listed within the UDO.
(James Giles)
Article 8, Subdivision Design & Improvements, will address all these matters.
Staff Recommendation: Address all platting concerns within Article 8.
2) Removal of certain uses in C -1, altered setbacks for Wolf Pen Creek (WPC) and appeals
of Design Review Board (DRB) decisions. (Richard Talbert)
There has been ample discussion of uses within the individual districts. There are very
few changes to the C -1 district. The setbacks within WPC have not been altered from
the current code.
The matter of appeals of the DRB was discussed at length at a Joint Meeting.
Staff Recommendation: Make no further changes to the uses listed in C -1.
3) Altering multi - family to a conditional use in WPC, except as lofts (second and higher
stories). (Don Jones)
This point was the source of a great deal of discussion with the development community
prior to the latest draft. The matter of multi - family in WPC was taken to the Oversight
Board at the request of the City Council and the Planning & Zoning Commission. The
current status in the draft (Conditional, except when constructed as lofts above
commercial, in which case it is permitted) was the recommendation of the Oversight
Board. This recommendation was accepted by the Council and P&Z and incorporated
into the draft UDO.
Staff Recommendation: Staff recommends no change.