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HomeMy WebLinkAboutMinutes ,,'.... MINUTE S Planning.' and Zoning Commission CITY OF COLLEGE STATION, TEXAS March 18, 1993 7:00 . P.M. :MEMBERS PRESENT: Chairperson Hawthorne and Commissioners Gribou, Smith, Mariott, Hall..andH.erring. :MEMBERS ABSENT: Commissioner Lane. STAFF PRESENT: City <Planner . Callaway; City Engineer Pullen, Assistant to the City Engineer Morgan and Development . Goordinator Yolk. (Councilmen Kennadyand Gardner were in the audience.) Approval of the minutes from the meeting .of March 4, . 19~)3. Commissiqner ..Hall mbvedtoapprove the. minutes from the . meeting .of .. March 4, 1993 as presented. Commissioner Mariott.seconded the motionwhichpassed.unopposed{6 - 0). Consideration of the land use plan fortheF. M.2818study area. Commissioner Hall.requested that.this . item .be discussed after item .number seven on the agenda. Chairperson Hawthorne agreed and moved to the next agenda item. AGENDAlTEM NO.3:. COnsideration ofa pteviouslytabled conditional use permit request by KSKEntertaimnellttooperateanightclubm the former Schulman Theater located at 226 Southwest Parkway. ...... '.(93-106) City. PlaIlner Callaway informed the COIDll1issionthat at . the .previous public hearing, several residents of the . trailer home park that . abuts the subject site spoke in opposition. to . the request, most of them remembering the disturbances that were caused by a similar club tb,athadbeen located in the WinnDixie Shopping Center. The Commission tabled the request to allow the applicant the opportunity to address the concerns raised by the trailer park residents. These issues included: noise disturbances from the sound system inside the club; noisedisturbancesfronlpatronsin the parking lot after hours; potential trespassers on . trailer lot property; ...and hours.' of, operation coinciding with . those .of 'the .nelghboring . child . care" . facility. City Plarmer Callaway stated that after consultation with the legal department, staff has determined that thehours<ofoperationwill be. restricted by TABC, and the city cannot further restrict operational aspects otth~ establishment.. SOllIe of the student residents of the trailer. park have requested that the Commission table this item once again. Most of them will not be able to attend the meeting ..... because<ofsprin.g break. The applicant '. has submitted an acoustical study of the...proposed. noise' levels. for review. p. ' Chairperson Hawthorne invited the applicant to provide any additional information pertaining to the.....acoustical study. Consulting Engineer John Mays of Cald""ellpesignService. approached the Commission and summarized the information Iound in the acoustical study conducted. on March 8,1993. He stated that once the building is repaired and the interior is finished, sound will be reduced. Chairperson Hawthorne invited the residents to present only new information. Belinda Hughes of301.Krenek Tap #1293.pproached the Commission and submitted a petition with signatures of 120 residents opposing the>nightclub. ChairpersonHawthorneinformed.the Commission that he would..be abstaining from this item. Commissioner Mariott . .mov~d '.. to.. . approve. ...... the conditional. '" .use . permit. request by KSK Entertainment to. operate a nightclub in the former Schulman. Theater located at 226 Southwest Parkway.. Commissioner Gribou seconded the motion. CommissionerSmith stated that he would have to. vote against the affirmative motion due to the valid concerns presented by the surrounding residents. Colllmissioner Gribou stated .that. the use of the building as a nightclub is appropriate and through the effective' use of buffers,. the. .sense of security and privacy. can. be' maintained. Representative of the applicant, Pat Siegert, requested that he . be.. allowed.. to address the Commission.. ()nce allowed, he stated that the applicant would be . willing to. install an 8' stockade privacy fence and plant red tip photinas on. the trailer park side of the fence. with the approval of the park owners....... Mr. Siegert. concluded that>theoccupantsofthe . building. want to. be good neighbors <and'actrespo.nsibility. Commissioner. Nfariott moved to amend his original motion of approval. to include the proposed 8' fence and vegetation provided that.anag~eelllentcan ber;eachedbetween the two property owners... . . Commissioner.. G-ribou seconded. the, alllendmentwhich · passed (4- 1- 1);. Commissioner Hall.... voted. in opposition to theamendmentand,Chairperson.Hawthorneabstained. The original Illotion to grant> the conditional use permit.as...amended Jailed (2 - 3 - 1); Coll1missionersSmith, Hall and Herring voted in opposition to the motion and Chairperson Hawthorne abstained. AGENDA ITEM NO.4: ii Pllblic hearing to. ~onsider 3.. rezoning request by the Begonia Corporation for approximately 269.67 acres located in the Edelweiss and Rock Prairie Estates Subdivisions fromA-OtoR-l,R-5,. A-P,C-l, .C-2and C-3. .....(93-104) City Planner Callaway presented the . staff report and recommended> approval with the condition that buffers be established at thetime of plattingas shown on the master plan. The requested rezoningsconform .lothe master plan ofthec:levelopment as presented to .and approved by the Commission .on May 21, 1992 .... and to the ..City(Joljncilon'J une 10, ,1992. Seventy-one surrounding property owners were notified withnorespQnse. Chairpe rsonHawthorneopened the public hearing. Applicant Steve<Arden of the BegoniaCorpor~tionapprbached the Commission and offered to answerq uestionspertaining to ..... the proposed . rezoning. Chairperson Hawthorne closed the . public hearing. P &Z>Minutes March 18, 1993 Page 2 Pat Siegert of 8701 Chippendale and of Clarke and .. Wyndham Realty, approached the. Commission and stated that prior to the building .being ..occupied, there will be extensive remodeling. The applicant .will work with a structural engineer to ensure the structural soundness of the building. Mr. Siegert stated that there is a probleI11 with> installing a screen fence that staff required as part of the Pwject Review Committee. The ,lot immediately adjacent to the trailer park is not part of this property and is' under separate ownership. Page 3 Mr. Hoppy explained that the applicant proposest,oopen at8:00 p.m.; however, if the nightclub needs to make extra money, they may decide to open earlier and p()ssiblyhavea happy hour. If this were the case, there will still be studen.tson the playgrOllfldwaitingfortheirparentsto arrive. Having a nightclub located and operated next door sets a bad example . for the students lof the. schooL Mr. Hoppy concluded that there are night programs held approximately three to four times a year that would be disturbed by the parking and noise of the nightclub. Allen Swoboda. of8605.Topazand. the owner of the adjacent Oak Forest Mobile Home Park approached the Commission and stated that his main.. concern. is subjecting the residents of the park to the same negative impacts that were present when the.Edgenightclubwas located.in this.same general area. One of the main problems with the previous nightclub was noise. The Edge nightclub had over lOOo(ficial complaints filed against them in a twenty month period. The base sound coming from the nightclub would vibrate the mobile homes> up to lOOqfeetaway. Tenantsof tl1e park also had ,problems with trespassing; trash, bottles .andcans being left in their yards; , fights breaking out .. in theiryan1s · alld pa.trons of the. nightclub urinating. and vomiting in their .yards. . The . noise .. ordinance .disculOsed. efrlier,.is. not in effect and there is no guarantee that it will be. At this time, no one can guarantee then~sidents of the park that they will be able ,to sleep while the proposed club is in operation. Diane Williams of 20t Krenek Tap. #58 informedlheCommission that her. mobile home lis located next to the proposed parking area for the nightclub where the existing fence ends. She stated that she had problems with patrons of the/.previous nightclub urinating in her yard,.leaving~~~r ca?li'.,fighting . and trespassing. into the park property. . lfthe. fence. were extended, it may deter trespassing;.. 'lowever, there are still the issues of noise and trash that have not been addressed. Michelle Barry of301 Krenek Tap #27 stated that the Oak Forest park is a quiet family! park and that the children of this area are attempting toga to bed at the time this.bar is proposing: toopbn. La. Merle .Benton of 301 Krenek Tap #82 informed the Commission. that there ate.. ~everal: wiqow women who live in the park . and \Val~throllgh this area . . to get. to. the Winn Dixie grocery store~ I If a fence is extended across this property, they would have to walk around and down Texas)\vell~'~ to buy ,their groceries. Ms. Benton stated that she moved to the mobile home park to escapfi fropll, the;"partying" atmosphere of apartments in College Station. She concluded that theresidenti1l1 neighborh;ood is peaceful and s'houldremain that way. Dee Gibbs of301 Krenek Tap #28 approached the Commission and. stated that there is no way that the proposed nightclub.. can .be...completely....solmdproofed... Sheexplaineq. that she .manages.~ rock and roll band and that. there is definitely a difference. between theater noise andnightc1ub noise. 11s. Gibbs stated that she understands the need for new business; however, she is on call twenty-four hours a day and needs to bea b Ie to sleep without being dis turbedfroI11thenightclubnoise. Belinda. Hughes of 301. KrenekT a p# 129 informed .. the. Commission.. tha t she. can hear the children . playing in the afternoon from the. Wonder World. school. .Ifthe residents can hear the children playing, they will definitely be able to hear the music as well as the car traffic from the proposed nightclub. Diane Fritz of 1000. Harrington approached the Commission and stated that she is the. current manager of the Oak Forest mobile home park. She stated that one of her main .concerns is . with the trash associated with a nightclub. The park would have to hire additional personnel topick up trash on their property. Ms. Fritz stated that the noise from the musicmaynoLbeas bad as when the Edge nightclub was located in the shopping center; however, the residents will still be disturbed by the patrons screaming and slamming car . doors in. the parking lot. There. are currently 167 mobile homes in. the park with approximately twolo four people in each home. The proposed nightclub could potentially disturb over 600 residents. Billy Howard, lalso.a resident of the park, informed the Commission that the reason he .moved to the Oak Forest Mobile Hom.eParkisbecauseit is dean and quiet. He~tated thathishomeis less than 50 yards from the parking lot of the d.libwhich would subject him to noise from the club and parking lot as well as patrons throwing beer cans and liquor bottles" over the proposed fence. P&ZMinutes March ,4, 1993 Page 4 Sam Henderson readdressed the Commission and stated that security is an important element for the nightclub.. If patrons of the nightclub do not feel safe entering and exiting the building,! they will not frequent the nightclub. Mr. IIenderson stated that he will not only have security patrolling the interior, but the exterior as well. He plans to have one person policing the parking lot from 9:09! p.m. to 12:00 a.m.; and.after 12:00 a.m., two people will police the parking lot until after clo~ing to helpi patrons leave the parking lot as quietly as possible. Mr. Henderson informed the Commission that he COflsulted .a sound engineer who conducted a test on . the. former Edge nightclub which.. is. located. 20' from tije first mobile home. The engineer found thatsound is escaping from the roof, the emergency exits anR cracks in the insulation. According to the draft noise ordinance and the findings of the sound test, anotb~~r nightclub in this location would not be acceptable. The former Schuhnan building is mu~h further' ~way from the mobile home park and the dance floor, which is somewhat underground and located at the north end of the building away from the. park. Because of the . distance' from. the mopile homelPark and the underground design of the. dance floor, the base noise that was such a problem with the.. Edge nightclub will not be a problem at the proposed location. The engineer took a reading at midnight by the closest trailer to determine the level of atmospheric sound which read 60 decibels. The night club should not produce more than 50 decibels at the closest trailer - which is allowed by the current. draft ordinance. Mr. Henderson stated that the club will be a high energy nightclub and there is no need for a happy hour. The targeted clientele of college students between the ages of 18 and 24, would not attend a happy hour. There is a possibility that the club will occasionally have live music; however, the music'will be routed through the club's tract eight sound system which will never exceed 110 decibels.. A directional base speaker system will be installed with speakers suspended from the ceiling and aimed down towards the dance floor. Mr. Henderson concluded that the emergency doors will not be propped open - as was often done with the Edge nightclub - to alleviate the smoke. March 4., '1993 Page 5 Senior Planner, Kee ,presented the staff report and recommended" approval with the presubmission comments, specifically: provide additional easement along Welsh; turnaround IS ()ff-site, submit evidence that the off-site drainage facility is agreed to by the property owner; coordinate with Rock Prairie Estates. Dan Bensimon of Myrad Real Estate, Inc. informed the Commission that the temporary turnaround required at the Project Review Committee meeting is not desired. If forced to provide the turnaround, one lot with frontage along Mint Avenue will have to be elirninated thus not making it economically feasible for the remaining three lots. The turnaround cannot be provided on the adjacent property due to a large grouping of trees that the developer, does not want removed. Mr. Bensimon stated that Mint Avenue will be a 39' pavement section that would <aUow trucks to<angle and back up in order to turn around. Once driveways are installed for ,the lots fronting Mint Avenue, the trucks can ,use. the driveways to turnaround. ,Mr. Bensimonstated that it is their> practice to provide thoroughfare screening; however, the proposed ,ordina.nce is not yet in effect and the developer should have the option ()n the type of screening. The proposed ordinance does not address long term maintenance and there willl probably be many changes before ,the, ordinanceqis actually adopted~Mr. Bensim()n stated that Mint Avenue could be left off of this plat entirely until a later date. Once Rock Prairie Estates installs theirportio,n of Mint Avenue, the remainder could be installed. Page 6 PROJECfREVIEW . COMMITTEE REPORT < . (A/f) , '.. #J1/~ g/J1 q~, / ~,/~ .'l,. .~;/~ February 15, 1993. _~, .... /I~/ . ~ TO: 700 Dominik #2604, College Station, TX 77840 , . .. ,...,'" .. bpJ. .,.,.,..', ,..".....AI OJ Pat Siegert, Clarke & Wyndham '~ 3608 East 29th, Bryan, TX'77802 Jane Kee, Senior Plan. .... . . . . p' ~ ~ Others Attending: " ,,', ,,', / " " .; , . " 8, i- Natalie Thomas, Planning Technician ,"', b l Samantha Smith, Engineering Assistant " .. ,,' "1)/ ,"" / g,...~"',b,o,.,~"',,:,:,,h,,,.S., ~:,l,..~:i~".,~~,:~,.~,~e",.p,','.',~,t,c,',",',.,.~,o,~gineer - Drainage '~, ,(. .'. ~., ..., tV' '~ Coy Perry, Building Official .' . (!; . . Sabine Kue.nzel, Staff Planner , " ,"" ~. Laverne Akin, GTE Represelltative . , /;'" Mike ,Lavender, TeA Cable,Representative '~' I. Claude Cunningham, CSISD Representative ". ~)J.. , SUBJECf: CONDITIONAL USE PERMIT - Schulman Theater Nig. tclub; 't. CO. located in the old Schulman Theater building at 226 Southwest Parkway. i (93-706) ~ The Project Review Committee met on Wednesday, February 10, 1993 to discuss the 0 4l above mentioned conditional use permit request. The following comments were made ~ by the various reviewing agents: BUilDING: ~ Coordinate subntittal of building plans with Building Official Coy' Perry at (409) '764-3741. FROM: PUBLIC SERVICES: The dumpster location is acceptable; however, the screening, fence needs repair. Coordinate requirements with Sanitation Superintendent Jim Smith at (409) '764- 3690. Schulman Theater Page 2 PLANNING: The existing wood screening fence should be continued along the rear of the property to screen this' development from the, adjacent mobile home, park. The previously approved landscaping plan is acceptable; however, the applicant must"complywith"thatplan...,'.,. The pavement cracks ,and weeds in theparkjng lot and access easements '.should '.be cleaned, and, repaired. Curbing must be continued around the perimeter of the parking 10t;esIJecially along the access easements and lot 8e where there is ane~stingerosion problem. Repair any broken curbs. The entire 'parking area will Ileed to berestriped. See the enclosed draft' of the, noise ordinance to soon be adopted by tlle City Council. Determine..occupan<;y requirements with Building Official Coy Perry prior to the Planning and Zoning Commission meeting scheduled Thursday, March 4, 1993. P&ZREPRESENTATIVE: Expressed concern with the safety of the structure itself. Any structural pr10blems should be identified. at the time of building plan submittal. ENGINEERING: A drainage development permit is required prior to any sitework.- There is a pondingproblem'inthesoutheast corner 'of theparking"lot;.thisarea should be included as part of the permit as ,well as any additional curbing. Coordinate permit details with Project Engineer Deborah Keating at (409) 764-3570. FIRE: Provide a fire ,lane fro.ll1 Southwest Parkway and around the entirebuildin!~. The fire lane' must be at leastZO'wideand maintain a 14' height clearance. Coordinate requirements with Fire Inspector George Spain at (409)764-3781. The sprinkler system will have to" be retested prior to issuance of a certificate of occupancy. G.T.E.: Coordinate telephone service with G.T.E.Representative Laverne Akin at (409) 821-4723. TCACABLE: Coordinate cable service'with TCA Cable Representative,Mike Lavender at (409) 846-2044. SUBMIT 13 COPIES OF THE REVISED SITE PLAN BY FRIDAY, FEBRUAJRY 26, 1993 TO BE INCLUDED IN ,THE PLANNING AND ZONING COMMISSION PACKETSF.OR THE MEETING OF THURSDAY, MARCH 4, 1993. City Council Regular Meeting Thursday" April 8,1993 Councilman Crouch explained that the above motion may place an unfair burden on the , property owners. Page 6 Councilman Crouch made an amended motion to delete three of the conditions il1 the original motion listed below: 1) - Annual review of permit 2) - 50 ft.buffer zone 3) - fence located along the property of the child care. No second was made. Councilman Gardner commented about the lighting at the nightclub andquestiorled i,f the lighting might disturb the neighbors. Councilman Schneider stated that he attended the Planning and Zoning Commission to hear this item. He supported the Commissioner's vote and opposed the motion IJY Councilman Kennady. ,Mr.Schneiderfurthercommented that it is difficult to>understand why the, City should go<tothe extreme ,to place,aHtheseconditions on the property in order to remedy something that should not-happen in the first place. Councilman Mcllhaneystated that she did not hear any soul1d outside the building. She did notapprove ofanightclub in the residential area; however. she was satisfied with the: conditions specified in the motion and hoped thatthebusiness wHldothE3ir best to work !withtheneighbors to provide ,security for them. Mayor Ringer began restating the conditions imposed by the motion. He suggested that the:conditionfora · stockade fen,ce at the property line of the child care center be replaced by' the' condition that the owners install, and, maintain suitable vegetated screening. Mr. Thornton remarked that the applicants do not own this property. Councilman Kennadyadded to his motion as suggested by Mayor Ringer. Councilman Gardner stated that he does not feel these conditions are necessary, the nightclub should not be located at this site. Councilman Schneider expressed his opposition to the nightclub ,in this residential neighborhood. Mayor Ringer restated the motion. The motion to approve the conditional use, permit with the nine conditions discussed above passed by a vote of 5-2, Councilman Gardner and Councilman Schneider 'foted against the motion. Agenda Item No. 6 - Public hearing and consideration of an ordinance rezoning 199.6 acres from A-O Agricultural. Open to B-1. Single Family. 12.06 acres to A-P Administrative Professlonal.13.29 acres to C-1' 6eneraICommercial.15. 70 acres to C-3 Planned. Commercial.. 4.31 acres to 0-2 Commercial Industrial.. and 24. 71 acres to R-5 Apartments Medium. Density .(Edelweiss Estates and Rock Prairie Estates. Subdivisions). Senior Planner Jane Keeexplained that the master plan of Edelweiss Estates and Rock Page 3 City Council Regular,Meeting Th,ursday, April 8, 1993 Councilman Brown made a motion to approve the preliminary plat for Edelweiss IEstates Phases II and IlL The motion was seconded by Councilman Kennady. The motic)n carried by a. vote, of 6-1, Councilman Mcllhaney voted against. Agenda Item No.4 - Appointment to Joint Relief Funding Committee Councilman Brown made a motion toappointBobWelch to the Joint Relief Funding Review Committee to replace GaiLSchmidt who resigned. The motion was seconded by Councilman. Kennady. Councilman Gardner commented Susan Causey was c31so a good candidate for this position. The motion carried by a vote ,of 6-t,. Councilman Gardner voted against. Agenda Item No. 5- Discussion and consideration of a conditional use permit for a nightclub to operate in the vacantSchulmanTheaterbuUding -ApplicantKSK Entertainment. Staff Planner Sabi neKuenzelmentioned that thePlann ingand Zoni ngCom:m issic)n heard this case at their March .meeting wherethe Commission denied the conditilonal usepermit..She described the issues of concern of the Commissioners. The subJect site is zoned C-1General Commercial. She presented slides of the site and surrounding properties. City Attorney . Locke explained the Council may impose conditions upon the:conditional use permit if they wish. The conditional use permit is valid indefinitely unless statlsd otherwise. Mayor Ringer asked members of the audience to address the Council at this time~. Sam Henders.on, ownerofKSK Entertainment, of 735 Eagle Passin Bryan,apprc)ached the Council. He reiterated that his company has done everything possible to ensure the safety, health, and welfare of patrons, nearby residents, and neighboring businesses. He requested Council approval of the permit. Bill Thornton, attorney representing KSK Entertainment, addressed the CounciL He assured the council that the applicants have attempted to satisfy the requirements of the staff relating toparking,sound level, screening, landscaping, and security. Tt1e applicants have also recognized the concerns by adjoining property owners. John Mays, 1215 Marsteflar, engineer from Caldwell Design Services addressed the Council. He conducted the sound level test and prepared a written report for the council. The test performed atthe nightclub peaked at 52 dB and not audible to the human ear. Several other tests wereiconducted with higher sound level~.The 5~~ dB peak occurred every five to ten secornds at one frequency, 63 hrtt. " Mayor Ringer commented that the test he attended was conducted with the doors closed. Mr. Mays responded that the tests were not conducted with the'doorso~)en. Pat Siegert, 8701 Chippendale spoke in favor of the permit. He presented petitiolns to the Mayor with more than 600 signatures supporting the nightclub. He expressed several poInts for the council to consider. .. He showed a drawing iHustratingthe screening and landscaping. The screening consisted of an 8 foot fence, 50 ft. aV\Jfay from. the traHerpark. City Counci.l Regular Meeting Thursday, April 8, 1993 Page 4 Councilman Mcllhaneyasked Mr. Siegert a question relating to the Oaks Park resident who does not drive and walks to the nearby grocery store. ,Mr. Siegertrepliedthc3t a gate will. be built to allow access for the residents. Ms. Mcllhaney asked if it would be possible to require employee parking at the fenceline to discourage patrons from shining their car lights towardthemobHehome park. Mr. Siegert replied the' applicant int~nded to designate this area as employee parking. Additionally, the owners will provid.e valet parking <and offer van service for those who may, not be able to drivE3 hame. Tt'liswiUhelp.ensure orderty management in the parking lot. He added that the distance to the club from the. trailer park is 400 ft. Paul Clarke of Clarke and Wyndham Realty addressed the Council. He thanked those councHmemberswhoattendedthe sound test., .Provisions have been made to pi(~k up trash daily and create: buffer zones such as an8 ft. stockade privacy fence. He presented slides of the site . AltenaSheHeyof.70.9San Mario, representing Wonder World .ChHdcare,addreSsE~dthe Council with her concerns on the club's ,hours of operation coinciding with the hours of thisday!care facility.: She expressed concern of the club's exposure to thechildrE3n and the,>possible trashprobJem. Trey Neely, resident of the mobile home park spoke in opposition to the request. .He stated' till at an 8 ft. Jence will not ,relieve the problems. ,Also, this locationis.not an appropriate placeJoranightclub. Allen Swoboda, 8605 Topaz, owner of the, adJacent Oak Forest Mobile HomeParlk spcoke teD the Council on several issues of concern. One of the main problems with the previou~ nightclub was noise,and the owners of the nightclub were unsuccessful in satisfying the park residents. ,.He referred to the first test conducted by the owners of this proposed nig~tclub and the result was very loud atthe park. He questioned if there is a guarantee tha~ something would be done to the noi$e level iHhe noise disturbs the residents, even if the owners are legally within the conditions of the ordinan.ce. Allother obfectionis that the 8 ft. fence will not detract the noise. Councilman Kennady confirmed that the sound test was inaudible outside the building. Councilman Gardner spoke to the problems with the patrons who gather outside clubs. Mr. ,Swoboda verified his' comments. ShannaWhitlow of201Krenek Tap #48 addressed the Council. She referred to .an incidentiwhichoccurred lnher yard when theUEdgell nightclub was open. She stated thatshe:was not opposed> to this nightclub, but she was opposed to the repercu~)sions that may occur. , Sh.ealso referred to many nights she could not sleep because o'f the vibrations in her, home from the. noise by the HEdgel1 nightclub. Secondly, she moved, to theparki because it is nice and no one is.fencedin. She opposed the recommenldation of an,8 ft. fence. Hertraifer'abuts the birm.HerJrontyardfacestheparkingJot,01= the theater. She expressed another concern 'regarding security, measures, especially' toward those patrons that may use the gate to enter into the mobile home park. John Mays once again addressed the CouncHto clarify the sound tests. Two tests were con~uctedon March 8th, prior to the April 6th test. One test conducted was clearly audible. . .U~der those conditions, these tests were heard by the neighboring resiclents, ~he.leveIJnsldetheclubwas117 dB. The second test was to adjust the system s() that It Simulated an actual operating. nightclub, at 90 dB. He answered questions of the City Council-Regular Meeting Thursday, April 8, 1993 Council. Irene livingston,of301,KrenekTap,#43stated.~~9tshe lives directly across from the Schulman Theater . The test was conducted Jrom her home. She, stated that she does not drive and would not have access toWinn Dixie unless' a ,gate ' was ,attached to,the fence. ' Page 5 laMerleBenton of 301 Krenek Tap #82informed the council that there areseverc31 widow women who live in the park and her concern is th~ fact that there are younlg men, residents of the park, who will walk back and forth to the nightclub. laverda Bradley of201 ,Krenek Tap#1'cameforward'to state her opposition to ttle nightclub in this area. Billy Howard, also a resident of the par~,informed the Council that the reason he moved to the Park is because it is clean. He opposed the nightclub because the City of College Station does not need a nightclub in a residential area. Tracy Smith, 201. KrenekT ap #46 addressed the Council. She pointed outthat there will be 18-20 year old individuals not allqwed to drink inside the club, but what willi stop them' from drinking in the parking 'lot. Paul Clarke indicated that the owners ,^,ouldbe glad to lower the height of the fence if it isobjectionable,and,with ,or without gates. Pat Siegert pointed out that Clicks Billiards is closer to a residential area than this proposed club is. Shanna Whitlow stated that she frequented Clicks because there are activities to Ido at this bar .other than drink and dance. It is also quieter. Councilman Brown asked Mr. Henderson if it is possible to have a successful business if the music is not as loud. Mr., Henderson replied that the music is not as effective without the bass beats. Councilman Kennady made a' motion to approve the conditional use permit with the following conditions: 1) -Continuation of the screening fence with a gate along the rear'of'theproperty, included on the gate a heavy duty combination Jock 2) -Curblngalong:the perimeter of the parking lot 3) -Repair of the parking ,lot and, curbin;g as well as compliance with the landscaping plan 4) -Landscaping plan to include shrubbery 5) -Buffer zone (a fence) 50 ft. from the trailer park in accordance with the plans prepared by the applicant 6) -Parking lot monitoring specifically, Cl daHycleanupafteroperating hours 7) -Security guard on duty for theoperatin9.hours 8) -Annual review of the conditional us~ perr)1it 9) -Direct staff to ,develop. arrangementp for shrubbery andlorastockade fence aIr other screening buffers as nece~sary to resolve the concerns of the child care center. ' , The motion was seconded by Councilman Brown.