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HomeMy WebLinkAboutMinutesSenior Planner Kuenzel stated that inquiries to the Texas Alcoholic Beverage Commission (TABC) were made and it was determined that existing businesses would be "grandfathered" from meeting the 300' limitation. In addition, any future repermitting on sites where alcohol had been sold prior to the existence of the church would likewise enjoy grandfathered status. The City's Alcoholic Beverage Code, which was adopted under the authority of TABC, does allow for a variance procedure before the City Council for relief from the 300' distance requirement. In the case of the Bentley House providing alcoholic beverages in each room, a permit will be required and a variance to the 300' distance requirement granted by the City Council if the church is granted a use permit in the proposed location. Chairman Hawthorne expressed concern with placing restrictions on adjacent property owners. He stated that there will also be a problem with lirmtmg the sell of alcoholic beverages within a certain area that may have alcohol sold next door under a "grandfathered" status. Owner of the Bentley. House, Paul Clarke approached the Commission and stated that he would like to work out the situation with the church; however, the ordinances and laws are not equitable from the standpoint of a property owner. The owner of the shopping center could locate the church elsewhere in the center so that it would not place additional restrictions on surrounding properties. Mr. Clarke stated that he is willing to work with the church and the City to help make the proposal work as long as there are not additional restrictions placed on his property. Commissioner Hall moved to deny the conditional use permit request to allow the Kanon Bible Church to be located at 317 Dominik in the Culpepper Plaza Phase II shopping center. Commissioner Garner seconded the motion which passed (5 - 1); Commissioner Lane voted in opposition to the motion. AGENDA ITEM N0.3: Public hearing to consider a final plat of block X of the University Park Section II Subdivision. (95-240) i/ Graduate Civil Engineer Homeyer presented the staff report and informed the Commission that the subject property is being resubdivided in order to create lots surrounding each individual fourplex. When the property was developed, the fourplexes were built by a partnership. This plat will subdivide the block so that each individual fourplex can be sold separately. The water and sewer lines serving these fourplexes are private and therefore; the City will not be responsible for the maintenance of these lines. Staff requested a hold harmless agreement since public utilities will not be extended to each of the four lots. Unless each building is individually served from public utility lines, staff feels this agreement is necessary. Staff recommended approval of the final plat with the conditions identified by the Presubmission Conference. Chairman Hawthorne opened the public hearing. Engineer Christian Galindo of 3107 Rolling Lane in Bryan informed the Commission that he prepared the final plat and will answer any questions concerning the plat. He stated that the hold harmless agreement has been prepared and submitted to the City for their review. This agreement also provides a cross. parking, vehicular and pedestrian access to allow for the joint use and maintenance of the parking lot, drives and walkways. Chairman Hawthorne closed the public hearing. Commissioner Smith moved to recommend approval of the final plat for Block X of the University Park Section II Subdivision with staff recommendations. Commissioner Gribou seconded the motion which passed unopposed (6 - 0). P ~ Z Minutes November 16, 199J Page 2 of S a Regular Item Consent Item Statutory Item Item Submitted By: For Council Meeting Of: Director Approval Executive Member Approval: Steve Homeyer, Graduate Civil Engineer December 14 1995 Ends Statements/Strategic Issues: Civic Pride -Citizens benefit from well planned, attractive residential and commercial areas. Item: Public hearing to consider a final amending plat of Block X of the University Park Section II Subdivision. (95-240) Item Summary: The subject property is located on the north side of University Drive, approximately 1,600 feet northwest of the intersection of University Drive and Lincoln Avenue. This property is being replatted in order to create lots surrounding each individual fourplex. This plat will subdivide the block so that each fourplex can be sold separately. The water and sewer lines serving these fourplexes are private and therefore, the City will not be responsible for the maintenance of these lines. Staff is requesting a hold harmless agreement since public utilities will not be extended to each of the four lots. Unless each building is individually served from public utility lines, staff feels this agreement is necessary. Staff has reviewed and is currently working with the applicant to modify the terms of this agreement. This hold harmless agreement will be finalized prior to Council consideration. Staff recommends approval with the comments identified at the Presubmission Conference held on October 25, 1995. The Planning and Zoning Commission heard this item at their November 16, 1995 meeting and recommended approval. Financial Summary: N/A Staff Recommendation: Staff recommends approval with the Presubmission Conference comments. o:dev sere/cvsht/95-240sh City Attorney Recommendation: N/A Council Action Desired: Approval of plat. Supporting Materials: 1. Location Map 2. Staff Report 3. Application 4. P&Z Minutes 5. Copy of Plat o:dev servlcvsht/95-240sh PRESUBMISSION CONFERENCE REPORT October 27, 1995 TO: Ramiro A. Galindo, Galindo Interests, Ltd. 1900 West Villa Maria Road, Bryan, TX 77807 Christian A. Galindo 3833 South Texas Avenue, Suitt 280, Bryan, TX 77802 FROM: Project Review Committees Jane Kee, City Planne~ Kent Laza, City Engineer ~ Others Attending ~~ Natalie Thomas, Planning T~'chnician Tony Michalsky, Electrical Operations Coordinator Laverne Akin, G.T.E. Representative SUBJECT: Final Plat -University Park Section II, Block X; subdivision of 1 R-41ow density apartment lot totaling 1.02 acres into four lots at 402 Summer Court. (95-240) A Presubmission Conference meeting was held Wednesday, October 25, 1995 to discuss the above mentioned final plat. The following is a list of ordinance requirements identified by the Presubmission Conference. This list does not relieve the applicant of total compliance with all current ordinance requirements. Ordinance Requirements: _ A hold harmless agreement may be required if public utility services are not extended to each of the four lots. Coordinate details with Assistant City Engineer Veronica Morgan at (409) 764-3570. _ General note #3 is not acceptable in granting a shared vehicular and pedestrian access easement. Designate the entire parking lot and driving aisles as a private cross access and parking easement. Remove general note #6. Comments/Concerns: _ Provide a 10' public utility easement along the north property line of lots 3 and 4 for electrical service lines. Provide additional easements where the existing electrical lines are not included within easements. Coordinate details with Electrical Operations Coordinator Tony Michalsky at (409) 764-3660. Coordinate telephone service with G.T.E. Representative Laverne Akin at 821-4723. SUBMIT 13 COPIES OF THE REVISED FINAL PLAT BY FRIDAY, NOVEMBER 10, 1995 TO BE INCLUDED IN THE PLANNING AND ZONING COMMISSION PACKETS FOR THE MEETING OF NOVEMBER 16, 1995. THE CITY COUNCIL WILL CONSIDER THE FINAL PLAT ON THURSDAY, DECEMBER 14, 1995. BOTH MEETINGS WII.,L BE HELD AT 7:00 P.M. IN THE COUNCIL ROOM OF THE COLLEGE STATION CITY HALL LOCATED AT 1101 TEXAS AVENUE SOUTH. STAFF PRC REPORT University Park II Replat Case #95 240 Ordinance Requirements: General note #4 may not be acceptable. A hold harmless agreement may be required if utility services are not extended to each of the four lots. _ General note #3 is not acceptable in granting a shared vehicular and pedestrian access. easement. Designate the entire parking lot and driving aisles as a private cross access easement (vehicular and pedestrian). DOES GENERAL NOTE #6 NEED TO BE REMOVED????? Comments/Concerns: Coordinate telephone service details with G.T.E. Representative Laverne Akin at (409) 821-4723. SUBMIT 13 COPIES OF THE REVISED FINAL PLAT BY FRIDAY, NOVEMBER 10, 1995 FOR P&Z ON NOVEMBER 16, 1995 AND CITY COUNCIL ON DECEMBER 14, 1995.