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HomeMy WebLinkAboutMinutes~. Massey, Corrunissioners Garner and Malaney; opposition to the. motion were Commissioners Parker, Kaiser, and Rife). Commissioner Kaiser moved to recommend denial without prejudice. Commissioner Rife seconded the motion which passed unopposed (6-0). AGENDA ITEM NO. 7: Public hearing and consideration of a rezoning of approximately 5.8 acres located along the west side of State Highway 6, approximately 700' south of Graham Road, from R-6 Apartments/High Denisty to C-1 General Commercial.' (~.~.-10b) Senior Planner McCully presented the staff report and explained that the subject property represents six acres out of a larger, 36 acre development that shows the Highway 6 frontage area as commercial with a single family area behind it extending to the west toward the future Longmire extension. Construction of Longmire will be required as a part of that subdivision in compliance with the Thoroughfare Plan. She said that the Master Development Plan for the subdivision will come before the Planning and Zoning Commission in the next few weeks. The Plan would also encompass an existing C-2 zoned tract at the Graham Road/Highway 6 intersection,. as well as a portion of the North Fork of Lick Creek, which is shown on the Land Use Plan as a greenbelt area. The request for C-I would add roughly 900 feet of commercial frontage to the 7800 feet of commercial zoning that exists between Rock. Prairie Road and Greens Prairie Road. While .thee. Development Policies call for commercial zoning to be located at intersections of major roadways, and therefore much of the area that adjoins Highway 6 should be residential, commercial rezonings have nonetheless occurred across much of the roughly 12,500 feet of highway frontage between the two major arterials. These rezonings have occurred because development and speculative rezoning ,pressures have met with little opposition from the largely undeveloped southern area of the City. Staffs recommendation is therefore not based 'on the City's policies relating to locating commercial development. Instead, staff is attempting to recognize the reality of the existing zoning pattern, and to deal with potential negative impacts by addressing the transition areas between the commercial'. frontage and the .future residential areas. Development pressures in this area further support the need for an entrance overlay district. Staff recommended approval with the following conditions: 1. That there be a vegetative buffer that meets R&D requirements on the proposed C-1 property along the western boundary. 2. That the overall height of the buildings in the C-1 development not exceed 35'. 3. That the zoning not be effective until an east-west minor collector is either installed or guaranteed. Commissioner Kaiser was concerned with the theory of locating commercial zonings at all intersections of major roadways. Chairman Massey opened the public hearing. Mike Hester, Hester Engineering (2900 Brothers), explained that he was the engineer for the project. He said that the applicant had no problem with any buffering requirements, but had some concern with the east-west collector as a condition. The collector street would handle traffic from approximately 50 homes. He showed the Master Plan and explained the phases it would take to develop the streets. He said that he would not be able to commit to the collector street without consulting with the owner/applicant. P&Z Minutes March 4, 1999 Page 6 oj~0 Benito Flores-Meath, said that he thought the C=1 zoning would be good for the area. He felt the collector should be installed by the developer without allowing for oversize participation. Assistant City. Engineer Morgan said that this street may not be eligible for oversize participation. Chairman Massey closed the public hearing. Commissioner Maloney thought that the Commission would have a better feel for the project once the Master Plan was reviewed. He felt he could support the plan if it is the same as shown tonight. All Commissioner were concerned with C-1 because of its intensity. Commissioner Rife moved to recommend approval of the rezoning request with all. staff conditions. Commissioner Parker seconded the motion, which'- passed 4-2; Commissioners Kaiser and Maloney voted in opposition of the motion. AGENDA ITEM NO. 8: Public hearing and consideration of a Conditional Use Permit for the use only, to permit a nightclub addition to a restaurant in NG1 Historic Northgate. (99-707) Senior Planner McCully presented the staff report and stated that the request was for approval so that the applicant may pursue the finish-out of a second floor to the existing building to add a second floor that would operate largely as a nightclub. The proposed project. would have a Double Dave's pizza restaurant on the first floor with entertainment and a bar on the second floor. Unless the public hearing brought to light any new information indicating potential negative impacts, Staff recommended approval. Chairman Massey asked for a definition of a night-club. Ms. McCully explained that aright-club, as defined in the Zoning Ordinance, are establishments that derive 75% or more of their gross revenue from the on-premise sale of alcoholic beverages, or establishments where a dance floor, music, games or other entertainment is provided. She said that this request was being considered a "night club" because of the entertainment, the. alcohol sales would not be there primary source of sales because of the restaurant. The application. stated that there would be live bands but it did not specify a dance floor or pool tables. The upstairs area would have a service bar. Chairman Massey opened the public hearing. Mr. Larry Hodges, representative of Double Dave's, explained that this would not be a typical night club, but since. they are proposing live music the restaurant would fall into the night club category. There would be a service bar upstairs but no kitchen facilities. Benito Flores-Meath, expressed his concern for pedestrian traffic leaving the facility and crossing the street to get back to campus. He said there had been close calls in the past and this would increase if the patrons were drinking alcohol. He handed the Commission a packet which included his concerns, and several letters discussing the safety issues in the area. (This packet is included with these minutes.) Chairman Massey closed .the public hearing. P&Z Minutes March 4, 1999 Page 7 oj20 Council Regular .3/25/99 Page 7 3 ~ Public hearing, discussion and possible action on rezoning approximately 5.8 acres located the west side of SH 6, approximately 700 ft. south of Graham Road from R-6 Apartment/High Density to C-1 General Commercial. 99-106 Senior Planner Sabine McCully explained the master development plan. Staff and Planning and Zoning Commission recommended. approval with three conditions: • A vegetative :buffer meet R&D requirements on the proposed C-1 property along the western boundary. • The overall height of the buildings in the. C-1 development not exceed 35 ft. • The zoning not be effective until aneast-west minor collector is either installed or guaranteed. Mayor Protem Hickson opened the public hearing, Mike Hester, 2900 Brothers Blvd. representing the applicant came forward'to answer questions. Mayor Protem Hickson closed the public hearing, Councilman Mariott made a motion to approve Ordinance No. 2376 rezoning a 5.8 acre tract a portion of the Robert Stephenson League Abstract No. 54, in College Station, Brazos County, Texas from R-6 Apartment Medium Density to C-1 General Commercial. with staff recommendations as outlined above. Motion seconded by Councilman Silvia which' carried unanimously, 6-0. Mayor. McIlhaney absent. 3 5° Appointment to the Brazos County Emer°~ency 911 District Board-of 1Vianagers. Councilman Hazen made a motion to appoint Police. Chief'F,d Feldman to replace Bill Fox. Motion seconded by Councilman Mariott which carried unanimously, 6-0. Mayor McIlhaney absent. Item No. 4 -- Hear Visitors 13enito Flores-Meath, 901 Val Verde came forward to acknowledge receipt of a letter from the City Attorney relating to Mr. Meath's ethics complaint against Mr. Hickson. Mr. Meath extended lus complaint to include the City Attorney. In Mr. Meath's opinion, Mr. Cargill allowed the Council to make "illegal" votes in connection with Mr. Meath's request for an ethics investigation of councilmembers. He asked council to investigate this matter. Mr. Meath also made an open records :request for records relating to abstention of votes by councilmembers and planning and zoning commissioners in the past two years. Council Regular 3/25/99 Page 7 3 4• Public hearing, discussion and possible action on rezoning approximately 5.8 acres located the west side of SH 6, approximately 700 ft. south of Graham Road from R-6 Apartment/Hi~h Density to C-1 General Commercial. 99-106 Senior Planner Sabine McCully explained the master development plan.:Staffand Planning and Zoning Commission recommended approval with. three conditions: ~ A vegetative buffermeet R&D requirements on he proposed C-1 property along the.western boundary. ® The overall height of the. buildings in the C-1 development not exceed 3 5 ft. ® The. zoning not. be effective until an east-west: minor collector is either installed or guaranteed. Mayor Protem Hickson opened the public hearing. Mike Hester, 2900 Brothers Blvd. representing. the applicant came forward to answer questions. Mayor Protem Hickson closed the public hearing. Councilman. Marion made a motion. to approve Ordinance No. 2376 rezoning a 5.8 acre tract a portion of the Robert Stephenson League Abstract No. 54, in College Station, Brazos County, Texas from R-6 Apartment Medium Density to C-1 General Commercial with staff recommendations as outlined above.. Motion seconded by Councilman Silvia which carried unanimously, 6-0. Mayor McIlhaney absent. 3 5• Appointment to the Brazos County Emergency 911 District Board of Managers. Councilman Hazen made a motion to appoint Police Chief Ed Feldman to replace Bill Fox. Motion seconded by Councilman Mariott which carried unanimously, 6-0. Mayor McIlhaney absent, Item No 4 -- Hear Visitors Benito Flores-Meath, 901 Val Verde came forward to acknowledge receipt of a letter from the City Attorney relating to Mr. Meath's ethics complaint against Mr. Hickson. Mr. Meath extended his complaint to include the City Attorney. In Mr. Meath's opinion, Mr. Cargill allowed the Council to make "illegal".votes in connection with Mr. Meath's request for an ethics investigation of councilmembers. He asked council to investigatethisrnatter. Mr. Meath also made an open records request for records relating to abstention of votes by councilmembers and planning and zoning commissioners in the past two years. Council Regular S/27/99 Page 4 11.2 Public hearing, discussion and possible action on rezoning approximately 5.8 acres located along the west side of State Highway 6, approximately 700' south of Graham Road, from R-6 Apartment/Hi~h Density to C-1 General Commercial. Senior Planner McCully explained the master development plan. The City Council approved this rezoning on March 25, 1999 with three conditions: 1, There be a vegetative buffer: that meets R&D requirements on the proposed C-1 property along the western boundary. 2. The overall height of the buildings in the C-1 development not exceed 35 ft. 3. The zoning not be effective until aneast-west minor collector is installed or guaranteed. This rezoning request has returned to the Council because the applicant has requested condition #3 removed. The. applicant is proposing to extend a minor collector through the subject tract that will eventually serve the future C-1 development and proposed single family development on the abutting R-6 zoned property to the west. The existing commercial zoning to the north and south, as well as the creation of the intersection,. would justify some type of commercial zoning to the north and south, as well as the creation of the intersection to justify some type of commercial zoning on the subject pr®pe~'• Planning. and Zoning Commission and staff recommended denial of the request so that all three conditions of the rezoning to C-1 remain as they were approved in March 1999 Mayor McIlhaney opened the public hearing. Alton ®fczarzak, 3141 Barron Road, requested the rezoning of 5.8 acres of land with condition #3 removed because the construction expense for a road is not feasible at this time, Mayor Pro Tem Mariott inquired about a development agreement regarding Condition #3. Benito Flores-Meath, 901 Val Verde encouraged a guarantee. Mayor McIlhaney closed the public hearing. . - qq ~~~ Council Regular 5/27/99 Page 4 11.2 Public hearing, discussion and possible action on rezoning approximately 5.8 acres located along the west side of State Highway 6, approximately 700' south of Graham Road, from R-6 Apartment/High Density to C-1 General Commercial. Senior Planner McCully explained the master development plan. The City Council approved this rezoning. on March 25, 1999 with three conditions: 1. There be a vegetative buffer that meets R&D requirements on the proposed C-1 properly along the western boundary. 2. The overall height of the buildings in the C-1 development not exceed 35 ft. 3. The zoning not be effective until aneast-west minor collector is installed or guaranteed. This rezoning request has returned. to the Council because the applicant has requested condition #3 removed. The applicant is proposing to extend a minor collector through the subject tract that will eventually serve the: future C-1 development and proposed single family development on the abutting R-6 zoned property to the west. The existing commercial zoning to the north and south, as well as the creation of the intersection, would justify some type of commercial zoning to the north and south, as well as the creation of the intersection to justify some type of commercial zoning on'the subject property. Planning and Zoning Commission and staff recommended denial of the request so that all three conditions of the rezoning to C-1 remain as they were approved'in March 1999. Mayor McIlhaney opened the public hearing. Alton Ofczarzak, 3141 Barron Road, requested the rezoning of 5.8 acres of land with condition #3 removed because. the construction expense for a road is not feasible at this time. Mayor Pro Tem Mariott inquired about a development agreement regarding Condition #3. >3enito Flores-Meath, 901 Val Verde encouraged a guarantee. Mayor McIlhaney closed the public hearing. Council Regular 5/27/99 Page 5 Councilman Hazen moved to table this item until-the City Attorney can respond to Mayor Pro Tem Mariott's question regarding a development agreement. Motion seconded by Silvia which carried 4-0-3. FOR: McIlhaney, Mariott, Hazen and Silvia ABSTAIN: Maloney, Garner and Massey 11.3 Discussion and possible action on rezoning 1105 and 1107 Wellborn Road heated on the east side of Wellborn Road and south of the Wellborn Road/Holleman Drive m from R-1 Single Family to G 1 General City Planner Kee explained -the request. This request involves two lots that together total one quarter acre: in size. The lots front Wellborn Road and were subdivided years ago. The lots are south and adjacent to existing C-1 General Commercial property developed as storage buildings. Development policiesprovide commercial development at major intersections is appropriate but that strip: commercial should be avoided. This request is not in compliance with the land use plan,. although it is not incompatible with s®me surrounding uses. These lots are part of an area that is surrounded by commercial. and residential land uses.. Before any more commercial zoning is considered. in this area, consolidation of larger properties should'occur. Staff recommended denial. of the request as presented. The Planning and Zoning Commission recommended denial of the C-1 General Commercial and recommended rezoning the properties to C-N Neighborhood Commercial. Staff supported this recommendation. Mayor McIlhaney opened the public. hearing. The following citizens came forward to encourage the Council to consider the rezoning as submitted: Kathy Wheeler, 1003 Timm Dorcas Moore, 1101. Detroit Kayla Glover, 1210 Marstellar Onie Holmes,. 616 Southland Lucille Young, 720 Churchill Mayor McIlhaney closed the public hearing. Ala31Gg Y~=kR- ~ ~~~~ , ~i ~~~ ~ , ~1q- lv lv ~~ ~~~ ~nD,~~ ~~~ ~ cu,~ ~c~ ~ ~ ~~~~ ~~~ ,~ ~~~~ ~~ ~~ - 6~ the. ~~~ .~x~.,~i `~2~-~ ~~ ~,~ ~- ~~ p~~~~ ~ ~' ~~~ a~; ~ > ~-~ ~%~ ~~ ~~ pv~ /~n u~t ~ ~ ~ ~ ~ c~f~~ C~iw~Q~„~. ~' ~~ e~~ ~~~ -~ ~ ~~ ~' ~t~e ~ ~,~cl~ ~~~,-, ~~ ~~ ~i ~~~e ~ ~ ~~, ~ ~ ~ ~~~ i ~~ G~ ~ . v ~-~ ~~ ~. ~ ~' ~~ ~ un,~ ce~Q ~ ~~ ~ ~~~ ~ c{~ ~.s f ~n~c art ~- ~ ~~~~ ~~ ~~ ~~~ ~ (~ Q ~f" ~~ 7-U ~ "-' 1 1 /I~ 12.2- , ~-~ ,~~~'~ZGGf1Yl ~~ Cl~- _/~~ ~~ ~ ~ ~~~- ~~