HomeMy WebLinkAbout01/07/1988 - Minutes - Planning & Zoning CommissionMINUTES
• CITY OF COLLEGE STATION, TEXAS
Planning and Zoning Commission
January 7, 1988
7:00 P.M.
MEMBERS PRESENT: Chairman Brochu, Members Colson, Dresser,
Sawtelle and Stewart
MEMBERS ABSENT: Members Moore 8 Wendler
STAFF PRESENT: Director of Planning Callaway, City Engineer
Pullen, Planning Assistant Johnson and Planning
Technician Volk
AGENDA ITEM N0. 1: Approval of Minutes - meeting of December 17,
198?.
Mr. Stewart made a motion to approve the minutes. Mrs. Sawtelle seconded the motion
which carried unanimously.
AGENDA ITEM N0. 2: Hear visitors.
No one spoke.
AGENDA ITEM N0. 3: 88-100: A public hearing on the question of
rezoning Lots 1-6 and 22 Block 11 Boyett subdivision from C-1
• General Commercial to C-NG Commercial Northgate. Applicant is
Don E. Anz. Owner of property is the Gity of College Station.
Mr. Callaway explained the request is to expand the G-NG zoning district to include
the subject tracts which are the site of the old City Hall. He stated the buildings
on the site are vacant, there are City-owned vacant lots to the north, a residential
area comprised primarily of apartments to the east, commercial and apartment areas to
the south and Texas A8:M to the west across Wellborn Road and the railroad. He
pointed out that the area is reflected as commercial on the adopted land use plan,
and it is currently zoned C-1 General Commercial. He briefly reviewed engineering
comments which note that the 2" waterline serving the tract is not adequate for fire
protection, and the existing sewerlines will need to be upgraded.
Mr. Callaway commented that the requested zone change would provide for an expansion
of the Northgate special district, and although it does not provide for a substantial
change in permitted uses, it would include R-6 uses and provide for reduced setback
requirements. He caent on to state that staff has no objections to the range of uses
that the requested zoning would allow at this location, and after consulting with the
Legal Department regarding whether or not this request should actually be considered
since it would involve changing the boundaries of a special zoning district which is
not found in any other part of the City, it was determined that the request could be
made. He emphasized the fact that the real issue is not one of uses allowed, but
rather whether or not the special zoning district should be expanded.
The public hearing was opened. Don Anz, applicant and owner of Deluxe Burger Bar and
La Taqueria, who also recently leased the subject land from the City, came forward
• and stated that he wants to put a restaurant in the old City Hall, and would like to
do it with the least amount of expense possible, and he believes changing the
district to G-NG wauld cut down on his expenses. He stated that he would have plenty
of parking on the site, so he would not be adding a burden to an already existing
parking problem in the area, but he would like to put in a gravel lot behind the
• building similar to the one behind the Deluxe Burger Bar.
Mr. Colson stated that although he thinks the idea is a good one, he wanted to point
out there is already a parking problem in this area, and part of the land included in
this request is already being used for parking for La Taqueria. Mr. Anz replied that
there will be 65 spaces available on the land he is leasing, and eventually he will
probably be able to work out some kind of arrangement with the owner of the gravel
lot behind Deluxe Burger.
Mr. Dresser asked how development in the C-NG district can be less expensive than it
is in a C-1 district, since many of the items listed as changed or changing
conditions on the application will have to be carried out anyway. He went on to
state there are avenues to take to request variances to certain requirements that
this Commission cannot consider, and then asked staff if setbacks must be met before
the building can be used. Mr. Callaway replied that the setback problem must somehow
be resolved, adding that the building is now considered a non-conforming structure
and the change of use in the C-1 district would require taking a request before the
Zoning Board of Adjustment.
Mr. Dresser said that is exactly what he is getting at; that it is a non-conforming
use now, but there is a procedure to deal with that if the user wants to deal with
it. He added that in addition to the use, there are parking lot standards
which apparently the applicant does not propose to meet. Mr. Anz replied that it is
his intention to finish about one-half of the lot in a manner similar to the "Mudlot"
(a commercial parking lot) further to the east.
• Mr. Callaway interjected that the surface of a parking lot is an issue separate from
zoning, and should be addressed when the project is proposed and reviewed by the
P.R.C. He added that just because a parking lot is in the Northgate zoning district
does not mean that the surface does not have to be the standard blacktop or concrete
surface. Mr. Dresser agreed, adding that the surface of a parking lat has nothing to
do with the Northgate zoning district, and there is an avenue to deal with it, just
as there are avenues to follow regarding the electric drops, setbacks, etc. which are
mentioned on the application, but which have nothing to do with the Northgate zoning
district.
Bill O'Brien, contractor for the groposed subject project came forward and spoke of
the existing meters, electric drops and type of service which will be required for
the project, and how they relate to setback requirements in the Northgate district.
He also mentioned that there is a possibility of proposing some type of landscape
barrier to discourage vehicles from cutting across the corner of the property. He
stated that he would pref°r to operate in the C-NG zoning district in order to avoid
having to go to various boards to request variances, and it appears to him to be
easier to redevelop existing facilities in the C-NG district. He said that by making
this tract G-NG would bring all restaurants owned by this one person under the same
rules, which would make them easier to manage, and perhaps sell in the future. He
stated he would also like to postpone a hard surface for the parking lot until the
proposed restaurant starts to pay, but he would try to make it look as good as
possible with as small an expense as he could manage.
No one else spoke. The public hearing was closed.
• Mr. Stewart said that in the C-NG zoning district there are no prescribed regulations
regarding parking lots, so there would be no reason to even include a parking lot.
PAZ Minutes 1-7-$8 Page 2
Mr. Brochu stated there are no set ordinance requirements for parking in the C-NG
• district, but parking requirements are set on an individual case-by-case basis by the
Project Review Committee, and it is not automatic that there is no parking
requirements for projects in the C-NG zoning district. He went on to remind everyone
that this issue tonight goes beyond this specific project, and how the future is
affected must be taken into consideration.
Mr. Brochu then read the Purpose statement from the Zoning Ordinance regarding the C-
NG Commercial Northgate: "The area described herein is determined to be unique and
to contain some historic significance; therefore, this special zoning district shall
apply only in this area and shall incorporate regulations designed to aid development
and redevelopment in a manner compatible with the character of the area...". He
explained that this particular rezoning issue is different in that approving it would
be re-creating a special zoning district which was created only after a very
detailed, lengthy study.
Mr. Gallaway agreed adding that when considering this request, the Commission should
look at whether or not the special Northgate zoning district should be changed.
Mr. Brochu said that he has a real concern with changing this district, adding the
question of whether the C-NG district is the proper zoning for the specific tract
must be addressed, but if the district configuration is changed in this instance,
what is to keep still another restaurant located just over the bo der from requesting
equal treatment. He stated that the Commercial Northgate zoning district was meant
to address a specific character of a specific area, and he does not think changing
the boundaries of this special district for one project is a wise thing to do. In
addition, he stated that he does not see anything in the application which addresses
• a good reason for a zoning change since all proposed plans can be carried out under
the existing G-1 General Commercial zoning district.
Mr. Stewart agreed caith Mr. Brochu and added that most of the variances which would
be required could be handled with one application. Mr. Dresser reminded everyone
that this Commission does not recommend anything to other boards regarding variances,
nor does it answer far anything those boards or the P.R.C. does, but he does want the
applicant to know that there are places to address the problems mentioned. Mr.
Stewart stated that he thinks Mr. Dresser is right, and he just wanted to point out
that rezoning this particular piece of property is not the proper avenue to take, and
there are other ways to address the problems. Additionally, Mr. Stewart wanted to
remind the applicant that the area is already congested, and he would caution him not
to add to the congestion.
Mr. Brochu said this particular piece of property is a large one and a lot can be
done with it - there seems to be room to grow, whereas the properties in the C-NG
district mostly cannot be changed.
Mr. Colson stated that this is an old, existing building which is non-conforming, and
perhaps should be in the C-NG zoning district, and suggested that he would prefer to
give C-NG zoning on 2 lots, and to leave the rest zoned C-1. Mr. Stewart asked Mr.
Brochu if this Commission can do that and Mr. Brochu said he believes it can, but
pointed out that may not be what the applicant wants.
Mr. Colson said that he does not believe an area can be aligned permanently with
something on one side of a line in and the identical same thing on the other side of
the line out. Other Commissioners disagreed with Mr. Brochu pointing out that the G-
NG district is well defined and not just a line on paper. Mr. Stewart expanded that
idea, stating that "Northgate" has always been considered the area close to the north
PAZ Minutes 1-7-88 Page 3
gate, and close to University Drive, and this location is neither, and he personally
• has never considered it as being in "Northgate". Mr. Stewart went on to state that
he would feel more comfortable considering this request if there were not other ways
to use the property.
Mr. Stewart then made a motion to deny this request. Mr. Dresser seconded the motion
which carried by a vote of 4-1 (Colson).
AGENDA ITEM N0. 4: 87-217: Final Plat - Replat of Haney Highway
Six Addition.
Mr. Callaway explained that this replat is for purposes of easement abandonment and
rededication for the Haney Highway 6 subdivision, and has been prepared as part of
the rezoning activity underway on the tract, and also fulfills the City's part of the
agreement. He went on to explain that there is the possibility that this plat may be
changed prior to official filing, to change the lot lines, but at this time, staff is
recommending approval of this plat.
Mr. Brochu asked if the previously considered rezoning is conditional on this plat
and some other agreements between owners and Mr. Callaway replied it is still
conditional on the filing of a plat which is agreed to by owners, and also to certain
deed restrictions agreed to by owners of this subdivision and the residents along
Mile Drive. Mr. Dresser asked why the various required signatures do not appear on
this plat and Mr. Callaway replied that the City prepared this plat in accordance
with its part of the agreement, but the owners of the subject land have not yet
signed the plat. Mr. Brochu asked why this Commission is considering this plat if,
in fact, it may not be the official final plat of the land and Mr. Callaway replied
• that it represents part of a 3-party agreement; with the City agreeing to prepare
Mr. Dresser made a motion to approve this plat as presented; Mr. Stewart seconded the
motion which carried unanimously (5-0).
this plat which fulfills the City's part of the agreement. Mr. Brochu asked what
impact this plat would have on Tenneco, adding that no statement from Tenneco has
been presented to this Commission. Mr. Callaway replied that Tenneco must sign the
plat because the easement crosses its property, and a representative from the group
requesting the plat/rezoning has indicated Tenneco is agreeable and will sign the
plat.
AGENDA ITEM N0. 5: Other business.
Mr. Callaway referred to a document handed out prior to the meeting which represents
action taken by the Commission (as understood by staff} toward revising the Goals
Objectives of Plan 2000, and stated the only section left is that covering Citizen
Participation, which will be included on the next agenda.
In response to a question from Mr. Brochu, Mr. Callaway stated that staff has had no
response from Aldersgate Methodist Church to the letter sent by staff regarding the
additional, unapproved gravel parking lot on the site, but assured the Commission
that staff will follow-up within the next couple of weeks if it continues to receive
no response from the church.
AGENDA ITEM N0. 6: Adjourn.
• Mr. Colson made a motion to adjourn; Mrs. Sawtelle seconded the motion which carried
unanimously (5-0}.
PAZ Minutes 1-7-88 Page 4
APPROVED:
•
•
C]
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Chairman, David Brochu
ATTEST:
City Secretary, Dian Jones
PB:Z Minutes 1-7-88 Page 5
PLANNING AND ZONING COMMISSION
GUEST REGISTER
DATE January 7, 1988
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