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00070960f1t f vopy. MINUTES Planning and Zoning Commission CITY OF COLLEGE STATION, TEXAS May 17, 2001 AGENDA ITEM NO. 9: Public hearing, discussion, and possible action on a Conditional Use Permit for a temporary parking lot for Christ United Methodist Church located at 4203 Earl Rudder Freeway. (01-111) Staff Planner Reeves presented the staff report. The subject property is located on Highway 6 south on the northwest corner of the property of Christ United Methodist Church. Ms. Reeves explained that the Church is requesting permission to continue the use of a temporary parking lot to accommodate patronage that has continued to grow. On September 16, 1999 the Planning & Zoning Commission granted the temporary parking lot Conditional Use Permit. In this particular instance staff is recommending approval of this 2nd temporary parking lot because of the need demonstrated by the applicant. Since the time of the first Temporary Parking Permit they have strived to add 152 permanent spaces. But, because of the changing demographics of the congregation, the parking demands continue to increase. They have attempted to alleviate the problem by other methods, such as staggering services, but have not been successful. Staff feels that 12- months is a reasonable amount of time to find a permanent solution. Commissioner Floyd clarified that there is an appeal scheduled to go before City Council. Jerry House, 4719 Shoal Creek stated that the temporary parking space is needed. Since the beginning of the church in August 1995, the church has grown to a membership of almost 1600 with a three-worship service format. In the fall of 1999 we came before the Planning &Zoning Commission requesting a temporary parking lot because of the quick growth of our congregation and the permanent parking we currently had became inadequate. With the purchase of Desert Hills and the renovation plans we have added an additional 166 permanent parking spaces. The need for the temporary parking spaces exists again. Financial resources are currently being invested in facilities to meet the ministry needs of our congregation and the community. We believe we must first pay down the dept of these purchases and renovations and then move as quickly as possible into phase three of our master plans, which includes a permanent parking lot. Chairman Mooney opened the public hearing. Chairman Mooney closed the public hearing. He asked the Commission for more time to explore the traffic issue by speaking with Mr. Blashke and also with the TXDOT engineers, who are going to impose their criteria because this is their frontage road. He estimates approximately two weeks. Commissioner Horlen withdrew his motion. Likewise, Commissioner Floyd withdrew his second. Commissioner Horlen motioned to table the item until the next Planning and Zoning Commission Meeting on June 7 h to allow Mr. Mayo to meet with TXDOT in determining if there is any way to have a second access or to further clarify the situation with access off of the bypass access road. Commissioner Floyd seconded the motion. Commissioner Happ asked Mr. Mayo to also explore the possibility of providing an access road farther to the south. Commissioner Floyd asked that the parking lot design also be re-examined. Chairman Mooney suggested possibly securing a right of way or easement from the property owner along the frontage north of the site of the church. Chairman Mooney called the question. The motion to table carried, 5-0 Chairman Rife said that he was in favor of the motion, but understood the opposition expressed by Commissioners Floyd and Warren. He did not see evidence that the site and parking layouts would pose a problem. Chairman Rife called for the vote and the motion to approve the conditional use permit passed 4-2; Commissioners Warren and Floyd voted in opposition to the motion. AGENDA ITEM NO. 5: Public hearing and consideration of a Conditional Use Permit and approval of a temporary parking lot site plan for Christ United Methodist Church, located east of State Highway 6 across the highway from the Shenandoah Subdivision. (99-721) Staff Planner Jimmerson presented the staff report and explained that the church is requesting permission to build a temporary parking lot to accommodate patronage in excess of what was anticipated when the facility first opened. Because of the size of the requested lot it was determined that it is a significant change to the existing conditional use permit and would require reconsideration by the Commission. These are two separate items for the Commission to address. First, the amended conditional use permit, in light of the increased parking requested; and second, permission to construct a temporary parking lot. The church is aware that temporary parking lots are only permitted for a maximum of 12 months. After 12 months, the lot must either be brought into full compliance with parking lot standards required by the Zoning Ordinance or the site must be cleared of all paving material and seeded, sodded or hydromulched and can no longer be used for parking. At this time the church does not anticipate maintaining the lot in its current configuration after the 12-month period. The church is currently working on an expansion plan for their parking and building facilities, which they plan to bring before the Commission for another Conditional Use Permit reconsideration, within the 12 month period. The Commission shalt determine the beginning date of the 12-month period. The church is requesting that the date be set as of the first date that the temporary lot is put into use. Section 14 of the Zoning Ordinance authorizes the existence of conditional uses. The Commission may permit a conditional use subject to appropriate conditions and safeguards, when after public notice and hearing the Commission finds that: 1. "The proposed use meets all the minimum standards established in the ordinance for the type of use proposed." 2. "That the proposed use meets the purpose and intent of the ordinance and is in harmony with the development policies and goals and objectives as embodied in the Comprehensive Plan for Development of the City." 3. "That the proposed use will not be detrimental to the health, welfare, and safety of the surrounding neighborhood or its occupants, not be substantially or permanently injurious to neighboring property." "The Commission may impose additional reasonable restrictions or conditions to carry out the spirit and intent of the ordinance and to mitigate adverse effects of the proposed use. These requirements may include, but are not limited to, increased open space, loading and parking requirements, additional landscaping and additional improvements such as curbing, sidewalks and screening." Section 9G of the Zoning Ordinance authorizes the existence of temporary parking lots. The Commission may permit a temporary parking lot, subject to appropriate conditions and safeguards, after taking into consideration the following: P&Z Minutes September 16, 1999 Page 4 of 9 Assistant City Attorney Nemcik said that the Commission cannot place restrictions or conditions on Conditional Uses of off-site parking. She said that the Commission could direct staff to talk to TxDot about placing restrictions on the frontage road, but it cannot be a condition for the permit. Commissioner Horlen moved to approve the Conditional Use. Commissioner Warren seconded the motion. The motion passed unopposed (6-0). Commissioner Horlen moved to approve the temporary parking lot and the effective date to begin the 12-month period begin at the time the lot is first opened for public use but no later than one year from this meeting. Commissioner Parker seconded the motion, which passed unopposed. Commissioner Mooney directed staff to investigate with TxDot the placement of parking restrictions along this portion of the frontage road. Commissioner Horlen said that he had a problem with this direction. He asked that this wait until after the new parking lot is put into use, and then see if there is still a problem with frontage road parking. AGENDA ITEM NO. 6: Consideration of a request to waive the 180-day waiting period for a rezoning application; to rezone the property in the Morgan Rector League Abstract #46, northeast of State Highway 6 and Raintree Road (approximately 14.23 acres) from R-1 Single Family and A-O Agricultural Open to PDD-H (apartments and townhomes). Chairman Rife removed himself from the duty of Chairman for this item. Commissioner Mooney took over as Acting Chairman in Rife's absence. Senior Planner McCully explained that this request was to see if the Commission would waive the 180- day waiting period, which is normally required when a rezoning has been denied on a piece of property. The PDD-H zoning request was also denied at the City Council level after the Commission recommended denial. At the time of denial by both the Commission and Council, no discussions were held to consider denial without prejudice, which would allow the applicant to return with a rezoning request before the 180-day waiting period. The ordinance would allow either the Commission or the Council to waive this waiting period, but neither desired to do so at the time of consideration. She said that it was to her understanding that the applicant wanted to return with the townhome portion of the PDD request alone. Commissioner Floyd asked what would be the basis for waiving the time period. Ms. McCully said that there are no specific standards in the ordinance, it is entirely up to the Commission if they feel there is a desire to waive the period. She explained that the general reason for the waiting period is to eliminate the probability of applicants continued return of a request to try to wear down the Commission and/or Council and to allow the Commission and Council to consider each request on it's merits. Commissioner Horlen asked how long the ordinance stating the waiting period has been in effect. Ms. McCully said it has been in existence for a very long time. She also explained that in the past the Commission and/or Council has waived this waiting period for requests on a case-by-case basis. It is at their discretion to do so (denial without prejudice). Commissioner Parker said that during his term with the Commission, the waiting period has been waived for certain reasons (i.e. if the Commission felt a different zoning classification would better fit P&Z Minutes September 16, 1999 Page 6 of 9