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DATE:
CASE NO.:
APPLICANT:
PROPERTY OWNER:
REQUEST:
LOCATION:
PHYSICAL FEATURES:
Area:
Frontage:
STAFF REPORT
May22, 1996
96-706
Arthur Arranaga
CS Village Shopping Center, LC
Conditional Use Permit to allow a nightclub expansion
for Sidepockets of approximately 3800 square foot
(existing poolhall is 8500 sf)
700 University Drive East; in the southeast corner of
The Village Shopping Center; behind Golden Corral
The shopping center occupies 6.25 acres (excluding
Block Buster and Golden Corral)
The Village has no frontage on University, although
there are aCCeSS easements that provide an entrance
to the center from University Drive. Main access is
from Tarrow.
AREA ZONING AND LAND USE:
Subject Tract: C-B Commercial Business; developed as The Village
Shopping Center
North: C-B Commercial Business; developed as Golden
Corral and Block Buster Video
East: C-BCommercial Business; currently vacant
South: R-4 ApartmentILow Density; developed as four-
plexes
West: C-N Neighborhood Commercial and R-l Single
Family; developed as Peking Express surrounded by
low density residential
LAND USE PLAN:
Retail Commercial
NOTIFICATION:
Legal Notice Publication(s):
Advertised Commission Hearing Date(s):
Number of Notices Mailed to Property
Owners Within 200':
Response Received:
STAFF COMMENTS:
5-15-96
5-30-96
33
None as of 5-22-96
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 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)
There are no site changes proposed, therefore there was no requirement for additional site
plan review.
The original location was originally approved in April'1992, when a dance club requested
a CUP. However, the use was never established in this location, and, several months later,
the applicant requested use of the same lease space for his pool hall. Due to the fact that a
CUP was already in place and had not expired,. the applicant was not required to pursue a
CUP at that time.
At this point, parking is not a concern because the center complies with Zoning Ordinance
requirements of 1 space for every 200 square feet. This requirement assumes that up to
25% of any shopping center may be used for intense uses such as restaurants, theaters, and
nightclubs.
Staff sees no conflict between the proposed use and the abutting R-4 four-plexes because
the distance to those dwellings is substantial and there is a row of buildings between this
lease space and the residential lots. There have been no complaints from the area residents
against the existing establishment.