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Home My WebLink About03/18/1993 - Minutes - Planning & Zoning CommissionMINUTES U Planning and Zoning Commission CITY OF COLLEGE STATION, TEXAS March 18, 1993 7:00 P.M. • MEMBERS PRESENT: Chairperson Hawthorne and Commissioners Gribou, Smith, Mariott, Hall and Herring. MEMBERS ABSENT: Commissioner Lane. STAFF PRESENT: City Planner Callaway, City Engineer Pullen, Assistant to the City Engineer Morgan and Development Coordinator Volk. (Councilmen Kennady and Gardner were in the audience.) AGENDA ITEM NO. 1: Approval of the minutes from the meeting of March 4, 1993. Commissioner Hall moved to approve the minutes from the meeting of March 4, 1993 as presented. Commissioner Mariott seconded the motion which passed unopposed (6 - 0). AGENDA ITEM NO. 2: Consideration of the land use plan for the F. M. 2818 study area. Commissioner Hall requested that this item be discussed after item number seven on the agenda. Chairperson Hawthorne agreed and moved to the next agenda item. AGENDA ITEM NO. 3: Consideration of a previously tabled conditional use permit request by KSK Entertainment to operate a nightclub m the former Schulman Theater located at 226 Southwest Parkway. (93-706) City Planner Callaway informed the Commission that at the previous public hearing, several residents of the trailer home park that abuts the subject site spoke in opposition to the request, most of them remembering the disturbances that were caused by a similar club that had been located in the Winn Dixie Shopping Center. The Commission tabled the request to allow the applicant the opportunity to address the concerns raised by the trailer park residents. These issues included: -- noise disturbances from the sound system inside the club; -- noise disturbances from patrons in the parking lot after hours; -- potential trespassers on trailer lot property; and -- hours of operation coinciding with those of the neighboring child care facility. City Planner Callaway stated that after consultation with the legal department, staff has determined that the hours of operation will be restricted by TABC, and the city cannot further restrict operational aspects of the establishment. Some of the student residents of the trailer park have requested that the Commission table this item once again. Most of them will not be able to attend the meeting because of spring break. The applicant has submitted an acoustical study of the proposed noise levels for review. Chairperson Hawthorne invited the applicant to provide any additional information pertaining to • the acoustical study. Consulting Engineer John Mays of Caldwell Design Service approached the Commission and summarized the information found in the acoustical study conducted on March 8, 1993. He stated ~ that once the building is repaired and the interior is finished, sound will be reduced. Chairperson Hawthorne invited the residents to present only new information. Belinda Hughes of 301 Krenek Tap #129 approached the Commission and submitted a petition with signatures of 120 residents opposing the nightclub. Chairperson Hawthorne informed the Commission that he would be abstaining from this item. Commissioner Mariott moved to approve the conditional use permit request by KSK Entertainment to operate a nightclub in the former Schulman Theater located at 226 Southwest Parkway. Commissioner Gribou seconded the motion. Commissioner Smith stated that he would have to vote against the affirmative motion due to the valid concerns presented by the surrounding residents. Commissioner Gribou stated that the use of the building as a nightclub is appropriate and through the effective use of buffers, the sense of security and privacy can be maintained. Representative of the applicant, Pat Siegert, requested that he be allowed to address the Commission. Once allowed, he stated that the applicant would be willing to install an 8' stockade privacy fence and plant red tip photinas on the trailer park side of the fence with the approval of the park owners. Mr. Siegert concluded that the occupants of the building want to be good neighbors and act responsibility. Commissioner Mariott moved to amend his original motion of approval to include the proposed 8' fence and vegetation provided that an agreement can be reached between the two property owners. Commissioner Gribou seconded the amendment which passed (4 - 1 - 1); Commissioner Hall voted in opposition to the amendment and Chairperson Hawthorne abstained. The original motion to grant the conditional use permit as amended failed (2 - 3 - 1); Commissioners Smith, Hall and Herring voted in opposition to the motion and Chairperson Hawthorne abstained. AGENDA ITEM NO. 4: Public hearing to consider a rezoning request by the Begonia Corporation for approximately 269.67 acres located in the Edelweiss and Rock Prairie Estates Subdivisions from A-O to R-1, R-5, A-P, C-1, G2 and G3. (93-104) City Planner Callaway presented the staff report and recommended approval with the condition that buffers be established at the time of platting as shown on the master plan. The requested rezonings conform to the master plan of the development as presented to and approved by the Commission on May 21, 1992 and to the City Council on June 10, 1992. Seventy-one surrounding property owners were notified with no response. Chairperson Hawthorne opened the public hearing. Applicant Steve Arden of the Begonia Corporation approached the Commission and offered to answer questions pertaining to the proposed rezoning. Chairperson Hawthorne closed the public hearing. P & Z Minutes March 18, 1993 Page 2 Commissioner Gribou moved to recommend approval of the rezoning request for approximately 269.67 acres located in the Edelweiss and Rock Prairie Estates Subdivisions from A-O to R-l, R- 5, A-P, C-1, C-2 and C-3. Commissioner Mariott seconded the motion. Commissioner Herring suggested that the staff recommendation pertaining to buffers be included in the motion. Commissioner Gribou moved to amend the original motion to include staff recommendations. Commissioner Herring seconded the amendment which passed unopposed (6 - 0). The original motion to recommend approval of the rezoning request as amended passed unopposed (6 - 0). AGENDA ITEM NO. 5: Consideration of a preliminary plat of Edelweiss Estates Phases II and III. (93-302) City Engineer Pullen presented the staff report and recommended approval with the variance to the length of the Brussels Drive cul-de-sac. The applicant is requesting a variance to the subdivision regulations. Brussels Drive as plated exceeds the cul-de-sac length requirement by approximately 55'. Sidewalks are required on all 50' rights of way except cul-de-sacs. Oversized participation in Victoria Avenue is a part of a development agreement accepted by the City Council and the applicant on January 18, 1993. Commissioner Herring moved to recommend approval of the preliminary plat for Edelweiss Estates Phases II and III with the variance to the cul-de-sac length of Brussels Drive. Commissioner Mariott seconded the motion which passed unopposed (6 - 0). • AGENDA ITEM NO. 6: Consideration of a previously tabled preliminary plat for the Elm Crest Subdivision. (93-303) Assistant to the City Engineer Morgan presented the staff report and informed the Commission that the plat was reviewed by staff on March 10, 1993 as a response to the Commissions tabling this item. The developer has proposed a new layout which adequately addresses the turnaround issue on Mint Avenue. Staff recommended approval with the presubmission comments from the March 10, 1993 meeting in addition to several comments made at the February 15, 1993 presubmission meeting, namely: -- submit evidence that the off-site drainage facility is agreed to by the property owner; and -- sidewalks are required along both sides of Mint Avenue. Assistant to the City Engineer Morgan continued that the preliminary plat layout proposes a collector providing access from Welsh Street west to the area planned as Rock Prairie Estates. It would eventually connect to Rock Prairie Road. This layout does not match the existing approved master plan for Rock Prairie Estates to the west; however, Steve Arden (representing the Rock Prairie Estates development) has indicated that this alignment will work for the development. The developer will submit revisions to the master plan that will address this new alignment. Commissioner Gribou moved to recommend approval of the preliminary plat of Elm Crest Subdivision with staff recommendations. Commissioner Smith seconded the motion which passed unopposed (5 - 0 - 1); Commissioner Mariott abstained due to a conflict of interest. • P & Z Minutes March 1'', 1993 Page 3 AGENDA ITEM NO. 7: Consideration of a final plat of the Redmond Terrace Subdivision - First Installment. (93-205) City Planner Callaway presented the staff report and recommended approval with the conditions outlined in the presubmission conference report. This replat will change the interior side lot line between the two properties giving lot 2 additional buildable area. Commissioner Mariott moved to recommend approval of the final plat of the Redmond Terrace Subdivision First Installment with the conditions outlined in the presubmission conference report. Commissioner Herring seconded the motion which passed unopposed (6 - 0). AGENDA ITEM NO. 2: Consideration of the land use plan for the F. M. 2818 study area. Chairperson Hawthorne stated that he was a member of the original committee that studied the F. M. 2818 area and that the land use plan derived from that study is a plan of compromise. The land use plan should have some flexibility; however, Chairperson Hawthorne stated that he could not recommend changes to the original recommendations made in the land use study. Commissioner Gribou stated that the Commission has discussed the F. M. 2818 land use plan at length including the current issues relating to the proposed Wal Mart Superstore. Commissioner Gribou moved to recommend that the original land use plan be upheld. Commissioner Herring seconded the motion which passed (5 - 1); Commissioner Hall voted in opposition to the motion. Commissioner Hall stated that he was not sure if the Commission needed to take formal action on this item since they previously made negative recommendations against the rezoning request. AGENDA ITEM NO. 8: Other business. • Commissioner Hall expressed concern with the number of nightclubs coming before the Commission for conditional use permit approval. He stated that he is not against nightclubs; however, the applicant should completely understand the conditions placed upon the permit. The Charlie's nightclub has an unacceptable plywood sign placed in front of the building that was never approved by the Commission or allowed under the current ordinance. AGENDA ITEM NO. 9: Adjourn. Commissioner Mariott moved to adjourn the meeting of the Planning and Zoning Commission. Commissioner Herring seconded the motion which passed unopposed (6 - 0). e APP Chairperson, Kyle Hawthorne } TTES'~': , e ~'~'1 ~ ,~~ ~, Planning ~ echm'~ian, Natalie Thomas • P & Z Minutes Marcb 28, 1993 Page 4 Registration Form • (For persons who wish to address the Commission) Date of Meeting ~~ I K~ 1 Agenda Item No. ~ Name ~ ~.~~~~ .~ ~ ~~~ ~...~5 ~~% ~~~ Address ~ t ~ ~ R.1 ,. ,k ! ~<', If speaking for an organization, Name of organization: Speaker's official capacity: '~ . « ' , ~.' r,,. Subject on which person wishes to speak: -~ Please remember to step to the podium as soon as you are recognized by the chair, hand your completed registration form to the presiding officer and state your name and residence before beginning your presentation. If you have written notes you wish to present to the Commission, PLEASE FURNISH AN EXTRA COPY FOR PLANNING FILES. Registration Form • (For persons who wish to address the Commission) .-- Date of Meeting ~ r ~~~ ~ (~ ._ Agenda Item No. L Name ~~~..~(_ ~ ~~~ ~ ,l. ~~-i -C( ~ ~~ ,.. ~ ; ~. Address ~~ % + If speaking for an organization, Name of organization: ~ ~-- Speaker's official capacity: ~ Subjec~.on which person wishes to speak: Please remember to step to the podium as soon as you are recognized by the chair, hand your completed registration form to the presiding officer and state your name and residence before beginning your presentation. If yoga have written notes you wish to present to the Commission, PLEASE FURNISH AN EXTRA COPY FOR PLANNING FILES. Meeting Date ~ ~ ~ ~,` ~~-~ Agenda Item No. ~~" THE STATE OF TEXAS ((~~ § AFFIDAVIT COUNTY OF iJ 1"Q_ 2, o S I, ~-- Q,r-r- ~R2107'T as a member of the P ~' 7i' make this affi avit and hereby on oath state the following: I, and/or a person or persons related to me, have a substantial interest in a business entity that would be peculiarly affected by a vote or decision of the P t~'7i as those terms are defined in Article 988b, V.T.C.S. The business entity is L. ( wi c~ r P_S /)'1 AR 1 fl% i /~~,~,a.es 1~ ~c~. ~ok /fl ~(G ~' S 77d''~Z (name and address) r- 0 (have/has) a substantial interest in this ("I" or name of re tive and relationship) business entity for the following reasons: (check all which are applicable). Ownership of 10$ or more of the voting or shares of the business entity. Ownership of $2,500 or more of the fair market value of the business entity. Funds received from the business entity exceed 10$ of 'ncome for the previous year. (my, her, his) ~,,~~~/ Real property is involved and _~_ (have/has) an equitable or legal (I, he, she) ..... ownership with a fair market value of at least $2,500. r A relative of mine has a substantial interest in the business entity or property that would be affected by a decision of the public body of which I am a member. Upon the filing of this affidavit with the City Secretary, I affirm that I will ab- stain from voting on any decision involving this business entity and from any further participation on this matter whatsoever. TITL BEFORE ME, the undersigned authority on this day personally appeared ~- ~~~~ `~ ~~~~~~~`~ \~~~~ and on oath stated that the facts hereinabove stated are true to the best of his/her knowledge or belief. ~ r-, Sworn to and subscribed before me on this .~''~ day of ~\~~~~ ~~~~ , 1 ~__ ~~'_ ~`~~~- ~~ ~~Ckfi_C, +~~~~ NOTAR PUBLIC Notary Public in and for the State of Texas State of Texas ~',~.~~ Comm. Exp. 041A•g7 c`- My commission expires - ~~ THIS AFFIDAVIT MUST BE FILED WITH THE CITY SECRETARY FOR THE CITY OF COLLEGE STATION Rev. 6/89 • • Punning ~' Zoning Commission Cue<st register ~; ~; ,~ 'Dote ~'~/%/f''' t ~ Jr ~ -i ' arr~e, , ;~1 ~f riress ~ ~ 1 • l~ I 1. 1 ti ,ice Y -. T 6 ~r ~ Ir l~ ~r' ~~ i~ e= ~ 'C', ` r j ,( ~~ P \~\~ i (mac .1 1 ~' ~- . ~ a . . - ~- ~ _, - - ,. _:, ., u / ' ' -.~ G S / . ---• -. / I r _- _ c.; a~ / ~ `` ~ ~ ~~ h ~I ~. 14. ~ I r ~ " ~ i , .- rl `~ ~./'I ~ { ~' •' ~ Y ~ ,. J ~J I I~, ~ -r:~ -k``., !~~ > ~: ~ .) ~; ~ ~ t~ ~ ;. ~ ' ' v ,~ ~ .._~ ,, . - - - r _ ~( ~ ~ S 18. ~ t ~' "~ ~ _ -~-- 1 ~_ ~ ~%~ ~ ~ , ~~ C- r I /~ ~~ i ~, _ ,~ 23. ,~ , ~ ~ ~ ~~ ~ ~' ~ _/ ~I l 1 r ~: ~ ~ ,/ -,_ -~ t _ `~~ , }