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HomeMy WebLinkAbout06/02/1998 - Regular Minutes - Zoning Board of AdjustmentsMINUTES • Zoning Board of Adjustment CITY OF COLLEGE STATION, TEXAS June 2, 1998 6:00 P.M. i MEMBERS PRESENT: Chairman Hollas, Blackwelder, Warren, Alternate Members Hill and Happ MEMBERS ABSENT: Alternate Members Pyrtle and Alexander STAFF PRESENT: City Planner Kee, StaffPlanner Battle, Assistant City Engineer Morgan, Graduate Civil Kaspar, Assistant City Attorney Robinson, Staff Assistant Grace AGENDA ITEM NO. 1: Call to order -Explanation of functions of the Board. Chairman Hollas called the meeting to order and explained the functions of the Board. U AGENDA ITEM N0.2: Consideration of a previously tabled variance to Section 7.21 District WPC Wolf Pen Creek Development Corridor # D Requirements for Dedication/Development of Drainage and Pedestrian Access Ways. The applicant is Clark & Wyndham Inc., for the Hartnett Group L.P. Ms. Kee approached the Board and stated that she was not going to present the entire case again, but she did have a couple of comments. Ms. Kee reminded the Board that the variance request is for the 20' minimum reservation line to be 10' in width along the back of lot 3. Ms. Kee referred to the plat of the property and described to the Board the floodway located behind lot 3. Ms. Kee told the Board that the request is just to dedicate a 10' minimum reservation area instead of 20'. Ms. Kee further reminded the Board that at the last meeting, city staff did not feel they had sufficient information turned in at that time to make a thorough review and make any recommendations to the Board. It was due to that decision, the item was tabled. until further information was received. Ms. Kee further reminded the Board that since it was tabled at the last meeting, someone needed to make a motion to take the item off the table for it to be discussed further. Mr. Blackwelder made the motion to remove the item from the table. Ms. Warren seconded the motion to remove from the table. Motion passed unopposed (5-0). • ZBA Minutes June 2, 1998 Page 1 ojS Ms. Kee continued with the report and stated since the last meeting, city star has had the opportunity to meet with representatives from the Parks and Public Works Departments. These are the two city • departments that will have the maintenance responsibilities. Mr. Taggart, the applicant's engineer also attended that meeting and talked in detail about the issues. Both city departments felt comfortable that they would have sufficient room for any required maintenance with the topography of the ground being flat and the 10' minimum reservation. Ms. Kee continued by saying that the creek is fairly far from the floodway line. It also became evident in the discussion if a trail system or sidewalks were built they would most likely be built near the creek and not built in the minimum reservation area. There might be benches, lighting or some walkway but the emphasis would be to get pedestrians down to the creek. With that information, the Planning Staff no longer had any objections to the variance and felt that it had merit. Chairman Hollas asked why there was not a reservation area in back of the abandoned Sneakers building. Ms. Kee replied that Sneakers was never platted when it was developed and now it is being brought in as part of this plat. Ms. Kee further added that Sneakers was already developed before the ordinance that addressed the minimum reservation. Chairman Hollas asked even though the WPC Ordinance was predated, hasn't the use been abandoned, so now any other use of the property is going to have to be in accordance with the WPC Drainage Ordinance. Ms. Kee responded with the WPC Zoning Ordinance yes, but when it comes to the minimum reservation it is kind of a mute point because the property has already been developed. Ms. Kee told the Board that if they build a walkway it will have to go up into the parking lot and this is why they requested at least a 20' easement where maintenance can take place on the rock wall behind Sneakers. There will be a dedication to the city of the floodway. Mr. Kee added that we will not only • have a maintenance easement, but also an access easement so if a trails system becomes a part of the plan you could walk up behind the Sneakers property. Chairman Hollas asked Ms. Morgan why is the reservation line in the location it is, and is that based on the distance from the floodway. Ms. Kee responded to the question stating that definition of a minimum reservation runs adjacent to the floodway and as stated by Ms. Morgan this floodway line is not the official line yet. But once information is submitted to FEMA and formally adopted, it will become the official floodway line. Ms. Warren asked is that why such a large part of the parcel will be dedicated to the City due to it being in the floodway. Ms. Kee replied that was correct. Chairman Hollas asked if the access easement is adjacent to the property line. Ms. Kee replied that it is adjacent and it goes on out to Hwy 30. That will enable the city to maintain the wall behind Sneakers if needed. Chairman Hollas opened the public hearing for those wanting to speak in favor of the request. Mr. Greg Taggart of 1008 Madera in College Station approached the Board and was sworn in by Chairman Hollas. Mr. Taggart stated that at the last meeting concerning this item, there was some question concerning the cross section drawings. Mr. Taggart stated that he wanted to make sure everyone understood exactly what the sample cross section meant. Mr. Taggart continued by saying that most of the maintenance that would be done would be toward the water and there would be sufficient room to get in and out for maintenance. • ZBA Minutes June 2, 1998 Page 2 ojS Mr. Taggart added that in this particular area the city really does not need the 20' reservation area to accomplish the hike-bike trail. On lot 1 which has the existing rock wall, that area will be dedicated to • the city The preliminary plat had been modified and maintenance and access easements added, one running parallel to the wall and one running from SH-30 to the wall. Mr. Taggart spoke of the hardships. Mr. Taggart stated that the intent is to develop a piece of property which has stood vacant for a long time. Mr. Taggart stated with the way the land is shaped and the nature of it having tremendous amounts of floodplain and floodway, it will probably be dedicated to the City. Mr. Taggart further added that if there is no flexibility given to this property, some point in time the property becomes undevelopable and the land becomes useless. Chairman Hollas asked for clarification as to the variance request. Chairman Hollas stated that the request is that the width of the minimum reservation dedication be reduced from 20' to 10'. Mr. Taggart replied that was correct. Ms. Warren asked if the floodway will vary in terms of it's distance to the actual creek. Mr. Taggart replied yes it will vary in distance. Mr. Happ asked if the ground was perfectly level, would they still have come before the Board asking for a shorter distance from the floodway for the easement. Mr. Taggart replied yes because what they are trying to do, is one of the things the WPC Master Plan attempts to accomplish, and that is to bring in upscale restaurants, boutiques, etc. within the Wolf Pen Creek Corridor. Mr. Taggart further stated that the applicant Paul Clark, has a user who wants to construct 2 restaurants on lots 3 & 4 and each restaurant has a minimum land requirement. The user intends on having an outside patio. Mr. Happ • stated with having that kind of restaurant in mind, having 20' for a walkway on the back of their property might be an asset and not a distraction. Chairman Hollas asked Mr. Taggart about other hardships on the other two lots. Mr. Taggart responded that lot 2 is already under contract to someone else and the restaurant group does not what ithe location next to Sneakers. They are attracted to the creek and would like creek exposure because they have seen the WPC Master Plan and they like the concept. .Mr. Blackwelder asked out of curiosity, when the numbers are run, it gives the extra 10' that can be used for parking. What does that translate to in additional sq. ft. on the building and number of parking spaces. Mr. Taggart responded that they are asking for an additional 5100 sq. ft. Mr. Blackwelder stated that he is thinking in terms of the maximum amount of building that could be erected on the property with a 20' dedication and still have parking to support the sq. ft. verses what you could do if you had the extra 10 sq. ft. Mr. Taggart replied that he could not respond because he does not have a plan of the building. Mr. Taggart further stated that he expects the final outcome is to accompany landscaping and tier parking. Mr. Happ asked Mr. Taggart if that has already been designed. Mr. Taggart replied that they have been engaged to do the site planning and the building plan has been designed by an architect. Mr. Happ stated that if they had a copy of the building plan to look at it, it would make more sense of the parking layout. Mr. Taggart stated that the size of the building is 5800 sq. ft. Mr. Taggart also pointed out that all development within the WPC Corridor, all site plans have to go before the Design Review Board, city staff and the P&Z processes for approval. Chairman Hollas asked what the proposed use of lot 2 was and Mr. Taggart replied the proposed use is a Sonic Drive • Inn. ZBA Minutes June 2, 1998 Page 3 ojS Mr. Happ asked Mr. Taggart if he looked at putting the retaining wall in at 1 1/2' tall. Mr. Taggart referred to cross section A, B, C & D and stated that the cross sections are only typical cross sections • that could potentially solve the problem. Cross section C has a proposed retaining wall. Mr. Taggart added that they will work very hard to avoid having a retaining wall but there are other design solutions in terms of how big the retaining wall needs to be or if one is even needed. Mr. Happ asked which one is desired and Mr. Taggart responded that they would prefer not to have a retaining wall. Ms. Warren asked isn't it based on putting a walkway in the 20' reservation area rather then closer to the creek as the city has talked about. Mr. Taggart said that was correct and also if they don't have to have a flat area then a retaining wall may not have to be put in at all. This is one thing they will be faced with when they go before the WPC Design Review Board, PRC and P&Z. Chairman Hollas asked if there was anyone to speak in opposition of the request. With no one stepping forward Chairman Hollas closed the public hearing. Chairman Hollas made clarification that it is the City's prgference to have the sidewalks closer to the creek. Ms. Kee responded that these type of details have not been worked out. The minimum reservation is there for trails, lights, benches and maintenance. There maybe a couple levels of sidewalks with some being in the minimum reservation. Ms. Kee reminded the Board to keep in mind to have any hardships and special conditions in the record. Mr. Blackwelder moved to authorize a variance to the Wolf Pen minimum reservation to 10 feet along the boundaries of lots 2 & 3 from the terms of this ordinance as it will not be contrary to the public interest, due to the following special conditions: College Station staff have examined topography of property to be dedicated and determined that a 10' dedication will be adequate for maintenance and to • achieve the intended purposes of the required dedications and because a strict enforcement of the provisions of the ordinance would result in unnecessary hardship to this applicant being: inability to maximize to the buildable area and due to the shape of the lots and such that the spirit of this ordinance shall be observed and substantial justice done. ~ Ms Warren seconded the motion which passed unopposed. Mr. Happ voted against variance. (4-1) ,Agenda Item N0.3 Other Business There was not other business • ZBA Minutes June 2, 1998 Page 4 oj5 Agenda Item NO. 4 Adjourn • Chairman Hollas moved to adjourn the meeting of the Zoning Board of Adjustment. Mr. Happ seconded the motion which passed unopposed (5-0). D: Chairman, Stephen Hollas ATTEST: Staff Assistant, Deborah Grace LJ • ZBA Minutes June 2,1998 Page S ojS ZONII~TG BOARD OF ADJUSTMENT • FORMAT FOR POSITIVE MOTION Variance from Section 18, Ordinance Number 1638. G~~r ~pn m ih~~~ I move to authorize a variance to the yard (Section 8.T) _ lot width (Table A) - lot depth (Table A) minimum setback from the terms of this ordinance as it will not be contrary to the public interest, due to the following special conditions: parking requirements (Section 9) ~ Z 0 C,C'PG and such that the spirit of this ordinance shall be observed and substantial justice done subject to the fo~}o~ring limitatior}s: 4 ~ ,, • Motion made by Seconded-by _ Chair Signature . ~~ ~w Date ~ C Voting Results ~/h~ ,0 'G ~w~ (a¢a~~ v~~saBDOc and because a strict enforcement of the provisions of the ordinance would result in unnecessary hardship to this applicant being: ~~G ~ o~t",y ; Zoning Board of Adjustment Guest Register O~ • ~ Date ~~~ '~-~ \ Name Address 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. • 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. . • 24. 25.