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HomeMy WebLinkAbout11/16/1995 - Minutes - Planning & Zoning Commission MINUTES Planning & Zoning Commission CITY OF COLLEGE STATION, TEXAS November 16, 1995 7:00 P.M. r~ COMMISSIONERS PRESENT Chairman Hawthorne and Commissioners Gribou, Smith, Hall, Garner and Lane. COMMISSIONERS ABSENT: Commissioner Lightfoot. STAFF PRESENT: City Planner Kee, Assistant City Engineer Morgan, Senior Planner Kuenzel, Graduate Civil Engineer Homeyer, Planning Technician Thomas and Transportation Planner Hard. AGENDA ITEM NO. 1: The Consent Agenda consists of non-controversial or "housekeeping" items required by law. Items may be removed from the Consent Agenda by any citizen, City staff member, or Commissioner by making such a request prior to a motion and vote on the Consent Agenda. (1.1) Approval of minutes from the meeting of November 2, 1995. (1.2) Consideration of a final E.T.J. plat of Willow Run Subdivision Phase One. (95-230) (1.3) Consideration of a final plat of Pebble Creek Phase 3C Subdivision. (95-241) (1.4) Consideration of a final plat of Harvey Road East and Gateway Park Subdivisions. (95-242) Consent agenda items 1.1, 1.2, 1.3 and 1.4 were approved unanimously by consent. AGENDA ITEM NO. 2: Consideration of a previously tabled conditional use permit request to allow the Kanon Bible Church facility to be located at 317 Dominik in the Culpepper Plaza Phase II Center. (95-712) Commissioner Gribou moved to remove the conditional use permit request from the table for consideration. Commissioner Lane seconded the motion which passed unopposed (6 - 0). Senior Planner Kuenzel stated that the request was tabled to answer the following three questions: (1) If the church is approved, how would existing sites that currently sell alcohol be affected upon future repermitting? C7 (2) Is there a variance procedure to the 300' distance limitation? (3) Will the Bentley House be restricted from placing refrigerators offering alcoholic beverages in each room if the conditional use permit is granted? Senior Planner Kuenzel stated that inquiries to the Texas Alcoholic Beverage Commission (TABC were made and it was determined that existing businesses would be "grandfathered" from meeting th 300' limitation. In addition, any future repermitting on sites where alcohol had been sold prior to th existence of the church would likewise enjoy grandfathered status. The City's Alcoholic Beverag Code, which was adopted under the authority of TABC, does allow for a variance procedure before th City Council for relief from the 300' distance requirement. In the case of the Bentley House providin alcoholic beverages in each room, a permit will be required and a variance to the 300' distanc requirement granted by the City Council if the church is granted a use permit in the proposed location. Chairman Hawthorne expressed concern with placing restrictions on adjacent property owners. H stated that there will also be a problem with limiting the sell of alcoholic beverages within a certain are that may have alcohol sold next door under a "grandfathered" status. Owner of the Bentley House, Paul Clarke approached the Commission and stated that he would like to work out the situation with the church; however, the ordinances and laws are not equitable from the standpoint of a property owner. The owner of the shopping center could locate the church elsewhere in the center so that it would not place additional restrictions on surrounding properties. Mr. Clarke stated that he is willing to work with the church and the City to help make the proposal work as long as there are not additional restrictions placed on his property. Commissioner Hall moved to deny the conditional use permit request to allow the Kanon Bible Church to be located at 317 Dominik in the Culpepper Plaza Phase II shopping center. Commissioner Garner seconded the motion which passed (5 - 1); Commissioner Lane voted in opposition to the motion. AGENDA ITEM N0.3: Public hearing to consider a final plat of block X of the University Park Section II Subdivision. (95-240) Graduate Civil Engineer Homeyer presented the staff report and informed the Commission that the subject property is being resubdivided in order to create lots surrounding each individual fourplex. When the property was developed, the fourplexes were built by a partnership. This plat will subdivide the block so that each individual fourplex can be sold separately. The water and sewer lines serving these fourplexes are private and therefore; the City will not be responsible for the maintenance of these lines. Staff requested a hold harmless agreement since public utilities will not be extended to each of the four lots. Unless each building is individually served from public utility lines, staff feels this agreement is necessary. Staff recommended approval of the final plat with the conditions identified by the Presubmission Conference. Chairman Hawthorne opened the public hearing. Engineer Christian Galindo of 3107 Rolling Lane in Bryan informed the Commission that he prepared the final plat and will answer any questions concerning the plat. He stated that the hold harmless agreement has been prepared and submitted to the City for their review. This agreement also provides a cross parking, vehicular and pedestrian access to allow for the joint use and maintenance of the parking lot, drives and walkways. Chairman Hawthorne closed the public hearing. Commissioner Smith moved to recommend approval of the final plat for Block X of the University Park Section II Subdivision with staff recommendations. Commissioner Gribou seconded the motion which passed unopposed (6 - 0). • P & Z Minutes November 16, 1995 Page 2 of ~ • AGENDA ITEM NO. 4: Reconsideration of a previously denied temporary parking lot request on block B of the Culpepper Subdivision located along Kyle Avenue South. (94-434) Senior Planner Kuenzel informed the Commission that a request for a temporary parking lot came before the Commission in January of this year and was denied primarily due to aesthetic concerns. The applicant was not present at the meeting and therefore was not in a position to negotiate any screening or other potential improvements to the temporary lot. He has requested that this item come back before the Commission for an opportunity to address this concern and any others that the Commission may have. The Zoning Ordinance requires all parking lots to be paved, curbed, and landscaped and it provides for access and maneuvering specifications. However, there is a special section that gives the Commission authority to approve temporary parking lots for a period of one year if the applicant meets the standards for a gravel parking lot and if the Commission finds the following: (1) Traffic control is safe and convenient. (2) Pedestrian safety is assured. (3) Access for emergency vehicles is efficient. (4) Runoff and flooding is controlled. (5) There is little or no impact on adjacent land uses. (6) The lot is not a detriment to the health, safety, and welfare of the public. Senior Planner Kuenzel stated that the Project Review Committee met in December of last year to review the plan and found compliance with the gravel parking lot standards. Staff also has reviewed the access and pedestrian/traffic control and will assure compliance with the Drainage Ordinance (to address items one through four above). Staff recommended approval with the conditions that a fence be provided along the northern side to prevent illegal parking and that signs be posted to this effect. Due to the fact that access is taken from the adjacent parking lot to the south, a letter from that property owner needs to submitted that would allow such access. Representative of the owner, Marvin Tate approached the Commission and apologized for not being present at the last meeting in January of this year. He stated that Mr. Allen currently owns the apartment complex across Kyle Avenue and purchased the subject property to preserve the exiting overflow parking. At one time, parking was allowed along Kyle Avenue; however, when the parking was removed, the subject overflow parking lot was utilized. Mr. Tate submitted a schematic of the temporary lot and the possible parking lot plan for the entire lot. During the day, the subject parking lot is used by the Culpepper businesses and at night, it is used as overflow parking for the Kensington Apartments. Mr. Tate concluded that before a permanent parking lot can be installed, the owner needs some idea as to how the entire property will develop. Commissioner Hall questioned staff as to the proposed curb cut along Kyle Avenue located further north than the temporary parking lot. P & Z Minutes November 16, 1995 Page 3 of ~ r C7 • Transportation Planner Hard stated that approval will depend on the total amount of frontage; however, the City will work with the applicant to provide one curb cut for the subject tract. Owner of the subject property and Kensington Place Apartments, Larry Allen informed the Commission that he is currently looking for a permanent user for the property. Once a user is found, engineering plans will be submitted for the development of the entire tract. Commissioner Smith moved to grant a temporary parking lot request on block B of the Culpepper Subdivision located along Kyle Avenue South with staff recommendations. Commissioner Lane seconded the motion. Commissioner Gribou stated that he still has the same problems with the request as he did when it was denied in January. He stated that he has a problem with someone doing something that does not meet regulations and when code enforcement takes place, they ask for a variance to the original requirements. Chairman Hawthorne stated that he feels a little more secure in the decision in that the parking lot will be temporary for only one year. The temporary lot is not a long term problem and will remain there for either one year or will be restored to its original condition. The motion to grant the temporary parking lot passed (5 - 1); Commissioner Gribou voted in opposition to the motion. AGENDA ITEM NO. 5: Other business. Commissioner Lane expressed concern with respect to the replat of block X of the University Park Section II Subdivision. He stated that the hold harmless agreement could potentially be a less expensive way to develop a piece of property so that minimum standards do not have to be met. Commissioner Lane stated that the City may see more of this type of development in the future. Commissioner Hall questioned staff with regard to posting "no parking" signs along a street, such as Longmire Drive at the Pepper Tree Apartments. Transportation Planner Hard stated that one of the triggers of providing the "no parking" signs is installing a striping plan on the street. Once you have designated lanes, you have to prohibit parking along the street. Bike lanes are also an issue and in the long run, there will probably be "no parking" signs along Longmire Drive. Transportation Planner Hard concluded that it is a constant struggle between bike lanes and the pressure to retain on-street parking. Currently, Longmire Drive is designed to allow on-street parking. Commissioner Hall stated that he received a letter from Father Sis of the Saint Mary's Parish thanking the Commission for their approval of the conditional use permit. Commissioner Hall stated that he thinks it is important for the City to encourage development and redevelopment in the Northgate area. P & Z Minutes November 16, 1995 Page 4 of S Commissioner Hall expressed concern with the Community Meeting held on November 15, 1995 concerning the City's Comprehensive Plan. He stated that he was not impressed with the presentation • and he did not get the sense that the consultants had done their homework on acreage's, street names, etc. The plan should be more realistic and take into account the existing constraints of the City. City Planner Kee agreed with some of Commissioner Hall's comments and stated that the consulting firm did a poor job of explaining the "village" concept. Chairman Hawthorne stated that he could see the "village" concept working in the future; however, the problem is with the near future and the next ten years. The City should also look at the redistribution of people and urban blight problems as a part of the Plan. Chairman Hawthorne concluded that the "village" concept is much like Southwood Valley and that subdivision has been very successful. Commissioner Gribou stated that he expects the City to have a vision but also some reality so that the plan can be implemented. The balance needs to be in the plan; however, at this point, the consultant should still be creative in looking at all alternatives. He stated that infrastructure needs must be addressed when looking at new businesses and industrial areas. Commissioner Lane stated that in our community, there are smaller pockets of development of 50 to 100 acres which makes it more difficult to implement the "village" concept. Chairman Hawthorne suggested that the City take a look at the different zoning classifications to see if they are too broad. Landscaping and preserving open space can also play a big role in improving the . aesthetics of such eyesores as strip centers. City Planner Kee informed the Commission that as part of the scope, the consultants will go through the current Zoning Ordinance and Subdivision Regulations to help make changes to implement the plan. City Planner Kee requested that the Commissioners mail in the customer service surveys as soon as possible. AGENDA ITEM NO. 6: Adjourn. Commissioner Garner moved to adjourn the meeting of the Planning and Zoning Commission. Commissioner Smith seconded the motion which passed unopposed (6 - 0). APPROVED: ~ / ,~_ : _ ~~ ATTES an 'ng echm 'an, ata ie Thomas r1 LJ Chairman, Kyle Hawthorne P & Z Minutes November 16, 1995 Page S of S planning ~' Zoning Commission Guest ~,egister Date ~~e ~ cfrfress 2. ~ ~G''t~ ~ ;'1;i'~'Z~ ~ l G~ ~- , ~~ ~";~ --~ 3. 4. 5. 6. 7. 8. 9. 10. • 11. 12. 13. ~' 14. IS. 16. 17. 18. 19. 20. 21. 22. 23. • 24. z5.