HomeMy WebLinkAboutStaff ReportSTAFF REPORT
Item: Public hearing and consideration of a CONDITIONAL USE PERMIT for
the RAFFLES - ORME INC. DBA (CUP) located at 2501 Texas Avenue South,
Suite D-101. (0-98)
Applicant: EVERETT SKIPPER
Item Summary: The subject property is located in Building B of the Park Place
Plaza shopping center which is at the intersection of Texas Avenue South and
Southwest Parkway. The applicant wishes to establish a country and western
nightclub with dancing for patrons age 21 and over. Hours of operation would be
from approximately 4 p.m. to 1 a.m. seven days a week.
Nightclubs are allowed in a C-1 district with a Conditional Use Permit. The
property is currently zoned C-1 General Commercial and is surrounded by C-1 to
the north and west, and partially to the east and south. The southeast corner of
the property is adjacent to an R-7 Manufactured Home Park. The nearest home
in the Oak Forest Mobile Home Park is approximately 35 feet from the back of
the proposed nightclub.
The land use plan designates this area as retail regional. The Park Place Plaza
has more than adequate parking for a night club use.
Item Background: Suite D-101 has been the location of two nightclubs--Clicks
Billiards and Penthouse Billiards/G. Cutlers. Both businesses had pool tables,
bars, and kitchen facilities. G. Cutlers later added a dance floor. The subject
property has been vacant since the closing of G. Cutlers in 1995.
A nightclub currently exists approximately 230 feet behind Park Place Plaza and
400 feet from the Oak Forest Mobile Home Park, off of Southwest Parkway. In
February of this year, the Rack Warehouse was issued a Conditional Use Permit
to add a dance floor with conditions related to noise and security mitigation (see
P&Z minutes attached).
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 entire center met site development requirements when it was built. The
Zoning Ordinance allows up to 25% of a shopping center to be used for
restaurants, theaters, and nightclubs.
2. "That the proposed use meets the purposed 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.
The request is in an existing commercial zone and is in compliance 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."
Unless the public hearing bring to light any new information indicating potential
negative impacts, Staff recommends approval.
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. Site Location Map of Tenant's Retail Space
4. P&Z Minutes from February 17, 2000
NOTIFICATION:
Legal Notice Publication(s): The Eagle; 5-31-00
Advertised Commission Hearing Dates(s): 6-15-00
Number of Notices Mailed to Property Owners Within 200': 20
Response Received: None as of date of staff report
Mr. Michael McClure, 9626 Brookwater, was present to answer any questions. He explained that the
City requested that the blanket easement be located and configured, which was done and the applicant
was satisfied with the conditions.
Chainman Rife closed the public hearing.
Commissioner Horlen moved to approve the Final Plat with staff's conditions. Commissioner Warren
seconded the motion, which passed unopposed 6-0.
AGENDA ITEM NQ. 6: Public hearing and consideration of a Conditional Use Permit, change
of use conditions, for the night club, The Rack Warehouse, located at 226 Southwest Parkway
East. (00-17)
StaffPIanner Anderson presented the staff report and stated that the subject property was located off of
Southwest Parkway behind the Wendy's and Park Place Plaza shopping center. The property is zoned
C-1, which allows typical retail commercial uses. The adjacent properties to the northwest and
southwest are zoned and developed as C-1 General Commercial. A day care facility, located within an
A-P district tract, is located to the northeast corner. The closest residential area is the Oak Forest
Mobile Home Park adjacent to the property to the southeast. On July 17, 1997, the Planning & Zoning
Commission granted a conditional use permit for a full restaurant, bar, and pool tables. The applicant
now wishes to add a dance floor within the existing building. Due to the nightclub adding an additional
use, it must come back before the Commission for approval. The applicant states that the nightclub will
not have live music only recorded discs played by a disc jockey. Ms. Anderson stated that the subject
property was originally built and developed in the mid-80s as a movie theater. A nightclub use was
approved in 1993 with several conditions. When the nightclub use was abandoned the site was used as
a furniture store. The existing nightclub use was approved in 1997. Ms. Anderson said that the
property meets the minimum standards established in the ordinance. Unless the public hearing brings to
light any new information indicating potential negative impacts, Staff recommended approval of the
request.
Commissioner Floyd asked that if this change in use is approved, is there anyway to limit it to not allow
live music (only music provided by a disc jockey as requested)? Ms. Anderson said that the
Commission may add the condition that no live music would be allowed.
Commissioner Mooney asked if this change would require additional parking, and what the capacity
would be. Ms. Anderson said that the applicant is proposing to convert 4000 or the existing 15,000
square foot building into the dance area. She said that the current parking exceeds the requirements and
this would not change since the overall use is not changing and the total square footage will remain the
same. She did point out that the parking area was in need of maintenance (grass overgrown in the
concrete, etc.) but there were no major problems with the overall parking lot.
Chairman Rife opened the public hearing.
Mr. Arthur Arranga (applicant), 2604 Arbor, explained that the building is actually "divided" into three
rooms (from the original theater). He said that currently the building is divided into a sports bar in the
center room and the rooms to the Left and right are where the pool tables are. The proposal would be
that the room to the left is where the dance floor is planned, and the middle and Left room will remain
P&Z Minutes February 17, 2000 Page 5 oJ8
the same. The room where the dance floor will be located will be used as a "club" on the weekends and
will be available for private parties He said that security is not a problem for the facility. He also told
the Commissioners that the parking area was fixed up prior to the meeting, and there is an employee
that is responsible for litter pick up before the club opens on a daily basis. He pointed out that there
were no potholes in his parking area, but there are some in the alley that runs behind the adjacent
shopping center. Mr. Arranga said that he did not have any problems not allowing live music, and
would welcome the condition if placed on the perniit. He said that the existing square footage will not
be increase and the capacity should stay at the current levels. There will be additional exits provided.
Mr. Greg Swoboda, was present representing the mobile home park. He said that the applicant has
been very cooperative with any problems that have arose. He did say that there were complaints from
the residents in the mobile home park about the live music when the Globe (former nightclub) was in
operation at this location, The mobile home park also saw problems with litter and fighting in the
parking lot, but he did not feel this would be a problem because Mr. Arranga was very cooperative. He
did ask that there be some type of condition placed on this permit to state that if more than 2 violations
are received (from police or code enforcement) additional security would need to be added.
Benito Flores-Meath, 901 Val Verde, expressed his concern for the residents living in the Mobile Home
Park. He felt the noise would impact these residents, because they were affected when the Globe was at
this location.
Mr. Arthur Arranga returned to the podium and explained that when the Globe was located here, the
entire area was a nightclub and there was live music. He said that his intent was to have the one room
for the dance floor. The music would not be too loud because there is a sports bar in the very next
room and the patrons at the sports bar watch sports on televisions and if the music was too loud the
televisions would not be heard.
Commissioner Warren asked Mr. Arranga if he would object to annual review of this permit? Mr.
Arranga said that he would not be opposed to review of the permit.
Chairman Rife closed the public hearing.
Commissioner Mooney moved to approve the conditional use permit with the following condition:
That staff is to review this site annually to assure that there are no noise and/or parking
problems.
That additional security would be required should there be more than 2 violations filed with the
police department (or code enforcement office)
No live music.
Commissioner Warren seconded the motion.
Commissioner Warren felt that Mr. Arranga was very sensitive to all concerns regarding noise and felt
that the annual review would be beneficial to alleviate any potential problems.
Assistant City Attorney Ladd said that the annual review would be allowed as long as the mechanisms
were outlined.
P&l_ Minuses February l7, 2000 Page 6 oft3
Mr. Arranga stressed that he would be satisfied with the review for problems but felt that anything less
than a 3-year review would not allow him adequate time to recover his investment
Commissioner Horlen moved to amend the original motion to include the three-year time limit, along
with the original conditions. Commissioner Mooney seconded this amendment.
Chairman Rife called for the vote and the motion to approve the use permit passed unopposed b-0.
AGENDA ITEM NO. 7= Public hearing and consideration of a Rezoning of approximately 15.15
acres located at 819-903 Krenek Tap Road from R-1 Single Family Residential to R-5 Apartment
Medium Density. (00-19)
Staff Planner Anderson presented the staff report and stated that the applicant is bringing this request
forward in order to begin preparing the property for development as an apartment complex. The
request will increase the potential residential density to 24 dwelling units per acre. The subject property
is not platted, thus a preliminary and final plat will be submitted upon rezoning approval. The Land Use
Plan reflects the tract and the property to the west toward Texas Avenue as medium density single
family. However, in the last few years, the development trend for the area bound by Southwest
Parkway East and Krenek Tap Road has been to infill in the form of higher density residential, such as
duplexes, townhomes, and apartments. These changes in the development pattern of the area would
justify rezoning despite the Land Use Plan designation. A vacant 8.973 acre tract is locate southwest of
the subject property across the future Dartmouth extension that is currently zoned R-3. The subject
abuts the Heritage duplex plat and the Southwest Crossing townhomes to the north. The tract is in
close proximity to the R-5 medium density apartments of Dartmouth Addition and Windsor Point. It is
unlikely that the subject tract will develop as single family. The subject property is located adjacent to
the forthcoming Dartmouth Drive extension. The extension is currently under design and construction is
scheduled to begin in June 2000 with an estimated completion date of January 2001. Dartmouth is
classified as a minor arterial on the Thoroughfare Plan, the same as Harvey Road and Holleman Drive.
Krenek Tap Road is classified as a minor collector. Due to the minor collector classification of Krenek
~'ap, any proposed development would need to take primary access from the higher designated
Dartmouth extension. Staff recommended approval of the rezoning.
Chairman Rife opened the public hearing.
Mr. Bill Dahlstrom, representative of JPI Student Housing (applicant) explained that the intent is to
develop a high quality of student housing. He felt the use was compatible with existing and proposed
property uses surrounding this tract. He said that he concurred with all of the staff report comments.
Mr. Thomas Madison, owner of adjacent property, said that he was confused with the zoning
classifications of his and his family's property in this area. He said that the land use plan shows mixed
use for this area but he thought it was residential
Senior Planner McCully explained that the Land Use Plan does not actually zone the property, it is more
or less used for determining compatible uses for future developments.
Chairman Rife closed the public hearing.
P&Z Minutes February 17, 2000 Page 7 oj8