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HomeMy WebLinkAbout08/02/1994 - Regular Minutes - Zoning Board of AdjustmentsMINUTES Zoning Board of Adjustment CITY OF COLLEGE STATION, TEXAS August 2, 1994 7:00 P.M. • MEMBERS PRESENT: Chairman Birdwell, Members Rife, Hollas, Poston and Sawtelle. MEMBERS ABSENT: Alternate Members Alexander, Ochoa and Blackwelder. STAFF PRESENT: Planning Technician Thomas, Staff Planner Kuenzel, Staff Planner Dunn, Development Coordinator Volk and Assistant City Attorney Shively. AGENDA ITEM NO. 1: Call to order -explanation of functions of the Board. Chairman Birdwell called the meeting to order and explained the functions and limitations of the Board. AGENDA ITEM NO. 2: Approval of minutes from the meeting of July 5, 1994. Mr. Hollas moved to approve the minutes from the meeting of July 5, 1994 as written. Mr. Rife seconded the motion which passed unopposed (5 - 0). AGENDA ITEM NO. 3: Consideration of a special exception request to allow the expansion of employee parking and storage areas of the existing Furrow's site located at 1501 East Bypass, lot 1 of the Harvey Road East Subdivision. Staff Planner Kuenzel presented the staff report to allow an expansion of approximately 24.2% totaling 18,400 square feet. At the time this facility was built, it had not been the City's policy to assign a parking requirements for the warehouse portions of retail uses. The site complies with the retail parking requirement of one space per 250 square feet. Current policy however, would be to impose an additional requirement of 39 parking spaces to this site for the existing warehouse space. The site provides l58 spaces, and under the current requirement should provide 187 parking spaces. The lot is therefore 29 spaces short (20%) of meeting this requirement. The proposed project would add an additional 18,400 square feet to the warehouse area, bringing the parking required under current methods to 206. The applicant also intends to provide 45 additional parking spaces to the lot, for a total of 203 spaces. The nonconformity will therefore be considerably less than the current development. The Zoning Board of Adjustment has the authority to grant a special exception to allow the expansion of a non conforming building when the Board finds that the expansion is necessary and does not exceed 25% of the area of nonconformity. Special conditions and hardships need not be found to grant a special exception. Six surrounding property owners were notified with one call received expressing concern of the existing and proposed drainage in the area to Highway 30. Drainage issues should be addressed as part of the final plat that is scheduled for Planning and Zoning Commission and City Council consideration. Chairman Birdwell opened the public hearing. Chairman Birdwell closed the public hearing Mr. Sawtelle stated that the Board has three options in this particular case: (1) deny the request; (2) approve the request as presented; or, (3) approve the request with several conditions. If the special exception request is granted, the Board should appoint a member of the Windwood Homeowner's Association to the planning committee for the Furrow's expansion and give them the power to veto anything that they disagree with or feel will be detrimental to their neighborhood. This joint effort would allow the neighborhood and Furrow's to take matters in their own hands. Mr. Hollas moved to authorize a special exception from Section 15, Zoning Ordinance 1638 to allow the enlargement of a building devoted to a non conforming use where such enlargement is necessary and incidental to the existing use of such building and does not increase the area of the building devoted to a non conforming use more than 25% and does not prolong the life of the non conforming use or prevent a return of such property to a conforming use. Ms. Poston seconded the motion. Mr. Rife stated that he is not concerned with the fewer number of parking spaces provided; however, the concerns expressed by Ms. Ellison should be addressed. Chairman Birdwell explained that the Homeowner's Association can attend the public hearings of the Planning and Zoning Commission and City Council and voice their concerns. Mr. Rife stated that he would feel more comfortable if the motion of approval was contingent upon the future approval of the Commission and City Council. Mr. Hollas moved to amend his original motion of approval with the condition that forty-five parking spaces be added and provided further that the replat be approved by City Council. Ms. • Poston seconded the amendment. The amendment passed (4 - 1), Mr. Sawtelle voted in opposition to the amendment. The original motion to authorize a special exception request as amended passed (4 - 1), Mr. Sawtelle voted in opposition to the motion. AGENDA ITEM NO. 4: Consideration of a special exception request to allow the expansion of an existing duplex into a triplex located at 415, 417 and 419 Stasney, lots 11, 12 and 13 of block 2 in the Tauber Addition. Staff Planner Dunn presented the staff report to convert the existing duplex into a triplex. The subject property is non conforming in terms of off-street parking requirements. The existing head-in spaces are considered on-street parking, which do not conform to the current Zoning Ordinance. The entire building structure is considered non conforming. The total floor area of the existing duplex will not change. However, the applicant proposes to rearrange the plan to split one of the existing two units into a third unit, thereby creating a triplex. The Planning and Zoning Commission granted a Conditional Use Permit on May 7, 1992 to construct the Islamic Community Church adjacent to the existing duplex. The original use permit was granted a six month extension which expired on November 7, 1993. The church was never constructed; however, once the church is constructed, it will provide additional parking for the duplex. Eleven surrounding property owners were notified wit11 one inquiry. Staff recommended that the special exception request be granted in accordance with the conditional use permit granted by the Planning and Zoning Commission with the condition that the church be constructed within one • year. If the church is not constructed within one year, the parking for the duplex must be built. Chairman Birdwell opened the public hearing. 7_BA Mirrnles' Arrgvst 2, 199-1 Page 3 of -1 Jim O'Keefe, the real estate manager for Payless Cashways of 230 Main Street in Kansas City, Missouri approached the Board and was sworn in by Chairman Birdwell. The existing College Station Furrow's business ranks within the top 10 stores in the country. Because of this success, • there is a need to expand to provide additional employee parking and improve the accessibility of materials in the yard area. Providing employee parking with rear access through the existing alley will allow more customer parking m the front of the building. There is an existing temporary agreement with the adjacent Sam's site to allow Furrow's employees to park in the Sam's lot until the additional employee parking is provided. The additional warehouse canopy will allow for the reorganization of existing materials so that they are more accessible to the public. The plan for next year is to allow customers in the warehouse area and allow them to pay at the outside booth instead of entering the store, obtaining a purchase request, paying the cashier and then driving around to the warehouse to pick up the product. The adjacent 1.83 is under contract with the condition of obtaining City approval for the proposed expansion. Mr. O'Keefe stated that Larry Wells with the Municipal Development Group is the engineer for the project and has submitted a final plat for the property. The drainage ordinance has been met and detention will be provided in the northeast corner of the proposed addition. Project Engineer Larry Wells with the Municipal Development Group, 203 Holleman East in College Station, approached the Board and was sworn in by Chairman Birdwell. He stated that the proposed expansion meets the drainage ordinance and a detention area will be provided for the new facility. Because of the detention and landscaping requirements, the additional three parking spaces could not be provided on the site. Sherry Ellison of 2705 Brookway Drive in the Windwood Subdivision approached the Board and was sworn in by Chairman Birdwell. Ms. Ellison expressed five concerns with the proposed expansion: drainage, noise, buffering, traffic and notification. There is an existing drainage problem in this general area that causes flooding and erosion in the Windwood Subdivision. The drainage for the existing Furrow's site including the proposed expansion should be funneled into Carter Creek instead of the existing neighborhood. Noise is also a consideration with the existing • trucks and equipment utilized at the Furrows site including the outdoor speaker system. Two way radios should be required so that the speaker system is not heard in the adjacent subdivision. The existing vegetative buffer between Furrow's and Windwood will be destroyed with the proposed expansion and should be replaced with an adequate buffer. Ms. Ellison informed the Board that traffic is a major consideration and the proposed expansion will only increase traffic along Harvey Road including the additional employee parking that will utilize the alley that currently runs behind the subject property. The final concern is the lack of notification of the Windwood Subdivision property owners. The requirement is to notify property owners within 200'; however, it is 250' from Furrow's to State Highway 30. The neighborhood was not notified of the expansion and will be impacted the most by the proposed development. Ms. Ellison requested that the subdivision be notified in the future of any development in the general area. Mr. Hollas thanked Ms. Ellison for bringing up the neighborhood concerns; however, the Zoning Board is not the appropriate body to address those concerns. Many of the issues expressed are zoning related that should be considered by the Planning and Zoning Commission and City Council when they consider the rezoning request. If the applicant could provide three additional parking spaces on the site, they would not need the approval of the Zoning Board. Mr. Sawtelle stated that in looking at the big picture, if the special exception will be adverse to the public interest, the special exception should not be granted. Jim O'Keefe informed the Board that he is willing to install a "walkie talkie" system and remove the existing yard speakers with the proposed expansion so that the noise level is reduced considerably. The back of the yard area is currently a wooden privacy fence; however with the expansion, there will be a solid wall, employee parking, landscape buffer and then the alley. Mr. • O'Keefe explained that under the current drainage ordinance, they are not allowed to increase the existing flow from the property. In order to comply with this ordinance, a detention basin will be constructed to contain the additional runoff created by the expansion. ZBA Mifrvtes Atigtist 2, 199=1 Page 2 of -1 ~ ---- Contractor Bill O'Brien of 1917 Whiteside in Bryan approached the Board and was sworn in by Chairman Birdwell. He stated that the building ~s called a duplex but is it has been used as a • triplex. The building consists of two individual units with their own kitchen and bathroom and one bedroom that has shared a bathroom and kitchen with the adjacent unit. The owners of the property would like to have the building officially serviced as a triplex by adding a small kitchen and bathroom. The owners intend to provide separate electrical, water and sewer service including individual heating and air conditioning systems. The structure will also be brought closer to code compliance with a new roof, smoke detectors and fire walls in order to improve the safety of the building. Regardless of the Board's decision, there will be the same number of bedrooms and people in the building. Because of the expense of the addition and repairs to the building, the owners would prefer not to install the required parking at this time and then have to redo it m a year when the church is constructed. Currently, there are only two or three vehicles owned by all of the tenants of the building. Chairman Birdwell closed the public hearing. He expressed concern that if the church is not constructed within one year that the owner cannot be forced to eliminate the third dwelling unit. Ms. Poston stated that the additional land is available to provide the parking required for the triplex and should be installed up front. Mr. Rife expressed concern that the proposal is a reconstruction and not an enlargement of a non conforming use since square footage is not being added to the building. The applicant should request a variance to the parking requirement and not a special exception. The Zoning Ordinance does not provide for the authorization of a special exception in this particular case. Assistant City Attorney Shively stated that the definition is ultimately up to the Board. In looking at Section 9.2 of the Zoning Ordinance and the definition of a non conforming use, there is discussion pertaining to the increase of "capacity" and not only an increase in square footage. • Mr. Hollas moved to deny the special exception request from Section 15, Ordinance Number 1638 since the application is not eligible for a special exception. Mr. Rife seconded the motion which passed unopposed (5 - 0). Chairman Birdwell stated that the applicant may reapply for a variance request. Mr. Sawtelle moved to request that staff pursue the waiving of the application fee for a variance request for the subject property. Mr. Rife seconded the motion which passed unopposed (5 - 0). AGENDA ITEM NO. 5: Other business. There was no other business. AGENDA ITEM NO. 6: Adjourn. Mr. Hollas moved to adjourn the meeting of the Zoning Board of Adjustment. Ms. Poston seconded the motion which passed unopposed (5 - 0). f r APPROVED: ~ ~~~~,/~~/,,`- ~~.~'' a ~.~-.~` ~_ A ~/ - la ning~ echnician, Natalie h mas Chairman, Dick Birdwell 7_BA Mijrt~tes Ar~gr~st ?, 199-1 page ;l ~ f .~ • ZONING BOARD OF ADJUSTMENT FORMAT FOR POSITIVE MOTIONS Special Exceptions -From Section 15 Ordinance 1638 I move to authorize the a. substitute of one non-conforming use for another because the extent of the substituted use is less detrimental to the environment than the first. b. ~ enlargement of a building devoted to anon-conforming use where such enlargement is necessary and incidental to the existing use of such building and does not increase the area of the building devoted to a non- conforming use more than 25% and does not prolong the life of the non- conforming11uslIe or preven~tja return of such property to a conformin a llsev ~~G4'iat'G~ -~ia_~~'~r ~S ~<i+'kn~ >~~~te~S b~ Qddrd /q~~~~r~~ ~~~ c. reconstruction of anon-conforming structure on the lot occupied by . such structure as the cost of reconstruction is less than 60% of the appraised value of the structure and because the reconstruction would not prevent the return of such property to ~i conforming use or increase the non-conformity. 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