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HomeMy WebLinkAboutOrdinance/ Misc..y i r 00 ' r00 CITY OF COLLEGE STATION DEVELOPMENT SERVICES 1101 Texas Avenue South, PO Box 9960 College Station, Texas 7784Z Phone (979)764-3570 / Fax (979)764-3496 LEGAL NOTICE DATE TO BE PUBLISHED: WEDNESDAY, NOVEMBER 1, 2000 ONLY BILL TO: The City of College Station P.O. Box 9960 College Station, TX 77842 REFERENCE ACCOUNT #11106712 CREDIT CARD #5405-8231-9379-5783 NOTICE OF PUBLIC HEARING The College Station Planning and Zoning Commission will hold a public hearing to consider an AMENDMENT TO ORDINANCE NO. 1638, the Zoning Ordinance of the City of College Station, Section 7.22, C-B Business Commercial to allow commercial amusements as a conditional use. The hearing will be held in the Council Room of the College Station City Hall, 1101 Texas Avenue at the 6;30 P.M. meeting of the Commission on Thursday, NOVEMBER 16, 2000. Any request for sign interpretive services for the hearing impaired must be made 48 hours before the meeting. To make arrangements call (979) 76403547 or (TDD) 1-800-735-2989. For additional information, please contact me at (979) 764-3570. JANE KEE City Planner P MEMORANDUM TO: Planning and Zoning Commission FROM: Jane R. Kee, City Planner RE: Zoning Ordinance Amendment DATE: November 9, 2000 As you know, certain uses are allowed in certain zoning districts with approval of the P&Z as part of a conditional use permit process. Not all zones have the same conditional uses. The C-B zone was created as part of the University Drive land use study that was done in 1991. The zone was developed to allow certain uses along University Drive that were appropriate for an entryway/gateway into the community. It excludes uses such as auto dealerships and intense commercial uses with outside display that would not be appropriate in a commercial corridor of offices, hotels and restaurants. When originally created it did not include commercial amusements, either as a permitted use or conditional use. The zone was amended a few years ago to add convenience stores and gas stations as possible conditional uses. At present the list of conditional uses includes nightclubs, convenience stores, gasoline and service stations, and cleaners with on-site cleaning facilities. This request comes before you from a local business owner wishing to relocate and expand a business. The owners of Champion Firearms want to relocate to The Village Shopping Center and expand to include an indoor shooting range. An indoor range is defined in the Zoning Ordinance as a commercial amusement. Commercial amusements are defined in Section 2 of the Zoning Ordinance. The Village Shopping Center is zoned C-B Business Commercial. There are only three ways to locate a commercial amusement in this center. First is to rezone it to C-1 General Commercial where these are permitted by right, amend the C-B zone to allow an indoor shooting range and/or other commercial amusements by right, or allow an indoor shooting range and/or other commercial amusements as conditional uses in the C-B zone. The latter gives the City the greatest amount of control. The ordinance amendment before you proposes language that will expand the list of conditional uses in the C-B zone to include commercial amusements. The pro to this is that an individual decision can be made each time a commercial amusement is proposed and the Commission can decide whether it is appropriate as proposed. The con is that this amendment will open the door to more requests for commercial amusements in C-B zones and the associated public hearings and potential controversies. Keep in mind that the C-B zone restricts outdoor business activity so any commercial amusements proposed will be largely an indoor activity. Supporting Information: Letter from Mr. Michael Gentry Ordinance Amendment C-B District Regulations FILE COPY oo-zW ORDINANCE NO. 2481 AN ORDINANCE AMENDING CHAPTER 2 "ZONING", OF THE CODE OF ORDINANCES OF THE CITY OF COLLEGE STATION, TEXAS, BY AMENDING CERTAIN SECTIONS AS SET OUT BELOW; PROVIDING A SEVERABILITY CLAUSE; AND DECLARING A PENALTY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: PART 1: That Chapter 12• "Zoning", of the Code of Ordinances of the City of College Station, Texas, be amended as set out in Exhibit "A", attached hereto and made a part of this ordinance for all purposes. PART 2: That if any provisions of any section of this ordinance shall be held to be void or unconstitutional, such holding shall in no way effect the validity of the remaining provisions or sections of this ordinance, which shall remain in full force and effect. PART 3: That any person, firm, or corporation violating any of the provisions of this chapter shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punishable by a fine of not less than Twenty-five Dollars ($25.00) nor more than Two Thousand Dollars ($2,000.00). Each day such violation shall continue or be permitted to continue, shall be deemed a separate offense. Said Ordinance, being a penal ordinance, becomes effective ten (10) days after its date of passage by the City Council, as provided by Section 35 of the Charter of the City of College Station. PASSED, ADOPTED and APPROVED this 14'b day of December 2000. A MST: CONN& HOOKS, City Secretary APPROVED: r. L McILHANEY, Mayor APPROVED: HARVE G , City Attorney Ordinance No. 2481 EXHIBIT A That Section 7.22.13 OF THE DISTRICT C-B, BUSINESS COMMERCIAL, of Chapter 12, Zoning, of the Code of Ordinances of the City of College Station, be amended to add: Indoor Shooting Range to Section 7.22.13 to read as follows: D. CONDITIONAL USES PERMITTED: The following conditional uses shall be allowed in addition to any use allowed under Section 8.12: Night Clubs Convenience Stores Gasoline and Service Stations Cleaners with on-site cleaning facilities Indoor Shooting Range WEST, WEBB, ALLBRITTON, GENTRY RIFE A PROFESSIONAL CORPORATION ATTORNEYS: STEVEN ALLBRITTON J. HANS BARCUS GERRY M. BROWN CARLTON BRYAN CANTRELL GARY I. CURRIER* REBECCA D. EPLEN MICHAEL H. GENTRY** CHRISTOPHER W. PETERSON LANNY D. RAY WAYNE T. RIFE CARLA ROBINSON MARK W.SHOMAKER ROBERT A. SWEARINGEN JOHN C. WEBB, JR. GAINES WEST JULIE MAY YOUNG Hand Delivery Dr. Karl Mooney Chairman Planning and Zoning Commission City of College Station 1101 Texas Ave. S. College Station, TX 77840 -~w Re: Request for Amendment to Zoning Ordinance No. 1638, Section 7.22, District C-B Business Commercial Dear Dr. Mooney: The purpose of this correspondence is to requestthat the Planning and Zoning Commission ("Commission") instruct the Development Services Staff ("Staff') to evaluate, and if appropriate, present to the Commission an amendment to Ordinance No. 1638, Section 7.22, District C-B Business Commercial. For the reasons set forth below, my client is specifically requesting that Commercial Amusements (as defined at Section 2 of the City of College Station Zoning Ordinance) be included within the list of Conditional Uses Permitted under Section D of the Business Commercial Zoning District. Background I bring this request on behalf of my client, Champion Firearms Corporation ("Champion"), which is owned by Katie and Mike Stulce. Champion has a retail operation at the corner of Texas Avenue and Southwest Parkway. Their lease will expire in the next few months, and Champion is in the process of evaluating alternate locations. Champion desires to relocate in The Village Shopping Centerwhich is located at the corner of University Drive and Tarrow Drive (Blockbusters and Golden Corral). There is approximately 1515 EMERALD PLAZA P' COLLEGE STATION, TEXAS 77845-1515 TELEPHONE (979) 694-7000 ,t ; ; TELECOPIER (979) 694-8000 (7u., I I . October 20, 2000 I 'EMAIL: wwag@tca.net WEB SITE: http://www.wwaglaw.com *BOARD CERTIFIED ESTATE PLANNING AND PROBATE LAW TEXAS BOARD OF LEGAL SPECIALIZATION **BOARD CERTIFIED COMMERCIAL REAL ESTATE LAW TEXAS BOARD OF LEGAL SPECIALIZATION CAMyFiles\MG\Mike - Miscellaneous\Mooney, Karl (12700).wpd/6 Dr. Karl Mooney October 20, 2000 Page 2 8,100 square feet of space available in The Village Shopping Center. That space is currently occupied by the Census Bureau. Champion desires to construct and develop a retail operation and indoor gun range. With respect to the indoor gun range, please understand that Champion intends to construct a facility (i) that will be safe; (ii) that will prevent the transfer of sound outside the facility; and (iii) will be supported by local law enforcement organizations. As this process goes forward, Champion will present to all appropriate city officials its plans and specifications to demonstrate the first-class nature of the proposed gun range. As an initial introduction to the quality of the facility that Champion intends to construct, please be advised that Champion will invest more than $250,000 in improvements to the existing facility in order to make the gun range safe, sound proof, and supportable by local law enforcement. Current Zoning The Village Shopping Center is located within the University Drive Overlay District. Accordingly, it is subject to "C-B" zoning. As I am sure you are aware, the Commercial Business Zoning District was developed in response to a recognition that there should be a commercial district available on a city-wide basis where locations are appropriate for some commercial uses, but not necessarily for the range of uses allowed in the C-1 General Commercial District. The Business Commercial Zoning District contains significantly fewer "permitted uses" than are allowed in the District C-1 General Commercial. Further, the Business Commercial Zoning District currently allows only four conditional uses: nightclubs, convenience stores, gasoline and service stations, and cleaners with on-site cleaning facilities. Commercial Amusements are not included in the permitted uses or the conditional uses. The definition of "Commercial Amusements," as set forth in the zoning ordinance, is as follows: Any enterprise whose main purpose is to provide the general public with an amusing or entertaining activity, where tickets are sold or fees collected at the gates of the activity. Commercial amusements include zoos, carnivals, expositions, miniature golf courses, driving ranges, arcades, fairs, exhibitions, athletic contests, rodeos, tent shows, Ferris wheels, children's rides, roller coasters, skating rinks, ice rinks, traveling shows, bowling alleys, pool parlors, sexually oriented commercial enterprises as defined in Ordinance No. 1554, indoorshooting ranges [emphasis added], and similar enterprises; but does not include motion picture theaters. CAMyRIes\MG\Mike - Miscellaneous\Mooney, Karl (12700).wpd/6 Dr. Karl Mooney October 20, 2000 Page 3 My clients' request is that the Business Commercial Zoning District be amended to enable applications for a conditional use permit for commercial amusements. My client believes that an amendment to the Business Commercial Zoning District is more appropriate than other alternatives. For example, a "special exception" is not applicable in this case because the current use is office professional (the Census Bureau), a use that conforms to C-B zoning. Further, a request to re- zone The Village Shopping Center to C-1 would have a far-reaching impact on the entire center, and enable a number of uses that the Commission and the City might desire to restrict within the University Drive area. Control and Discretion It is important to keep in mind that the addition of a conditional use under the Business Commercial Zoning District will not restrict the control and discretion of the Commission and the City Council as it evaluates future applications for conditional uses in a Business Commercial Zoning District. All applicants will be required to submit an application for a conditional use permit, and the Commission will be entitled to evaluate that application pursuant to the guidelines set forth in Section 14 of the Zoning Ordinance. Specifically, the Commission is entitled to evaluate the following: 1. Whether or not the proposed use meets all minimum standards established for the type of use; 2. Whether or not 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. Whether or not the proposed use will be detrimental to the health, welfare, and safety of the surrounding neighborhood or its occupants, or be substantially or permanently injurious to neighboring property; and 4. Further, the Commission may impose additional, reasonable restrictions or condition's to carry out the spirit and intent of the zoning ordinance in order to mitigate adverse effects of the proposed use. Ordinance Amendments The Staff has brought to my attention the fact that the City is currently evaluating the possibility of comprehensive changes to the zoning ordinance. It is possible that you will want to delay the consideration of our request because of this on-going effort. I would simply ask that you consider two factors with respect to this issue: CAMyFiles\MG\Mike - MiscellaneousWooney, Karl (12700).wpd/6 t Dr. Karl Mooney October 20, 2000 Page 4 1. My client, Champion Firearms Corporation, has significant economic limitations which require that they determine, by the end of the year, whether there is any reasonable likelihood that they can locate their proposed use in The Village Shopping Center; and 2. The amendments proposed herein will not reduce the City's control and discretion over development within Business Commercial zones, or otherwise, within the University Drive Overlay District. Conclusion Thank you in advance for your consideration of this request. I look forward to visiting with you at the November 16, 2000, Commission meeting. MHG:kd cc: Hand Delivery: Natalie Thomas Ruiz Development Coordinator City of College Station Jane Kee City of College Station Harvey Cargill City Attorney City of College Station John R. Clark Re/Max Bryan-College Station Mike and Katie Stulce CAMyRles\MG\Mike - Miscellaneous\Mooney, Karl (12700),wpd/6 60 -.2Ov CITY OF COLLEGE STATION DEVELOPMENT SERVICES 1101 Texas Avenue South, PO Box 9960 College Station, Texas 77842 Phone (979)764-3570 / Fax (979)764-3496 LEGAL NOTICE DATE TO BE PUBLISHED: WEDNESDAY, NOVEMBER 29, 2000 BILL TO: The City of College Station P.O. Box 9960 College Station, TX 77842 ONLY REFERENCE ACCOUNT #11106712 CREDIT CARD #5405-8231-9379-5783 NOTICE OF PUBLIC HEARING The College Station City Council will hold a public hearing to consider the Commission's recommendation for an AMENDMENT TO ORDINANCE NO. 1638, the Zoning Ordinance of the City of College Station, Section 7.22, C-B Business Commercial to allow commercial amusements as a conditional use. The hearing will be held in the Council Room of the College Station City Hall, 1101 Texas Avenue at the 7:00 P.M. meeting of the City Council on Thursday, DECEMBER 14, 2000. Any request for sign interpretive services for the hearing impaired must be made 48 hours before the meeting. To make arrangements call (979) 76403547 or (TDD) 1-800-735-2989. For additional information, please contact me at (979) 764-3570. JANE KEE N~N City Planner rv/~//coo (j) l/q `~~:yn M1 `9NF r~ayy. q.. ~ t < ~ 2~ a j yj ,-3?; 1~ 4 ~ r L h ?