HomeMy WebLinkAbout03/05/1998 - Minutes - Planning & Zoning CommissionMINUTES
Planning and Zoning Commission
CITY OF COLLEGE STATION, TEXAS
March 5, 1998
7:00 P.M.
COMMISSIONERS PRESENT: Chairman Massey, Commissioners Garner, Silvia, Parker, Rife,
Gribou, and Lightfoot.
COMMISSIONERS ABSENT: None.
STAFF PRESENT: Senior Planner McCully, Staff Planner Battle, Transportation Planner
Hard, Staff Assistant Charanza, and Assistant City Attorney Robinson.
AGENDA ITEM NO. 1: Approval of minutes from the meeting of February 19, 1998.
Commissioner Rife moved to approve the minutes from the meeting of February 19, 1998 as written.
Commissioner Silvia seconded the motion which passed unopposed (7-0)
• AGENDA ITE
M NO. 2: Public hearing and consideration of a Conditional Use Permit for a
proposed Restaurant and Nightclub to be located in the Chimney Hill shopping center at 701
University Drive. (98-701)
Staff Planner Battle presented the staff report and stated that the proposed restaurant and nightclub
would be housed in the Chimney Hill shopping center. The center contains 76,818 square feet of space
and is occupied by several businesses. Approximately 43,561 sq. ft is currently vacant. The applicant
intends to use the large 41,321 sq. ft vacant space for several uses including office space, warehouse
space, and a restaurant and nightclub. The restaurant/nightclub use requires a conditional use permit.
Mr. Battle explained that the property is zoned C-B commercial and is entirely surrounded by other
commercial uses zoned C-1 and C-B. The closest residential properties are the condominiums in
Chimney Hill which are more than 400 feet away. There are not churches or schools within 1000 feet.
Mr. Battle explained that because this is a shopping center with shared parking, the size of the
restaurant/nightclub use will be limited by the existing parking. When a restaurant or nightclub use
exceeds 25% of the shopping center floor area, then it is required to provide additional parking. He
stated that this shopping center is required to have 384 spaces, however 451 spaces exist. By taking
into account the 64 spaces that exist in excess of the required number, this use can have a maximum size
of 18,385 sq. ft and meet the minimum ordinance requirements. The addition of parking spaces in the
future could allow for the expansion of this use if such an expansion is approved by the Commission.
Because this business will have a different time of use, most of the other businesses in the center should
not be impacted by the additional parking generated by the proposed use.
P&ZMinutes March S, 1998 Page 1 of4
Mr. Battle explained that Section 14 of the Zoning Ordinance authorizes the existence of conditional
uses. The Commission may permit a conditional use subject to appropriate conditions and safeguards,
when after public notice and hearing the Commission finds that: (Staff comments are in italics)
• 1. "The proposed use meets all the minimum standards established in the ordinance for the type of use
proposed." This use meets all of the minimum ordinance requirements.
2. "That the proposed use meets the purpose and intent of the ordinance and is in harmony with the
development policies and goals and objectives as embodied in the Comprehensive Plan for the
Development of the City." This use is in line with the Land Use Plan.
3. That the proposed use will not be detrimental to the health, welfare, and safety of the surrounding
neighborhood or its occupants, nor be substantially or permanently injurious to neighboring
property." The public hearing is an opportunity for the Commission to measure the potential
impact on surrounding land uses.
"The Commission may impose additional reasonable restrictions or conditions to carry out the spirit and
intent of the ordinance and to mitigate adverse effects of the proposed use. These requirements may
include, but are not limited to, increased open space, loading and parking requirements, additional
landscaping, and additional improvements such as curbing, sidewalks and screening." Unless the public
hearing brings to light any new information indicating potential negative impacts, Staff recommended
approval.
Approximately 20 notices were mailed to property owners within 200' of the subject property. A letter
• of opposition was received on March 5, 1998 prior to the meeting.
Chairman Massey opened the public hearing.
Mr. Neely Lewis, Attorney representing the property owner, explained that this area needs a fine dining
establishment because the city of College Station is growing. There are a number of new businesses and
hotels coming to town. He explained that this would be the perfect opportunity and location for an
upscale dining and entertainment center. He said that this establishment would not really be a "night
club", but is being classified as one due to the definition in College Station's Zoning Ordinance. The
proposed restaurant can host dinners/receptions, weddings, banquets, and conferences. He said that the
proposed portion of the building has been vacant and it needs to be put to good use. The plan for this
establishment is to provide an upscale dining and multi-purpose entertainment establishment. The
restaurant would be open late for dining on weekends. There would be responsible, trained, TABC
certified staff and a professional security staff, possibly off-duty police officers.
Commissioner Gribou wanted more specifics explaining what types of entertainment was proposed.
Mr. Lewis said that the concept is to create a "sports bar" type establishment with fine dining and
entertainment. He explained that live music is not in the plan.
Commissioner Garner expressed concern about the flow of traffic through the center. Mr. Neely said
that the peak time for the restaurant would be evenings at which time, the other businesses in the center
are closed. He explained that parking issues and traffic should not be a problem.
• Chairman Massey closed the public hearing.
P&Z Minutes
March S, 1998
Page 2 of 4
Commissioner Silvia moved to approve the conditional use permit. Commissioner Parker seconded the
motion which passed unopposed (6-0-1). Commissioner Lightfoot abstained from the vote and
• discussion.
AGENDA ITEM N0.3: Consideration of a rezoning request for approximately 2.9 acres located
on the southwest corner of Luther and Jones Butler, Lot 4, Block 1 of the Melrose Subdivision
from R-5 Apartments Medium Density to C-1 General Commercial. Commission held the public
hearing and deferred action on this item at the regular meeting held on February 19, 1998. (98-
101)
Senior Planner McCully reminded the Commission that the reasons for deferring action on this item was
to give the applicant more time to submit additional information so that a determination could be made
whether or not aPDD-B designation would be appropriate. The applicant submitted a letter outlining
specific uses and a concept plan. The original request for C-1 had the potential for incompatible land
uses and therefore staff recommended a less intense commercial district. The PDD-B designation, as
described by the applicant's letter, would meet their needs and would ensure a cohesive approach to
development within the area. The applicant is prepared to restrict the uses to a more narrow range than
would be permitted under the C-1 zoning. The City is in a position to agree to this more narrow list and
would be able to restrict the uses if the property is zoned PDD-B. Ms. McCully explained that in order
to grant a PDD, the Commission must find that the following standards are met:
1. The proposal will constitute an environment of sustained stability and will be in harmony with the
character of the surrounding area.
• 2. The proposal is in conformity with the policies and goals and objectives of the Comprehensive Plan.
3. The proposal will not adversely affect adjacent development.
The following uses were requested by the applicant:
1. All A-P uses;
2. General retail and service;
3. Restaurant and drive through eating establishments;
4. Convenience store;
5. Arcade;
6. Cleaners with onsite cleaning facilities;
7. Gasoline and service station with car wash.
Staff recommended approval of the PDD-B zoning designation.
P&Z Minutes March S, 1998 Page 3 of4
Mr. Chuck Ellison, representative for the Melrose Subdivision, explained that the applicant does not
want the intense uses associated with C-1, the reasons they were requesting the C-1 zoning was to
• move forward with the project. He explained that PDD-B would accomplish all of the applicant's
requests.
Commissioner Rife moved to recommend approval of the PDD-B with the uses requested by the
applicant. Commissioner Gribou seconded the motion which passed unopposed (7-0).
AGENDA ITEM NO. 4: Other Business.
There was no other business.
AGENDA ITEM NO. 5: Adjourn.
Commissioner Silvia moved to adjourn the meeting of the Planning and Zoning Commission.
Commissioner Parker seconded the motion which passed unopposed (7-0).
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ATTEST: `~
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Staff Assistant, Debra Charanza
•
P&Z Minutes March S, 1998 Page 4 of 4
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