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
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