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HomeMy WebLinkAbout07/16/1981 - Minutes - Planning & Zoning CommissionMINUTES • City of College Station, Texas Planning and Zoning Commission July 16, 1981 7:00 p.m. MEMBERS PRESENT: Chairman Behling; Commissioners Kelly, Fleming, Gardner, Hazen, Hall and new member Murl E. Bailey. STAFF PRESENT: Director of Planning, Al Mayo; Asst. Director of Planning, Jim Callaway; Zoning Official, Jane Kee; Planning Assistant, Chris Longley; Planning Technician, Joan Keigley and Director of Capital Improvements, Elrey Ash. SPECIAL VISITOR: Mayor, Gary Halter. The meeting was called to order by Chairman Behling who introduced Mayor Halter. In a brief ceremony administered by Mayor Halter, new commission member Murl E. Bailey was sworn into off ice. AGENDA ITEM N0. 1 - Apuroval of minutes, meeting of Julv 1. 1981. Upon motion by Commissioner Gardner; second by Commissioner Hazen the minutes of July 1, 1981 were approved with Commissioner Bailey abstaining. • AGENDA ITEM N0. 2, 81-708, A Public Hearing on the question of granting a Conditional Use Permit for the operation of a medical clinic to be located in an existing residence at 201 Grove Street. The request for the Use Permit is in the name of Jackson W. Wagner. Jim Callaway presented details of the application to the commission and presented a recommendation for denial from the Project Review Committee as follows: 1. Ordinance 850 requires 23 parking spaces; only 10 are provided on site. 2. Seven of those spaces access off private rear drive in unimproved condition. 3. Three other spaces off site "donated" by Unitarian Church are un- acceptable. 4. Residential area does not need a "semi-commercial" use intruding into the neighborhood. Mr. Callaway pointed out to the commission that the matter of parking is not a Planning and Zoning problem. A request for a variance to parking requirements has been submitted to the Zoning Board of Adjustment for consideration at their next meeting, provided the Conditional Use Permit is approved by this commission. • Commissioner Kelly asked if the alleyway or driveway going into the church property from Welborn was maintained by the City. Al Mayo reported that it is a driveway and is not maintained by the City. Commissioner Kelly asked to whom the driveway belongs and Mr. Mayo answered it Minutes Planning and Zoning Commission July 16, 1981 Page 2. was abandoned many years ago; and in a case such as that, one-half of the drive • is abandoned to the property owners on each side. Commissioner Gardner asked how many trees would have to be removed to provide the ten parking spaces shown on the site -plan and Mr. Callaway deferred to the applicant. The Public Hearing was opened. Dr. Jackson W. Wagner, applicant, apologized to the commission for the revised site plan not being available for their advance packet due to his being out of town. He then spoke in favor of approval of the Conditional Use Permit and presented the following information for consideration. 1. Based on past service records, an average of one patient per 15 minutes will be seen. 2. The policy of the clinic is not to see drop-in patients, and this procedure is well recognized and accepted in the area of service. 3. Clients are students or student wives and the majority of them walk or ride bicycles to the clinic which will not appreciably increase traffic in the area. 4. Twelve parking spaces will be located on site and only one tree out of thirty-nine will have to be removed. • 5. Three additional parking spaces have been donated by the neighboring Unitarian Church which will be utilized as staff parking. 6. Planned Parenthood is a non-profit organization and funding and tight budget control does not allow for any appreciable increase in client workload. 7. The present location is poorly suited to clinic use and the leasing costs continue to increase. 8. Dr. Wagner would be the owner of the property at 201 Grove and would lease to Planned Parenthood at cost. 9. It is improper to consider this clinic operation as commercial or even semi-commercial in nature. 10. Dr. Wagner proposed approval of the Conditional Use Permit with the following conditions: a. The variance to parking be approved by the Zoning Board of Adjustment. b. The Conditional Use Permit will be for the exclusive use of Planned Parenthood. c. The clinic operation to be reviewed by adjacent property owners and this commission at the end of three years to determine if the use is • compatible with the neighborhood. If not, Planned Parenthood would relocate. Minutes Planning and Zoning Commission July 16, 1981 Page 3. Commissioner Fleming stated his feeling that Planned Parenthood will see an in- crease in patient caseload just as there will be an increase in all other areas • of service and development in this area. Chairman Behling asked why the group planned to change locations. Dr. Wagner stated the present location is not suitable for clinic use and ex- amining. rooms are located in such a way as to become very hot in the afternoons and therefore not usable. The parking situation is very bad and the lease costs continue to rise. Chairman Behling asked how many people are on staff and if there are meetings of the Board of Directors and how frequently they meet. Dr. Wagner reported there are five staff members. The board meets about once per month at night and the meetings would be held at the location in question. Chairman Behling asked how the property would be treated if Planned Parenthood ceased operations in that location and Dr. Wagner answered it would be returned to single family use which would be easy enough since no great modifications of the structure are planned. Commissioner Hall asked if at anytime in the future it was foreseeable that the hours might have to be extended or perhaps stay open on Saturday to serve the clients. Dr. Wagner stated again that the financial resources of the organization do not provide for any such plans. Clint Phillips, a member of the Unitarian Church, spoke in favor of the location of Planned Parenthood at 201 Grove and stated they were pleased to lend support by donating the parking space. • He also stated he believes the driveway in question to be City property and to be maintained by the City. He stated they do no maintenance of the area but equip- ment comes in fairly regularly to work on the driveway. He further stated he feels ~:he parking arrangements wherein the Baptist Church furnishes parking space for the 707 Complex is not any different than this arrangement. Commissioner Kelly asked specifically where he got such information. Mr. Phillips stated form a former member of the Planning and Zoning Commission; and since they are located adjacent to each other it is logical to assume that arrangement exists. Chairman Behling asked if 707 does not have enough parking. Al Mayo stated they do not have the required amount of spaces on site and there is a notation on the plat to that effect. Martha Clark spoke in favor of approval of the use permit and stated Planned Parent- hood has tried to find a suitable location like this for approximately two years. She also stated her feeling that the traffic generated will not be a noticeable factor and will not be detrimental to the neighborhood area. Jean Sulkin spoke in favor of the use permit based on the fact that the use of another structure in the area by the Baptist students is similar and there are other uses in the niighborhood which are not single family and therefore Planned Parenthood will not be detrimental in nature to the neighborhood. Opponents: • Mr. Carl Tischler explained the neighborhood has seen an upgrading from rental to home ownership within the pastfew years by younger families who are finding Minutes Planning and Zoning Commission July 16, 1981 Page 4. • these older homes affordable. He also pointed out the site proposed for use by Planned Parenthood does not provide the required number of parking spaces and people using the driveway might have to back into a street which is only 30' wide (curb to curb) and this would create a dangerous situation. He further pointed out he does not believe it is possible to force clients to park in designated spaces rather than along the side of the street. He expressed the property owners feeling that approval of this use would be an encroachment to the single family neighborhood. Commissioner Gardner asked Mr. Tischler if it was his feeling that the Zoning Ordinance is def icient because it allows for approval of clinic use in a single family area. Mr. Tischler again stated their feeling is that it will be an encroachment in this neighborhood. Commissioner Kelly remarked there has been a strong upgrading of the neighborhood during the past five years. Commissioners Hall and Fleming asked if a one year review would be acceptable. Dr. Wagner stated it would be agreeable to Planned Parenthood. Betty Dean stated her belief there would not be a great change in the site as • far as appearance but stated if this use is approved, then the next time a house is for sale in the area it will be more difficult to refuse to approve its use for something such as a real estate office or some other more commercial use. She pointed out this neighborhood is the "old college neighborhood" and is being upgraded and should be preserved rather than years from now not having it at all. Commissioner Gardner asked if she is aware that many cities have preserved areas such as this by allowing the use as commercial, such as for doctors.ar lawyers. Mrs. Dean replied it would be better to leave the neighborhood as it is and let it upgrade itself and maintain the single family residential concept. Commissioner Fleming asked what if the house were rental property and was rented to college students. Mrs. Dean stated that would depend on the students. There have been students in rental property in the area in the past who have been good neighbors and have taken care of the yards. If the students were not good neighbors, it would be up to the property owners in the area to work with the landlord to correct a bad situation. Julia Mashburn asked what would be done with the parking spaces if the house was ever returned to single family use. She also referred to the signs which had been posted by the Baptist students in the area and reported that Jane Kee of the City Planning Staff has taken steps to correct that problem. At this time she asked the opponents of the use permit to rise. Minutes Planning and Zoning Commission July 16, 1981 Page 5. • Chairman Behling immediately asked for a show of hands of both proponents and opponents. (No count was taken). Virginia McDermott of the Bryson Park Community Association addressed the commission and stated they are nieghbors to the area. She e~ressed their opposi- tion to the approval of this use and stated the gnoup is not against the concepts of Planned Parenthood, they support these, but they are greatly opposed to the clinic use in this older neighborhood which should be preserved for single family. Commissioner Gardner asked what is the borderline of their association. Mrs. McDermott stated it is Fairview and probably will expand in the future. Mrs. L. Schiff ler stated she is a f first time home owner in the area and is pleased to be located in this neighborhood. She expressed concern if this use is approved it will encourage the future development of commercial uses in the neighborhood. She asked if there would be anyway a future request for a commercial use could be turned down by this commission after approval of this use had been made. Chairman Behling answered aff irmatively. He added each request is judged on its own merits. Mrs. Richard Morris stated there is a rumor that Grove and,~.F.idelity will be closed off from access to Wellborn and asked if that is true. • Al Mayo stated he was not aware of any plans to close those streets. Mrs. Morr is~ pointed out there is a small house next to this property for sale and she would not want to purchase it even for rental use with a clinic in the area. Commissioner Kelly asked if there was a child care center operating in the area. Mrs. Morris stated one lady keeps one child. There has been a child care center in the area in the past, but there is not one at this time. Susan Pugh stated she would like to have clarif ication of"tihe staff recommendation; she asked if that recommendation was for denial. Chairman Behling stated the recommendation for denial was from the Project Review Committee which was composed of Al Mayo, Elrey Ash and Jim Callaway who are staff members. The Public Hearing was closed. Commissioner Gardner stated he felt this to be a very diff icult decision to make. He expressed his feeling that he could not see how a service of this type could be too damaging to the neighborhood considering the hours of operation; no special equipment such as x-ray equipment which might interf ere with television reception; and the average of one client per 15 minutes. • Commissioner Fleming stated he felt the commission should keep in mind that decisions being made are not for immediate needs, but for the future of the city as a whole. He stated he feels single family neighborhoods in College Station are becoming fairly small and these areas should be protected. Minutes Planning and Zoning Commission July 16, 1981 Page 6. Commissioner Hall expressed his agreement with Commissioner Gardner that the • decision is difficult. He described the location as seemingly suitable for the nature of the service to be delivered; but restated this to be an old residential area and suggested the character should be preserved. He further suggested the line should be drawn at Wellborn Road. Commissioner Hazen stated she planned to vote in favor of granting the permit. She stated she is very familiar with Planned Parenthood and the people involved and she could assure everyone they would do what they say. She expressed the feeling that the property owners in the area would be very pleased with them. Commissioner Bailey stated he had a problem because he felt existing land use is being changed. He described the area as a very small residential area and his feeling that the proposed use goes against the ph losophy of this commission and its past actions. Chairman Behling expressed less concern over the parking than the client load of four per hour. He expressed support for Planned Parenthood and its concepts and agreed with Commissioner Hazen that they would do exactly what they say. He described his personal concern of living in such a neighborhood with this type of operation and the "strangers" who would be in the area. He stated it would also be of concern to him to live in an area where the traffic was increased as it would be by the proposed clinic. Commissioner Gardner suggested analyzing exactly what benef its are received by a neighborhood from a neighborhood clinic type operation and perhaps the com- • mission should give attention to approving such developments in the future. He stated his opposition in the past to strip commercial development; but this type of development seems to offer benef its which should be considered. Commissioner Gardner then made the following motion which was given second by Commissioner Hazen: That approval of the Conditional Use Permit be made with the following stipulations - 1. The use and affect on the neighborhood be reviewed in one (1) year. 2. Planned Parenthood would be the only group approved for operation under this use permit. 3. Approval of this commission is subject to approval of a variance to parking requirements by the Zoning Board of Adjustment. Al Mayo expressed concern of establishing a precedent of adding review stipu- lations to use permit approvals and the staff time and involvement which would be required in keeping track of the reviews. Commissioner Gardner stated that is a responsibility which should be accepted. Chairman Behling called for a vote and the motion failed by the following vote: • In Favor: Commissioners Gardner and Hazen. Opposed: Chairman Behling; Commissioners Bailey, Hall, Fleming and Kelly. Minutes Planning and Zoning Commission July 16, 1981 Page 7. Commissioner Hall then made a motiion for denial of the Conditional Use Permit; • second was given by Commissioner Fleming and the motion for denial was approved by the following vote: In Favor: Commissioners Hall, Bailey, Fleming, Kelly and Chairman Behling. Opposed: Commissioners Gardner and Hazen. (.Commissioner Hazen left the meeting at 8:35 p.m.) AGENDA ITEM N0. 4, 81-231, Final Plat - Southwest Crossing. Al Mayo stated the final plat is identical to the preliminary plat. He mentioned the alleys should be labeled "public alleys" and gave a staff recommendation for approval. Commissioner Kelly moved for approval; second was given by Commissioner Fleming and the motion received unanimous approval by the members present. AGENDA ITEM N0. 5, 81-232, Final Plat - Emerald Forest Phase 4. Mr. Mayo presented the plat stating the unlabeled right-of-way area behind Block 4 should be dimensioned and labeled a "public alley." The ten foot right-of-way dedication at Sebesta Road should be labeled. A 15-foot utility easement is needed along Sebesta Road. A 15-foot utility easement should be added along all rights-of-way. if underground electric service is desired. • Commissioner Kelly moved for approval of the final plat with staff recommendations; second was given by Commissioner Bailey and the motion received unanimous approval by the members present. AGENDA ITEM N0. 6, Consideration of parks recommendations b the Parks and Recreation Committee. Mr. Mayo referred to the material which had been made available to the commissioners in advance of this meeting which contained recommendations from the Parks and Recreation Department for the location of parks in four areas. Recommendations and comments from the Planning & Zoning Commission have been requested prior to submission to the City Council. Four areas are involved: University Park Subdivision, KFO Phase III, Emerald Forest and Lincoln Place. Mr. Mayo outlined the number of acres and pointed out each location site on a map. The following concerns and questions came forth after lengthy discussion. 1. Concern was expressed over 29th street providing access to one of the park locations because of dangerous traffic flow conditions. (University Park) 2. Concern over the size of the sites and are they to serve only the immediate residential areas or be public parks. • 3. The possibility of a linear development within the utility easement connecting all of the areas to be used for joggers and bicycle riders. 4. Concern over the possible impact from flooding in one of the sites. (University Park) 5. One site is located too close to the sewer plant and has very poor access. (University Park and Emerald Forest) i • Minutes Planning and Zoning Commission July 16, 1981 Page 8. 6. Expressed preference to not approve or disapprove any location or suggestion until the Parks and Recreation Director makes a full presen- tation to the commission followed by a question and answer session. Commissioner Kelly moved to table the matter until the Parks Director could be present for a question and answer session; second was given by Commissioner Hall and the motion was unanimously approved by the members present. AGENDA ITEM N0. 7, Other Business. Mr. Mayo asked Chairman Behling if he was ready to make the appointment of a committee to study the zoning ordinance; sub-division ordinance; mobile home ordinance and several others. Chairman Behling stated he would notify Mr. Mayo of his appointments to that committee by 9:30 a.m. on July 17, 1981. Mr. Mayo reported there had been a meeting between himself, Councilman Ringer, City Attorney Denton, Director of Capital Improvements Ash and the planning consultants this past week. Several items had been discussed and their pro- posal is to be submitted sometime next week, probably on Monday. AGENDA ITEM N0. 8 - Adiournment. There being no further business to come before the body, upon motion by Commissioner Kelly, second by Commissioner Bailey the meeting was adjourned. ATTEST: Secretary PROVED ~~ C 'rman •