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HomeMy WebLinkAbout12/17/1992 - Minutes - Planning & Zoning CommissionMINUTES • Planning and Zoning Commission CITY OF COLLEGE STATION, TEXAS December 17, 1992 7:00 P.M. MEMBERS PRESENT: Chairperson Hawthorne, Commissioners Smith, Mariott, Lane, Gribou and Hall. MEMBERS ABSENT: Commissioner Herring. STAFF PRESENT: Senior Planner Kee, Planning Technician Thomas, Assistant to the City Engineer Morgan, City Planner Callaway, Staff Planner Kuenzel and Development Coordinator Volk. AGENDA ITEM NO. 1: Approval of minutes from the meeting of December 3, 1992. Commissioner Lane moved to approve the minutes from the meeting of December 3, 1992 as written. Commissioner Mariot[ seconded the motion which passed unopposed (5 - 0). (Commissioner Gribou was not present during the approval of minutes.) • AGENDA ITEM NO. 2: Public hearing to consider a rezoning request by First American Bank to rezone lots 14C and 14D of block 18B in the Treehouse Place Subdivision from A-P Administrative Professional to R- 5Medium Density Apartments. (92-112) Senior Planner Kee presented the staff report and recommended approval of the proposed rezoning. The subject lots are part of an area that was originally zoned and platted for fourplex development. The lots were rezoned for office uses several years ago but have remained vacant. The tight multi-family market has resulted in more and more inquiries regarding apartment zoning over the last two years. The applicant intents to build a fourplex on each lot. Chairperson Hawthorne opened the public hearing. Representative of the applicant, Fran Phillips approached the Commission and offered to answer questions pertaining to the proposed rezoning. Chairperson Hawthorne closed the public hearing. Commissioner Mariott moved to recommend approval of the rezoning request by First American Bank to rezone lots 14C and 14D of block 18B in the Treehouse Place Subdivision from A-P Administrative Professional to R-5 Medium Density Apartments. Commissioner Lane seconded the motion which passed unopposed (6 - 0). AGENDA ITEM NO. 3: Public hearing to consider a conditional use permit request by the First Baptist Church of College Station to expand their existing fact~ities at 2300 Welsh Street (92-714) Staff Planner Kuenzel presented the staff report. The Project Review Committee reviewed this project on December 2, 1992. There was some confusion regarding existing versus proposed structures and of the phasing of the expansion. The revised site plan shows more clearly the proposed expansion. Chairperson Hawthorne opened the public hearing. • Bill Kling, a member of the Planning and Education committees for the First Baptist Church, approached the Commission and offered to answer any questions pertaining to the proposed request. The phasing of the project as shown on the site plan will take place during a construction period of 4 to 8 years. Chairperson Hawthorne closed the public hearing. Senior Planner Kee stated that if the use permit is granted, the site plan will not come back to the Commission for consideration of each phase unless significant changes are made. Commissioner Hall questioned staff as to the maintenance of the creek that runs along the north side of the property. Assistant to the City Engineer Morgan stated that the church is currently maintaining the channel and will continue to do so. If major problems occur, the city will help with maintenance. The engineering staff will look at this issue more closely upon submittal of construction documents. Commissioner Hall moved to approve the conditional use permit request by the First Baptist Church of College Station to expand their existing facilities at 2300 Welsh Street. Commissioner Lane seconded the motion which passed unopposed (6 - 0). AGENDA ITEM NO. 4: Public hearing to consider a conditional use permit request by Charles Piper to operate a nightclub at 1912 Texas Avenue at the northwest corner of Holleman and Texas Avenue. (92-71~ Staff Planner Kuenzel presented the staff report. Due to the age of the site, it is considered non-conforming. The proposed change in use takes this property out of its legal non-conforming status. Complete compliance with all zoning restrictions is therefore required before the building may be occupied. The applicant must • provide the following in order to bring the site up to code: -- curbing around the entirety of the parking lot, -- parking islands at the end of each parking row, -- interior parking islands, -- 119 parking spaces laid out according to current specifications, -- dumpster location with screening, and -- landscaping in accordance with current requirements. Chairperson Hawthorne opened the public hearing. Applicant Charles Piper approached the Commission and stated that he would like to take a nonconforming building and bring it up to code. He stated that he had initially approached Mr. Stinson of Aggieland Printing to discuss overflow parking; however, additional parking is not needed since 119 parking spaces can be provided on the site. Mr. Piper added that Mr. Stinson expressed concern about trash in the parking lots. Mr. Piper stated that he realizes that this is a high visibility location and parking attendants will be assigned to clean the parking lot and surrounding areas. Mr. Stinson has agreed to allow overflow parking onto his site as long as a contract is entered into. Mr. Piper proposed to exceed the landscaping requirements and enhance the overall appearance of the building. The hours of operation will be noon to 1:00 a.m., Monday through Saturday and closed on Sunday. Mr. Piper currently runs the Legends nightclub in the Woodstone shopping • center and ran Carney's Pub on 29th street for five years. Pastor Floyd Polk of the Methodist Church located across the street from the proposed night club approached the Commission and expressed concern of the close proximity of the nightclub to the church. P ~ Z Minutes December 17, 1992 Page Z Senior Planner Kee informed the Commission that the Council Office reviewed the request for the alcohol permit for the nightclub and determined that the distance from the front door of the nightclub to the front • door of the church is just over 300 feet. Pastor Polk expressed concern of increased traffic in an already congested intersection and of patrons of the nightclub parking in the church parking lot. Patrons of the nightclub will probably park in the church parking lot and leave trash and cars in the lot so that there may not be enough parking for the church members on Sunday morning. Evening activities at the church wilt also be interfered with by the congested parking situation and increased traffic. Pastor Polk concluded that he is also concerned with the message that a nightclub in this location would send to the young people of the community. The church is telling people to not drink and yet there will be a bar located just across the street. A member of the Methodist Church, Anita Franks, approached the Commission and stated that she agreed with Pastor Polk. She added that she is also concerned with the possibility of increased crime in the area. Ms. Franks stated that there are many places to drink in College Station and that the city does not need another bar. Mr. Piper stated that he will have parking attendants monitoring the parking lots and he would be willing to station someone at the church parking lot to make sure that patrons of his nightclub do not park in the lot. He agreed to place signs at the front of the building telling people not to park in the church parking lot and that all violators will be towed at the owner's expense. Mr. Piper added that the nightclub parking lot will not be full until 11:00 p.m., not interfering with the peak traffic hours of the surrounding businesses. He stated that he did discuss the noise control concern of Major Newton that is referred to in the Project Review Committee Report. Major Newton stated that he did not have a problem with the noise since the nightclub will not be a dance club but more of a tavern type atmosphere. Chairperson Hawthorne closed the public hearing. • Commissioner Hall stated that he is concerned with the traffic safely in the area. The Holleman and Texas intersection is already congested with the new grocery store and restaurant developments. Commissioner Hall moved to deny the conditional use permit based on the increased traffic congestion in the area. Chairperson Hawthorne explained that he understood the church's position and that this is a difficult decision because of the nature of our community being college oriented. The church is being put into a difficult position because of the growth in the area. Chairperson Hawthorne stated that he will vote against the motion because the proposed use is in line with the development in the area. There are nightclubs located along Harvey Road and other places in the area. The motion to deny the conditional use permit request failed, (3 - 3); Commissioners Hawthorne, Mariott and Smith voted against the motion. Commissioner Mariott stated that he agrees with Chairperson Hawthorne and that the applicant is making every effort to comply with all city requirements. Commissioner Mariott moved to approve the conditional use permit with the conditions outlined by staff and the items offered by Mr. Piper. Commissioner Smith seconded the motion which failed, (3 - 3); Commissioners Hall, Lane and Gribou voted against the motion. AGENDA ITEM NO. 5: Consideration of a final plat of the Crossroad Woods Subdivision located in the E.T.J. (92-223) Assistant to the City Engineer Morgan presented the staff report. A Presubmission Conference was held on Wednesday, December 2, 1992 to review this plat. Staff recommended approval of the plat with the condition that a vicinity map be placed on the final plat. • Applicant Edsel Jones approached the Commission and offered to answer any questions pertaining to the proposed final plat. P & Z Minutes December 17, 1992 Page 3 r • i~ r~ ~J Commissioner Mariott moved to recommend approval of the final plat of the Crossroad Wood Subdivision located in the E.T.J. with the condition that a vicinity map be placed on the final plat. Commissioner Gribou seconded the motion which passed unopposed (6 - 0) AGENDA ITEM NO. 6: Consideration of a final plat of the Red Line Subdivision located at 2401 South Texas Avenue. (92-224) Assistant to the City Engineer Morgan presented the staff report. A Presubmission Conference was held on Wednesday, December 2, 1992 to review this plat. At that time discussion occurred regarding easements that will be necessary at the time of site plan. The applicant has agreed to provide a subsequent amending plat to provide for those easements. Staff encouraged rear cross access between this property and the Commerce National Bank site. The applicant has requested that sidewalks not be required along Texas Avenue. Staff agrees that sidewalks should not be required because there arc not any sidewalks located along this particular strip of Texas Avenue. Commissioner Mariott moved to recommend approval of the final plat of the Red Line Subdivision with the staff recommendation to not require sidewalks along Texas Avenue. Commissioner Lane seconded the motion which passed unopposed (6 - 0). AGENDA ITEM NO. 7: Consideration of a variance request to the platting requirements by Wellborn Water Supply. (92-821) Senior Planner Kee explained that staff received a request from Wellborn Water Supply Corporation to waive the platting requirements for the purchase of some property adjacent to their existing facility. The property is located in the E.T.J. of College Station just east of Wellborn Road at the Greens Prairie cutoff. Mr. Darrell Ambler is desiring to sell a two acre tract of land contiguous to Wellborn Water Supply's existing facility in order that they may expand their operation. This two acre tract is out of a 12.75 acre tract that was previously platted for the old townsite of Wellborn according to mr. Hugh Lindsay, Attorney at Law. Wellborn Water Supply's justification for the variance is [o allow the process to be expedited in order that they can expand their operations as soon as possible. The applicant did not identify a hardship other than timing. In the absence of a legitimate hardship, staff would have to recommend upholding the ordinance. In this particular case, waiving the platting requirements does not compromise the public interest as there are no rights-of-way or easements involved and utilities are provided by others. However, one of the benefits of platting, maintaining clear land records, would not be achieved. General Manager of Wellborn Water Supply, Mike Hensarling, approached the Commission and explained that when the land was contracted, the seller was not aware of any platting requirements. The owner cannot afford to have the engineering work necessary for a final plat and Wellborn Water Supply is not willing to pick up these additional costs. Commissioner Hall moved to recommend approval of a variance request to the platting requirements by Wellborn Water Supply. Commissioner Lane seconded the motion which passed, (5 - 1); Commissioner Smith voted in opposition to the motion. AGENDA ITEM NO. 8: Take action on the previously considered preliminary plat of Oakbrook Valley Subdivision. (92-310) Senior Planner Kee explained that at the last Commission meeting, the motion to approve the Oakbrook Valley preliminary plat as submitted was defeated by a two to four vole. Staff inferred that the Commission's intent was to approve the plat with the staff recommendation, relative to open drainage channels; but legally, another motion is needed to make that intent clear. The applicant has removed the rear lot drainage and is proposing to drain this area through the street. Staff has not seen plans on this proposal, but is willing to work with the applicant to see if this design will work. If the Commission wants to allow staff to look at this proposal to sec if it is workable; staff will research and make the appropriate recommendations to City Council If the Commission does not feel comfortable with this arrangement, they can recommend denial. P d Z Minutes December 17, 1992 Page 4 Representative of the applicant Earl Havel approached the Commission and explained that the proposed street channel will work. He stated that they have not had enough time to put all of the necessary plans together; however, they would like the opportunity to work with staff on resolving this issue and continuing on to City Council. Commissioner Lane moved to recommend approval of the preliminary plat of the Oakbrook Valley Subdivision with the staff recommendation pertaining to reviewing the proposed drainage plans prior to City Council consideration. Commissioner Hall seconded the motion which passed unopposed, (5 - 0); Commissioner Marion left the meeting prior to voting on this item. AGENDA ITEM NO. 9: Other business. Commissioner Hall expressed concern of the commercial businesses along Texas Avenue not maintaining the recently sodded drainage ditches. Assistant to the City Engineer Morgan stated that she will work with the Public Services department to see what agreements were made when the ditches were redone and determine who is responsible for maintenance. AGENDA ITEM NO. 10: Adjourn. Commissioner Lane moved to adjourn the meeting of the Planning and Zoning Commission. Commissioner Smith seconded the motion which passed unopposed (5 - 0). A i. P ann'ng Tec nician, Natalie Thomas Chairperson, Kyle Hawthorne P ~ Z Minutes Decemher 17, 1992 Page ~ r~ ~• i~ ~Cannin~ e~' ZoninB Commission ~ue_st Tle~ister Dclfe ~ ~~J~a 1 an~e i:~ .r-~ t ~° ~,~~ ~r_.I~at ~Icfrlress ~.~; 1. _ ;" .~ ~J .. ~ -c_;,1'r% j _ ~ ~<l.k. ~~~ Y~t ~ ~ ~ ~ I H 'L,C L. C i7. ~,. I ~ 77 ': ^.c` _ t~~ ' ' ~ ~ ~ ~ ~ s - x _ ,., ~ ~~ 4. ~ _, j . , , ,. / , , ,. _. ~ ~ ~~: i ~ ~ ,- ~ ~ ,. _ ,`~ ~ - ~ ~ ~; .~ ~F ~~ ~-, ~ '1. ,_ t ~_ ~ ~~ -~ ~ i , i ~ , r, ' , 1~~~ ,' ~ ~a ~ , ~ , 9. 10. 11. 12. 13. 1~. 15. 16. li. 1 <ti . 19. 20. 21. ~ ~~ ~? ~. Z~F. ~'~.