Loading...
HomeMy WebLinkAboutMinutesMINUTES Planning and Zoning Commission CITY OF COLLEGE STATION, TEXAS January 6, 2000 7:00 P.M. COMMISSIONERS PRESENT: Chairman Rife, Commissioners Floyd, Horlen, Kaiser, and Mooney. COMMISSIONERS ABSENT: Commissioners Parker and Warren. COUNCIL MEMBERS PRESENT: Council Members Hazen and Maloney. STAFF PRESENT: Senior Planner McCully, Staff Assistant Charanza, City Planner Kee, Development Coordinator Ruiz, Assistant City Engineer Mayo, Graduate Engineer Tondre, Transportation Analyst Hester, Staff Planner Jimmerson, Staff Planner Anderson, Director of Development Services Callaway, Neighborhood Planner Battle, Planning Intern Dean, Community Development Administrator Carroll, and Assistant City Attorney Nemcik. REGULAR AGENDA AGENDA ITEM NO. 4: Public hearing and consideration of a Conditional Use Permit, use only, for a religious facility, Brazos Community Church, to be located at 700 University Drive East Suite 110.A. (99 -727) Staff Planner Anderson presented the staff report and stated that churches may be permitted as conditional uses in any district upon approval from the Planning & Zoning Commission. The proposed church is requesting permission to be located in a 4750 square foot lease space in the University Village Shopping Center. The Church has approximately 70 members and lists hours of operation as Sundays from 9:00 a.m. — 1:00 p.m. and after 7:00 p.m. on various evenings during the week. She explained that the shopping center houses several different types of tenants, such as restaurants, plasma donation center, bookstore, nail salon, a nightclub, and office tenants. The proposed religious facility is to be located within 300 feet of The Legacy nightclub. Since the nightclub is already existing and the Church is choosing to move within the 300 -foot alcohol sales boundary, the nightclub may continue to serve alcohol and to gain liquor permits. However, new alcohol establishments would be prohibited under our ordinance because of the church location and thus, they could not apply for a liquor permit for this same shopping center. If the existing liquor establishment is abandoned or if the use is still there but alcohol sales are extinguished, then the existing establishment may not be repermitted. According to our legal staff, the Planning & Zoning Commission does not have authority to deny a conditional use permit based solely upon potential future uses of any kind including the possibility of a future liquor establishment within 300 feet of the proposed use. She explained that the church would have approximately 70 members, which requires 23 parking spaces. The applicant P &Z Minutes January 6, 2000 Page I of 3 contends the church operation hours would differ than the existing tenants and thus, plenty of parking will be available. Ms. Anderson said that she received three phone calls in concern of the request, two of which were concerned with the parking situation if the congregation were to increase, and one call concerned with the nightclub in the same shopping center. Staff recommended approval of the request. Chairman Rife opened the public hearing. Mr. Roy Brantly, 2503 Antitem, explained that he was a member of the church and was present to represent the church. He explained that the church had no problems locating near a nightclub because they felt the church would be a positive influence to the center and to the community. He explained that the lease was for one year. The intention would be to look into purchasing property to build a more permanent locations in the next few years. He explained that there were 100 chairs in the church. He also pointed out that there was additional parking in the back of the building. Chairman Rife closed the public hearing. Commissioner Mooney moved to approve the request. Commissioner Floyd seconded the motion. Commissioner Kaiser asked Staff if time limitations could be placed on this item. Ms. Anderson said that the zoning ordinance does allow established time limits on conditional use permits. Chairman Rife felt that a time limitation would not be necessary because Mr. Brantly said that the church intended to purchase and build on a more permanent location. Commissioner Mooney agreed. Commissioner Floyd agreed with Commissioner Kaiser and felt that the time limit would be beneficial in this case. Chairman Rife called for the vote, and the motion to approve failed 2 — 3; Chairman Rife and Commissioner Mooney voted in favor of the motion; Commissioners Floyd, Horlen, and Kaiser voted in opposition of the motion. Commissioner Kaiser moved to approve the request with a one -year time limitation, expiring one year from the date of approval. Chairman Rife asked for clarification from the applicant as to when they were scheduled to move into the facility. Mr. Roy Brantly received permission to approach the Commission to clarify the length of the lease, which he said was actually signed for a 3 -year time limit, as confirmed by Mr. John Clarke (property manager). He said that there are chances that the church would be moved from the location within one to two years, or they have an option to move within the center to another location. He asked that the time limitation, if desired, to run concurrently with the existing lease of three years. The Commissioners asked Assistant City Attorney Nemcik to address the issue of the church moving lease spaces within the same center, and if the Church would have to return for another conditional use permit. Ms. Nemcik said that a new conditional use permit would be required if the church changes lease spaces, even within the same shopping center. The motion to approve the request with the one -year time limitation (as stated by Commissioner Kaiser) died due to the lack of a second. P &Z Minutes January 6, 2000 Page 2 of 3 Commissioner Horlen moved to approve the conditional use permit with the condition of a time limit to run concurrently with the existing lease and ending when the lease is terminated, not to exceed 3 years. Commissioner Floyd seconded the motion, which passed unopposed 5 —0. P &Z Minutes January 6, 2000 Page 3 of 3 MINUTES Planning and Zoning Commission REGULAR MEETING City of College Station 1101 Texas Avenue January 16, 2003 6:00 P.M. COMMISSIONERS PRESENT: COMMISSIONERS ABSENT: COUNCIL MEMBERS PRESENT: STAFF PRESENT: AGENDA ITEM NO. 1: None. AGENDA ITEM NO. 2: None. Hear Citizens. Floyd, Hall, McMath, Shafer, Trapani, White and Williams None. Happ and Maloney. Assistant City Manager Brown, Development Services Director Templin, City Planner Kee, Development Manager Ruiz, Assistant Development Manager George, Senior Planner Battle, Staff Planners Hitchcock, Reeves, and Flanery, Transportation Planner Fogle, Assistant City Engineer McCully, Graduate Civil Engineers Cotter and Thompson, Assistant City Attorney Nemcik, Action Center Representative Kelly, and Staff Assistant Hazlett. Public Comment for the Record AGENDA ITEM NO. 3: Consent Agenda 3.1 Approved the Final Plat for A &M Church of Christ consisting of 1 lot on 29.35 acres located at 2475 Earl Rudder Freeway. (02 -262) 3.2 Approved the Preliminary Plat for Gold Subdivision consisting of 1 lot and a reserve tract totaling 38.276 acres of land located on Raymond Stotzer Parkway in the City's ETJ. (02 -264) REGULAR AGENDA AGENDA ITEM NO. 4: from meetings. Consideration, discussion and possible action for request(s) for absence None. P &Z Meeting January 16, 2003 Page 1 of 5 AGENDA ITEM NO. 5: Consideration, discussion, and possible action on items removed from the Consent Agenda by Commission action. None. AGENDA ITEM NO. 6: Public hearing, discussion, and possible action on a Conditional Use Permit - Use Only, for the Brazos Community Church located at 700 University Drive East, Suites #108 and #110. (02 -266) Staff Planner Flanery presented the Staff Report and recommended approval. The applicant is requesting the Conditional Use Permit in order to continue the use of Suite #110 and to also expand the facility into the adjoining space of Suite #108. The church was previously granted a Conditional Use Permit for Suite #110 in February 2000 at which time the Commission placed a three -year time limit as a condition. This Conditional Use Permit will expire next month. Ms. Flanery reported that there is adequate parking for all of the tenants in the center and that no negative reports have been received about the use of the subject property either in the last three years or as a result of the posting of this public hearing. Chairman Floyd opened the public hearing. Chairman Floyd closed the public hearing. Commissioner Trapani motioned to approve the Conditional Use Permit, which was seconded by Commissioner White. The motion carried 7 -0. FOR: Floyd, Trapani, White, Hall, Williams, Shafer, and McMath. AGAINST: None. AGENDA ITEM NO. 7: Public hearing, discussion, and possible action on a Rezoning for Pebble Creek Phase 9 -B from A -O Agricultural Open to R -1 Single Family Residential located at 5301 St. Andrews Drive. (02 -255) Staff Planner Reeves presented the Staff Report, recommending approval of the Rezoning. The applicant is requesting the rezoning in order to continue development in the Pebble Creek Subdivision, which is currently developed as R -1 Single Family Residential. The proposed rezoning is consistent with the Land Use Plan for the area. Chairman Floyd opened the public hearing. Chairman Floyd closed the public hearing. Commissioner Williams motioned to approve the rezoning. The motion was seconded by Commissioner Trapani. The motion carried 7 -0. FOR: Floyd, Trapani, White, Hall, Williams, Shafer, and McMath. AGAINST: None. P &Z Meeting January 16, 2003 Page 2 of 5