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Home My WebLink AboutMinutesMINUTES Planning and Zoning Commission CITY OF COLLEGE STATION, TEXAS September 21, 2000 Agenda Item No. 6: Public hearing and consideration of a rezoning from A -O Agricultural - Open to C -B Commercial -Business for Koppe Bridge Bar and Grill consisting of one tract of land totaling approximately 4.71 acres and located at 4004 Harvey Road. (00-168 00-167)) Staff Planner Jimmerson presented the staff report. Ms. Jimmerson pointed out that the subject property consists of a 1.7 acre tract that contains the former Jose's restaurant which burned down several years ago. She explained that the site is surrounded by A -O zoning to the east, to the south, and to the west. She stated that the property to the east is a vacant 5 acre tract; property to the south is an A -O zoned piece of property which was incorporated into the relatively large residential lot that fronts on Vista Lane and lies just outside the City Limits. If the subject property is rezoned to C -B it will be surrounded on 3 sides by A -O zoning. Ms. Jimmerson stated that the applicant's primary interest in this particular rezoning case is to secure the former Jose's tract for the future use as a restaurant. She explained that several commercial zoning districts would permit restaurants as uses by right; the C -B is the least broad of these zoning districts, but it still includes a several other potential uses, such as retail, restaurant, hotels, and theaters. Such uses would not receive additional review if the tract were rezoned to C -B she said. Uses such as nightclubs and service stations are possible as conditional uses but are subject to P&Z approval. Also, Ms. Jimmerson pointed out that some uses available in the C -B district have the potential to negatively impact the abutting single family neighborhood to the south and any commercial uses in this block between Pamela and Linda Lane. She stated that the proposed use is consistent with the 30/60 area Preliminary Report, however, the C -B request is not in compliance with the report recommendation that all this area is rezoned only through a PDD. Staff therefore recommends denial of the rezoning without prejudice to give the applicant the opportunity to return with a PDD -13 request. Chairman Mooney opened the public hearing. Delph Ross, 1002 Oakhaven Circle, pointed out that the property in question is 1.7 acres. He stated that he would like to redevelop the site into a locally owned family oriented small restaurant that would be complimentary to the area. He said that the C -B zoning would allow him to accomplish this with minimum impact to the area due in large part to the several acres of dense vegetated buffers that surround the property. He pointed out that his property is deeded commercial and that his intent is to return the property to its previous use as a restaurant. He also stated that since there are no streets or drive connections to the residential areas to the south, there would not be any increased traffic to the area. The staff has reported that the layout of the entire block lends itself to individual commercial sites. Any changes in the pending land use plan amendments would not impact the mixed use nature of this block since it would be justified as commercial. The property is currently zoned A -O and lies within the block that staff has identified as commercial in nature. There are no family residential sites within 200-300 yards. Mr. Ross stated that the staff has concluded that the property is consistent with the 30/60 area study. I feel the C -B zoning is justified since my individual site is small and proposed to being returned to it's previous and intended use which it has been for at least 30 years. In closing, Mr. Ross said that a site plan is available which will show the complimentary building style and additional landscaping to ensure that the natural setting of the property is preserved. Commissioner Warren said that once the zoning is changed to C -B and the applicant is no longer in possession of the property that any number of other uses could be allowed to operate in the area She explained that the PDD would help to diminish the negative impacts on the area. Chairman Mooney echoed the same concerns. Mr. John Vilas, 15 Ranchero Drive, reiterated the concerns regarding the C -B zoning and also stated that mixed zoning would cause some additional problems to their area, particularly regarding spot zoning. He indicated that the PDD contains several provisions which coincides with the visions of the residents of the subdivision, including open space buffers, landscaping, and the Planning and Zoning Commissions' concurrence on any changes from the original approved plan. Please deny the request to rezone 4004 Harvey Road to C -B. Kathy Eugster, 12 Vista Lane, stated that she opposes the request because of the potential of the negative impact of the lighting, noise, and smell as observed by viewing the other such site owned and operated by Mr. Ross. Mr. Delph Ross, the applicant, pointed out to the commission the commission options as stated in the staff report indicating that the rezoning request can be approved with physical conditions that will mitigate negative impacts. Staff Planner Jimmerson stated that it is not uncommon to require a buffer area. However, some of the conditions are already addressed in the ordinances while other conditions would be very difficult to effectively and clearly place upon the site plan. If the item is required to return as a PDD, the conditions could easily be placed based on the layout of the site. Chairman Mooney closed the public hearing. Commissioner motioned for the approval. Commission Harris seconded the motion. Commissioner Horlen stated that PDD is being overused, and the area is appropriate for C -B. Property owners need to have some options of what to do with their property, and Mr. Ross is correct in his opinion that PDD's prohibit small businesses and developers. PDD's will not solve the problems discussed. He said that he believes the property owner should be able to determine what to do with his own property. Commissioner Warren said that her concern about the C -B in that area has to do with entry and exit points of that corridor which is an entry into the city. The use is excellent, but long-term planning and impact management is something we should maintain over this corridor. Commissioner Floyd said that he agrees with Commissioner Horlen in the overuse of the PDD, but in the initial presentation of this request, we determined the most important thing was to ask the citizens what they want. We have that input through the 30/60 study. Therefore, I cannot support the C -B rezoning request. Chairman Mooney agreed that a PDD is necessary in this case as the only avenue that can be utilized at this time to protect this corridor, having listened to and considered the citizen's input on the concerns of their area through the 30/60 study. Commissioner Harris said that the fact that our ordinances are out of date does not give us cause to penalize the property owner. Commissioner Happ said that a PDD is the direction that we need to go in order to protect the interests of our city. Chairman Mooney called the question. The motion to approve the rezoning failed, 5-2. (Commissioners Mooney, Floyd, Warren, Williams, and Happ voted in opposition.) Commissioner Warren motioned to deny without prejudice to allow the applicant the opportunity to work with the staff on a PDD plan. Commissioner Happ seconded the motion. The motion passed 5-2. (Commissioner Horlen and Harris voted in opposition.)