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HomeMy WebLinkAboutMinutesPlanning & Zoning Commission CITY OF COLLEGE STATION, TEXAS February 6, 1997 7:00 P.M. COMMISSIONERS PRESENT:. Acting Chairman Gribou and .Commissioners Massey, Garner, Parker, Smith: and Lightfoot. (Chairman Hawthorne was in the audience.) COMMISSIONERS ABSENT: None_ STAFF PRESENT: City Planner Kee, Planning Technician Ruiz, Graduate Civil Engineer Homeyer, Senior Planner McCully, Staff Planner Battle and Assistant. City Attorney Reynolds: (Council Liaison Bill Fox was in the audience.) AGENDA ITEM NO. l: Approval of minutes from the meeting of January 16,1997. Commissioner Parker moved to approve the minutes from'the meeting of7anuary 16, 1997 as written. Commissioner Lightfoot seconded the motion whichpassed unopposed (6 - 0). AGENDA.ITEM NO. 2: Public hearing to consider a conditional use permit request for the Traditions night club to be .located in an existing office/warehouse building located at 30S Marion,Pugh, between Marion Pugh and the railroad tracks that run parallel to Wellborn Road. (97-700) Senior Planner McCully presented the staff report and' tated that the zoning on the.property permits all nonresidential`uses, either as uses by right or as conditional uses. Surrounding property has historically been underutilized due in part to the railroad adjacency and to sewer infrastructure constraints. The issues that are typically involved in a night club request include noise (both from patrons in the parking lot and from loud music), overflow parking, and unfavorable conduct. of patrons leaving the establishment (littering, trespassing, etc.). Complaints have come. mostly from residents living near existing night clubs, but dome have .come :from commercial tenants and customers when overflow parking occurs on adjoining commercial sites. The nearest residential areas include the single family residental.:located across the railroad tracks on the east side of Wellborn Road:. The Treehouse I, Treehouse II, and Treehouse Village apartment complexes are located to the west across Marion Pugh. The management of these .complexes has expressed concern regarding. the potential noise and increased traffic. The applicant plans to maintain an establishment with a relatively ,low level of noise. - no dance floor or live band activity is proposed: The applicant also intends to monitor the parking lot to prevent trespassing,.lotering,.littering, and excess external noise. The applicant will also be required to upgrade the site to accommodate the additional parking required by ordinance at a 1 per 50 square foot ratio. Senior Planner McCully stated that there have been two nightclub conversions in the past few years that were on a site by themselves with on-site parking -Charlie's (now EI Chico lat Holleman and Texas) and The Globe (behind Wendy's on Southwest Parkway). Charlie's just met the. parking requirement and excess parking was directed to the HEB parking lot across Holleman. The Globe exceeded the parking requirement and staff is unaware of any parking problems that may have occurred. If the use is approved, a site plan showing the parking to be installed will come back to the Commission for review. The City Council has.. a policy of encouraging business growth and the request will further this policy. Council .has .also. adopted the goal of protecting .residential areas.: There is a wide range. of uses that would be permitted on this property that. could .contribute as much or more to the traffic in the area. This potential is due- o the zoning on the property and not to the specific request for a night club. The Commission, .has the authority to regulate :characteristics that are generally attributable to night club uses... .Staff. generally does :not make recommendations in conditional` use permit .cases. If the Commission finds hat the use will;be compatible with existing and planned uses .for the area,.. then Staff recommends that approval be conditioned on the following: I) That the nature of the business remain similar to the use as described by the applicant and that any new ;activities such:as dance floors and live bands be brought back to the Commission for review; and; 2) That the parking lot be monitored against littering, loitering, loud noise from the parking lot, and trespassing-on adjoiningproperties. Senior Planner McCully. stated that the Commission has the option of denying the permit, approving the permit with' no additional .conditions placed on the night club use, or approving 'the permit with appropriate .conditions to mitigate potential impacts. Approximately seven surrounding property owners were notified with four'letters received in opposition to the request. Commissioner Gribou opened the public hearing. Mary Elizabeth Herring of 7448 Koppe Bridge in College Station stated that she is a former Planning and Zoning Commissioner and an attorney with Texas A&M University who is advising the applicants of the Traditions night club. :She tated that the proposed use is more viable in the.. proposed location than heavy industrial. - There will be very: little noise or traffic generated .during the day and the applicants have agreed to comply with the staff recommendations to monitor the parking area, etc. Ms. Herring stated. that they have the support_of Ron Blatchley, the owner of the McDonald's on Marion Pugh and the support of the manager of Treehouse Village Apartments. There is a vacant lot between the proposed night club and 1Vlarion Pugh that will help buffer.. any negative impacts from the nearby apartments.'.. A night club use. is more appropriate for: the area than the .heavy. industrial. that is currently allowed along this corridor of the George Bush. Presidential Library. Ms. Herring concluded that substantial improvements will be made to the site that will enhance he area rather than be' detrimental. Lorri Cunningham, a resident and manager of Treehouse Apartments I and II stated that she is opposed to the request. She expressed -concern with the-potential for crime,. loitering and increased traffic in a residential area. Helen Pugh.. of 601 Fairview read a letter to the Commission that she .wrote in opposition to the request. She stated that more night clubs should not be allowed within College Station city limits. and especially not on Marion Pugh. The Police Department .cannot .effectively manage the existing night clubs. Not one good. thing has ever come from such activities and another night club will only create more problems and grief. The Commission should deny the .request and preserve the integrity of the city. P & Z Minutes February 6, 1997 Page 2 vj3 Tracy Moody, one. of the owners of the proposed night club, informed the Commission that with the expansion of George Bush Drive, any traffic created by the night club will be minimal. compared to the traffic volumes for such a major street. Because the property is zoned for. heavy industrial uses, there are many permitted uses that would have substantial negative impacts on the neighborhood. Hans Betten of 1518 Oakview and one of the owners of the :proposed night club, stated that the building. has been vacant for three years.. The owner of the property believes that most manufacturing businesses are. not going to pay to locate within a commercial area when it is cheaper to locate outside the city. Chris Helms of 1224 Georgia Street and one of the owners of the proposed night club, stated that all three owners are TABC certified and all people working at the facility will also be certified. Commissioner Gribou closed the public hearing. Commissioner Smith moved to approve the use only of the Traditions Night Club to be located at 305 Marion Pugh with the two conditions outlined by staff. The motion died due .to ,lack of a second. Commissioner Garner moved to deny the conditional=use permit ;.request :for -the Traditions Night Club to belocated at 305 Marion Pugh'.` Commissioner'Lightfoot seconded the motion. Commissioner Garner stated that the applicants seem sincere in their intent to operate a quality night club; however, no one knows how long that could be.maintained.. She stated that her main concern is protecting the neighborhood integrity and the people that live in the area. Commissioner Lightfoot stated that he is also concerned about the safety of potential customers and residents in the area. The night club will. encourage pedestrian traffic that will have to cross high speed roadways. The club will also encourage pedestrian traffic across the middle of'Marion Pugh and not at controlled intersections. Commissioner Lightfoot stated that he commends the applicant's enthusiasm and desire to make something happen in this particular area of town; however, this is not an appropriate location for the city and for most of the residents in the area. - The motion to deny the request passed (4 - 1 - 1); Commissioner. Gribou ::abstained, and .Commissioner Smith voted in opposition to the motion. AGENDA ITEM NO. 3: Other business. There was no other business. AGENDA ITEM NO. 4: ~ Adjourn. Commissioner Parker moved to adjourn the meeting of the Planning and .Zoning Commission. Commissioner Massey seconded the motion which passed unopposed (6 - 0). APPR - ~ Chairman, Kyle Hawthorne February 6, 1997 Page 3 of 3 P & Z Minutes Chairman Hawthorne expressed concern for establishing a precedence from the standpoint of allowing such a tower to be placed so close to an existing residential area.. With current technology, it appears that the proposed tower could be placed on an existing structure or other, land available. Chairman Hawthorne stated that he hopes that the. applicants have found the least. obtrusive location for the tower within their service area. He stated that if a tower is proposed closer to a residential area, there will be a lot of scrutiny of future conditional use. permits. Commissioner Parker agreed and stated that he would prefer to see the tower relocated away from the existing residential neighborhood.. He stated that he would like to see the applicant further investigate other locations within the"area so that it does not negatively impact the adjacent neighborhood. Commissioner Lightfoot stated that everyone is concerned with the aesthetics of residential neighborhoods; however, only one owner in this -area .has. expressed a concern and that was more of a request for information. He stated that the proposed tower is more aesthetically pleasing than the existing line of power poles. Commissioner Gribou stated that he agrees and would rather see the tower than a string of power poles in terms of aesthetics. The motion to grant the conditional use permit passed (6 - l); Commissioner Parker voted in opposition to the motion. AGENDA ITEM N0.4: Public hearing to consider a .request for a conditional use permit for a nightclub (use and site plan) to be located in an existing ware house at 305 Marion Pugh Drive. Applicants are Hans Betten and Tracy Moody.. (97-700) Chairman Hawthorne explained. that he and Commissioner Gribou will abstain from considering this agenda item due to a conflict of interest. Commissioner Lightfoot will chair. the remainder of the meeting; Senior Planner McCully presented the staff report and .stated that the subject property is located between Marion Pugh and the railroad tracks near McDonald's. The zoning permits. all industrial and commercial uses, either as uses by .right or as conditional .uses. Surrounding property has been underutilized due in part to the railroad and to sewer constraints. The issues typically involved in a night club'-request. include noise (both frompatrons in the parking lot and from loud .music), overflow parking, and unfavorable conduct `of patrons. leaving the establishment (littering, trespassing, etc.). Complaints often come from. residents living near night :clubs. Some have come from commercial tenants and customers when overflow parking occurs on adjoining commercial. sites. Surrounding uses include vacant and industrial. uses in the immediate area with residential uses across. the street to the east and west. There is a single family residential neighborhood located across. the raikoad tracks east of Wellborn Road.. Several residents of this neighborhood have. expressed opposition. The Treehouse I, Treehouse II, :and Treehouse Village apartment complexes are located to the west across Marion Pugh. The management of'one of the complexes has expressed concern.. The applicant plans to maintain an establishment with no dance floor or live band. activity. Thee applicant also intends to monitor the parking lot to prevent trespassing,. loitering, littering, and excess external noise. The applicant will be required by ordinance to upgradethecite to accommodate additional parking. P & Z Minutes March 20, 1997. Page 3 of 7 Senior Planner McCully stated that the site plan, was reviewed by the Project Review Committee on March 12, 1997. The site plan will require a variance request before the Zoning Board of Adjustment for the number of parking spaces. It will :also necessitate a variance for the fire lane width from the Construction Board of Adjustment. Council has also adopted the goal of protecting residential areas. There is a wide range of uses #hat would be permitted on this property that could contribute as much,or more to the'traffic in the area. This potential is due to the zoning on the property and not to the specific request for a nightclub. The Commission has the authority to regulate characteristics that are generally attributable to nightclub uses. If the Commission :opts to approve the permit, Staff recommends that approval of the nightclub be conditioned. on the following: (1) That .the nature of the business remain similar to the use as described by the applicant and hat any new activities such as dance floors and live bands be brought back to the Commission for review. (2) That .the parking '-lot be monitored againsfi littering, loitering, loud noise from the parking lot, and trespassing on adjoining properties. (3) That the building be equipped with soundproofing materials (4) That all PRC comments be included on the site plan and there is favorable action by the. ZBA and the Construction Board of Adjustment. Senior Planner McCully stated that the Commission. denied the requested permit. on February 6, 1997. The stated reasons for denial included concerns hat the nightclub would have a negative effect on the residents of the area and that it would attract pedestrian traffic across Marion Pugh during late hours. Commissioner Lightfoot .opened the public hearing. The folowing people spoke in favor of the request: Hans Betten Jeffrey McDonald Tracy Moody Wayne Euston 1518 Oakview 1106C Welsh .Street 1030 B Crystal Brook 2701 Longmire The following concerns were expressed.• (1) There have been .comments made regarding the character of the applicants that are completely false. (2) In an effort to address the Commission's concern regarding pedestrian traffic, an 8' tall cedar fence is proposed along three sides of the building to keep people from having direct access to Wellborn Road.. The: fence will also help screen noise and lights from the proposed parking lot. (3) Parking monitors will be hired to_pick up trash and supervise. the parking lot to make sure people are not disruptive. , P & Z Minutes March 20, 1997 Page 4 of 7 (4) The Traditions night club is not a dance: club or a live concert club.. The applicants propose fifty-two 4' x 4' tables where you can sit, eat, play dominos, play cards and listen to music. The music will be low enough so that people will be able to have a conversation 4' away. Once the building is renovated, the wood walls will also help control noise. (5) The proposed night club. is based on the traditions of Texas. A&M and College Station including bonfire,. football, fraternities, corps of cadets, railroad, etc. The use will help promote tourism and .give tourists a place to visit when they are attending sporting events or the George BushZibrary. (6) The noise of the night. club cannot be any. worse than the noise created by the trains in the area. (7) Preparations are being made to address. he trash issue. in the area. Not only will the site be monitored for trash but the applicants have looked into adopting Marion Pugh through. the "Adopt A Street" program. (8) The TABC is responsible for licensing the applicants and if someone is allowed to leave the night club drunk,. they could lose everything. The following people spoke. in opposition to the request: Norma Miller 504 Guernsey Treehouse Apts. Manger, Lorri Cunningham 200 Marion Pugh Ms. Marion Pugh 601 Fairview Bill Bingham 404 Fairview Carol Edwards lives. near Brison Park Lia Green. 200 Marion Pugh The, following concerns were expressed.• {1) Allowing a night club in this area with the associated noise,. trash and safety concerns will. not preserve the neighborhood integrity that the. City. has agreed to preserve. The use is being sandwiched between. two. residential .neighborhoods, apartments and railroad tracks. The proposed night club will be located in the. middle of a historically preserved neighborhood and near a church. {2) The use will. substantially increase raffic in an area that can only be accessed by George Bush Drive and substandard streets. such as Luther and. Jones-Butler Road to Holleman.. OverIlow parking will occur along Marion Pugh and in the adjacent apartment complexes. {3) Safety is a major concern both for the pedestrians in the: area and residents of the apartment complexes. (4) A commercial: business should be allowed in the area that is .more conducive to the surrounding residential development with more reasonable hours. P & Z Minutes March 20, .1997 Page S of 7 (5) The applicants have ignored the Commission's direction to stop working in the existing building.: A parry was held at the building with many kegs. of beer and a $5 admission fee .per person. The police were called three times after 1:00 a.m. concerning the loud noise. (6) If the conditional use permit is granted, the civic pride listed in the "Visions of the 21st Century" is destroyed. (7) If the applicants. would consider serving only non-alcoholic beverages, the .residents may be more willing to work with them to allow the propo ed night club. The combination of alcohol and the close proximity of the railroad tracks is a safety concern. Senior Planner McCully explained that she worked with the .Police Department and found that there were several calls on January 31, 1997'related to the west side of Marion Pugh; however, they do not appear. to be related to the fund-raiser that was held. in the existing building. The fund-raiser was over at 1:00 a.m. and the applicants have said that admission was not charged. Commissioner Lightfoot informed Ms. Miller that he appreciated her input and written comments associated. with the use permit. However, in one of the. letters by Ms. Miller that was distributed to several departments .and Councilmen, he was misquoted. Commissioner Lightfoot suggested that Ms. Miller verify future quotes with himself or refer to the tapes of the meeting in order to convey the correct information. The following people spoke concerning the request (not in opposition or in favor): Kathleen Naylor 101 Fidelity Dennis Maloney 803 Welsh The following concerns were expressed.• (1) The Wellborn Road comdor must be addressed to handle the future growth in the area. Conflicts -such as .the preservation of the south side area, the traffic along Wellborn Road commercial pressures in the area and the rail road tracks must be resolved. (2) The subject property will develop commercially at some point in the future. If the applicants are truly. out to preserve the Aggie traditions and create a low keyed facility for tourists, it could be an asset to the community. However, if a typical Northgate bar is planned, it will be detrimental to the community. (3) The main concern for the proposed,nightclub and the entire west side is safety and the existing .railroad. tracks. If there is a way to ensure that patrons will not leave the night club intoxicated, the use maybe acceptable. Commissioner Lightfoot closed the public hearing. Commissioner Garner moved to deny the conditional use permit request. for the Traditions. night club at 305 Marion Pugh. Commissioner Parker seconded the motion. P & Z Minutes March 20, 1997 Page 6 of 7 Commissioner Garner stated that ..she still has the same safety concerns expressed at the previous meeting. She commended the applicants on their hard-work and efforts to develop in College Station; however, safety and neighborhood integrity are the two overriding issues. Commissioner Massey stated. that he admires the energy and hard work.. on behalf of the applicants; however,. it is just being directed; at the wrong place. The. proposed business. could be an asset in another location. There' are some substantial problems in the area that need to be addressed to maintain the integrity of the .South Side neighborhood and handle the pressures of the George Bush Library. However, the safety issues involved in granting such a conditional use permit at this location are too great. Commissioner Lightfoot stated that it is not the charge of the Commission to act on anyone's reputation or previous experience. It is the Commission's. responsibility to consider the request and its. impact that it may have on the surrounding property owners: and the city. as a whole. Commissioner .Smith stated that he votedfor the use permit last time but will vote to deny. the request tonight. There has been additional information presented and more input. from the surrounding property owners at this. meeting.. The decision to deny the request has to deal with the merits of this case, including the safety issues, and not the comments made concerning the character of the applicants. Commissioner Parker stated that. the safety issue has been the overriding issue all along. with the location of the railroad tracks. The business seems like it could. be successful elsewhere in the community, away from the tracks. The motion to deny the conditional use permit passed (5 - 0 - 2); Chairman Hawthorne and Commissioner Gribou abstained. AGENDA ITEM NO. S: Consideration of a final plat for the Brazos Village Subdivision which is located along. State Highway 6, between Rock Prairie. Road and Birmingham Road. (97-207) This agenda item was removed prior to the meeting at the request of the applicant. AGENDA ITEM NO. 6: Other business. There was no other business. AGENDA ITEM N0.7: Adjourn. Commissioner Massey moved to adjourn the .meeting of the Planning and Zoning Commission. Commissioner Lightfoot seconded the motion which passed unopposed (7 - 0). APPROVED: Chairman, Kyle Hawthorne ATTEST: Planning Technician, Natalie Ruiz P & Z Minutes March 20, 1997 Page 7 of 7 MEMORANDUM TO: Planning and Zoning Commission FROM: Natalie Thomas Ruiz, Planning Technici DATE: March 20, 1997 RE: Traditions Night Club at 305 Marion Pugh. The following is an excerpt from the Planning and Zoning Comrrussion minutes from the meeting of February 6 1997 concerning the Traditions night club at 305 Marion Pugh. Since that meeting there has been some confusion about' he comments made by Commissioner Lightfoot during the discussion of the motion to 'deny the conditional use permit. In an-attempt to clarify the comments made 'during this ' discussion, I have 'transcribed this section of the. tape and incorporated them into the minutes. AGENDA ITEM NO.2: Public. hearing to consider a conditional use permit request for the Traditions night club to be located in an existing office/warehouse building located at 305 Marion Pugh, between Marion Pugh and the railroad tracks that'run parallel to Wellborn Road,'. (97-700) Senior Planner. McCtiilly presented the staff. report and stated that the zoning on the properly permits all nonresidential .uses, .either as uses by' right or as conditional uses. Surrounding: properly has historically been underutilized due in part to the railroad adjacency and to .sewer infrastructure constraints. The issues that are. typically involved in a night club request include noise (both from patrons in the: parking lot and from loud music), overflow parking, and unfavorable conduct of patrons ..leaving the establishment (littering, ...trespassing, etc.). Complaints leave come mostly from. residents living near existing night clubs, but some' have come from .commercial tenants and customers when overflow pazking occurs on adjoining. commercial sites. The, neazest residential areas include the single family residential located across the railroad tracks on the east side of Wellborn Road.: The Treehouse I, Treehouse lI, .and Treehouse Village apartment. complexes are located to the west across Marion. Pugh. The management of these complexes has expressed concern regarding the potential noise and increased traffic. The. applicant plans to maintain an `establishment with a relatively. low level of noise - no dance floor or live band activity is proposed. The applicant also intends to monitor the parking lot to prevent trespassing, loitering, littering, .and excess external noise. The applicant will also be required to' upgrade the site ' to accommodate the additional parking..requred by ordinance at a 1 per 50 squarefoot'ratio..There have been two nightclub conversions in the past few., years that were on a site by themselves with on-site parking -Charlie's (now El Chico.. at Holleman and Texas) and The Globe (behind Wendy's on SouthwestParkway). Charlie's just met the parking' requirement and excess parking: was directed to a `HEB pazking lot across Holleman. The Globe exceeded the parking requirement and staff is unaware of any parking problems that may have occurred. If the use is approved, a site plan`showing the parking to be installed will come back to the Commission for review. The City Council has a policy of encouraging business growth and the request will further this policy. Council has also adopted the goal of protecting residential areas. There is a wide range of uses that would be permitted on this property that could contribute as much or more to the raffic in the area. • This potential is due to the zoning on the property and not to the specific request for a night club.' The Commission has the authority to regulate characteristics that are .generally attributable to night: club uses. Memo to P&Z March 10, 1997 Page 2 of 3 Senior Planner McCully stated that staff generally does not make recommendations in conditional use permit cases. If the Commission finds-that the use will be compatible with existing and planned uses for the area, :then Staff recommends that approval be conditioned on the following:.. 1) That the nature of .the business remain similar to the use as described. by the applicant and that any new. activities such as dance floors and live bands be brought back to the Commission for review; and,-~) That the parking lot be monitored against littering, loitering, loud noise from the parking lot, and trespassing on adjoining properties. Senior Planner McCully. stated that the Commission has the option of denying the permit, .approving the permit with no additional conditions placed on the night. club use, or approving the ..permit with appropriate conditions. to mitigate potential impacts. Approximately seven surrounding property owners were notified with four letters received in opposition to the request. Commissioner Gribou opened the public hearing. Mary Elizabeth Herring of 7448 Koppe Bridge in College Station stated that she is a former Planning and Zoning Commissioner. and an attorney with Texas A&NI University who is advising the applicants of the Traditions night club. She stated that the. proposed use is more viable in the proposed location than heavy industrial. There will be very little noise or traffic generated during. the day and the applicants have agreed to comply with the staff recommendations to monitor the parking area, etc. Ms. Herring stated that they have the support of Ron Blatchley, the owner of the McDonald's on Marion Pugh and the support of the manager of Treehouse Village .Apartments. There is a vacant lot between the proposed night club and Marion Pugh that will help buffer any. negative .impacts from the nearby apartments. A night.. club use is more. appropriate for the area than the heavy industrial .that is currently allowed along this corridor of the George Bush Presidential Library. Ms. Herring concluded that.. substantial improvements will be made to the site that will enhance the area rather than be detrimental. Lom Cunningham, a resident and ,manager of Treehouse Apartments I and II stated that she is opposed to the request.: She expressed concern with the potential for crime, loitering and increased traffic in a residential area. Helen Pugh of 601 Fairview read a letter to the .Commission that she wrote in opposition to the request. She stated that more night clubs should not be allowed within College Station city .limits and especially not on Marion Pugh. The Police Department cannot effectively manage. the existing night clubs. Not one good thing .has ever come. from such activities and another night club will -only create more problems and grief. The Commission should deny the request and preserve the integrity of the city. Tracy Moody, one of the owners of the proposed night club,. informed the. Commission that with .the expansion of George,Bush Drive, any traffic created. by the' night club will be minimal compared to the traffic volumes for such a major street. Because the property is zoned for heavy industrial uses, there are many permitted uses that would have substantial negative impacts on the neighborhood. Hans Betten of 1518 0akview and one of the owners of the proposed night club, stated that the building has been vacant for three years. The owner of the property believes that most manufacturing businesses are not going to pay to locate within a commercial area when it is cheaper to locate outside the city. Chris Helms of 1224 Georgia Street and one of the owners of the proposed. night club, stated that all three owners are TABC certified and all people working at the facility will also be certified. Commissioner Gribou closed the public hearing. Commissioner Smith moved to approve the use only of the Traditions Night Club to be located at 305 Marion Pugh with the two conditions outlined by staff. The motion died. due. to lack of a second. Commissioner Garner. moved to deny the conditional use permit request for the Traditions Night Club to be located at 305 Marion Pugh. Commissioner Lightfoot. seconded the motion. Memo to P&Z March 20, 1997 Page 3 =of 3 Commissioner. Garner stated that. the applicants seem sincere in their intent to operate a quality. night club; however, no one knows .how long that could: be maintained. She stated that her -main concern is protecting the neighborhood integrity and the people that live in the area.-' Transcription ofthe above paragraph Commissioner Garner: "I just think I need to give a few reasons for my motion. I appreciate the fact that you're enterprising and you wantto start a business and you seem very sincere in your intent. However, we don't know how long that could be maintained. There's just too many questions aboutit and my main concern is protecting the integrity of the .people who live in that area. I m just not convinced .that that is the best..: use.. of that land .right now. You might enhance it some now, but the problems. that. could become in that area may be not worth that. I just feel very concerned about the people who live. in there. " Commissioner Lightfoot stated that he is also concerned about the safety of potential customers and residents in the area. The night. club will encourage pedestrian traffic that will have to cross high speed roadways. The club will also encourage pedestrian traffic. across the middle of Marion Pugh and not at controlled intersections. Commissioner :Lightfoot stated that he commends the applicants enthusiasm and .desire. to make something happen in this.... particular area of town; however, this is not an appropriate location for the city and for most of the residents in the. area. Transcription ofthe above-naraQranh Commissioner .Lightfoot:.. "1 certainly encourage the free enterprise system and 1 encourage development. My concern for this location is more than just because we've had some people speak against it - which I certainly respect their feelings 1 m concerned frankly about the afety of some of your customers. The proximity of thataocation to` Wellborn Road to Treehouse, Treehouse Village and other apartments in the area, will not discourage foottra~c. And as people may not be allowed to cross roads with. high speed traffic and not at intersections, we alb know that that's quite possible, it might happen. There might be a high speed driver who at late hours might not see someone walking from their apartment to the place of business or away from the place of business. I'm just concerned that that wouldn't be safe. 1 do know, .although it's been awhile since I was your age, 'but I do know that your place will attract people. The petitions that you brought in here at the last moment are obviously residents of the 'apartment complexes. in that,area who would favor such an establishment; but, we must also acknowledge that they will be moving on. They won't be permanent residents of the area, they won't be permanent propertyowners of the area. I commend your enthusiasm and your desire to make something happen in this area and the College Station area, And, I hope that you won''t be discouraged from doing something. else. But it is my opinion that this is not the right place to do `it for our city and for most'',of the people who live out there. " The motion to deny the request passed (4 - 1 - 1); Commissioner Gribou abstained and Commissioner Smith voted in opposition to the motion.. I hope tthat this helps to clarify. the minutes from the February 6, 1997 meeting. If you. have any questions or need additional .information, please call ,me at 764-3570 or a-mail me at "nruiz@ci.college=station.tx.us". cc: Case-file #97-700 Skip Noe, City. Manager Tim. Callaway, Acting Director of Development Services Jane Kee, City Planner Kent Laza, City .Engineer PROJECT REVIEW COMMITTEE REPORT March 13, 1997 TO: Hans Betten & Tracy Moody 1.518 Oakview, Bryan, Texas 778.02 Deborah Keating, Urban Design Group P.O. Box 10153, College Station, Texas 77842 FROM: Project Review Committee Sabine McCully, Senior Planner Steve Homeyer, Assistant to the City Engineer Julius Gribou, P&Z Representative Others Attending Natalie Thomas,' Planning Technician Tony Michalsky Electrical Operations Coordinator. Laverne :Akin, G.T.E. Representative Shirley Volk, Development Coordinator Jon Mies, Fire Marshal. SUBJECT: Conditional Use Permit Traditions Night Club -proposed night club to be located in an existing office/warehouse building at 305. Marion Pugh. (97-700) A Project Review Committee meeting was held Wednesday, March 12 1997 to discuss the above mentioned conditional use ,permit request. P&Z Representative Gribou moved to recommend approval of the proposed site plan with the following_conditions: 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. CONDITIONS OF APPROVAL: Ordinance Requirements: Site Plan Related.• Show hammer-head easement, _ Transfer correctparking legend onto situplan. _ An irrigation plan needs to be submitted prior to issuance of Certificate of Occupancy. _ Make changes on detail sheet. Must get variance from Construction Board of Adjustment for fire lane width. PRC Report Traditions Case #97-700 Page 2 of 3 Ordinance Requirements (contJ: Site PZanRelated.•, Must. get variance from Zoning .Board of Adjustment for number of parking spaces and number of islands in parking lot. __ Depending on where the fire lane will be located, .the one fire hydrant may need to be re- located. _ There should be an area for cars to turn around towards the "dead-end" parking. This could. be combined with the hammer-head easement. Comments/Concerns: _ Coordinate electrical service .details with .Electrical Operations Coordinator Tony Mchalsky at {409) 764-3660. _ Coordinate any changes. to the e~sting telephone entrance with G.T.E.. Representative Laverne Akin at (409)-821-4723. _ Coordinate gas service details with Lone Star Gas Representative David borough at (409) 776=0627. Asst. to the: City Engineer Homeyer seconded the motion to .recommend approval of the site plan with the above mentioned conditions which passed unopposed (3 - 0). SUBMIT 10 COPIES OF THE REVISED SITE PLAN BY FRIDAY, MARCH 14, 1997 TO BE INCLUDED 1N THE PLANNING AND ZONING COMMISSION'PACKETS FOR THE 7:00 P.M. MEETING ON THURSDAY, MARCH 18, 1997. THE.. MEETING WII.,L 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 within. 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 fixrther development approval shall occur, and no further action by the .Commission 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 the aspects whick are to be appealed.: Coordinate appeal process through Development Coordinator Shirley Volk at (409) 764-3741. ~. Regular 4/10/97 Page 3 Agenda Item. No. 7 -- Regular Agenda 7a Public hearing and consider appeal of the Planning. and Zonina Commission decision to deny a conditional use permit request for-the conversion~of a vacant_ _ - --__ ~- -' -----'-~ -'--'-..1__~a~..1 ..L-0nG11 A.,~~r. r~ D~~nh r~Pl~/D 97-700 Staff Planner Sabine McCully presented a brief staff report and stated #hat the applicant was required to apply for a conditional use permit because nightclubs are considered conditional uses in commercial zoning districts. The site is zoned M-2 Heavy Industrial and provides for all commercial: uses as well. She referred to a map of the surrounding properties and proposed parking lot,. and noted that staff found general compliance with the development requirements of the zoning ordinance. She described the review standards: 1f Council. overturns the decision of the Commission, staff recommended that approval of the nightclub be conditioned on the following: 1. That the nature of the business remain similar to the use as described by the applicant and that any new activities such as dance floors and live bands be brought back to the Commission for review. 2. Thaf the parking lot be monitored against littering, loitering, loud noise from parking lot, and trespassing on adjoining properties. 3. That the building be equipped with soundproofing materials. Ms. McCully explained that the ordinance. allows council to place a time limit on the conditional use permit and subsequent review. Mayor Mcllhaney opened .the public hearing. The following persons spoke Hans Betten Sean P: Merrell Jason Hicks Reggie Harper Tracy'Moody Chris Helms Mark. McCowen in favor: 1518 Oakview, Bryan ...1312 Airline 'Dorm 7, Room 115 -602 Marion 1030 Crystal Brook 1224 Georgia 609 Turner, Apt. H Regular 4/10/97 Comments stated as follows: Page 4 1. The:applicant agreed to construct an 8 ft. tall cedar fence proposed along three sides of the building to keep people from direct access to-Wel born Road. Fence will also-help screen noise and lights from the proposed parking lot. Also use of parking lot monitors to ensure the activities associated with.:"Traditions° are contained within the property boundaries. 2. If approved: and given the`opportunity, the issues of noise, littering, and disruptive behavior will be resolved. 3. The .location of the site. is better than going to the congested area of clubs, particularly in Northgate. It may also be better for individuals who drink to walk to their homes nearby rather than traveling. across town.. 4. The College Station Police .Department and owners of McDonald's were notified prior to the_party being held at the location. Individuals_controlled the traffic and parking. 5. The train will be a natural. barrier between .the Southside area:.... and the proposed location. 6. A comment was made to allow the applicants an opportunity to,try his entrepreneurship. 7. The applicant expressed a desire to be an Aggie .Club, catering to alumni and citizens of College Station, not~nly students. It is also a desire to have nice -.- landscaping and keep the area clean.. The applicant plans to be involved in community interests. 8. As a resident of the southside area, there are many residents who are not opposed to the club. 9. This is a viable option for students to have a good time and be safe. The following persons spoke in opposition: ~~ Stella Wilkes 9552 River Road, CS James DeGraw 400 Marion Pugh, #2107 Sharon: Menn 200 Grove Shelli Coots 400 Marion Pugh ~. Regular 4/10/97 Page 5 Olive DeLucia 307 Timber Mrs. Marion .Pugh 601 Fairview Bill Bingham 404 Fairview. Jerry Cooper ; 602. Bell Carol Edwards 400 West Dexter Marianne Oprsko 2475 Barron Road Comments stated as follows: 1. Traffic congestion. on George -Bush and Wellborn intersection will. be aggravated by the nightclub traffic, especially on football weekends. Safety is a major factor to consider. 2. A recent party at the proposed location disturbed the residents in surrounding apartments and homes.'... 3. Traditions nightclub would not be an attraction for visitors as they drive along Wellborn Road to the George: Bush Library.. 4. Not a suitable place for this type of business. 5. Is the City willing to be liable for a student who is killed crossing the tracks due to the location of his bac? 6. The Planning and Zoning Commissions have reviewed and denied this case twice. 7. Disruptive behavior is associated with persons who drink excessively. 8. The residential area will change dramatically with a nightclub added. 9. Po ice reports on the party. were available for council inspection. Mayor Mcllhaney .closed the public hearing. Councilman. Hickson made the motion to uphold the recommendation by the Planning. and Zoning .Commission to deny the application for a conditional use permit. The motion was seconded by Councilman Fox which carried unanimously, 4=0. Agenda Item Cover Sheet X~ Regular Item Consent Item Statutory Item Item Submitted By` Sabine McCull ,Senior Planner For Council Meeting. Of: Aril 10,:1997 Director Approval: City Manager Approval: •.}}}:•}:r}:•?}}}}vtiiT`v'::;:rii:;'?:iiii:C::$:2::}.YLni :5:.~•~..>r• k}L n}JtT}l~.:ii4`}::}iy: }ii:?}}5 +v i 5 ue re it erm P e Us I q Item. Appeal of the Plannng and Zoning Commission decision to deny a Cond~tiona for the conversion of a vacantwarehouse to a 9000 square foot night club. This is also a request for site plan approval at this time. (Planning Case No. 97-700) Item Summary: The subject property is located between.Marion Pugh and-the railroad tracks near the recently constructed McDonalds. The zoning zoning onthe property permits all industrial and commercial uses,:either as uses by right or as conditional uses.. Surrounding property has,historically been underutilized due, in part, to the railroad adjacency and to sewer infrastructure constraints. The issues#hat are;typically involved in a nightclub request include noise (both from patrons in the parking lot and from loud music), .overflow parking, and. unfavorable conduct of patrons leaving the establishment (littering,'trespassing, etc),.. Complaints often have come mostly from residents living near existing nightclubs. but sSome have come from commercial tenants and customers when' overFlow parking occurs on adjoining' commercial sites. Surrounding uses include mostly vacant and industrial uses in the immediate area with residential uses across streets boundaries to the east andand to the west. There is a single family residential neighborhood located across the railroad tracks on the east side of Wellborn Road. Several .residents of this neighborhood have expressed opposition. .One of the residents of this neighborhood has expressed. objection to any additional nightclubs in the City.. The Treehouse I, Treehouse II, and Treehouse Village apartment complexes are located to-the west across Marion Pugh. The management of one of the complexes has expressed concern. regarding the potential noise and increased traffic. The applicant plans to maintain an establishment with a relatively low level of noise - no dance floor or live band activity. is proposed. The applicant also. intends to monitor the parking lot to prevent trespassing,loitering, littering, and excess external noise. The applicant will. be required. by ordinance to upgrade the site to accommodate the .additional parking. required. The site plan must return to the Commission for review. Policy Issue Statement: The City Council has a policy of encouraging business growth and the request will further this policy. Council hasalsoadopted the goal of protecting. residential areas. There is a,widerange. of uses that would be permitted on this property that could contribute as much or more to the traffic in the area. This potential is due to the zoning on the property and not to the specific request for a nightclub. The Commission. has the authority to regulate characteristics that are generally attributable to nightclub uses. Staff Recommendations: Staff generally does not make recommendations in Conditional Use Permit cases. If the: Council overturns the decision of the Commission, then Staff recommends that approval of the nightclub be conditioned on the following: 1. That the nature of the business remain similar tothe use as described by the. applicant and that any new activities such as dance floors. and live bands. be brought back to the Commission for review. 2. That the parking lot be monitored against littering,. loitering, loud. noise from the parking lot, and trespassing on adjoining properties. 3. That the building be equipped with soundproofing materials Related Advisory Board Recommendation: The Commission denied the requested permifion February 6, 1997. The stated reasons for denial included concerns that the nightclub would have a negative effect on the residents of the area and thatthe nightclub would attract pedestrian traffic across Marion. Pugh during. late hours. Due to an error in notifications, the case was renotified and reheard by the Planning and. Zoning. Commission on March 20, 1997. The requesf was denied once again, due primarilyto safety concerns posed by an alchohol-serving establishment that is immediately adjacent to a railroad. City. Attorney Recommendations/Comments: 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; and 3. That the proposed use will not be detrimental to the health, welfare, and safety of the surrounding neighborhood or its occupants, nor be substantially or permanently injurious to neighboring property....... The Commission may impose additional reasonable restrictions orconditions 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. Council Acton'Options: The Council has the following options: 1. Uphold the decision of the Commission to deny the permit 2. Overturn the decision of the Commission in its entirety 3. Remand the case. to the Commission. for reconsideration of certain and specific points. Supporting' Materials: 1. Location Map 2. Application 3. Engineering Information 4. Notification Information 5. Letters in opposition 6. P&Z minutes (both. meetings) 7. Letter of appeal 8. Petition in support