HomeMy WebLinkAboutStaff ReportSTAFF REPORT
Item: Public hearing and consideration of a Conditional Use Permit for a proposed Restaurant and
Nightclub to be located in the Chimney Hill shopping center. at 701 University Dr. (Planning Case
98-700)
Item Summary:. The proposed restaurant and nightclub. would be housed in the Chimney Hill
shopping center. The center contains 76,818 s.f. of space and is occupied by several businesses.
Approximately 43,571 s.f. is currently vacant. The applicant intends to use. the large 41,321 s.f.
vacant space for several uses including office space; .warehouse space, and a restaurant and
nightclub. The restaurant/nightclub use requires a conditional use permit.
.The property is zoned C-B commercial. and is entirely surrounding by other commercial uses zoned
C-1 and C-B. The closest residential properties are the condominiums in Chimney Hill which are
more than 400-feet away. There are no churches or schools within 1000 feet.
Because this is a shopping center with shared parking, the size of the restaurant/nightclub use will
be limited by the existing parking. When a restaurant or nightclub use exceeds 25% of the
shopping center floor area, then it is required. to provide additional parking This shopping center is
required to have 384 spaces, however.45.1 currently. exist.. By taking into account the 64 parking
spaces that exist in excess of the required number,. this use can have a maximum. size of 18,3.85.
s.f. and meet the minimum ordinance requirements. The addition of parking spaces. in the future
" could allow for the: expansion of this use if such an expansion is approved by the Commission.
Because this business will have a different time of use,. most of the other businesses in the center
should not be impacted by the additional parking. generated. by the proposed use.
Policy Issue Statement:
Civic .Pride .Citizens benefit from well-planned, attractive residential and
commercial areas,. and from. preserving historic areas.
The Land Use Plan shows this area as commercial.
Item Background; A large portion of this shopping center was vacant for several years. Recently
it was used to store materials for the .George Bush Library, Those materials have been moved and
it is now vacant again. Over the past. severaLyears, other restaurants have. also been located in this
shopping center..
Budgetary & Financial Summary: NA
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:" This use meets. all. of the minimum ordinance requirements.
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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 Plan for
Development of the City." This use is in line with the Land Use. Plana
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." The public hearing is an opportunity for the Commission to measure the
potential impact on surrounding`land uses.
"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 proposed use.. These
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.
Related Advisory Board Recommendations: N/A
City Attorney Recommendation/Comments: No concerns expressed.
Commission .Action ..Options: Approval, approval with conditions as provided in the above
section, or denial of request.
Supporting Materials:
1, Location Map
2. Application
3. Site survey
4. Notification Information
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NOTIFICATION:
Legal Notice Publication(s):.. The Eagle; 2-18-98
Advertised Commission Hearing Dates(s): 3-5-98
Advertised Council Hearing Dates: Not required
Number of Notices Mailed to Property Owners Within 200':. 20
Response Received: None as of date. of staffreport.
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