HomeMy WebLinkAboutStaff ReportsSTAFF REPORT
Item: Public Hearing and Consideration of a Conditional Use Permit, use only, for a
dance studio to be located in the shared building of ABC Aggieland Pest Control at 4202
A&B South Hwy 6. (99-715)
Applicant: Lee Clayton for ABC Aggieland Pest Control.
Item Summary:
This request is for the use of a lease space in the ABC Aggieland Pest Control Building,
located on the southwest corner of Southern Plantation Drive and State Highway 6 South,
in order to operate a dance studio in an adjacent lease space. The building is located in a
C-N, Neighborhood Commercial district that permits dance studios only as conditional
uses approved by the Planning and Zoning Commission. In order to approve the use of
this C-N proposal, the Commission must find that the purpose of the district is met. The
Zoning Ordinance states the purpose of this district as follows:
This district provides small commercial sites for residential convenience goods
and service businesses. No use shall be allowed which would adversely affect the
health, safety, welfare, or residential character of the neighborhood The use
shall be a low traffic generator and shall not create any noise, light, or odors
abnormal to the neighborhood No outside storage or display of goods or
materials shall be allowed
The applicant's proposed dance studio would use 2,184 of the total 5,000 square feet of
the existing building. Site work in respect to parking and other issues is required for this
proposed use. The site plan is currently under staff review and will be presented to the
Commission for approval during the August 19th meeting.
Item Background:
On April 16, 1998, the use and parking lot plan for ABC Pest Control was granted a
Conditional Use Permit for a pest control business in a 5,000 square foot one story office
building. One thousand square feet (1,000 sq.ft.) of the 5,000 was approved as a storage
area. A portion of the approved site plan called for a lease space to be located on the
north side of the building. The applicant now wishes to utilize this lease space as the
proposed dance studio.
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." This use is currently going through the site review process
to insure all minimum standards established will be met. This site plan is scheduled
to be heard by the Commission during the next meeting.
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 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."
Related Advisory Board Recommendations: N/A
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 defer action to a specified date.
Supporting Materials:
1. Location Map
2. Application
3. Infrastructure and Facilities
INFRASTRUCTURE AND FACILITIES
Water: Adequate for proposed use.
Sewer: Adequate for proposed use.
Streets: There are no streets proposed with this development. Currently access
will be taken from Highway 6, however the proposed site plan does show an
access off Southern Plantation. Staff would approve this access as "exit only."
Off-site Easements: None required.
Drainage: To be addressed during the site plan process.
Flood Plain: The latest Federal Emergency Management Agency (FEMA)
Flood Insurance Rate Maps show that no portion of the subdivision is located
within the regulatory 100 Year Floodplain.
Oversize request: See Budgetary and Financial Summary Section.
Impact Fees: N/A
NOTIFICATION:
Legal Notice Publication(s): The Eagle; 7-21-99
Advertised Commission Hearing Dates(s): 8-05-99
Advertised Council Hearing Dates: N/A
Number of Notices Mailed to Property Owners Within 200% 17
Response Received: None as of date of staff report
.
new subdivision, currently she has water across her yard instead of the u-shape flooding that she
experienced prior to the development. Among the property owners along Val Verde, several have told
Ms. Cooper that recent floodings have been the highest they ever experienced in the location. Several
residents have had to replace fences along the property line and they are experiencing mosquito
problems due to the water. She felt that allowing more water into the creek would cause the water to
sit on the properties for longer periods.
Ms. Rosemary Kunesh, 1002 Val Verde, said that her concerns were similar to Ms. Cooper's. She felt
that her home could be in danger. The water comes 27' onto her property which is only 16 feet from
her home and the water has been up to 2'/2' deep. She has had to replace her fencing.
Mr. Steven Franks, 419 Windfree, explained that he was the project engineer for McClure Engineering,
working on the detention project. He showed the Commission the plans for the detention pond and
explained the plans. He felt that there were other factors existing upstream contributing to the drainage
problems. He explained that the meetings that were held with concerned homeowners were only
informational and to answer questions and show the plans. The intent is to drain the area through the
streets. There will be a 12" pipe installed. He said that McClure Engineering would insure that this
development would not increase the drainage problems, in fact this design should lessen the effect.
Commissioner Kaiser moved to approve the Final Plat as submitted. Commissioner Floyd seconded the
motion.
Commissioner Floyd said that since this Final Plat is in compliance with the Preliminary Plat and the
City's Drainage Ordinance, the Commission cannot deny it.
Chairman Rife called for the vote, and the motion to approve the Final Plat as submitted passed
unopposed (5-0); Commissioner Horlen abstained from the discussion and vote.
AGENDA ITEM NO. 3: Public hearing and consideration of a Conditional Use Permit, use only,
for a dance studio to be located in the shared building of ABC Aggieland Pest Control at 4202
A&B South Highway 6. (99-715)
Staff Planner Anderson presented the staff report and explained that the request was for the use of a
lease space in the ABC Aggieland Pest Control Building located on the southwest corner of Southern
Plantation Drive and State Highway 6 South. The use proposed for the space is a dance studio. The
building is located in a C-N Neighborhood Commercial district that permits dance studios only as
conditional uses approved by the Commission. In order to approve the use of this C-N proposal, the
commission must find that the purpose of the district is met. The Zoning Ordinance states the purpose
of this district as follows:
This district provides small commercial sites for residential convenience goods and service businesses.
No use shall be allowed which would adversely affect the health, safety, welfare, or residential
character of the neighborhood. The use shall be a low traffic generator and shall not create any
noise, light, or odors abnormal to the neighborhood. No outside storage or display of goods or
materials shall be allowed.
The applicant's proposed dance studio would use 2,184 of the total 5,000 square feet of the existing
building. Site work in respect to parking and other issues is required for this proposed use. The site
plan is currently under staff review and will be presented to the commission for approval at a later
meeting.
P&Z Minutes August S, 1999 Page 3 of 13
Ms. Anderson explained that 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 is currently going through the site review process to insure all minimum
standards established will be met. This site plan is scheduled to be heard by the Commission during
the next meeting.
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 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."
Commissioner Kaiser asked Ms. Anderson if she was aware of the type of dance classes to be held at
the facility. Staff Planner Anderson replied that to her knowledge this would be a dance studio targeted
for children. Mr. Kaiser then asked if there would be adequate parking for the studio. Ms. Anderson
said that the parking requirement proposed and required would be reviewed at the time of site plan
consideration.
City Planner Kee approached the Commission and explained that the parking requirements would be the
same for this space as it would be for a stand-alone studio. There is adequate room for the additional
spaces if required.
Commissioner Floyd asked about the chemicals used at the ABC Pest Control business and questioned
whether they impact the health, safety, and welfare of the patrons of the dance studio. Ms. Anderson
said that it was her understanding that the chemicals were stored on the vehicles and not on-site. Mr.
Floyd also asked if this type of use was compatible with the existing business in the strip. Ms. Anderson
said that the ABC Pest Control site is primarily used as office space.
Commissioner Horlen asked what other types of uses could go in this space if this use permit is
approved (at a later date). Ms. Anderson said that any use other than a dance studio would have to
return through the Conditional Use Permit process.
There were questions from the Commissioners relating to the definition of a dance studio. There was
concern that the studio could turn into a more intense studio (such as a sexually oriented enterprise).
Senior Planner McCully explained that staff uses planning and development dictionaries and regular
dictionaries for definitions of those uses not defined in the Zoning Ordinance. A sexually oriented
enterprise is defined separately but other types of dance studios would be permitted.
P&ZMinutes August S, 1999 Page 4 of 13
4 .
Commissioner Kaiser said that he would feel more comfortable if the site plan were available for review.
City Planner Kee explained that the Commission could table the item or approve the item with the
condition that the site plan meets all ordinance requirements. She felt this would be menial because the
site plan always has to have the Commission's approval with the Conditional Use Permit process.
Chairman Rife opened the public hearing.
Ms. Jennifer Hart, 2100 Windsor, said that she was the owner of the dance studio. She explained that
the ABC Pest Control business only uses their space as office use. There is not chemical storage on
site. Her intention was to have the site plan considered at the same time as the use but staff told them
that additional parking would be required. The site plan is scheduled to be considered by the
Commission at the next meeting. The studio will teach dance to children from preschool age through
high school (with competition). This would only be an instructional and educational dance business.
Commissioner Warren asked about the noise impact on the existing business and residents. Ms. Hart
explained that the building would be well insulated.
Commissioner Parker asked if consideration had been given to the trucks with the chemicals near small
children. Ms. Hart said that she had made arrangements with ABC to have the trucks on the opposite
side of the building and the rear of the building. She explained that her business policy requires the
students to wait inside the building until their parents pick them up. The children will not be left
unsupervised outside the building.
Commissioner Warren asked about additional lighting for this establishment. Ms. Hart said that there
would not be any additional lighting required for this business because the hours operation do not
usually go beyond 7:00 p.m.
Mr. Randy McCarty, manager of ABC Pest Control, explained that the residents in Shenandoah are
okay with the dance studio. He explained that the chemicals are stored on the trucks and mixed at the
home sites. As required by the State's Structural Pest Board, the trucks are always locked. The drivers
are not allowed to keep mixed chemicals on the truck.
Mr. Jerry Merker, 4630 Enchanted Oaks, felt that this business would not turn into an exotic dance
place because it would require additional review by the City. He was concerned with the child safety
issue.
Chairman Rife closed the public hearing.
Commissioner Horlen moved to approve the use only permit. Commissioner Warren seconded the
motion.
Some Commissioners felt that this should be approved with the condition that the Commission approves
the site plan.
Assistant City Attorney Nemcik reminded the Commission that it would be automatic for the site plan
to receive approval before the entire permit could be issued.
Commissioner Horlen amended his motion to include the condition that the site plan is approved.
Commissioner Warren seconded the amendment to the original motion, which passed unopposed (6-0).
P&ZMinutes August 5, 1999 Page 5 of 13