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HomeMy WebLinkAbout00070944MINUTES Planning and Zoning Commission CITY OF COLLEGE STATION, TEXAS April 19, 2001 7:00 P.M. COMMISSIONERS PRESENT: Commissioners Mooney, Happ, Harris, Williams, Horlen, Warren, and Floyd. COMMISSIONERS ABSENT: None. COUNCIL MEMBERS PRESENT: Council Member Maloney. STAFF PRESENT: Senior Planner Kuenzel, Graduate Engineer Thompson, Assistant Neighborhood Planner Flanery, Staff Planners Jimmerson and Reeves, Senior Neighborhood Planner Battle, City Planner Kee, Assistant City Engineer Mayo, Assistant City Attorney Nemcik, Assistant City Manager Brown, Neighborhood Planner Hill, Water/Wastewater Director Schepers and Coordinator Nations, and Staff Assistant Hazlett. Chairman Mooney called the meeting to order at 7:00 p.m. AGENDA ITEM NO. 1: None. AGENDA ITEM NO. 2: None. Hear Visitors. Public Comment for the Record. AGENDA ITEM NO. 3: Consent Agenda. The following items were approved by common consent. 3.1 Approved a Final Plat for Gateway Phase 2 located at 1401 University Drive East. (0147) 3.2 Approved a Final Plat- Replat of three R -1 Single Family Residential lots on 1.47 acres for the Kapchinski Subdivision located at 1623 Park Place. (01 -79) P &ZMinutes April 19, 2001 Page 1 of 12 The location will be directly across from Chelsea Street Pub & Grill. Chelsea Street Pub & Grill does occasionally have live music. The applicant for Cactus Canyon has stated that the music will be strictly by D.J., and there will be four pool tables. They will be adding additional security for the parking lot. Recent development activity in the vicinity includes the nightclub CUP that was approved by the Planning & Zoning Commission for Rooster's Icehouse in July of last year. Commissioner Floyd asked why a Conditional Use Permit is necessary for this location. Ms. Reeves stated it was necessary because Cactus Canyon is considered a night club. Chairman Mooney asked how patrons would access the club. Ms. Reeves explained that the primary entrance would be from the outside of the mall, similar to that of Chelsea Street, and that there would not be an entrance from inside the mall. Commissioner Floyd asked the definition of a night club. Assistant City Attorney Nemcik read: "A commercial establishment, including but not limited to, bars, coffee houses, or similar establishments where a dance floor, music, games, or other entertainment is provided, and where the serving of food is not the principal business. Specifically included in the classification are establishments that derive 75% or more of their gross revenue from the on- premise sale of alcoholic beverages. Commissioners Warren and Happ expressed concern regarding the noise from the club disturbing the other mall tenants. Staff Planner Jimmerson stated that this is handled by way of mall management, which would have recourse through the city's noise ordinance. In this instance, the city would look at the boundary of the lease space instead of the boundary of the property. Jack Dillard, 2802 Briar Grove, representing the applicant, explained that there is a buffer corridor that runs on one side of the facility that will provide a noise buffer. Additionally, because there will not be an entrance located on the inside of the mall, sound will not be able to travel into the mall and neighboring stores. He said there have been no complaints placed with the mall management regarding the prospect of the club being located in the mall. Mr. Dillard said a minor modification to the application is requested in order to have occasional live music and the opportunity to open earlier on occasion. He indicated that security would be on site in various locations, both inside the club, at the door, and in the parking lot, with additional security as needed. There will also be undercover employees in the club during operation hours. Additionally, transportation is provided for patrons that are considered unable to safely driving home. Commissioner Warren asked how the additional litter would be handled. Mr. Dillard stated that the security and other personnel in the parking lot would be involved in handling the litter. Commissioner Floyd stated that the opening hours is a business risk issue. Chairman Mooney opened the public hearing. J. J. Rufino, 6000 FM 1179, spoke in favor of the night club and the applicant, Keith Lawyer. The manager of Post Oak Mall reported that the background history of prospective tenants are verified, and while doing so for Mr. Lawyer, he reported having received the highest marks of integrity from those he contacted. Post Oak Mall feels that this club and Mr. Lawyer would be an asset to the property. P&Z Minutes April 19, 2001 Page 9 of 12 Commissioner Harris asked if he, as the mall manager, had a problem with the two minor deviations that are being requested. He stated that as a representative of the mall management, there is no problem with those two modifications. John Hensarling, 300 Burnberg, spoke in favor of the club and Mr. Lawyer. Nathan Peacock, 1504 Tarrow, spoke in favor of the club and Mr. Lawyer. Chairman Mooney closed the public hearing. Commissioner Harris motioned for approval to include the two modifications as requested. Commissioner Happ seconded the motion. Commissioner Horlen suggested revising the motion to exclude the modifications and allow the night club to operate as desired with the approval of mall management and within the boundaries of the law. Commissioner Harris motioned to approve as suggested by Commissioner Horlen. Commissioner Happ seconded the motion. The motion passed 6 -0 and 1 abstention by Commissioner Warren. AGENDA ITEM NO. 9: Public hearing, discussion, and possible action on an Amendment to Ordinance #1638, the Zoning Ordinance of the City of College Station, Section 8, Supplementary District Regulations establishing buffer standards for development adjacent to single primarily residential property. (01 -92) City Planner Kee presented the Staff Report. In March, the City Council held a workshop discussion related to the ongoing Unified Development Code project. At that time, Staff was asked to prepare revisions to the current buffering and screening requirements of the Zoning Ordinance. Ms. Kee explained that the current buffering provision requirements are limited, providing for a six - foot screen fence when multi - family development shares a common boundary with single - family residential property, and when commercial or industrial development shares a common boundary with any residentially developed property. This proposed amendment provides a buffer yard area. The buffer yard width requirements are based on the land use adjacencies. Specific landscape requirements are established for the buffer area. These are in addition to the current site landscaping requirements. Screening walls of brick or masonry construction are required in some instances as opposed to the current provisions that allows for any material that is solid. A height limit is established for all structures within certain distances of a residential property line or structure. Ms. Kee provided a buffer matrix as well as some graphic illustrations to further explain. She pointed out landscaping requirements as being a 5 gallon shrub per every three linear feet, 2" caliper tree per 25 linear feet, and grass or groundcover for the remainder area. She included some cost information for this on the current market. She continued by explaining that there are two additional standards included in this ordinance, Parking Area Screening and Height Limits. The Parking Area Screening refers to lots with five or more spaces. Currently, the Parking Area Screening requires.: an 8 foot solid, decorative concrete, wood or masonry wall when off - street parking areas of five spaces serve non - residential uses and do not share a common boundary but is visible from a residential area. Ms. Kee stated that this standard should be amended to read as follows: When off-street parking areas containing five or more spaces serving non - residential uses do not share a common boundary but are visible from residential uses, the parking area shall be screened. Screening may be accomplished using plantings, berms, P &ZMinutes April 19, 2001 Page 10 of 12