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HomeMy WebLinkAboutMin - Board of Adjustment - 1998 - 03/03 - RegularP ATTENDANCE: Board Members Present: Galen Clay, Vice -Chairman Robert Engle Jeff Cocking David Prall Randel West Board Members Absent: Bill Roberge, Chairman BOARD OF ADJUSTMENT REGULAR MEETING MARCH 3, 1998 City Staff Present: Bret McCullough, Building Official Sally Leeper, Administrative Assistant CALL TO ORDER AND ANNOUNCE A QUORUM With a quorum of the Board present, the Board of Adjustment was called to order at 7:30 p.m. by Acting Chairman Clay at the Allen Library Conference Room, Two Allen Civic Plaza, Allen, Tes. s. I BOARD OF ADJUSTMENT MARCH 3, 1998 Approve Minutes January 6, 1998 PAGE 2 (Agenda Item III) Acting Chairman Clay read the agenda item into the record as follows: "Approve minutes of January 6, 1998, Regular Meeting." MOTION: Upon a motion by Board Member Engle and a second by Board Member Cocking, the Board voted 5 FOR and 0 OPPOSED to approve the minutes of January 6, 1998, as presented. Public Hearing Soanos Companies (Agenda Item IV) Acting Chairman Clay read the agenda item into the record as follows: "Public Hearing - Consider a request by Glenn Engineering for Spaces Companies to reduce the parking requirements for a Multi -family District from 2'/2 to 2 spaces per unit, per Section 4.04 3.c.(3) of Comprehensive Zoning Ordinance No. 1425-5-96, on a 24.811 acre tract of land situated in the Catherine Parsons Survey, Abstract No. 711, Collin County, Texas, and being out of Lot 2, and Lot 3, Block A and out of Lot 1, Block B, eplat Bray Central One Addition to the City of Allen, Collin County, Texas; further described as being located north of McDermott Drive and east of Watters Creek." Sally Leeper, Administrative Assistant, administered the following oath to persons listed below who intended to testify during the hearing. Each of you do solemnly swear or affirm that the testimony you shall present in this proceeding shall be the truth and nothing but the truth, so help you God Bret McCullough, Building Official City of Allen One Butler Cr. Allen, TX 75013 Mike Glenn 100 Decker Ct, Ste 250 Irving, TX 75062 Don Padgett The Spanos Corporation Irving, Texas David Portwood Charlan-Brock & Associates, Inc. 2600 Maitland Center Pkwy, Ste 260 Maitland, FL 32751-7208 BOARD OF ADJUSTMENT MARCH 3, 1998 PAGE 3 Vice -Chairman Clay opened the public hearing. Mr. Mike Glenn presented the request to the Board. He stated that a similar project is being constructed in Plano at Jupiter and Spring Creek. He added that 1/3 of the units will have garages The site is 24.81 acres and a replat of the property is being prepared at this time. The appropriate zoning is in place within Planned Development No 54 (Twin Creeks) They are proposing 456 units, which is 18.38 units per acre. There will be 192 one bedroom, 216 two bedroom, and 48 three bedroom units. The Zoning Ordinance requires 2 5 spaces per unit, which would amount to 1,140 spaces They are requesting 2.0 spaces per unit, which would amount to 912 spaces. Mr. Glenn advised that other cities' requirements are as follows: Fort Worth - one space per 500 sq ft. Frisco and Irving - I''/i spaces per I bedroom; 2 spaces per 2 bedroom, and 2/ spaces per 3 bedroom Using a ratio of bedroom to spaces calculation as utilized by the Cities of Frisco and Irving, this project would be required to have 840 spaces total; however, they are requesting 2.0 spaces per unit, or 912 spaces. Mr. Glenn stated that their typical tenant is 38 years of age with an average income of $63,000. They lease approximately 83% of their units to single tenants; 62% of two bedroom units are leased by single tenants. Their average rental rates are $635 to $1200 per month, and the typical square footage of their units is 675 to 1254. 1 Mr. Glenn provided two renderings of the proposed concept plan for the complex, showing two spaces per unit, and 2'/ spaces per unit. If 21/2 spaces are required, they will lose the second swimming pool and sport court, as well as additional green space that is planned. They feel that they can adequately serve their tenants with two spaces per unit. Mr. David Portwood spoke in favor of the request. His company is working on this project, as well as other projects for the Spanos Companies Most of the cities he works with require two or fewer spaces per unit. He stated their units are being occupied by professionals, rather than student situations. He stated he understood that the parking requirement for a single family unit in Allen is two spaces per dwelling unit. He stated that they feel the extra land for the additional '/ space per unit would be better served as open space. Mr. Don Padgett discussed the need for open space and recreation areas, and noted that this company attempts to provide a very "green" development Acting Chairman Clay closed the public hearing. Mr. Bret McCullough, Building Official, reviewed the statutory authority by which the Board is allowed to hear this request. Section 4 04 of the Zoning Ordinance indicates that the Board may "waive or reduce the parking and loading requirements in any of the districts, whenever the character or use of the building is such as to make unnecessary the full provision of parking or loading facilities, or where such BOARD OF ADJUSTMENT MARCH 3, 1998 PAGE 4 regulations would impose an unreasonable hardship upon the use of the lot, as contrasted with merely granting an advantage or a convenience." He added that the existing parking requirement for multi- family is 2'/m spaces per unit. Staff does not have a recommendation. Board Member Cocking questioned whether the tandem spaces (those spaces directly in front of each garage) count as parking spaces and Mr. McCullough indicates that they would be counted. Acting Chairman Clay questioned whether the developer had experienced any problems with the tandem spaces, and Mr Glenn reviewed the fact that a ratio calculation such as Frisco or Irving would require only 840 spaces. He stated that tenants are not allowed to use the garages for storage, but they must be used for parking only They count both garage and tandem spaces in other cities. Acting Chairman Clay questioned whether the proponent would be able to add additional spaces in the future if the proposed parking spaces were determined not to be adequate. Mr Portwood indicates that there are three areas planned for open space that could be utilized for parking spaces later, which would add an additional 112 spaces. They would prefer to retain the area designated for the pool and sport court It was discussed that in many cities the garages are not allowed to be used for storage. Mr. McCullough stated that if the garages are calculated in the parking count, the city would probably require a certified statement that these will be used only for vehicle parking, not storage. The proponent indicated that the person leasing the garage would also be assigned the tandem space adjacent to the garage. Board Member Cocking suggested that this request be tabled, and the Planning & Zoning Commission requested to consider this requirement The Board Members indicated they felt that every apartment complex will be coming forward to the Board of Adjustment with this same request, and it would be appropriate for the Commission to consider the validity of the requirement at their level. Mr. McCullough stated that staff did not have a particular direction for the Board; however, would support the Commission's considering this issue. Ms. Leeper suggested that that the Board consider their decision on this particular case and then forward their request to the Commission, as any action by the Commission would require a public hearing at both the Commission and City Council, and this would be a 60 to 90 -day process. Mr. McCullough again reviewed the language from the Zoning Ordinance that allows the Board to consider this request. Acting Chairman Clay noted that he felt the variance could be granted with a notation that if additional parking is deemed necessary, then additional parking would be added. Board Member Cocking stated he would only be comfortable if specific language was added that if a certain percent of the parking is being used consistently, then additional space would have to be added. Staff should be requested to ask the Commission to review this requirement. Board Member Engle stated he felt this particular request should be handled by the Board, and staff was requested to forward the issue to the Commission for review of the existing requirement. Acting Chairman Clay stated this development has only 11% of 3 bedroom units, indicating that probably 2%x spaces is a high number. Board Member West asked if the Spanos Companies typically BOARD OF ADJUSTMENT MARCH 3, 1998 PAGE 5 continue to operate these complexes, or if they sell them. Mr. Padgett stated it has gone both ways. They have not had any problems with parking at any of their projects. They feel the required number, based on the above ratios used by other cities, would be 840; they prefer to build at 2 spaces per unit All of their projects utilize the tandem parking situation Board Member West questioned the requirements of surrounding cities. Mr McCullough indicated that he understood that most of the surrounding communities require 2 spaces per unit. MOTION: Upon a motion by Board Member Prall and a second by Board Member Cocking, the Board voted 5 FOR and 0 OPPOSED to approve the request by Sperms Companies to reduce the parking requirement from 2'/x to 2 spaces per unit with the stipulation that at any time the City finds that greater than 85% of the parking spaces are consistently being occupied, the owner be required to construct additional parking spaces to remain under the 85% occupancy factor, unless the Comprehensive Zoning Ordinance is amended to reduce the requirement to two spaces per unit, in which case, the requirement for this complex would remain at 2 spaces per unit; and that this action be accomplished by resolution and such resolution should be considered adopted, and the chairman of this board is hereby authorized to sign such resolution. FINDINGS: 1. Specific uses of these facilities historically require fewer parking spaces than required by the current Zoning Ordinance. 2. Additional parking will be required and space is available for construction of additional spaces if necessary OTHER BUSINESS MOTION. Upon a motion by Board Member Cocking and a second by Board Member Prall, the Board requested that staff forward a request to the Planning & Zoning Commission to consider a review of the required parking spaces for multi -family development. ADJOURN. MOTION: Upon a motion by Board Member Cocking and a second by Board Member Engle, the Board voted 5 FOR and 0 OPPOSED to adjourn the March 3, 1998, meeting at 8:30 p.m. These minutes approved thisof cc day of / tird , 199.9 1 P'/�'l Bill Roberge, h ' an Galya/Q,lay. Vice -Chairman