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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). / .-, - __ . T• • Pla 'ng Technician, N ie Ruiz APPR~, D • G~~GZ ~G~ '~~Z~~C~~~ c !/71-_,C-heir ~rwtfivt~te- P & Z Minutes March 20, 1997 Page 7 of 7 • Registration Form (For persons who wish to address the Commission) Date of Meeting 3~ ~ ~' / / Agenda Item No. _~ ~, Name '~.~~.~~ ~ .-k ~ Lam,/ ~;1,~,~...~.,. ~~--~~:J Address ~~ <~ ! ~'~ If speaking for an organization, Name of organization: Speaker's official capacity: Subject on which wishes to speak: .se remember to step to the podium as soon as you are cognized 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 ersons who wish to address the Commission ( p ~~~-~ Date of Meeting - ' Agenda Item No. "' r~ Name `~r , ~ ~ ~, ; r. ,; ~, L -r _ Address ~ ~-~ ~ ~ _ ~ ~ ~ ' If speaking for an organization, Name of organization: w Speaker's official capacity:. a ~~ Jt,'.~x - ~_~ C i_' ' i- ~ ~~ ~ f t: ,; p~ /'~-~(. -i~Jt_. ~Ci.- ~ ` ~ e+ ~'~~°- r C _<.~ ~" a Subject on which person wishes to speak: ~ se remember to step to the podium as soon as you are cognized by the chair, hand your completed registration form to the presiding officer and state your name and residence before beginning your presentation. 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