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HomeMy WebLinkAbout02/17/2000 - Minutes - Planning & Zoning CommissionMINUTES Planning and Zoning Commission CITY OF COLLEGE STATION, TEXAS February 17, 2000 7:00 P.I. COMMISSIONERS PRESENT: Chairman Rife, Commissioners Hrin, Floyd, Warren, Parker, and Mooney. COMMISSIONERS ABSENT: Commissioner Kaiser. COUNCIL MEMBERS PRESENT: Council Member Mal n y. STAFF PRESENT: Senior Planner McCully, Staff' Assistant Charan a, Assistant Development Coordinator George, Grad Engineer Tndr, Transportation Planner Hard, Staff Planner Hitchcock, Staff Planner Jimmrsn, Staff Planner Anderson, and Assistant City Attorney Ladd. AGENDA ITEM N. 1: Hear Visitors Benito Flores- Meath, 941 Val Verde, urged the City to consider the requirement that rental property owners pay some sort of annual fee to the City to allow them to rent their properties. TheJoLlowing items were approved hy common consent, AGENDA ITEM N. : Consent Agenda. Agenda Item No. 2. 1: Approved of minutes from the Regular M ting held on February 3, 2000. Agenda Item No. 2.2: Approved the Final Plat for Holleman Village Addition Section Two, 5.168 acres located at the southwest intersection of Holleman Drive West and Jones Butler Road. (99 -21) REGULAR AGENDA AGENDA ITEM NO. : Public hearing and consideration of a Final Plat for Kap hind i to resubdivide two single - family residential lots into three single - family residential lots. -4 Senior Planner McCully presented the staff report and stated that the subject property is located in the Southside neighborhood, which is currently covered by a moratorium on building permits and one on final plats. The applicant submitted the final plat before the moratorium went into effect and is therefore P&ZMinutes February 1, 2000 Page I of not subject to their provisions. The replat is not considered a minor plat because a public electrical line must be extended to satisfy the Subdivision Regulation that all lots must have access to public utilities. Therefore the plat is subject to review by the Planning &Zoning Commission rather than staff review. The applicant is requesting one additional single family lot, which triggers the public hearing requirement and will require a parkland dedication fee to cover that additional lot. If the Commissioners find that the final plat complies with the Subdivision regulations and all other applicable codes, complies with the Comprehensive Plan, and provides adequate infrastructure, then the plat should be approved according to state statute requirements. Staff reviewed the plat and found compliance with all applicable requirements and recommends approval of the plat as submitted (all review comments were addressed on the revised plat). Ms. McCully explained that there were some calls from surrounding property owners in which they were opposed to density as shown on the plat. Chairman Rife asked if the applicant met all current lot size minimums on this proposed plat. Ms. McCully clarified that the shown lot sizes on the proposed plat meet the current ordinance requirements. Chairman Rife opened the public hearing. Mr. Charlie Szabuniewicz, the developer of the property, said that he was very sensitive to single family r He offered to answer any questions posed by the Commissioners. Chairman Rife closed the public hearing. Commissioner Floyd moved to approve the final plat as submitted. Commissioner Warren seconded the motion. Commissioner Warren expressed her concern that the use would impact the adjacent property owners. Chairman Rife called for the vote, and the motion to approve the final plat passed 4 -; Commissioners Warren and Moony voted in opposition to the motion. AGENDA ITEM NO. 4: Public hearing and consideration of a Conditional Use Permit, site plan and use, for a convenience store /gas station, Exxon k Dartmouth Crossing, to located at 2500 Dartmouth Drive. (00-8) Staff Planner Anderson presented the staff' report and stated that the proposal was to construct a 5,,605 square foot convenience store and an eight pump gas station at the southwest corner of Dartmouth Drive and Southwest Parlay. The property is currently zoned -ITT Neighborhood Business. Convenience stores and gas stations are not expressly permitted in a C -N district, but may be allowed under the provision listed "other uses to be determined by the Commission." All uses permitted in the -N district must ha their use, location, and site plan approved b the Commission. In November 19981 the Commission approved the conceptual site plan and use permit. However, since no building permits were pulled within 12 months of the previous approval, the November 1998 conditional use permit has expired. Except for the professional office located to the vest, developed or zoned residential districts surround the subject property on all sides. The abutting property to the south is currently an undeveloped R-5 Apartment Medium Density tract. Ms. Anderson explained that Neighborhood Business uses must meet the intent of the C -N district. The Zoning Ordinance defines the purpose of this district as, "... providing small commercial sites for residential convenience goods and personal service businesses. No use shall be allowed which would adversely affect the health, safety, P&ZMinutes February 1, 2000 Page 2 of welfare, or residential character of the neighborhood. The use shall be a low traffic generator and shall not create any noise, light, or odors abnormal to the neighborhood." The use must comply with the surrounding area that it serves. Chairman Rife asked if there could be restrictions on the hours of operation. Assistant City Attorney Ladd said that the Commission could place restrictions on the hours of operation. Mr. Rife also asked if the original conditions (from the review in November 1998) would be placed on this if approved. Ms. Anderson said that the Commissioners would need to specify that they intended for the original conditions to be placed on this review. Chairman Rife opened the public hearing. Mr. Rabon Metcalf, Muni ipal Development Group, stated that he was representing the applicant and would answer questions from the Commissioners. He reiterated that a Conditional Use Permit for this exact project was approved in November 1998, but time lapsed since no building permits were issued within the 12-month time period. He said that the proposal was for a convenience store, gas station, dry c lean e rs', and a small carryout dell. There was a question to staff from some Commissioners regarding the traffic generated at this site and what general traffic counts were usually used for convenience stores. Transportation Planner Hard pointed out that convenience stores were considered more of a "capturing site" rather than a generator of traffic. Gas stations and convenience stores usually attract traffic already traveling on the streets, it is highly rare that additional traffic would visit this site unless they currently travel the street. Mr. Parvls V ssall, 110 Pershing, explained that he was the developer for the project. He said that the proposed site plan was the same as the plan reviewed in November 1998, with the exception of some minor changes and additional parting. Commissioner Warren expressed her concern with the lighting of the facility and the signage and their effects on the surrounding residential areas. Mr. Vessali said that the lighting from this site would not impact the surrounding properties any more than the existing street lighting. He also expressed his concern that there would be some type of commercial development at this tract because of iYs C -N zoning. Ms. Anderson said that in C-N districts, the signs are required to be attached to the buildings; no freestanding signs are allowed. Commissioner Horlen asked what the anticipated number of cars visiting the facility and amount of gas to be sold had been discussed. Mr. Vessali said that this would vary depending on the time of day and time of year. Chairman Rife closed the public hearing. Commissioner Parker moved to approve the Conditional Use Permit. Commissioner Moony seconded the motion. Commissioner warren expressed her concern with a gas station located this close to single family. She felt that there were other retail uses that would not impact the residential as much. P&ZMinutes February 1, 2000 Page 3 of Commissioner Parker said that this type of use would be convenient to the residents in the surrounding residential areas. Some Commissioners felt this use did not meet the "substantially burden" test ( as discussed by the Legal staff' in the Workshop held earlier). Some felt that the use would adversely affect the surrounding property owners and it would impact on traffic. Other Commissioners did not see evidence that additional traffic would be generated, in which there would be an impact to the surrounding properties, and felt this location was a logical place for this type of use. Commissioner Parker said that there is always a possibility of increased traffic with any type of development, and this is a risk that sometimes has to be taken. He said that the question to be answered is whether or not this use is compatible with the location and surrounding property developments. Commissioner Moony said that he i h d the adjacent property owners would have cone to the meeting to express their concerns if any). He did not feel that this use would add to the existing traffic, but did feel that this use would be "convenience" for the neighborhood. Commissioner Warren wanted everyone to realize that this location is at a rather busy intersection, and although the site plan meets ordinance requirement there may still be a congestion problem. Chairman Fife called for the vote, and the motion to approve the permit failed -; Chairman Rife, Commissioners Farber and Mooney voted in favor of the motion, and Commissioners Warren, Floyd, and Horlen voted in opposition of the motion. AGENDA ITEM No. : Public hearing and consideration of a Final Plat for the Brentwood Subdivision Dots 18R and 2R, Bloch 2 located between Brentwood Dn* a and Southwest Parkwa (00-15) Staff Planner Jimmerson presented the staff report and stated that the subject property was zoned C -1, and is shown on the Land Use Plan as Retail Regional. The Thoroughfare Plan does not show any streets on this tract. Lot 2R is developed and has two access points to Southwest Parkway, one is a joint access with the property to the west. The rear of Lot 2R shows a 73.5 -foot wide private access and parking easement. The intent of this access is to provide the potential for joint or shared parking and possible cross access for the two lots. Any expansion of the credit union, or new development on Lot 18R will be required to fully comply with the zoning ordinance. Lot 18R is combining the remainder of the original Lot 2 and 13 smaller lots that front on Brentwood. Primary access to Lot 18R will be from Brentwood. Consolidation of the 13 existing lots will ensure better compliance with the City's driveway regulations. Staff recommended approval of the final plat with the condition that the electrical easement(s) are shown on the mylar. Chairman Fife opened the public hearing. Mr. Michael McClure, 9626 Brookwaterl, was present to answer any questions. He explained that the City requested that the blanket casement be located and configured, which was done and the applicant was satisfied with the conditions. P&ZMinutes February 1, 2000 Page 4 of Chairman Fife closed the public hearing. Commissioner Hrin moved to approve the Final Plat with staff s conditions. Commissioner Warren seconded the motion, which passed unopposed 6-0. AGENDA ITEM INTO. : Public hearing and consideration of a Conditional Use Permit, change of use conditions, for the night club, The Rack l Warehouse, located at 226 Southwest Parkwa East. (00-17 Staff Planner Anderson presented the staff' report and stated that the subject property w located off of Southwest Parkway behind the W ndy's and Park Place Plaza shopping center. The property is zoned C -1, which allows typical retail commercial uses. The adjacent properties to the northwest and southwest are zoned and developed as C -1 General Commercial. A day care facility, located within an A-P district tract, is located to the northeast corner. The closest r area is the Oak Forest Mobile Home Park adj acent to the property to the southeast. On July 17, 1997, the Planning & Zoning Commission granted a conditional use permit for a full restaurant, bar, and pool tables. The applicant now wishes to add a dance floor within the existing building. Due to the nightclub adding an additional use it must come bale before the Commission for approval. The applicant states that the nightclub will not have live music only recorded discs played by a disc Jockey. Ms. Anderson stated that the subject property was originally built and developed in the mid -Os as a movie theater. A nightclub use was approved in 1993 with several conditions. When the nightclub use was abandoned the site was used as a furniture store. The existing nightclub use was approved in 1997. Ms. Anderson said that the property meets the minimum standards established in the ordinance. Unless the public hearing brings to light any new information indicating potential negative impacts, Staff recommended approval of the request. Commissioner Floyd asked that if this change in use is approved, is there anyway to limit it to not allow live music (only music provided by a disc jockey as requested)? Ms. Anderson said that the Commission may add the condition that no live music would be allowed. Commissioner Mooney asked if this change would require additional parking, and what the capacity would be. Ms. Anderson said that the applicant is proposing to convert 4000 or the existing 15,000 square foot building into the dance area. She said that the current parking exceeds the requirements and this would not change since the overall use is not changing and the total square footage will remain the same. She did point out that the parking area was in need of maintenance (grass overgrown in the concrete, etc.) but there were no major problems with the overall parking lot. Chairman Fife opened the public hearing. Mr. Arthur A rranga (applicant), 2604 Arbor, explained that the building is actually "divided" into three rooms (from the original theater). He said that currently the building is divided into a sports bar in the center room and the rooms to the left and right are where the pool tables are. The proposal would be that the room to the left is where the dance floor is planned, and the middle and left room will remain the same. The room where the dance floor will be located will be used as a "club" on the weekends and will be available for private parties. He said that security is not a problem for the facility. He also told the Commissioners that the parting area was fixed up prior to the meeting, and there is an employee that is responsible for litter pick up before the club opens on a daily basis. He pointed out that there were no potholes in his parting area, but there are some in the alley that runs behind the adjacent shopping P&ZMinutes February 17, 2000 Page 5 of center. Mr. Arranga said that he did not have any problems not allowing live music, and would welcome the condition if placed on the permit. He said that the existing square footage will not be increase and the capacity should stay at the current levels. There will be additional emits provided. Mr. Greg Swoboda, was present representing the mobile home park. He said that the applicant has been very cooperative with any problems that have arose. He did say that there were complaints from the residents in the mobile home park about the live music when the Globe (former nightclub) was in operation at this location. The mobile home park also saw problems with litter and fighting in the parking lot, but he did not feel this would be a problem because Mr. Arranga was very cooperative. He did ask that there be some type of condition placed on this permit to state that if more than 2 violations are received (from police or code enforcement) additional security would need to be added. Benito Flores - Meath, 901 Val Verde, expressed his concern for the residents living in the Mobile Home Farb. He felt the noise would impact these residents, because they were affected when the Globe was at this location. Mr. Arthur A rranga returned to the podium and explained that when the Globe was located here, the entire area was a nightclub and there w live music. He said that his intent was to have the one room for the dance floor. The music would not be too loud because there is a sports bar in the very next room and the patrons at the sports bar watch sports on televisions and if the music was too loud the televisions would not be heard. Commissioner Warren asked Mr. Arranga if he uld object to annual review f this permit? Mr. Arranga said that he would not be opposed to review of the permit. Chairman Fife closed the public hearing. Commissioner Mooney moved to approve the conditional use permit with the following condition: That staff is to review this site annually to assure that there are no noise and /or parking problems. That additional security would be required should there be more than 2 violations filed with the police department (or code enforcement office) No live music. Commissioner Warren seconded the motion. Commissioner Warren felt that Mr. Arranga was very sensitive to all concerns regarding noise and felt that the annual review would be beneficial to alleviate any potential problems. Assistant City Attorney Ladd said that the annual review would be allowed as long as the mechanisms were outlined. Mr. Arranga stressed that he would be satisfied with the review for problems but felt that anything less than a 3 -year review would not allow him adequate time to recover his investment. Commissioner Hrin moved to amend the original motion to include the three -year time limit, along with the original conditions. Commissioner Mooney seconded this amendment. P&ZMinutes February 1, 2000 Page 6 of Chairman Fife called for the vote and the motion as amended to approve the use permit passed unopposed 6-0. AGENDA ITEM NO. 7: Public hearing and consideration of a I ezonig of approximately 15.15 acres located at 819 -903 Krenek Tap Road from I -1 Single Family Residential to R-5 Apartment Medium Density. (00-19 Staff Planner Anderson presented the staff report and stated that the applicant is bringing this request forward in order to begin preparing the property for development as an apartment complex. The request will increase the potential residential density to 24 dwelling units per acre. The subject property is not platted, thus a preliminary and final plat will be submitted upon rezoning approval. The Land Use Plan reflects the tract and the property to the west toward Texas Avenue as medium density single family. However, in the last few years, the development trend for the area bound by Southwest Parkway East and Krenek Tap Road has been to infill in the form of higher density residential, such as duplexes, townhomes, and apartments. These changes in the development pattern of the area would justify rezoning despite the Land Use Plan designation. A vacant 8.973 acre tract is locate southwest of the subject property across the future Dartmouth extension that is currently zoned R -3. The subject abuts the Heritage duplex plat and the Southwest Crossing townhomes to the north. The tract is in close proximity to the R -5 medium density apartments of Dartmouth Addition and Windsor Point. It is unlikely that the subject tract will develop as single family. The subject property is located adjacent to the forthcoming Dartmouth Drive extension. The extension is currently under design and construction is scheduled to begin in June 2000 with an estimated completion date of January 2001. Dartmouth is classified as a minor arterial on the Thoroughfare Plan, the same as Harvey Road and Holleman Drive. Krenek Tap Road is classified as a minor collector. Due to the minor collector classification of Krenek Tap, any proposed development would need to take primary access from the higher designated Dartmouth extension. Staff recommended approval of the rezoning. Chairman Fife opened the public hearing. Mr. Bill Dahlstrom, representative of JPI Student Housing (applicant) explained that the intent is to develop a high quality of student housing. He felt the use was compatible with existing and proposed property uses surrounding this tract. He said that he concurred with all of the staff report comments. Mr. Thomas Madison owner of adjacent property, said that he was confused with the zoning classifications of his and his family's property in this area. He said that the land use plan shoves mixed use for this area but he thought it was residential Senior Planner McCully explained that the Land Use Plan does not actually zone the property, it is more or less used for determining compatible uses for future developments. Chairman Fife closed the public hearing. Commissioner Warren asked if staff knew of any existing drainage problems in the area and if this type of intense development would impact the drainage. Ms. McCully said that she did was not aware of any problems with drainage in this area but the Drainage Ordinance has standards that would need to be met to assure that there would not be any negative impacts of the drainage. P&ZMinutes February 1, 2000 Page 7 of Commissioner Warren moved to recommend approval of the rezoning request as presented. Commissioner Floyd seconded the motion, which passed unopposed 6-0. AGENDA ITEM NO. : Update to the Commission of any new Minor or Amending Plats approved by Staff. Senior Planner McCully said that she was not aware f any minor or amending plats approved at staff level since the last meeting. She said that if there were any, they Would be reported at the next Commission meeting. AGENDA ITEM NO. ; Discussion of future agenda items. There was no discussion of desired future agenda items. AGENDA ITEM NO. 10: Adjourn. Commissioner Warren moved to adjourn the meeting of the Planning and Zoning Commission. Commissioner Mooney seconded the motion, Which passed unopposed 6-0. APPROVED: ATTEST: Chairman, Wayne Fife Staff Assistant, Debra Charanza P&ZMinutes February 1, 2000 Page 8 of