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HomeMy WebLinkAbout07/17/2003 - Minutes - Planning & Zoning CommissionMINUTES Planning and Zoning Commission CITY OF COLLEGE STATION, TEXAS CITY HALL COUNCIL CHAMBERS 1101 Texas Avenue July 17, 2003 7:00 P.M. COMMISSIONERS PRESENT: Commissioners Floyd, White, Shafer, Williams and Trapani. COMMISSIONERS ABSENT: Commissioners M cMath and Hall. COUNCIL MEMBERS PRESENT: Happ and Maloney. STAFF NIENIBERS PRESENT: Development Services Director Templin, Assistant Development Manager George, Senior Planner Battle, Staff Planners Fletcher, beeves, Prochaka and Hitchcock, Assistant City Engineer McCully, Graduate Civil Engineers Cotter and Thompson, Planning Intern Harrell and Butler, Assistant City Attorney Nemcik and Staff Assistant Hazlett. AGENDA ITEM NO. 1: Hear Citizens: None. AGENDA ITEM NO. 2 : Public Comment for the Record None. AGENDA ITEM NO. 3: Public Comment on the Unified Development Ordinance LTD. None. AGENDA ITEM NO. 4: Consent Agenda 4.1 Approved the Final Plat for the Catlegate Subdivision Section 12, consisting of 40 Single Family Residential Lots on 17.353 acres located off Victoria Avenue, west of its intersection with Future State Highway 40. 03 -153) Regglar Agenda AGENDA ITEM NO. 5: Consideration, discussion and possible action on request(s) for absence from meetings. Commissioner Trapani motioned to approve the absences. Commissioner White seconded the motion. The motion carried 5 -0. AGENDA ITEM ND. 6: Consideration, discussion, and possible action on items removed from the Consent Agenda by Commission action. None. AGENDA ITEM ND. 7: Public hearing, discussion, and possible action on a Rezoning request for 4300 and 4304 Harvey Road, consisting of a portion of Lot I and all of Lot 2, Block I of Harvey Hillsides from A -D Agricultural Open to -I General Commercial. 0 -156) Staff Planner beeves presented the Staff Deport. Ms. beeves stated that staff recommends approval of the rezoning which consists of 2.713 acres and is currently zoned as -, Agricultural Open, with a portion of the tract currently developed as a restaurant. Ms. beeves explained that the 30160 Area Plan depicts this area as a mix of uses with the expectation of commercial rezoning requests of lower intensity and should emphasize an eventual consolidation of properties. However, more recently, the Mixed -Use category was removed from the Land Use Plan and replaced with the Planned Development designation. Staff believes this proposal is in line with the 30160 Area Plan and the Planned Development Land Use category. Additionally, at the April 17 th Planning and Zoning Workshop, staff requested the Commission's input on the possibility of rezoning the subject property to -1 General Commercial. Event though specific guidance for rezoning the property was not conveyed by the Commission, the general consensus for restaurant use at this location was favorable. Chairman Floyd opened the public hearing. Chuck Manning, the owner of C&J Barbecue spore in favor of the request. He stated that his intent is to rebuild /remodel and expand on the current site which will also improve traffic conditions, provide better accommodations for his customers and improve the aesthetics of the area. Chairman Floyd closed the public hearing. Commissioner Trapani motioned to approve the rezoning. Commissioner Williams seconded the motion which carried unanimously, 5 to 0. Fl: Floyd, Trapani, White, Shafer and Williams. AGAINST: None AB SENT : Hall and McMath. AGENDA ITEM NO : Public hearing, discussion, and possible action on a Conditional Use Permit for the Time Square Night Club located at 226 Southwest Parkway. 0 -152). Staff Planner beeves presented the Staff Deport stating that the request meets the minimum standards and that Staff recommends approval. Ms. beeves explained that nightclubs are allowed in -1, General Commercial districts with an approved Conditional Use Permit. Discussion ensued regarding the history of this site and the current and planned daycare centers near the subject property. Craig Brown, real estate broker and developer, stated that the area is developed as commercial and that the current daycare center has been in its current location for 15 years without complaints of the past nightclubs at the subject location. Chairman Floyd opened the public hearing John H. Oates spoke in favor of the nightclub. As a current nightclub owner and operator, Mr. Oates stated that he hasn't received any complaints regarding his management of these nightclubs and that the hours of operation will not interfere with other nearby establishments. When asked about the lighting in the parking lot, Mr. Oates indicated that the lighting would be maintained. Craig Brown voiced concerns regarding the failure of past nightclubs at this location. Also pointed out was the fact that Mr. Oates is leasing the building rather than purchasing it. 11r. Brown was also concerned about the nightclub activities after 3 p.m., which would affect the daycare centers. Lastly, the placement of the building hides the nightclub activity from police protection. Herbert Booker, 1 400 Harpers Ferry load, spoke 1n opposition to the nightclub, stating that this would not be the right tenant for the location. He submitted information regarding police reports on the subject nightclub location from 2000 forward, stating that the past speaks for what can be expected in the future. He expressed a number of conceals In relation to the affects of a nightclub on the daycare center that he has invested thousands of dollars in and is currently planning to build in the same vicinity. He does not want to stop his business venture, stating that this is the only affordable location for him. Nft. Booker does not believe that I&. Oates' track record can ensure that vandalism and other crime, based on the police reports, would cease. He asked the Commission to consider the number of children in a 7 mile radius that would be affected in some way by the nightclub and to send a positive message of what they would like to see develop in the area. Ken Simmons, 1212 Danville, 1s the current owner of the existing daycare center at 206 Southwest Parkway, which is in close proximity to the nightclub. He expressed concerns regard the hours of operation, stating that his daycare does not close Until 6 p.m. In addition, Mr. Simmons plans to combine the current daycare with another he owns that offers drop -1n capabilities, which would mean that the hours of extended service would coincide with the hours of the nightclub. Ava Williams, 1402 Esther, Bryan, manages the adjacent mobile home park. She expressed concerns regarding the parking area and the mobile home park residents, which 1s separated only by a fence. The park consists of families and Children that would be affected by the loud music, lack of outside security, etc. Todd Carnes, a local builder, owns the land parallel to the parking lot. He spoke of the area as being poorly lit and easily hidden from policing efforts and that the traffic flow for high traffic volume was poor, stated that there have been multiple accidents and also a recent fatality at that location. He reiterated the failure of all the previous nightclubs for the site and suggested that another and better tenant would be more suited to area. John Oates, 2000 -A South College Avenue, manager and part owner, stated that only overflow parking occurs near the fence adjacent to the mobile home park. He added that the nightclub would be more sports oriented with pool tables and television. I11 addition, the lighting will be fixed and if required, more lighting added. Chairman Floyd closed the public hearing. Commissioner Williams motioned to approve for discussion purposes. Commissioner Shafer seconded the motion. Discussion ensued regarding standards, requirements and time limits placed on conditional use permits. Assistant City Attorney Nemcik explained that the past conditional use permits for the subject property has expired. She added that time limits Can be placed on a conditional use permit, but consideration should be taken to allow the owner /operator enough time to recoup their investment. Chairman Floyd asked the Commission to determine if this was an appropriate use for the land. Ms. Nemcik continued, stating that in regards to the lighting issue for the subject property, a reasonable physical condition may be placed on the property to mitigate any adverse impact of the use on adjacent or nearby properties. However, she explained that the owner /operator can be required to redirect the lighting, add additional lighting for security purposes but all conditions must be reasonable and not require a whole revamping of property. Commissioner Shafer commented that change is occurring in the area and that the land use should be reconsidered since new information has been made available. Commissioner White expressed concern regarding neighborhood integrity and stated that he did not believe this was an appropriate use. Commissioner Trapani concurred with Commissioner Shafer. Also, he did not want to put conditions on the property and have to revisit the case, which may take a number of years before the investment has been recouped. Chairman Floyd interjected that the Commission should focus on whether changes in land uses in proximity to the property are significant enough to oppose the conditional use permit. He added that he did not believe the hours of operation for the nightclub would conflict with that of the daycare centers, current or future. Commissioner Shafer said that the orientation of the subject building is different with this daycare than the other and would create a sandwich affect, placing it between two nightclubs and would have the potential to compound the possible problems. Chairman Floyd called the question. The motion to approve failed by a vote of 1 -4. Fl: Williams. AGAINST: Floyd, White, Shafer and Trapani. AB SENT : Hall and McMath. Commissioner Shafer motioned to deny the conditional use permit, citing incompatible land use. Commissioner White seconded the motion. The motion to deny failed by a vote of -. Fl: Shafer and White AGAINST: Floyd, Williams and Trapani. AB SENT : Hall and McMath. Ms. Nemcik stated that the case would be presented to City Council without a recommendation from the Planning and Zoning Commission. Commissioner Trapani motioned to deny the condition use permit, which was seconded by Commissioner Shafer. The motion to deny carried -0. Fl: Floyd, Trapani, Shafer, Williams and White. AGAINST: None. AB SENT : Hall and McMath. AGENDA ITEM ND. 9: Consideration, discussion and possible action on a Preliminary Plat for Westfield Village Phase 6 consisting of 30 lots on 7. acres generally located at the southern end of Victoria Avenue across from Edelweiss Gartens Subdivision. 0 -7) Staff Planner Hitchcock presented the staff report and recommending approval with the Parts Board recommendations. The modifications allowed will provide additional amenities to the area and the plat is In compliance with the modified standards and conditions approved with the rezoning and also with the land use plan. Commissioner Trapani motioned to approve the preliminary plat. Commissioner White seconded the motion which carried unanimously, -. Fl: Floyd, Trapani, White, Shafer and Williams. AGAINST: None AB SENT : Hall and McMath. AGENDA ITEM ND. 10: Discussion and possible action on future agenda items — A Planning and Zoning Member may inquire about a subject for which notice has not been given. A statement of specific factual information or the recitation of existing policy may be given. Any deliberation shall be limited to a proposal to place the subject on an agenda for a subsequent meeting. None. AGENDA ITEM ND. 11: Adjourn. Commissioner White motioned to adjourn the meeting. Commission Shafer seconded the motion. The motion carried -0. The meeting adjourned. Fl: Floyd, Trapani, White, Shafer and Williams. AGAINST: None AB SENT : Hall and McMath. ATTEST: Staff Assistant, Susan Hazlett APPROVED: Chairman, Scott Shafer -------------------------------- - - - - -- _- Deleted:¶