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HomeMy WebLinkAbout03-00500152- 00076452 A 17en 1 r o , 1 f t r , A Ve r ,.J) cZ-1 3 ) MINUTES Planning and Zoning Commission CITY OF COLLEGE STATION, TEXAS CITY HALL COUNCIL CHAMBERS 1101 Texas Avenue July 17, 2003 7:00 P.M. COMMISSIONERS PRESENT: Commissioners Floyd, White, Shafer, Williams and Trapani. COMMISSIONERS ABSENT: Commissioners McMath and Hall. COUNCIL MEMBERS PRESENT: Happ and Maloney. STAFF MEMBERS PRESENT: Development Services Director Templin, Assistant Development Manager George, Senior Planner Battle, Staff Planners Fletcher, Reeves, Prochazka and Hitchcock, Assistant City Engineer McCully, Graduate Civil Engineers Cotter and Thompson, Planning Intern Harrell and Butler, Assistant City Attorney Nemcik and Staff Assistant Hazlett. Chairman Floyd called the meeting to order at 7 P.M. AGENDA ITEM NO 8: Public hearing, discussion, and possible action on a Conditional Use Permit for the Time Square Night Club located at 226 Southwest Parkway. (03 -152). Staff Planner Reeves presented the Staff Report stating that the request meets the minimum standards and that Staff recommends approval. Ms. Reeves explained that nightclubs are allowed in C -1, General Commercial districts with an approved Conditional Use Permit. Discussion ensued regarding the history of this site and the current and planned daycare centers near the subject property. Craig Brown, real estate broker and developer, stated that the area is developed as commercial and that the current daycare center has been in its current location for 15 years without complaints of the past nightclubs at the subject location. Chairman Floyd opened the public hearing. John E. Oates spoke in favor of the nightclub. As a current nightclub owner and operator, Mr. Oates stated that he hasn't received any complaints regarding his management of these nightclubs and that the P &Z Minutes July 17, 2003 Page I of 3 hours of operation will not interfere with other nearby establishments. When asked about the lighting in the parking lot, Mr. Oates indicated that the lighting would be maintained. Craig Brown voiced concerns regarding the failure of past nightclubs at this location. Also pointed out was the fact that Mr. Oates is leasing the building rather than purchasing it. Mr. Brown was also concerned about the nightclub activities after 3 p.m., which would affect the daycare centers. Lastly, the placement of the building hides the nightclub activity from police protection. Herbert Booker, 1400 Harpers Ferry Road, spoke in opposition to the nightclub, stating that this would not be the right tenant for the location. He submitted information regarding police reports on the subject nightclub location from 2000 forward, stating that the past speaks for what can be expected in the future. He expressed a number of concerns in relation to the affects of a nightclub on the daycare center that he has invested thousands of dollars in and is currently planning to build in the same vicinity. He does not want to stop his business venture, stating that this is the only affordable location for him. Mr. Booker does not believe that Mr. Oates' track record can ensure that vandalism and other crime, based on the police reports, would cease. He asked the Commission to consider the number of children in a 7 mile radius that would be affected in some way by the nightclub and to send a positive message of what they would like to see develop in the area. Ken Simmons, 1212 Danville, is the current owner of the existing daycare center at 206 Southwest Parkway which is in close proximity to the nightclub. He expressed concerns regarding the hours of operation, stating that his daycare does not close until 6 p.m. In addition, Mr. Simmons plans to combine the current daycare with another he owns that offers drop -in capabilities, which would mean that the hours of extended service would coincide with the hours of the nightclub. Ava Williams; 1402 Esther, Bryan, manages the adjacent mobile home park. She expressed concerns regarding the parking area and the mobile home park residents, which is separated only by a fence. The park consists of families and children that would be affected by the loud music, lack of outside security, etc. Todd Carnes, a local builder, owns the land parallel to the parking lot. He spoke of the area as being poorly lit and easily hidden from policing efforts and that the traffic flow for high traffic volume was poor, stated that there have been multiple accidents and also a recent fatality at that location. He reiterated the failure of all the previous nightclubs for the site and suggested that another and better tenant would be more suited to area. John Oates, 2000 -A South College Avenue, manager and part owner, stated that only overflow parking occurs near the fence adjacent to the mobile home park. He added that the nightclub would be more sports oriented with pool tables and television. In addition, the lighting will be fixed and if required, more lighting added. Chairman Floyd closed the public hearing. Commissioner Williams motioned to approve for discussion purposes. Commissioner Shafer seconded the motion. Discussion ensued regarding standards, requirements and time limits placed on conditional use permits. Assistant City Attorney Nemcik explained that the past conditional use permits for the subject P &Z Minutes July 17, 2003 Page 2 of 3 property has expired. She added that time limits can be placed on a conditional use permit, but consideration should be taken to allow the owner /operator enough time to recoup their investment. Chairman Floyd asked the Commission to determine if this was an appropriate use for the land. Ms. Nemcik continued, stating that in regards to the lighting issue for the subject property, a reasonable physical condition may be placed on the property to mitigate any adverse impact of the use on adjacent or nearby properties. However, she explained that the owner /operator can be required to redirect the lighting, add additional lighting for security purposes but all conditions must be reasonable and not require a whole revamping of property. Commissioner Shafer commented that change is occurring in the area and that the land use should be reconsidered since new information has been made available. Commissioner White expressed concern regarding neighborhood integrity and stated that he did not believe this was an appropriate use. Commissioner Trapani concurred with Commissioner Shafer. Also, he did not want to put conditions on the property and have to revisit the case, which may take a number of years before the investment has been recouped. Chairman Floyd interjected that the Commission should focus on whether changes in land uses in proximity to the property are significant enough to oppose the conditional use permit. He added that he did not believe the hours of operation for the nightclub would conflict with that of the daycare centers, current or future. Commissioner Shafer said that the orientation of the subject building is different with this daycare than the other and would create a sandwich affect, placing it between two nightclubs and would have the potential to compound the possible problems. Chairman Floyd called the question. The motion to approve failed by a vote of 1 -4. FOR: Williams. AGAINST: Floyd, White, Shafer and Trapani. ABSENT: Hall and McMath. Commissioner Shafer motioned to deny the conditional use permit, citing incompatible land use. Commissioner White seconded the motion. The motion to deny failed by a vote of 2 -3. FOR: Shafer and White AGAINST: Floyd, Williams and Trapani. ABSENT: Hall and McMath. Ms. Nemcik stated that the case would be presented to City Council without a recommendation from the Planning and Zoning Commission. Commissioner Trapani motioned to deny the condition use permit, which was seconded by Commissioner Shafer. The motion to deny carried 5 -0. FOR: Floyd, Trapani, Shafer, Williams and White. AGAINST: None. ABSENT: Hall and McMath. P &Z Minutes July 17, 2003 Page 3 of 3 MINUTES Planning and Zoning Commission CITY OF COLLEGE STATION, TEXAS CITY HALL COUNCIL CHAMBERS 1101 Texas Avenue July 17, 2003 7:00 P.M. COMMISSIONERS PRESENT: Commissioners Floyd, White, Shafer, Williams and Trapani. COMMISSIONERS ABSENT: Commissioners McMath and Hall. COUNCIL MEMBERS PRESENT: Happ and Maloney. STAFF MEMBERS PRESENT: Development Services Director Templin, Assistant Development Manager George, Senior Planner Battle, Staff Planners Fletcher, Reeves, Prochazka and Hitchcock, Assistant City Engineer McCully, Graduate Civil Engineers Cotter and Thompson, Planning Intern Harrell and Butler, Assistant City Attorney Nemcik and Staff Assistant Hazlett. Chairman Floyd called the meeting to order at 7 P.M. AGENDA ITEM NO 8: Public hearing, discussion, and possible action on a Conditional Use Permit for the Time Square Night Club located at 226 Southwest Parkway. (03 -152). Staff Planner Reeves presented the Staff Report stating that the request meets the minimum standards and that Staff recommends approval. Ms. Reeves explained that nightclubs are allowed in C -1, General Commercial districts with an approved Conditional Use Permit. Discussion ensued regarding the history of this site and the current and planned daycare centers near the subject property. Craig Brown, real estate broker and developer, stated that the area is developed as commercial and that the current daycare center has been in its current location for 15 years without complaints of the past nightclubs at the subject location. Chairman Floyd opened the public hearing. John E. Oates spoke in favor of the nightclub. As a current nightclub owner and operator, Mr. Oates stated that he hasn't received any complaints regarding his management of these nightclubs and that the P &7 Minutes July 17, 2003 Page 1 of 3 hours of operation will not interfere with other nearby establishments. When asked about the lighting in the parking lot, Mr. Oates indicated that the lighting would be maintained. Craig Brown voiced concerns regarding the failure of past nightclubs at this location. Also pointed out was the fact that Mr. Oates is leasing the building rather than purchasing it. Mr. Brown was also concerned about the nightclub activities after 3 p.m., which would affect the daycare centers. Lastly, the placement of the building hides the nightclub activity from police protection. Herbert Booker, 1400 Harpers Ferry Road, spoke in opposition to the nightclub, stating that this would not be the right tenant for the location. He submitted information regarding police reports on the subject nightclub location from 2000 forward, stating that the past speaks for what can be expected in the future. He expressed a number of concerns in relation to the affects of a nightclub on the daycare center that he has invested thousands of dollars in and is currently planning to build in the same vicinity. He does not want to stop his business venture, stating that this is the only affordable location for him. Mr. Booker does not believe that Mr. Oates' track record can ensure that vandalism and other crime, based on the police reports, would cease. He asked the Commission to consider the number of children in a 7 mile radius that would be affected in some way by the nightclub and to send a positive message of what they would like to see develop in the area. Ken Simmons, 1212 Danville, is the current owner of the existing daycare center at 206 Southwest Parkway which is in close proximity to the nightclub. He expressed concerns regarding the hours of operation, stating that his daycare does not close until 6 p.m. In addition, Mr. Simmons plans to combine the current daycare with another he owns that offers drop -in capabilities, which would mean that the hours of extended service would coincide with the hours of the nightclub. Ava Williams; 1402 Esther, Bryan, manages the adjacent mobile home park. She expressed concerns regarding the parking area and the mobile home park residents, which is separated only by a fence. The park consists of families and children that would be affected by the loud music, lack of outside security, etc. Todd Carnes, a local builder, owns the land parallel to the parking lot. He spoke of the area as being poorly lit and easily hidden from policing efforts and that the traffic flow for high traffic volume was poor, stated that there have been multiple accidents and also a recent fatality at that location. He reiterated the failure of all the previous nightclubs for the site and suggested that another and better tenant would be more suited to area. John Oates, 2000 -A South College Avenue, manager and part owner, stated that only overflow parking occurs near the fence adjacent to the mobile home park. He added that the nightclub would be more sports oriented with pool tables and television. In addition, the lighting will be fixed and if required, more lighting added. Chairman Floyd closed the public hearing. Commissioner Williams motioned to approve for discussion purposes. Commissioner Shafer seconded the motion. Discussion ensued regarding standards, requirements and time limits placed on conditional use permits. Assistant City Attorney Nemcik explained that the past conditional use permits for the subject PPrG7 Minutes July 17, 2003 Page 2 of 3 property has expired. She added that time limits can be placed on a conditional use permit, but consideration should be taken to allow the owner /operator enough time to recoup their investment. Chairman Floyd asked the Commission to determine if this was an appropriate use for the land. Ms. Nemcik continued, stating that in regards to the lighting issue for the subject property, a reasonable physical condition may be placed on the property to mitigate any adverse impact of the use on adjacent or nearby properties. However, she explained that the owner /operator can be required to redirect the lighting, add additional lighting for security purposes but all conditions must be reasonable and not require a whole revamping of property. Commissioner Shafer commented that change is occurring in the area and that the land use should be reconsidered since new information has been made available. Commissioner White expressed concern regarding neighborhood integrity and stated that he did not believe this was an appropriate use. Commissioner Trapani concurred with Commissioner Shafer. Also, he did not want to put conditions on the property and have to revisit the case, which may take a number of years before the investment has been recouped. Chairman Floyd interjected that the Commission should focus on whether changes in land uses in proximity to the property are significant enough to oppose the conditional use permit. He added that he did not believe the hours of operation for the nightclub would conflict with that of the daycare centers, current or future. Commissioner Shafer said that the orientation of the subject building is different with this daycare than the other and would create a sandwich affect, placing it between two nightclubs and would have the potential to compound the possible problems. Chairman Floyd called the question. The motion to approve failed by a vote of 1 -4. FOR: Williams. AGAINST: Floyd, White, Shafer and Trapani. ABSENT: Hall and McMath. Commissioner Shafer motioned to deny the conditional use permit, citing incompatible land use. Commissioner White seconded the motion. The motion to deny failed by a vote of 2 -3. FOR: Shafer and White AGAINST: Floyd, Williams and Trapani. ABSENT: Hall and McMath. Ms. Nemcik stated that the case would be presented to City Council without a recommendation from the Planning and Zoning Commission. Commissioner Trapani motioned to deny the condition use permit, which was seconded by Commissioner Shafer. The motion to deny carried 5 -0. FOR: Floyd, Trapani, Shafer, Williams and White. AGAINST: None. ABSENT: Hall and McMath. P&Z Minutes July 17, 2003 Page 3 of 3 MINUTES Planning and Zoning Commission CITY OF COLLEGE STATION TEXAS July 17, 2003 AGENDA ITEM NO 8: Public hearing, discussion, and possible action on a Conditional Use Permit for the Time Square Night Club located at 226 Southwest Parkway. (03 -152). Staff Planner Reeves presented the Staff Report stating that the request meets the minimum standards and that Staff recommends approval. Ms. Reeves explained that nightclubs are allowed in C -1, General Commercial districts with an approved Conditional Use Permit. Discussion ensued regarding the history of this site and the current and planned daycare centers near the subject property. Craig Brown, real estate broker and developer, stated that the area is developed as commercial and that the current daycare center has been in its current location for 15 years without complaints of the past nightclubs at the subject location. Chairman Floyd opened the public hearing. John E. Oates spoke in favor of the nightclub. As a current nightclub owner and operator, Mr. Oates stated that he hasn't received any complaints regarding his management of these nightclubs and that the hours of operation will not interfere with other nearby establishments. When asked about the lighting in the parking lot, Mr. Oates indicated that the lighting would be maintained. Craig Brown voiced concerns regarding the failure of past nightclubs at this location. Also pointed out was the fact that Mr. Oates is leasing the building rather than purchasing it. Mr. Brown was also concerned about the nightclub activities after 3 p.m., which would affect the daycare centers. Lastly, the placement of the building hides the nightclub activity from police protection. Herbert Booker, 1400 Harpers Ferry Road, spoke in opposition to the nightclub, stating that this would not be the right tenant for the location. He submitted information regarding police reports on the subject nightclub location from 2000 forward, stating that the past speaks for what can be expected in the future. He expressed a number of concerns in relation to the affects of a nightclub on the daycare center that he has invested thousands of dollars in and is currently planning to build in the same vicinity. He does not want to stop his business venture, stating that this is the only affordable location for him. Mr. Booker does not believe that Mr. Oates' track record can ensure that vandalism and other crime, based on the police reports, would cease. He asked the Commission to consider the number of children in a 7 mile radius that would be affected in some way by the nightclub and to send a positive message of what they would like to see develop in the area. Ken Simmons, 1212 Danville, is the current owner of the existing daycare center at 206 Southwest Parkway, which is in close proximity to the nightclub. He expressed concerns regarding the hours of operation, stating that his daycare does not close until 6 p.m. In addition, Mr. Simmons plans to combine the current daycare with another he owns that offers drop -in capabilities, which would mean that the hours of extended service would coincide with the hours of the nightclub. Ava Williams; 1402 Esther, Bryan, manages the adjacent mobile home park. She expressed concerns regarding the parking area and the mobile home park residents, which is separated only by a fence. The park consists of families and children that would be affected by the loud music, lack of outside security, etc. Todd Carnes, a local builder, owns the land parallel to the parking lot. He spoke of the area as being poorly lit and easily hidden from policing efforts and that the traffic flow for high traffic volume was poor, stated that there have been multiple accidents and also a recent fatality at that location. He reiterated the failure of all the previous nightclubs for the site and suggested that another and better tenant would be more suited to area. John Oates, 2000 -A South College Avenue, manager and part owner, stated that only overflow parking occurs near the fence adjacent to the mobile home park. He added that the nightclub would be more sports oriented with pool tables and television. In addition, the lighting will be fixed and if required, more lighting added. Chairman Floyd closed the public hearing. Commissioner Williams motioned to approve for discussion purposes. Commissioner Shafer seconded the motion. Discussion ensued regarding standards, requirements and time limits placed on conditional use permits. Assistant City Attorney Nemcik explained that the past conditional use permits for the subject property has expired. She added that time limits can be placed on a conditional use permit, but consideration should be taken to allow the owner /operator enough time to recoup their investment. Chairman Floyd asked the Commission to determine if this was an appropriate use for the land. Ms. Nemcik continued, stating that in regards to the lighting issue for the subject property, a reasonable physical condition may be placed on the property to mitigate any adverse impact of the use on adjacent or nearby properties. However, she explained that the owner /operator can be required to redirect the lighting, add additional lighting for security purposes but all conditions must be reasonable and not require a whole revamping of property. Commissioner Shafer commented that change is occurring in the area and that the land use should be reconsidered since new information has been made available. Commissioner White expressed concern regarding neighborhood integrity and stated that he did not believe this was an appropriate use. Commissioner Trapani concurred with Commissioner Shafer. Also, he did not want to put conditions on the property and have to revisit the case, which may take a number of years before the investment has been recouped. Chairman Floyd interjected that the Commission should focus on whether changes in land uses in proximity to the property are significant enough to oppose the conditional use permit. He added that he did not believe the hours of operation for the nightclub would conflict with that of the daycare centers, current or future. Commissioner Shafer said that the orientation of the subject building is different with this daycare than the other and would create a sandwich affect, placing it between two nightclubs and would have the potential to compound the possible problems. Chairman Floyd called the question. The motion to approve failed by a vote of 1 -4. FOR: Williams. AGAINST: Floyd, White, Shafer and Trapani. ABSENT: Hall and McMath. Commissioner Shafer motioned to deny the conditional use permit, citing incompatible land use. Commissioner White seconded the motion. The motion to deny failed by a vote of 2 -3. FOR: Shafer and White AGAINST: Floyd, Williams and Trapani. ABSENT: Hall and McMath. Ms. Nemcik stated that the case would be presented to City Council without a recommendation from the Planning and Zoning Commission. Commissioner Trapani motioned to deny the condition use permit, which was seconded by Commissioner Shafer. The motion to deny carried 5 -0. FOR: Floyd, Trapani, Shafer, Williams and White. AGAINST: None. ABSENT: Hall and McMath.