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HomeMy WebLinkAbout00071487MINUTES Planning and Zoning Commission CITY OF COLLEGE STATION, TEXAS September 20, 2001 7:30 P.M. COMMISSIONERS PRESENT: Commissioners Floyd, Williams, Kaiser, Trapani, and Hawthorne. COMMISSIONERS ABSENT: Happ and McMath. COUNCIL MEMBERS PRESENT: Maloney. STAFF PRESENT: Assistant City Manager Brown, Staff Planners Jimmerson, and Hitchcock, Assistant City Engineer Mayo, Graduate Engineer Thompson, Assistant City Attorney Nemcik, Director of Development Services Callaway, Neighborhood Services Senior Planner Battle, Senior Planner Kuenzel, Development Review Manager Ruiz, Assistant Development Review Manager George, Transportation Planner Fogle, and Staff Assistant Hazlett. Chairman Floyd called the meeting to order. AGENDA ITEM NO. is Hear visitors Ray Hanson, 73o North Rosemary, Bryan, encouraged the Commission to consider architectural style and control in building structures and signs, including an ordinance that will protect trademarks, when considering future development. AGENDA ITEM NO. 2: Public Comment for the Record Ray Hanson, 73o North Rosemary, Bryan, stated that he is requesting a change in the Sign Ordinance in the C-N zoning district, to reduce the square footage that is currently allowed and to increase the size for near street signage. He made recommendations. AGENDA ITEM NO. 3: Consent Agenda The following items were approved by common consent. P&Z Minutes September 20, 2001 Page I of 5 3.1 Approved the Final Plat for Castlegate, Section 1, Phase 2, located at 2250 Greens Prairie Road, consisting of 74 lots on 26.o1 acres. (01-34)• 3.2 Moved to the regular agenda the Consideration of a Final Plat for Ashford Square, Lot 3, Block A, located at 230 Southwest Parkway East, consisting of three C-1, General Commercial lots on.61 acres. (o1-189). 3.3 Moved to the regular agenda the Consideration of a Final Plat for Ashford Square, Lot 8, Block D, located at 240 Southwest Parkway East, consisting of five C-1 lots on .93 acres. (o1-190) 3.4 Approved the Preliminary Plat for Pebble Creek, Phase 9-A, located east of Pebble Creek, Phase 8, consisting of 46 R-1, Single Family Residential lots on 19.62 acres. (01-192) REGULAR AGENDA AGENDA ITEM NO. 4: Consider request(s) for absence from meetings. None. AGENDA ITEM NO. 5: Consideration, discussion, and possible action on items removed from the Consent Agenda by Commission action. 3.2 Consideration of a Final Plat for Ashford Square, Lot 3, Block A, located at 230 Southwest Parkway East, consisting of three C-1, General Commercial lots on .61 acres. (01-189). Graduate Engineer Thompson explained that the applicant realized that common area and public utility easements are needed. These will appear on the final plat for signature. Commissioner Trapani motioned to approve the final plat with these necessary changes. Commissioner Williams seconded the motion. The motion passed unanimously, 5-0. 3.3 Consideration of a Final Plat for Ashford Square, Lot 8, Block D, located at 240 Southwest Parkway East, consisting of five C-1 lots on .93 acres. (ol-19o) Graduate Engineer Thompson explained that the applicant realized that common area and public utility easements are needed. These will appear on the final plat for signature. Commissioner Trapani motioned to approve the Final Plat. Commissioner Hawthorne seconded the motion. The motion passed unanimously, 5-0. AGENDA ITEM NO. 6: Public hearing, discussion, and possible action on a Conditional Use Permit for the Seventh Day Adventist Church located at 135o Earl Rudder Freeway South. (o1-18o) P&Z Minutes September 20, 2001 Page 2 of 5 This item was removed from the agenda by the applicant. AGENDA ITEM NO. Z. Public hearing, discussion, and possible action on a Conditional Use Permit for a sign only for Covenant Family Church located at 401o Harvey Road. (01- 196) Staff Planner Hitchcock presented the staff report. She stated that the applicant is proposing to construct a new freestanding sign to replace the old sign that was torn down during the construction of the church's parking lot. The applicant did not realize that removing the old sign would eliminate the legally non-conforming status, or grandfathering the sign may have had. Staff is recommending approval of the request. The subject property is currently zoned A-O Agricultural Open, which does not allow freestanding signs. However, Ms. Hitchcock explained that properties that are granted a Conditional Use Permit must comply with the sign regulations of the underlying zoning district, unless an alternate standard is approved through the C.U.P. process. Therefore, the applicant is requesting permission to have a freestanding sign meeting the City's freestanding sign requirements. Chairman Floyd opened the public hearing. David Ritter, 4501 Andert Road, Bryan, reiterated the removal of the non-confirming sign and the request to construct a new freestanding sign. Chairman Floyd closed the public hearing. Commissioner Kaiser motioned to approve the Conditional Use Permit. Commissioner Hawthorne seconded the motion. The motion carried 5-0. AGENDA ITEM NO. 8: Public hearing, discussion, and possible action on a Conditional Use Permit for Cody's, a nightclub, located at 2501 Texas Avenue South, Suite D-1o1. (01- 183) Staff Planner Hitchcock presented the Staff Report. Ms. Hitchcock stated that Staff recommends approval of the Conditional Use Permit. She explained that the subject property is located in the Park Place Plaza shopping center and that the Land Use Plan designates this area as Retail Regional. The property is currently zoned C-1 General Commercial and is surrounded by C-1 except to the southeast where there is an R-7 Manufactured Home Park. Ms. Hitchcock pointed out that the Commission granted a Conditional Use Permit for a nightclub at this location in June, 2000. The applicant is now requesting a permit to expand the nightclub into a neighboring lease space that has become available. She added that there was a limitation of no live music placed on the existing club last year. Ms. Hitchcock reported that Cody's currently has dancing and pool tables and that the expansion will include more pool tables. In closing, Ms. Hitchcock stated that the zoning ordinance allows up to 25% of a shopping center to be used for restaurants, theaters, and nightclubs without having to create additional parking. No additional parking is required for this expansion. Chairman Floyd opened the public hearing. Allen Swoboda, owner of Oak Forest Mobile Home Park, stated that there have been noise problems with a club in this location for a number of years. P&Z Minutes September 20, 2001 Page 3 of 5 Ava Williams, manager, Oak Forest Mobile Home Park, pointed out the closeness of several of the homes in the mobile home park to the nightclub's site. The noise disturbances must be rectified. She provided the Commission with incident reports from public records of the police department and asked the Commission to take these things into consideration when taking action on this request. Seth McGuiness, resident, Oak Forest Mobile Home Park, stated that since Cody's opening, the noise level is very loud and disturbing, Thursday through Saturday from opening time to the early morning hours. He expressed concern over the noise level becoming even worse with the expansion that is planned. Mike Skipper, owner, Cody's, suggested the item be tabled. He also stated that police records will only show that one citation for noise violation was issued. Since then, the sound proofing of the back doors was done. He also stated that a police report if requested by staff, will show that a noise problem does not exist. There are no plans to add more sound equipment so the sound decibal levels will remain the same. Additionally, the expansion should allow the room to compress and absorb the sound. Commissioner Kaiser asked Mr. Skipper if he had received any complaint calls from the neighbors. He stated that he did and has worked with Ms. Williams and others to correct the problem. He stated that the police department entered one of the homes to listen to the impact of the noise and reported to him that they did not believe the problem existed any longer since the sound proofing of the back doors was taken care of. Greg Swoboda, 8605 Topaz, stated that the manager of the Mobile Home Park has a police report for several months. The violations listed on this report were not dismissed in court and are numerous. Commissioner Trapani asked to see the police reports Mr. Swoboda referred to. Chairman Floyd closed the public hearing. Commissioner Kaiser motioned to table the item. He also asked for further staff report and elaboration on these complaints. Commissioner Trapani seconded the motion. The motion to table carried 4-1, with Commissioner Hawthorne voting in opposition. AGENDA ITEM NO. A: Public hearing, discussion, and possible action on the Eastgate Neighborhood Plan. Senior Planner Battle presented the Eastgate Neighborhood Plan. For the benefit of the newest Commissioners, Mr. Battle explained the background of the program and the process they have been through in creating the plan. Since the Commissioners were provided a copy of the plan earlier in the month, Mr. Battle highlighted only some of the recommendations of the plan. In conclusion, Mr. Battle explained that the planning effort was designed to involve citizens and identify issues that needed resolutions. The Eastgate Neighborhood Plan is the result of this effort. The residents see these recommendations as reasonable and necessary to address other issues and in protecting their neighborhood and the quality of life they enjoy. We request the Commissions' recommendation of approval and adoption of this plan. Chairman Floyd opened the public hearing. P&Z Minutes September 20, 2001 Page 4 of 5 The following spoke in favor of adopting this plan: Bob Droleskey, iiog Ashburn Avenue Dennis Berthold, 1204 Marsteller Sharon Colson, 1116 Neal Picket Chairman Floyd closed the public hearing. Commissioner Kaiser motioned to (a) recognize and commend the staff in their efforts in preparing this document and working with the citizens in the community, (b) endorse the process that was used in the preparation of this plan, (c) to adopt the report and recommend the adoption by City Council. Commissioner Trapani seconded the motion. The motion carried 5-0, unanimously. AGENDA ITEM NO. 10: Discussion and possible direction for staff regarding an Ordinance Amendment Request for zoning district C-N, Neighborhood Business. Staff Planner Hitchcock clarified that gas stations, regardless of what district they are in, are allowed 16 square feet for fuel price signs and that it is the intrusion of the freestanding signs that are in question. She explained that the entire sign ordinance is under consideration with the drafting of the Unified Development Ordinance. Ms. Hitchcock asked the Commission to take this request into consideration with the sign ordinance as a whole and not begin to make interim changes. She stated that Staff is requesting direction with regard to size and height and will return to the Commission with a draft ordinance that could then be considered and forwarded to City Council for final approval. Chairman Floyd asked about the possible variance discussed earlier. Ms. Hitchcock explained that a new development wants a freestanding sign and their options would include either a rezoning request or a variance granted by the Zoning Board of Adjustments. Commissioner Hawthorne asked for further clarification. Ms. Hitchcock explained that a chart in the ordinance contains size information. She added that the width and height of a sign depends how much frontage the property owner has and how far back from the road they would be willing to place it. Senior Planner Kuenzel interjected that the Commission and the City Council is interested in limiting the attached signage through the Unified Development Ordinance. Commissioner Kaiser motioned to place this item on a future workshop to discuss further the options on signage. Commissioner Hawthorne seconded the motion. The motion carried 5-0. AGENDA ITEM NO. 11: Discussion of Agenda Items. None. AGENDA ITEM NO. 12: Adjourn. Commissioner Kaiser motioned to adjourn the meeting. Commissioner Hawthorne seconded the motion. The motion carried 5-0. The meeting adjourned at 9:30 p.m. P&Z Minutes September 20, 2001 Page 5 of 5 APPROVED: Chairman, Rick Floyd ATTEST: Staff Assistant, Susan Hazlett P&Z Minutes September 20, 2001 Page 6 of 5