HomeMy WebLinkAbout03/04/1999 - Minutes - Planning & Zoning CommissionMINUTES
Planning and Zoning Commission
CITY OF COLLEGE STATION, TEXAS
March 4, 1999
7:00 P.M.
COMMISSIONERS PRESENT: Chairman Massey, Commissioners Maloney, Parker, Garner,
Kaiser, and Rife.
COMMISSIONERS ABSENT: Commissioner Mooney.
COUNCIL MEMBERS PRESENT: Council Members Hazen, and Silva.
STAFF PRESENT: Director of Development Services Callaway, Senior Planner McCully,
Assistant City Engineer Morgan, Development Coordinator Ruiz,
Assistant Development Coordinator George, Graduate Engineer Tondre,
Staff Planner Timmerson, Staff Assistant Charanza, Transportation
Planner Hard, Transportation Technician Hester, and Assistant City
Attorney Nemcik.
• 7'he following items were approved by co»:mon consent
AGENDA ITEM NO. 1: Consent Agenda.
AGENDA ITEM NO. 1.1: Approved minutes from the Regular Meeting held on February 4, 1999,
AGENDA ITEM NO. 1.2: Approved the Final Plat of Phase Two and Final Plat of Phase Three of the
Steeplechase Subdivision, which includes the extension of Navarrow and West Ridge. (99m206 ~99m
207)
AGENDA ITEM NO. 2: Public hearing and consideration of a Conditional Use Permit, for the
use only, to allow a religious facility to be located on the southern corner of Roek Prairie Road
and Edelweiss Avenue. (99-706)
Senior Planner McCully presented the staff report and explained that the applicant was requesting
approval of the use only at this time, and would return to the Commission at a later date with the site
plan for consideration. She said that the tract is currently zoned A-P Administrative Professional and R-
1Single Family, and is surrounded by R-1 and C-1 General Commercial. ThP Commission granted a
conditional use permit for a religious facility to be located at the corner of Rock Prairie Road and
Edelweiss, and approved a vet clinic with associated animal boarding to be located adjacent to the
• vacant C-1 tract. She said that a convenience stare with gas service, not yet built) was also approved at
the corner of Wellborn Road and Rock Prairie Road, across from the existing Exxon Station,
P&ZMrnutes March 4, 1999 Page 1 ojl®
She explained that there was concern about the effect this church would impose on the surrounding
commercial tracts. She said that the only potential impact would be in the area of alcohol sales. The
only way the C-1 zoned lots would be affected b y this church would be if the front door of the
• alcoholic beverage permit is within 300 feet of the door of the church.
Chairman Massey opened the public hearing.
Mr. Fain McDougal, representative of the church, explained that the church was in the process of
negotiating a contract on the property, and wanted approval of the use before the land was purchased
and the site plan was developed. He said that if the use was approved, the applicant would return to the
Commission for site plan approval. He said that there were approximately 600 members in the
congregation.
Mr. Jim Lovelass, owner of the Exxon Service Station at the corner of Rock Prairie Road and Wellborn
Road, told the Commission that he had no problems with the church, except the possible impact it
would have on his current business, due to alcohol sales. He said that he contacted the State TABC
office regarding his concern and they said that he should not be impacted by this request. He was
satisfied with the State's response to his concern but he also wanted assurance from the City that they
would also "grandfather" his business, even if the required distance was increased in the future by either
the state or city.
Ms, McCully explained that under the current ordinance requirements (300 foot distance), his business
exceeded the requirements, which would not impose a problem with this church being built.
Assistant City Attorney Nemcik approached the Commission and stated that if the City's ordinance
• changed, Mr. Lovelass' business would be "grandfathered" under the State statute. She also said that if
he were to sell the business in the future, the new owners would also be "grandfathered" unless the use
of the facility changed. She explained that because the State would "grandfather" this business, it would
require any City to do so as well. There is a slight chance that the statutory provisions relating to
grandfathering could change, however that would be unlikely to happen.
Mr. Lovelass said that when he spoke to the State, he was satisfied with their response but wanted
something in writing guaranteeing the City would also "grandfather" this business.
Chairman Massey told Mr. Lovelass that although we cannot predict every possible scenario, the
minutes from this meeting should serve the same purpose of documentation if in the future he needed it.
Chairman Massey closed the public hearing.
Commissioner Rife moved to approve the use only request as presented. Commissioner Parker
seconded the motion, which passed unopposed (6-0).
AGENDA ITEM NO. 3: Public hearing and consideration of rezoning approximately 42.88 acres
located southeast of the intersection of Pebble Creek Parkway and Royal Adelade Drive from A®
O Agricultural Open to R-1 Single Family Residential. (99-104)
Crraduate Engineer Tondre presented the staff report and said the request was in compliance with the
Land Use Plan, the approved Pebble Creek Master Plan, and the approved Final Plat for Pebble Creek
Phase 7-A. Staff recommended approval of the request.
P&Z Minutes March 4, 1999 Page 2 oa f 20
Chaurman Massey opened the public hearing.
r Benito Flores-Meath, 901 Val Verde, expressed his interest in seeing this area be rezoned to R-1B to
allow for larger lots. His main concern was to protect the interest of surrounding property owners,
Commissioner Kaiser moved to recommend approval of the request as presented. Commissioner
Garner seconded the motion, which passed unopposed (6-0).
The Commissioners explained that they did not have a problem with seeing R-1B zoning on the
property, but the Master Plan was reviewed and approved under the R-1 zoning, and they felt
comfortable with the R-1 because of the fact that the lots shown on the Final Plat exceed the
requirementse
AGENDA ITEM NO. 4: Public hearing and consideration of rezoning the one acre First
Methodist Church tract located in the northeast quadrant of Texas Avenue and Holleman Drive,
from WPC Wolf Pen Creek to C-1 General Commercial. (99-101)
Director of Development Services Callaway presented the staff report and stated that last October the
City Council rezoned Lot 1 Block 4 from WPC to C-1. At that time the P&Z recommended the City
initiate rezoning of the remainder of the individual lots along Holleman, west of the future extension of
George Bush Drive, from WPC to commercial. This February, the Council rezoned two more lots
along Holleman to a commercial classification in line with the above recommendation.
• Staff recommended approval,
Chairman Massey opened the public hearing. Seeing no one present to speak in favor of or in
opposition to the request, the public hearing was closed.
Commissioner Parker moved to recommend approval of the request, Commissioner Kaiser seconded
the motion, which passed unopposed (6-0).
AGENDA ITEM NO. 5: Public hearing and consideration of a rezoning of Lot 12, Block T,
University Park, located on the northwest corner of the intersection of University Drive and
Spring Loop. (99-107)
Senior Planner McCully presented the staff report and explained that this property was originally platted
as two four-plex lots to finish out the row of four-plexes along Spring Loop. In the early 1980's it was
rezoned to C-N to allow a convenience store, which was approved but never built. As a part of the
City-initiated rezonings in 1991, where all of the property in the University Drive Corridor was rezoned
to either A-P Administrative Professional or C-B Business Commercial, this site was zoned to A-P. She
said that the request was in compliance with the existing and future land use pattern in the area, She
explained that any development in this area would have to be reviewed by the Project Review
Committee for building colors, signs, etc. Staff recommended approval of the request.
Chairman Massey opened the public hearing.
Mr. Fain McDougal, representative of Hartland Bank, explained that the bank was wanting to purchase
this property, but they are waiting for approval of the rezoning before pursuing this purchase.
P&Z Minutes March 4, 1999 Page 3 of 20
• Chairman Massey closed the public hearing.
There was discussion among the Commissioners expressing concern with staying within the original
Corridor vision which showed more exclusively A-P tracts in the core of the corridor than exists with
the current zoning pattern. There was a request to see a conceptual plan which would give assurance
that this request would be in line with the Corridor vision.
Commissioner Maloney felt that A-P would be a better classification for the area instead of the
requested C-B.
Commissioner Garner moved to recommend approval of the request as presented, Commissioner
Parker seconded the motion, which failed (2-4); Commissioner Garner and Parker voted in favor of the
motion.
AGENDA ITEM NO. 6: Public hearing and consideration of rezoning 7.2 acres located
approximately 290 feet west of F.M. 2818, south of FBzB Road from R-1 Single Family to C-2
Commercial Industrial. (99-105)
Assistant City Engineer Morgan presented the staff report and explained that the subject property was
annexed into the City in 1970 and zoned R-1 when it was annexed. R-1 was used as the temporary
holding zone for newly annexed properties at that time. The applicant was requesting the rezoning of
• the property to develop a portion of it as an overnight delivery service distribution terminal. The C-2
zoning district is considered acommercial-industrial district, which involves a broad range of C-2
permitted uses including C~1 uses (retail, restaurant, theaters, nightclubs, auto dealerships, etc.) as well
as more industrial uses such as lumber yards and machine shops. The city's land us plan shows the area
(bound by FM 2818 on the east, the city limits on the west, F&B Road on the north and FM 60 on the
south) as Retail Regional, which would include such development as retail centers, service commercial,
and restaurants. The request is in general compliance with the City's Land Use Plan. The area
infrastructure is not adequate to support development that might follow the rezoning request, There is
no City sanitary sewer available to this tract and water is not available for domestic uses (office,
restrooms, etc.) or for fire suppression (fire hydrants and/or sprinkler systems). She explained that there
are alternatives for at least sewer service. On-site disposal systems can provide wastewater treatment,
If arrangements could be made with another domestic water provider, there are variance procedures to
the fire code that can be sought for the fire protection situation. The other infrastructure concern is
with access, which is available only from F&B Road, which is narrow, built tosubstandard conditions,
and of poor quality.
Ms. Morgan said that there is not an issue as to whether or not a commerciaUindustrial zoning district is
appropriate at this location. The Comprehensive Plan reflects this area as having commercial and
research/industrial uses. The principle concern is the timing of the zoning and development relative to
area infrastructure. Although water and wastewater service are not available to the area, this may not
need to limit the zoning. There ac•e alternate means for providing services and variance processes to
deal with this type of situation. It is possible that development could be limited by the ability of the site
• to support on site systems such as septic systems and alternative water supplies. She explained that
street access remains the principle concern. F&B is not adequate for commercial/industrial traffic.
P&Z Minutes March 4, 1999 Page 4 of 20
Staff recommended denial of the request for C-2 zoning until F&B Road has adequate capacity and
utility concerns are addressed through variances and/or access to other providers for such zoning and
development.
• Commissioner Maloney felt that this area would eventually be another gateway into the city and would
need to be developed accordingly. He also questioned why much of this are was not also within the
City limits.
Mr. Callaway explained that years ago, this area elected not to be annexed into the City although it
remains in College Station's ETJ. He said that there was opposition from residents in this area during
the annexation process.
Chairman Massey opened the public hearing.
Jim Jett, Trustee and Power of Attorney for the property owner, expressed his concern that staff's
report made this more of a development issue and not a rezoning case. He agreed that the septic
systems in the area need to be improved. He said that he did not bring water studies because he did not
think these issues would be brought up since it was only a rezoning. He said that the access to the
property would be offF&B Road.
Ms. Patricia Jones, 3817 F&B Road, expressed her concern with increased traffic on F&B Road. She
did not feel the existing roadway could handle the large trucks proposed.
Dorothy Sens, 3905 F&B Road, said that this is a residential area. She explained that when Mr. Toler
• (the tract across from her), tried to get utilities on his property, the City would support it. She also
expressed her concern for increased noise from the large trucks.
Mr. Benito Flores-Meath, asked if over-sized participation was a possibility. He also expressed his
concern for an increase in noise from the large delivery trucks.
Chairman Massey closed the public hearing.
Commissioner Maloney reiterated that he felt this area would be a gateway to the City in the future and
felt it needed to be developed with that in mind. He felt certain that this area would develop into
commercial eventually, but felt the need to protect the residents until the utility concerns are addressed.
Some of the Commissioners agreed that the infrastructure needed to be upgraded before this type of
change was approved. The same Commissioner felt the; a were more "appropriate" areas for these type
of developments. All Commissioners agreed that there needed to be a "vision for the area. They agreed
that the Commission dedicates itself to Quality of Life issues. Commissioner Rife acknowledged that
this issue was difficult in that it involved the tension between commercial development and the adjacent
residential development. He believed that this area was appropriate for the requested development in
that the area would more than likely develop commercially. He disagreed that this area should
necessarily be treated as a "gateway" into the City in the same sense as the University Drive Corridor.
Ms. Morgan explained that the City is in a contract with McClure Engineering to conduct awater/sewer
• study, as a Capital Improvement Project. She said they should expect the results later this year.
Commissioner Maloney moved to recommend denial of the rezoning request. Commissioner Garner
seconded the motion, which failed 3-3 due to a lack of a majority (in favor of the motion were Chairman
P&Z Minutes March 4, 1999 Page S of 20
Massey, Commissioners Garner and Maloney; opposition to the motion were Commissioners Parker,
Kaiser, and Rife).
• Commissioner Kaiser moved to recommend denial without prejudice. Commissioner Rife seconded the
motion which passed unopposed (6-0).
AGENDA ITEM NO. 7: Public hearing and consideration of a rezoning of approximately 5.8
acres located along the west side of State Highway 6, approximately 700' south of Graham Road,
from R-6 Apartments/High Denisty to C-1 General Commercial. (99-106)
Senior Planner McCully presented the staff report and explained that the subject property represents six
acres out of a larger, 36 acre development that shows the Highway 6 frontage area as commercial with
a single family area behind it extending to the west toward the future Longmire extension. Construction
of Longmire will be required as a part of that subdivision in compliance with the Thoroughfare Plan.
She said that the Master Development Plan for the subdivision will come before the Planning and
Zoning Commission in the next few weeks. The Plan would also encompass an existing C-2 zoned tract
at the Graham Road/Iiighway 6 intersection, as well as a portion of the North Fork of Lick Creek,
which is shown on the Land Use Plan as a greenbelt area. The request for C-1 would add roughly 900
feet of commercial frontage to the 7800 feet of commercial zoning that exists between Rock Prairie
Road and Greens Prairie Road. While the Development Policies call for commercial zoning to be
located at intersections of major roadways, and therefore much of the area that adjoins Highway 6
should be residential, commercial rezonings have nonetheless occurred across much of the roughly
12,500 feet of highway frontage between the two major arterials. These rezonings have occurred
because development and speculative rezoning pressures have met with little opposition from the largely
undeveloped southern area of the City. Stan's recommendation is therefore not based on the City's
• policies relating to locating commercial development. Instead, staff is attempting to recognize the
reality of the existing zoning pattern, and to deal with potential negative impacts by addressing the
transition areas between the commercial frontage and the future residential areas. Development
pressures in this area further support the need for an entrance overlay district.
Staff recommended approval with the following conditions:
1. That there be a vegetative buffer that meets R&D requirements on the proposed C-1 property
along the western boundary.
2. That the overall height of the buildings in the C-1 development not exceed 35'.
3. That the zoning not be effective until an east-west minor collector is either installed or guaranteed.
Commissioner Kaiser was concerned with the theory of locating commercial zonings at all intersections
of major roadways.
Chairman Massey opened the public hearing.
Mike Hester, Hester Engineering (2900 Brothers), explained that he was the engineer for the project.
He said that the applicant had no problem with any buffering requirements, but had some concern with
the east-west collector as a condition. The collector street would handle traffic from approximately 50
homes. He showed the Master Plan and explained the phases it would take to develop the streets. He
said that he would not be able to commit to the collector street without consulting with the
owner/applicant.
P&Z Minutes March 4, 1999 Page 6 of 20
Benito Flores-Meath, said that he thought the C-1 zoning would be good for the area. He felt the
collector should be installed by the developer without allowing for oversize participation
Assistant City Engineer Morgan said that this street may not be eligible for oversize participations
Chairman Massey closed the public hearing.
Commissioner Maloney thought that the Commission would have a better feel for the project once the
Master Plan was reviewed. He felt he could support the plan if it is the same as shown tonighte
A11 Commissioner were concerned with C-1 because of its intensity.
Comnssioner Rife moved to recommend approval of the rezoning request with all staff conditions,
Commissioner Parker seconded the motion, which passed 4-2; Commissioners Kaiser and Maloney
voted in opposition of the motion.
AGENDA ITEM NO. 8: Public hearing and consideration of a Conditional Use Permit for the
use only, to permit a nightclub addition to a restaurant in NG1 Historic Northgate, (99-707)
Senior Planner McCully presented the staff report and stated that the request was for approval so that
the applicant may pursue the finish-out of a second floor to the existing building to add a second floor
that would operate largely as a nightclub. The proposed project would have a Double Dave's pizza
restaurant on the first floor with entertainment and a bar on the second floor.
• Unless the public hearing brought to light any new information indicating potential negative impacts,
Staff recommended approval.
Chairman Massey asked for a definition of a night-club. Ms. McCully explained that aright-clubs as
defined in the Zoning Ordinance, are establishments that derive 75% or more of their gross revenue
from the on-premise sale of alcoholic beverages, or establishments where a dance floor, music, games or
other entertainment is provided. She said that this request was being considered a "night club" because
of the entertainment, the alcohol sales would not be there primary source of sales because of the
restaurant. The application stated that there would be live bands but it did not specify a dance floor or
pool tablesa The upstairs area would have a service bar.
Chairman Massey opened the public hearing.
Mr, Larry Hodges, representative of Double Dave's, explained that this would not be a typical night
club, but since they are proposing live music the restaurant would fall into the night club category
There would be a service bar upstairs but no kitchen facilities.
Benito Flores-Meath, expressed his concern for pedestrian traffic leaving the facility and crossing the
street to get back to campus. He said there had been close calls in the past and this would increase if
the patrons were drinking alcohol. He handed the Commission a packet which included his concerns;
and several letters discussing the safety issues in the area. (This packet is included with these minutes,)
Chairman Massey closed the public hearing.
P&Z ~l~linutes Marsh 4, 1999 Page 7 of 20
The Commissioners all agreed that pedestrian safety was a concern but felt there was little this one
applicant could to do to avoid it. They asked staff`' if there had been discussions to install pedestrian
signals. The felt the need for a traffic study in the area.
• Transportation Planner Hard said that the City is aware of the issue but this area has not been made a
high priority. He did not know of any fatalities in this area but was aware of accidents between vehicles
and pedestrians.
Commissioner Maloney moved to approve the conditional use permit. Commissioner Parker seconded
the motion, which passed 5-0-1; Commissioner Rife abstained from the discussion and votee
AGENDA TI'EM NO. 9: Consideration of a Fina[ Plat of the L.O. Ball Subdivision Phase II,
approximately 27.5 acres located on the southwest corner of the Rock Prairie Road including the
extension of Longmire Drive. (99-208)
Transportation Planner Hard presented the staff report and stated that the purpose of this plat is to
subdivide 27.5 acres into nine C-2 Commercial Industrial lots. This final plat includes the extension of
Longmire Drive as a major collector from Rock Prairie Road south to Birmingham Drive. [t also
includes dedication of right-of--way and construction of a right turn lane on the section of Rock Prairie
from Longmire east to the west Frontage Road. He said that staff reviewed the final plat and found
compliance with all of the subdivision regulations with one exception.
Originally, staff had encouraged an access easement that would parallel Rock Prairie Road on the
Kroger site east or Longmire to serve the existing bank site, and that there be an access easement to the
• west of Longmire to align with that future driveway. The access easement on the west side was to
serve all of Lots 1 through 6 of Block 3. However, during preliminary discussions regarding the Kroger
conceptual plan, it became apparent that the driveway nearest Rock Prairie Road would generate higher
volumes than were anticipated. In light of this new information, staff is concerned that the original
recommendation to require the access easement west of Longmire will add to the traffic congestion on
Longmire if high traffic generators are built on Lots 1,2,3, and 6 of Block 3. If such uses are
contemplated for these lots in the future, staff recommends that their access drives do not connect to tha
portion of the access easement that will serve Lots 4 and 5. Therefore, Staff recommended approval
with the condition that the portion of the access easement adjacent to Lots 1,2,3, and 6 be marked on
the final plat with a reference note that access to that easement will be determined at the time of site
development.
Mr. Frank Mihaulapolus, Rock Prairie Limited Partnernship representative, said that he was in favor of
the requirements of the plat but expressed his concern with the access condition for Lots 1,2,3, and 6.
He wanted assurance that these tots would not be limited to one opening. He was concerned with the
wording of the condition. He said that the primary access for these lots would be to Rock Prairie Road
but wanted means of secondary access to Longmire.
Mr, Hard said that assurance of the location of the secondary access would be deterrruned at the time of
site plan consideration because there are not definite plans for what will be developed,
. Mr. Mihaulapolus was certain that the development would be oriented toward Rock Prairie Road. Ike
also said that he was satisfied with the condition as stated with Staff's recommendation.
Mr. Greg Taggart, Municipal Development Group, reiterated Mr. 1Vlihaulapolus' concern,
P&Z Minutes March 4, 1999 Page 8 oj~0
The Comrrussioners discussed the traffic on Rock Prairie Road and agreed that the problem was with
congestion and safety. The Commission asked if Ms. Nemcik was comfortable with the request for
alternate languate regarding the access conditions She indicated that the Commission's directives
should be clear as to what exactly they expected Staff to do on a revised plat condition. Mr.
Mihaulapolus stated that given the late hour and the difficulty in creating satisfactory alternate language,
that he concedes to the original condition.
Commissioner Rife moved to approve the final plat with staff recommendations, Commissioner Garner
seconded the motions which passed unopposed (5~0)~
AGENDA ITEM NO. 10: Adjourn.
Director of Development Services Callaway explained the reason for removing "Other Business" from
the agendas. He said that the City's Legal Department told Staff allowing an agenda item such as
"tither Business" may violate the Opc:n Meetings Act. Chairman Massey asked if there could be an item
for fixture items for agendas. Chairman Massey asked Mr. Callaway if "®ther Business" could be
replaced by an item allotiving fcr future agenda items requested by the Commission,
Mr. Benito Flores-Meath wanted to know how citizens could bring items to future P&Z Agendaso
Assistant City Attorney Nemcik told the Commission that she would look into these issues and report
back at the next meeting,
Chairman Massey explained to the audience that the Commission is very interested in hearing from the
• public, but also want to conform with the open meetings act.
Commissioner Gamier moved to adjourn the meeting of the Planning and honing Commission.
Commissioner Maloney seconded the motion, which passed unopposed (6-0)
ATTESTm
Sta Assistant, Debra Charanza
•
P~8c2 Minutes March 4, 1999 gage 9 of ~0
Denial of Conditional Use Permit for Double Dave's (nightclub)
From P&Z Agenda Item No. 8, Conditional Use Permit application, for P&Z meeting,
March 4~', 1999:
Staff Recommendations: 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 frnds that:
Item #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 safety issue is critical because of both the proposed location of the nightclub and
the alcoholic beverages to be served on-site. The building is very close to the Wellborn
Road and University Drive overpass, and there are a number of high speed blind spots
that can easily lead to fatal acadents. The safety issue is magnified when students who
have drunk some or a lot of alcohol, have their judgement impaired, and try to cross
University Drive. I have placed special marks on the map enclosed to point out some
dangers, as well as circled the most "dangerous" area.
Mark #1. Traffic travelling north on Wellborn Road exits to merge onto University Drive.
Vehicles frequently take this curve at a higher, unsafe speed. Upon entering University
• Drive, most of the drivers are craning their necks back to look for traffic coming from
Raymond Stotzer PW, and could easily miss a student crossing at Mark #1. There is no
runoff space, speed cannot be scrubbed off fast enough, and therefore the collision is
unpreventable. At these speeds, fatalities are quite likely.
Mark #2. Traffic travelling east on Raymond Stotzer PW goes under the overpass and
suddenly emerges at University Drive at Mark #2. The overpass obscures the driver's
vision until emerging on the other side. Traffic cannot slow down fast enough to prevent
a fatality.
Mark #3. The sidewalks at Double Dave's and the surrounding businesses on University
Drive are narrow and have little safety room. Many vehicles are travelling west on
University Drive, intending on turning north to merge onto Wellborn Road; this Traffic is
watching the curve of the street, not pedestrians. If a Double Dave's patron (drunk or
otherwise) was to step out onto the street, the vehicle would hit the pedestrian, resulting
in grave bodily injury.
Mark #4. Traffic travelling west on University Drive, intending continuing onto Raymond
Stotzer PW, has left the intersection of Ross and University Drive, and is most likely near
the speed limit and still accelerating. Pedestrians at Mark #4 are likely to not have
sufficient time to cross, especially if their judgement is impaired by alcohol.
Mark #5. Many times you will see students crossing in either direction stop between the
lanes. They made it across half of University Drive, and are waiting for traffic to clear to
cross the other. Mixing in some alcohol makes this a seriously dangerous situation,
P&Z il~finutes March 4, 1999 Page 1®of 20
• I lived at Moore Hall at Northgate (mark #6 on the map) for four years and have
personally seen many of the above cases nearly result in a major accident. If the
Commission approves the Permit, and a largely alcohol related nightclub business is
established at this site, then it is inevitable that we will have an accident, most likely
resulting in death.
I cannot, in good conscience, support approving the permit under such circumstances,
and I'm sure the Commissioners, knowing the facts, don't want to be responsible for any
future deaths when a simple disapproval would have prevented them. I hope that I have
sufficiently notified you of the dangers inherent with this location and approving in this
ep rmit.
Therefore, I submit to the College Station Planning and Zoning Commission, that you
move to deny the Conditional Use Permit for a nightclub addition for Double Dave°s,
and that such denial be stated for reasons of public safety.
Submitted to Planning and Zoning Commission for the Public Record of the City of
College Station on March 3, 1999,
Signed,
Benito Flores-Meath
• 901 Val Verde
College Station, TX 77845-5125
Resident of B/CS for 20 years
Cc: Planning and Zoning Commissioners, City Secretary
•
1'&Z Minutes March 4, 1999 Pale 1~ ®J 20
Supporting Evidence
The following were obtained from Double Dave's web site. They support the claim that
the nightclub is strongly alcohol related, and that A8~M students are the target market,
Item #1:
Question: What is your primary expansion strategy?
Answer: DoubleDave's began around Texas A&M University and The
University of Texas, the seventh and second largest college campuses in the
United States.
College st~~dents are very receptive to new ideas and products. Market
penetration can be very rapid. It's great until the students go home for the
summer. Welcome to cash flow roller coaster.
Bold Item describes the target market, largely students.
Source: http://www.doubledaves.com/fags.htm
Item #2:
JOIN A GROUP OF DISCERNING BEER DRINKERS AND ENHANCE YOUR
BEER DRINKIN' ENJOYMENT AND KNOWLEDGEa
Since we started the Global Beer Experts Tour in 1985, DoubleDave's has guided
untold thousands of beer drinkers into our Global Beer Program. Of these
nameless and faceless thousands, more than 6,000 distinguished people have
demonstrated the tenacity and persistence to complete their beer studies and to
achieve immortality as a Global Beer Expert and to have their name enshrined
forever on the DoubleDave's wall plaque (brass, no less). It has been our pleasure
to serve them all.
Bold Item describes a large volume of beer drinkers and beer consumption.
Source: http:llwww.doublec5aves.com/gbemain.htm
p&~ R~irrutes March 4, 1999 page 1't of ~ ;1
• Item #3:
THE RULES!
1. Beers will be tasted under the roof of any DoubleDave's locatioin.
2. Sadly, participants must be of legal drinking age and present valid ID when
required.
3. To promote safe ~ responsible drinking, DoubleDave's will only validate four
(4) beers per day.
4e Your Global Beer Passport is nontransferable. Sure, it would be nice to have a
friend drink the Guiness Stout, but there's a price you pay for everything.
5. Keep your passport with you. Double®ave's is not responsible for lost or
missing passports,
6. Some beer substitutions may be allowed due to lack of availability but you are
required to gag down the Anchor Steam.
•
~. The Cajun Fifth Amendment: "But, baby, I was drunk°' satisfies us at
DoubleDave's. But be warned, outside our doors lurk angry lovers/spouses or
even the constable. Please enjoy these excellent beers responsibly,
>3. Once you are certified as a Global Beer Expert, you are obligated to become a
GBE guide and help your friends achieve immortality as a Global Beer Expert and
acquire beer knowledge.
Bold Item describes kidding, wink~wink, acknowledgment of overdrinking. 1 do recognize
that, especially for legal reasons, the management has wamings against overdrinking. 1
also recognize that scrch wamings, at any establishment serving alcohol, is sometimes
be ignored by patrons,
S®urce: http://www.d®ubledaves.c®m/gbemain.htm
•
P~ZMd~aae~~ Marsh ~0 1999
Page ~ ®J'20
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•
May 10, 19 98
Mayor Lynn Mcllhaney
College Station, TX 77840
Dear Mayor Mcllhaney,
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Enclosed are two letters from city and state road engineers. I had pointed out
some potentially hazardous pedestrian crossings on University Drive between
Wellborn Road and College Main. This is from observations of traffic during my eight
years experience working on campus in the Northgate area. I will now leave the
situation in your hands. Thank you in advance for your consideration of these
materialsa
• To summarize my suggestions, it would seem that a little yellow paint and a
few speed limit signs would make the area much safer for pedestrians. Vehicles
often seem to travel at excessive speeds coming off Wellborn entering University and
vehicles often travel in the center turn lane (when no left turn is possible). At any
rate, !would think safety could be greatly improved for pedestrians and individuals in
wheelchairs to cross University Drive.
Sincerely,
Michael D. Osterbuhr
doctoral student and graduate assistant
4013 Woodbriar Drive
Bryan, TX 77802-3639
•
P&Z Minuees March 4, 1999 Page 16 ®f 20
8
. -_
~ Texas Department of Transpertafipr~
1300 N. TEXAS AVE. - 6RYAN, TEXAS 77803-2760 (409) 778-2165
October 2, 1997
Mr. Michael D. Osterbuhr
4013 Woodbriar Drive
Bryan, Texas 77802-3639
Dear Mr. Osterbuhr:
1 refer to your August 22, 1997 letter to the City of College Station conceniing pedestrian
safety on University Drive (FM 60) in the vicinity of North Gate.
An April 1, 1996 city ordinance increased the 30 mph speed limit to 35 mph from
Wellborn Road to South College Avenue (SH 308). The ne~v 35 mph speed limit sign for
eastbound traffic is located to the immediate west of the Wellborn Road tempo We have
scheduled placement of an additional speed limit sign east of the ramp for traffic entet~ng
University Drive from Wellborn Road.
In accordance with the Municipal Maintenance Agreement, placement of pedestrian
• warning signs and crosswalks are the responsibility of the City of College Station after
state approval. The city should be able to provide guidance as to the warranting process
of these types of warning devices. Crosswalks currently exist at the signalized
intersections. Additional crosswalks were investigated several years ago and rejected due
to site restrictions.
The center lane you refer is a permitted continuous left turn lane for velucular traffic.
Traffic that uses this lane for forward movement and not for turns could be in violation
with the traffic laws. The decision to prohibit any portion of this lane to left turns for the
purpose of pedestrian storage would come from the city.
I hope I answered your concerns and recommendations. Your concern for pedestrian
safety is appreciated.
Sincerely,
Patrick T. Williarns9 F. E.
Area Engineer
•
cc; ~ Mark Smith, City of College Station
itn Egcra~ Opp~rtunify E~nploy~r .
P&Z Minutes March 4, 1999 Page 17 of 211
_- - ---- -_ _- _ ~''®~ -CITY aF'-C-~I~L-E-~E STATI O i`I
DEPARTMENT OF PUBLIC SERV(CES
• ~ ~ POST pffKE BOX 9960 26th TEXAS AVENUE
COLLEGE SYATgN, YEXAS 778f 2.99o"'O
(~09~ 76<-7690
September ~, 1997
Mr. Ie4ichaeI D. Osterbuhr
4013 Woodbriar Drive
Bryan, Texas 7780?-3639
Dear Mr. Osterbuhr:
Thank you for your letter expressing concern about the intersection at Wellborn and University. It is a
chatienge to move vehicle and pedestrians safely iit any cnvironmcnt. 1 I~avc forwarded your coctcerns to
the Texas Department of Transportation (TXDOT) sictce both Wellborn and University are state highways
a~td maintained by the state. We have also contacted their maintenance division to request replacing the
speed limit signs on the "off-ramp" of Wellborn Road.
The state wil[ have to evaluate additional signage and painting of cross walks. There are cross walks
provided at signalized intersections. These intersections have pedestrian heads installed to provide safe
• crossing for pedestrians.
Please contact me at 764-;690 if you have any further questions.
Sincerely, ~
`+ ~
~ ~"
Kathryn Anthony, Assistant Public Works Director
r~
• ... -
P&ZMinutes March 4, 1999 Page 18 oj20
August 22, 1997
Public Services Administration
• 2613 Texas Avenue South
College Station, TX 77840
To Whom it may concern,
The purpose of this letter is to advise you of one of the most dangerous
auto /pedestrian areas that I have personally observed in my eight years living in
the Bryan/College Station municipality, is the intersection of Wellborn Road and
University Drive.
Point One: ~ The `off-ramp" of Wellborn Road feeding onto University Drive east-
bound has not had speed Limit signs replaced for at least six yearse in my
opinion, these speed limit signs need to be replaced to protect pedestrians;
further;iiOr~, there ate' no signs posted advising drivers to "Watch for
Pedestrians Ahead" which would be Iegallylfiscally prudent for C.S.
Point Two: Although this 'off-ramp" mentioned has a wheel-chair ramp, there
is no 'cross wall' painted on the pavement. Many TAMU students use this path
to travel from the Northside Dorms to West Campus for classes. An investmerrt
in a bit of paint may spare some luckless pedestrian's life and spare a driver
• and the city a huge lawsuit.
Point Three: Fortunately for students and other pedestrians who regularly cross
University Drive at the crossing mentioned aaove, there is a safety island in the
center of University Drive for pads ~trians who can only make it half-way across
University Dr;~~c ~eeause of heavy traffic. Such a "luxury" (at the cost of a
small bit of paint} would be quite beneficial at the intersection of University
Drive and Boyette Street. f have often witnessed vehicles illegally traveling for
two hundred yards or more in the center `turn-lane" in front of Northgate.
Point Four: There currently exists, a
University Drive and Tarnow, and again
inform vehicles to avoid driving in the
possible. Wouldn't it be prudent, from
management perspective, to invest the
to paint a similar `no left-turnlsafety
Street and University Drive?
"safety island" at the intersection of
at University Drive and Spence Street to
center "t«rn-lane" where no turn is
a pedestrian safety and a risk
small amount of capital it would require,
island" at the intersection of Boyette
Point Five: As on the "off-ramp" of Wellborn Road, the 30 mph speed limit
• signs which have been damaged or maliciously removed from University Drive
during the past six or eight years, have never been replaced. From a pedestrian
safety and county risk-management perspective, don't you think it would be
P&Z Minutes March 4, 1999 Page 19 of ~D
_.
prudent and cost effective to immediately begin prominently posting the legal
30 mph.. speed limit signs. as .well as posting `Watch for Pedestrian"--signs along
Northgate (including the stretch in front of Kinkos, Super Sub. etc.)?
• Thank you in advance for your attention in this matter of the health and safety
of T~MU students like myself, and the financial risk of the city of College Station and
individual drivers entering the Northgate area from higher speed zones. In addition,
the I~®rthgate business owners area would certainly benefit from more
students safely able to cress University Drive in an area where parking is currently
deficiento
Sincerely,
9~i-<°ti~-aeP~-
Michael D, Osterbuhr, Doctoral Student
(and frequent customer ®f the
Northgate businesses)
4013 Woodbriar Drive
Bryan, TX 778023639
(409) 7762896
•
Xc: C.S. Risk Management Office and Northgate Business ®wners
•
P&Z Minutes March 4, 1999 Page ~0 oj2d
Registration Form
• (For persons who wish to address the Commission)
Date of Meeting 'i~~~~~-~-r'' ~ ~ `t `+ y
Agenda Item No. u'
Name ~ C_ ti ~~~N f~ ~-t~ ~'Lc ~ /ti1 ~ .~ 7"L~,
Address `j ~ ! L ,~. y ~ ~ ~--~> ~_
If speaking for an organization,
Name of organization:
Speaker's official capacity:
Subject on which person wishes to speak:
lease remember to step to the podium as soon as you are
cognized by the chair, hand your completed registration
form to the presiding officer and state your name and
residence before beginning your presentation. If you have
written notes you wish to present to the Commission,
PLEASE FURNISH AN EXTRA COPY FOR PLANNING
FILES.
Registration Form
• (For persons who wish to address the Commission)
Date of Meeting i~~ ~ C
Agenda Item No. ~ ~~
Name ~ .-
Address
If speaking for an organization,
Name of organization:
Speaker's official capacity:
lease remember to step to the podium as soon as you are
cognized by the chair, hand your completed registration
orm to the presiding officer and state your name and
residence before beginning your presentation. If you have
written notes you wish to present to the Commission,
PLEASE FURNISH AN EXTRA COPY FOR PLANNING
FILES.
Subject on which person wishes to speak:
Registration Form
• (For persons who wish to address the Commission)
Date of Meeting
Agenda Item No.
Name ~ r r c r~ ~ ~? ~ s
Address i
If speaking for an organization,
Name of organization:
Speaker's official capacity:
lease remember to step to the podium as soon as you are
cognized by the chair, hand your completed registration
form to the presiding officer and state your name and
residence before beginning your presentation. If you have
written notes you wish to present to the Commission,
PLEASE FURNISH AN EXTRA COPY FOR PLANNING
FILES.
Subject on which person wishes to speak:
~~annin~ ~' Zoning Commission
Guest ~,eBister
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