HomeMy WebLinkAboutStaff ReportsSTAFF REPORT
Item: Public hearing and consideration of a Conditional Use Permit, use only, for an experimental
public school to locate in Post Oak Mall across from Oshman's near the eastern mall entrance.
(99-712)
Applicant: Cheatam and Associates for CSISD
Item Summary: The request is for a temporary use of a lease space in Post Oak Mall for an
experimental alternative teaching method that has been authorized by the State. Staff has classified
the use as a public school, which may be located in any zoning district with a Conditional Use
Permit. No site work is required or proposed with this project - therefore, no site plan will be
required to be submitted.
Staff Recommendations: 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: (Staff comments
are in italics)
1. "The proposed use meets all the minimum standards established in the ordinance for the
type of use proposed " This use meets all of the minimum ordinance requirements.
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." This use is in line with the Land Use Plan.
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 public hearing is an opportunityfor the Commission to measure the
potential impact on surrounding land uses.
"The Commission may impose additional reasonable restrictions or conditions 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."
Related Advisory Board Recommendations: N/A
Commission Action Options: The Commission has final authority over the Conditional Use
Permit and associated site plan. The options regarding the use permit are:
1. approval as submitted
2. approval with conditions relating to specific site characteristics or with time limitations
3. denial with specified reasons for denial table, or defer action to a specified date
Supporting Materials:
1. Location Map
2. Application
3. Infrastructure and Facilities
INFRASTRUCTURE AND FACILITIES
The Mall facility meets all infrastructure needs for the proposed use.
NOTIFICATION:
Legal Notice Publication(s): The Eagle; 6-2-99
Advertised Commission Hearing Dates(s): 6-17-99
Advertised Council Hearing Dates: Not required
Number of Notices Mailed to Property Owners Within 200': 23
Response Received: None as of date of staff report
To: The Members of the College Station Planning and Zoning Board
Re: The Brazos School for Inquiry and Creativity
Monday, June 28, 1999
Dear Board Members:
At this Thursday's meeting, you will be deciding on a permit to allow an
experimental school to set up house" in Post Oak Mall. The school, to be called The
Brazos School for Creativity and Inquiry, is looking at one or two spaces in the mall,
across from Oshmans, near the mall entrance to Sears. As a parent and an educator
in College Station (I teach 6th grade at Cypress Grove Intermediate School in College
Station), I am concerned about the proposed location for this school.
Let me first say that I have learned of this school through the Brazos Valley
Troupe, a non-profit youth theater group which, thanks to the generosity of Post Oak
Mall, currently resides in the space directly across from Oshmans. My daughter has
been involved with Troupe for several years now, and it has literally been, in her case,
a shining beacon of warmth and love and nurturing for what was a very troubled
adolescent. Please be assured that any opposition I may have to this school is not
connected with her involvement in Troupe, since she is no longer very active with the
group due to the fact that at age 16 she now has many other interests.
When I first heard of this school, I was intrigued. As an educator, I know all too
well that there are students who are not successful in a traditional school setting.
Often times these students struggle in school to fit in, but eventually become frustrated
and either drop out or finish their public school years with no sense of direction, no
purpose, no goals. A school such as this, emphasizing creativity and self-paced work,
could serve a vital need in our community and should, I feel, be supported. But I have
several concerns which revolve around the suitability of the facility itself. After having
spent countless hours there over the past 3-4 years, I can personally attest to several
problems. I had planned on attending the meeting on Thursday, but I will possibly be
out of town - hence this letter.
First is the location itself. In order to enter the space, one must either enter
through a mall entrance and then walk a distance through the mall to get there, or else
enter through a back door. The back door leads into a no-parking delivery area, which
is enclosed by a brick wall with a rather small opening for automobile access. There is
a large trash dumpster there, and an old, unreliable trash compactor which would be a
very dangerous set-up with young children around. Neither of these entrances
(through the mall or through the back door) seems very appropriate for a school
entrance. Young children could not be expected to find their way through the interior
of the mall, and the back entrance would become unbelievably congested with 75 -
100 parents dropping off and picking up children. Also, if parents were to simply drop
off (or wait for) children outside the no parking enclosure, that would require the
children crossing several main traffic lanes in the mall parking lot. While this would not
be problem at 8 or 8:30 in the morning, it would be a very dangerous situation in the
afternoon.
Another concern in the rest room facilities. While I am unsure what
requirements, if any, would be placed upon the school, right now there are only two
toilets (one in not in working order). I know that frequently during Troupe activities,
there is a line of children at the restroom door. And this is with only 20 -30 children
there in the building! Another problem is the electricity. I know that several times fuses
have blown if, for example, a vacuum cleaner is plugged in at the same time that the
lights are all turned on! Also there is the problem of the access to the mall itself. With
a video arcade and several establishment serving alcoholic beverages, it simply
doesn't seem to be an appropriate school environment.
Most of these problems could be taken care of with enough time and money. I
would ask that for the sake of the children of the Brazos Valley, you look carefully at
this proposal before any permits are issued. I hope that some of you have the
opportunity to examine the facility for yourself.
Finally, there is another problem that concerns me. In both a newspaper notice
and an add, the school intimated that they were connected with the College Station
School District. In fact, I also saw a copy of a staff report which 1 believe came from the
College Station Development Office, which listed, as the applicant for this facility,
Cheatam and Associates for CSISD. I have spoken with several people in the CSISD
Administration and they stated emphatically that they have no connection with this
school at all. As an employee of CSISD and one who takes great pride in that
association, l resent anyone using the reputation of our school district for their own
purposes.
Thank you for allowing me to take up your time. If you would like to question me
or if I can be of any assistance in this matter, please contact me. And N I am in town, I
will be at the meeting Thursday night.
Sincerely,
In Fech
helm
8722 Bent Tree Drive
College Station, TX 77845
693-0785
.4r- 'A QQ -I (Z
AGENDA ITEM NO. 3: Public hearing and consideration of a Conditional Use Permit, use only,
for a temporary experimental public school to be located in Post Oak Mall across from Oshman's
near the eastern mall entrance. (99-712)
City Planner Kee presented the staff report and stated that this request is not associated with College
Station Independent School. The request is for a temporary use of a lease space in Post Oak Mall for
an experimental alternative teaching method that has been authorized by the State. The use has been
classified as a public school it may be located in any zoning district with a Conditional Use Permit. No
site work would be required or proposed with this project; therefore, no site plan will be required to be
submitted.
Ms. Kee explained that 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: (Staff comments are in italics)
1. "The proposed use meets all the minimum standards established in the ordinance for the type of
use proposed." This use meets all of the minimum ordinance requirements
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." This use is in line with the Land Use Plan.
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 public hearing is an opportunity for the Commission to measure the potential impact
on surrounding land uses
"The Commission may impose additional reasonable restrictions or conditions 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."
Staff recommended approval with any conditions, including a possible expiration date of the CUP, that
the Commission may find reasonable.
Commissioner Floyd expressed his concern with the letter sent to the Commission by Ms. Jan Fechhelm.
Chairman Rife asked staff if the distance had been measured between this site and the nearest facility
that served/sold alcoholic beverages. Ms. Kee said it had not been specifically measured but appeared
to exceed the 300 feet minimum.
There was concern expressed that the main entrance to the mall had a restaurant with alcohol, and this
should be considered in this case, since this entrance could be used by the students.
Chairman Rife opened the public hearing.
Dr. Robert Slater, 505 Francis, the applicant for the project, explained that this would be a temporary
location, and they would be signing an initial one year lease. An interest survey was sent out and
approximately 50 students were interested. The students would range from 6 years to 16 years old. He
felt this was a good site because of the space and the environment was clean, safe, centrally located (for
MZMtnutes July 1, 1999 Page 3 of 12
children in Bryan and College Station), and plenty of access to eating establishments. The site would be
opened late August or early September. This site was previously used by the Brazos Valley Troupe and
they did not have problems. The site has 3 restrooms and the mall had additional restrooms if needed.
The Commissioners were concerned with children in the mall alone (getting to the class, and mall
restroom access). Dr.Slater explained that the staff would consist of 1 teacher per 25 students, 2
assistant teachers, an undergraduate student, -and additional A&M students helping throughout the day.
The children would be escorted to the mall restrooms.
The Commissioner expressed concern for a parent drop-off/pick-up area. The only one around was also
used for the trash containers, and deliveries. They did not feel this would be safe for children to be
around while waiting for parents.
Dr. Slater said that a van would be used to pick up the younger students and other students without
transportation.
Chairman Rife closed the public hearing.
Commissioner Floyd moved to approve the Conditional Use Permit for purposes of discussion.
Commissioner Warren seconded the motion.
Commissioner Floyd felt that some of the concerns could be addressed by limiting the number of
students. He also felt that the dumpster area could be fenced to keep the children out.
Commissioner Warren said that she had strong concerns with the safety of the students having an
entrance to site at the dumpster area. She did not feel the vans would alleviate the traffic volumes
associated with this site.
Commissioner Parker was also concerned with the safety of the children. He felt it was unsafe to allow
young children to be alone in the mall, whether it be getting to the class, leaving the class, or going to
the mall restrooms (if the site's restrooms were unavailable). He said that he did not feel comfortable
with this location for a school site.
Chairman Rife agreed that traffic would be a problem. He felt safety was a major concern.
Chairman Rife called for the vote, and the motion to approve the request failed (0-6).
Commissioner Parker moved to deny the request. Commissioner Warren seconded the motion, which
passed unopposed (6-0).
AGENDA ITEM NO. 4: Public hearing and consideration of a Conditional Use Permit, use only,
for the expansion of an existing day care, "A Special Place", located at 1103 Anderson. (99-713)
Staff Planner Anderson presented the staff report and explained that the request was for the use of an
additional lease space in the Anderson Ridge Shopping Center to expand the existing child care facility.
The expansion would add an additional 2,160 square feet, in order to accommodate 3540 additional
children. Due to the increase in site area that was originally permitted, a revised Conditional Use Permit
is required. No site work is required or proposed with this project; therefore, no site plan will be
required to be submitted. She explained that in April, 1991, the Brazos Christian School was granted
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