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MEMORANDUM
TO: Planning & Zoning Commission
FROM: Jane R. Kee, City Planner' ~,
RE: Amendment to the C-3 Planned Commercial Zoning District
DATE: July 8, 1996
The staff has had difficulties with the C-3 zone for some time. We have never allowed any
eating establishments with sit down dining, .because C-3 was specifically designed for
lower traffic generators. Theaters, .restaurants, night clubs or other higher traffic
generators are not permitted. Quite often someone will ask whether a small. eating
establishment can go in a C-3 zone, for example, an ice cream parlor or seating as an
incdential use to a retail business .where coffee might be served. These examples are
quite reasonable:
Staff feels comfortable that small restaurants with sit down seating and without drive thrus
would meet the intent of the C-3 zone and would recommend :amending it to include such.
'"Building o Better City in Partnership with You"
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MEM®RANDUM
TO: Planning and Zoning Commission
~F1tO1VI: Sabine Kuenzel, Senior Planner
DATE: July 26, 1996
RE: C-3 amendment to allow restaurants
At the last meeting of the Commission, we discussed a possible ordinance amendment to
allow some smaller restaurants to locate within a C-3 zoned district with a conditional use
permit. The Commission discussed possible minimum standards which will need to be met
in each future case that may come up: In particular, the Commission was concerned that
the addition of some. on-premise consumption would open the door to nightclub type uses
(such as ice houses).
We have been fairly well preempted by the TABC in the regulation of alcohol related
businesses. The preemption clauses were adopted by the State in 1987. Basically, we
cannot. impose stricter requirements on premises that are required to have an alcoholic
beverage .license and not place those same requirements on premises that do not sell
alcohol This legislation has recently been tested in the courts and the outcome is simply
that we cannot treat one .establishment differently from another if the only difference is
that ®ne has alcohol and :the other does not.
However, there is one thing that the City can do on the alcohol-related issue. A city can
still regulate and control the location of an establishment. that derives 75% or more of its
gross revenue from the on-premise sale of alcoholic beverages. We could change our
nightclub: definition to mirror. this standard, and then clearly .prohibit them in the C-3
district. Other uses, such as restaurants that serve alcohol, would stillbe permitted.
Other things that we could do include the following:
1. State that he Commission would only issue a Conditional LTse Permit for a restaurant
if the site. meets the minimum. requirements for parking, or give the applicant the option of
supplying numbers to prove hat the increase will not create a parking problem.
2. State-that a CUP would be issued under the condition that the site be monitored for
clean-up.
3. Impose a minimum distance that the restaurant .must be located from a residential
structure.
In addition to the optional conditions listed above, an applicant for any Conditional Use
Permit would also have the. responsibility to prove to the Commission that the standards
for a CUP have been met. These are listed in Section of the Zoning Ordinance as follows:
1. That the proposed use meets all the minimum standards established in the Zoning
Ordinance for this type of use.
2. 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.
3. 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.
"7.15 DISTRICT C-3 PLANNED COMMERCIAL
A. PURPOSE: This district is designed to provide locations for commercial sites that are too
small for :many permitted uses in the.. General Commercial District. These shetrld~e are
,.:e}y moderately low traffic generators that ~ have little impact on adjacent
areas and on adjacent thoroughfares.
B. PERMITTED USES: All in A-P plus the following:
Alcoholic beverage sales -retail and wholesale ~°~+^^+°a +~ ^~ ~r°~"°°°
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Car wash.
Cleaner/laundry.
Cold storage.
Garage, commercial.
Mini-storage warehouses.
Nursery/plant sales.
Radio and TV stations (no towers)..
Rental -vehicles .and equipment.
Repair shops.
Retail sales. and service.
Shopping center.
Other. uses maybe permitted by the Commission.
C. SITE PLAN/LANDSCAPE REVIEW REQUIRED: Refer to Sections 10 and 11.
D. CONDITIONAL USES PERMITTED: The following conditional. uses shall be allowed in
addition to any use .allowed under.Section 8.12:
Restaurants, at ~ maximum of 150Q square feet, without adrive-thru.
Funeral homes.
Large recycling collection facilities.
E. AREA REQUIREMENTS: Refer to Table A at the end of this section. Maximum lot size
3 acres.
F. PARKING REQUIREMENTS: Refer to Section 9.
G. SIGN REGULATIONS; Refer to Section 12."
III.
This ordinance shall become effective -from and after its passage. in accordance with the Charter of
the. City of CoXlege Station.
PASSED, ADOPTED and APPROVED this the day of August, 1996.
APPROVED;
LYNN McILHANEY, Mayor
ATTEST:
CONNIE HOOKS, City Secretary