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05/07/01 15:15 %T979 764 3496 DEVELOPMENT SVCS 19001
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DY&#- MINUTES
Planning and Zoning Commission
CITY OF COLLEGE STATION, TEXAS
December 7, 2000
7:00 P.M.
COMMISSIONERS PRESENT: Commissioners Mooney, Floyd, Harris, Warren, Horlen, and Williams.
COMMISSIONERS ABSENT: Commissioner Happ.
COUNCIL MEMBERS PRESENT: None.
STAFF PRESENT: Assistant City Manager Brown, Economic Development Director Kim
Faust, Staff Planners Jimmerson, Laauwe, Hitchcock, and Reeves,
Assistant City Engineer Mayo, Graduate Engineer Thompson and
Vennochi, Transportation Planner Hard, Assistant City Attorney Nemcik,
Director of Development Services Callaway, Neighborhood Senior Planner
Battle and Planner Intern Flannery, City Planner Kee, Senior Planner
Kuenzel, Development Review Manager Ruiz, and Staff Assistant Hazlett.
AGENDA ITEM NO. 4: Public hearing, discussion, and possible action on a request to rezone
approximately 1.7 acres located at 4004 Harvey Road; approximately 300' west of the intersection of
Harvey Road and Pamela Lane; from A-O Agricultural Open to PDD-B Planned Development
District-Business. (00-217)
Staff Planner Jimmerson presented the staff report. Ms. Jimmerson opened by stating that Staff
recommends approval with conditions that will be stated later in her presentation. The Commission and
Council considered a C-B request for the subject property at the end of last year. At that time, the adjacent
properties to the east and west were included to avoid having the request appear to be a potential "spot
zone", where one lot is singled out for preferential treatment that would not further a land use plan. The fact
that the City's plan for the area still reflected it as a "holding" zone was an issue at the time, and Council
remanded the case to the Commission with direction to Staff to begin a study of the area. Since that time,
the 30/60 study has been drafted and presented to the Commission. The study indicates that limited
commercial is justified in this block and also recommends that any commercial in this area be presented to
the Commission in the form of a PDD request. Ms. Jimmerson reports that the applicant chose to have the
case presented again to the Commission and City Council with a second C-B request for the property.
Both the Commission and City Council chose to use the draft of the 30/60 Study as a guide in reviewing
the proposal, and denied the request without prejudice in order to allow the applicant to return once again to
the Commission and Council with a PDD request. City Council also directed Staff to expedite the process
of the PDD and to present it at the next City Council meeting following tonight's meeting.
At the public hearings for the two previous zoning requests for this property several concerns were raised.
Among the concerns were drainage, lighting, noise, adequate parking and odors, but most strongly objected
to was the possibility in the future of uses other than a restaurant on this site. The applicant has attempted
to address some of these concerns, but there has not been a complete resolution among the applicant and
the neighbors. The Commission and City Council will determine if the applicant's proposal is adequate in
addressing these concerns.
The applicant is proposing to build a restaurant on the subject property. The building height will be a
maximum of 35 feet and the setbacks will be no less than those set forth by the CB ordinance. He is also
proposing a natural vegetation buffer of 40' to be maintained in its present condition on the south side of the
property between the building and the residential neighborhood to the south. The parking ratio is requested
at 1 to 100 and will be as set forth on the Concept Plan which also indicates an area for possible future
P&Z Minutes December 7, 2000 Page 1 of 4
development of parking spaces. The owner would also be entitled to construct parking in the buffer area,
but only if and at such time as Highway 30 is widened, which widening deletes parking on the north side of
the property. Any parking space constructed in the future will meet City of College Station requirements.
Access shall be from State Highway 30 with two planned entrances. The sound level shall be maintained at
such level as not to exceed the City of College Station ordinances pertaining to noise/sound. A separate
volume control will be installed for control of exterior speakers. Lighting in the parking lots and on the
sides of the proposed building will be constructed and situated in a manner so that it is not directed toward
the residential neighborhood to the south. Exterior lighting in the rear will be limited to residential type
security lighting and landscape lighting.
Staff is recommending approval of this PDD with the following conditions.
(1.) That the partially paved parking spaces, 47-55, be surfaced to match the existing spaces and have
wheel stops placed at the edge of the pavement.
(2.) That if in the event that the parking along HWY30 is removed with the widening of the road, that
the applicant be allowed to replace that parking elsewhere on the site, but not within the 40 ft.
buffer.
(3.) Staff did not receive the revised concept plan in time to review the proposed landscaping and
therefore recommend that the site, excluding the 40-foot buffer area, be required to meet our
standard landscaping and streetscaping requirements. It is intended that the buffer would remain in
a natural state, and that area should not count against the applicant in the calculations for
landscaping and streetscaping.
Commissioner Horlen, pointed out that the parking ratio is based on a restaurant with a drive-through, and
asked why this was calculated as such. Ms. Jimmerson explained that the applicant is required to meet a 1
to 65 parking requirement. She stated that the applicant is demonstrating that they are meeting a
requirement that is shown in the ordinance and may sometime in the future have a drive-through.
Commissioner Horlen clarified that in a PDD the Commission could approve whatever they choose
regardless of whether or not it meets the ordinance.
Chairman Mooney asked if at the time of widening Highway 30, would the applicant be required to meet
the 1 to 100 parking requirement. Ms. Jimmerson stated that generally the practice has been that a non-
conforming condition would exist after Highway 30 came in and took the parking and thus not requiring
the applicant to replace that parking. However, the applicant is asking to be able to do that without having
to return to the Commission to amend their PDD request. Chairman Mooney stated that if a greater
requirement were required now, at the time of the site development, then when Highway 30 came in with
widening, then the applicant would be closer to compliance than they would be at a later date.
Commissioner Horlen asked if the parking requirement could be a part of the PDD and state that the
parking requirements be adjusted if Highway 30 is widened, requiring the applicant to add sufficient
parking spaces in order to make up for those that are lost in the Highway 30 widening. Ms. Jimmerson
indicated that that the parking requirement could be a part of the PDD.
Commissioner Floyd asked how many additional spaces are being referred to, 1 4v'.65 or 1 0:100. Ms.
Jimmerson stated approximately 30.
Chairman Mooney opened the public hearing.
Jack Dillard, the applicant's attorney, explained that the principal issue that was addressed at the previous
City Council Meeting and residents in the area involves what this property would or could become in the
future in the event that the current owner's decide to sell. Mr. Dillard reiterated the specifics of the
P&Z Minutes December 7, 2000 Page 2 of 4
proposal of the owner already explained by Staff Planner Jimmerson. He explained that the owner has
addressed all of the issues of concern that have been indicated by the residents in the area. In addition, Mr.
Dillard explained that the exterior sound speakers will be directed back toward the building rather than the
neighborhood and that the applicant intends to follow all city ordinances as required.
Commissioner Warren asked Mr. Dillard to explain the potential expansion for parking and if there is a
plan to utilize the 40' buffer for adding parking spaces to the restaurant in the event that the widening of
Highway 30 deletes some of the parking spaces already in place. Mr. Dillard stated that the area above the
buffer zone will be used for future parking development. The buffer would be used only in the event that
the widening of Highway 30 took all of the parking spaces across the front of the property. Under the
current plan, there is no new plan for parking construction. The planned parking area is the same area that
was used by the previous property owner. Commissioner Warren explained that once the PDD is approved,
it is approved so that the buffer is not actually protected. She stated that the Commission should look
carefully at how to manage the space.
Chairman Mooney, while referring to the site plan, said that the buffer area would not have to be
encroached upon and that most of the parking would be recaptured as well as gaining some parking spaces
on the right side, if parking were extended down the area alongside the building, and then down the side to
the buffer area.
Commissioner Harris asked if there was a timeline for building the future parking area. Mr. Dillard stated
that the construction on the building would not begin for approximately one year and that there are no plans
to begin the construction for the additional parking spaces at that time. That construction is based upon
need.
Paul Williams, 2601 Sandalwood, encouraged the Commission to allow the property owners to develop
their restaurant on the subject property. He sited them as being good business owners and property owners
who should be allowed to build on their property as long as they are in keeping with the City's ordinances.
Commissioner Floyd asked how many parking spaces are at their other restaurant location on Welborn
Road. Mr. Dillard stated between 60-65, while this plan has 59.
John Vilas, 15 Ranchero Drive, stated that block 4 of the Harvey Hillside Subdivision is considered a
mixed-use business area. He indicated that low traffic, weekday, daytime activities is acceptable with
businesses such as administrative offices, upscale storage facilities, and businesses whose primary activities
are away from the premises. He sited continued concerns with the construction of Koppe Bridge Bar and
Grill on the site. Among those concerns, he pointed out the need for a resolution to the lighting concerns
and how it is to be measured. He also sited garbage and the refuse area, the buffer area that should be
locked in and not open for future expansion, traffic, noise and the hours of operation. He stated that all
eating and drinking should be contained within the walls of the structure and not on the patios or screened-
in porches. The outdoor speakers and order pick-up announcements above the level of the music is of
concern. A true family restaurant would not be imposed upon by reasonable hours of operation and rules
for containment. The rules should ensure that any future occupants of the building are fully aware of the
expectations and requirements. This property is now zoned as Agricultural Open. The applicant's request
for a PDD has the potential of encroaching upon present landowners that have heavily invested in their
property with the concurrent expectation to peacefully enjoy it. It is incumbent upon the applicant to
conform to reasonable standards if he wants these changes granted. The applicant has indicated in 1 to 2
years. Accordingly, it appears that sufficient time exists that whatever is built at this location is well
thought out and concludes with the best result for everyone concerned.
P&Z Minutes December 7, 2000 Page 3 of 4
Kathy Eugster, 12 Vista Lane, stated that her main concern was the noise. She also indicated a concern
regarding the materials that will be used to construct the building. She reiterated the lighting concerns
voiced earlier and the exhaust from the added traffic.
Mark Dudley, 8 Laura Lane, supports the restaurant but expressed concern over the noise level being
allowed at 65 decibels, which is incredibly loud for a residential neighborhood. He pointed out the noise
level of an Aggie Football game being at 105 decibels.
Lynn Mills, 14 Linda Lane reiterated the noise level concern and the fact that the buffer zone is not locked
in to eliminate the possibility of it become paved, torn down, or removed in any way.
Chairman Mooney closed the public hearing.
~ SLa-~ crr.Dl~r"S
Commissioner Harris motioned for approval to include the following conditions:
1.) That the partially paved parking spaces, 47-55, be surfaced to match the existing spaces and have
wheel stops placed at the edge of the pavement.
(2.) That if in the event that the parking along HWY30 is removed with the widening of the road, that
the applicant be allowed to replace that parking elsewhere on the site, but not within the 40 ft.
buffer.
3.) That the proposed landscaping, meet the City's standard landscaping and streetscaping
requirements.
Mr. Dillard stated that the only concern was the widening of Highway 30 and the possibility of loosing
ample parking spaces, condition number 2.
Chairman Mooney asked how the noise level concerns would be addressed. Mr. Dillard stated that the
measurement of sound has 3 standards in the city ordinance. The neighbors to the south would have the
right to make official complaints regarding the sound level using subsections 1 and 2 of the city code. With
respect to subsection number 3 and its specifics, Mr. Dillard explained that it is specific and is designed to
allow a measurement to be made. Staff informed us that the City Council typically does not want to set a
standard that would have to be measured by law enforcement officers that is different for one piece of
property versus another. He stated that the neighbors living near the current Koppe Bridge location on
Welborn Road has never had a problem with the sound level from that location.
Commissioner Warren stated that there were other restaurants in town with porch-like environments that
manage to contain the sound level. She asked how complaints were going to be handled regarding the
sound level at this new location. Mr. Dillard said included in the PDD is a requirement for any outside
speakers to have a separate exterior control. He also stated that the speakers would be directed back toward
the building rather than toward the subdivision to the south.
Commissioner Williams asked Mr. Dillard if some type of acoustical treatment has been considered in the
patio area as part of the design. Mr. Dillard stated that they have not. The plan is to have the separate
exterior control.
Commissioner Harris restated his motion for approval to include the staff recommendations.
Commissioner Horlen confirmed his second to the motion. Chairman Mooney asked if there were any
other questions. Commissionconoved the question. Commissioner Warren asked for the opportunity to
ask another questions. Commissioner Floyd stated there was a point of order. Chairman Mooney stated
that the question has been moved. Chairman Mooney called the question. The motion was approved 5-1
with Commissioner Warren voting in opposition.
P&Z Minutes December 7, 2000 Page 4 of 4