HomeMy WebLinkAbout04/19/2005 - Minutes - Planning & Zoning Commission1
CITY OF COLLEGE S"[:~T[ON
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MINUTES
Regular Meeting
.Planning and Zoning Commission
Tuesday, April 19, .2005, at 7:00 p.m.
Council Chambers, College. Station .City Hall
1101 Texas Avenue
College Station, Texas
COMMISSIONERS PRESENT: Chairman Shafer, Commissioners Fedora, Nichols,.
Hooton and White.
COMMISSIONERS ABSENT: Commissioners Davis and Reynolds.
CITY COUNCIL MEMBERS PRESENT: Councilman. Maloney.
PLANNING AND DEVELOPMENT SERVICES STAFF PRESENT: Staff Planners Boyer,
Hitchcock, Reeves and. Prochazka, Senior Planner Fletcher,. Director Dunn, Graduate Civil
Engineers Cotter, Gibbs and Norton, Transportation Planner Fogle, and Staff Assistant Lindgren.
,~
OTHER CITY STAFF PRESENT: Senior Assistant City Attorney Robinson and Bryan Cook,
OTIS.
1. Hear Visitors
No visitor spoke.
2. Consent Agenda
2.1 Discussion and possible action on:
Minutes -April 7, 2005, Workshop Meeting
Minutes -April 7, 2005, Regular Meeting
2.2 Presentation,, discussion, and possible action on a Final Plat for Horse Haven Phase
3, consisting of 53 lots on 12.06 acres, generally located at Earl Rudder Freeway and
Horse Haven Lane. Case #04-283 (JP/JN)
2.3 Presentation, discussion, and possible action on a Prelimitlary Plat for Westfield
Village Phases 1-6, consisting of 310 residential lots on 75.651 acres generally located
north of Graham Road and east of Victoria. Case #05-36 (CC)"
~, Commissioner Nichols motioned xo approve the consent agenda. Commissioner
~ White seconded the motion, motion passed (5-0).
P&Z Minutes Regular Agenda, April 19, 2005 Page 1 of 5
Reguular Agenda
3. Consideration, discussion and possible action on request(s) for absence from meetings.
Ken Reynolds - Apri119, 2005, Meeting
Bill Davis - Apri119, 2005, Meeting
Commissioner White motioned to approve absence requests. Commissioner. Fedora
seconded the motion, motion passed (5-0).
4. Consideration, discussion, and possible action on items removed from the Consent Agenda
by Commission action.
^~ None
5. Presentation, discussion,. and possible action on a Variance Request to Section 18 of the
Subdivision Regulations and public hearing, presentation, discussion, and possible action on
a Replat for. the F.S.. I~apchinski Subdivision, Lot 12, Block 1, consisting of two lots on
0.478 acres, located at 1612 Park Place. Case #05-26 (JP/CC)
Jennifer Prochazka, Staff Planner, gave a presentation on the variance request and replat for
the F.S. Kapchinski Subdivision. In response to ownership questions that arose at the
March 17, 2005 meeting, Prochazka stated that a title report was reviewed by the City and
property ownership was shown in the name of Ricky Willburn. She also stated that the
variance and the resulting plat were in compliance with the Comprehensive Plan. Staff
'1 recommended approval of the replat provided. that the variance was first approved by the
Commission.
Commissioner Nichols motioned to remove the Variance. Request from the table.
Commissioner Fedora seconded the motion, motion passed (5-0).
Commissioner White motioned for approval of the Variance Request to Section 18 of
the Subdivision Regulations. Commissioner Hooton seconded the motion, motion
passed (5-0).
Marcus Townsend, no address given, spoke against. the replat: Mr. Townsend expressed
concerns of unclear of property ownership boundaries that affected the property in question,
as well as his family's. property.
Charles Thompson,. 1.608 Park Place, College Station, Texas. Mr. Thompson expressed
concerns regarding the title of this property and spoke in opposition of the replat
Ali Jaffar, Applicant, 251 Westwood Main, Bryan, Texas. Mr. Jaffar spoke in favor for the
replat. As the applicant, Mr. Jaffar provided a recent title report. This title report verified
that Rickey D. Wilburn had clear title of the property in question. Mr. Jaffar stated that they
had three surveyors survey this lot and they all showed clear title on the lot.
Commissioners asked questions of Mr. Thompson, Mr. Townsend, Mr. Jaffar and Jennifer
Prochazka in order to get clarification regarding the clear title. of the lot.. Commissioners
commented that they appreciated the concerns of Mr. Townsend and Mr. Thompson, but
__~ that the concerns and issues they had would have to be addressed through a different entity,
and that Planning and Zoning Commission would not be able to assist them with the issues
~ they had regarding the title of the property. Commissioners discussed that staff had done
P&Z Minutes Regular Agenda, April. 19, 2005 Page 2 of 5
what was. asked of them at the March 17, 2005 meeting in order to insure clear tide to this
lot.
Commissioner Nichols motioned to .approve the replat of the lot. Commissioner
Hooton seconded the motion, motion passed (5-0).
6. Public hearing, presentation, discussion, and possible action on a Rezoning for Lot 1A, Lot
16, and the southeast 25 feet of Lot 15, College Heights. Block D, generally located. at the
intersection of University Drive and Macarthur Street, .and north of the intersection of
University Drive and Nimitz Street, from PDD Planned Development District, A-P
Administrative .Professional and R-2 Duplex Residential to P-MUD Planned Mixed Use
District. Case #05-37 (JP)
Jennifer Prochazka, Staff Planner,. gave a presentation regarding the rezoning and stated that
staff recommended approval. Three phone calls. had been received in opposition to the
rezoning.
Benjamin Knox, Applicant, 405 University Drive East, College Station, Texas.. Mr. Knox
spoke to the Commission. regarding the plans for the property if the rezoning were
approved. Mr. Knox provided a drawrng of the property in order to give more detail.
Patrick Mahoney, Attorney for Jesse Montelongo, 1000 Bayon Woods, College Station,
Texas. Mr. Mahoney stated that his client was concerned with. a planned multiuse
development because it would decrease the value of his business. Mr. Mahoney spoke in
opposition of the rezoning.
Jesse Montelongo, Jr. 5002 Commonwealth Court, College Station, Texas. Mr. Montelongo
~~, stated that he opposed the rezoning because. Montelongo's Jewelry would be completely
surrounded by Mr. Knox's development and he felt that it would detract from his business.
Arthur Wright, 1008 Holt, College Station, Texas. Mr. Wright stated that the rezoning
would disturb the domestic tranquility of the residences in .the area. Mr. Wright spoke in
opposition of the rezoning.
Prochazka stated that while there are non-residential architectural standards that apply to any
non-residential development with the City, there is an exception for themed developments.
Prochazka stated that either the development wouldhave to meet the NRA requirements or
they would. have to show material requirements to the Design Review Board.
Commissioner Nichols asked for clarification regarding the land use plan and the definition
of re-development. Prochazka read the definition of re-development according to the
Unified Development Ordinance:. Prochazka also gave clarification on the definition of
mixed-use.
Commissioner White motioned to approve the rezoning of the property to PMUD.
Commissioner Nichols seconded the motion, motion passed (5-0).
7. Public hearing, presentation, discussion, and possible action on a Conditional Use Permit for
a Night Club, located in .Suite D at 2551 Texas Avenue. South in the Homestead Place
Shopping Center. Case #05-39 (LB/MH)
.Lindsay Boyer, Staff Planner, gave a presentation regarding a Conditional Use Permit for
Hookah Station, a proposed Nightclub. Boyer stated that staff recommended approval of
the request and that the night. club met the 300-foot separation distance from a church,
public school, or a public hospital required for the sale of alcohol. Boyer stated that the
P&Z Minutes Regular Agenda, April 19, 2005 Page 3 of 5
distance is measured from the front door of the .establishment to the front door of the
protected use, and that the distance from the vacant lease space to the church was over 600-
feet. Boyer stated that. had received six phone calls since the date: of the staff report, five
were inquiries and one. was in opposition based on limited parking.
James Heflin, Pastor, College Station. Baptist Church,. 2555 Texas Avenue South, College
Station, Texas. Pastor Heflin had .questions regarding.. the notification process and. the
measurement of separation distances for alcohol. permits... Pastor. Heflin also expressed
concerns regarding limited parking and. potential overflow parking that could end up in the
Church's parking lot, and operating hours. of the night club.
Chairman Shafer asked .for clarification regarding the separation distance requirement for
alcohol permits. Boyer stated that the State ordinance specified how the separation distance
was measured. Boyer stated that essentially it is as the pedestrian would walk from the front
door of the establishment to the front door of a protected use. :Chairman Shafer also asked
for clarification regarding the 200-foot notification ring. Boyer stated that the notification
ring was measured from all edges of the property.
Ed Goff, Treasurer of College Station Baptist Church. Mr. Goff had concerns with traffic,
parking. and the distance from the Church and night club, Mr. Goff spoke in opposition to
the night club..
David Alexander, Alexander Properties; Bryan Haggle, Applicant and Mike Cutter, At Home
Properties all spoke in favor of the night club. Mr. Alexander. stated that the parking
situation at that shopping center had always been managed and it was .not an issue. Mr.
Haggle spoke about the night club and its operating hours, and stated that he did not feel
parking would be a problem.
Commissioner White asked if .there was anyone at the. hearing from the adjoining mobile
home. park. Boyer .stated that she had spoken. to the owner of the mobile home park and
that they did not have any opposition to the night club because of its size.
Commissioner White stated that he agreed with the concerns of the Church regarding the
nightclub's opening hoots on Sunday. Commissioner White asked Mr. Haggle if they were
willing to delay their opening hours on Sunday. Mt. Haggle stated that they were. Carla
Robinson, Senior City Attorney stated that the City could not place conditions related to
,hours of operation on the permit because the Texas Alcoholic Beverage Commission
regulated that aspect of a Nightclub.
Doug Bryan, 3824 Park Hampton, Bryan, Texas. Mr. Bryan spoke in opposition to the
nightclub because of alcohol service and limited parking.
Commissioner Fedora motioned. to approve the Conditional Use Permit.
Commissioner Nichols seconded the motion, motion passed (5-0).
8. 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.
P&Z Minutes Regular Agenda, April 19', 2005 Page 4 of 5
Joey Dunn, Planning & Development Services Director, stated that the upcoming
Department Forum would be held on Monday, May 16, 2005, and that Commissioners
would receive notice.
9. Adjourn.
Commissioner White motioned to .adjourn. Commissioners Nichols seconded the
motion, motion passed (5-0).
Approved:
~....../' L'
Scott Shafer, Chairman
Planning and Zoning Commission
Attest•
~/ hcG(JC,.
Lisa Lindgren, Staff Assis t
Planning and Development Services
P&Z Minutes
Regular Agenda, April 19, 2005
Page 5 of 5