HomeMy WebLinkAbout02/03/2000 - Minutes - Planning & Zoning Commission (2)MINUTES
Planning and Zoning Commission
WORKSHOP
CITY OF COLLEGE STATION,, TEXAS
February 3, 2000
6:15 P.I.
COMMISSIONERS PRESENT: Acting Chairman Hrlen, Commissioners warren, Floyd, Kaiser
and Parker.
COMMISSIONERS ABSENT: Chairman Fife and Commissioner Mooney.
COUNCIL MEMBERS PRESENT: Council Member Massey.
STAFF PRESENT: Senior Planner McCully, Staff Assistant Charanza, City Planner Kee,
Development Coordinator Ruiz, Director o f Development Services
Callaway, Graduate Engineer T ndre, Assistant City Engineer Mayo,
Transportation Planner Hard, Staff Planner Anderson, Staff Planner
Jimmersn, Staff Planner Hitchcock., Assistant City Attorneys Iemcil
and Ladd.
AGENDA ITEM NO. 1: Discussion of Conditional Use Permits.
Assistant City Attorney Ladd explained that this item was being discussed because of questions posed
by the Commissioners regarding whether o not time or other valid conditions could be placed on
Conditional Use Permits. She explained that a conditional use permit may have time restrictions placed
on it under the City of College Station' s existing zoning ordinance. She pointed out that a board should
look at the reasonableness of the restrictions as applied to the use under the specific facts presented. She
said that any cnditin placed n a Conditional Use Permit must relate t the subject f the permit and
be health, safety, and welfare concerns. A Conditional Use Permit is not personal to the applicant and
will run with the land as ling as the use is not abandoned. She pointed out that under the City's
ordinance, any conditional use that is discontinued for six months is assumed to have been abandoned
and the permitted use will not longer be valid. wireless towers must be discontinued for twelve months
before it is assumed abandoned. She pointed out that there is no requirement that a l andowner be
granted the use for which they are applying. A conditional use should never be granted where the effect
of the permit would constitute rezoning of the property. She explained that each conditional use
application should be determined on its own individual facts. There are no precedents in the granting or
denying of a conditional use permit. She said added that a board may not place any conditions or
restrictions o n a place of worship that would substantially burden the right to worship. She stressed that
the law requires that when placing time restrictions o n a conditional use, there must be ample time
allowed to recover investments.
P&Z Workshop Minutes February 3, 2000 Page I of
Commissioner Kaiser asked if the City could change the length of time that is used to determine the
abandonment period from 6 months to 3 months. Assistant City Attorney Nemcik said that there needs
to be a reasonable time period allowed to determine if a use has actually been abandoned, unless it is
obvious such as the building is boarded up.
Commissioner Floyd expressed his concern with some of the recent churches that have been granted use
permits. He said that he felt that there were some that were sharing parking with other businesses. He
asked that if the Commission were to impose a time restriction on the use and at the time of expiration it
is reviewed again by the Commission and there were problems incurred since the initial approval, could
the Commission then add additional restrictions or conditions on parking? Ms. Nemcik said that
additional restrictions or conditions at the time of second review would be alright. She added that if
there is a type of use that seems to always have a question on adequate parking, the parking
requirements for the type of use may need to be changed in the zoning ordinance.
AGENDA ITEM NO. : Discussion of items n Regular Agenda.
Staff Planner Jimmrn informed the Commissioners that the Final Plat for Cornerstone Commercial
would not be allowed to have access in direct alignment with an existing or planned median opening in
Rock Prairie Road, to prevent and eastbound or left -hand turn onto Rock Prairie Road to avoid further
congestion at a major intersection.
AGENDA ITEM NO. : Subcommittee updates.
There were no updates from the subcommittees at this time.
AGENDA ITEM NO. ; Adjourn.
Commissioner Kaiser moved to adjourn the workshop meeting of the Planning and Zoning Commission.
Commissioner Floyd seconded the motion, which passed unopposed -.
APPROVED:
ATTEST:
Chairman, Wayne Fife
Staff Assistant, Debra Charanza
P&Z Workshop Minutes February 3, 2000 Page 2 of