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HomeMy WebLinkAbout01/07/1993 - Minutes - Planning & Zoning CommissionMINUTES • Planning and Zoning Commission CITY OF COLLEGE STATION, TEXAS January 7, 1993 7:00 P.M. MEMBERS PRESENT: Chairperson Hawthorne, Commissioners Smith, Mariott, Lane, Gribou, Herring and Hall. MEMBERS ABSENT: None. STAFF PRESENT: Senior Planner Kee, Planning Technician Thomas, City Engineer Pullen, City Planner Callaway, Staff Planner Kuenzel and Development Coordinator Volk. AGENDA ITEM NO. 1: Approval of minutes from the meeting of December 17, 1992. Commissioner Lane moved to approve the minutes from the meeting of December 17, 1992 as written. Commissioner Gribou seconded the motion which passed unopposed (7 - 0). AGENDA ITEM NO. 2: Public hearing to consider a conditional use permit request by Charles Piper to operate a nightclub on the northwest corner of Holleman and Texas Avenue. (93-701) Staff Planner Kuenzel presented the staff report. At the previous meeting of the Commission on December • 17, 1992, a public hearing was held to consider a conditional use permit for a bar to operate in the vacated Mitsubishi building. Six of the seven Commissioners were present and two motions were made -- one to deny the request and one to approve the request. Both votes resulted in a tic; in effect, no action was taken. The applicant has requested to have the entire Commission hear the same request. The main arguments in the motion to deny the request included a concern for traffic and for the proximity of the church across Texas Avenue. At that time, staff had been under the impression that the distance from front door to front door was just over the 300' minimum. After the Commission meeting, staff reviewed the distances and determined the distance exceeded the minimum by 175'. Traffic remains a concern because of the recent development of the H.E.B. and Olive Garden across Holleman and because of the heavy traffic already at this intersection. In order to diffuse some of the potential problems, the entrance drive nearest the intersection will be closed. The site itself can provide 119 parking spaces, which would allow other high intensity uses, such as restaurants that serve alcohol, to operate without a conditional use permit. Short of a rezoning, it will be difficult to limit the use of this site to low intensity uses. Chairperson Hawthorne opened the public hearing. Charles Jones, a security officer and member of the drug prevention committee for the First United Methodist Church, approached the Commission and stated his opposition to the proposed use. Johnny Stimson, owner of Aggieland Printing, approached the Commission and stated that he is opposed to the proposed use based on the following concerns: -- the property value of his business will decrease; -- overflow parking will utilize his parking lot leaving trash, cars and cause possible vandalism to his business; and -- he wants to protect all of the time and money invested in his business. Mr. Stimson suggested that the applicant locate in a shopping center that could better facilitate the overflow parking. He concluded by referencing his letter in opposition to the proposed use submitted at the meeting. II Anita Franks, a member of the First United Methodist Church and elementary school teacher, approached the Commission and stated her opposition to the proposed use. She expressed concern with the message being sent to the youth of our community by locating this type of business in a high visibility area. Mike Hubbard, an employee oP the Texas Department of Corrections and member of the First United Methodist Church, approached the Commission and stated his opposition to the proposed use. He explained that he is a security officer for some local apartments hired to oversee the parking lot area at night. Mr. Hubbard expressed concern of the environment created by allowing this type of use along Texas Avenue and the increased crime it will create. Pam Grant, an employee of Signs Now, approached the Commission and stated her opposition to the proposed use. She expressed concern of her own personal safety when working at night. Ms. Grant stated that such a use may cause vandalism to her car and the adjacent businesses. The business operates from 8:30 a.m. - 5:00 p.m. Monday through Friday; however, during busy seasons, employees may work as late as 10:00 p.m. or 12:00 p.m. Pastor Polk, President of the Brazos Valley Prevention Coalition and Pastor of the First United Methodist Church approached the Commission and stated his opposition to the proposed use. He expressed concern with sending mixed messages to the community by telling them not to drink and then allowing a bar to be located at a highly visible location. Pastor Polk explained that he would also be opposed to a restaurant that served alcohol; however, at least the patrons would have something to eat while they are consuming alcohol. Applicant Charles Piper approached the Commission and explained that he contacted Mr. Stimson about overflow parking before knowing that the required number of parking spaces could be provided on the Mitsubishi site; however, he apologized for not contacting the First United Methodist Church. Mr. Piper stated that he does not think that patrons of the nightclub will park and walk across Texas Avenue. If overflow parking is needed, patrons will tend to park in the Aggieland Printing /Signs Now lot and the H.E.B. • parking lot. He offered to place a monitor on the Aggieland parking lot to prevent people from parking there. Parking lot monitors will also provide additional safety for the customers and employees of the surrounding businesses. The parking lot will be cleaned nightly and a designated driver program will be in effect. If intoxicated persons do not have someone to drive them home and a taxi cab is not available, employees of the nightclub will help drive customers home. Chairperson Hawthorne closed the public hearing. Commissioner Hall stated that he appreciates Mr. Piper making the extra effort to work with the surrounding property owners and bring the site up to code; however, he is concerned with the opposition of the surrounding property owners. There are other sites in College Station that would be more suitable for this type of use. Commissioner Hall moved to deny the conditional use permit. Commissioner Lane seconded the motion. Commissioner Herring apologized that she was not present at the last Commission meeting. She stated that she is concerned with the impact of this use on the surrounding properties; however, she is reluctant to deny someone the opportunity to fix up a vacant building and bring it up to code. Chairperson Hawthorne stated that he will vote against the motion because the proposed use is in line with the existing development in the area and the proposed development along the Wolf Pen Creek Corridor. The church is being put into a difficult position because of the growth in the area and the college oriented nature of our community. The motion to deny the conditional use permit request failed (3 - 4); Commissioners Herring, Smith, Marion and Hawthorne voted against the motion. Commissioner Marion moved to approve the conditional use permit with all of the conditions listed by staff and offered by Mr. Piper over the last two Commission meetings. Commissioner Herring seconded the motion which passed (4 - 3); Commissioners Lane, Hall and Gribou voted against the motion. P ~C Z Commission Januar~~ 7, 1993 Page Z AGENDA ITEM NO. 3: Consideration of the revised Master Preliminary Plat of the Nantucket Subdivision and the final plat of Nantucket Phase III located in the E.T.J. (93-300 & 93-202) City Engineer Pullen presented the staff report and explained that the proposed final plat matches the layout of the previously approved master preliminary plat with the exception of lot and block numbers. The applicant has submitted a revised master preliminary plat that has reconciled these differences. Staff recommended approval of the final plat. Commissioner Hall questioned staff as to the sidewalk requirements in the E.T.J. and if the new sidewalk ordinance pertains to areas in the city's E.T.J. Senior Planner Kee stated that sidewalks have not been required on E.T.J. plats in the past as long as the streets were built to rural standards. The ordinance amendment did not change these requirements. Commissioner Hall moved to recommend approval of final plat of Nantucket Phase III subdivision located in the E.T.J. Commissioner Herring seconded the motion which passed unopposed (7 - 0). AGENDA ITEM NO. 4: Consideration of a final plat of the Elliott Subdivision. (93-200) City Engineer Pullen presented the staff report and explained that in 190, this plat was considered and approved by the City. At that time, it was an E.T.J. plat and required consideration and approval of the County Commissioner's Court. This approval never took place and the plat was never filed for record. The property has since been annexed. When the applicant requested that the city file the plat, the legal department indicated that the prior approval was void because of the requirements for consideration of an E.T.J. plat were never met. Staff recommended approval with the addition of a utility easement along the south side. Commissioner Mariott moved to recommend approval of the final plat for the Elliott Subdivision with staff • recommendations. Commissioner Hall seconded the motion which passed unopposed (7 - 0). AGENDA ITEM NO. 5: Consideration of a final plat of the Gateway Park Subdivision. (93-201) City Engineer Pullen presented the staff report and stated that the preliminary plat of this subdivision was previously approved by City Council. The proposed final plat complies with the terms of that approval. Staff recommended approval with the following conditions: -- inclusion of a 50' public right-of-way along the eastern boundary; -- dedication by separate instrument of a public access easement for emergency vehicle turnaround on the back part of the Cinemark parking lot; and -- show floodplain location on the plat. Cliff Taylor, representative of Cinemark, approached the Commission and stated that all of the conditions are acceptable. The floodplain and the 50' public right-of-way are shown on the revised plat. The easement for emergency vehicle turnaround will be submitted to city staff next week for their review and approval. Commissioner Gribou recommended approval of the final plat of the Gateway Park Subdivision with staff recommendations. Commissioner Herring seconded the motion which passed unopposed (7 - 0). AGENDA ITEM NO. 6: Other business. Commissioner Lane questioned staff as to the annexation of E.T.J. areas of the city. • City Planner Callaway explained that in the recent Foxfire annexation, sewer facilities were the biggest problems. Most of the subdivisions in the E.T.J. have decided to use the rural street section of the Subdivision Regulations and not supplied sanitary sewer. P & Z Commission January 7, 1993 Page 3 Commissioner Hall suggested that the planning department work on long range planning for the E.T.J. properties of the city. As the city grows, there will not be much county land left. With the increased growth • of the city, there is need to look at future areas that may be incorporated into the city limits. Commissioner Lane agreed and stated that this type of project could be looked at throughout the next few years. Commissioner Hall expressed concern of the conditional use permit that was granted earlier for Charlie's nightclub. He stated that there is a better use for that facility than a bar. With its proximity to the water tower, the City could move some of their offices to this highly accessible location. Commissioner Hall suggested that the City go out and look at existing buildings to take over instead of building new facilities, including the proposed new city hall. AGENDA ITEM NO. 7: Adjourn. Commissioner Mariott moved to adjourn the meeting of the Planning and Zoning Commission. Commissioner Hall seconded the motion which passed unopposed (7 - 0). 1. n, Kyle Hawthorne f 1~ ~~ ~ r A'~'ES~`• ~ ., ~_ ~ f, ~ ~ ~~ ~ Q ~ .r~,_ . ~x~:~ Planni g Technician, Natalie Thomas • P ~K: Z Commission January 7, 1993 Page 4 ~Cannin~ ~ Zoning Commission Guest ~e~ister ._ ~~ ~ ~ f ~,a Tate arr~e ~ rfrf ress ~' L 2. ~~ _ _ C._ -~ia~_c- '. o L~A 4. ~ ~'~ ~ 7 ~. ~ , ~~. r. __, 5. 6. 7. s. 9. 10. • 11. I2. 13. 14. 1 S. 1 6. 17. 1 ~5. 19. 2U. 21. 22. 23. 24. 2_>"".