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HomeMy WebLinkAbout07/21/1987 - Regular Minutes - Zoning Board of AdjustmentsMINUTES • CITY OF COLLBGB STATION, TEXAS Zoning Board of Adjustment July 21, 1987 7:00 P.M. MBMBBRS PRESBNT: Chairman Ruesink, Members Thompson, Gentry, Bvans & Gilmore MBMBBRS ABSENT: Alternate Members Julien & Henry STAFF PRESENT: Zoning Official Kee, Assistant City Attorney Banks, Director of Planning Callaway for part of meeting and Planning Technician Volk AaBNDA ITBM N0. 1: Call to order - explanation of functions and liaitations of the Board. Chairman Ruesink called the meeting to order, opened the public hearing and explained the functions and limitations of the Board. AaBNDA ITBM N0. 2: Approval of minutes - meeting of July 7, 1987. Mr. Bvans made a motion to approve the minutes. Mr. Gentry seconded the motion which carried unanimously (5-0). • A(iBNDA ITBM N0. 3: Hear visitors. No one spoke. AaBNDA ITBM N0. 4: Consideration of a request for variance to parking requireaents (nuaber of spaces, size of spaces and landscaped islands) as regulated by Section 9 Ordinance No. 1638, at 700 Harvey Hoad, which is along the south side of Harvey Soad on both the east and west sides of the extension of Stallings Drive. Applicant is John Merritt - LZT Associates, Inc. Mrs. Kee identified the subject land, pointing out that it will be divided into 2 tracts when Stallings Street is extended to the south from Harvey Road, a condition imposed on the applicant at the time the land was rezoned to commercial. She explained the purpose of the request is to allow the developer to provide fewer parking spaces than required by ordinance, to reduce the size of some of the parking spaces provided to accommodate only compact cars and to reduce the area of some of the islands. She then read applicable ordinance sections. Mrs. Kee went on to describe physical characteristics of the land including how access to the tracts will be provided. She stated that since it would be more advantageous to the applicant in terms of signage in the future, the project will be viewed as 2 separate building plots, with parking requirements calculated for each plot based on the preliminary site plans presented by the developer. She stated that the plan includes approximately 280 parking spaces on the western tract where • approximately 274 spaces would be required, and approximately 550 spaces on the eastern tract where approximately 650 spaces would be required. She indicated that perhaps percentages rather than numbers should be considered, adding that the applicant is requesting an approximate 15 percent reduction in the number of spaces • on the east side which would represent parking for the theater at 1 space per 3 seats rather than 1 per 2.5 as is required. Mrs. Kee then explained that the ordinance requires all parking spaces to be 9'x 20' or 9'x 18' with a 2' overhang, and the applicant is proposing to provide approximately 19 percent of the total number of spaces included to be 7.5'x 17' and 7.5'x 15' to accommodate compact cars. Mrs. Kee went on to explain the applicant is proposing to reduce both the length and width of some of the islands; the width never being less than 5' with the length being at least the length of the adjacent parking space in all cases. Staff has reviewed this proposal and has determined that such action should not inhibit the applicant in achieving the total landscaping points required, and would not create a traffic circulation problem because the islands will still be in the required locations, although smaller in area. Mrs. Ree informed the Board the City has recently amended its land use plan to include the Wolf Pen Creek Drainage and Park Project, which will address flood control and provide a linear park along the creek from Texas Avenue to the East Bypass and does run through this property. The conceptual plan which has been adopted by the City for development along this creek includes several satellite parking areas, so there can be some pedestrian flow and bike traffic from the park into this project. Mrs. Kee then explained the intent of the ordinance in addressing parking regulations, stated there has been no previous action on this property and informed • the Board that although 100 adjacent property owners had been notified of this request, to date she had only received one inquiry from a condo owner who expressed no problem with the request. She stated that the Fire Marshal will address adequate access for emergency equipment to the buildings at site plan review which may or may not necessitate removal of parking spaces, but should that be required, the number lost would be minimal. Discussion followed concerning the location of the extension of Stallings, parking spaces to accommodate only compact cars, other cities which allow smaller spaces by ordinance and who will be responsible for extending Stallings street. John Merritt, LZT Associates, Inc. came forward and was sworn in. He identified himself as the architect for the owner, and explained exactly what the developer is planning to build on these two tracts. He pointed out that the land is encumbered in 2 ways: The installation of Stallings which divides the tract and Wolf Pen Creek which runs along the property, the development of which as proposed by the City will require some amount of property to be used for the park as well as to cause the entire project to be oriented toward the creek. He cited these encumberances as special conditions which constitute hardships to the developer. Mr. Merritt went on to explain that compact parking areas are being proposed to enable development of parking space numbers to get more in line with the City's ordinance requirements, as well as to accommodate a certain percentage of smaller vehicles. He stated that some cities address compact parking spaces in ordinances which require a certain percentage of the total number of spaces to be built specifically for those smaller vehicles, adding that in Austin the requirement has • recently been changed so at least 25~ of the total number of spaces will be smaller. He went on to describe how the areas for compact vehicles will be identified since they will be separate from areas to accommodate larger vehicles. ZBA Minutes 7-21-87 Page 2 • Discussion followed concerning how enforcement will be handled, the location of certain areas away from the nearest entrances, how much land will be dedicated to the development of the park proposed by the City, cooperation between the private developer and the City, maintenance of the area along the creek, and how the conceptual site plan might be changed to reflect all 9'x 20' parking spaces and the probable number of parking spaces which would be lost as a result. Director of Planning Callaway was sworn in and stated it is undetermined as yet who will maintain the area adjacent to the creek, and exactly what that area is called will affect the outcome. He went on to explain that the City is only in the initial stages of developing some kind of plan, and it is impossible to establish a time frame for the project at this time. Additional discussion followed between the Board and Mr. Merritt regarding timing of the proposed development, possible tenants, and again touched on the subject of how many parking spaces would be lost if all were of a size to meet ordinance requirements. Location of the flood plain was discussed with Mr. Merritt explaining that the topography will require some fill, and an effort will be made at that time to save as many large, hardwood trees as is possible. ~ Jim Jett, 206 Bmberglow, College Station came forward, was sworn in and spoke of the owner and potential developer, Robbie Mayfield, and described other projects he has developed in other cities. He explained that he owns the land on the other side of the creek from this land, and will also lose approximately 50 feet from his tract and • explained several possible ways the park can be developed, financed and maintained, adding that nothing has been finalized to date. He then explained that the extension of Stallings is committed on this tract, and will extend through his tract when construction begins, adding that there will be some benefits to this extension, and some hardships which will include the cost of the street and required bridge he and Mayfield will incur, with only possible minimal rebate through flood control. Mr. Jett then stated that he and Mr. Mayfield have received outstanding cooperation from the City staff. Throughout the discussion of the size of parking spaces, Mr. Gilmore stated that he was opposed to having any smaller spaces, explaining that in his opinion, the smaller vehicles would use the larger spaces because they are closer to the entrances of various facilities, and then the people with larger vehicles would not have room to park because the areas set aside for compact cars have not only smaller spaces, but smaller areas in which to maneuver the vehicles. Mr. Merritt then explained that although part of his request is to reduce the size of the islands, the total square footage of landscaped islands will be more than required by ordinance since ordinance requires approximately 17,280 sf of landscaped islands for the conceptual site plan and his plan includes in excess of 19,500 sf of landscaped islands. He then stated that he believes granting this variance will not be contrary to the • public interest since most cars today are smaller than in years past and reducing the size will allow accommodation for more vehicles, the reduction in the size of the landscaped islands will not reduce the total square footage of landscaping since ZBA Minutes ?-21-87 Page 3 landscaped islands will be used to help control traffic flow in the lot. He offered to answer any questions. Mr. Evans then made a motion "to authorize a variance to the parking requirements (Section 9) from the terms of this ordinance as it will not be contrary to the public interest, due to the following special conditions: The applicant has agreed to work with the City to allow an extension of Stallings Drive and to design the project respecting the City's desire to relate to the Wolf Pen Creek Park, and because a strict enforcement of the provisions of the ordinance would result in unnecessary hardship to this applicant being reduced parking in the street extension, the required frontage along the street and the landscaped area of the Wolf Pen Creek Park, and such that the spirit of this ordinance shall be observed and substantial justice done subject to the following limitations: The reduced number of parking spaces, the compact spaces and the reduced areas of the islands as provided by the application." Motion was seconded by Mr. Gentry. Mr. Thompson asked if that covers everything requested in the application and Mr. Evans replied that it does. Mr. Gilmore stated that he would still prefer that the compact spaces be made into regular sized spaces. Additional discussion followed concerning what would happen with fewer but larger spaces, with most members agreeing they are glad to see a developer so willing to cooperate on a special project with the City, and they really had no problem with either size parking spaces. Mr. Gilmore made a motion to amend the motion to eliminate the compact parking and to require that all spaces be 9'x 20'. Mr. Thompson seconded the motion to amend. The applicant was invited forward to address the amendment and Mr. Merritt stated • that there will be a certain percentage of people who do not park in spaces designated specifically for their size vehicles, but even if a certain percentage ~~ does, the City will benefit from having more spaces available; in other words, numbers are more important than size. He finalized by stating that if all large spaces are required, he will have to redesign the plan to try to accommodate as many spaces as possible since larger spaces will not fit into the type of traffic pattern designed. Mr. Evans stated he would have to vote against the amendment because he believes the plan as proposed is better than it would be if it were changed to accommodate larger spaces, and he also agrees that the City will be benefitted by more available spaces. Discussion followed regarding the number and percentages of shortages as well as how many seats per space are being allowed for the theater. Mr. Thompson stated that he liked the original motion and the addition of the amendment would leave the Board guessing as to what would happen in the final plan, and that bothers him. Mr. Gentry said that he is impressed with the conceptual plan presented in the proposal and is in favor of the ideal of encouraging that type of space utilization. Additionally, he said he would rather the developer continue with his plan as proposed and believes there will be more than adequate parking with the design of the lot and the incentive of separate, shaded spaces in the compact lots, therefore he is in opposition to the amendment. Votes were cast on the amendment and the motion to amend the original motion failed by a vote of 1-4 (Gilmore in favor}. Votes were then cast on the original motion and • it carried unanimously (5-0). Chairman Ruesink declared a brief recess to the meeting, afterwhich he again called ZBA Minutes 7-21-87 Page 4 the meeting to order and continued with Agenda Item #5. • AGBNDA ITBM N0. 5: Consideration of a request for interpretation of Section 12.3.Q. FUBL PRICB SIGN regarding allopable area and location. Request is subaitted by the Zoning Official of the City of College Station. Mrs. Kee referred to her memo which was included in the packet which outlined a brief history of events which led up to the inclusion of the fuel price sign regulations included in the current zoning ordinance. She stated that for the past 6 years since she has been Zoning Official she has ' interpreted that part of the ordinance to mean that each filling station in the City has the option of having a separate freestanding fuel price sign which does not exceed 16 square feet in area (or 15 feet in area under the previous ordinance), but at a recent meeting the question came up as to why more than 16 square feet cannot be included in the maximum allowable area of the allowed freestanding sign instead of being a separate, additional freestanding sign. Mrs. Kee explained that she has no problem changing the way she interprets this section of the ordinance, but that she would be uncomfortable simply making the change of interpretation on her own without receiving direction from the Board. Discussion followed concerning whether or not one large sign with a small company name and a large fuel price sign would be acceptable, with Mr. Bvans stating that he has a real problem with that since the fuel price sign is constantly changing and the fuel price part of the sign would soon deteriorate, and proper maintenance would be • questionable due to the cost involved. Mr. Gentry stated that if a station has no company affiliation it could have only a price sign since the City does not regulate sign content. In other words he believes a station could have an allowable area with anything on it plus a separate fuel price sign, and in actuality, could have 2 fuel price signs - one freestanding sign for anything plus a 16 sf fuel price sign. Mr. Bvans disagreed and read from the ordinance, then interpreted the Fuel Price Sign section to mean that a station could have only 1 fuel price sign which is no larger than 16 square feet to advertise the current price. He went on to say that he believes the reason for only allowing the one smaller sign is to accommodate the quick price changes on a sign which is easier and less expensive to maintain. Mr. Gentry disagreed explaining that he thinks that the ordinance means there can be one sign on the site to advertise the price in addition to the freestanding sign which all commercial sites are allowed, thus giving filling stations something extra. He went on to state that what the Bxxon station proposed, that is to include the fuel price sign in the allowed freestanding sign would be acceptable, and that actually he thinks it would be acceptable to have the large freestanding sign include a price sign, and then to have the additional smaller 16 square foot fuel price sign. Mr. Bvans and Mr. Gilmore both disagreed, adding they both think the interpretation given to this section by Mrs. Kee for the past 6 years is the correct interpretation. Mr. Gentry said that although he disagrees, he will be able to accept an interpretation to the effect that only one fuel price sign will be allowed per site, • and if that sign is separate, it will be limited to 16 square feet in area. Mr. Ruesink said that he believes the intent of the ordinance is to preclude ZBA Minutes 7-21-87 Page 5 cluttering sites with large, portable or numerous signs, and additionally, that the • allowed fuel price sign is to be 16 square feet or less in area. He went on to say that if the fuel price sign is incorporated into the larger allowed freestanding sign, then the area must be limited to 16 square feet or less. Mr. Evans and Mr. Gilmore agreed, and restated that they believe Mrs. Kee has had the correct interpretation all along, and they would prefer continuing with that interpretation. Mrs. Kee said that if the Board believes her interpretation, or the ordinance itself to be too restrictive, the Board can direct staff to re-write that part of the ordinance. Mr. Ruesink asked if the intent should be changed, or if the section simply re-written for clarification. Mr. Evans said he prefers keeping the interpretation the same as it has been. Mr. Gentry said that the section could be re-written for clarification, but with the intent of keeping the same interpretation Mrs. Kee has used for the past 6 years, and then offered to prepare a re-write of that section and directed staff to include the item on the agenda again at the next meeting. All Board members agreed staff should act according to Mr. Gentry's last direction. AQBNDA ITBM N0. 6: Other business. Assistant City Attorney Banks referred to a copy of the case provided to each member which covers the recent taking of land in a flood plain, and asked the Board to direct any questions to the Legal Department after reading through the case. Mrs. Kee referred to another memo from the Legal Department which refers to the • recent questions the Board had about whether or not there is some way available to the City to allow the Baylisses to build a carport at their duplex for their tenant who has health problems. Mr. Ruesink sta~ed that after reading the information provided, there seems to be no action the C~ can take to allow that carport. Mrs. Kee then stated there will be a meeting on August 4th to consider 3 requests plus the Fuel Price Sign statement Mr. Gentry will present. There was no other business mentioned. AGBNDA ITBM N0. 7: Ad3ourn. Mr. Gilmore made a motion to adjourn. Mr. Evans seconded the motion which carried unanimously (5-0). APPROVED: Chairman, David Ruesink ATTEST: Cl~ ----------------- • City S re ary, Dian Jones a v # c ~ 1' ~ ~ C~Aq/laEd Ta Sa,4rrb ZBA Minutes 7-21-87 Page 6 ~~iC~iE'/ 7'~ • ZONING BOARD OF ADJUSTMENT FORMAT FOR POSITIVE MOTION Variances from Section 15 Ordinance 1638 I move to authorize a variance to the yard (Sect ion 8.7) lot width (Table A) lot depth (Table A) _minimum setback (Table A) __~~___parking requirements (Section 9) from the terms of this ordinance as it will not be contrary to the public interest, due to/ the following special conditions: t~v~ VC~L- c • Gc ~1 7Gt G- and because a strict enforcement of the provisions of the ordinance would result in unnecessary hardship to this applicant being: ~ /~ _re!' ~C.~{ _ _ f~ ~~.c _ I n_ ~~__S~t?-~ee`7 -~-~c?~H..S%e.-~ -.~-~ 7`" _~? -~ (JI,/..~,_I ~ - t j --- ~---- - ~ `~ ~~ and su"bh th~ the spirit of this ordinance shall be observed and substantial justice done 'fib ~ect o the1followin~jlimitations• ~ ~ d~ ~' ~ ~~ ~ ~ -f~~. ~ Motion made by __ ~~_S___~____ Date 70?/~!!~ 7 Seconded b ________ Voting Results ~~` y -- -- ----------- ----- ---- Chair signature ___~d.~P_ ~ __ _____________________ ~rl r~c~ ~~e•v~.~v-~ ZONING, BOARD OF ADJUSTMENT GUEST REGISTER DATE July 21, 1987 NAME ADDRESS 1 • `,1 I~1t0 C...~-~T`~l1r~D s . 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