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HomeMy WebLinkAbout07/18/2002 - Minutes - Planning & Zoning CommissionMINUTES Planning and Zoning Commission CITY OF COLLEGE STATION, TEXAS July 18, 2002 6:00 P.M. COMMISSIONERS PRESENT: Commissioners Floyd, McMath, Trapani, White and Shafer. COMMISSIONERS ABSENT: Williams and Hall. COUNCIL MEMBERS PRESENT: Hazen and Maloney. STAFF PRESENT: Staff Planners Hitchcock, Fletcher, Flanery, and Reeves, Planning Intern Butler, Assistant City Engineer McCully, Graduate Engineer Thompson, City Attorney Cargill, Assistant City Attorney Nemcik, Director of Development Services Templin, City Planner Kee, Senior Planner Battle, Development Review Manager Ruiz, Transportation Planner Fogle, Action Center Representative Steptoe, and Staff Assistant Hazlett. AGENDA ITEM NO. 1: None. AGENDA ITEM NO. 2: None. AGENDA ITEM NO. 3: Hear visitors Public Comment for the Record Consent Agenda The following items were approved by common consent. 3.1 Approved the Preliminary Plat for 5.175 acres in the JSEA Subdivision located along White Creek Road in the City's Extraterritorial Jurisdiction. (02 -63) 3.2 Removed the Preliminary Plat for Schuessler Subdivision, consisting of 8 lots and 1 reserve lot on 55.25 acres on Kemp Road in the City's Extraterritorial Jurisdiction. (02- 124) P &ZMinutes July 18, 2002 Page I ©f5 3.3 Approved an Amending Plat for Lots 15, 16, 21, and 22 for Sun Meadows Phase 1. (02 -126) 3.4 Approved the other uses allowed in the C -1, General Business district and a parking determination for the Rainbow Play System Package. (02 -128) REGULAR AGENDA AGENDA ITEM NO. 4: Consider request(s) for absence from meetings. Commissioner Trapani motioned to approve the absence requests for Commissioners Hall and Williams. Commissioner White seconded the motion. The motion carried 5 -0. AGENDA ITEM NO. 5: Consideration, discussion, and possible action on items removed from the Consent Agenda by Commissioner action. 3.2 Consideration and possible action on a Preliminary Plat for Schuessler Subdivision, consisting of 8 lots and 1 reserve lot on 55.25 acres on Kemp Road in the City's Extraterritorial Jurisdiction. (02 -124) Chairman Floyd questioned the access for this plat. Spencer Thompson, Development Services Engineer, explained that the reserve tract is on the south side and is in the same ownership of the tract to the west. Staff comments #2 requires the surveyor to indicate that access to the reserve tract shall be provided through the adjacent plat to the west. Commissioner Trapani motioned to approve. Commissioner Shafer seconded the motion. The motion carried 5 -0. AGENDA ITEM NO. 6 : Public hearing, discussion, and consideration of a Rezoning for the tract of land located in the northwest quadrant of the intersection of Krenek Tap Road and State Highway 6 South from R -1, Single Family Residential, to C -1, General Commercial. (02 -121) Staff Planner Hitchcock presented the staff report and opened by stating that Staff recommends denial of the rezoning. The subject property is at the corner of Krenek Tap and State Highway 6 frontage road and three roads on the Thoroughfare Plan abut the property. Ms. Hitchcock explained that the C- 1 zoning would not be in compliance with the Land Use Plan, which shows the subject property to be Mixed Use Development. She added that if the Commission wishes to deviate from the Future Land Use Plan by rezoning this property to C -1, they should acknowledge that they are recommending to the Council a different land use concept with a statement requesting the change. Additionally, the property was annexed into the city in 1971 and zoned as R -1 as a holding zone. The property has remained as such and has not been platted. Chairman Floyd opened the public hearing. The following spoke in favor of the rezoning: Veronica Morgan, Mitchell & Morgan, LLP Thomas Madison, Property Owner, Austin, Texas The following spoke in opposition to the rezoning: P &Z Minutes July 18, 2002 Page 2 of S Peter Snyder, 1007 Krenek Tap Road Dianne Savage, 8706 Greenleaf Gene Savage Jay Goss, 306 Lee Avenue Rusty and Miriam Gerdes, 3706 East 29 Bryan Angie Porter, 201 Krenek Tap Road #21 Chairman Floyd closed the public hearing. Commissioner Trapani motioned to deny the rezoning request. Commissioner Shafer seconded the motion. The motion carried 5 -0. AGENDA ITEM NO. 7: Public hearing, discussion and consideration of a Rezoning for a tract of land located along the north side of Krenek Tap Road and west of the future extension of Central Park Lane, from R -1, Single Family Residential, to R -5, Apartment /Medium Density. (02 -120) Staff Planner Hitchcock presented the staff report. Ms. Hitchcock stated that Staff recommends approval of the rezoning. She pointed out that the Land Use Plan shows the subject tract as Residential Attached, which is 10 -20 dwelling units /acre. The R -5 zoning would allow a maximum of 24 units per acre, which is slightly higher than what the Land Use Plan calls for. However, it would still be consistent with the Residential Attached- designated land to the north, which is developed R -5. Also, as R -5, the subject property would also be in compliance with the step -down approach suggested by the Land Use Plan. Ms. Hitchcock added that R -2 Duplexes, R -3 Townhouse, and R -4 Apartment/Low Density would also be appropriate zoning districts. Chairman Floyd opened the public hearing. The following spoke in favor of the rezoning: Veronica Morgan, Mitchell & Morgan, LLP Thomas Madison, Property Owner, Austin, Texas Jim Stewart, Developer The following spoke in opposition to the rezoning: Peter Snyder, 1007 Krenek Tap Road Dianne Savage, 8706 Greenleaf Gene Savage, 8714 Bent Tree Jay Goss, 306 Lee Avenue Rusty and Miriam Gerdes, 3706 East 29 Bryan Angie Porter, 201 Krenek Tap Road #21 Cathy Conlee, 833 South Rosemary, Bryan Chairman Floyd closed the public hearing. Commissioner Trapani motioned to approve the rezoning. Commissioner McMath seconded the motion. The motion failed 2 -3 with Commissioners Floyd, Shafer, and White voting in opposition. After a brief discussion, Commissioner Trapani motioned to deny the R -5 zoning and approve a lesser zoning district of R -4. Commissioner McMath seconded the motion. Further discussion followed. Commissioners Trapani and McMath withdrew the motion and second to approve the lesser intense R- 4 zoning district. Commissioner Trapani motioned to table the item, which was seconded by Commissioner White. The motion to table carried 4 -1, with Commissioner McMath voting in opposition. The item was tabled until the August 1, 2002 Planning and Zoning Commission Meeting. P &Z Minutes July 18, 2002 Page 3 of 5 AGENDA ITEM NO. 8: Public hearing, discussion, and possible action on a Conditional Use and Site Permit for an expansion of the Bourbon Street Bar located at 2501 Texas Avenue, D- 101. (02 -123) Staff Planner Reeves presented the Staff Report. Ms. Reeves stated that Staff recommends denial of the Conditional Use and Site Permit based on the negative impact on the neighboring mobile home park and a history of noise complaints. She explained that the applicant is proposing to build a deck under the covered walkway in front of the bar that will consist of a seating area with tables, television, and outdoor speakers. This expansion would add an additional 800 square feet to the existing 7,000 square feet of lease space. Ms. Reeves added that the applicant is also requesting to have live music such as 'Piano Night" comedians, hypnotists, open microphone, and small bands. She pointed out that in June of 2000, the Commission granted a conditional use permit for this address for another nightclub and restricted it to no live music. Additionally, in October 2001, the applicant requested an expansion to the nightclub but was denied by the Commission due to a history of noise complaints. She pointed out that Staff feels that any kind of outside expansion or live music would add to the existing noise problems. She reported that the applicant has contacted residents in the neighboring mobile home park. Chairman Floyd opened the public hearing. The applicant Gary Seaback, 9215 Timberknoll, stated that the noise concerns have been addressed by added insulation and downsizing the speakers from 18" to 8 ", which should not escape the building. He added that the change in the type of entertainment will also alleviate the problem. Mr. Seaback also said that the outside patio will appeal to an older crowd. A small kitchen is planned also to provide food and a more relaxed atmosphere. Additionally, he stated that a cinderblock wall is being considered to help sound proof the backside of the building where the trash and back doors affect the neighboring residents. Jim McMann, 1011 Edgewood, stated that a significant amount of money was spent on soundproofing the nightclub and that Mr. Seaback seemed genuinely interested in addressing the sound control problems. The amount of insulation that was installed should reduce the escaping sound to approximately 75 -80 %. Commissioner Shafer asked how the sound from the patio has been addressed and what is being considered to address it. Chairman Floyd clarified the fact that Mr. Seaback has not operated at this location before and therefore is not responsible for the actions of the former tenant. Mr. Seaback explained that the speakers on the patio are very small, with a recessed overhead. Jay Goss, 306 Lee Avenue, stated that Mr. Seaback is proposing to operate a new nightclub of a different orientation, which would actually create less of a noise nuisance than those of the past with dance music and DJ's. He explained that the atmosphere on the patio would be completely different from that on the inside of the nightclub. Commissioner Trapani asked about limiting the type of live music to that proposed tonight in order to ensure the misuse of the permit. Chairman Floyd asked if the Conditional Use Permit goes with the land or property owner when the property is sold. Assistant City Attorney Nemcik stated that the permit goes with the actual use. It is not personal to the owner. P &Z Minutes July 18, 2002 Page 4 of 5 Ava Williams, 1402 Esther, Bryan, and the manger of Oak Forest Mobile Home Park, stated that Mr. Seaback did speak to the residents of the park and seemed genuine in trying to take care of the noise problem. She was encouraged by the patio and food concept of the nightclub and the appeal of the new club to a more mature clientele, This should help to alleviate the past noise problems. Chip Ingram, the general manager of the new nightclub, stated that the focus has been on precluding the noise problems from happening again. In regards to the patio, Mr. Ingram stated that the music that will be playing in the patio area will be music that will promote a relaxed type atmosphere. Additionally, the size of the club, which allows 500 -600, precludes them from having any large, popular bands. The staff is diligently working at addressing all problems and complaints, past and present to create the type of bar that will be enjoyed by all. Chairman Floyd asked Mr. Ingram to explain how the trash noise problem is being addressed. Mr. Ingram stated that the dumpster can be moved to the other end of the apex, if the owner approves it. Also, he stated that staff can change the cleaning schedule during the day instead of in the early morning hours after the nightclub has closed. Greg Swoboda, 8605 Topaz, stated that there has always been a problem at this facility. He spoke favorably of Mr. Seaback and his attempts of creating a new nightclub at this location. Chairman Floyd asked Assistant City Attorney Nemcik to explain what limitations the Commission could possibly require on this Condition Use and Site Permit. Ms. Nemcik stated that the Commission cannot limit the club to closing hours but could limit the outside music to a certain hour. Physical conditions or limitations to mitigate adverse impacts of the use are allowed. Chairman Floyd closed the public hearing. Commissioner Trapani motioned to approve. Commissioner McMath seconded the motion. The motion carried 5 -0. AGENDA ITEM NO. 9: Discussion of future agenda items. None. AGENDA ITEM NO. 9: Adjourn. Commissioner McMath motioned to adjourn the meeting and was seconded by Commissioner White. The motion carried 5 -0. The meeting adjourned. APPROVED: Chairman, Rick Floyd ATTEST: Staff Assistant, Susan Hazlett P &ZMinutes July 18, 2002 Page 5 ©f5