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HomeMy WebLinkAbout10/04/2001 - Minutes - Planning & Zoning CommissionMINUTES Planning and Zoning Commission CITY OF COLLEGE STATION, TEXAS October 4, 2001 7:00 P.M. COMMISSIONERS PRESENT: Commissioners Floyd, Happ, Hawthorne, McMath, and Williams. COMMISSIONERS ABSENT: Commissioners Kaiser and Trapani. COUNCIL MEMBERS PRESENT: Council Member Maloney. STAFF PRESENT: Development Services Director Callaway, Staff Planners Hitchcock and Reeves, Graduate Engineer Thompson, City Attorney Cargill, Assistant Development Review Manager George, and Staff Assistant Hazlett. Chairman Floyd called the meeting to order at 7:05 p.m. 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 Minutes from the Workshop Meeting held on September 6, 2001. 3.2 Approved the Minutes from the Regular Meeting held on September 6, 2001. 3.3 Moved the Final Plat for The Gateway, Phase 1, located at 1551 University Drive East, consisting of five lots on 33 acres. (01 -188) 3.4 Approved a Final Plat for Pebble Creek, Phase 9 -A, located at 5301 Andrews Drive, consisting of forty-five R -1, Single Family Residential lots on 19.63 acres. (01 -207) P &ZMinutes October 4, 2001 Page I of 3 3.5 Approved a Final Plat for KTH Commercial Addition, consisting of two lots on 10.674 acres located at 4250 State Highway 6 South. (01 -206) REGULAR AGENDA AGENDA ITEM NO. 4: Consider request(s) for absence from meetings. Commissioner Williams motioned to approve the absence request(s). Commissioner Hawthorne 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 Commission action. Agenda Item No. 3.3: Consideration of a Final Plat for The Gateway, Phase 1, located at 1551 University Drive East, consisting of five lots on 33 acres. (01 -188) Assistant Development Review George stated that Staff has three conditions that should be added to the plat prior to approval by the Commission. Add a general note that states: For the purposes of signage, Lots 2A and 2B are considered one building plot, which will help eliminate the proliferation of freestanding signs in this area. Lots 2A and 2B will share a freestanding sign. ➢ The 20' private access and public utility easement that was previously dedicated on Lot 2 be reflected on this vacating and final plat. At the request of the applicant this casement may be shifted slightly to the north onto the Wolf Investment Tract. However that off -sight easement must be filed prior to or concurrently with this plat. This access easement will allow a shared drive to the frontage road for all the lots within this subdivision. ➢ At the request of the applicant: To add a 5' landscape buffer along Lot 2B but abuts Lot 2A. This 5' strip is being added to meet the Buffering Requirements for the development of Lot 2A. Commissioner Hawthorne motioned to approve the Final Plat with the Conditions as stated by Staff. Commissioner Williams seconded the motion. The motion carried 5 -0. AGENDA ITEM NO. 6 : Consideration, discussion, and possible action to remove an item from the table. The Conditional Use Permit for Cody's, a nightclub, located at 2501 Texas Avenue South, Suite D -101, was tabled by the Planning and Zoning Commission on September 20, 2001. (01 -183) Chairman Floyd explained that the Commission was informed during the workshop that the applicant asked the item to not be removed from the table. Commissioner Hawthorne motioned to remove the item from the table. Commissioner Williams seconded the motion. The motion carried 5 -0. AGENDA ITEM NO. 7: Consideration, discussion, and possible action on a Conditional Use Permit for Cody's, a nightclub, located at 2501 Texas Avenue, Suite D -101. (01 -183) Chairman Floyd stated that this item was tabled after the public hearing was held on September 20, 2001. Therefore, there will not be a public hearing on this item tonight. Commissioner Hawthorne motioned to approve. Commissioner Happ seconded the motion. P &Z Minutes October 4, 2001 Page 2 of 3 The Commission was forwarded a letter from the Assistant Police Chief regarding the expansion of Cody's, providing information on police reports at that site, and a comparison of those police reports to those of Hurricane Harry's, The Tap, and the Dixie Chicken. Commissioner Happ pointed out in the last paragraph of the letter the explanation of the expansion to Cody's as that of being a restaurant and comedy club, which would not generate more noise, which was the major issue. Commissioner Williams stated that she would like to have some proof from the applicant regarding the steps he plans to take to achieve an acceptable noise level, be it acoustical treatments, sound proofing, or other alterations to the building. Commissioner Hawthorne stated that he hopes an amicable solution will be reached through code enforcement and the cooperative nature of the business owners and local residents. He stated that the property owner has the right to request a Conditional Use Permit. Commissioner Happ agreed and cited the Ordinance as Section 2.13.3. He questioned whether the City has the capability to measure the noise level. Staff Planner Hitchcock stated that the police have the capability of doing that. Commissioner Floyd stated that it might be the deep base that continues to create the noise problem and the vibration that is a nuisance to the local residents. He explained that the question is about issuing a Conditional Use Permit and whether or not this is an appropriate land use. The mobile home park was established before this commercial strip was developed. He added that the citizens have expressed and the record shows there is a basis for the Commission to question whether this proposed use would be detrimental to health, welfare, and safety of the surrounding neighborhood. I believe there is ample evidence that it is. I believe we have the right to rule on whether or not we allow the expansion of this activity at this particular site. I do not advocate this to be a question as to whether or not we are enforcing our ordinances. Commissioner Williams stated that she supports Chairman Floyd's position on this and that she does not believe this to be an appropriate place for a nightclub. Chairman Floyd called the question. The motion to approve failed 3 -2 with Commissioners Floyd, McMath, and Williams voting in opposition. Commissioner Williams motioned to deny. Commissioner McMath seconded the motion. The motion to deny carried 3 -2, with Commissioners Hawthorne and Happ voting in opposition. AGENDA ITEM NO. 8: None. Discussion of future agenda items. AGENDA ITEM NO. 9: Adjourn. Commissioner Hawthorne motioned to adjourn the meeting that was seconded by Commissioner Williams. The motion carried 5 -0. The meeting adjourned. APPROVED: P &Z Minutes October 4, 2001 Page 3 of 3 ATTEST: Staff Assistant, Susan Hazlett Chairman, Rick Floyd P &Z Minutes Oetober4, 2001 Page 4 of