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Home My WebLink AboutMinutes MINUTES Planning and Zoning Commission CITY OF COLLEGE STATION, TEXAS November 2, 2006 COMMISSIONERS PRESENT: Chairman John Nichols, Harold Strong, Marsha Sanford, Bill Davis, Dennis Christiansen and Glenn Schroeder. COMMISSIONERS ABSENT: Derek Dictson. CITY COUNCIL MEMBERS PRESENT: None. CITY STAFF PRESENT: Staff Planners Crissy Hartl, Lindsay Boyer, Grant Wencel and Jason Schubert, Senior Planner Jennifer Prochazka, Planning Intern Hayden Migl, Planning Administrator Molly Hitchcock, Assistant City Engineer Alan Gibbs, Graduate Civil Engineers Carol Cotter and Josh Norton, Acting Director Lance Simms, Staff Assistant Lisa Lindgren, Assistant City Attorney Carla Robinson, Information Services Representative Brian Cook. 1. Call meeting to order. Chairman Nichols called the meeting to order at 7:05 p.m. Regular Agenda 11. Public hearing, presentation, possible action, and discussion on a Conditional Use Permit for Winestyles Wine & Gifts located at 1741 University Drive E in the Gateway Retail Center directly behind Cheddars restaurant. Case#06-500213 (JS) Jason Schubert, Staff Planner, presented the Conditional Use Permit and recommended approval. No one spoke during the public hearing. Commissioner Strong motioned to recommend approval of the Conditional Use Permit as submitted with the condition that some type of partition or physical separation be put between the outside seating area and parking lot. Commissioner Christiansen seconded the motion, motion passed (6-0). 13. Adjourn. Commissioner Davis motioned to adjourn. Commissioner Schroeder seconded the motion, motion passed (6-0). Meeting was adjourned at 8:50 p.m. STAFF REPORT Project Manager: Jason Schubert, Staff Planner Report Date: OcIober 23, 2006 Email: jschubert@cstx.gov Meeting Date: November 2, 2006 Project Number: 06-00500213 Item: Public hearing, presentation, possible action, and discussion on a Conditional Use Permit for Winestyles Wine & Gifts located at 1741 University Drive E in the Gateway Retail Center directly behind Cheddars restaurant. Applicant: Julie Allen, proprietor Staff Recommendation: Staff recommends approval; however, the public hearing may bring forth additional information regarding potential impacts that may be associated with the proposed use. Item Summary: The applicant is requesting a Conditional Use Permit for a 2,130 square foot wine boutique located in the Gateway Retail Center on University Drive. The subject lease space is one of three in a 7,663 square foot retail building located between Home Depot and Cheddars restaurant. The other tenants are T.C. Homes Design Studio and LazrSmooth, a medical clinic. The proposed hours of operation are 11:00 a.m. to 9:00 p.m., Monday through Saturday, and 12:00 p.m. to 5:00 p.m. on Sunday. A building permit has been issued that allows the business to function as a retail use and sell wine by the bottle. The applicant is seeking to sell wine by the glass and provide occasional entertainment for which a Conditional Use Permit is required to classify the establishment as a night club. In addition to three tables on the interior, the applicant is proposing a 153 square-foot outdoor seating area that will accommodate three patio tables. According to the Unified Development Ordinance (UDO), shopping centers are permitted to have a maximum of 25% of intense uses without providing additional parking. The subject use and LazrSmooth are intense uses. Phase 1 of the shopping center requires 31 parking spaces and has provided 51 spaces. The excess parking covers the excess intense uses. Phase 2 of the retail center has not been submitted but due to parking constraints it may contain only retail. The Texas Alcoholic Beverage Commission regulates the sales of alcoholic beverages and prohibits sales within 300' of a church, public or private school, or public hospital. All such uses are beyond the 300' boundary. Comprehensive Plan Considerations: The Land Use Plan designates this area as Regional Retail. University Drive is a major arterial and Glenhaven Drive is a minor collector on the City's Thoroughfare Plan. The property is zoned C-1, General Commercial, surrounded by other C-1 commercial parcels on all sides, and located in the Corridor Overlay District. Item Background: The subject property was annexed into the City of College Station on August 27, 1958. The property was rezoned from C-1 General Commercial to C-B Business Commercial on November 20, 1991. With the adoption of the UDO in 2003, the C-B district was combined with C-1. The Corridor Overlay District was adopted on January 9, 1992. The subject property is currently platted. There have been no recent actions on the property, though Comprehensive Plan Amendments and rezoning requests have been submitted on property to the north of Home Depot. Other activities in the vicinity include the submittal and/or development of: PetSmart, Linens-N-Things, Circuit City, Posados, and Fish Daddy's. Staff Analysis: Section 3.13 of the Unified Development Ordinance authorizes the existence of conditional uses. The Planning and Zoning Commission may recommend to the City Council to approve an application for a conditional use permit where it reasonably determines that there will be no significant negative impact upon residents of surrounding property or upon the general public. The City Council may permit a conditional use subject to appropriate conditions and safeguards, when after public notice and hearing the Council finds that: (Staff comments are in italics) 1. Purpose and Intent of UDO. Staff conducted a technical review and found general compliance with development regulations. 2. Consistency with Comprehensive Plan. The request is in compliance with the Comprehensive Plan. 3. Compatibility with Surrounding Area. The public hearing is an opportunity for the Commission to measure the potential impact on surrounding land uses. 4. Harmonious with Character of Surrounding Area. The use is located in a retail center lease space which has an approved site plan that meets minimum requirements. 5. Infrastructure Impacts Minimized. The proposed use will not negatively impact infrastructure more than other permitted uses. 6. Effect of Environment. The proposed use is consistent with the restaurant and other commercial uses in the vicinity. The City Council may impose additional reasonable restrictions or conditions to carry out the spirit and intent of the Unified Development Ordinance and to mitigate adverse effects of the proposed use. These requirements may include, but are not limited to, increased open space, loading and parking requirements, additional landscaping, and additional improvements such as curbing, sidewalks and screening. Commission Action Options: The Commission is a recommending body for Conditional Use Permits. The options regarding the use permit are: 1. Recommend approval as submitted; 2. Recommend approval with conditions relating to specific site characteristics or with time limitations; 3. Recommend denial with specified reasons for denial; 4. Table; or, 5. Defer action to a specified date. NOTIFICATION: Legal Notice Publication(s): The Eagle; 10-17-06 and 11-03-06 Advertised Commission Hearing Date: 11-02-06 Advertised City Council Hearing Date: 11-20-06 Number of Notices Mailed to Property Owners Within 200': 14 Response Received: None as of date of staff report. Supporting Materials: 1. Small Area Map (SAM) and Aerial Map 2. Application 3. Copy of Site Plan (provided in packet)