HomeMy WebLinkAboutStaff ReportsSTAFF REPORT
Item: Public hearing and consideration of a Conditional Use Permit for the use only of a
restaurant under 900 sq. ft. without a drive, -thru to be located in the existing Post Oak Village
shopping center at 900 Harvey Road. (99 -702)
Applicant: Post Oak Village Ltd.
Item Summary: The proposed restaurant would be housed in the Post Oak Village shopping
center. The center contains 36,737 s.f. of space and is occupied by several retail businesses. The
restaurant use requires a conditional use permit.
The property is zoned C -3 commercial and is surrounded by C -1, R-6, WPC and C -3 zoning. This
area is shown as regional retail on the Land Use Plan. The closest residential property is an
apartment complex which shares the southeast property line.
Staff is not concerned that the request will negatively impact the parking situation on site. The
request is for a regltively low percentage of the total leaseable square footage of the center, and we
are unaware of any current parking problems at this site. The center itself does not meet the
current parking requirement for shopping centers of I space per 150 square feet, however, that
parking requirement also assumes that up to 25% of the center would be devoted to theaters,
restaurants, and nightclub use, only one of which would be permitted in this zoning district and any
parking problems can be monitored through the conditional use permit process.
Item Background: The subject property was rezoned in the early 1980's to a C -3 rather than the
originally requested C -1 due to the City's concerns that the site is too narrow to accommodate high
traffic generators. The C -3 district at that time did not permit restaurants, theaters, and nightclubs
that would otherwise be permitted if the shopping center were to be zoned C -1. About two years
ago, the C -3 district was amended to allow restaurants under 1500 square feet without drive -thrus
to be permitted as conditional uses so that any potential parking or traffic problems could be
mitigated.
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)
I. "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.
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 Plan.
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
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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: NA
Commission Action Options: The Commission has final authority over the Conditional Use
Permit and associated site plan. The options regarding the use permit are:
1. approval as submitted
2. approval with conditions relating to specific site characteristics or with time limitations
3. denial with specified reasons for denial
4. table, or
5. defer action to a specified date.
Supporting Materials:
1. Location Map
2. Application
3. Engineering and Notification Information
4. Proposed restaurant information
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INFRASTRUCTURE AND FACILITIES
Water: Adequate for existing and proposed uses.
Sewer: Adequate for existing and proposed uses.
Streets: Adequate for existing and proposed uses.
Off site Easements: Adequate for existing and proposed uses.
Drainage: Adequate for existing and proposed uses.
Flood Plain: N/A
Oversize request: N/A
Impact Fees: N/A
NOTIFICATION:
Legal Notice Publication(s): The Eagle; 1-6 -99
Advertised Commission Hearing Dates(s): 1 -21 -99
Advertised Council Hearing Dates: Not required
Number of Notices Mailed to Property Owners Within 200': 10
Response Received: None as of date of staff report.
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