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HomeMy WebLinkAboutMinutesMINUTES Planning and Zoning Commission CITY OF COLLEGE STATION, TEXAS CITY HALL COUNCIL CHAMBERS 1101 Texas Avenue February 20, 2003 7:00 P.M. COMMISSIONERS PRESENT: Commissioners Floyd, Trapani, Williams, McMath, Shafer and White. COMMISSIONERS ABSENT: Commissioner Hall. COUNCIL MEMBERS PRESENT: Council Member Hazen and Maloney. STAFF PRESENT: Development Services Director Templin, City Planner Kee, Senior Planner Battle, Development Review Manager Ruiz, Assistant Development Review Manager George, Staff Planners Hitchcock, Flanery, Reeves and Fletcher, Transportation Planner Fogle, Assistant City Engineer McCully, Graduate Engineers Thompson and Cotter, Assistant City Attorney Nemcik, Action Center Representative Kelly and Staff Assistant Hazlett. Chairman Floyd called the meeting to order at 7:10 p.m. AGENDA ITEM NO. 1: None. AGENDA ITEM NO. 2: None. AGENDA ITEM NO. 3: Hear Citizens Public Comment for the Record Consent Agenda 3.1 Approved the Final Plat for Gold Subdivision, Lot 1, Block 1 consisting of 1.50 acres of land located on Raymond Stotzer Parkway in the City's ETJ. (03 -25) 3.2 Approved the Vacating and Final Plat for Bentwood Estates Phase I consisting of 31 lots on 76 acres in the City's ETJ. (03 -28) ; 3.3 Approved the Final Plat for the Spring Creek Townhomes Subdivision Phase 1 consisting of 29 lots and Common Area(s) on 4 acres located at Oxburg Drive and (the future) Decatur Drive on the Crowley Tract. (03 -30) P &Z Minutes February 20, 2003 Page 1 of 5 Chairman Floyd closed the public hearing. Commissioner Trapani motioned to approve the Conditional Use Permit with Staff Comments #3 and was seconded by Commissioner White. The motion carried 6 -0. FOR: Floyd, Williams, White, Trapani, McMath, and Shafer. AGAINST: None. AGENDA ITEM NO. 9: Public hearing, discussion and possible action on a Conditional Use Permit - Use Only for the Fox and Hound located at 505 University Drive Suite 307. (03 -29) Staff Planner Reeves presented the Staff Report, stating that the applicant has requested to expanded the existing facility into the 1500 square feet of an adjoining space. She stated that Staff recommends approval. Additionally, the use is already with the site and the parking is grandfathered with the shopping center. Chairman Floyd opened the public hearing. Clint Schroff, 1802 Amber Ridge, a representative of the applicant spoke in favor of the conditional use permit. Chairman Floyd closed the public hearing. Commissioner Trapani motioned to approve the conditional use permit and was seconded by Commissioner McMath. The motion carried 6 -0. FOR: Floyd, Williams, White, Trapani, McMath, and Shafer. AGAINST: None. AGENDA ITEM NO. 10: Public hearing, discussion and possible action on a Conditional Use Permit - Use and Site for T- Mobile located at 1361 Earl Rudder Freeway South. (03 -08) Chairman Floyd explained that because the City Council did not approve the Wireless Telecommunications Facilities (WTF) Ordinance at their last meeting, the Commission would not make a recommendation at this time regarding this item. Staff Planner Hitchcock stated that Staff recommends approval with the condition that the facility be limited to 100 feet in height and landscaping. Ms. Hitchcock pointed out other factors that the Commission should consider when determining their recommendation. She explained that the Staff's recommendation was based on the notion that the City Council would approve the WTF ordinance. That ordinance, however, was table and Council is seeking expert advice regarding the proposed ordinance. Chairman Floyd opened the public hearing. Mike Baty, the applicant, made a presentation to the Commission, requesting their approval. He pointed out that all the terms of the current ordinance have been met. Chairman Floyd closed the public hearing. Commissioner McMath motioned to table the conditional use permit until further direction from City Council regarding the adoption of the WTF ordinance. Commissioner Trapani seconded the motion. The motion carried 6 -0. FOR: Floyd, Williams, White, Trapani, McMath, and Shafer. AGAINST: None. AGENDA ITEM NO. 11: Discussion, consideration and possible action on a Master Preliminary Plat for the Krenek Crossing Subdivision consisting of 47 single family lots on 7.41 acres located on the northwest corner of Dartmouth Drive and Krenek Tap Road. (02- 186) P &Z Minutes February 20, 2003 Page 3 of 5 At that time, Chairman Hawthorne requested that a legal representative be present at the public hearing to answer any legal questions pertaining to the notification error and was assured that there were no legal problems with the request. Questions did come up at the original public hearing and these same questions keep resurfacing. Chairman Hawthorne expressed concern of the Commission not knowing what is possibly void or voidable due to the notification error and the possibility of the same legal questions coming up again in the future. A legal representative should be present at the meeting instead of placing the pressure on staff or the Commission to take action on a case when they do not have all of the information. Chairman Hawthorne expressed concern of the Commission wasting time considering the same case several times with the same reoccurring legal questions. Commissioner Gribou moved to waive the 180 day waiting period in which an applicant can request a rezoning that was previously denied for 2.37 acres with frontage along Lincoln Street, adjacent and to the south of the Cedar Creek Condominiums from R -1A single family residential to R -2 duplexes. Commissioner Mariott seconded the motion which passed (6 - 1); Chairman Hawthorne voted in opposition to the motion. AGENDA ITEM NO. 3: Public hearing to consider a conditional use permit request for the Bull and Bear, a roposed restaurant and bar to be located at 505 University Drive, suites 307 and 309. (93 -715) Staff Planner Kuenzel presented the staff report. The Project Review Committee reviewed this project on November 17, 1993. Due to the fact that 505 University is an existing site, there were no comments relating to the site plan itself. The larger of the two lease spaces had been used at one time as a restaurant - the Interurban. This request is generally on the same level of intensity as the previous use. Parking on site should be adequate, especially in light of the fact that the proposed use has different peak hours than the rest of the center. Thirty surrounding property owners were notified with one call in opposition to the request. Al Lehtonen, the owner of the adjacent office building on columns, has expressed concern with patrons of the Bull & Bear parking on his property. When the subject site was originally developed, it was defined as a shopping center under one building plot. Later, the property was replatted and the adjacent office building was divided into a separate lot that is now owned by Mr. Lehtonen. As far as the City is concerned, the property is still considered one single building plot with shared parking, access and signage even though the building plot is not under one ownership. Chairman Hawthorne opened the public hearing. Applicant Richard Benning approached the Commission and offered to answer any questions pertaining to the proposed restaurant and bar. He stated that he was not aware of any opposition to the conditional use permit and would have liked to have met with Mr. Lehtonen prior to the public hearing. Mr. Benning stated that he would like to work with the surrounding property owners and be an asset to the shopping center. The proposed restaurant and bar is not necessarily a student environment but an eating environment and will not have a dance floor. This proposed Bull and Bear is one of three facilities opening in Texas. Paul Clarke of Clarke and Wyndham approached the Commission and stated that he manages the subject property for the current owner. He informed the Commission that the center has adequate parking and meets the ordinance without the adjacent shopping center. Mr. Clarke stated that the proposed restaurant and bar will also have billiards and the applicant thought it necessary to obtain a conditional use permit in case the Bull and Bear became more entertainment oriented. Mr. Clarke informed the Commission that he managed Mr. Lehtonen's building during the time Interurban was open and there was never a problem with trash or parking. Staff Planner Kuenzel informed the Commission that the subject site is considered a legal nonconforming use because it was built in 1980 prior to the current Zoning Ordinance. The shopping center is approximately sixty spaces short of meeting the current ordinance requirements. P & Z Minutes December 16, 1993 Page 2 Al Lehtonen, the property owner of the office building between the subject site and the adjacent Randall's development approached the Commission and stated that the he has several legal issues that need to be addressed. The applicant submitted an application and the Project Review Committee recommended approval of the application as a restaurant and bar; however, the Commission is now considering a request for a nightclub. The notices in the newspaper and to the surrounding property owners referenced a restaurant and bar instead of a night club. If the applicant intends to operate a nightclub, the public has a right to know. Mr. Lehtonen stated that the notices were insufficient and the Commission should table the request until proper notice has been issued and the distinction between a restaurant/bar and nightclub be established. A second legal issue is that the City has included parking spaces, on Mr. Lehtonen's property, in the calculation of the parking available for the shopping center. Mr. Lehtonen stated that when he purchased the property in 1986, Stewart Title Company issued a title policy which states that he is the fee simple owner of the property, including parking. There is no record of reciprocal parking agreements for either property. In lease agreements with current tenants of the building, they have been assured reserved parking spaces beneath the building in the form of a contract. The City staff based their decision on shared parking on the original site plan that is not recorded and is not of public record. Mr. Lehtonen stated that there is a current plat that separated these two pieces of property that the City approved and filed for public record. If the parking spaces on Mr. Lehtonen's property are not used in the calculations, the existing shopping center is deficient by more than fifty parking spaces. This shortage of parking will negatively impact the adjacent properties. He stated that he does not want to be placed in the position of hiring a wrecker service to police the area to ensure parking for his tenants. Mr. Lehtonen informed the Commission that the Scott and White Drug and Alcohol Abuse Clinic conducts meetings in his building in the evenings and are concerned with having a night club only 35' away. If the Commission grants the use permit, there should be special provisions made for trash removal, prevention of vandalism, parking must be contained only on their property and the applicant should have the responsibility of policing the area instead of the surrounding property owners. Stephen Miller of 906 Munson approached the Commission and stated that he picks up trash frequently along Munson Avenue from the Taco Cabana Restaurant. A night club in the shopping center would change the character of the area and Mr. Lehtonen should have the right to utilize the parking on his property. Al Lehtonen, Jr. approached the Commission and referred to the letter by Steve Hartnett explaining the operations of the facility. The letter even states that the night club portion will come alive after 8:00 p.m. Chairman Hawthorne closed the public hearing. Commissioner Gribou moved to table the conditional use permit request until the legal issues of the restaurantibar versus nightclub is resolved including the parking limitations with respect to the definition of a building plot. Commissioner Herring seconded the motion. Chairman Hawthorne stated that the parking does not seem to be a problem in this case since the site has legal nonconforming status. In looking at the list of criteria to consider when issuing a conditional use permit, the request seems to be in compliance. The proposed use is in harmony with the surrounding land uses and there have been similar uses or clubs in this location before. The proposed use seems to be a benefit to the shopping center. Chairman Hawthorne stated that he would like to have assistance from the legal department on these issues; however, tabling the item will not solve the problems. The notice does not seem to be insufficient in that a bar is more of a general term. The motion to table the conditional use permit request passed (5 - 2); Chairman Hawthorne and Commissioner Mariott voted in opposition to the motion. P & Z Minutes December 16, 1993 Page 3 r listening that Lincoln Street is degrade infor Commissio would not tO the e that the R -2 zoning Chairman Hawthorne zone afte i an s ne ighborhood . an adequate buffer However that area, th neigod o in zoning the surrounding iewing t public and land use plan. i granted, it established if the R -2 zoning request more stated that Property owners Hawthorn acent PropO be would which does no th plan in this area. Chairman d z seem °pzo the door to a ning, t intense the discussion that did not feel r s tated that he to the surr ounding property Hall a threat should be aware of t h e Commissi alternative was Everyone under current of the R-1 t the Commission. allowed licant is o t° and what is the app r owners availabl Hall stated th roperty and is alternatives for the subject P in the rear. standards. reasonable use parking the a reasonabl cuts and placing P behind pro po sing o f curb complex immediat buffer reducing the number apartment still an effective ment. an existing zoning is family develop IS property and R -2 t h e single examined There ap and the en tire area sh° b ezoning is su bject P he artments between stated that use and the subject could be Hall term T h e rezoning rear Commissio for long doing sO• access and to determine zoning step in limited the first piece adequate conditioned up buffering, on adeq on the subject parking- lacing conditions platting of the Kee stated that P through the P prior to City Planner be controlled have to be platted t could will development the property property building permit. the proposed a issuance of a pproval °f vo or ted in to recommend Hall and Mariott original failed ; Commissioners The iled ( re zoning tabled motion. favor o f the of a previously proposed rat Consideor the Bull and Bear, su ites ITEM I 4 ' request for Dri ve, AGENDA use permit at 505 University conditional and bar to be located restaurant X93 -715) they tabled this 307 and 309. that , legal the Commission by the City s the l Panner Kee reminded this matter came up involves City review question that uncover of ending related q are n would case P Another zoning restriction the plat that department• uite often, ° note an implied fact that q There was n that there was always a title search• on notice The City could well during a title company e xistence . is platted at times have Put a greement in property states in parking however, City Attorney Locke shared such notes; use. uentlY subdivided as su e require of a planned w bseq we know the property center for „ In It before that "whether shOpping s r designat aces her memo not affect the Of total parking P requires or not does t h e number nation by either purpose of calculating of the designation Current ordinances the removal Compliance with under the City's MY opinion, tO come into c parking both spaces p roperties to the provision pertaining dinances." land use or January 6 1994 Page 5 P & 2 Minutes City Attorney Locke Is memo stated, "Where the removal of this designation creates a deficiency in parking, it appears that these successors in interest to have two options. One, provide the additional parking spaces or two, remove some of their square footage from the certificate of occupancy." City Planner Kee stated that there is also a third option in that the property owner could receive a variance from the Zoning Board of Adjustment to the parking requirement. Commissioner Gribou moved to grant the conditional use permit for the Bull and Bear, a proposed restaurant and bar to be located at 505 University Drive, suites 307 and 309. Commissioner Mariott seconded the motion which passed unopposed (6 - 0). AGENDA ITEM NO. 5: Consideration of a final plat of Pebble Creek Phase 2B. (93 -200) City Engineer Pullen presented the staff report and recommended approval of the final plat as submitted. The sidewalk on both sides of Augusta Circle is required because of the width of the right -of -way. Although the street is collector size, it serves a local function with no other streets connecting to it. Traffic is limited to the people who live or visit residents on the street. For this reason, the Presubmission Conference staff recommended granting the requested sidewalk variance and deleting the sidewalk on the outside of Augusta Circle. Commissioner Gribou moved to recommend approval of the final plat of Pebble Creek Phase 2B with staff recommendations. Commissioner Herring seconded the motion which passed unopposed (6 - 0) . AGENDA ITEM NO. 6: Public hearing to consider proposed changes to the Thoroughfare Plan. (93 -826) Transportation Planner Hard presented the amendments to the thoroughfare plan up for discussion including new streets, extending existing streets and revising the plan to cover developing areas to the south. Upon further review and discussion of all amendment considerations, staff has numerous recommendations for amendments to the thoroughfare plan. Of the eleven proposed amendments that were street widenings /extensions, or new streets, staff recommended approval of the following: (1) Walton realignment with Lincoln; (2) Cornell extension to Manuel; (3) Manuel extension to Dartmouth; (4) Eisenhower extension to Lincoln; (5) Switch Station Road; (6) Colgate extension to the East Frontage Road; and, (7) Barron Road overpass at State Highway 6. P & Z Minutes January 6, 1994 Page 6