HomeMy WebLinkAboutStaff Report STAFF REPORT
Project Manager: Crissy Hartl, Staff Planner Report Date: September 10, 2007
Email: chartl@cstx.gov Meeting Date: September 20, 2007
Project Number: 07-00500194
Item: Public hearing, presentation, possible action, and discussion on a Conditional Use Permit
for a night club located at 913 Harvey Road, Suites A & B in the Woodstone Center Courtyard.
Applicant: Gary Seaback, agent for Robert Martell, property owner
Staff Recommendation: Staff recommends approval of the Conditional Use Permit.
Item Summary: The applicant is requesting a Conditional Use Permit for a nightclub in the
Woodstone Center Courtyard Shopping Center on Harvey Road. There is currently an existing
nightclub operating in this lease space. However, because the applicant is making changes to
the layout of the nightclub by moving the outdoor patio from the back of the building to the front
of the building, a Conditional Use Permit is required. The existing nightclub is 4,000 square feet
in area. The proposal includes a new 1,350 square foot outdoor patio that would face Harvey
Road. The proposed hours of operation are 5:00 p.m. to 2:00 a.m., nightly. The total allowed
occupancy for the lease space and outdoor seating area is estimated between 500-700 people,
and the applicant is planning to have between 5 and 20 employees.
The property currently has 318 parking spaces on site. According to the UDO, the required
number of spaces for a shopping center of this size is 206 parking spaces. Shopping centers
are permitted to have a maximum of 25% of intense uses (12,865 square feet), including
restaurants, coffee shops, nightclubs, laundromats, etc. without the need for additional parking.
Intense uses in excess of the allowed 25% are permitted when additional parking is provided.
With the proposed conditional use, there will be 17,650 square feet, or 34.3%, of intense uses in
the center, requiring 302 parking spaces.
Generally, other uses in the center have peak hours that differ from the proposed nightclub. A
number of the tenants are offices and personal service retail with operating hours during
standard business hours.
The center is located adjacent to Cripple Creek Condominiums, Sausalito Apartments and
Sundance Apartments.
Comprehensive Plan Considerations: The Land Use Plan designates this property as
Regional Retail. The Thoroughfare Plan designates Harvey Road as a major arterial, Munson
Avenue as a minor collector, and Dartmouth Street as a major collector. The property is
surrounded by R-4 Multi-Family developed as Cripple Creek Condominiums to the northwest, R-
6 Multi-Family High Density developed as Sundance Apartments to the southwest, and Harvey
Road to the southeast.
Item Background: The subject property was annexed in 1956 and was zoned C-1 General
Commercial in 1973. The property was platted in the University Oaks Section 2 subdivision in
1970.
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 the use: (Staff comments are in
italics)
1. Complies with the Purpose and Intent of the UDO.
Staff conducted a technical review and found general compliance with development
regulations.
2. Is consistent with the Comprehensive Plan.
The request does not fully comply with the Comprehensive Plan, specifically Objective 3.1,
which states "College Station should continue to protect the integrity of residential areas by
minimizing intrusive and incompatible land uses and densities." While allowing the use may
impact neighboring multifamily residences, moving the outdoor area further from adjacent
residences and closer to Harvey Road should reduce the impact that already exists.
3. Is compatible with the surrounding area.
The public hearing is an opportunity for the Commission to measure the potential impact on
surrounding land uses.
4. Is harmonious with character of surrounding area.
The Use is located in the Woodstone Center Courtyard Shopping Center on Harvey Road
adjacent to Cripple Creek Condominiums, and Sundance Apartments and across Munson
Avenue from Sausalito Apartments.
5. Minimizes infrastructure impacts.
The proposed use will not impact infrastructure more than other permitted uses.
6. Will not negatively affect existing environment.
The proposed use is consistent with other existing uses in the shopping center.
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.
Related Advisory Board Recommendations: None.
Commission Action Options: The Commission acts as a recommending body to the City
Council on the question of 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; 09-04-07 and 9-25-07
Advertised Commission Hearing Dates(s): 9-20-07
Advertised Hearing Dates: 10-11-07
Number of Notices Mailed to Property Owners Within 200': 88
Response Received: Staff received one call in opposition, and one inquiry phone call.
Supporting Materials:
1. Small Area Map (SAM) and Aerial Map
2. Application
3. Letter from applicant
4. Copy of Site Plans (provided in packet)