HomeMy WebLinkAbout00072595City Council Regular Meeting Page 5
Thursday, April 8, 1993
Council.
Irene Livingston of 301 Krenek Tap #43 stated that she lives directly across from the
Schulman Theater. The test was conducted from her home. She stated that she does
not drive and would not have access to Winn Dixie unless a gate was attached to the
fence.
LaMerle Benton of 301 Krenek Tap #82 informed the council that there are several
widow women who live in the park and her concern is the fact that there are young
men, residents of the park, who will walk back and forth to the nightclub.
Laverda Bradley of 201 Krenek Tap #1 came forward to- state her opposition to the
nightclub in this area.
Billy Howard, also a resident of the park, informed the Council that the reason he moved
to the Park is because it is clean. He opposed the nightclub because the City of
College Station does not need a nightclub in a residential area.
Tracy Smith, 201 Krenek Tap #46 addressed the Council. She pointed out that there
will be 18-20 year old individuals not allowed to drink inside the cl+b, but what will stop
them from drinking in the parking lot.
Paul Clarke indicated that the owners would be glad to lower the height of the fence if it
is objectionable, and with or without gates.
Pat Siegert pointed out that Clicks Billiards is closer to a residential area than this
proposed club is.
Shanna Whitlow stated that she frequented Clicks because there are activities to do at
this bar other than drink and dance. It is also quieter.
Councilman Brown asked Mr. Henderson if it is possible to have a successful business
if the music is not as loud. Mr. Henderson replied that the music is not as effective
without the bass beats.
Councilman Kennady made a motion to approve the conditional use permit with the
following conditions:
1) -Continuation of the screening fence with a gate along the rear of the property,
included on the gate a heavy duty combination lock
2) -Curbing along the perimeter of the parking lot
3) -Repair of the parking lot and curbing as well as compliance with the landscaping
plan
4) -Landscaping plan to include shrubbery
5) -Buffer zone ( a fence) 50 ft. from the trailer park in accordance with the plans
prepared by the applicant
6) -Parking lot monitoring specifically, a daily cleanup after operating hours
7) -Security guard on duty for the operating hours
8) -Annual review of the conditional use permit
9) -Direct staff to develop arrangements for shrubbery and/or a stockade fence or
other screening buffers as necessary to resolve the concerns of the child care
center.
The motion was seconded by Councilman Brown.
MINUTES
Planning and Zoning Commission
CITY OF COLLEGE STATION, TEXAS
March 18, 1993
7:00 P.M.
MEMBERS PRESENT: Chairperson Hawthorne and Commissioners Gribou, Smith, Mariott,
Hall and Herring.
MEMBERS ABSENT: Commissioner Lane.
STAFF PRESENT: City Planner Callaway, City Engineer Pullen, Assistant to the City
Engineer Morgan and Development Coordinator Volk. (Councilmen
Kennady and Gardner were in the audience.)
AGENDA ITEM NO. 1: Approval of the minutes from the meeting of March 4, 1993.
Commissioner Hall moved to approve the minutes from the meeting of March 4, 1993 as
presented. Commissioner Mariott seconded the motion which passed unopposed (6 - 0).
AGENDA ITEM NO. 2: Consideration of the land use plan for the F. M. 2818 study area
Commissioner Hall requested that this item be discussed after item number seven on the agenda.
Chairperson Hawthorne agreed and moved to the next agenda item.
AGENDA ITEM NO. 3: Consideration of a previously tabled conditional use permit request by
KSK Entertainment to operate a nightclub in the former Schulman Theater located at 226
Southwest Parkway. (93-706)
City Planner Callaway informed the Commission that at the previous public hearing, several
residents of the trailer home park that abuts the subject site spoke in opposition to the request,
most of them remembering the disturbances that were caused by a similar club that had been
located in the Winn Dixie Shopping Center. The Commission tabled the request to allow the
applicant the opportunity to address the concerns raised by the trailer park residents. These
issues included:
noise disturbances from the sound system inside the club;
noise disturbances from patrons in the parking lot after hours;
potential trespassers on trailer lot property; and
hours of operation coinciding with those of the neighboring child care facility.
City Planner Callaway stated that after consultation with the legal department, staff has
determined that the hours of operation will be restricted by TABC, and the city cannot further
restrict operational aspects of the establishment. Some of the student residents of the trailer park
have requested that the Commission table this item once again. Most of them will not be able to
attend the meeting because of spring break. The applicant has submitted an acoustical study of
the proposed noise levels for review.
Chairperson Hawthorne invited the applicant to provide any additional information pertaining to
the acoustical study.
Consulting Engineer John Mays of Caldwell Design Service approached the Commission and
summarized the information found in the acoustical study conducted on March 8, 1993. He stated
that once the building is repaired and the interior is finished, sound will be reduced.
Chairperson Hawthorne invited the residents to present only new information.
Belinda Hughes of 301 Krenek Tap #129 approached the Commission and submitted a petition
with signatures of 120 residents opposing the nightclub.
Chairperson Hawthorne informed the Commission that he would be abstaining from this item.
Commissioner Mariott moved to approve the conditional use permit request by KSK
Entertainment to operate a nightclub in the former Schulman Theater located at 226 Southwest
Parkway. Commissioner Gribou seconded the motion.
Commissioner Smith stated that he would have to vote against the affirmative motion due to the
valid concerns presented by the surrounding residents.
Commissioner Gribou stated that the use of the building as a nightclub is appropriate and through
the effective use of buffers, the sense of security and privacy can be maintained.
Representative of the applicant, Pat Siegert, requested that he be allowed to address the
Commission. Once allowed, he stated that the applicant would be willing to install an 8' stockade
privacy fence and plant red tip photinas on the trailer park side of the fence with the approval of
the park owners. Mr. Siegert concluded that the occupants of the building want to be good
neighbors and act responsibility.
Commissioner Mariott moved to amend his original motion of approval to include the proposed 8'
fence and vegetation provided that an agreement can be reached between the two property
owners. Commissioner Gribou seconded the amendment which passed (4 - 1 - 1); Commissioner
Hall voted in opposition to the amendment and Chairperson Hawthorne abstained.
The original motion to grant the conditional use permit as amended failed (2 - 3 - 1);
Commissioners Smith, Hall and Herring voted in opposition to the motion and Chairperson
Hawthorne abstained.
AGENDA ITEM NO. 4: Public hearing to consider a rezoning request by the Begonia
Corporation for approximately 269.67 acres located in the Edelweiss and Rock Prairie Estates
Subdivisions from A-0 to R-1, R-5, A -P, Gl, C-2 and C-3. (93-104)
City Planner Callaway presented the staff report and recommended approval with the condition
that buffers be established at the time of platting as shown on the master plan. The requested
rezonings conform to the master plan of the development as presented to and approved by the
Commission on May 21, 1992 and to the City Council on June 10, 1992. Seventy-one surrounding
property owners were notified with no response.
Chairperson Hawthorne opened the public hearing.
Applicant Steve Arden of the Begonia Corporation approached the Commission and offered to
answer questions pertaining to the proposed rezoning.
Chairperson Hawthorne closed the public hearing.
P & Z Minutes March 18, 1993 Page 2
AGENDA ITEM NO. 5: Public hearing to consider a conditional use permit for a billiard
parlor at 226 Southwest Parkway, lots 2, 3, 5 and 6 of block B and lot 7, block D of the
Ashford Square Subdivision. (97-710)
Staff Planner Battle presented the staff report and stated that to the northwest and southwest of
the subject property are developed commercial property, and to the northeast is developed A-P
property, a child care facility. The closest residential area is the Oak Forest Mobile Home Park
adjacent to the property to the southeast. The applicant is currently operating as Sidepockets in
the Village Shopping Center under a conditional use permit granted in 1992 and again in 1996 for
an expansion. He wishes to relocate the business to the subject property. This site previously
received a conditional use permit for operation of the Globe night club in 1993. The conditional
use only covered a portion of the building. The new request is for use of the whole building. 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."
The parking requirement for this use is 1 space per 50 sq ft. and is met by this
request.
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 request is in an existing commercial zone and 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.
4. "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
lroposed use. These requirements may include, but are not limited to. ;ncreased
open space, loading and parking requirements, additional landscaping, and additional
improvements such as curbing, sidewalks and screening."
Unless the public hearing brings to light any new information indicating potential
negative impacts, Staff recommends approval.
Chairman Massey opened the public hearing.
P&Z Minutes July 17, 1997 Page 6 of 8
Applicant Arthur Arranaga stated that the proposal is for a second billiard parlor in addition to the
one in the Village shopping center. He has met with Ms. Williams and is currently working on
several items in order to make the business work. Mr. Arranaga informed the Commission that
they will remove the section of fence that blocks the parking lot in rear for better security. The
proposed parlor will have a full restaurant, bar, pool tables and no live music.
Property owner Chris Rhett informed the Commission that the proposed billiard parlor is
completely different from the previous night club.
Manager of Oak Forest Mobile Home Park, Ava Williams, stated that she is not in favor of or in
opposition to the request. She stated that she visited the existing Sidepockets location and it is
very well run. Both parties have to work together to make this new facility work.
Chairman Massey closed the public hearing.
Commissioner Gribou moved to grant a conditional use permit for a billiard parlor at 226
Southwest Parkway. Commissioner Garner seconded the motion which passed (4 - 1);
Commissioner Lightfoot voted in opposition to the request.
AGENDA ITEM NO. 6: Public hearing to consider a conditional use permit for the Christ
United Methodist Church to construct a new facility at 4203 State Highway 6 Bypass on lot
2 of the Barron Park Subdivision in front of the Desert Hills hospital. (97-711)
City Planner Kee presented the staff report and stated that the proposed use is for a new church
and child care to be located in a largely undeveloped area of the City. A portion of the subject
property may fall into a future impact fee area. 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."
The PRC reviewed the site plan and found compliance with the technical
requirements of site development and made some minor comments for changes.
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."
The request is in compliance with the Land Use Plan for the area.
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.
Mz Minutes July 17, 1997 Page 7 of 8
Mr. Michael McClure, 9626 Brookwater, was present to answer any questions. He explained that the
"City requested that the blanket easement be located and configured, which was done and the applicant
was satisfied with the conditions.
Chairman Rife closed the public hearing.
Commissioner Horlen moved to approve the Final Plat with staff s conditions. Commissioner Warren
seconded the motion, which passed unopposed 6-0.
AGENDA ITEM NO. 6: Public hearing and consideration of a Conditional Use Permit, change
of use conditions, for the night club, The Rack Warehouse, located at 226 Southwest Parkway
East. (00-17)
Staff Planner Anderson presented the staff report and stated that the subject property was located off of
Southwest Parkway behind the Wendy's and Park Place Plaza shopping center. The property is zoned
C-1, which allows typical retail commercial uses. The adjacent properties to the northwest and
southwest are zoned and developed as C-1 General Commercial. A day care facility, located within an
A-P district tract, is located to the northeast corner. The closest residential area is the Oak Forest
Mobile Home Park adjacent to the property to the southeast. On July 17, 1997, the Planning & Zoning
Commission granted a conditional use permit for a full restaurant, bar, and pool tables. The applicant
now wishes to add a dance floor within the existing building. Due to the nightclub adding an additional
use, it must come back before the Commission for approval. The applicant states that the nightclub will
not have live music only recorded discs played by a disc jockey. Ms. Anderson stated that the subject
property was originally built and developed in the mid-80s as a movie theater. A nightclub use was
approved in 1993 with several conditions. When the nightclub use was abandoned the site was used as
a furniture store. The existing nightclub use was approved in 1997. Ms. Anderson said that the
property meets the minimum standards established in the ordinance. Unless the public hearing brings to
light any new information indicating potential negative impacts, Staff recommended approval of the
request.
Commissioner Floyd asked that if this change in use is approved, is there anyway to limit it to not allow
live music (only music provided by a disc jockey as requested)? Ms. Anderson said that the
Commission may add the condition that no live music would be allowed.
Commissioner Mooney asked if this change would require additional parking, and what the capacity
would be. Ms. Anderson said that the applicant is proposing to convert 4000 or the existing 15,000
square foot building into the dance area. She said that the current parking exceeds the requirements and
this would not change since the overall use is not changing and the total square footage will remain the
same. She did point out that the parking area was in need of maintenance `(grass overgrown in the
concrete, etc.) but there were no major problems with the overall parking lot.
Chairman Rife opened the public hearing.
Mr. Arthur Arranga (applicant), 2604 Arbor, explained that the building is actually "divided" into three
rooms (from the original theater). He said that currently the building is divided into a sports bar in the
center room and the rooms to the left and right are where the pool tables are. The proposal would be
that the room to the left is where the dance floor is planned, and the middle and left room will remain
P&ZMinutes February 17, 2000 Page 5 of 8
the same. The room where the dance floor will be located will be used as a "club" on the weekends and
will be available for private parties. He said that security is not a problem for the facility. He also told
the Commissioners that the parking area was fixed up prior to the meeting, and there is an employee
that is responsible for litter pick up before the club opens on a daily basis. He pointed out that there
were no potholes in his parking area, but there are some in the alley that runs behind the adjacent
shopping center. Mr. Arranga said that he did not have any problems not allowing live music, and
would welcome the condition if placed on the permit. He said that the existing square footage will not
be increase and the capacity should stay at the current levels. There will be additional exits provided.
Mr. Greg Swoboda, was present representing the mobile home park. He said that the applicant has
been very cooperative with any problems that have arose. He did say that there were complaints from
the residents in the mobile home park about the live music when the Globe (former nightclub) was in
operation at this location. The mobile home park also saw problems with litter and fighting in the
parking lot, but he did not feel this would be a problem because Mr. Arranga was very cooperative. He
did ask that there be some type of condition placed on this permit to state that if more than 2 violations
are received (from police or code enforcement) additional security would need to be added.
Benito Flores-Meath, 901 Val Verde, expressed his concern for the residents living in the Mobile Home
Park. He felt the noise would impact these residents, because they were affected when the Globe was at
this location.
Mr. Arthur Arranga returned to the podium and explained that when the Globe was located here, the
entire area was a nightclub and there was live music. He said that his intent was to have the one room
for the dance floor. The music would not be too loud because there is a sports bar in the very next
room and the patrons at the sports bar watch sports on televisions and if the music was too loud the
televisions would not be heard.
Commissioner Warren asked Mr. Arranga if he would object to annual review of this permit? Mr.
Arranga said that he would not be opposed to review of the permit.
Chairman Rife closed the public hearing.
Commissioner Mooney moved to approve the conditional use permit with the following condition:
That staff is to review this site annually to assure that there are no noise and/or parking
problems.
That additional security would be required should there be more than 2 violations filed with the
police department (or code enforcement office)
No live music.
Commissioner Warren seconded the motion.
Commissioner Warren felt that Mr. Arranga was very sensitive to all concerns regarding noise and felt
that the annual review would be beneficial to alleviate any potential problems.
Assistant City Attorney Ladd said that the annual review would be allowed as long as the mechanisms
were outlined.
P&ZMinutes February 17, 2000 Page 6 of 8
Mr. Arranga stressed that he would be satisfied with the review for problems but felt that anything less
than a 3-year review would not allow him adequate time to recover his investment.
Commissioner Horlen moved to amend the original motion to include the three-year time limit, along
with the original conditions. Commissioner Mooney seconded this amendment.
Chairman Rife called for the vote and the motion as amended to approve the use permit passed
unopposed 6-0.
AGENDA ITEM NO. 7: Public hearing and consideration of a Rezoning of approximately 15.15
acres located at 819-903 Krenek Tap Road from R-1 Single Family Residential to R-5 Apartment
Medium Density. (00-19)
Staff Planner Anderson presented the staff report and stated that the applicant is bringing this request
forward in order to begin preparing the property for development as an apartment complex. The
request will increase the potential residential density to 24 dwelling units per acre. The subject property
is not platted, thus a preliminary and final plat will be submitted upon rezoning approval. The Land Use
Plan reflects the tract and the property to the west toward Texas Avenue as medium density single
family. However, in the last few years, the development trend for the area bound by Southwest
Parkway East and Krenek Tap Road has been to infill in the form of higher density residential, such as
duplexes, townhomes, and apartments. These changes in the development pattern of the area would
justify rezoning despite the Land Use Plan designation. A vacant 8.973 acre tract is locate southwest of
the subject property across the future Dartmouth extension that is currently zoned R-3. The subject
abuts the Heritage duplex plat and the Southwest Crossing townhomes to the north. The tract is in
close proximity to the R-5 medium density apartments of Dartmouth Addition and Windsor Point. It is
unlikely that the subject tract will develop as single family. The subject property is located adjacent to
the forthcoming Dartmouth Drive extension. The extension is currently under design and construction is
scheduled to begin in June 2000 with an estimated completion date of January 2001. Dartmouth is
classified as a minor arterial on the Thoroughfare Plan, the same as Harvey Road and Holleman Drive.
Krenek Tap Road is classified as a minor collector. Due to the minor collector classification of Krenek
Tap, any proposed development would need to take primary access from the higher designated
Dartmouth extension. Staff recommended approval of the rezoning.
Chairman Rife opened the public hearing.
Mr. Bill Dahlstrom, representative of JPI Student Housing (applicant) explained that the intent is to
develop a high quality of student housing. He felt the use was compatible with existing and proposed
property uses surrounding this tract. He said that he concurred with all of the staff report comments.
Mr. Thomas Madison, owner of adjacent property, said that he was confused with the zoning
classifications of his and his family's property in this area. He said that the land use plan shows mixed
use for this area but he thought it was residential
Senior Planner McCully explained that the Land Use Plan does not actually zone the property, it is more
or less used for determining compatible uses for future developments.
Chairman Rife closed the public hearing.
P&Z Minutes February 17, 2000 Page 7 of 8
MINUTES
Planning and Zoning Commission
CITY OF COLLEGE STATION, TEXAS
February 17, 2000
7:00 P.M.
COMMISSIONERS PRESENT: Chairman Rife, Commissioners Horlen, Floyd, Warren, Parker,
and Mooney.
COMMISSIONERS ABSENT: Commissioner Kaiser.
COUNCIL MEMBERS PRESENT: Council Member Maloney.
STAFF PRESENT: Senior Planner McCully, Staff Assistant Charanza, Assistant
Development Coordinator George, Graduate Engineer Tondre,
Transportation Planner Hard, Staff Planner Hitchcock, Staff Planner
Jimmerson, Staff Planner Anderson, and Assistant City Attorney Ladd.
REGULAR AGENDA
AGENDA ITEM NO. 6: Public hearing and consideration of a Conditional Use Permit, change
of use conditions, for the night club, The Rack Warehouse, located at 226 Southwest Parkway
East. (00-17)
Staff Planner Anderson presented the staff report and stated that the subject property was located off of
Southwest Parkway behind the Wendy's and Park Place Plaza shopping center. The property is zoned
C-1, which allows typical retail commercial uses. The adjacent properties to the northwest and
southwest are zoned and developed as C-1 General Commercial. A day care facility, located within an
A -P district tract, is located to the northeast corner. The closest residential area is the Oak Forest
Mobile Home Park adjacent to the property to the southeast. On July 17, 1997, the Planning & Zoning
Commission granted a conditional use permit for a full restaurant, bar, and pool tables. The applicant
now wishes to add a dance floor within the existing building. Due to the nightclub adding an
additional use, it must come back before the Commission for approval. The applicant states that the
nightclub will not have live music only recorded discs played by a disc jockey. Ms. Anderson stated
that the subject property was originally built and developed in the mid -80s as a movie theater. A
nightclub use was approved in 1993 with several conditions. When the nightclub use was abandoned
the site was used as a furniture store. The existing nightclub use was approved in 1997. Ms. Anderson
said that the property meets the minimum standards established in the ordinance. Unless the public
hearing brings to light any new information indicating potential negative impacts, Staff recommended
approval of the request.
P&ZMinutes February 17, 2000 Page I of
Commissioner Floyd asked that if this change in use is approved, is there anyway to limit it to not
allow live music (only music provided by a disc jockey as requested)? Ms. Anderson said that the
Commission may add the condition that no live music would be allowed.
Commissioner Mooney asked if this change would require additional parking, and what the capacity
would be. Ms. Anderson said that the applicant is proposing to convert 4000 or the existing 15,000
square foot building into the dance area. She said that the current parking exceeds the requirements
and this would not change since the overall use is not changing and the total square footage will remain
the same. She did point out that the parking area was in need of maintenance (grass overgrown in the
concrete, etc.) but there were no major problems with the overall parking lot.
Chairman Rife opened the public hearing.
Mr. Arthur Arranga (applicant), 2604 Arbor, explained that the building is actually "divided" into three
rooms (from the original theater). He said that currently the building is divided into a sports bar in the
center room and the rooms to the left and right are where the pool tables are. The proposal would be
that the room to the left is where the dance floor is planned, and the middle and left room will remain
the same. The room where the dance floor will be located will be used as a "club" on the weekends
and will be available for private parties. He said that security is not a problem for the facility. He also
told the Commissioners that the parking area was fixed up prior to the meeting, and there is an
employee that is responsible for litter pick up before the club opens on a daily basis. He pointed out
that there were no potholes in his parking area, but there are some in the alley that runs behind the
adjacent shopping center. Mr. Arranga said that he did not have any problems not allowing live music,
and would welcome the condition if placed on the permit. He said that the existing square footage will
not be increase and the capacity should stay at the current levels. There will be additional exits
provided.
Mr. Greg Swoboda, was present representing the mobile home park. He said that the applicant has
been very cooperative with any problems that have arose. He did say that there were complaints from
the residents in the mobile home park about the live music when the Globe (former nightclub) was in
operation at this location. The mobile home park also saw problems with litter and fighting in the
parking lot, but he did not feel this would be a problem because Mr. Arranga was very cooperative. He
did ask that there be some type of condition placed on this permit to state that if more than 2 violations
are received (from police or code enforcement) additional security would need to be added.
Benito Flores -Meath, 901 Val Verde, expressed his concern for the residents living in the Mobile
Home Park. He felt the noise would impact these residents, because they were affected when the
Globe was at this location.
Mr. Arthur Arranga returned to the podium and explained that when the Globe was located here, the
entire area was a nightclub and there was live music. He said that his intent was to have the one room
for the dance floor. The music would not be too loud because there is a sports bar in the very next
room and the patrons at the sports bar watch sports on televisions and if the music was too loud the
televisions would not be heard.
Commissioner Warren asked Mr. Arranga if he would object to annual review of this permit? Mr.
Arranga said that he would not be opposed to review of the permit.
Chairman Rife closed the public hearing.
P&ZMinutes February 17, 2000 Page 2 of 3
Commissioner Mooney moved to approve the conditional use permit with the following condition:
That staff is to review this site annually to assure that there are no noise and/or parking
problems.
That additional security would be required should there be more than 2 violations filed with the
police department (or code enforcement office)
No live music.
Commissioner Warren seconded the motion.
Commissioner Warren felt that Mr. Arranga was very sensitive to all concerns regarding noise and felt
that the annual review would be beneficial to alleviate any potential problems.
Assistant City Attorney Ladd said that the annual review would be allowed as long as the mechanisms
were outlined.
Mr. Arranga stressed that he would be satisfied with the review for problems but felt that anything less
than a 3 -year review would not allow him adequate time to recover his investment.
Commissioner Horlen moved to amend the original motion to include the three-year time limit, along
with the original conditions. Commissioner Mooney seconded this amendment.
Chairman Rife called for the vote and the motion as amended to approve the use permit passed
unopposed 6-0.
P&ZMinutes February 17, 2000 Page 3 of 3