HomeMy WebLinkAboutStaff ReportsAGENDA ITEM NO. 4: Public hearing and consideration of a Conditional Use Permit, use only,
for a religious facility, Brazos Community Church, to be located at 700 University Drive East
Suite 110.A. (99-727)
Staff Planner Anderson presented the staff report and stated that churches may be permitted as
conditional uses in any district upon approval from the Planning & Zoning Commission. The proposed
church is requesting permission to be located in a 4750 square foot lease space in the University
Village Shopping Center. The Church has approximately 70 members and lists hours of operation as
Sundays from 9:00 a.m. - 1:00 p.m. and after 7:00 p.m. on various evenings during the week. She
explained that the shopping center houses several different types of tenants, such as restaurants, plasma
donation center, bookstore, nail salon, a nightclub, and office tenants. The proposed religious facility
is to be located within 300 feet of The Legacy nightclub. Since the nightclub is already existing and
the Church is choosing to move within the 300-foot alcohol sales boundary, the nightclub may
continue to serve alcohol and to gain liquor permits. However, new alcohol establishments would be
prohibited under our ordinance because of the church location and thus, they could not apply for a
liquor permit for this same shopping center. If the existing liquor establishment is abandoned or if the
use is still there but alcohol sales are extinguished, then the existing establishment may not be
repermitted. According to our legal staff, the Planning & Zoning Commission does not have authority
to deny a conditional use permit based solely upon potential future uses of any kind including the
possibility of a future liquor establishment within 300 feet of the proposed use. She explained that the
church would have approximately 70 members, which requires 23 parking spaces. The applicant
contends the church operation hours would differ than the existing tenants and thus, plenty of parking
will be available. Ms. Anderson said that she received three phone calls in concern of the request, two
of which were concerned with the parking situation if the congregation were to increase, and one call
concerned with the nightclub in the same shopping center. Staff recommended approval of the request.
Chairman Rife opened the public hearing.
Mr. Roy Brantly, 2503 Antitem, explained that he was a member of the church and was present to
represent the church. He explained that the church had no problems locating near a nightclub because
they felt the church would be a positive influence to the center and to the community. He explained
that the lease was for one year. The intention would be to look into purchasing property to build a
more permanent locations in the next few years. He explained that there were 100 chairs in the church.
He also pointed out that there was additional parking in the back of the building.
Chairman Rife closed the public hearing.
Commissioner Mooney moved to approve the request. Commissioner Floyd seconded the motion.
Commissioner Kaiser asked Staff if time limitations could be placed on this item. Ms. Anderson said
that the zoning ordinance does allow established time limits on conditional use permits.
Chairman Rife felt that a time limitation would not be necessary because Mr. Brantly said that the
church intended to purchase and build on a more permanent location. Commissioner Mooney agreed.
Commissioner Floyd agreed with Commissioner Kaiser and felt that the time limit would be beneficial
in this case.
P&Z Minutes January 6, 2000 Page 3 of 13
Chairman Rife called for the vote, and the motion to approve failed 2 - 3; Chairman Rife and
Commissioner Mooney voted in favor of the motion; Commissioners Floyd, Horlen, and Kaiser voted
in opposition of the motion.
Commissioner Kaiser moved to approve the request with a one-year time limitation, expiring one year
from the date of approval.
Chairman Rife asked for clarification from the applicant as to when they were scheduled to move into
the facility.
Mr. Roy Brantly received permission to approach the Commission to clarify the length of the lease,
which he said was actually signed for a 3-year time limit, as confirmed by Mr. John Clarke (property
manager). He said that there are chances that the church would be moved from the location within one
to two years, or they have an option to move within the center to another location. He asked that the
time limitation, if desired, to run concurrently with the existing lease of three years.
The Commissioners asked Assistant City Attorney Nemcik to address the issue of the church moving
lease spaces within the same center, and if the Church would have to return for another conditional use
permit. Ms. Nemcik said that a new conditional use permit would be required if the church changes
lease spaces, even within the same shopping center.
The motion to approve the request with the one-year time limitation (as stated by Commissioner
Kaiser) died due to the lack of a second.
Commissioner Horlen moved to approve the conditional use permit with the condition of a time limit
to run concurrently with the existing lease and ending when the lease is terminated, not to exceed 3
years. Commissioner Floyd seconded the motion, which passed unopposed 5 -0.
AGENDA ITEM NO. 5: Public hearing and consideration of a Conditional Use Permit, use and
site plan, for College Hills Missionary Baptist Church located at 712 Churchill Street north of
Lincoln Avenue and east of Tarrow Street, to pave and expand an existing gravel parking area.
(99-731)
Staff Planner Jimmerson presented the staff report and stated that the applicant was requesting
permission to pave the existing gravel parking on site and to expand the parking area. The site is zoned
R-1 Single Family Residential and shown as high density single family residential on the Land Use
Plan, but churches may be permitted as conditional uses in any zoning district. The original structure
and the existing use predate the current Zoning Ordinance; therefore there is not an existing
Conditional Use Permit. The current site with the gravel parking area and the use are grandfathered.
Because the entire parking structure is being paved this change is considered significant and even if
there were an existing use permit, it would be required to come before the Commission for approval of
the new site plan. If this use permit is granted it will be legitimizing the church as well as the new site
plan. She explained that because the change to the site is considered significant, the driveway
ordinance gives us the authority to require that non-residential driveways be brought into full
compliance. The ordinance states that adjacent non-residential driveways on a local street should have
a separation distance of 150 feet. The driveways on this site are approximately 104 feet apart.
Variances to the driveway ordinance normally are required to go to the Project Review Committee.
However, in this particular instance both the PRC and the Commission have authority over this issue.
P&Z Minutes January 6, 2000 Page 4 of 13
STAFF REPORT
Item: Public Hearing and Reconsideration of a Conditional Use Permit, use only, for a
religious facility, Brazos Community Church, to be located at 700 University Drive East
Suite 110-A. (99-192/99-727)
Applicant: Paul Fowler for Brazos Community Church
Item Summary: Churches may be permitted as conditional uses in any district upon
approval from the Planning and Zoning Commission. The proposed church is requesting
permission to be located in a 4,750 square foot lease space in the University Village
Shopping Center. The Church has approximately 70 members and lists hours of
operation as Sundays from 9:00am -1:OOpm and after 7:00pm on various evenings
during the week.
Item Background: The University Village Shopping Center, located at 700 University
Drive East at the corner of Tarrow and University, has several different types of tenants.
Tenants include: Golden Corral, Little Caesars, Westgate Plasma Center, University
Bookstore, a nail salon, Legands nightclub, and some office tenants are also located in the
center.
The proposed religious facility is to be located within 300 feet of Legands nightclub.
Since the nightclub is already existing and the Church is choosing to move within the 300
foot alcohol sales boundary, the nightclub may continue to serve alcohol and to gain
liquor permits. However, new alcohol establishments would be prohibited under our
ordinance because of the church location and thus, they could not apply for a liquor
permit for this same shopping center. If the existing liquor establishment is abandoned or
if the use is still there but alcohol sales are extinguished, then the existing establishment
may not be repermitted. According to our legal staff, the Planning and Zoning
Commission does not have authority to deny a conditional use permit based solely upon
potential future uses of any kind including the possibility of a future liquor establishment
within 300 ft of the proposed use.
Budgetary & Financial Summary: N/A
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:
1. "The proposed use meets all the minimum standards established in the ordinance
for the type of use proposed." With approximately 70 members, 23 parking
spaces are required by the parking regulations. The applicant contends the
church operation hours will differ than the existing tenants and thus, plenty of
parking will be available.
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."
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 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...parking requirements."
Unless the public hearing brings to light any new information indicating potential
negative impacts, Staff recommends approval of the request.
Related Advisory Board Recommendations: N/A
Commission Action Options:
The Commission has final authority over the Conditional Use Permit. The options
regarding the Conditional Use Permit are approval as submitted, approval with conditions
relating to specific site characteristics or with time limitations, denial with specified
reasons for denial, or table or defer action to a specific date.
Supporting Materials:
1. Location Map
2. Application
3. Infrastructure and Facilities
INFRASTRUCTURE AND FACILITIES
Water:
Sewer:
Streets:
Drainage:
Flood Plain:
Oversize request:
Impact Fees:
NOTIFICATION:
Adequate for requested use.
Adequate for requested use.
Access is provided on University Drive a major arterial
street, and Tarrow Street, a major collector.
N/A
Not located in the flood plain.
See Budgetary and Financial Summary Section.
N/A
Legal Notice Publication(s): The Eagle; 12-20-99
Advertised Commission Hearing Dates(s): 01-06-00
Number of Notices Mailed to Property Owners Within 200': 14
Response Received: I have received one call, in which a concern about
parking was expressed, as of the date of this staff report.
INFRASTRUCTURE AND FACILITIES
Water:
Sewer:
Streets:
Drainage:
Flood Plain:
Oversize request:
Impact Fees:
NOTIFICATION:
Adequate for requested use.
Adequate for requested use.
Access is provided on University Drive a major arterial
street, and Tarrow Street, a major collector.
N/A
Not located in the flood plain.
See Budgetary and Financial Summary Section.
N/A
Legal Notice Publication(s): The Eagle; 01-21-00
Advertised Commission Hearing Dates(s): 02-03-00
Number of Notices Mailed to Property Owners Within 200': 30
Response Received: I have not received any additional calls pertaining to this
case.
REGULAR AGENDA
AGENDA ITEM NO. 2.3: Consideration of a Final Plat of approximately 50.78 acres, Pebble
Hills Phase 1 Subdivision, located on the north side of Greens Prairie Road approximately 1400
feet east of State Highway 6 (99-227)
Commissioner Floyd removed this item from the consent agenda. He was concerned with the
alignment of Pebble Hills Boulevard with the existing street in Pebble Creek, and the access points for
the CIC Agency. His concern with the safety of the alignments because of the hill.
Graduate Engineer Tondre explained that Staff has looked at the sight distance concerns and felt that
since it is downhill, the traffic on Greens Prairie Road can be seen exiting the subdivision.
Mr. Frank Thurmond, 3015 Glenn Eagles, explained that the road centers with the road that used to be
Greenleaf Hospital.
Commissioner Floyd moved to approve the final plat, with staff conditions as stated in the staff report.
Commissioner Horlen seconded the motion, which passed unopposed 4-0. (Chairman Rife was not
present at this time.)
Chairman Rife entered the meeting.
AGENDA ITEM NO. 3: Public hearing and consideration of a rezoning request for 3.378 acres
adjacent to the High Ridge Subdivision from R-1 Single Family to C-2 Commercial Industrial.
(99-131)
Senior Planner McCully presented the staff report and stated that the request would incorporate an
additional 3.378 acres of C-2 zoning to two tracts currently zoned C-2 on the east side of Highway 6
between Highways 60 and 30. The existing two tracts consist of the Varsity Ford car dealership and a
largely vacant 8.14 acre tract to the north. The entire 3.38-acre tract lies in the 100-year floodplain;
however, there is a reclamation project associated with this proposal. This current reclamation project
consists of filling the flood fringe, without disturbing the creek channel. The request is in compliance
with the Land Use Plan, which shows regional retail for the entire area between Highways 60, 30, and
6 and bound to the east by the Carters Creek floodway.
Commissioner Floyd asked why there would be one piece of land remaining R-1. Graduate Engineer
Tondre explained that this tract is in the floodway and cannot be filled or disturbed. It is located in the
center of the creek channel.
Chairman Rife opened the public hearing.
Mr. Greg Taggart, Municipal Development Group, stated that he was the project engineer and was
present to answer questions.
Chairman Rife closed the public hearing.
Commissioner Floyd moved to recommend approval of the rezoning request. Commissioner Horlen
seconded the motion, which passed 4-1; Commissioner Kaiser voted in opposition due to allowing
development to occur in or near floodways.
P&Z Minutes January 6, 2000 Page 2 of 13
Commissioner Floyd asked that paragraph one from page two of the minutes is struck. Commissioner
Floyd moved to approve the minutes with this change. Commissioner Parker seconded the motion,
which passed unopposed 5-0.
AGENDA ITEM NO. 3: Public hearing and consideration of a Conditional Use Permit, use only
for a religious facility, Brazos Community Church to be located at 700 University Drive East,
Suite 110-A. (99-727)
Staff Planner Anderson presented the staff report and explained that on January 6, 2000, the
Commission heard and approved a use only, Conditional Use Permit for the religious facility. The Use
Permit was approved on the condition of a time limit to run concurrently with the existing lease and
ending when the lease is terminated, not to exceed 3 years. Due to an error in the notification process,
the item was brought back to satisfy and ensure the public hearing requirements. The 200' notification
boundary was drawn out from only a portion of the University Village Shopping Center that did not
contain the located on the proposed facility. The corrected notification boundary included
approximately 20 additional residences that were not notified for the first meeting. Ms. Anderson
briefly went over the original staff report and asked if there were any questions.
Acting Chairman Horlen opened the public hearing. Seeing no one present to speak in favor of or in
opposition to the request, the public hearing was closed.
Commissioner Kaiser moved to approve the use permit, with the original condition of a time limit to run
concurrently with the existing lease and ending when the lease is terminated, not to exceed 3 years.
Commissioner Warren seconded the motion, which passed unopposed 5-0.
AGENDA ITEM NO. 4: Public hearing and consideration of a Conditional Use Permit, use only,
for First United Methodist Church to be located on 5 acres, approximately 400 feet south of Rock
Prairie Road and 130 feet east of the Highway 6 frontage Road. (00-1)
Staff Planner Jimmerson presented the staff report and explained that the property is currently zoned A-
O Agricultural Open and is surrounded by A-O on the east, west and south, and C-2 to the north. The
Land Use Plan shows this area as Medium Density Single Family Residential. This site plan will need to
return to the Commission for approval. The applicant is aware that the Commission may impose
additional site restrictions and requirements to mitigate possible negative impacts of the use. These
conditions maybe imposed either with the use only request or at the time of site plan approval. The tract
is currently unplatted and will require preliminary platting of the parent tract as well as final platting of
the subject tract. All infrastructure issues will have to be addressed through the platting process. Ms.
Jimmerson stated that unless the public hearing brings to light any new information indicating potential
negative impacts, Staff would recommend approval.
Commissioner Kaiser asked for more information regarding the private access easement. Ms.
Jimmerson said that during the platting process it is required that access to the property is addressed
(including the possibility of upgrading the current access to City standards). The existing access
easement is located off the frontage road along the northern boundary of the property (the entire length
of the property.
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