HomeMy WebLinkAboutStaff ReportSTAFF REPORT
Item: Conditional Use Permit to allow,a night club to be located in the Brandywine Shopping
Center, 2700 South Texas .Avenue on the 1VW corner. of F.M. 2818 and South Texas AvE.nue
(formerly known as the K-Mart building). (Planning. Case No. 97-714)
Item Summary: The subject .property is entirely bordered by three streets -- the 2818/Texas
Avenue frontage road, Valley .View, and Longmire. It is zoned C-1 General Commercial and
backs up to C-2 Commercial Industrial. development. The C-1 zoned Putt-Putt development is
located to the north as well as apartment development. The out parcel located in the. northeastern-
most corner of the block has a conditional use permit for operation of a brew pub (former
Ferrarr's restaurant). The nearest' residential building is amulti-family building located
approximately 250' from the north building wall of the shopping center.
.Policy Issue Statement:
Civic Pride -Citizens benefit from well-planned, attractive residential and
commercial areas, and from preserving historic areas.
Item Background: The property has recently changed ownership and tenancy from the previous
K-mart to a center with multiple lease spaces.. In April of last year, the Commission granted a
Conditional Use Permit for Burton Creek Pub.
Budgetary & Financial. Summary: N/A
Staff Recommendations: Section 14 of the Zoning Ordinance authorizes the .existence of
conditional uses. The Commission may permit a conditional use subject to appropriate conditions
and safeguards,. when after public notice and hearing the Commission finds that: {Staff comments
are in italics)
1. "The .proposed use meets all the minimum standards established in the ordinance for the
type of use proposed:"
The center currently supplies. 79S parking spaces, mosf of which will become available for• the
two nightclubs during. their peak hours.
2. "'That the. proposed use meets the purpose and intent. of the ordinance and is in harmony
with the development policies and goals and objectives as embodied in the Comprehensive Plaxi for
Development of the. City."
The. request is in compliance with the Land Use Plan for the area.
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 br permanently injurious to
neighboring property."
The public hearing is an opportunity for the Commission to measure the potential impact on
surrounding land uses..
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"The Commission may impose additional reasonable restrictions or conditions to carry out the
spirit and intent of the ordinance and to mitigate adverse effects of the propgsed use. TJhese
~ requirements may include, but are .not limited to, increased open space, loading and parking
requirements, additional landscaping, and additional improvements such as curbing, sidewalks and .
screening."
Unless the public hearing brings to light any new information. indicating potential negative
impacts, Staff recommends approval.
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Related Advisory Board Recommendations:: N/A
City Attorney Recommendation/Comments:
Commission Action Options: Approval, approval with conditions, or denial of request.
Commission: may also defer action to a specified date or table a use permit request for additional
~ information necessary to make a decision.
~ Supporting .Materials:
1. Location Map
2. Application
3 . Engineering Information and Notification Information
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ENGINEERING
Water: The. existing infrastructure is adequate for the proposed use. The property has
an eighteen and twenty four inch water line on its boundaries.
I; Sewer: The existing infrastructure is adequate for the proposed use.. An eight .inch
~ sanitary sewer line services the property.
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I Streets: This property has frontage along three streets, all of which have adequate
capacity..:
Off-site Easements: Not applicable.
Sidewalks: Not applicable.
Drainage: No review.required since no change in impervious surface.
Flood Plain: According to FEMA Flood Hazard Maps, this property is not located
within the 100-year flood plain.
Oversize request: Not applicable.
Parkland Dedication: Not applicable.
Impact Fees: Not applicable.
NOTIFICATION:
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Legal Notice Publication(s): The Eagle, August 6, 1997
Advertised Commission Hearing Dates(s): August 21,1997
Advertised Council Hearing Dates: Not required
Number of Notices Mailed to Property .Owners Within 200' : 10
Response Received: 2 calls in opposition
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