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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. 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