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HomeMy WebLinkAboutStaff Report ~.r '.6 ~3 _ _ u ~ __ __ _ _ ~~ ~ . p 1 ~. I l ,I ~~ ~~~~ REFQRT ~, ~~ DATE: October 3.1., 1991 P CASE N©.: 91-7~.1 APPLI~ANT~ Katherine Garza OWNER:.:... Sam DeStefana ~~i '~~ ; RE UEST: Conditlona~ Use Permit for a Nighclub Q ; ~~ %i l 'i j LOCATIONe Shopping center at the northeast corner of Walton and. Texas i '' ~~~J~ ~~~~~~~ I ' YSICAL FEATURES: A roxiatel 36,000 sq ft-for the actual PH pp y . . shopping cuter; around 35,400 addltlonal sq. i the ublic arkn area..: f. n p p g 'the st~i center is located on the curve that p leads: onto and off of Walton from Texas: i Avenue :.AREA ZONfNG AND )~,ANI) USE: Sub'ect Tract: C-1 General Commercial; developed as J 1 East~ate Shopping Center - North: C-~. General Con~merclal; developed as College ~ Station 1VIed%cal Center East: ~-~. General Com~.ercial; developed as storage buildings With a park located on the northwest corner of Walton and Foster ', South: ~-1 General Commercial; developed as strip commercial ~~ C U College and University; developed as West:. - A~N~ Golf Caurse LAND USE PLAN::. Retail Commercial ENGINEERING: See FRC report. NaTIFICATION: Le a1 Notice Publications 10-23-91 g ~~ Advertised Commission Hearing Date(s~. 11-7-91 Number of Not%ces Mailed to 1?~operty CJwr~ers. ~~ Within 200'; 1 Res onse Received: 3 opposed p ; _ ~. inquiry I .III 1 i i J ~'~ ~ j I SUP CoN~I~~RATIfJNS_ Conditional use ermts ~:re ranted b the Commission,.. subject. to v ~. g y a rapr~ate Condtlohs and safeguards, when the Commission finds. pp meets all the minimum standards-:established A. That the, proposed us in the Zoning Ordinance f car this type ~f use; That the ro osed use- is 1n harmon with the urpose and intent of B. p p y p the zoning ordinance ar~d tl~e plan for physical development of the district as embodied in the comprehensive plan for the development of the City;: wi11 not be de rimental to the health C. That the ro ose~ use. _~ p . welfare, and safety of the surronnding neighborhood or Its occupants, nor be substantially or..peranently ~n~urzous to neighboring .property. See sec. 14, ordinance 1~3~ STAFF Co1V~VIENTS The P.R.C. reviewed this ro'ect on ~ctdber 23, 19.91, and had the p~ following comments: - A fire h drar~t must rowided wthih 300' of the furthest part of _y _ p the buildin . A.t the tine of the e~tin there was some question. g ~ regarding the avallab~llty of adequate water for fire protection. Since that time, the 'Water and wastewater Division has found that both an $" ling and a 1~~' line are available.. -Charles Smith the F&Z re resentative at PRC, suggested fencing i '~ off the alley behind the bu~ld~ug - Plannin staff su ested rovision of some Landscaping. The site g g~ p does not currently provide any vegetation. The e arkin~ lot will need to be striped. p '~ i `' _ rms of number of arkin s aces The .center 1s nonconforming in e _ p g p , arkin and building setbacks, parking islands, and landscaping. p ~ Aerial hoto ra - hs show that the center rovides 35 arkin spaces. { ..p~ g p r_ ~ p ~. Tradt~onaliy, the C1ty has counted the 24 parking spaces available In the R.o~V. as additional. akin for the centers The total. parking.. provided _p g . for eustamers of the center rs 59 parking spaces. On Tuesday, November 5 1991 this a licant wi l come before the :Zoning Board of Adjustment pp to re uest a - arkin variance ~f 1o spates. The results..... of that meeting q p g will be available at the P~iZ meeting, ~f the variance is granted, the ~~ 1 i ,~_ . :~ 'll still be 14 aces host of current ordinance requirements. The .....center. wi p. follawn issues should ~be noted wl~e~. reviewing this permit: g The a licant :contends that this j'~ro'~"~ert is unique because of its ~~ ' tl r t` !'" "Downtown qualzty aid theref©r~ has. very little :land surrou~drng 1t that is available for parking. ~; ~~ There are similarities between a downtown area and this site... There are several differences, however, that should be noted: ; 1. Man downtown areas have aid arl~n available throughout y ~~°g ° ~~; the inner ortlons, as well as an the periphery, sometimes with p ,: ~~ public transp~rtatlon from these lots to the businesses. ~, ~'~ 2. N~ost downtown areas ~.re not-.as near to .residential ne hborhoods as this ro ert . Zf parking demand exceeds the g ~ p ,y entlal number of spaces., provided, the overflow well. occur onto resld .. streets As with ~h~h's, the Clty has no may of predicting the ularit of this use y pp 3 M~:n :downtown businesse ,including he Northgate area, ~~ y t as receive a large potion of walk-~n customers. Pedestrians are ono prevalent in this area. arkin re uiremets ~ td rdvide ade uate and safe off- The intent of q ~~ p ~ ~ p street asking for customers, and to protect residential neighborhoods from p an unusual amount of veh2cles parked on their stree s, ~~ ~ e a lcant ex~ ects a ~~ to 1~0 e~ le on same ni hts to tome to this Th pp p p p, ~' g ni htclub and contends that the different hours of operation of the various tenants xn the shipping center .negate the need, for additi • p g The Con~missian may chaose to l~rr~~t the hours of operation of this business to e~venin hours onl ,hut it cannot ensure that surrounding g ~ ~~~ businesse will close down during these .same hour. 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