Loading...
HomeMy WebLinkAbout09/15/1994 - Minutes - Planning & Zoning CommissionMINUTES • Planning & Zoning Commission CITY OF COLLEGE STATION, TEXAS September 15, 1994 7:00 P.M. COMMISSIONERS PRESENT: Commissioners Hall, Garner, Lane, Lightfoot, Smith and Gribou. COMMLSSIONERS ABSENT: Chairman Hawthorne. STAFF PRESENT: City Planner Kee, Assistant City Engineer Morgan, Project Engineer McCully, Planning Technician Thomas, and Staff Planner Kuenzel. (Council Liaison Hickson was in the audience.) 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.l) Approval of minutes from the meeting of September 1, 1994. Commissioner Gribou moved to approve consent agenda item I . ] . Commissioner Garner seconded the motion which passed unopposed (6 - 0). AGENDA ITEM NO. 2: Public hearing to consider a rezoning request for 4.314 acres located along the east side of Wellborn Road approximately 500' north of the Graham Road intersection from C-2 Commercial Industrial to R-5 Medium Density Apartments. (94-120) Staff Planner Kuenzel presented the staff report and recommended approval of the proposed rezoning request. The site is located in the southwestern corner of the Edelweiss/Rock Prairie Estates Subdivision, the Master Plan for which was approved by the City Council in 1992. The Plan included a revision to the Future Land Use Plan to include this area, which had been annexed into the City a few months prior to the Master Plan submittal. That Plan showed single family located in the center of the subdivision with astep-down approach coupled with a landscape easement to assure buffering. Commercial zoning is limited to intersections including the subject tract. The C-2 was considered compatible with the M-1 to the south and the limited commercial to the north. The requested rezoning would Likewise meet development policies and be compatible with existing and planned uses in the surrounding areas. The Crty of College Station recently completed a capital improvement project which extended a main sewer trunk line to this general area. It is sized to adequately serve this type of development. This development would have to extend approximately 1800 feet of sewer to serve the development and tie mto this line. The development would also have to construct the collector street along the northern property line and waterlines per the Edelweiss/Rock Prairie Estates Master Plan. Access to this tract will not be permitted from Wellborn Road. A Fiscal Impact Analysis was run and the requested rezoning shows slightly less net revenue for the City under abuild-out scenario than the existing zoning for the subdivision. Commissioner Hall opened the public hearing. Representative of the applicant Russ Hutchins of 2207 Woodsong Trail in Arlington, approached the Commission and offered to answer questions about the proposed development. A total of 136 units are planned consisting of 13 buildings with 12 living units per building. He stated that the proposed retirement community will consist of 70% affordable housing retirees and the remaining 30% of the units will be at market rate. The rents will range from $350 - $550 per month. Mr. Hutchins stated that the actual density of the project is less than 10 units per acre. Access to the site will be from a proposed street that will connect to Wellborn Road. There will be no direct access from the proposed site to Wellborn Road. Commissioner Hall closed the public hearing. Commissioner Gribou moved to recommend approval of a rezoning request for 4.314 acres located along the east side of Wellborn Road approximately S00' north of the Graham Road intersection from C-2 Commercial Industrial to R-5 Medium Density Apartments. Commissioner Lightfoot seconded the motion which passed unopposed (6 - 0). AGENDA ITEM NO. 3: Consideration of a variance request to the minimum parking lot standards for the First Federal Savings and Loan building located at 2202 Longmire Drive. (94-403) Project Engineer McCully informed the Commission that the parking lot plan for the First Federal Banking facility on Longmire Drive was approved by staff in the course of the normal review process. The Project Review Committee (PRC) approved the site plan on March 4, 1994. However, approval of the site plan does not exempt an applicant from meeting all ordinance • requirements even if certain requirements were not mentioned in the PRC review. At the completion of site construction, an inspection was made and it was found that the southern limit of the original parking area, which extends a length of approximately 180 feet, had not been curbed in accordance with the Zoning Ordinance. It was determined that the marking on the plans was consistent with that of a proposed curb, but no note or direction was included on the plans which would ensure that the curb would be installed. The applicant and contractor were notified of the deficiency, and directed to install the curbing as required. Instead, the contractor installed concrete wheel stops along the edge of paving, believing that the wheel stops would meet our Ordinance. Because the discrepancy was not specifically noted during the or~gmal plan review, and due to the concerns of staff to not hinder the occupancy of the building, a temporary certificate of occupancy was prepared, with the curbing required to be bonded by the applicant. This agreement has not been signed by the applicant because a variance to the standards is pending. There is therefore no certificate of occupancy at this time and technically the building should not be occupied. Since the occupancy of the budding, the applicant has resisted efforts to install the curbing based on the following reasoning: the original parking lot was not curbed, the intention of the applicant is to further expand to the south and would have to remove this curbing at some point and because the comment was not made during the original plan review process. Several telephone meetings were held to inform the applicant of the City's intention to pursue code enforcement options to have the curb installed. During the course of these meetings, it was decided that because the curbing requirement could have been appealed to the Planning and Zoning Commission after PRC, and since the applicant was not aware of this opportunity, that the applicant should be allowed to request a variance to the Zoning Ordinance. Normally, a variance request must be submitted no later than ten days after PRC review. The variance request is based upon the opinion of the applicant that the wheel stops are the same as curbing, that the openings between the stops will allow drainage to exit the site better, and that the replacement of the stops • with curbing is an unnecessary expense. P & Z ~l~lin~r~tes September 1 ~, 199- Page 2 of ~ Project Engineer McCully stated that section 9.2.D of the Zoning Ordinance requires that all on site driveway and parking areas be surrounded by a raised 6" high concrete curb. Concrete wheel • stops are not acceptable options because they do not adequately meet the intent of curbing. It is staffs opinion that the curbing should be installed to meet the aesthetic intentions of the Ordinance, to prevent the loss of control over the edge of the parking area by the eventual loss and or destruction of the wheel stops, and to confine the drainage outflow from the parking into the two established paths which existed prior to the expansion. Based upon these facts, staff recommended denial of the variance request and requested direction to the applicant to install the curbing. Stan Stevens and Bobby Williamson, representatives of the First Federal Savings and Loan Association, approached the Commission and stated that they have complied with all of the improvements that they proposed. There was never any plan to curb that particular section of the existing parking lot to allow for future expansion. If the curbing was installed, it would have to be removed within the next three to five years when the site is expanded. Mr. Stevens apologized for any misunderstanding and explained that having to install the curb would require the bank to go through another approval process through the regulatory agencies in Dallas. If the problem would have been identified during construction, then the problem could have been resolved at that time. However, he was not notified until after the fact of the requirement to install the curb. Mr. Stevens stated that he would install the curb if for some reason the facility is not expanded within the next five years. StaffPlanner Kuenzel explained that on June 10, 1994 the site was inspected and the missing curb section was identified. On June 13th, the contractor was notified of the problem. At that time, a temporary certificate of occupancy was drafted to require a bond for that section of the curb that was never signed by the applicant. Commissioner Lightfoot stated that the local architect or engineer should have been aware of the • City ordinances. Any variances to the current standards should have been identified during the site planning stage. Commissioner Gribou moved to deny the variance request to the minimum parking lot standards for the First Federal Savings and Loan building located at 2202 Longmire Drwe. Commissioner Lane seconded the motion. Commissioner Hall stated that the site has been brought up to code with the exception of the curb which was a misunderstanding. He suggested that the variance be denied with the condition that the applicant have a three to four year time period of compliance. This would allow the wheel stops to remain until the site is expanded. The original motion to deny the variance request failed (3 - 2 - 1). Commissioners Lightfoot and Hall voted against the motion and Commissioner Garner abstained. Commissioner Smith explained that he voted in favor of the motion with the understanding that the three to five year time period of compliance was part of the motion. Since that condition was not part of the motion, Commissioner Smith requested to change his vote against the original motion to deny the variance request. Commissioner Smith moved to deny the variance request with the condition that the applicant is allowed a four year time period to come into compliance with the City standards. Commissioner Lightfoot seconded the motion with a second condition that the wheel stops must be installed in a continuous fashion placed end to end to give the appearance of a curb with only two gaps in the wheel stops to allow for drainage. Commissioner Smith agreed to the amendment. The motion passed (4 - ] - 1); Commissioner Gribou voted in opposition to the motion and Commissioner Garner abstained. P & 7_ Mif»rtes SeplE~mber• 1 ~, 199-1 Page 3 of ~ AGENDA ITEM NO. 4: Consideration of a variance request to the minimum parking • lot standards for a parking lot in the Northgate area to be located on the northeast corner of Boyett and Patricia. (94-422) Project Engineer 1`iIcCully presented the variance request from the City standards for paving and curbing as contained within the Zoning Ordinance. In order to minimize improvement costs, the applicant would like to provide a gravel parking lot with railroad ties or concrete blocks for wheel stops. The property is to be leased rather than bought by the applicant. In return for the variance, the applicant is proposing to double the minimum landscaping requirements that are normally imposed for commercial projects. Staff expressed concerns with providing gravel as a driving surface for several reasons. Gravel does not withstand constant traffic loading, tends to "wash away" and would therefore become a high maintenance item in a high traffic area. The proposed wheel stops would not contain the gravel on site and are not aesthetically pleasing. Due to the age of this area, most of the sites in Northgate are nonconforming in many aspects. Although little code compliance can be found, the City has taken the view that new projects should meet the minimum standards that are currently in effect city wide. The Zoning Ordinance provides for flexibility in the parking requirements as far as the number of spaces is concerned. This flexibility came about in an effort to allow the existing businesses to continue operation without undue hardship. But all new parking areas are expected to meet minimum standards relating to materials and landscaping. Although the reasoning for providing such a facility is worthwhile, staff has considerable concern that allowing gravel would set a precedence and would work against Council's Community Appearance issues. The intent of the materials standards is met by the current ordinance requirements. No variance has been granted to date. Any existing gravel lots were installed before the City required paving. Even if the Planning and Zoning Commission places maintenance conditions on the approval, it could in the long run become a cost burden to the City with regard to code enforcement. Staff recommended denial of the variance request. • Applicant Richard Benning informed the Commission that he is working with the Jack Boyett Estate, the owners of the subject property, to provide additional parking for the Northgate businesses. The additional parking area would also help replace some of the parking that will be lost as part of the College Main project. He stated that the subject property will be leased instead of purchased because of the high price on the land. It would cost approximately $70,000 to build the parking lot to City standards and insurance is also a consideration once the parking lot is completed. Mr. Benning stated that he will be willing provide twice the amount of landscaping required and install a 4" base material to allow for future paving of the parking lot. Any changes to the subject property would definitely be an improvement. The property is currently an eyesore, a maintenance problem and a code enforcement problem for the City. The proposed parking lot would provide much needed parking for the Northgate area. John Raney, owner of the Texas Aggie Bookstore in the Northgate area, approached the Commission and stated that he would like to be involved in the project to add parking to Northgate. All of the improvements planned for Northgate are conceptual and for the future; however, the businesses need some immediate relief and additional parking. Commissioner Garner stated that she would be willing to allow the gravel surface as long as it is maintained. She stated that the proposed lot would be an addition to the area and improve the subject property. Commissioner Garner moved to grant the variance request to the minimum parking lot standards for a parking lot to be located on the northeast corner of Boyett and Patricia. Commissioner Smith seconded the motion. Commissioner Gribou stated that as a transitional situation, the parking lot may help; however, he is against putting in something that does not meet current code requirements because it • perpetuates itself. Once a variance is granted for the property, bringing rt into compliance is problematic. P ~ Z ~li/ir~lite~s S'e~~tember~ 1 ~, 199-I Page -~ of ~ Commissioner Hall stated that he understands the concerns of the Northgate business owners; • however, these parking lot standards are required throughout the City. The property owners in Northgate must help to resolve the parking problem and not place the tenants in the middle. Commissioner Lightfoot stated that he is sympathetic to the businessmen in the Northgate area. The streets in the neighborhood are also in terrible shape. There is a need far parking in the area; however, we have no idea how long the gravel lot will be there and how it will be maintained. The motion failed (1 - 5); Commissioner Garner voted in favor of the motion AGENDA ITEM. NO. 5: Other business. Commissioner Garner informed the Commission that she is serving on the Capital Improvements Plan Committee. She distributed a schedule of future meetings and goals for the Committee. Commissioner Gribou informed the Commission that he is serving on the Northgate Advisory Committee and will update the Commission on future activities. Assistant City Engineer Morgan presented a memo from the legal department with regard to sidewalks. She asked the Commission to read over it and any questions could be discussed at the next available meeting. AGENDA ><TEM NO. 6: Adjourn. Commissioner Lane moved to adjourn the meeting of the Planning and Zoning Commission. Commissioner Smith seconded the motion which passed unopposed (6 - 0). • APPR ~ V~ / l ,// ~' ---_.__. fir, Chairman, Kyle Hawthorne ATTEST: ' ! / r ~, _ {,- Plann~rig Y~ecfinician, Natalie Thomas • P & Z Mif~r~tes Sepien~be~• l~, 19>-~ Page ~ of ~ Registration Form • (For persons who wish to address the Commission) Date of Meeting ~- ~ .~ " 9 //Agenda Item No. Z Name ~i s 5 ~~~~~/., Address a~a~woo.rss.~.~, ik- ~•~ TY. 7!~/~ If speaking for an organization, Name 9f organization: Speaker's official capacity: / ~// ~c.0 Co /~~,c Cpl ' ~ ~ ~`~. / S ,.,L ~.~. Subject on which person wishes to speak: Please remember to step to the podium as soon as you are recognized by the chair, hand your completed registration form to the presiding officer and state your name and residence before beginning your presentation. If you have written notes you wish to present to the Commission, PLEASE FURNISH AN EXTRA COPY FOR PLANNING FILES. :7 G • ~lannin8 ~' Zoning Commission Guest ~e~ister ;. /~ ~ Date ~, ~ "c ame ~ ~l cfrfress rte= 3. L ~ ~ ~ j' c,-~ 4. " ~! ~ Cat ~i l~2CZ.r~~C~ -x: 6. 7. 8. 9. 10. I1. 12. 13. 14. IS. 16. 17. 18. 19. 20. 21. 22. 23. 24. 2S. J