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HomeMy WebLinkAboutStaff ReportMEETING DATE: CASE NO.: APPLICANT: PROPERTY OWNER: REQUEST: LOCATION: PHYSICAL FEATURES: STAFF REPORT October 5,.1995 95=71.0 .Gary Seaback Jack Culpepper Conditional Use. Permit to allow the.. addition of 4750 square feet to the existing 9,347 square foot nightclub University Square (former Skaggs center) Existing Area: 9,347 square feet Proposed Area: 14,097 square feet Percent Expansion: 50% AREA ZONING AND LAND USE: Subject Tract: C-1 General Commercial; .developed as shopping center North: R-1 Single Family; developed as student housing ;East: C-U College/LTniversity; developed as TAMU's married student housing across College Ave. South: C-U .developed as TAMU West: ' R-6 Apartments/High Density and C-l; developed as the Ramparts apartment complex and mixed commercial LAND USE PLAN: Retail Commercial ENGINEERING: Water: Sewer: No conflict Streets• Flood Plain: NOTIFICATION: Legal. Notice .Publication(s):: 9-20-95 Advertised Commission Hearing. Date(s): 10-5-95 Number of Notices Mailed to Property Owners Within 200': 13 Response Received: None as of date of report STAFF COMMENTS; Conditional use permits are granted. by the Commission, subject to appropriate conditions and: safeguards, when the Commission finds:. A. That the proposed use: meets all. the minimum standards established in the Zoning Ordinance for this type. of use; B. That he proposed use is in harmony with. the purpose and intent of the zoning ordinance and the plan. for physical- development of the district as embodied in the comprehensive plan for the development of the City; C. That the proposed use will not be detrimental to the health, welfare, and. safety of the surrounding neighborhood. or its occupants,. nor be substantially or permanently injurious to neighboring property. (See sec. 14, Ordinance 1638) Due to the fact that there are no site changes proposed, no -site -plan is required. The Commission. is therefore reviewing the. use .only of the additional square footage that is to be ,added to the .existing night .club. .The existing nightclub has been in operation for a number of yearn and was in existence wwhen the Zoning Ordinance was changed to require Conditional Use Permits. The existing nightclub was therefore exempted from the Use Permit requirement. Parking demand is at its peak during the evening and nighttime hours, when most of the surrounding businesses are closed for the day. Parking therefore should not pose a problem in this particular case. STAFF REPORT MEETING DATE:. CASE NO,: APPLICANT: November 2, 1995 95-710 Gary Seaback PROPERTY OWNER: REQUEST: LOCATION: Jack Culpepper Conditional Use Permit to amend the addition of 3180 .square feet to the previously approved 4750 square foot expansion to Hurricane Harry's nightclub. University Square (former Skaggs center) PHYSICAL. FEATURES: Existing Area: 9,347 square feet Proposed Area: 17,230 square feet Percent Expansion: I 84% o j AREA ZONING AND LAND USE : Subject Tract: C-1 General Commercial; developed asshopping center North:: R-1 Single Family; recently purchased by TAMU and demolished East: C-U College/LTniversity; developed as TAMU's married student housing across College Ave. I South: C-U; developed as TAMU ~~ West: R-6 Apartments/Hgh Density and C-l; developed as the Ramparts apartment complex. and mixed ~ i commercial LAND USE PLAN: Retail Commercial ENGINEERING: Water• Sewer: No conflict Streets: Flood Plain: NOTIFICATION: Legal Notice Publication(s): 10-18-95 ~;~, Advertised Commission Hearing Date(s): 11-2-95 ~~ Number of Notices Mailed t o Property Owners Within 200': 13 Response Received: Two letters in opposition (presented at prevnous meeting and included in packet). STAFF COMMENTS: Conditional use permits are granted by the Commission, subject to appropriate conditions and safeguards, when the Commission finds: A. That the. proposed use meets all the minimum standards established in the Zoning Ordinance for this type of use;. B. That the proposed use is in harmony with the purpose and intent of the. zoning ordinance and the plan for physical development of the district as embodied. in the comprehensive pl"an for the development of the City; C. That the proposed use will not be detrimental to the health, welfare, and safety of the surrounding neighborhood or its. occupants, nor be substantially or permanently injurious to neighboring property. (See-sec. 14, Ordinance 1638) Due to the fact .that there are no site changes proposed, no site plan is required. The Commission is therefore reviewing the use only of the additional square footage that is to be added to the existing night club. The existing nightclub has been in operation for a number of years and. was in existence when the Zoning Ordinance was changed to require Conditional Use .Permits. The existing nightclub was therefore .exempted from the Use Permit requirement. The two etters that were received in opposition to this request indicate that the existing nightclub is creating a parking problem. in the center. and in the surrounding .areas. The letters state a belief that patrons of the existing nightclub are parking in the residentially zoned area located to the north of the shopping center. That area is currently owned by the University and future land uses are unknown.. There are no studies. available at this time to state whether or not there is a parking problem at the center. The Zoning Ordinance_ provides some guidance, however. It requires parking for a whopping center based on a mix of high- and low-intensity uses and based on the assumption that parking is shared. It limits the amount of urea that may be devoted to intense uses "(theaters, nightclubs, and :restaurants) to 25% of the `gross leasable area. Currently, 31,025 square feet of the center is allowed for intense uses. Of the 31,025 square feet, 12,298 are vacant within the cinema area. The request will take up 7,930 of the 12,298 square feet. The total square footage devoted to intense uses within the center will increase from. 15% to 21.4%. Therefore the request is still within the limits as set by the Zoning Ordinance.