HomeMy WebLinkAbout03/20/1997 - Minutes - Planning & Zoning CommissionMINUTES
Planning & Zoning Commission
CITY OF COLLEGE STATION, TEXAS
March 20, 1997
7:00 P.M.
COMMISSIONERS PRESENT: Chairman Hawthorne and Commissioners Lightfoot, Massey,
Parker, Garner, Gribou and Smith.
COMMISSIONERS ABSENT: None.
STAFF PRESENT: City Planner Kee, Planning Technician Ruiz, Assistant to the City
Engineer Homeyer, Senior Planner McCully, Assistant City
Attorney Reynolds, Staff Planner Battle, City Engineer Laza and
Development Coordinator Volk.
•
AGENDA ITEM NO. 1: Approval of minutes from the meeting of March 6, 1997.
Commissioner Gribou moved to approve the minutes from the meeting of March 6, 1997 as written.
Commissioner Massey seconded the motion which passed unopposed (7 - 0).
AGENDA ITEM NO. 2: Public hearing to consider a request for a conditional use permit for use
only for a church to be located at the corner of Lakeway and Venture. Applicant is Trinity
Presbyterian Church. (97-701)
City Planner Kee presented the staff report and stated that the subject property is zoned C-1, General
Commercial. It is located in the southwestern Pebble Creek area at the corner of Lakeway and Venture
across the street from Pebble Creek Elementary School. It is surrounded by vacant C-1 and A-P
property to the north, west, and east, and there is vacant M-1 property that is the site of the College
Station Business Center to the south. The staff generally does not make recommendations in
conditional use permit cases. A site plan will need to be presented to the Commission at a later date for
approval.
Chairman Hawthorne opened the public hearing. Seeing no one to speak in favor of or in opposition to
the request, he closed the public hearing.
Commissioner Lightfoot moved to grant a conditional use permit for the use only of a church to be
located at the corner of Lakeway and Venture. Commissioner Gribou seconded the motion which
passed unopposed (7 - 0).
AGENDA ITEM N0.3: Public hearing to consider a request for a conditional use permit for a
• wireless telecommunications tower (use and site plan) behind an existing office building at 2106
Southwood Drive. Applicant is AT&T Wireless. (97-702)
Senior Planner McCully presented the staff report and stated that the subject location is a 1200 square ft
leased site of Lot 39FR in the Southwood subdivision. The lot is currently zoned C-1 and includes a
retail shopping center and offices that are east of the proposed tower location. To date, several cell
towers have been approved by the P&Z as conditional uses. These have all been located in the
undeveloped areas of the City. The needs of the industry are resulting in additional sites being sought in
the urbanized area of the City. Such uses are listed as conditional uses in most of the City's commercial
zoning districts. Staff generally does not make recommendations regarding conditional uses. Should
the Commission find that the subject site is suitable for the proposed use, staff recommends that
approval be conditioned on all Project Review Committee (PRC) comments. The PRC reviewed the
site plan on March 5 and recommended that there be a wooden screening fence installed around the
perimeter of the lease site (the letter describing the site states that a chain link fence with slats will be
installed, which has not been accepted by the City as appropriate screening materials) and that the
driving surface leading to the site be paved (the site plan currently shows gravel, which does not meet
City standards). Fourteen surrounding property owners were notified of the request with no response.
Chairman Hawthorne opened the public hearing.
Applicant David Baylor of Sisk and Associates approached the Commission and explained that he is
responsible for site acquisition for the proposed tower. Since the application was submitted, the
engineering department has determined that the tower must be 150' tall instead of the 100' originally
requested in order to provide adequate coverage. The existing urban site in Bryan is not adequate to
provide coverage for the entire Bryan/College Station area. The proposed tower will help fill in some
gaps and provide better service during peak hours. There will be a locked gate installed around the
lease site. The rungs around the lower 20' of the tower will also be removed for security reasons. The
pole itself is serviced approximately once or twice a month to make sure it is operating correctly. The
tower is not required to be lit since it is under 200' in height and not within close proximity to the
airport. Mr. Baylor stated that they normally look at placing the towers on existing commercial
buildings; however, there were no buildings within this service area that would support the tower. He
stated that he tried to obtain leases with other property owners within this area but many of them did
not want to encumber their vacant land with a lease.
Steve Bradley informed the Commission that his family owns and operates the Southwood Apartments
immediately adjacent to the proposed tower. He stated that he is not opposed to the request; however,
he would like more technical information. Mr. Bradley expressed concern of the appearance and safety
of the 150' tall tower so close to an existing residential neighborhood.
Chairman Hawthorne closed the public hearing.
Commissioner Lightfoot moved to grant a conditional use permit for a wireless telecommunications
tower at 2106 Southwood Drive with the Project Review Committee recommendations and the
condition that a wooden screened fence acceptable to City standards be placed around the perimeter of
the tower and the driving surface be paved to city standards. Commissioner Massey seconded the
motion.
P & Z Minutes March 20, 1997 Page 2 of 7
• Chairman Hawthorne expressed concern for establishing a precedence from the standpoint of allowing
such a tower to be placed so close to an existing residential area. With current technology, it appears
that the proposed tower could be placed on an existing structure or other land available. Chairman
Hawthorne stated that he hopes that the applicants have found the least obtrusive location for the tower
within their service area. He stated that if a tower is proposed closer to a residential area, there will be
a lot of scrutiny of future conditional use permits.
Commissioner Parker agreed and stated that he would prefer to see the tower relocated away from the
existing residential neighborhood. He stated that he would like to see the applicant further investigate
other locations within the area so that it does not negatively impact the adjacent neighborhood.
Commissioner Lightfoot stated that everyone is concerned with the aesthetics of residential
neighborhoods; however, only one owner in this area has expressed a concern and that was more of a
request for information. He stated that the proposed tower is more aesthetically pleasing than the
existing line of power poles.
Commissioner Gribou stated that he agrees and would rather see the tower than a string of power poles
in terms of aesthetics.
The motion to grant the conditional use permit passed (6 - 1); Commissioner Parker voted in opposition
to the motion.
AGENDA ITEM NO. 4: Public hearing to consider a request for a conditional use permit for a
nightclub (use and site plan) to be located in an existing ware house at 305 Marion Pugh Drive.
Applicants are Hans Betten and Tracy Moody. (97-700)
Chairman Hawthorne explained that he and Commissioner Gribou will abstain from considering this
agenda item due to a conflict of interest. Commissioner Lightfoot will chair the remainder of the
meeting.
Senior Planner McCully presented the staff report and stated that the subject property is located
between Marion Pugh and the railroad tracks near McDonald's. The zoning permits all industrial and
commercial uses, either as uses by right or as conditional uses. Surrounding property has been
underutilized due in part to the railroad and to sewer constraints. The issues typically involved in a
night club request include noise (both from patrons in the parking lot and from loud music), overflow
parking, and unfavorable conduct of patrons leaving the establishment (littering, trespassing, etc.).
Complaints often come from residents living near night clubs. Some have come from commercial
tenants and customers when overflow parking occurs on adjoining commercial sites. Surrounding uses
include vacant and industrial uses in the immediate area with residential uses across the street to the east
and west. There is a single family residential neighborhood located across the railroad tracks east of
Wellborn Road. Several residents of this neighborhood have expressed opposition. The Treehouse I,
Treehouse II, and Treehouse Village apartment complexes are located to the west across Marion Pugh.
The management of one of the complexes has expressed concern. The applicant plans to maintain an
establishment with no dance floor or live band activity. The applicant also intends to monitor the
parking lot to prevent trespassing, loitering, littering, and excess external noise. The applicant will be
required by ordinance to upgrade the site to accommodate additional parking.
P & Z Minutes March 20, 1997 Page 3 oj7
Senior Planner McCully stated that the site plan was reviewed by the Project Review Committee on
March 12, 1997. The site plan will require a variance request before the Zoning Board of Adjustment
for the number of parking spaces. It will also necessitate a variance for the fire lane width from the
Construction Board of Adjustment. Council has also adopted the goal of protecting residential areas.
There is a wide range of uses that would be permitted on this property that could contribute as much or
more to the traffic in the area. This potential is due to the zoning on the property and not to the specific
request for a nightclub. The Commission has the authority to regulate characteristics that are generally
attributable to nightclub uses. If the Commission opts to approve the permit, Staff recommends that
approval of the nightclub be conditioned on the following:
(1) That the nature of the business remain similar to the use as described by the applicant
and that any new activities such as dance floors and live bands be brought back to the
Commission for review.
(2) That the parking lot be monitored against littering, loitering, loud noise from the
parking lot, and trespassing on adjoining properties.
(3) That the building be equipped with soundproofing materials
(4) That all PRC comments be included on the site plan and there is favorable action by the
ZBA and the Construction Board of Adjustment.
Senior Planner McCully stated that the Commission denied the requested permit on February 6, 1997.
The stated reasons for denial included concerns that the nightclub would have a negative effect on the
• residents of the area and that it would attract pedestrian traffic across Marion Pugh during late hours.
Commissioner Lightfoot opened the public hearing.
The following people spoke in favor of the request:
Hans Betten
Jeffrey McDonald
Tracy Moody
Wayne Euston
The following concerns were expressed:
1518 Oakview
1106C Welsh Street
1030 B Crystal Brook
2701 Longmire
(1) There have been comments made regarding the character of the applicants that are
completely false.
(2) In an effort to address the Commission's concern regarding pedestrian traffic, an 8' tall
cedar fence is proposed along three sides of the building to keep people from having
direct access to Wellborn Road. The fence will also help screen noise and lights from
the proposed parking lot.
(3) Parking monitors will be hired to pick up trash and supervise the parking lot to make
sure people are not disruptive.
P & Z Minutes
March 20, 1997
Page 4 of 7
(4) The Traditions night club is not a dance club or a live concert club. The applicants
propose fifty-two 4' x 4' tables where you can sit, eat, play dominos, play cards and
listen to music. The music will be low enough so that people will be able to have a
• conversation 4' away. Once the building is renovated, the wood walls will also help
control noise.
(5) The proposed night club is based on the traditions of Texas A&M and College Station
including bonfire, football, fraternities, corps of cadets, railroad, etc. The use will help
promote tourism and give tourists a place to visit when they are attending sporting
events or the George Bush Library.
(6) The noise of the night club cannot be any worse than the noise created by the trains in
the area.
(7) Preparations are being made to address the trash issue in the area. Not only will the
site be monitored for trash but the applicants have looked into adopting Marion Pugh
through the "Adopt A Street" program.
(8) The TABC is responsible for licensing the applicants and if someone is allowed to leave
the night club drunk, they could lose everything.
The following people spoke in opposition to the request:
Norma Miller
• Treehouse Apts. Manger, Lorri Cunningham
Ms. Marion Pugh
Bill Bingham
Carol Edwards
Lia Green
The following concerns were expressed.•
504 Guernsey
200 Marion Pugh
601 Fairview
404 Fairview
lives near Brison Park
200 Marion Pugh
(1) Allowing a night club in this area with the associated noise, trash and safety concerns
will not preserve the neighborhood integrity that the City has agreed to preserve. The
use is being sandwiched between two residential neighborhoods, apartments and
railroad tracks. The proposed night club will be located in the middle of a historically
preserved neighborhood and near a church.
(2) The use will substantially increase traffic in an area that can only be accessed by George
Bush Drive and substandard streets such as Luther and Jones-Butler Road to
Holleman. Overflow parking will occur along Marion Pugh and in the adjacent
apartment complexes.
(3) Safety is a major concern both for the pedestrians in the area and residents of the
apartment complexes.
• (4) A commercial business should be allowed in the area that is more conducive to the
surrounding residential development with more reasonable hours.
P & Z Minutes
March 20, 1997
Page S oj7
(5) The applicants have ignored the Commission's direction to stop working in the existing
building. A party was held at the building with many kegs of beer and a $5 admission
fee per person. The police were called three times after 1:00 a.m. concerning the loud
• noise.
(6) If the conditional use permit is granted, the civic pride listed in the "Visions of the 21st
Century" is destroyed.
(7) If the applicants would consider serving only non-alcoholic beverages, the residents
may be more willing to work with them to allow the proposed night club. The
combination of alcohol and the close proximity of the railroad tracks is a safety
concern.
Senior Planner McCully explained that she worked with the Police Department and found that there
were several calls on January 31, 1997 related to the west side of Marion Pugh; however, they do not
appear to be related to the fund-raiser that was held in the existing building. The fund-raiser was over
at 1:00 a.m. and the applicants have said that admission was not charged.
Commissioner Lightfoot informed Ms. Miller that he appreciated her input and written comments
associated with the use permit. However, in one of the letters by Ms. Miller that was distributed to
several departments and Councilmen, he was misquoted. Commissioner Lightfoot suggested that Ms.
Miller verify future quotes with himself or refer to the tapes of the meeting in order to convey the
correct information.
• The following people spoke concerning the request (not in opposition or in favor):
Kathleen Naylor 101 Fidelity
Dennis Maloney 803 Welsh
The following concerns were expressed:
(1) The Wellborn Road corridor must be addressed to handle the future growth in the area.
Conflicts such as the preservation of the south side area, the traffic along Wellborn
Road commercial pressures in the area and the rail road tracks must be resolved.
(2) The subject property will develop commercially at some point in the future. If the
applicants are truly out to preserve the Aggie traditions and create a low keyed facility
for tourists, it could be an asset to the community. However, if a typical Northgate bar
is planned, it will be detrimental to the community.
(3) The main concern for the proposed night club and the entire west side is safety and the
existing railroad tracks. If there is a way to ensure that patrons will not leave the night
club intoxicated, the use may be acceptable.
Commissioner Lightfoot closed the public hearing.
• Commissioner Garner moved to deny the conditional use permit request for the Traditions night club at
305 Marion Pugh. Commissioner Parker seconded the motion.
P & Z Minutes March 20, 1997 Page 6 of 7
Commissioner Garner stated that she still has the same safety concerns expressed at the previous
meeting. She commended the applicants on their hard work and efforts to develop in College Station;
• however, safety and neighborhood integrity are the two overriding issues.
Commissioner Massey stated that he admires the energy and hard work on behalf of the applicants;
however, it is just being directed at the wrong place. The proposed business could be an asset in
another location. There are some substantial problems in the area that need to be addressed to maintain
the integrity of the South Side neighborhood and handle the pressures of the George Bush Library.
However, the safety issues involved in granting such a conditional use permit at this location are too
great.
Commissioner Lightfoot stated that it is not the charge of the Commission to act on anyone's reputation
or previous experience. It is the Commission's responsibility to consider the request and its impact that
it may have on the surrounding property owners and the city as a whole.
Commissioner Smith stated that he voted for the use permit last time but will vote to deny the request
tonight. There has been additional information presented and more input from the surrounding property
owners at this meeting. The decision to deny the request has to deal with the merits of this case,
including the safety issues, and not the comments made concerning the character of the applicants.
Commissioner Parker stated that the safety issue has been the overriding issue all along with the
location of the railroad tracks. The business seems like it could be successful elsewhere in the
community, away from the tracks.
• The motion to deny the conditional use permit passed (5 - 0 - 2); Chairman Hawthorne and
Commissioner Gribou abstained.
AGENDA ITEM NO. 5: Consideration of a final plat for the Brazos Village Subdivision which is
located along State Highway 6 between Rock Prairie Road and Birmingham Road. (97-207)
This agenda item was removed prior to the meeting at the request of the applicant.
AGENDA ITEM NO. 6: Other business.
There was no other business.
AGENDA ITEM NO. 7: Adjourn.
Commissioner Massey moved to adjourn the meeting of the Planning and Zoning Commission.
Commissioner Lightfoot seconded the motion which passed unopposed (7 - 0).
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P & Z Minutes March 20, 1997 Page 7 of 7
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