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HomeMy WebLinkAbout06/20/1985 - Minutes - Planning & Zoning CommissionMINUTES • CITY OF COLLEGE STATION, TEXAS Planning and Zoning Commission June 20, 1985 7:00 P.M. MEMBERS PRESENT: Chairman Kaiser, Members Brochu, Wendler, MacGilvray, and Paulson MEMBERS ABSENT: Members Dresser & Stallings STAFF PRESENT: Director of Planning Mayo, Assistant Dire~~tor of Planning Callaway, Assistant City Engineer Smith, Zoning Official Kee and Planning Technician Volk AGENDA ITEM N0. l: Approval of Minutes - meeting of June 6, 1985. Mr. Kaiser asked for an addition on page 2, paragraph 2, third line from bottom to read "...qualifications by different standards than does the City...". Mr. MacGilvray pointed out a spelling error on page 4, i.e., san_ctuai-y. Mr. Brochu made a motion to approve the minutes with the changes mentioned; Mr. Paulson seconded the motion which carried unanimously (5-0}. AGENDA ITEM N0. 2: Hear visitors. No one spoke. • AGENDA ITEM N0. 3: 85-705: A public hearing on the question of granting a Conditional Use Permit for an office and meeting room for St. Francis Episcopal Church in a subordinate structure located at 201 Walton. Applicant is Gordon Beall. Mr. Callaway explained that this request is for an office for the vicar of the church and a meeting room which will accommodate 4-10 people on various days of the week. He further explained that these proposed uses would be held in t:he subordinate structure on this residential lot, and not in the house, which is the primary structure on the lot. He pointed out area zoning, existing land uses and the fact that the adopted land use plan reflects this area as low density residential with commercial uses across Foster to the west. He mentioned that the construction of this proposed facility was started under a building peg°mit issued for a garage remodel at this address, but that construction halted when the City observed that compliance with the permit was not being followed and a "stop work" order was i-sued. Mr. Callaway went on to state that staff has several concerns with respect to this request, including the fact that. by locating the structure only 8 feet from the residence on this lot, the rear yard has been eliminated; no provisions have been made for screening this structure from the residential structure or from other residences on adjacent lots; the proposed use seems to be out of character with other residential lots in the neighborhood; the request does not appear to be consistent with previous church or residential site development in the City; and, the request provides for a "mixed use" permit which does not comply with ordinance • requirements for all portions of the project and is inconsistent with the purpose and intent of the City's plans and ordinances. 1 Mr MacGilvray asked if the structure had been built without a building permit and Mr. Callaway replied that the building permit had been issued for remodelling of a • garage, and when the front of this structure was observed a "stop work" order had been issued. Mr. MacGilvray asked if the construction which had taken place was not in accordance with the building permit which had been issued, and Mr•. Callaway clarified by stating that construction was not in accordance with what was understood by staff at the time the permit was issued. Zoning Official Kee added that the site plan she had reviewed with the applicant indicated that a workshop was being added to a garage, so when the building permit application came through, she assumed it was for the same project she had spoken to the applicant about and signed the permit. She went on to explain that although one of the situ plans with the permit (but which she did not notice} shows an "office, meeting room and bathroom", as well as a "commercial front with store windows", the structure does have some walls on the inside which were not shown on the building plans. Mr. Wendler asked if any of this building permit information had anything to do with action taken tonight, and Mr. Callaway replied that it does not, and had been furnished for information only. Mr. Kaiser asked if the purpose of its inclusion was to show what followed and Mrs. Kee stated that is correct, for that was when staff discovered the purposed use of this building and informed the applicant that he would have to apply for a conditional use permit for his proposed use. The public hearing was opened. Gordon Beall, the applicant, came forward to address the problems pointed out at the P.R.C. review of his site plan which included parking, continued use of the residential structure as rental property, the possible future use of this subordinate structure, and the location of the fire hydrant to be used in case of fire for this structure. He stated the Fire Marshall • has indicated the fire hydrant across Walton has been approved for use for this structure. Staff concurred. He went vn to address the possible parking problem, stating that 4 vehicles can be accommodated on this site, and that Mr. John Culpepper has stated to him that he will allow the members of this congretation to park on his property across and just down the street. He then asked permission to .hand out a reduced copy of the two site plans which accompanied his application for a building permit; one which he said was the surveyor's drawing of his lot with the garage and house shown, and the other which showed the floor plan of the proposed construction/remodelling of the garage. Mr. Paulson asked Mr. Beall how this second drawing differs from what. is there, and Mr. Beall replied that there is an additional interior wall which is not shown on this floor- plan. A rather lengthy question and answer session followed regarding whether or not Mr. Beall lives in the residence on this lot, if the subordinate structure is a new building, exactly what the request for Conditional Use Permit covers, uses to be made of the subordinate structure, how this oversight was made by staff. Mr. Beall answered that he owns the structures, but plans to rent the house and donate the use of the subordinate structure to the church, that the Conditional Use Permit is for the subordinate structure only, then referred to the letter accompanying the application which listed the various uses and numbers of people who would be using the subordinate structure, adding that he does not understand how any misunderstanding could take place, as he had included information on one of the site plans/floor plans that an office, meeting room and bathroom would be included in the remodelling of this garage, and also that a commercial front was being planned rather than a typical garage front to the building. Mr. Kaiser asked if the use of this subordinate structure was being requested for • only 2 years and Mr. Beall replied that is correct. Mr. MacGilvray pointed out that sometimes the building of a new church facility takes longer than is estimated. 2 Carol Bolton, 205 Walton came forward to speak in opposition to this request and • stated that she represents other neighbors within 200 feet of this structure who are concerned about the future use of this building after the church office/meeting room is moved to the new church facilities. Mr. Kaiser explained that when this permit expires, the applicant must reapply for a permit. He said that this Commission can attach time limits as well as other conditions on a Conditional Use Permit, and then further explained that once a permitted use is discontinued, any other use of the building would have to be reconsidered by the Commission. Ms. Bolton stated the neighborhood is concerned with the mixed uses on this lot as the house would be left with very little yardspace, and would therefore became unattractive to any family considering renting the house. She also mentioned that the proposed on-site parking spaces further cut into the remaining yard, and could become a nuissance factor which would discourage desirable rentors. She then asked if this parking area provided for turning around, and Mr. Mayo stated that it. is an acceptable plan. Mr. Wendler pointed out that the proposed arrangement would necessitate backing into the street from the parking area. Ms. Bolton said the neighborhood is also concerned with that, as it creates an even more hazardous condition than is already there. Neal Nutall, 300 Walton came forward and voiced concern of the neighborhood regarding the additional traffic and the on-street parking, adding that bath would add to an already existing problem, as the intersection of Walton and Foster has been the scene of several accidents and the addition of "transient" groups to and from this structure would add to the problem. He added that backing out of driveways into the street is already a problem, and safety of the residents should • be considered as many of them are aged and their reflexes are not as good as they once were. He said the office being used for counselling would make that traffic change every 45-60 minutes and this Commission should take into consideration the additional vehicles this type of use would generate. Ms. Bolton asked from the audience what would happen to the structure after the 2 year permit expired since it is very commercial-looking and Mr. Kaiser stated that any use other than those allowed in R-1 districts would be an illegal use. Discussion followed regarding whether or not this building could be used as an office by the resident of the house with Mrs. Kee pointing out that this building could not have any type of commercial use after being vacated by the church office. Jeff Schiffmayer, vicar of the church came forward to explain the meetings which would be held in this structure would be very small since his office would occupy the building also. Mr. MacGilvray asked how critical this structure is to the congregation and to the life of the church. Mr. Schiffmayer stated that. holding the meetings at the Canturbury House feels like an imposition to them and that he finds it difficult to operate his office out of his home with the only available secretaries being the part time secretaries at Canturbury House. In other words, there just is not roam for him to operate. No one else spoke. The public hearing was closed. Mr. Wendler said that many of the houses along Walton Drive appear to be rental homes with cars parked on the lawns, and his main concern is the drive on Walton Drive and how it will be used if there is no way to control that use. Mr. Paulson said that because the site plan which accompanied the building permit showed a commercial stare front, h.e feels staff should have noticed there was something out of the ordinary with this garage, • but also after the church moves out this structure will become an ideal place for some kind of small business, so he would feel more comfortable with this permit if no off--street parking were included in the site plan. Mr. Wendler stated he would 3 ~,~ almost agree with Mr. Paulson that perhaps 2 parking spaces only should be included • on site with the rest of the parking supplied by Mr-. Culpepper. Mr. Mayo stated that would be unrealistic unless Foster Street was signed for no parking. Mr. Brochu stated that the proposed mixed uses on this lot represent his major concerns, and this proposed use of this garage is not like a church building, and with the lack of setbacks, yard spaces, buffers, etc. he is worried about the impact this would have on the neighborhood. He added that this lot is very small and it just seems to be too much in too little an area. Debbie Gilman asked to address the Commission from the floor and permis:oion was granted. She said her father owns the property at 203 Walton and that he is concerned with the property value of the neighborhood if this structure is used for commercial purposes. She added that traffic is already heavy in this neighborhood and that she (and her father) are against this. Mr. Paulson said that he is bothered that an error of this magnitude was not caught earlier as this applicant is out quite a bit of money, and he was not trying to cheat someone. Mr. Mayo cautioned that whatever happened regarding the building permit should not be applied to whether or not a Conditional Use Permit should be issued for this proposed project. He added that staff will endeavor to insure that things of this nature are prevented From happening in the future, but that really does not have anything to do with this permit. He continued by explaining that the only reason staff considered this project as possibly being eligible for• a Conditional Use Permit is not for the proposed church office, but rather because of the inclusion of the meeting place for members of the congregation in the regquest. The office alone would have to go into a commercial zoning district. Mr•. MacGilvray asked if the priest could use this as his office if he lived in the • house, and Mr. Mayo replied that he could not; that his office would have to be inside the home. Mr. Kaiser clarified by stating that the church needs an office, so we're stretching the possible uses to include incidental meetings which might take place, but it seems to him that the primary need is for an office for the vicar and that makes this request different from any other church this Commission has ewer considered. He added that if this use were approved, after that use expired, the structure would still be there and could be injurious to the neighborhood in the future, therefore he is opposed to this request. Mr. MacGilvray pointed out that the most important point of this last discussion is that the office represents the primary use with the meeting room as a secondary use, adding that what is even more interesting is that the meeting room would cause the greatest traffic in-pact. Discussion ended and Mr. Brochu made a motion to deny this request for a Conditional Use Permit far the subordinate structure at 201 Walton. Mr. MacGilvray seconded the motion which carried by a vote of 3-2 (Paulson & Wendler against the motion to deny). AGENDA ITEM N0. 4: 85-706: A public hearing on the question of granting a Conditional Use Permit for an addition to the existing St. Mary's student center at 103 Nagle. Applicant is St. Mary's Church. Mr. Callaway explained the request is for an addition to an existing use, he painted out area zoning, existing uses in the area, and the fact that the area is • reflected as commercial on the land use plan. He stated staff recommends approval of this request with P.R.C. recommendations. Brief discussion followed regar-dirig the parking spaces around the lot with Mr. Callaway explaining that parking was 4 ~i~ established earlier than the current ordinances and is considered to be legal • parking, although it would not be allowed under current ordinances. The public hearing was opened. No one spoke. Public hearing was closed. Mr. Paulson made a motion to approve this Conditional Use Permit. Mr. Wendler seconded the motion which carried unanimously (5-0). AGENDA ITEM NO. 5: 85-707: A public hearing on the question of granting a Conditional Use Permit for establishing a church in an existing retail space (Suite 102) in the College Station Business Center at 1501 F.M 2818. Applicant is Thomas M. Brown for South Park Evangelism Center. Mr. Callaway explained this request, located the commercial facility in which this use would be located, and pointed out that although this area is zoned for commercial uses, churches are conditional uses under the provisions of our ordinance and must be ruled on by the Commission. He added that this project was reviewed by the P.R.C. and staff recommends approval in accordance with that. report. Mr. Brochu asked if the owners have indicated any problem with the limitation this will place on the remaining uses within this commercial facility and Mr. Callaway x•eplied that the owners have been apprised of the limitations which will result and staff has heard of no problems they might have. The public hearing was opened. Thomas Brown, pastor of the church came forward to answer any questions, adding • thex•e is one small change he would request, that being to change the square footage from 1467.5 to 1488. After brief discussion regarding what type rooms t;his use. would contain, Mr. Kaiser asked if the 2 year time period suggested by t;he P.R.C. would be sufficient and Mr. Brown replied that he did not anticipate an}~ problems with that time period, but of course, even conct•ete plans do not alway materialize as anticipated. Florence Madison, Vice President of Texas Land company, the owner of this center came forward and stated this is the first request in this area for this type of facility, but that the owners are willing to put into writing that no liquor store will be allowed within 300 feet of this church, and further, that they would like for this lease to extend beyond 2 years if that is necessary. Mr. Brochu asked if the owners are willing to designate the change of uses which will be allowed in that building as a result of approval of this Conditional Use Permit and Ms. Madison said they are willing to write a letter to that effect if necessary. It was pointed out that ordinance will regulate that, should the question arise. No one else spoke. The public hearing was closed. Mr. MacGilvray made a motion to approve this request for a Conditional L(se Permit for a church up to 1500 square feet for a two year period in the Colleges Station Business Center. Mr. Brochu seconded the motion which carried unanimously (5-0}. AGENDA ITEM N0. 6: 85-211: Final Plat - Southwood Valley Section 25A. Mr. Ma o ex lained this lat which is almost identical t Y P P o the approved Master • Preliminary Plat, with minor changes, and stated that staff recommends approval as shown. Mr. MacGilvray asked if staff checks all the dimensions on a final plat if 5 ~,~ ~~ no Presubmission Conference is held and Mr. Mayo said the plat is checked enough to satisfy staff that no major changes are being planned. Mr. Paulson asked what • "slope control easements" are and Mr. Dryden, engineer f'or the applicant; came forward to explain. He also explained that the actual number of lots ors this final plat are fewer than was shown on the Master Preliminary Plat, with the Y•esult being that at least two lots are larger on this plat. Mr. Brochu made a motion to approve this plat as shown with Mr. Wendler seconding the motion. Motion carried unanimously (5-0). AGENDA ITEM N0. 7: 85-306: Master Preliminary Plat - Belmont Place. Mr. Mayo explained the plat and located the land, adding that one lot is the proposed Humana Hospital site. He pointed out the note regarding sign control and the access easement on Lot 1 (referred to in the Presubmission Conference report) should be included on the final plat. He then stated that staff recommends approval with Presubmission Conference conditions. Mr. Wendler made a motion to approve with Presubmission Conference conditions. Mr. Paulson seconded the motion which carried unanimously (5-0). AGENDA ITEM N0. 8: 85-307: Master Preliminary Plat - Nantucket Phase 3 (ETJ). Mr. Maya explained this plat and located the land, adding that staff recommends approval as shown. Mr. Kaiser asked if there had been one Master Preliminary Plat for this subdivision or individual preliminary plats and Mr. Mayo & ap licant Ms. P Hobson stated there had been individual preliminary plats. Mr. MacGilvray made a • motion to approve this plat as shown with Mr. Wendler seconding the motion. Motion carried unanimously (5-0}. AGENDA ITEM N0. 9: Consideration of establishing policy regarding signs for conditional uses in agricultural and residential zoning districts. Mr. Mayo explained this item is on the agenda for consideration because many applicants, churches in particular, do not include signage plans with the original Conditional Use Permit site plan, and staff is asking for this Commission to approve the policy that staff can approve permits for low profile signs in residential and agricultural zoning districts, with the stipulation that any unusual requests must come before the Commission for consideration. Discussion followed regarding various possible problems with establishing this policy, including unsightly signs, complaints from adjacent landowners, and establishing policy not covered by ordinance. The end result of this discussion was that Chairman Kaiser directed staff that all Conditional Use Permits already issued which did not include signs on the site plans must came back before this Commission for additional Conditional Use Permits to cover any signs, and that all future requests for Conditional Use Permits should include sign requests on the applications. AGENDA ITEM N0. 10: Other business. Mr. MacGilvray asked about the banners and flags appearing around the City and • Zoning Official Kee explained they have always been permitted and staff believes this is just a fad. Mr. MacGilvray then asked about the possibility of the City controlling cars which have been parked in yards. Mr. P9ayo explained that the City 6 has tried to find a way to control this, but has not to date. • AGENDA ITEM N0. 11: Adjourn. Mr. Wendler made a motion to adjourn with Mr. Brochu seconding. Motion carried unanimously (5-0). APPROVED: Chairman, Ronald Kaiser ATTEST: ----------------------------- City Secretary, Dian Jones • i• 7 PLANNING AND ZONING COMMISSION NAME 2. 3. 4. 5. 6. 7. 8. 9. lo. 11. ~- 12. 13. 14. ~s. 16. 20. 21. 22. 23. • 24. 25- DATE June 20, 1985 ~a f:~ ADDRESS ~ ~ „(~~ ~0' ~ ~ ~"~~ ~~ r ' CL~ r` t ` L ~,. ~ .~_ 5~..- r. ~f ~`.,.. ~ i _.., ad_71 b Trt ~ooc le ~ . ~~2 ~, r* ti, 7 ~ -7 ~ 6'~ 3 °~~~ ~ft~~ ~~~N- ~ o t `t.Ja..~.,~ v( ~l ~~ ~~Tl -~ ~.. ». l i oTff ~ l2 /~ ~lunsa'r~ 19. GUEST REGISTER ~. ~. sue. ~~_~r~. ~, *** REGISTRATION FORM *** (FOR PERSONS WHO WISH TO ADDRESS THE COMMISSION) r Date of Meeting ~ f~ ~ ~ ~~ Co /mmisslon Agenda Item No, ~~ - 7 ~ -S Name ~ rGD ~ /y ~~ /JI (,_ Address ~J~, ~„ G{ (.t. ~.., vvt..C~ ~ O ~I , o57'"ct -1~ 2 7 ~~~ House No. Street T Cit~ • IF SPEAKING FOR AN ORGANIZATION, Name of Organization: ~ ~~. ~'~.~ eons Clc.~-UGC,, And, Speaker's Official Capaelty~~jj: _/ SUBJECT ON WHICH PERSON WISHES TO SPEAK ~K ~~ Please remember to step to the podium as soon as you are recognized by the chair; hand your completed registration form to the presldin9 officer and state your name and residence before beginning your presentation. If you have written notes you wish to present to the Commission, PLEASE FURNISH AN EXTRA COPY FOR COMMISSION FILES. The Commission will appreciate each speaker limiting an address on any one Item to flue minutes. Thank you for your cooperation. • *** REGISTRATION FORM *** (FOR PERSONS WHO WISN TO ADDRESS THE COMMISSION) Date of Meeting b' ~-F-/' ~~ Commission Agenda Item No. ~ ~ 7~ Name ~ ~~~~~ Address ~~ -N/It( tC.rl, ~ ~`~ House No. Street City ' • tF SPEAKING FOR AN ORGANIZATION, Name of Organization: ~~~, ~'`:~lr',}~b`TS Cpl"' ~ ~~-`C~' ~~--, And, Speaker's Official Capacity: SUBnJECT ON WHICN PERSON WISHES TO SPEAK ~(~~c-~~ Please remember to step to the podium as soon as you are recognized by the chair; hand your completed reglstratton form to the presiding officer and state your name and residence before beginning your presentation. If you have written notes you wish to present to the Commission, PLEASE FURNISH AN EXTRA COPY FOR COMMISSION FILES. The Commission will appreciate each speaker limiting an address on any one Item to flue minutes. Thank you for your cooperation. *** REGISTRATION FORM *** (FOR PERSONS WHO WISH TO ADDRESS THE COMMISSION) Date of Meeting Commisslon Agenda Item No. ~ ~~ ~~ Name ~GJi¢ I /V(~ LET~'l/ ~~iy Address 3oa (/j/iQ~TON t~i. ~~ Si House No. Street City • IF SPEAKING FOR AN ORGANIZATION, Name of Organization: ~~~.~[~ And, Spe ker's Official Capacity: ,SUBJECT ON WHICH PERSON WISHES TO SPEAK r ~yGrwb_'f ~ -~0 e , Please remember to step to the podium as soon as you are recognized by the chair; hand your completed registration form to the presiding officer and state your name and residence before Deglnning your presentation. If you have written notes you wish to present to the Commission, PLEASE FURNISH AN EXTRA COPY FOR COMMISSION FILES. The Commisslon will appreciate each speaker limiting an address on any one Item to flue minutes. Thank you for your cooperation. • *** REGISTRATION FORM *** (FOR PERSONS WHO WISH TO ADDRESS THE COMMISSION) ~/~ Date of Meeting ~ ! I Commission Agenda Item No. ~`~I / ~/ C~ ~J Name Add re r~~ • IF SPEAKING FOR AN ORGANIZATION, ~ ~ ~ ~~~~~ Name of Organlzatio ~1 And, Spea er's Officia~paclty: . '~ ~~ ~ SUBJECT ON WHICH PERSON WISHES_TO SPEAK ~'lea•a remember to step to the podium as soon as you are recognized by the chair; hand your completed registration form to the presiding officer and state your name and residence before beginning your presentation. If you have written notes you wish to present to the Commission, PLEASE FURNISH AN EXTRA COPY FOR COMMISSION FILES. The Commission will appreciate each speaker limiting an address on any one Item to flue minutes. Thank you for your cooperation. tr u *** REGISTRATION FORM *** (FOR PERSONS WHO WISH TO ADDRESS THE COMMISSION) Date of Meeting G ~ L ~ ~ S' Commission Agenda Item No. d r~ 7~ ~ Name 1~~e u ~ ~~~rx. A-S/ /l.1 • ~nJ n20 w(a~ Address ~~ / 0 7p'G~O,~ ~ ~ Q2ti~ ~ ~ 7~ X ~ I House No. Street Clty -~ 7 ~ 3 • IF SPEAKING FOR AN ORGANIZATION, Name of Organization: so~~ P~ ~c ~~~~se(~3~, ~~ ~ And, Speakenr's Offrlcial, Capacity: I !h S ~iv tl` . SUBJECT ON WHICH PERSON WISHES TO SPEAK ``,, ~~ / ~ '(/ yr/ (.f p S ~n d/~ ~`F~'l e U ~ ~ C k-`t,Kc~l Please remember to step to the podium as soon as you are recognized by the chair; hand your completed registration form to the presiding officer and state your name and residence before beginning your presentation. If you have written notes you wish to present to the Commission, PLEASE FURNISH AN EXTRA COPY FOR COMMISSION FILES. The Commission will appreciate each speaker limiting an address on any one Item to flue minutes. Thank you for your cooperation.