HomeMy WebLinkAboutStaff ReportSTAFF. REPORT
January 30, 1997
Item: 97-700 Conditional Use Permit to allow the conversion of a vacant warehouse to a
9000 square. foot night club.
Item Summary: The subject property is located between Marion Pugh and the railroad
tracks near the recently constructed McDonalds. The .zoning on the property .permits all
nonresidential uses, either as uses by right or as conditional uses. Surrounding. property
has 'historically been underutilized due in part to the railroad adjacency and to sewer
infrastructure constraints.
The issues that are .typically involved in a night club request include noise (both from
patrons. in the parking lot and from loud music), .overflow parking, and unfavorable
conduct of patrons leaving the establishment (littering, trespassing, etc.).. Complaints have
come mostly from residents living near existing night .clubs, .but some have come from
commercial tenants and customers when overflow parking occurs. on adjoining commercial
sites.
The nearest residential areas include the single family residential located .across the
railroad tracks. on the east side of Wellborn Road. The Treehouse I, Treehouse II, and
Treehouse Village apartment complexes are .located to the.' west. across Marion Pugh. The
management of these complexes has expressed concern regarding the potential noise and
increased traffic.
The applicant plans to maintain an establishment with a relatively low level of noise - no
dance floor or live band activity. is proposed. The applicant also intends to monitor the
parking lot to preventtrespassing, loitering, littering, and excess external noise.
The applicant will .also be required to upgrade the site to accommodate the additional
parking required by ordinance at a 1 space per 50' square foot ratio. There have been two
nightclub conversions in the past few: years that. were. nn a site by themselves with on-site
parking -Charlie's {now El Chico at .Holleman and Texas) and The Globe (behind
Wendy's on Southwest Parkway). Charlie's just met the parking .requirement and excess
parking was directed to the HEB parking lot across Holleman. The Globe exceeded the
parking requirement and Staff is unaware. of any parking problems that may have
occurred.
If the use is approved, a situ plan showing the parking to be installed will come back to the
Commission. for review.
Policy Issue Statement: The City Council has a policy of encouraging business growth
and the request will further this policy.
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ENGINEERING
Water: This site has .adequate service from existing water lines that are adjacent
to the property.
Sewer: This property may. have potential downstream capacity problems, but
due to_the fact that the. property is zoned M-2, this potential lack of capacity is
not the property owner's responsibility to correct.
Streets:. This property has .access to Marion Pugh which is classified as a
collector on the Thoroughfare Plan. As stated in an earlier section, the zoning on
this property could result. in uses with an even higher volume of traffic than the
proposed use.
Drainage:: The existing development is not required to be brought up to current
standards, but any development that occurs from this date must meet all design
criteria as outlined in, the City's Drainage Policy and Design Standards.
Flood Plain: .According to FEMA Flood Hazard. Maps, this property is not
located within the 100-year flood plain.
NOTIFICATION:
Legal Notice Publication(s): The Eagle
Advertised-Commission Hearing Dates(s): March 20, 1997
Number of Notices Mailed to Property Owners Within 200': (13)
Response Received: See attached minutes and letters
o: deve_ser/stfrpV97-700. doc
Council has also adopted the goal of protecting residential areas. There is a wide. range of
uses .that would be permitted on thi property that could contribute as much or more to
the traffic in the. area. This potential is due to the zoning on the property and not to the
specific request for a night club.... The Commission has the authority to regulate
characteristics that are generally attributable to .night club uses.
Staff Recommendations: Staff generally does not make recommendations in Conditional
Use Permit cases.. If the Commission finds that the use will be compatible with existing
and planned uses for. the area, then Staff recommends that approval be conditioned on the
following:.
T. That the nature. of the business remain similar to the use as described by the applicant
and that. any new activities' such as dance floors .and live bands be brought back to the
Commission for review.
2. That the parking lot be monitored against littering, loitering, loud noise from the
parking lot, and trespassing on adjoining properties.
P&Z Action Options: The Commission has the option of denying the permit, approving
the permit with no additional conditions placed on the night .club use, or approving the
permit with appropriate conditions to mitigate potential impacts.
Supporting Materials:
L Location Map
2. Application
3. Engineering Information
4. Notification Information
5. Letter in opposition
o:deve ser/stfrpt/97-700.doc