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HomeMy WebLinkAbout11/17/1988 - Minutes - Planning & Zoning CommissionMINUTES • CITY OF COLLEGE STATION, TEXAS Planning and Zoning Commission November 1.7, 1988 7:00 P.M. MEMBERS PRESENT: All present (Moore arrived during staff report of agenda item no. 3) MEMBERS ABSENT: None (no replacement appointed to fill vacancy left by Mr. Ste=.aart's resignation) STAFF PRESENT: Director of Planning Gallaway, Senior Planner Kee, Gity Engineer Pullen, Assistant. City Attorney Banks and Planning Technician Volk AGENDA ITEM N0. 1: Approval of minutes - meeting of November 3, 1988. Mr. Colson made a motion to approve the draft minutes as submitted. Mr. Dresser seconded the motion which carried unanimously (5-0). AGENDA ITEM NO. 2: Hear visitors. No one spoke. AGENDA ITEM N0. 3: 88-108: A public hearing on the question of rezoning Lots 12, 13 8~ 14 Block A College Heights subdivision from A-P to G-1. Applicant is D 8~ S Investments. Owners are Michael Renghofer, Jane R. Ingram, Theresa R. Picket, and Mr. & Mrs. McNeil Fick. Chairman 5awt:elle announced that Mrs. Davis would be abstaining from participation in this item. Mr. Callaway gave a slide presentation of the specific site and area land uses in conjunction with his verbal staff report in which he explained the request, described the physical features of the 3 lots, identified area land uses and explained that the area is reflected as commercial and office-commercial on the land use plan, with Jane Street. serving as the dividing line between existing commercial and office-commercial areas. He explained that although the lots are in an area which is zoned A--P, this older neighborhood has been predominantly developed and used for residential purposes, with several of the structures having been redeveloped or converted into office or other related uses. Mr. Callaway pointed out that the applicant states in the application that the proposed zoning would be genet•ally in compliance with the comprehensive plan, and although the comprehensive plan reflects the area as commercial; office-commercial, the statement could be made in relationship to the development policies that recommend commercial development at intersections and locations of higher intensity uses along the periphery of a neighborhood. Mr. Callaway then informed the Commission that staff has identified several concerns relative to commerciaa a.oni.ng at this location, those being (1)because of the way the area is developed, any commercial zoning granted would abut existing single family residences; (?)the current A-P zoning is in compliance with the land use plan; and, (3}the proposed C-1 area has less depth than recommended in development. policies. Mr. Michel. asked if the staff knows of any other instances where C-1 lots abut R-1 lots and Mr. Gallaway replied that he does not know exactly how often this has happened, but he cited several. examples of areas where this has occurred. Mr. Michel Mien asked what the recommended depth of C-1 zoning would be and Mr. Callaway x•eplied the recommended minimum depth is 400 feet. Mr. Gallaway then informed the Commission that the applicant has requested that the public hearing be held at this meeting, but would like for the item to be tabled before a decision regarding the request is made. There were no other questions at this time, so the public hearing was opened. John Clark came forwax•d and identified himself as an owner of a rent house on Eisenhower ;in the area), and asked what the exact. use will be. Mrs. Sawtelle explained that no specific use is considered in a rezoning request, but rather, all permitted uses in the zoning district must be considered as possible, for once an area is designated a specific zoning district, any permitted use will be allowed by the Gity in that. area. Mr. Clark stated he is speaking neither for nor against. the request, and Mrs. Sawtelle advised him to consider the "worst case scenario" in making his decision. No one else spoke. The publir_ hearing was closed. Mr. Colson stated he is happy that the applicant has requested tabling of action on this item, for he is not comfortable in changing the zoning of 3 small lots in this area which is still used as residential. Mr. Colson then made a motion to table additional consideration of this item until a later date. Mr. Michel seconded the motion to table. Mr. Michel and Mrs. Sawtelle agreed with Mr. Colson that they, too, have concerns about rezoning 3 small lots in one block which is primarily used for residential purposes. Votes were cast on the motion to table, with the results being 5-0--1 (Dav:is abstained) in favor of the tabling action. Mr. Callaway stated staff will notif3= the property owners within 200 feet of the tabling action, whiclz will most probably affect the date of the public hearing before the City council. AGENDA ITEM N0. 4: 88-415: Consideration of a request for approval of a temporary gravel overflow parking lot at the Gedar Creek Condos located in the One Lincoln Place subdivision. Request is in the name of T.G. 8~ L. Developers (Damon Tassos & Jack Goebel}. Mrs. Kee identified the complex and site of the temporary gravel parking lat. She described the entire site and gave a slide presentation to better explain and describe the project. She referred to the P.R.G. report in which the Assistant City Engineer indicated the surface is acceptable for a temporary parking lot, and in this particular case, will help control any negative drainage impact a more permanent surface would have. She continued her report by stating that Mr. Smith had also indicated during the P.R.C. review that because access to this lot is to a private easement rather than a public right-of-way, tracking of mud will not be a problem, but that dust could become a problem, and it may become necessary for the applicant. to periodically water-dawn the surface. P&Z Minutes 11-17-gg page 2 • Mrs. Kee then described the physi.ral features of the lest as listed by the applicant. at the review, and informed the Commission that the P.R.G. vested to recommend approval of this lot, with the 12 month period to be established by the ent=ire Commission at this meeting, if it also approves the lot. Mrs. Sawtelle stated that although this item is not being considered in a public hearing, she would like to invite the applicant to address the Commission if he wished. Damon Tassos came forward and offered to answer any questions the Commissioners might have, and then described the lot and .listed the reasons far needing the lest as being a change in the use of the project, that is, from the original planned use as owner-occupied condos, to rental apartments primarily used by students who seem to have more vehicles than owners would. He stated that t:he project had originally met code requirements for parking, but this change in use has caused many tenants to park in "Tow Away" zones, and therefore many have been towed away, and have requested numerous times for he and his partner to pay the towing fees. He said this lot was left over from when the praject was under construction, and they (the owners) had decided to put the empty gravel lot to use as an overflow lot to accommodate the many vehicles of the tenants. In answer to a question, Mr. Tassos provided the information that this project is 100.% occupied. After additional discussion, Mr. Dresser stated that this particular lot seems to fit the reason the ordinance was amended to allow temporary, overflow parking lots, and he thinks that it is appropriate, and then made a motion to approve the use of this temporary, overflow gravel parking lot. Mr. Moore seconded the motion. Mr. Michel asked when the 12 month geriod would commence adding that he thinks that • should be part of the motion. He then made a motion to amend the original motion to set the 12 month geriod of time beginning at this meeting on 11-17--88. Mr. Colson seconded the amendment. Votes were cast an the motion as amended, and carried unanimously (6-0). AGENDA ITEM N0. 5: Other business. Mr. Dresser affered comments an the temporary parking ordinance, and suggested that perhaps the parking required far apartments should be rec«nsidet•ed in light of the information presented by Mr. Tassos at tonight's meeting. Mrs. Kee explained how the new ordinance differs from the old ordinance. Mr. Colson said he would like to know if this particular project would comply under the existing ordinance, and he would also like to see same kind of comparison made with other University cities regat-ding the required parking for large and small apartment complexes. Mr-. Dresser then asked what progress had been made on the landscaping requirements far the Northgate area, and if any kind of joint meeting had been scheduled between the staff, the Commission and the Northgate Merchant's Association. Mr. Callaway replied that no additional. progress has been made nn the requirements, that contact. has been made with the Merchant's Association, but the association has not been active this fall., and no joint meeting has been scheduled. Mr. Dresser said that, if the Merchants do nest want to address this issue, then it should come back to the Commission for finalization. Mr. Gallaway announced • the portable barbeque plans to move it, but building and business that the porch-like structure which had been construcaed trailer will have to be moved, and the applicant has made another application will loan be processed far a different at that location. over type P8:7 Minutes l l --17-$8 Page 3 AGENDA ITEM N0. 6: Adjourn. Mr. Michel made a motion to adjourn. Mr. Golson seconded the motion which carried unanimously and the meeting was adjourned after Mrs. Sawtelle reminded everyone that the next meeting will be held on November 30th instead of December 1st, to accommodate the rescheduled Aggie football game with Alabama. APPROVED: ,~ ~ ;~ ~ // ~ n Chairman, Nan y Sawtelle ATTEST: City Secretary, Dian Jones U • P&7. Minutes 11-17-88 Page 4 AFFIDAVIT S THE STATE OF TEXAS § COUNTY OF ~R~~ § ~ _ I, ~/~:~~~t a ---- - -- -- Cit council tom iss~t3oard _ as a member of the y )_ make this affidavit and hereby on oath state the following: I, and/or a person or persons related to me, have a substantial interest in a business entity that would be peculiarly affected by a vote or decision of the (city council. comm~ssron or hoard) as those terms are defined in Article 988b. V.T.C.S. ,~~.Airvru~~ ~ -tea ~ The business entity is _____V--__ _ _ (~ameandaddress) ~~ ,,(~~``~ ~~~ ("l" or name o~relative and relat~onsr,~l,) _ have/has) a substantial interest in this business entity for the follow~in~g reasons: (check all which are applicable). ~J Ownership of 10% or more of the voting or shares of the business entity. ^ Ownership of 52.500 or more of the fair market value of the business entity. ^ Funds received from the business entity exceed 10% of (my. ner, nis) income for the previous year. ^ Real property is involved and (l. ne. sne) have an equitable or legal ownership witf~ a fair market value of at least $2.500. ^ A relative of mine has a substantial interest in the business entity or property that would be affected by a decision of the public body of which I am a member. Upon the filing of this affidavit with the (city clerk or secretary) , I affirm that I will ' abstain from voting on any decision involving this business entity and from any further participation on this matter whatso/ev~ler.G~ ~/ Signed this / 7 ~ day of _ ) , tgg d - Signature of official Title BEFORE ME, the undersigned authority, this day personally appeared ~ d on oath stated that the facts hereinabove state>d~/are true to the best of (nisi er) knowledge or belief. Sworn to and subscribed before me on this __L /~_~ da of 1~ d (1-. . 1 8 Y. - - -- ~-- No ary Public in and for t State of Texas My commission expires (~ -~~' ~~ • 88~ 141. ~l ~+1~A ~TEM ~3 s ~a~~t) ~ f~cc~~°~~rt f f}S Bg /D~. ~~ STATE OF 'TEXAS i COUNTI OF BRA7.OS ) AFFIDAVIT BEFORE ME personally aF a local public official on the of the City of College Station, Texas, and stated the nature and extent of his/her interest in the following matter, to-wit: ~ ~ -1 a~9,~;r to be as follows: . The Affiant further told me that he/she would abstain from any vote or decision concerning sa ause o the above-mentioned interest in the action. of ry Public in and fo Bra s County, Tx. My commission expires: -' - THIS AFFIDAVIT MUST BE FILED WITH THE CITY SECRETARY FOR THE CITY OF COLLEGE STATION, TEXAS It PLANNING AND ZONING COMMISSION GUEST REGISTER • DATE November 17, 1988 NAME ADDRESS 1. 2. 3• 4. 5. 6. 7• 8. 9• lo. 11. • 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23• 24. ~ ~ , .~ ~,/ I~ 7 f 'J .~ ,. '~ 25.