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HomeMy WebLinkAbout02/20/1992 - Minutes - Planning & Zoning Commission• MINUTES Planning and Zoning Commission CITY OF COLLEGE STATION, TEXAS 7:00 P.M. February 20, 1992 r1 ~.J MEMBERS PRESENT: Vice Chairperson Colson, Commissioners Esmond, Hawthorne, Smith, and Mariott. MEMBERS ABSENT: Chairperson Sawtelle and Commissioner Hall. STAFF PRESENT: Senior Planner Kee, Planning Technician Thomas, Planning Assistant Kuenzel, Development Coordinator Volk and City Engineer Pullen. Honorable Mayor Larry Ringer presented a plaque to Randy Michel in recognition of service on the Planning and Zoning Commission from 1988 - 1992. Mr. Michel has been appointed <<s Assistant Municipal Judge and tenured his resignation due to conflict of interest. Vice Chairperson Colson and Commissioner Esmond commended Mr. Michel on his work with the Commission and stated that his expertise and input will be missed. Mayor Ringer also swore in newly appointed Commissioner Larry Mariott. AGENDA ITEM NO. 1: Approval of the minutes from the meeting of February 6, 1992;. Mr. Esmond moved to approve the minutes of the meeting of February 6, 1992 as presented. Mr. Smith seconded the motion which passed unopposed (5 - 0). AGENDA ITEM NO. 2: Public hearing to consider a rezoning request by Fountainhead Development Corporation of 20.484 acres generally located on the southwest corner of State Highway 6 and Barron Road, from Gl General Commercial, R-lA Single Family Residential and A-O Agricultural Open to R-1 Single Family Residential (92-102) Senior Planner Kee presented the staff report recommending approval of the proposed rezoning. The developer has submitted master development plans for a single family development on this property. This plan and master preliminary plat will be coming to the Commission in the near future. This rezoning is necessary to enable this residential development as residential development is not allowed in the current commercial zoning district. Staff sees no problem with this request. Four property owners within 200' of the subject property were notified with no response. Vice Chairperson Colson opened the public hearing. Engineer Mike McClure, representative of the applicant, approached the Commission and offered to answer any questions related to the rezoning request. Vice Chairperson Colson closed the public hearing. Mr. Esmond expressed concern of varying from the Land Use Plan; shouldn't there be a buffer between the highway and the residential development? • Senior Planner Kee stated that when a less intense development is proposed, there should not be a problem with varying from the Land Use Plan; only when a more intense use is proposed should there be cautious consideration. The question of buffering could be addressed during the approval of the master plan and master preliminary plat; buffering does not necessarily have to lie handled through zoning. Mr. Esmond moved to recommend approval of the rezoning of 20.484 acres located on the southwest corner of State Highway 6 and Barron Road, from C-1 General Commercial, R.-lA Single Family Residential and A-O Agricultural Open to R-1 Single Family Residential. Mr. Hawthorne seconded the motion which passed unopposed (5 - 0). AGENDA ITEM NO. 3: Public hearing to consider a conditional use permit request by Karon Church, Inc. to conduct Bible classes at 1806 D Welsh. (92-701) Planning Assistant Kuenzel presented the staff report recommending approval of the project with the following conditions: striping of the lot and limiting the occupancy to 13, which would be equivalent to the church's share of the parking area. When the building was constructed, the parking requirement was calculated at one space per 300 square feet of retail space. "Chese must serve the following lease spaces: Sq. Feet % of Total Fielders' Choice -Retail 1200 14% Laundromat 2400 28% Karon Church 1200 14% Vacant/Storage 3560 42% Planning Assistant Kuenzel added that the Building Official informed the applicant that this proposal is a change of use from mercantile to assembly and that two hour fire walls must be provided. The P & Z Representative present at the Project Review Committee meeting;, suggested that the occupancy be limited to 25 - 30 people due to the size of the lease space and the number of parking spaces provided. If the occupancy is limited through the conditional use permit, no additional fire walls will need to be installed. Eight surrounding property owners within 200' of the subject property were notified with one inquiry. Vice Chairperson Colson opened the public hearing. Seeing no one present to speak in favor of or in opposition to the request, he closed the public hearing. Mr. Hawthorne expressed concern with limiting the occupancy to 13 people total. The church will have problems trying to recruit new members and holding special events with limited occupancy. The applicant, Mr. Rutland of 1207 Reynolds in Bryan, informed the Commission that the church would like to grow and recruit more members; however, this would be difficult to accomplish with a limited occupancy. He suggested limiting the occupancy to 25 - 30 people. Vice Chairperson Colson stated that he not opposed to locating a church in this shopping center due to the large percentage of vacancy; however, there may be a parking problem if the storage area is ever opened for retail use. Mr. Esmond stated that he sees no problem with limiting the occupancy to 30 people. There should not be a parking problem at this center because the church's hours of operation are not in direct conflict with the other hours of operation in the center, and on-street parking is allowed along Welsh. He moved to grant a conditional use permit to allow Karon Church to conduct Bible Classes at 1806 D Welsh with the condition that the occupancy be limited to 30 persons. total. Mr. Mariott seconded the motion which passed unopposed (5 - 0). P & Z Minutes February 20, 1992 Page 2 • AGENDA ITEM NO. 4: Public hearing to consider a conditional use permit request by Johnny Oates, to operate a pool hall that serves beer and wine at 103 Boyett. (92-702) Planning Assistant Kuenzel presented the staff report recommending approval because there have been no complaints that the past nightclubs have increased congestion in the area. The Building Official has determined that 122 persons may occupy the building at any one time. The applicant does not expect more than 50 occupants due to the nature of the use. This lease space is currently being used as a nightclub that offers live bands and dancing. Other similar nightclubs }lave leased this space. The applicant wants to attract existing patrons of the nightclubs in the Northgate area. Twenty surrounding property owners within 200' of the subject property were notified with one response in favor of the proposed use. Vice Chairperson Colson opened the public hearing. Applicant, Johnny Oates of 3 Oak Hollow Circle in Bryan, approached the Commission and stated that the business will be a locally owned, family operated pool hall, specializing in time tables. Hours of operation will be from 11:00 am to 1:00 am with approximately three employees per shift. The customers that normally play on time tables will usually play several hours at a time. He added that he anticipates a customer load of approximately forty to fifty persons per night, while the other businesses in the area have a customer load of several hundred per night. Beer and wine will be served and no food will be prepared on site. The adjacent Spanky's restaurant has agreed to cater any food needs. He added that he will provide custom and used cues for sale; but he does not anticipate selling more than one or two per month. Marie Bigley, of 302 Tee in Bryan, approached the Commission and stated that she is a member of the Christian Science Center located at 201 Boyett. She expressed concern with regard to parking, • trash, bottles and vandalism. The pool hall should have to provide adequate parking for their patrons. The Science Center is always having to repair the parking lot and replace signs. The City should start thinking of ways to solve the parking problem instead of ignoring it. Vice Chairperson Colson stated that trash is difficult to handle all over the City. This facility will not allow alcohol outside the building. The proposed use is less intense than the previous use. He suggested that Ms. Bigley look into charging the vehicles that park in their lot as way to pay for maintenance. The Commission would be very receptive to any suggestions to solving the parking problem in the Northgate area. Vice Chairperson Colson closed the public hearing. Mr. Hawthorne moved to grant a conditional use permit to operate a pool hall that serves beer and wine at 103 Boyett, in the Northgate zoning district. Mr. Mariott seconded the motion which passed unopposed (5 - 0). AGENDA ITEM NO. 5: Public hearing to consider a conditional use permit request by Ricky Miller, to operate a baz and grill at 1601 Texas Avenue South in the G~lpepper Plaza shopping center. (92-703) Planning Assistant Kuenzel presented the staff report recommending approval with the condition that parking is encouraged in the rear as much as possible. This can be accomplished using the following: (1) ensuring that the parking in the rear is well lit; ~~ L_J (2) modifying the side door to make it the main entrance and using the front door as an "exit only'; P & Z Minutes February 20, 1992 Page 3 • (3) placing a directional sign on the curb cut that leads to the rear o£ the shopping center; and, (4) providing a sidewalk ]eading from the rear parking area adjacent to the patio. Planning Assistant Kuenzel added that the occupancy of this lease space will be limited to 260 persons. All new nightclubs are required to obtain a conditional use permit. "Nightclubs" are defined by the Zoning Ordinance as "any business operated primarily for the purpose of the sale of alcoholic beverages by the drink, including, but not limited to, taverns, bars, and cocktail lounges". The applicant's description of the activities planned in this lease space resulted in staffs determination that a conditional use permit should be required under nightclub provision:;. Setbacks were determined at the time the center was built. The proposed main entrance would still need to meet a 15' side setback requirement. Fourteen property owners located within 200' of the subject property were notified with one inquiry from Quick as a Flash expressing concern with trash in the parking lot. Vice Chairperson Colson opened the public hearing. Jennifer Lancanship, representative of Holiday Inn at 1503 South Texas Avenue, approached the Commission and expressed concern of late night noise. She stated that the relocation of the main entrance and the parking to the rear of the building would help eliminate the noise. Applicant Ricky Miller of 2101 Barak Lane, approached the Commission and stated that the proposed restaurant will be similar to Chili's or Bennigan's instead of a nightclub. Since the Project Review Committee meeting, he has decided to not go ahead with the dinner theater theme due to the limited space in the restaurant. There will not be any major interior renovations; however, • awnings, stained glass doors and signage will be added to relocate the main entrance anti encourage parking in the rear. Sidewalks will be added to be wheelchair accessible and provide access to the proposed main entrance at the side of the building. There will be no dance floor or live music; mainly a food establishment. He concluded that the restaurant will probably close at 11:00 pm or no later than 1:00 am. Planning Assistant Kuenzel added that the original application stated dinner theater and bar; that is why a conditional use permit was required. If the applicant wants more flexibility with regard to use, it is best to obtain a conditional use permit. The floor plan was submitted to the building department to determine the maximum occupancy of 260 persons. Mr. Esmond staled that he would like to consider the floor plan as a part of the conditional use permit. Vice Chairperson Colson stated that the interior was not going to be extensively altered; the Commission should not have to consider the floor plan. Senior Planner Kee read from the Zoning Ordinance page 14-2, section D, "The Commission may impose additional reasonable restrictions or conditions to carry out the spirit and intent of this ordinance and to mitigate adverse effects on the proposed use. These requirements may include, but are not limited to, increased open space, loading and parking requirements, additional landscaping, and additional improvements such as curbing, sidewalks and screening.". The conditional use permit is large enough in scope to have the authority to take the floor plan into consideration. • Paul Clarke of Clarke and Wyndam at 3608 East 29th Street in Bryan and owner of the adjacent Bentley House, approached the Commission and requested more information concerning the proposed use. The side entrance should have a 25' setback requirement instead of tl~e proposed 15'. The proposed improvements and the existing patio easily encroach into the right-of~-way. P & Z Minutes February 20, 1992 Page 4 • Mr. Clarke stated that he is concerned with the applicant being allowed to extend his awning into the right-of-way; and he was denied the exact same request. The late night noise and increased traffic will have a negative impact on the Bentley House hotel/apartment complex to the rear of the Culpepper Shopping Center. If parking is encouraged in the rear, all of Bentley House's parking lot will be filled with patrons of the proposed bar. He stated that he would need more information such as the floor plan, construction documents to include the sidewalks, patio and awning, the hours of operation and patio service details in order to make a sound recommendation. Mr. Miller stated that there will not be a problem with his patrons parking in the Bentley House lot because the Bentley House tenants are currently using the Culpepper Plaza parking lot. The Bentley House parking lot is always full. There will be tables and chairs on the patio for food and drinks. The only restriction on the patio is that no drinks are allowed past the patio fend;. Mr. Clarke stated that the late night patio activity has disturbed hotel guests in the past. Culpepper Plaza has plenty of parking in the front of the business and parking in the rear should not be encouraged. He added that he is concerned with the required flood lighting in the rear disturbing hotel guests. If the side entrance is redeveloped to be the main entrance, patrons will use the Bentley House parking lot and the proposed directional sign will only encourage this activiity. Mr. Miller stated that flood lighting will not be used; instead standard parking lights will be installed in the rear to make the parking lot well lit. Jerry J. Moore will submit lighting plans to the City for two additional lighting poles. Vice Chairperson Colson closed the public hearing. He added that the proposed lighting will have to meet City standards and will probably keep in the same style as the lighting in the front of Culpepper. The awning too will have to comply with City standards and meet all required setbacks; • if it does not comply, the applicant will have the same variance procedures as were available to Mr. Clarke. Mr. Esmond read from the Zoning Ordinance, page 14-1, section C outlining the criteria that the Commission must consider when granting a conditional use permit: (1) that the proposed use meets all that minimum standards established in this ordinance for this type of use; (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; and, (3) that the proposed use will not be detrimental to the health, welfare, and safety of the surrounding neighborhood or its occupants, nor be substantially or permanently injurious to neighboring property. Mr. Esmond added that the Commission does not have enough information to make a decision based on these criteria. He cannot judge whether or not the canopy will comply with zoning ordinance requirements. The Commission should be furnished with a floor plan and a lighting plan. He added that he agreed with the adjacent neighbors that the proposed use will be det~~imental to the surrounding land uses. There are other locations within the City that would be more suitable for this type of use. Vice Chairperson Colson stated that he is concerned with the division of parking in the rear • between Culpepper Plaza and Bentley House; the solution may be a physical barrier between the two lots. The applicant should be able to encourage parking to the seldom used, rear parking lot. P & Z Minutes February 20, 1992 Page 5 • Mr. Esmond stated that the physical barrier may solve the parking problem but it will not solve the noise problem. He added that he is in favor of tabling this item until a lighting plan, floor plan, and a more detailed site plan could be submitted. Tabling this item would allo~+ time for agreements to be reached between the property owners. Mr. Hawthorne stated that, as with any business, time is an important issue to the applicant. He moved to grant a conditional use permit to allow the operation of a bar and grill at ].601 Texas Avenue in the Culpepper Shopping Center with the following conditions: (1) a minimum S' fence be placed between the rear parking areas of Bentley House and Culpepper Plaza; (2) hours of operation not exceed 11:00 pm; and (3) all staff recommendations be enforced. Mr. Mariott seconded the motion for approval. Mr. Smith asked the applicant what he thought of the restrictions. Mr. Miller stated that he is currently working with Jerry J. Moore on installing a fence between the two parking areas to the rear. He added that he does not have a problem with any of staffs recommendations; however the limited hours of operation seem to be unfair. He would like to have the option of providing a breakfast bar. The Commission could possible restrict hours of operation during the week and allow more flexibility on the weekend. He concluded that he does have an alcohol license that allow operation until 1:00 am, it would be unfair to make the restaurant close at • 11:00 pm. Mr. Smith called the question. The motion to approve passed (4 - 1); Mr. Esmond voted in opposition to the motion. Vice Chairperson Colson stated that if the applicant needed more flexible hours of operation, he could always come back before the Commission or appeal the Commission's decision to City Council. AGENDA ITEM NO. 6: Final amending plat of Oakwood Addition, Lots 1 - 4, Block 1. (92-200) City Engineer Pullen presented the staff report recommending approval of the amending plat of the area at the corner of George Bush and Pershing. This plat is being amended to allow for the future sale of Lot lA. The four lots as currently plated are being consolidated into 2 lots. Mr. Mariott moved to recommend approval of the final amending plat of Oakwood Addition, Lots 1 - 4, Block 1. Mr. Esmond seconded the motion which passed unopposed (5 - 0). AGENDA ITEM NO. 7: Other business. Mr. Esmond commended staff on their thorough presentations addressing the issues of tonight's agenda items. He added that he appreciated staffs hard work and complimented them on a job well done. City Engineer Pullen informed the Commission that the newly created subcommittee, to address the • pending ordinance amendments, will meet this Monday evening to begin their analysis of the proposed amendments. P & Z Minutes February 20, 1992 Page 6 AGENDA ITEM NO. 8: Adjourn. Mr. Esmond moved to adjourn the meeting of the Planning and Zoning Commission. Mr. Hawthorne seconded the motion which passed unopposed (5 - 0). AP OVED: h 'rperso ancy Sawtelle ATTFS . Planni Technician, Natalie Thomas • P & Z Minutes February 20, 1992 Page 7 PLANNING AND ZONING COMMISSION GUEST REGISTER - DATE ~ p2CJ • NAME ADDRESS ~. ~ , ~ ~% 2 . ~C 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. ig. 20. 21. 22. 23. 24. 25