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HomeMy WebLinkAbout02-00500123- 00073553MINUTES Planning and Zoning Commission CITY OF COLLEGE STATION, TEXAS July 18, 2002 6:00 P.M. COMMISSIONERS PRESENT: Commissioners Floyd, McMath, Trapani, White and Shafer. COMMISSIONERS ABSENT: Williams and Hall. COUNCIL MEMBERS PRESENT: Hazen and Maloney. STAFF PRESENT: Staff Planners Hitchcock, Fletcher, Flanery, and Reeves, Planning Intern Butler, Assistant City Engineer McCully, Graduate Engineer Thompson, City Attorney Cargill, Assistant City Attorney Nemcik, Director of Development Services Templin, City Planner Kee, Senior Planner Battle, Development Review Manager Ruiz, Transportation Planner Fogle, Action Center Representative Steptoe, and Staff Assistant Hazlett. AGENDA ITEM NO. 1: Bear visitors None. AGENDA ITEM NO. 2: Public Comment for the Record None. AGENDA ITEM NO. 3: Consent Agenda The following items were approved by common consent 3.1 Approved the Preliminary Plat for 5.175 acres in the JSEA Subdivision located along White Creek Road in the City's Extraterritorial Jurisdiction. (02-63) 3.2 Removed the Preliminary Plat for Schuessler Subdivision, consisting of 8 lots and 1 reserve lot on 55.25 acres on Kemp Road in the City's Extraterritorial Jurisdiction. (02- 124) MZMinutes July 18, 2002 Page 1 of5 3.3 Approved an Amending Plat for Lots 15, 16, 21, and 22 for Sun Meadows Phase 1. (02-126) 3.4 Approved the other uses allowed in the C-1, General Business district and a parking determination for the Rainbow Play System Package. (02-128) REGULAR AGENDA AGENDA ITEM NO. 4: Consider request(s) for absence from meetings. Commissioner Trapani motioned to approve the absence requests for Commissioners Hall and Williams. Commissioner White seconded the motion. The motion carried 5-0. AGENDA ITEM NO. 5: Consideration, discussion, and possible action on items removed from the Consent Agenda by Commissioner action. 3.2 Consideration and possible action on a Preliminary Plat for Schuessler Subdivision, consisting of 8 lots and 1 reserve lot on 55.25 acres on Kemp Road in the City's Extraterritorial Jurisdiction. (02-124) Chairman Floyd questioned the access for this plat. Spencer Thompson, Development Services Engineer, explained that the reserve tract is on the south side and is in the same ownership of the tract to the west. Staff comments #2 requires the surveyor to indicate that access to the reserve tract shall be provided through the adjacent plat to the west. Commissioner Trapani motioned to approve. Commissioner Shafer seconded the motion. The motion carried 5-0. AGENDA ITEM NO. 6: Public hearing, discussion, and consideration of a Rezoning for the tract of land located in the northwest quadrant of the intersection of Krenek Tap Road and State Highway 6 South from R-1, Single Family Residential, to C-1, General Commercial. (02-121) Staff Planner Hitchcock presented the staff report and opened by stating that Staff recommends denial of the rezoning. The subject property is at the corner of Krenek Tap and State Highway 6 frontage road and three roads on the Thoroughfare Plan abut the property. Ms. Hitchcock explained that the C- 1 zoning would not be in compliance with the Land Use Plan, which shows the subject property to be Mixed Use Development. She added that if the Commission wishes to deviate from the Future Land Use Plan by rezoning this property to C-1, they should acknowledge that they are recommending to the Council a different land use concept with a statement requesting the change. Additionally, the property was annexed into the city in 1971 and zoned as R-1 as a holding zone. The property has remained as such and has not been platted. Chairman Floyd opened the public hearing. The following spoke in favor of the rezoning: Veronica Morgan, Mitchell & Morgan, LLP Thomas Madison, Property Owner, Austin, Texas The following spoke in opposition to the rezoning: MZ mutes July 18, 2002 Page 2 of 5 Peter Snyder, 1007 Krenek Tap Road Dianne Savage, 8706 Greenleaf Gene Savage Jay Goss, 306 Lee Avenue Rusty and Miriam Gerdes, 3706 East 20th, Bryan Angie Porter, 201 Krenek Tap Road #21 Chairman Floyd closed the public hearing. Commissioner Trapani motioned to deny the rezoning request. Commissioner Shafer seconded the motion. The motion carried 5-0. AGENDA ITEM NO. 7: Public hearing, discussion and consideration of a Rezoning for a tract of land located along the north side of Krenek Tap Road and west of the future extension of Central Park Lane, from R-1, Single Family Residential, to R-5, Apartment/Medium Density. (02-120) Staff Planner Hitchcock presented the staff report. Ms. Hitchcock stated that Staff recommends approval of the rezoning. She pointed out that the Land Use Plan shows the subject tract as Residential Attached, which is 10-20 dwelling units/acre. The R-5 zoning would allow a maximum of 24 units per acre, which is slightly higher than what the Land Use Plan calls for. However, it would still be consistent with the Residential Attached-designated land to the north, which is developed R-5. Also, as R-5, the subject property would also be in compliance with the step-down approach suggested by the Land Use Plan. Ms. Hitchcock added that R-2 Duplexes, R-3 Townhouse, and R-4 Apartment/Low Density would also be appropriate zoning districts. Chairman Floyd opened the public hearing. The following spoke in favor of the rezoning Veronica Morgan, Mitchell & Morgan, LLP Thomas Madison, Property Owner, Austin, Texas Jim Stewart, Developer The following spoke in opposition to the rezoning Peter Snyder, 1007 Krenek Tap Road Dianne Savage, 8706 Greenleaf Gene Savage, 8714 Bent Tree Jay Goss, 306 Lee Avenue Rusty and Miriam Gerdes, 3706 East 29"', Bryan Angie Porter, 201 Krenek Tap Road #21 Cathy Conlee, 833 South Rosemary, Bryan Chairman Floyd closed the public hearing. Commissioner Trapani motioned to approve the rezoning. Commissioner McMath seconded the motion. The motion failed 2-3 with Commissioners Floyd, Shafer, and White voting in opposition. After a brief discussion, Commissioner Trapani motioned to deny the R-5 zoning and approve a lesser zoning district of R-4. Commissioner McMath seconded the motion. Further discussion followed. Commissioners Trapani and McMath withdrew the motion and second to approve the lesser intense R- 4 zoning district. Commissioner Trapani motioned to table the item, which was seconded by Commissioner White. The motion to table carried 4-1, with Commissioner McMath voting in opposition. The item was tabled until the August 1, 2002 Planning and Zoning Commission Meeting. P&ZMinutes July 18, 2002 Page 3 of5 AGENDA ITEM NO. 8: Public hearing, discussion, and possible action on a Conditional Use and Site Permit for an expansion of the Bourbon Street Bar located at 2501 Texas Avenue, D- 101. (02-123) Staff Planner Reeves presented the Staff Report. Ms. Reeves stated that Staff recommends denial of the Conditional Use and Site Permit, based on the negative impact on the neighboring mobile home park and a history of noise complaints. She explained that the applicant is proposing to build a deck under the covered walkway in front of the bar that will consist of a seating area with tables, television, and outdoor speakers. This expansion would add an additional 800 square feet to the existing 7,000 square feet of lease space. Ms. Reeves added that the applicant is also requesting to have live music such as "Piano Night," comedians, hypnotists, open microphone, and small bands. She pointed out that in June of 2000, the Commission granted a conditional use permit for this address for another nightclub and restricted it to no live music. Additionally, in October 2001, the applicant requested an expansion to the nightclub but was denied by the Commission due to a history of noise complaints. She pointed out that Staff feels that any kind of outside expansion or live music would add to the existing noise problems. She reported that the applicant has contacted residents in the neighboring mobile home park. Chairman Floyd opened the public hearing The applicant, Gary Seaback, 9215 Timberknoll, stated that the noise concerns have been addressed by added insulation and downsizing the speakers from 18" to 8", which should not escape the building. He added that the change in the type of entertainment will also alleviate the problem. Mr. Seaback also said that the outside patio will appeal to an older crowd. A small kitchen is planned also to provide food and a more relaxed atmosphere. Additionally, he stated that a cinderblock wall is being considered to help sound proof the backside of the building where the trash and back doors affect the neighboring residents. Jim McMann, 1011 Edgewood, stated that a significant amount of money was spent on soundproofing the nightclub and that Mr. Seaback seemed genuinely interested in addressing the sound control problems. The amount of insulation that was installed should reduce the escaping sound to approximately 75-80%. Commissioner Shafer asked how the sound from the patio has been addressed and what is being considered to address it. Chairman Floyd clarified the fact that Mr. Seaback has not operated at this location before and therefore is not responsible for the actions of the former tenant. Mr. Seaback explained that the speakers on the patio are very small, with a recessed overhead. Jay Goss, 306 Lee Avenue, stated that Mr. Seaback is proposing to operate a new nightclub of a different orientation, which would actually create less of a noise nuisance than those of the past with dance music and DJ's. He explained that the atmosphere on the patio would be completely different from that on the inside of the nightclub. Commissioner Trapani asked about limiting the type of live music to that proposed tonight in order to ensure the misuse of the permit. Chairman Floyd asked if the Conditional Use Permit goes with the land or property owner when the property is sold. Assistant City Attorney Nemcik stated that the permit goes with the actual use. It is not personal to the owner. P&Z Minutes July 18, 2002 Page 4 of 5 Ava Williams, 1402 Esther, Bryan, and the manger of Oak Forest Mobile Home Park, stated that Mr. Seaback did speak to the residents of the park and seemed genuine in trying to take care of the noise problem. She was encouraged by the patio and food concept of the nightclub and the appeal of the new club to a more mature clientele, This should help to alleviate the past noise problems. Chip Ingram, the general manager of the new nightclub, stated that the focus has been on precluding the noise problems from happening again. In regards to the patio, Mr. Ingram stated that the music that will be playing in the patio area will be music that will promote a relaxed type atmosphere. Additionally, the size of the club, which allows 500-600, precludes them from having any large, popular bands. The staff is diligently working at addressing all problems and complaints, past and present to create the type of bar that will be enjoyed by all. Chairman Floyd asked Mr. Ingram to explain how the trash noise problem is being addressed. Mr. Ingram stated that the dumpster can be moved to the other end of the apex, if the owner approves it. Also, he stated that staff can change the cleaning schedule during the day instead of in the early morning hours after the nightclub has closed. Greg Swoboda, 8605 Topaz, stated that there has always been a problem at this facility. He spoke favorably of Mr. Seaback and his attempts of creating a new nightclub at this location. Chairman Floyd asked Assistant City Attorney Nemcik to explain what limitations the Commission could possibly require on this Condition Use and Site Permit. Ms. Nemcik stated that the Commission cannot limit the club to closing hours but could limit the outside music to a certain hour. Physical conditions or limitations to mitigate adverse impacts of the use are allowed. Chairman Floyd closed the public hearing. Commissioner Trapani motioned to approve. Commissioner McMath seconded the motion. The motion carried 5-0. AGENDA ITEM NO. 9: Discussion of future agenda items. None. AGENDA ITEM NO. 9: Adjourn. Commissioner McMath motioned to adjourn the meeting and was seconded by Commissioner White. The motion carried 5-0. The meeting adjourned. ATTEST: St si t, s H Lett P&Z Minutes APP VI^ ~ F Chai an, Rick Loyd July 18, 2002 Page 5 of 5 MINUTES Planning and Zoning Commission CITY OF COLLEGE STATION, TEXAS June 15, 2000 7:00 P.M. COMMISSIONERS PRESENT: Chairman Rife, Commissioners Floyd, Horlen, Parker, Mooney, Warren, Harris, and Haap, and Ad Hoc Member Charles Thomas. COMMISSIONERS ABSENT: Commissioners Kaiser. COUNCIL MEMBERS PRESENT: Council Members Silvia, Maloney, and Marriott. STAFF PRESENT: Senior Planner Kuenzel, Staff Assistant Charanza, Staff Assistant Hazlett, Office Assistant Kelly, Staff Planners Jimmerson, Anderson, and Hitchcock, Assistant City Engineer Mayo, Graduate Engineers Tondre and Thompson, Transportation Planner Hard, and Assistant City Attorney Ladd, Director of Development Services Callaway, Neighborhood Planner Battle, Assistant Development Coordinator George, and City Planner Kee, Customer Service Representative Messarra, and Superintendent of Special Utilities Gerling. AGENDA ITEM NO. 5: Public hearing and consideration of a Conditional Use Permit for the Raffles-Orme Inc. dba located at 2501 Texas Avenue South, Suite D-101. (00-98) Staff Planner Molly Hitchcock presented the Staff Report. The applicant wishes to establish a country and western nightclub. The subject property is located in Building B of the Park Place Plaza shopping center, which is at the intersection of Texas Avenue South and Southwest Parkway. The land use plan designates this area as retail regional. The property is currently a C-1 General Commercial district and is surrounded by C-1 on all sides except the southeast. Staff Planner Hitchcock pointed out that an R-7 Manufactured Home Park is adjacent to the property, with the nearest home being approximately 35 feet from the back of the proposed nightclub. Residents in the area have reported problems with previous nightclubs in the area. Conditional Use Permits granted after these problems have attached conditions and attempt to mitigate the impact of noise on the area. Recently, a Conditional Use Permit was granted for the Rack Warehouse to extend their uses to include a dance floor. However, conditions addressing noise and security were included in the Permit. The subject property is the site of former nightclubs. There is no additional parking needed. Staff recommends approval of the Conditional Use Permit. Chairman Rife opened the public hearing and with no one stepping forward for discussion, Chairman Rife closed the public hearing. P&Z Minutes June 15, 2000 Page 1 of 13 Commissioner Horlen motioned for approval, which was seconded by Commissioner Mooney. Commissioner Floyd said that mitigating factors regarding noise and security should be considered and suggested that an amendment to the permit be attached as was the case the Rack Warehouse located in the same vicinity. Commissioner Warren agreed with Commissioner Floyd and said the sound issues should be considered since the mobile home park is only 150 feet from the site. Commissioner Parker asked about formal complaints with the police department. Staff Planner Hitchcock explained that the two conditions placed on the Rack Warehouse in February 2000, stated no live music and that additional security would be required if there were more than two violations filed. She also explained that an annual review regarding parking and noise problems would occur after three years in operation. Commissioner Horlen stated that there is noise ordinance that should be enforced, but expressed concern about placing a condition of time on reported violations. Commissioner Warren felt that if the Commission did not place conditions on the use in the area, violations would continue by paying a fine. Chairman Rife called for the vote for the motion to approve without conditions and the second. The vote was 3-3 (Commissioners Rife, Warren and Floyd voted in opposition). Commissioner Mooney motioned for approval with two conditions. (1)To review the parking conditions after three years in operation and, (2) No live music. Commissioner Horlen seconded the motion. Chairman Rife called for the vote. The motion carried 6-0. APPROVED: ATTEST: Chairman, Karl Mooney Staff Assistant, Susan Hazlett P&Z Minutes June 15, 2000 Page 2 of 13 Applicant Keller Webster of the First Worthing company approached the Commission and offered to answer any questions pertaining to the proposed development. He stated that because the project is in the Wolf Pen Creek district, additional attention has been given to the landscaping of the site. Mr. Webster stated that he is saving as many existing trees as possible. The buildings will consist of stucco and brick except for the eaves and trim which will be constructed of wood. Commissioner Gribou informed the applicant that he has a problem with the proposed carports in combination with the rest of the development. The carports will be clearly visible from Holleman Drive and create a central spine for the entire project. Mr. Webster informed the Commission that there will be 172 carports constructed in the center of the parking area so that they are not easily seen from Holleman Drive. As far as the design, they are a prefabricated metal carport with a corrugated roof deck and approximately 3" of facia on the front. The columns of the carports are a galvanized metal that will be painted a beige color to blend in with the development. Mr. Webster stated that the trim will also be painted to match a color found elsewhere in the development. Commissioner Gribou stated that the carports look like an after thought and something that came in after the building was designed. The proposed metal carports are not what he envisions for Wolf Pen Creek. The entire site is functional; however, Commissioner Gribou stated that he has a major problem with the proposed carports. Commissioner Hall informed the Commission that he was present at the Design Review Board meeting for the proposed development. There was some discussion at length concerning the carports. The applicant has tried to break up the row of carports with landscaped islands. There was also some discussion concerning brick columns to help tie the carports in with the entire development; however, the spacing becomes a problem if the larger brick columns are used. Commissioner Hall moved to approve the proposed site plan for The Arbors of Wolf Pen Creek multi- family development to be located on 8.5 acres along the north side of Holleman just east of the Kyle Avenue extension in the Wolf Pen Creek zoning district with staff recommendations including the conditions listed in the Design Review Board report. Commissioner Garner seconded the motion which passed (5 - 1); Commissioner Gribou voted in opposition to the motion. AGENDA ITEM NO. 4: Consideration of a previously tabled conditional use permit request to expand the existing Penthouse Billiards & Bar located at 2501 Texas Avenue South D-101 in the Winn Dixie shopping center. (95-708) Senior Planner Kuenzel informed the Commission that at their last meeting, the Commission tabled the conditional use permit request to.allow the addition of 2200 square feet to the existing 6900 square foot night club (pool hall) at Park Place Plaza. The applicant testified that he intends to add a small dance floor and occasionally have live entertainment as a part of the expansion. The residential area to the southeast has experienced past problems with The Edge (previously located in the far southeast corner of the same shopping center) and with The Globe (previously located in the old Schulman Theater). The Commission requested additional information from the applicant regarding sound insulation so that the city could be assured that previous problems will not be repeated. Senior Planner Kuenzel distributed information given to staff this evening from Floyd Shelburne, the managing partner of Penthouse Billiards and a letter from RDM Audio Services on the soundproofing of the building. Staff has not had an opportunity to review this information and does not have a recommendation for the Commission. P & Z Minutes September 7, 1"5 Page 3 of 8 Floyd Shelburne, managing partner of Penthouse Billiards, approached the Commission and apologized for submitting the information to the Commission so late. He explained that he understands the concerns pertaining to The Edge and The Globe night clubs. Mr. Shelburne stated that he has been operating in this location since January and has not received a complaint from anyone concerning the music or the operations of the establishment Mr. Shelburne also explained that effective October 1, 1995, the name of the pool hall will be changed to Cutlers since there have been some past concerns expressed about the current name. He stated that he is willing to comply with all of the recommendations of RDM Audio Services and invites the City to monitor him to make sure that each of the recommendations are followed. Commissioner Lightfoot expressed concern that the Commission has only heard proposals from RDM Audio Services and Mr. Shelburne. There is nothing which states that each of these recommendations will be followed. He stated that he does not feel comfortable acting on the conditional use permit tonight since staff has not had time to review the information and make a recommendation. Commissioner Lane suggested that the Commission delegate the responsibility to staff to gather the facts and recommendations from the proposals and make them a part of the building permit process. Senior Planner Kuenzel informed the Commission that the building department has not had a chance to review the letters and that staff cannot give the Commission any assurance that the proposals meet any standard or address the concerns of the building department. However, staff can work with the building department to make sure that there are no adverse impacts as far as noise is concerned. Senior Planner Kuenzel stated that in the past, the Commission has considered the possibility of placing a condition which limits the number of citations that can be issued at a development before the use permit is revoked. If that is a consideration in this case, staff could research some existing sites that have and have not had problems and compare police reports to arrive at a reasonable number of citations and convictions. Applicant James Vanya approached the Commission and stated that the reason for submitting the letters is to inform the Commission of what they were willing to do to address their concerns. If the permit is issued, the applicant will abide by all of the recommendations listed in the letter by RDM Audio Services. Commissioner Gribou moved to approve the conditional use permit request to expand the existing Penthouse Billiards & Bar located at 2501 Texas Avenue South D-101 with staff recommendations, the inclusion of the applicant's proposal for sound installation, RDM Audio Service's most effective recommendations for sound, Mr. Vanya's proposals listed in his letter to the Commission and that staff determine a reasonable number of citations within a period of time that would cause the permit to be revoked. Commissioner Hall seconded the motion. Commissioner Lightfoot stated that he appreciated the fact that the owners have voiced their opinions and concerns; however, there are too many contingencies in the proposals submitted. The proposed motion places too much pressure on staff to meet the Commission's approval when we do not even know exactly what we are approving. Commissioner Lightfoot stated that the applicant's proposals were submitted tonight and the City has not even had enough time to review the recommendations. The Commission is not in any position to take action on this item tonight because there are too many problems that can result. P & Z Minutes September 7,1583' Page 4 of 8 016, Commissioner Hall moved to amend the motion to approve the conditional use permit to restrict the night club to 1800 watts. If at any time this wattage is exceeded, the conditional use permit should be revoked. Commissioner Gribou accepted the amendment. The motion to approve the conditional use permit with all conditions as amended passed (4 - 2); Commissioners Smith and Lightfoot voted in opposition to the motion. AGENDA ITEM NO. 5: Discussion of a possible ordinance amendment pertaining to rear setback requirements and their relation to alleys and access easements. (95-811) Senior Planner Kuenzel informed the Commission that at a recent Zoning Board of Adjustment meeting, the Board heard a request for a rear setback request for garages to be placed on several single family lots in the Eastmark Subdivision. The Board gave direction for staff to discuss the possibility of an ordinance amendment with the appropriate decision-making bodies. The case involved several lots that abut a 30' access easement, only 20' of which is paved. The rear lot lines run down the center of the easement, and places half of the easement and half of the paved section onto each individual lot. The rear yards of the lots therefore include a 15' access easement with a 10' paved section. The Zoning Ordinance requires that the 20' rear setback be measured from the nearest boundary of an easement, not from the property line. On these lots, therefore, the setback is required to be the 15' easement plus the 20' setback for a total setback of 35'. The request was to be allowed to measure the required rear setback from the actual paved section and not the platted easement line. Due to the verbiage of the ordinance, staff is required to measure from the platted easement. The intent of the requirement is to maintain a clearance of at least 20' from a garage to the easement so that there is room for a vehicle to pull off of the easement so that the traveled portion of the easement is not blocked. A rewording of the ordinance to require that the setback (i.e. clearance to the garage) be measured from the paved section and not the platted easement would meet the intent of the ordinance and be more in line with the treatment of utility easements. The Zoning Board expressed no concern with such an ordinance change and found it to be reasonable. A more recent Board case related to rear alleys, where the property line is not in the center of the traveled portion, but rather on the edge of the alley. The case involved a request for carports to extend all the way to the property line, for total of a zero setback. The Board also referred the case to legislative bodies, due to the fact that such an allowance would involve an ordinance amendment rather than an individual variance based on special circumstances. Commissioner Gribou expressed concern that the proposed change in measuring the rear setback distance could create problems in the future. The front and side setbacks are measured from the property line and there could be variances in every situation. Commissioner Gribou stated that his biggest problem is that the City is reacting to a mistake or trying to correct something by easing up on the ordinance requirements. Commissioner Lightfoot stated that in the staff report, it sounds like there are about four carports that are the impetus for this ordinance amendment. He expressed concern of the aesthetics and the long term effects of the property with decreased setback requirements. Commissioner Lane stated that 20' is not much room and that vehicles will have to pull up close to the structure to not extend out into the alley. The extra 5' serves as a nice buffer for the development. P & Z Minutes September 7,188:" Page S of 8 1q9It-5- AGENDA ITEM NO. 7: Public hearing, discussion, and possible action on a Conditional Use Permit for a sign only for Covenant Family Church located at 4010 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-101. (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. 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. P&Z Minutes September 20, 2001 Page 3 of 5 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. 9: 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. The following spoke in favor of adopting this plan: Bob Droleskey, 1109 Ashburn Avenue Dennis Berthold, 1204 Marsteller Sharon Colson, 1116 Neal Picket Chairman Floyd closed the public hearing. P&Z Minutes September 20, 2001 Page 4 of 5