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HomeMy WebLinkAbout11/07/1991 - Minutes - Planning & Zoning Commission MINUTES Planning and Zoning Commission CITY OF COLLEGE STATION, TEXAS 7:00 P.M. November 7, 1991 • MEMBERS PRESENT: Chairperson Sawtelle, Members Esmond, Hall, Hawthorne, Colson, Michel and Smith. MEMBERS ABSENT: None. STAFF PRESENT: City Planner Callaway, Senior Planner Kee, Planning Technician Thomas, Staff Planner Kuenzel, and Assistant to the City Engineer Morgan. AGENDA ITEM NO. 1: Approval of Minutes -October 17, 1991. Mr. Hall moved to approve the minutes of the meeting of October 17, 1991 as written to include the changes outlined by Mr. Esmond. Mr. Esmond seconded the motion which passed unopposed (7 - 0). AGENDA ITEM NO. 2: Public hearing to consider a conditional use permit request to allow a night club to be located at 105 Walton, in the East Gate Shopping Center. Applicant is Katherine Garza. (91-711) Staff Planner Kuenzel presented the staff report of the request for a conditional use permit to allow a night club in the East Gate Shopping Center. Aerial photographs show that the center provides 35 parking spaces. Traditionally, the City has counted the 24 parking spaces available in the right of way as additional parking for the center. The total parking provided for customers of the center is 59 parking spaces. On Tuesday, November 5, 1991, the Zoning Board of Adjustment tabled a parking variance request by the applicant at this location, to allow the applicant time to meet with concerned tenants and surrounding property owners. The center is nonconforming in terms of number of parking spaces, parking and building setbacks, parking islands, and landscaping. The applicant proposes that this property is unique because of its "Downtown" quality and therefore has very little land surrounding it that is available for parking. There are similarities between a downtown area and this site. There are several differences, however, that should be noted: (1) Many downtown areas have paid parking available throughout the inner portions, as well as on the periphery, sometimes with public transportation from these lots to the businesses. (2) Most downtown areas are not as near to residential neighborhoods as this property. If parking demand exceeds the number of spaces provided, the overflow will occur onto residential streets. (3) Many downtown businesses, including the Northgate area, receive a large portion of walk-in customers. Pedestrians are not as prevalent in this area. The intent of the parking requirements is to provide adequate and safe off-street parking for customers, and to protect residential neighborhoods from an unusual amount of vehicles parked on their streets. The applicant expects up to 120 people on some nights to come to this night club, and contends that the different hours of operation of the various tenants in the shopping center negate the need for additional parking. The Commission may choose to limit the hours of operation of this business to evening hours only, but it cannot ensure that surrounding businesses will close down during these same hours. Chairperson Sawtelle opened the public hearing. The applicant's representative, Fred Patterson approached the Commission and suggested that they table the request after hearing all of the visitors, and allow the applicant time to meet with the concerned property owners and tenants to see if some agreement could be reached. Mr. Patterson informed the Commission that the proposed night club has completely opposite hours of the existing intense use, Daylight Donuts. The applicant is not associated with the previous East Gate Live establishment and is concerned with the appearance of the shopping center. All of the parking provided is publicly owned. The applicant feels that there is adequate parking provided and if there is any overflow parking, the shopping center located across Walton could be utilized. He stated that the applicant wants to be a responsible neighbor and work with the surrounding property owners and tenants. There is a joint meeting scheduled for Monday, November 11, 1991 to see if some type of contractual agreement could address all of the tenant and surrounding property owner concerns. He added that the applicant is willing to stripe the parking lot and relocate the dumpster to the rear of the building; however, the applicant does not feel that it should be her sole responsibility to install a fire hydrant. There are three buildings in the center that are not protected by a fire hydrant and are in violation of the fire protection ordinance. • The cost of extending the existing water line and installing a fire hydrant will cause the project to fail. Dorthea Robinson, owner of the Robinson Veterinary Clinic, approached the Commission and expressed concern of the maintenance of the parking lot. The City maintains a portion and the property owner maintains a portion; however, the parking lot is always in need of repair. The applicant should have approached the tenants of the center prior to the meeting to get their input. Ms. Robinson stated that she realizes that the previous tenant was different; however, the use is the problem and not the owner. If the applicant wants to attract an older clientele, she should not locate the business at the entrance of Texas A & M. She presented a letter of opposition from the owner of Tex-Comm and a petition against the conditional use permit signed by the tenants of the center. The concerns listed in the petition were the following: (1) Patrons of the previous East Gate Live created a disturbance to the rest of the tenants in the shopping center with their loud music rehearsals during the day. (2) Patrons of the previous East Gate Live would leave their cars in the parking areas overnight. (3) Patrons of the previous East Gate Live would leave broken beer bottles in front of the doors of the other businesses in the center. (4) Employees and patrons of the other businesses located in the center have difficulty parking in the mornings during the peak hours of • Daylight Donuts. P & Z Minutes November 7, 1991 Page 2 • (5) Increased parking demands in the evening will conflict with Executive Secretarial Services, who rents professional office space at any time day or evening. (6) The East Gate Live "happy hour" at 4:00 pm every afternoon would conflict with the existing businesses in the center. Joe Stovall, owner of Super Graphics, informed the Commission that he is not able to provide one parking space in front of his store in the mornings for his customers. Mr. Stovall stated that he does not object to a night club; however, the parking problem is existing, and adding such an intense use will only add to the parking problem. He agreed to meet with the applicant to see if an agreement could be made. Marilyn Jarmush, owner of Daylight Donuts, stated that there is a parking problem in the mornings during their peak hours of operation. However, there is activity in the shopping center at night that would be interrupted by the night club. Executive Travel has customers that use their office space after 5:00 pm, Daylight Donuts has deliveries at night and people baking at all hours, and Partners delivery is open until 1:00 am. Barbara Schulett, owner of Tex-Comm, expressed a safety concern of the intoxicated patrons of the night club loitering in the alley adjacent to her business. She often leaves the business after dark with large amounts of money and fears that if a night club is allowed in the center, there will be a definite increase in crime. Dr. Robinson approached the Commission and stated that in the twenty years that he and his wife have owned the Robinson Veterinary Clinic, there have been four night clubs in the • center. All of the clubs have been a problem as far as trash, parking, and the overall behavior of the clientele. The location will draw the same type of crowd as before and create safety problems within the shopping center. Ed McDow of 1013 Walton, submitted a letter signed by the surrounding property owners opposing the conditional use request for a night club. He expressed safety concerns of the neighborhood children and the increased traffic if a night club was allowed in the shopping center. Walton is a heavily travelled street and the night club will only add to the traffic congestion. When other night clubs were allowed in the center, there were several instances where patrons of the club were not able to maneuver the curve along Walton and ended up in a resident's yard. He stated that he did not believe that a viable agreement could be reached between the property owners, tenants and the applicant. Chairperson Sawtelle closed the public hearing. Mr. Colson questioned staff as to the requirement by the Fire Marshal to install a fire hydrant to provide adequate fire protection to the proposed night club. He agreed with the applicant that the financial burden should not be the sole responsibility of the applicant. Senior Planner Kee stated that the location of fire hydrants is normally addressed during the platting process; however, this is an older subdivision and adequate fire protection was not provided. There is a variance procedure if the applicant chose to pursue the issue. Mr. Esmond informed the Commission of the three basic criteria outlined in Section 14 of the Zoning Ordinance: C7 P & Z Minutes November 7, 1991 Page 3 r t U (1) That the proposed use meets all the minimum standards established in this ordinance for this type of use; -- Fire protection does not meet minimum standards. -- Parking lot does not meet minimum standards. (2) That the proposed use meets the purpose and intent of this ordinance and is in harmony with the development policies and goals and objectives as embodied in the Comprehensive Plan for Development of the City. -- The use is in compliance with the comprehensive plan. (3) That the proposed use will not be detrimental to the health, welfare, and safety of the surrounding neighborhood and its occupants, nor be substantially or permanently injurious to neighboring property. -- The adjacent tenants and property owners unanimously concluded that the use will be detrimental to the safety and welfare of the surrounding neighborhood. Mr. Esmond moved to deny the conditional use permit request to allow a night club to be located at 105 Walton in the East Gate Shopping Center. Mr. Michel seconded the motion and stated that the meeting scheduled Monday night between the property owners and the applicant could not solve the existing or future problems; the parties have irreconcilable differences. Mr. Hawthorne stated that the Commission would not accomplish anything by tabling the item to be considered at a later date. Surrounding property owners and tenants will almost always oppose this type of use anywhere in town. However, there is an existing parking problem and the night club will only add to the problem. Chairperson Sawtelle agreed that the property owners and tenants have experience in this matter and that the circumstances will not change. She called the question and the motion passed unanimously (7 - 0). AGENDA ITEM NO. 3: Final E. T. J. Plat -Woodlake Estates Section II Phase 2-B. (91- 222) Assistant to the City Engineer Morgan presented the amending plat of an area located in the southwestern portion of the extraterritorial jurisdiction (ETJ) of the City. Because it is within the ETJ of the City, it must be considered and approved by the Planning and Zoning Commission and Council. The purpose of this amending plat is to change the name of the subdivision from Woodlake Subdivision Section III to Woodlake Subdivision Section II, Phase 2-B. Because of the nature of the plat, it was not scheduled as an item for consideration at a Project Review Committee meeting. All reviewing agencies were asked for comments and none were received. The City of College Station does not serve this area with utilities; therefore, all utility easements on this plat are for utility companies other than the City. This amending plat was approved by the County Commissioners at their October 28, 1991 meeting. Staff recommends approval of the final plat as presented. • Mr. Colson moved to recommend approval of the amending plat for Woodlake Subdivision Section II, Phase 2-B as presented. Mr. Michel seconded the motion which passed unopposed (7 - 0). P & Z Minutes November 7, 1991 Page 4 r AGENDA ITEM NO. 4: Other business. The Commission agreed to cancel the regularly scheduled meeting of Thursday, January 2, 1991. Steve Esmond questioned staff as to the time frame of when an amendment to the Subdivision Regulations addressing the platting requirements would be presented to Commission for consideration. He expressed concern of the Scott & White plat being considered prior to the submission of all required information. In the traffic impact study, there was a recommendation to dedicate right of way to install a right turn lane off of University onto the By-Pass. If Mr. Esmond had known of this recommendation at the time the plat was considered, he would have voted to accept the right of way. Assistant to the City Engineer stated that staff is currently working on composing a new Subdivision Regulations ordinance and that the revisions should come before the Commission in the early spring. Transportation Planner Hard reviewed the traffic impact studies of the Scott & White plat and decided against the installation of the proposed turning lane. She agreed to research the decision and report her findings to the Commission at the next meeting. Mr. Colson questioned staff as to the lack of a recommendation in the Project Review Committee reports. He suggested that staff make a recommendation for approval or denial in the report to give the Commission some direction. Senior Planner Kee explained that when reviewing a conditional use permit request, the committee is making a technical review of the proposed site plan. There are various factors that should be considered when reviewing a conditional use permit request that are not available at the time of site plan review. The public response plays an important role in the recommendation; however, staff will make a recommendation at the request of the Commission, during the public hearing and consideration. Assistant City Engineer Morgan presented copies of the ordinance revisions concerning driveway access, sidewalks and bikeways, and drainage for the Commission to review and discuss at their next meeting. AGENDA ITEM NO. 5: Adjourn. • Mr. Colson moved to adjourn the meeting of the Planning and Zoning Commission. Mr. Michel seconded the motion which passed unopposed (7 - 0). i Planni g Technician, Natalie Thomas APP OVED: ~ h irperson ancy awtelle P & Z Minutes November 7, 1991 Page 5 PLANNING AND ZONING COMMISSION GUEST REGISTER • DATE NAME ADDRESS 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. ~5• - _ --n , ~ S • ,~~ ,~r~ ,. ~';~- ~~ _-t~ ~, ,~ E < <~ ~ y~' ~ /fit ..~~ CC~ ,1~~ - ~ - i~ ; ~ ,~ i" -=- -, ~ l ~ ~ 7•