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HomeMy WebLinkAbout09/05/1991 - Minutes - Planning & Zoning Commission MINUTES CITY OF COLLEGE STATION, TEXAS 7:00 P.M. September 5, 1991 • MEMBERS PRESENT: MEMBERS ABSENT: Planning and Zoning Commission Chairperson Sawtelle, Colson and Smith. Member Michel. Members Esmond, Hall, Hawthorne, STAFF PRESENT: Development Services Director Ash, City Planner Callaway, Senior Planner Kee, Planning Technician Thomas, Staff Planner Kuenzel, City Engineer Pullen, Assistant to the City Engineer Morgan, Assistant City Manager Brymer and Assistant City Attorney Nemcik. (Council Liaison Crouch was in the audience.) AGENDA ITEM NO. 1: Approval of Minutes -Meeting August 15, 1991. Mr. Colson moved to approve the minutes of the meeting of August 15, 1991 as written. Mr. Smith seconded the motion which passed unopposed (6 - 0). AGENDA ITEM NO. 2: Public hearing to consider a conditional use permit request to allow an additional parking lot for the existing Chili's restaurant to be located on Lot 8, Block 3 of the College Hills Subdivision (91-710) Staff Planner Kuenzel presented the staff report informing the Commission that the proposed site plan meets the technical requirements of the City's ordinances. The applicant is proposing 10' tall light fixtures that will extend above the 8' tall fence. Staff is concerned with the impact on adjacent residential property. Staff has received three inquiries concerning the use of this property. One of the residents did not want access to be provided to the restaurant from Foster. The site plan does not show a curb cut to that street. The applicant plans to screen the parking through berming and fencing in an attempt to mitigate negative impacts on the residential development in the area. The a~plicant has also spoken with many of the surrounding property owners. The existing Chili s development with the additional parking spaces has provided 98 parking spaces. According to the Zoning Ordinance, only 69 parking spaces are required. Total spaces proposed are 130 spaces. Mr. Esmond expressed concern of the Zoning Ordinance not providing adequate parking for a restaurant. There is a similar parking problem at the newly opened Black-eyed Pea on University. Chairperson Sawtelle opened the public hearing. • Mike Barszap, owner of ITS Tours and requested that the Commission grant a use parking lot at ITS is full of patrons of the park when returning from lunch. The Cit overflow parking at new restaurants. There the Black-eyed Pea and Chili's. Travel located adjacent to the existing Chili's, permit to allow an additional parking lot. The restaurant and ITS employees have no place to y needs higher parking standards to address the are parking problems with two new restaurants; • Chili's representative Tim Fox approached the Commission explaining that he had spoke with several of the neighbors explaining the proposal. There will not be access taken from Foster. The proposed parking lot will be used by approximately 25 - 30 employees per shift. The restaurant will close at 11:00 pm during the week and at 12:00 am on the weekend. The proposed 10' lights will reduce loitering, vandalism and help ensure employee safety. The restaurant plans to spend approximately $25 - 30,000 on the proposed parking lot, so aesthetics are of high importance. The grand opening was the largest ever in Chili's history consisting of 245 stores across the U.S. With the football season approaching, business is expected to increase. The City lot can be used at night and on weekends; however, the lunch parking is still a problem. The restaurant is willing to work with adjacent property owners, the Commission and City staff to jointly solve the overflow parking needs. The restaurant wants to ensure parking safety on the Chili's site for its employees. Robert Epps of 1019 Foster expressed concern of the initial parking lot not being adequate. The restaurant should not have been allowed to develop on a lot that could not accommodate their space needs. The adjacent house needed to be demolished; however, the restaurant should not have anticipated additional parking along Foster. Harriette Andreadis of 200 Francis approached the Commission and stated that a considerable barrier such as a fence should be placed along the proposed parking lot where it fronts Foster so people will not be able to trespass through this area. The aesthetics of the neighborhood and of this particular lot have been permanently destroyed. The proposed 30 space parking lot will not solve the traffic problem. The City needs to find alternatives other than destroying a residential neighborhood to solve the overflow parking problems along Foster. • Mr. Esmond questioned the residents as to the detriment of an aesthetically appealing parking lot in comparison to parking along Francis and Foster. Opposing the proposed parking lot will not solve the overflow parking problem. Monique Hughes, occupant of 1019 Foster, expressed concern to safety because the proposed parking will lead to increased theft and burglary in the neighborhood. Ruth Ann Powell who owns the property adjacent to the proposed parking lot stated that she is glad the adjacent delapidated house is demolished. She is concerned with the noise and large numbers of people leaving Chili's late at night. She would prefer parking along Foster and Francis instead of adding an additional parking lot. Denise Brown, occupant of 1019 Foster, stated that the additional lot will not help the parking problems at Chili's. The City should find some other alternative instead of destroying the aesthetics of the entire neighborhood. The City should not have allowed the Chili's development to happen with insufficient parking. The green space between Texas Avenue and the Chili's parking lot should be used for additional parking. John Flynn of 1100 Milner stated that if the City could help get any traffic off of Francis and Foster, it would greatly benefit the neighborhood. The citizens may not be able to solve the entire problem; however, they can help reduce the problem. Being able to deter 30 cars from parking in the street will substantially reduce traffic congestion at Francis and Foster. He proposed a four way stop sign at Francis and Foster to slow down traffic. Chairperson Sawtelle closed the public hearing. • P & Z Minutes September 5, 1991 Page 2 t Mr. Colson stated that prohibiting parking along Foster will only create additional traffic congestion and not address the overflow parking at Chili's. The applicant has a business that meets City requirements and has a need for additional parking. The employee parking lot may not solve the entire problem; but it is a move in the right direction. He moved to grant a conditional use permit to allow an additional parking lot with the condition that a physical barrier, not to exceed 4' in height, be combined with landscaping along Foster to help buffer and reduce the negative effects to the neighborhood. Mr. Hawthorne seconded the motion which failed (3 - 3); Mr. Smith, Mr. Esmond, and Mr. Hall voting in opposition to the item. Mr. Esmond stated that the P & Z should look at the parking situation over a period of time and not judge the restaurant's parking needs during its grand opening and the beginning of the fall semester. The Commission will have a better idea of the parking spaces needed after a few months of regular business. Mr. Hall suggested tabling the item until the P & Z could review all of the alternatives and see if some of the parking problems could be solved through negotiations with the applicant, surrounding property owners, and City staff. Chairperson Sawtelle stated that she could not support the tabling of the request. The applicant needs the additional parking immediately; especially with football season and the fall semester beginning. She stated that removing 30 parked cars from Francis and Foster will help with alleviate traffic congestion. Mr. Esmond moved to table the conditional use permit request to allow an additional • parking lot. Mr. Hall seconded the motion which failed (2 - 4); Mr. Hall and Mr. Esmond voting m favor of the motion Chairperson Sawtelle called a brief recess. AGENDA ITEM NO. 3: Reconsideration of the final plats of Pebble Creek Sections 1D and lE. (91-212 & 91-213) Assistant to the City Engineer Morgan presented the final plats recommending approval of an additional 10' utility easement. Since the approval of the plats by the Planning and Zoning Commission and City Council on June 20, 1991 and July 11, 1991 respectively, the City's Electrical Division has determined that they will need an additional 10' utility easement to maintain the necessary separation between the electrical lines and other utilities. This additional easement is needed on Lots 9 and 19, Block 3, Phase 1D and Lots 35 and 51, Block 3, Phase 1E. All parties involved have agreed that the additional easement should be identified on the original final plat and not through a separate instrument. Mr. Esmond stated that he objected to requiring a homeowner's association to maintain all common drainage easements. A homeowner's association has a fixed life and will not be able to maintain the drainage easements once its doctrine expires. He moved to approve Pebble Creek Phase 1D only and Mr. Colson seconded the motion. Assistant to the City Engineer Morgan reminded the Commission of the memorandum from the legal department stating that the City has recourse if the association dissolves or is not renewed. The City can assess the property owners in the subdivision for the maintenance costs. • P & Z Minutes September 5, 1991 Page 3 C7 • Assistant City Attorney Nemcik stated that once a homeowner's association is created through the deed restrictions, the City has the capability to assess all property owners for the commonly owned areas. The property owners still have an interest and are ultimately responsible for maintenance of the commonly owned areas even if the association expires. A homeowner's association is a body who helps manage the association dues; however, the property owners are responsible for the commonly owned areas. Mr. Colson disagreed and stated that once the association expires, the title cannot be clouded and the property owner assessed for damages or maintenance costs. Once the association expires, the section of the deed restrictions that originally created the association disappears. The homeowners of a subdivision have an agreement with the homeowner's association for maintenance of the drainage easements; not with the City. Development Services Director Ash reminded the Commission that the proposed plats had been previously approved by Council and the Commission. At the request of the City's Electrical department, an additional 10' utility easement has been added. The easement could have been dedicated through a separate instrument; however, staff thought it best to have the easement noted on the plat for future reference since the plats had not been filed officially for record with the County Clerk. Chairperson Sawtelle called the question to vote on the original motion made by Mr. Esmond to recommend approval of Pebble Creek Phase 1D as presented. The motion passed unopposed (6 - 0). Mr. Hall moved to recommend approval of the final plat of Pebble Creek Phase 1E as presented. Mr. Hawthorne seconded the motion which passed (4 - 2); Mr. Colson and Mr. Esmond voting in opposition to the item. AGENDA ITEM NO. 4: Final plat of part of Quail Run Estates and part of Oak Lake Estates located in the E.T.J. (91-216) Assistant to the City Engineer Morgan presented the staff report recommending approval of the plat as presented. This is a replat of a part of Quail Run Estates Phase I and part of Oak Lake Estates, located in the southwestern portion of the College Station extraterritorial jurisdiction near Dowling Road. The purpose of this replat is to take two lots of the Oak Lake Estates and two lots of the Quail Run Estates Phase I and create one large lot in Oak Lake Estates and two smaller lots in Quail Run. Because of the nature of this plat, it was not scheduled as an item for consideration at a PRC meeting. The City of College Station does not serve these properties with any utilities; therefore all utility easements on this plat are for utility companies other than the City. This plat was recently approved by the County Commissioners on July 29, 1991. Mr. Colson moved to and part of Oak Lake passed unopposed (6 - recommend approval of the final plat of part of Quail Run Estates Estates located in the E.T.J. Mr. Esmond seconded the motion which 0). AGENDA ITEM NO. 5: Final plat of Southwood Valley Section 24F. (91-21'~ Assistant to the City Engineer Morgan presented the staff report recommending approval. This final plat is located at the southwest corner of the Welsh /Deacon intersection. The plat as shown complies with the City's land use and thoroughfare plan. At this time the • Welsh Avenue extension is under construction as a joint venture project between the City of College Station, with cost participation from Fossil Mound, and Myrad Real Estate, P & Z Minutes September 5, 1991 Page 4 • (developer of Brandon Heights ad waterline infrastructure that serves this property is existing. Subdivision). With this project the stree ~, u~ a~~~a~~, „u~ W u,n serves this property is being constructed. The sewer line that Mr. Esmond moved to recommend approval of the final plat of Southwood Valley Section 24-F as presented. Mr. Smith seconded the motion which passed unopposed (6 - 0). AGENDA ITEM NO. 6: Final plat of Glenhaven Estates Phase VIII. (91-218) The final plat located at the east end of Glenhaven Drive, opposite Brazoswood Drive, bounded on the north by Oakhaven Circle and Woodhaven Circle was withdrawn from consideration prior to the meeting by the applicant. AGENDA ITEM NO. 7: Public hearing to consider an amendment to Zoning Ordinance #1638 creating an overlay district to rovide for special building and parking setbacks, parking lot buffers, special sign and landscape regulations, limits on building and sign colors and restricted utility locations. (91-810) Senior Planner Kee presented the proposed ordinance amendment to the Supplementary District Regulations in the Zoning Ordinance recommending approval. The district provides for special setbacks for buildings and parking, special sign restrictions, limits on building and sign colors, special landscape requirements, utility restrictions and special storage and screening requirements. All of these were elements described in the University Drive Corridor Report. The Overlay District also includes a section calling for special restrictions for gasoline service stations. The Overlay District may be applied to properties where gasoline service stations are allowed. Where this occurs (because the Overlay District is intended to enhance the areas where applied) these special restrictions are being recommended by staff as a way to mitigate some of the unsigghtly effects of this particular use. The City has retained consultants who are working on Streetscape recommendations. Their initial comments relative to suggested changes in our landscape ordinance have been reviewed by staff. Some suggestions are more stringent than our current regulations and some are more lenient. Some may impact that section of the proposed overly district that deal with landscaping and parking lot screening. Staff is trying to coordinate a joint meeting of the Community Appearance committee and the P & Z to be briefed on these suggestions. P & Z may wish to hold the public hearing on the proposed overlay district, give staff any comments and then table a recommendation until hearing from the Streetscape consultants. If at that time, there are items in the Streetscape report that you wish to incorporate into the overlay district, staff can do so and then bring the ordinance to the P & Z again for consideration and recommendation to the Council. Chairperson Sawtelle opened the public hearing; seeing no one present to speak in favor of or in opposition to the proposed amendment, she closed the public hearing. Mr. Colson moved to table the proposed ordinance amendment until the Streetscape recommendations could be reviewed. Mr. Hall seconded the motion which passed unopposed (6 - 0). AGENDA ITEM NO. 8: Public hearing to consider an amendment to the City Code, Chapter 3 Section 5, "Development of Streets" and Chapter 9 Section 8, "Subdivision Re~ations to revise the general requirements and minimum standards of design specifically wi regard to size and placement of sidewalks. (91-812) Assistant to the City Engineer Morgan requested that the amendments be withdrawn from the agenda to be considered at a later date. P & Z Minutes September 5, 1991 Page 5 ® AGENDA ITEM NO. 9: Other business. Mr. Esmond informed the Commission that the municipality is the lowest form of government in the United States. It has an elected body, taxing authority, and statutory as well as implied powers. On the other hand, the Homeowners Association (HOA) has great limitations when compared with the City, especially i areas which would involve enforced drainage maintenance. HOA's do not have landscape ordinances or drainage codes, and no code enforcement power. City Ordinances make no provision for private drainage easements. Mr. Hall asked staff to check into a home daycare on Todd Trail that does not have a conditional use permit. He also expressed concern of the right-of-way maintenance on Rio Grande near Deacon. Someone needs to be responsible for the vegetation between the curb and the brick wall. If the residents are responsible, they need to be officially notified of their responsibility. Mr. Hall also questioned staff as to the mounds created around newly constructed utility poles. These areas should be lowered to ground level once construction is completed. City Engineer Pullen stated that he would check into the maintenance responsibilities along Rio Grande. Development Services Director Ash stated that it is a common practice to build the mounds during construction and eventually they will settle to natural grade. There are no known requirements as to lowering the mounds around utility poles to ground level. AGENDA ITEM NO. 10: Adjourn. • Mr. Colson moved to adjourn the meeting of the Planning and Zoning Commission. Mr. Hall seconded the motion which passed unopposed (6 - 0). APPROVED: n ~----i ~~ f~~L~ ~\~~ airperso ,Nancy awtel e ATTEST: Plann ng Technician, Natalie T omas • P & Z Minutes September 5, 1991 Page 6 -~m-~ • Registration Form (For persons who wish to address the Commission) Date of Meeting ~ l~ ~-' ~ ~ ' • Agenda Item No. L. Name ~ ~ , ~ r ~ ~_ ~ ~ _,-~ ~ ; ~ ~ - _ ~ . . 1 ~ Address -` ! ' f ~1l If speaking for an organization, Name of organization: Speaker's official capacity: Subject on which person wishes to speak: ~~r~ • 1 • 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 PLANNING FILES. ~~ Registration Form (For persons who wish to address the Commission) Date of Meeting ~1 ~ ~ ~~~ • Agenda Item No. Name ~--~-''~~~ ~ ~~~ l -S Address ~ ~' If speaking for an organization, Name of organization: Speaker's official capacity: ~~~ ~ i ;/ ~~..~a ~,l cam. ~- in / ~ ~~C1-s %~~Z-~-- Sub'ect on which person wishes to spE • 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 PLANNING FILES. r • ' ~ \J L ~..~~~ Registration Form (For persons who wish to address the Commission) Date of Meeting ~r ~~ . Agenda Item No. Name l ~ ~ -~ Address If speaking for an organization, Name of organization: Speaker's official capacity: Subject on which person wishes to speak: • 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 yoga have written notes you wish to present to the Commission, • PLEASE FURNISH AN EXTRA COPY FOR PLANNING FILES. Registration Form (For persons who wish to address the Commission) Date of Meeting ` • Agenda Item No. ~ _ ,\ Name ~ ' . < ~ 1.~ ~ :~ ~ c_- .~ '~ r ~ ~ : < < t. -~- If speaking for an organization, Name of organization: Speaker's official capacity: ' ,Subject on which person wishes to speak: • • 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 PLANNING FILES. ~eu~ Registration Form (For persons who wish to address the Commission) Date of Meeting q Agenda Item No. Name ~:~~4~ (- ~~•.,..-- Address i (u; ~~ ~,~~%-~_ If speaking for an organization, Name of organization: Speaker's official capacity: ~ Subject on which person wishes to speak: • 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 PLANNING FILES. ~~ Registration Form (For persons who wish to address the Commission) t:~ , Date of Meeting ~ _ ,~ • Agenda Item No. _l ,} Name F~~,'~ C~ l~~ ~' t`l(aC.l,~l~-~ ;l~lr~~~~„~.~ T',.F~~_~~1~? Address ~ U ! ~; ~1 ~ ~- ~ P~ i r' ' ; If speaking for an organization, Name of organization: Speaker's official capacity: Subject on which person wishes to speak: ~ ~.; 1 • 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 PLANNING FILES. PLANNING AND ZONING COMMISSION GUEST REGISTER DATE ~ .1 ~ , ~~C~ NAME ADDRESS /~.~ 6. 7• 8. 9. to. it. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23• 24. 2 5' -