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HomeMy WebLinkAbout05/18/1995 - Minutes - Planning & Zoning CommissionMINUTES • Planning & Zoning Commission CITY OF COLLEGE STATION, TEXAS May 18, 1995 7:00 P.M. COMMISSIONERS PRESENT: Acting Chairman Hall and Commissioners Lane, Smith and Gribou. COMMISSIONERS ABSENT: Chairman Hawthorne and Commissioners Garner and Lightfoot. STAFF PRESENT: City Planner Kee, Senior Planner Kuenzel, Assistant City Engineer Morgan and Planning Technician Thomas. (Council Liaison Mariott was in the audience.) AGENDA ITEM NO. 1: The Consent Agenda consists of non-controversial or "housekeeping" items required by law. Items may be removed from the Consent Agenda • by any citizen, City staff member, or Commissioner by making such a request prior to a motion and vote on the Consent Agenda. (l. l) Approval of minutes from the meeting of May 4, 1995. (1.2) Consideration of a final plat of the Brown Addition. (95-215) (1.3) Consideration of a final plat of the Deuel Addition. (95-216) (1.4) Consideration of a final plat of the Post Oak Forest Addition. (95-217) (1.5) Consideration of a final plat of the Polar Bek Subdivision. (95-218) Assistant City Engineer Morgan requested that consent agenda item 1.2 be removed from the consent agenda. The remaining consent agenda items 1.1, 1.3, 1.4 and 1.5 were approved unanimously by consent. Assistant City Engineer Morgan informed the Commission that a 10' public utility easement must be added along the west property line of lot two of the Brown Addition to provide electrical service to the site. Staff recommended approval of the final plat with the conditions outlined in the Presubmission Conference report and the additional 10' public utility easement. • Commissioner Gribou moved to recommend approval of the final plat of the Brown Addition with staff recommendations. Commissioner Smith seconded the motion which passed unopposed (4 - 0). AGENDA ITEM NO. 2: Public hearing to consider a conditional use permit for the Holy Cross Lutheran Church to expand their existing facilities located at 1200 Foxfire • Drive. (95-702) Senior Planner Kuenzel presented the staff report and informed the Commission that the church was originally constructed before the site was within the city limits. The proposal is to expand the facility from 6087 square feet to 9887 square feet and to bring the parking lot up to code. Phase one of the expansion will include the addition of 3800 square feet, the upgrade of 102 parking spaces and the use of the existing gravel drive for a maximum of one year. The existing gravel drive will also require approval from the Fire Department as a fire lane. An all weather surface and appropriate signage will be necessary at all times, and the fire lane must be maintained until the second phase of the project. Phase two will include the upgrade of the existing gravel drive from the end of the new paved section to Foxfire Drive and the construction of forty additional parking spaces on either side of the drive. The easterly portion of the site is reserved for future expansion that will need to return to the Commission for review. Phase one parking will exceed the ordinance parking requirement by sixty-nine spaces. Twelve surrounding property owners were notified of the public hearing with no response. Acting Chairman Hall opened the public hearing. Engineer Mike Hester of Hester Engineering approached the Commission and offered to answer any questions pertaining to the proposed expansion. Acting Chairman Hall closed the public hearing. • Commissioner Gribou moved to grant a conditional use permit for the Holy Cross Lutheran Church to expand their existing facilities located at 1200 Foxfire Drive with the comments outlined in the Project Review Committee report. Commissioner Smith seconded the motion which passed unopposed (4 - 0). AGENDA ITEM NO. 3: Public hearing to consider a conditional use permit request for the Palazzo Theater to allow a theater, dinner theater, live music and foreign films at 226 Southwest Parkway, previously The Globe and Schulman Theater. (95-703) Senior Planner Kuenzel presented the staff report and informed the Commission that conditional use permits do not run with the property but rather with the users of a particular site. The previous users, KSK Entertainment, did not meet all of the conditions that were placed on them when the use permit was approved two years ago. One of those conditions included annual review by the Commission, which was placed on the list of conditions in an effort to ensure that noise would not be a problem for the abutting trailer home park residents. The annual review condition as well as several other conditions were not satisfied by the previous users. The new use is therefore required to receive Commission review. The applicant in this case is the operator of the Stafford Opera House, which is located in downtown Bryan. The use of the Schulman property will include theaters in both wings of the former theater with live music and entertainment in the main portion. The entertainment portion of the business necessitates the use permit. The Commission has the discretion to allow the use, deny the use as a night club, or approve with conditions. The Commission also has the discretion to require similar conditions that were previously required by the City Council if they are included in the motion to approve the • use permit. Thirteen surrounding property owners were notified of the public hearing with no response. P & Z Mirrrites May 18, 1995 Page 2 of S ~• • Acting Chairman Hall opened the public hearing. Applicant Thanh Nguyen informed the Commission that he is aware of the problems with the previous tenants with respect to noise, etc. However, he plans a different concept for the site including dinner theater, foreign films, plays and live entertainment. The live music will include folk music, country, blues and some alternative music. The live music will be located in the east portion of the building instead of in the middle wing so that the noise does not escape the building every time the front door is opened. Instead of targeting teenagers and younger crowds, Mr. Nguyen stated that he intends to target a more middle class, student/professional group so there are not as many problems with security. Security will be provided during operations especially in the parking area so that it is monitored at all times. Mr. Nguyen also informed the Commission that there will not be a dance floor. Owner of the subject property Steve Hartnett of 4504 Winewood Court in Colleyville, Texas approached the Commission and stated that the last applicant spent approximately $75,000 in engineering work to bring the building up to current standards. Mr. Hartnett explained that he was unaware of the problems with the previous tenant until there were various complaints and citations. He stated that once he found out about those problems, he immediately evicted the tenants. Mr. Hartnett recommended that the Commission approve the request with a condition that would prevent reoccurring violations such as increased punitive damages. He stated that he is willing to add the same conditions to the lease agreement so that the tenant could not afford to let things get out of hand. Mr. Hartnett concluded that he is willing to provide extra sound proofing, security fences or whatever it takes to satisfy the surrounding property owners and the Commission. The following property owners spoke in opposition to the conditional use permit: Myra Kahan 314 C Meadowlark, Adjacent Property Owner Simon Kahan 314 C Meadowlark, Adjacent Property Owner Ava Williams 301 Krenek Tap, Manager Oak Forest Mobile Home Park The following comments were made by the property owners: (1) While a dinner theater of foreign film theater would be acceptable, the live music and night club is not. The live music will draw the same type of crowd as before with the same problems. (2) Security is a major concern with the adjacent mobile home park. With the previous night club, patrons of the club would jump the security fence and walk through the park at night. (3) Trash is also a concern. With the previous night club, there was always trash and beer bottles around the parking lot and adjacent areas. (4) Noise is a major concern both from the live music and activity in the parking lot. The music from inside The Globe would vibrate the windows in the mobile home park. C Acting Chairman Hall closed the public hearing. Commissioner Gribou moved to grant a conditional. use permit for the Palazzo Theater to allow a theater, dinner theater, live music and foreign films at 226 Southwest Parkway with the following conditions: P & Z Minutes May 18, 1995 Page 3 of S Original conditiont~laced on the cof~drtional 1~se permit Ap~•il 8, 1993 • (1) Continuation of the screening fence with a gate along the rear of the property, included on the gate a heavy duty combination lock. (2) Curbing along the perimeter of the parking lot. (3) Repair of the parking lot and curbing as well as compliance with the landscaping plan. (4) Landscaping plan to include shrubbery. (5) Buffer zone (a fence) 50' from the trailer park in accordance with the plans prepared by the applicant. (6) Parking lot monitoring specifically a daily clean up after operating hours. (7) Security guard on duty for the operating hours. (8) Annual review of the conditional use permit. (9) Direct staff to develop arrangements for shrubbery and/or a stockade fence or other screening buffers as necessary to resolve the concerns of the child care center. Additional conditions (10)Additional acoustical treatment must be used to ensure that the noise level • will not exceed the acceptable legal limits. (11)Direct staff to determine if a condition can be placed on the permit to limit the number of offenses or violations. If there are a number of repeated offenses, the use permit can be pulled so that a number of violations will not occur before something is done. Commissioner Lane seconded the motion. Senior Planner Kuenzel stated that she will research the possibility of placing limits on the number of violations; however, she stated that since there will be an annual review of the use permit, those issues can also be addressed at that time. Acting Chairman Hall stated that he would be more comfortable tabling the item to allow staff to meet with the applicant and put together a checklist of what has and has not been done. The motion to grant the conditional use permit with the above mentioned conditions passed (3 - 1); Acting Chairman Hall voted in opposition to the motion. AGENDA ITEM NO. 4: Other business. Acting Chairman Hall questioned staff about the development at the corner of F.M. 2818 and the East Bypass. Assistant City Engineer Morgan stated that a site plan has not been submitted for that site to date; • however, there is fill permit to allow the dirt work that is going on there. At this point, staff does not know what is planned for that particular site. P & Z Minutes May 18, 1995 Page 4 of S r i~ AGENDA ITEM NO. 5: Adjourn. Commissioner Lane moved to adjourn the meeting of the Planning and Zoning Commission. Commissioner Smith seconded the motion which passed unopposed (4 - 0). 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