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HomeMy WebLinkAboutMinutesMINUTE S Planning & Zoning Commission CITY OF COLLEGE STATION, TEXAS November 2, 1995 . 7:00 P.M. COMMISSIONERS PRESENT: Chairman Hawthorne and Commissioners Lightfoot, Smith, Hall :.and Lane... COMMISSIONERS ABSENT: Commissioners Garner and Gribou. STAFF PRESENT: City 'Planner Kee, Planning Technician Thomas, Development Coordinator Volk, .Senior Planner Kuenzel, Assistant City Engineer Morgan and Assistant City Attorney'Reynolds. AGENDA ITEM NO. 1: The Consent Agenda consists of non-controversial.. or ~~ ~ "housekeeping" items required by law. Items may be removed from the Consent Agenda by any ~R_,a' citizen, City staff member, or Commissioner by making such a request prior to a motion :and vote on the Consent Agenda. (1.1) Approval of minutes from the meeting of October,l9, 1995. (1.2) Consideration of a final plat of Edelweiss Estates Phase 3=A. (95-239) Consent agenda items 1.1 and 1.2 were approved unanimously by consent. AGENDA ITEM NO.2: Public hearing to consider a conditional use. permit request to allow the addition of a .church .and student center at the existing Saint Mary's. Parish at 103 Nagle Street in the Northgate area: {95-7:13) Senior Planner. Kuenzel presented the staff' report .and informed. the Commission .that the request involves the demolition of the existing student center at 301 `Nagle, the construction of a new 20,040. square foot Student Center, a 7,878:square foot:Activity Center, and a 1,356 square foot Chapel to be located on the vacant area of block-three adjacent to the existing. sanctuary. According to the Zoning. Ordinance, parking for .churches is determined by the maximum_seating capacity of the sanctuary only, which is one parking space per three seats. Parking is not required for additional church facilities -such as Sunday. school rooms .and other meeting halls. Due to the fact .that there will be no change in the seating .capacity, there is no additional parking required. However, the applicant is proposing to add fifty-four additional parking spaces for a total of eighty-three parking spaces. Any changes to the. site are required to .meet current standards. The Project Review. Committee reviewed the site plan. for .compliance with all current standards 'and recommended ;approval with the .conditions outlined in the ~-~-- report. Thirty surrounding property owners were notified with no response. Chairman Hawthorne opened the public hearing. Pastor of Saint Mary's Parish, Michael J. Sis of 103 Nagle, approached the Commission and stated that he .currently lives on the subject' property. The .proposed .addition includes mainly offices and - classrooms to :better serve the students of Texas A&M University. The expansion should not increase the number of people attending Sunday services since the worship space is not being enlarged. Architect for the. project, Rick Hollington informed the Commission that the existing center was built in the 1950's. With-the number of students: increasing every year, ..there is a need for new facilities. Mr. Hollington stated that they are also trying to create a major pedestrian thoroughfare along Nagle that leads to the entrance to campus. A 10' wide sidewalk will be installed with apark-like setting in that area. The proposed expansion is an amenity and will enhance the surrounding Northgate area. George Dresser of SOl Fairview informed the Commission that he has been a member of the Parish for over twenty years. The church has: put a great deal ofplanning into the project which should be an asset to the entire .area. He stated that the church has-over 150 active. families and several thousand ..students on a weekly basis. Chairman Hawthorne closed the public hearing. Commissioner Hall. moved to grant a conditional use permit to the Saint. Mary's Parish to allow the addition of a church and student center at 703 Nagle Street in the Northgate area. Commissioner Smith seconded the motion. Commissioner Hall stated that he appreciates he Parish for staying in the Northgate area and expanding their facilities to meet the needs of the neighborhood. It is a challenge for a church in this area to decide whether to expand or find property elsewhere in the City. The motion to grant the conditional use permit passed unopposed (5 - 0). AGENDA ITEM N0.3: Public hearing to consider a conditional use permit request to amend the permit granted to Hurricane Harry's at 313 South College in the University Square Shopping Center to expand the existing facility. (95-710) Senior Planner Kuenzel presented the'staff report and stated that the request is still within the limits as set by the Zoning Ordinance. Currently, 31,025 square feet of the center is allowed for intense uses. Of the 31,025 square feet, ;12,298 ,are vacant within: the cinema area. The request will take up 7,930 of the 12,298 square feet. The otal square footage devoted to intense uses within the center will increase from 15% to 21.4%. Therefore, the request is still within the limits as set by the Zoning Ordinance. The Building Department figured up the occupancy maximum totals to be-1200 at the current square footage, increased o 3013 after the last conditional use permit request and then increased again to 3461 with. the proposed second expansion to the night. club. Thirteen surrounding property owners were notified with two- letters received in opposition to the request that were presented at the last Commission meeting. The opposition to the request was mainly due to the lack. of parking for the existing center. Chairman Hawthorne opened the public hearing Applicant Gary Seaback of 9215 Timberknoll informed the Commission that Mr.'Culpepper would not allow him to lease .the square footage granted at the last meeting without taking in the additional theater. He stated that they will not .play music any louder than the previous movie theater and if there are problems with: the noise, they will hire sound engineers to resolve the problems. Mr. Seaback stated that the occupancy maximum limits that staff presented .:are unrealistic .and there will .never be 3400 people in the club at any one time. Currently, only 680 people are allowed in the existing night club due to the Fire Code. He stated that there will be a-dance floor in each section with an opening between the two. P & Z Minutes November 2, 1995 Page 2 of 6 1 Mr. Seaback stated that the club will appear to be two. businesses in one building. He is adding two ,. , ..double sized exit doors on the back and two in the front. Mr: Seaback stated that. when the theater was in operation, there was not a problem with noise. He stated that neither tenant could hear the other. ..::operating. There is a 1' to 2' concrete drop-off along .the north side of the property. with a curb and gutter. The :property to he north is owned by he Texas A&M University and students park along the streets during the day and walk to campus. Chairman Hawthorne closed the public hearing. Commissioner Lane moved to grant an amendment to the original conditional use. permit request to Hurricane Harry's at 313 South College in the University Square shopping center. Commissioner Smith seconded the motion which passed (3 - 1 - 1) Commissioner Hall voted in opposition to the motion and Chairman Hawthorne abstained from voting. AGENDA ITEM N0. 4: Public hearing to'consider a conditional use permit request to allow the Kanon Bible Church facility to be located at 31T Dominik. in the Culpepper. Plaza Phase II center. (95-712) Senior Planner Kuenzel presented the staff report and stated that due o the fact that there are no site changes proposed, the Commission is reviewing the .proposed. church for the.. use only. The center provides 71 'parking spaces. Current requirements would total 88 spaces.. The center is therefore considered legally non conforming in terms of parking.... The church anticipates :using only about five of ~~~ the existing spaces (retail use of the 1200. square feet would require the same amount of'parking). The .:Building Qfficial informed the, applicant that this proposal is a change of use from mercantile to ;assembly and that all applicable building code conversions must"be made.. Chairman Hawthorne opened the public hearing. Paul Clarke: owner of the Bentley House across Dominikapproached the Commission and asked if the conditional use permit is granted, what restrictions. automatically. apply to his property? 'Will certain Texas Alcoholic Beverage Commission (TABC) restrictions apply? He stated that he is not opposed to the church as long as if does not place restrictions,against his property including the vacant commercial tract along:Kyle. Senior Planner Kuenzel stated that she is unsure as to how the TABC regulations affect the surrounding properties. Chairman Hawthorne closed the public hearYng.` Commissioner Hall moved to table the. conditional use permit request for the Kanon Bible Church until further .information can be obtained concerning the TABG regulations. This 'issue needs to be discussed before making a decision on the permit. Commissioner Lane seconded the motion which .passed unopposed (5 - 0). ~.. P & Z Minutes November 2, 1995 Page 3 of 6 AGENDA ITEM NO. S: Public hearing to .consider he proposed .Shenandoah Veterinary Clinic on lot 2, `block B of the Shenandoah Phase One Subdivision in a C-N Neighborhood Commercial zoning district. (95-814) `_ Senior Planner Kuenzel presented the staff. report .and stated that the Project Review Committee J reviewed the request on October 18, .1995 and found that the site plan met most of the minimum standards with the exception of some minor comments relating to details that are normally required on site plans. The Committee also required additional screening for the .parking area along the Frontage Road in accordance with Streetscape standards.. Staff recommended approval of the request with the conditions outlined in the Project Review Committee report. Chairman Hawthorne opened the public hearing. Applicant Philip. Blackburn of 1506 Southern Plantation Drive approached the Commission and offered to answer any questions pertaining to the ..proposal: He stated that Dr. Scott currently operates a clinic in north Bryan for both large and small animals. At the proposed facility, he has: no intention of doing large animal care. Mr. Blackburn stated that there will be some interior kenneling for small animals with a small exercise area in the rear that is shown on the site plan. He stated that he spoke to a number of people that back up to the subject property and-they have no concern with the proposed use.: There should notbe many animals out in the yard area at one time. Chairman Hawthorne closed the public hearing.' Commissioner Lightfoot`: moved to allow the Shenandoah Veterinary Clinic on lot 2, block B of, the Shenandoah Phase One `Subdivision in a C-N Neighborhood Commercial zoning district with staff ~~ recommendations. Commissioner Lane seconded the motion which passed unopposed (5 - 0). AGENDA ITEM NO.6: Legal discussion concerning -the "other business" session of the agenda. Assistant City Attorney Reynolds approached the £ommission and discussed the memorandum he wrote to Planning TechnicianNatalie Thomas with respect to the Open Meetings Act and the other. business session of the agenda. He stated that basically, government issues which require notice provisions such as substantive issues are best tabled until later'meetings. Any action taken during other business which would involve posting a formal notice could be rendered null and void. Page three of the memorandum that references Section 551.042 of the Local Government Code allows the .Commission to give a statement of specific factual information given in response to an inquiry; or, give. a recitation of existing policy in response to the inquiry. Any deliberation of or decision .about the subject of the inquiry shall be limited to a proposal to place the subject on the agenda fora subsequent meeting. Chairman Hawthorne questioned if the Commission has discussed an item on the posted agenda and after. it is finished, can the subject be discussed further .during other business? The notice has been posted; however, the applicant may have left the meeting. Assistant City Attorney Reynolds stated that the item can be discussed during other business as long as a final decision was made during the consideration of that agenda item and not during other business. r ~, P & Z Minutes November 2,1995 Page 4 of 6 Chairman Hawthorne stated that this is how the whole issue. came up in that a decision was made on an "' item and during other business, the case was. discussed further. He stated that he does not see a problem with that scenario and that .practically anything can be discussed under other business as long as the discussion is stopped once you see that the issue is substantive. .Assistant City Attorney. Reynolds agreed and stated that the safe policy is to always place the item on the agenda that is posted prior to the meeting. Commissioner Lightfoot: thanked Assistant City Attorney Reynolds and stated that. he believes this type of assistance in the Commission's procedural activities is needed more often. AGENDA ITEM N0.7: Other business. Commissioner .Hall requested that a discussion item be placed on a firture agenda concerning the. conditional use permit process. He expressed concern with the lack of information presented on the Hurricane Barry's .conditional use permit request.. The Penthouse Billiards request was accompanied by a noise study and detailed information; however, the Hurricane Harry's .request was accompanied by a handwritten letter from the applicant. Commissioner Hall stated that night clubs have a major impact.. on this community with respect to neighborhoods, police, etc. He stated. "that we tend to get casual' about these requests when we should have a set .program in :place or a more formalized checklist for all `use permits. He stated that the City: is reaching a point where someone cannot walk in with a hand drawn blue print and expect to get approval. City Planner Kee stated that staff is looking at that very subject and .possibly developing different applications for different issues. She: suggested .that staff finish their research and' bring their findings to the Commission for review and comment. City Planner Kee stated that the Commission has a lot of discretion for use permit :cases and can always ask for additional information. Commissioner Hall stated Ghat by the time the applicant gets to the .Commission, they need a commitment soon. If the Commission tables the item, it may cause .more problems for the applicant. He stated that the applicant needs to have their act together and know what is expected of them prior to .the Commission meeting, Chairman Hawthorne questioned staff concerning the .recent legal questions concerning deed restrictions. City Planner :Kee stated that the City has the. responsibility to determine if plats or other requests comply with the City's: codes and ordinances. Staffs discussions with the legal department have gone on to say that not only is it not our responsibility to enforce deed restrictions, but we cannot legally enforce deed restrictions. Deed :restrictions are a contract hat the City is not a party to and all violations must be handled privately through the court system. a P & Z Minutes November 2, 1995 Page 5 of 6 Chairman Hawthorne also expressed concern with the Kanon Bible Church case. Paul Clarke raised an interesting issue in that if there are automatic restrictions that come with a particular use, maybe the p ` ` City should notify property owners outside of the 200' radius. If the TABC has restrictions concerning the sale of alcohol within 300' of a property, it does: not seem .fair to only notify people within 200'. Chairman Hawthorne expressed concern::with limiting the use of one's property without notifying them. City Planner Kee. informed the Commission that there is a customer survey at their place and requested that they complete the survey and mail it back to the Development Services office. AGENDA ITEM 1Y0. S: Adjourn. Commissioner.. Hall:.moved to adjourn the meeting of the Planning and Zoning Commission. Commissioner Lightfoot seconded the motion which passed unopposed (5 - 0). ATTE P1 'ng Technician, Natalie`Thomas APP Chairman, Kyle Hawthorne P & Z Minutes November 2, .1995 Page 6 of 6 t PROJECT REVIEW COMMITTEE REPORT October 23, 1995 TO: St. Mary's Parish 103 Nagle Street, College Station, TX 77840 Rick Hollington, Ray &Hollington Architects 2365 Rice Boulevard, Suite 202, Houston, TX 77005 FROM: Project Review Committe Jane Kee, City Plann r Veronica Morgan, Assi t City Engineer Charles Smith, P&Z Re sentative Others Attending Natalie Thomas, Planning Technician Steve Homeyer, Graduate Civil Engineer Tony Michalsky, Electrical Operations Coordinator Laverne Akin, G.T.E. Representative SUBJECT: Conditional Use Permit - St. Mary's .Student Center; proposed student center expansion to the existing church located at 103 Nagle m the Northgate zoning district, (95-713) A Project Review Committee meeting.. was held Wednesday, October 18, 1995 to discuss the above mentioned conditional use permit request.. City Planner .Kee. moved to recommend approval of the proposed use and site plan with the following conditions: CONDITIONS OF APPROVAL: The following is a list of .ordinance requirements identified by .the Project Review Committee. This list does not relieve the' applicant of total compliance with all current ordinance requirements. Ordinance Requirements: _ Show fire' hydrant locations or .note the distance to the closest. fire hydrants to provide coverage to: the site. Fire lanes. may be required; however, their location cannot be determined until the fire hydrants are shown on the site plan. Provide curb, handicap ramp and pavement details.. (These details can be shown. on the site. plan or submitted with the construction documents.) Increase the radius to 1 S from 10' on the driveway locations. Show proposed topography information and the overall drainage plan for the site. The proposed 12' building separation between the Student. and Activity Centers is acceptable with the additional. provisions outlined in the Standard Building Code. ,a PRC Report St. Mary's Student Center Page 2 of 2 Ordinance Requirements cont.): Verify that all driveways as well as ramps meet minimum Americans with Disabilities Act - ' (ADA) standards. Show details on the site plan. (Coordinate any utility pole conflicts or relocation's with Electrical Operations CoordnatorlVlichalsky at (409) 764-3660. _ Remove the wheel stops from the site plan or extend the depth. of the parking spaces to meet the minimum 18' .dimension. (If the wheel. stops are removed, increase the width of the sidewalk between the parking lot and the Activity Center to compensate for the vehicle overhang.) _ The. minimum throat length requirement is 25' measured from the street to the first point of conflict. Determine if this requirement can be met at all driveway. entrances. If not, coordinate a variance request with staff. _ Note the materials of the existing water and sanitary mains and show .the. water and sanitary sewer. service lines to the buildings including the size and demands.. Staff will size all. meters. _ Explore .the ,possibility of shifting the drive entrance near the intersection of Cross and Nagle. Streets further from the intersection to line up with the centerline of the driveway .acrossNagle Street, Comments/Concerns: _ Show the proposed transformer location and submit electrical load data on the proposed .expansion. The developer is responsible for the installation of .conduit and 20% of the total cost of electrical service. Coordinate conduit placement, street lighting and utility pole conflicts with Electrical Operations, Coordinator Tony Michalsky at {409) 764-3660. _ G.T.E. has existing underground facilities.. along. Church Street.. Coordinate telephone service: details with G.T.E. Representative Laverne Akin at (409) 821-4723. P&Z Representative. Smith seconded the motion to recommend approval of the use and site plan with the above mentioned conditions which passed unopposed (3-- 0). SUBMIT 10 COPIES OF THE REVISED SITE PLAN BY FRIDAY, OCTOBER 27, 1995 TO BE INCLUDED'IN THE PLANNING AND .ZONING COMMISSION PACKETS FOR THE 7:00: P.1VI. MEETING ON' THURSDAY, NOVEMBER 2, 1995. THE MEETING WILL BE HELD IN THE COUNCIL, ROOM OF THE COLLEGE STATION CITY HALL LOCATED AT 1101 TEXAS AVENUE SOUTH. APPEAL. PROCESS: An applicant may appeal the decision of the Project Review Committee to the Planning. and Zoning .Commission wrtlun five days after the PRC Committee meeting. Failure to appeal the PRC action shall constitute a contractual acceptance of all .conditions imposed, and a waiver and surrender. of all complaints, defects, or potential. invalidity, whether under state or federal law. An applicant appealing the decision of the PRC shall file ten copies of the final site plan as approved by the PRC, showing all changes and requirements imposed by the PRC, and accompanied by a written explanation of those items being .appealed. Until said copies are on file, no further development approval shall occur, and no further action by the Commssion shall take place. An applicant may .appeal only certain aspects of site plan review, and in the absence. of discretionary review by the Commission, or review pursuant to a petition, all other aspects of the site plan shall be final. Any notice of appeal shall state with particularity he aspects which .are. to be appealed. Coordinate appeal process through Development Coordinator Shirley Volk at (409) 764-3741.