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HomeMy WebLinkAboutStaff Report STAFF REPORT Project Manager: Grant Wencel Report Date: November 15, 2006 Email: @cstx.gov Meeting Date: December 7, 2006 Project Number: 06-228 Item: Public hearing, presentation, possible action, and discussion on the expansion of an existing Conditional Use Permit for the Roasted Bean Coffee Shop located at 2551 Texas Avenue South, Suite D, in the Homestead Place Shopping Center. Applicant: Michael Cutler Staff Recommendation: Staff recommends approval. Item Summary: The Applicant desires to have occasional live music at this new coffee shop. The music will be acoustical in nature and inside the building. This business is replacing the Hookah Station Night Club located within the leased suite in 2005 and 2006. The Roasted Bean will not serve alcohol as the previous business and is making minor revisions to the interior space. The use will remain classified as a Night Club according to the Unified Development Ordinance. The requested expansion of the Conditional Use Permit is to allow live music. Conditional Use Permits remain with the property. The prior business was granted a Conditional Use permit on April 19th, 2005 to operate a Night Club. The business was also granted an expansion to the Permit in September of 2005 to add an outdoor seating area. In this case the existing Conditional Use Permit remains valid for the new business. The Roasted Bean intends to continue to use the existing outdoor seating area in front of the business, with a total of 644 square feet contained by a 4-foot high ornamental fence. They will have limited food service and will not sell alcohol. The abutting businesses to the Roasted Bean are Q-Nails, a nail salon, and Cutler2 Salon and Spa. The business owner of the Roasted Bean also owns the Cutler2 Salon IAJLI �\ and Spa. The new coffee shop intends to be open from 6:30 AM to 7:00 PM, Tuesday /Ndjv thru Thursday; 6:30 AM to 12:00 PM, Friday and Saturday; and closed on Sunday and Monday. The majority of customer use will occur during the morning hours, changing from evening use of the former Night Club. The use is located approximately 400 feet from College Station Baptist Church. Homestead Place Shopping Center currently has 149 parking spaces. According to the Unified Development Ordinance, the required number of parking spaces for a shopping center of this size, if developed today, would be 123 spaces. Comprehensive Plan Considerations: The Land Use Plan designates this area as Retail Regional and Texas Avenue is a major arterial on the Thoroughfare Plan. The property is zoned C-1 to the north and south, R-4 developed as a manufactured home park to the east, and Texas Avenue to the west. Item Background: The Homestead Place Shopping Center was developed in the mid 1980's. The property was originally annexed in 1969, and has been designated C-1 prior to 1975. The center is located adjacent to Park Place Plaza Shopping Center and the Oak Forest Manufactured Home Park. 0 Staff Analysis: Article 3, Section 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. (Staff comments are in italics) 1. "The proposed use shall meet the purpose and intent of this UDO and the use shall meet all the minimum standards established in this UDO for this type of use." • Staff has determined that the use does meet minimum standards. According to College Station Codes, noise levels from live music are limited to 65 d.b.a. from 7:00 A.M. to 10:00 P.M. and 55 d.b.a. from 10:00 P.M. to 7:00 A.M. at all property lines. The applicant has stated to be in compliance with these levels. 2. "The proposed use shall be consistent with the development policies and goals and objectives as embodied in the Comprehensive Plan for development of the City." • The request is in compliance with the Comprehensive Plan. 3. "The proposed use shall not be detrimental to the health, welfare, or safety of the surrounding neighborhood or its occupants, nor be substantially or permanently injurious to neighboring property." • The public hearing is an opportunity for the Commission to measure the potential impact on the surrounding area. 4. "The proposed site plan and circulation plan shall be harmonious with the character of the surrounding area." • The proposed use is located in an existing commercial center with an approved site plan. 5. "The proposed use shall not negatively impact existing uses in the area or in the City through impacts on public infrastructure such as roads, parking facilities electrical, or water and sewer systems, or on public services such as police and fire protection, solid waste collection, or the ability of existing infrastructure and services to adequately provide services." • The propose use will not affect the existing infrastructure or public services. 6. "The proposed use shall not negatively impact existing uses in the area or in the City." • At this time, allowing live music within College Station's acceptable noise levels should not have a negative impact on existing uses in the area. The public hearing is an opportunity for the Commission to measure the potential impact. Additional reasonable restrictions or conditions may be imposed to carry out the spirit and intent of the 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. Related Advisory Board Recommendations: N/A Commission Action Options: The Commission acts as a recommending body on the question of Conditional Use Permits, which will be ultimately decided by City Council. The Commission options are: 1. Recommend approval as submitted; 2. Recommend denial; 3. Table; or, 4. Defer action to a specified date. NOTIFICATION: Legal Notice Publication: The Eagle, 11-21-06 and 12-22-06 Advertised Commission Hearing Date: Thursday, 7:00 PM, December 7, 2006 Advertised Council Hearing Dates: Thursday, 7:00 PM, January 11, 2007 Number of Notices Mailed to Property Owners Within 200': 8 Responses 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) 4. Picture of the Site Staff Analysis: Article 3, Section 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. (Staff comments are in italics) 1. "The proposed use shall meet the purpose and intent of this UDO and the use shall meet all the minimum standards established in this UDO for this type of use." • Staff has determined that the use does meet minimum standards. According to College Station Codes, noise levels from live music are limited to 65 d.b.a. from 7:00 A.M. to 10:00 P.M. and 55 d.b.a. from 10:00 P.M. to 7:00 A.M. at all property lines. The applicant has stated to be in compliance with these levels. 2. "The proposed use shall be consistent with the development policies and goals and objectives as embodied in the Comprehensive Plan for development of the City." • The request is in compliance with the Comprehensive Plan. 3. "The proposed use shall not be detrimental to the health, welfare, or safety of the surrounding neighborhood or its occupants, nor be substantially or permanently injurious to neighboring property." • The public hearing is an opportunity for the Commission to measure the potential impact on the surrounding area. 4. "The proposed site plan and circulation plan shall be harmonious with the character of the surrounding area." • The proposed use is located in an existing commercial center with an approved site plan. 5. "The proposed use shall not negatively impact existing uses in the area or in the City through impacts on public infrastructure such as roads, parking facilities electrical, or water and sewer systems, or on public services such as police and fire protection, solid waste collection, or the ability of existing infrastructure and services to adequately provide services." • The propose use will not affect the existing infrastructure or public services. 6. "The proposed use shall not negatively impact existing uses in the area or in the City." • At this time, allowing live music within College Station's acceptable noise levels should not have a negative impact on existing uses in the area. The public hearing is an opportunity for the Commission to measure the potential impact. Additional reasonable restrictions or conditions may be imposed to carry out the spirit and intent of the 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.