HomeMy WebLinkAboutStaff ReportsSTAFF REPORT
Item: Public Hearing and Consideration of a Conditional Use Permit, meeting use, for
Kappa Delta Sorority located in the Creekside Shopping Center at 809 E. University
Drive Suite 220. (99-157/99-728)
Applicant: Rita Floeck
Item Summary: The proposed temporary sorority meeting place would be located in the
Creekside Shopping Center at 809 University Drive East. This shopping center is zoned
C-B, commercial business, and is home to several uses, such as T-Bone Jones Restaurant,
a dance studio, and administrative offices. The Conditional Use Permit requested tonight
is to provide a temporary meeting place for the sorority until their recently approved
house is completed.
Item Background: On November 4, 1999, the Commission granted Kappa Delta
Sorority a conditional use permit, use and site plan, for the location and building of a new
sorority house to be located on the south side of University Oaks between Munson and
Rhett Butler.
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:
1. "The proposed use meets all the minimum standards established in the ordinance
for the type of use proposed." The lease appropriates 59 parking spaces for the
Sorority, 60 spaces are required by the Zoning Ordinance.
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."
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 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...parking requirements."
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Unless the public hearing brings to light any new information indicating potential
negative impacts, Staff recommends approval of the temporary use request.
Related Advisory Board Recommendations: N/A
Commission Action Options:
The Commission has final authority over the Conditional Use Permit. The options
regarding the Conditional Use Permit are approval as submitted, approval with conditions
relating to specific site characteristics or with time limitations, denial with specified
reasons for denial, or table or defer action to a specific date.
Supporting Materials:
1. Location Map
2. Application
3. Infrastructure , Facilities and Notification Information
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INFRASTRUCTURE AND FACILITIES
Water: Adequate water service exists on the site.
Sewer: Adequate sewer service exists on the site.
Streets: University Drivers a major arterial and will provide adequate access
to the site.
Off-site Easements: N/A
Flood Plain: N/A
Oversize request: See Budgetary and Financial Summary Section.
Impact Fees: N/A
NOTIFICATION:
Legal Notice Publication(s): The Eagle; 12-3-99
Advertised Commission Hearing Dates(s): 12-16-99
Number of Notices Mailed to Property Owners Within 200': 8
Response Received: None as of date of staff report.
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Board unanimously approved the site plan as proposed (November 5, 1999), with the condition of
relocating the one non-handicap parking space to the area where the trash receptacles were shown on
the plan, which the applicant has done. Staff recommended approval of the use and approval of the site
plan with the condition of addressing the Staff Review Comments #2. If addressing the Staff Review
Comments causes any significant changes to the site plan, it would require resubmission to the NRB
and the Commission for approval of those changes.
Chairman Rife opened the public hearing.
Ms. Debbie Fry, 904 Holik, was present to represent the Church. She said the church was a place of
meeting and worship only. The expansion would allow for Sunday school classes, which would run
concurrently with the services. She explained that there should not be parking problems because the
church meets when the adjacent business are not operating. She said that there is a written agreement
with the adjacent property owner to use their parking during the church services. She said that 70 seats
would be adequate, since there has been steady attendance and they do not anticipate an increase in
membership.
Chairman Rife expressed his concern that the Staff Review Comments had not been addressed.
Mr. Christian Galindo, Galindo Engineers, explained that the comments expressed by staff in the
review were being addressed. He informed the Commission of the plans for the sidewalk from the
proposed drive to the neighboring property (where the parking agreement is).
Chairman Rife closed the public hearing.
Commissioner Horlen moved to approve the Conditional Use Permit with staff's conditions.
Commissioner Mooney seconded the motion, which passed unopposed 6-0.
AGENDA ITEM NO. 6: Public hearing and consideration of a Conditional Use Permit, meet use,
for Kappa Delta Sorority located in the Creekside Shopping Center at 809 E. University Drive,
Suite 220. (99-728)
Staff Planner Anderson presented the staff report and explained that proposal would be to provide a
temporary meeting place for the sorority until their recently approved house is completed. She
explained that the shopping center is zoned C-B Commercial Business, and houses several uses, such
as a restaurant, a dance studio, and administrative offices. Ms. Anderson pointed out 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:
1. "The proposed us meets all the minimum standards established in the ordinance for this type of use
proposed." The lease appropriates 59 parking spaces for the Sorority, 60 spaces are required by
the Zoning Ordinance.
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."
P&Z Minutes December 16, 1999 Page 5 of 12
V "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 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...parking requirements."
Unless the public hearing brings to light any new information indicating potential negative impacts,
Staff recommended approval of the temporary use request.
The Commissioners mentioned the concern with security.
Chairman Rife opened the public hearing.
Mr. Kyle Hawthorne, 4343 Carter Creek Suite 400, was present representing the applicant. He pointed
out that the lease space is 2200 square feet, and was previously used as a sorority meeting place. There
would be approximately 150 girls, but they are encouraged to carpool to avoid parking problems and to
allow security for the girls. The meetings would take place on Mondays at 7:00 p.m. There would be
minimal daily activities, which would include administrative work with maybe one or two people
present daily. The sorority would need to use this space through August.
Ms. Rita Floeck, 1511 Augusta, said that she was the Housemother for this sorority. She said that the
new house was promised to be ready before Rush (August). They would use the space as an office
during the day and a meeting place on Monday evenings. She said that this location was chosen
because another sorority used it and it served the purpose. She said the area was well lit and the
security was not a problem by the other sorority when they leased the space. She said the lease would
be through August.
Chairman Rife closed the public hearing.
Commissioner Warren moved to approve the temporary use with a time limit through August 30, 2000.
Commissioner Kaiser seconded the motion.
Commissioner Floyd said that in the past he had understood ffiat time limitations could not be placed
on Conditional Uses. Senior Planner McCully explained that the Zoning Ordinance permits the
Commission to place certain restrictions on conditional uses, including time limits. Assistant City
Attorney Ladd reiterated Ms. McCully comment.
Commissioner Warren said that the only reason she place the August time limitation on this request
was to assure that if this sorority moved out earlier, it would protect the City from other uses coming
into this location. Ms. Ladd explained that any other use that wanted to come into this location would
require Commission's approval through the use permit process, even if it were another sorority use.
Chairman Rife said that the Commission's views were that the Conditional Use Permit went with the
use not the applicant.
Chairman Rife called for the vote and the motion to approve the temporary use passed 5-1;
Commissioner Horlen voted in opposition.
P&Z Minutes December 16, 1999 Page 6 of 12