HomeMy WebLinkAbout00070946Revised
STAFF REPORT
Prepared by: Jennifer Reeves
Date: 04/09/01
FILE COPY
Item: Public hearing, discussion, and possible action on a Conditional Use
(CUP) Permit for the Cactus Canyon located at 1500 Harvey, at the south west
corner of Harvey Road and Earl Rudder Freeway, # 2026 of Post Oak Mall (1-
500081)
Applicant: One Greenstreet LTD
Staff Recommendation: Staff recommends approval.
Item Summary: The applicant wishes to establish a Country and Western
nightclub with dancing. The subject site is the old theater location in the Mall,
across from Chelsea Street Pub & Grill. Chelsea Street Pub & Grill does
occasionally have live music.
The applicant for Cactus Canyon has stated that the music will be strictly by D.J.,
and there will be four pool tables. The owners will be adding additional security
for the parking lot. The noise level at the boundary of the lease space will be 50
DBA; this meets the City of College Station Zoning Ordinance. The hours of
operation will be 7:00 p.m. to 2:00 a.m. Tuesday through Sunday.
Comprehensive Plan Considerations:
The subject site and the surrounding area are shown as Retail Regional on the
Land Use Plan and developed as a shopping center. The site has more than
adequate access. There are two access points off of Harvey road, which is
considered a Major Arterial; it runs east -west on the north side of the subject site.
There is one access point off of the East By -Pass, which is considered a
Freeway; it runs north -south on the east side of the subject site. There also is an
access point off of Holleman, a Minor Arterial; which runs east -west on the south
side of the subject site. The applicant's request for a CUP for a nightclub in this
location is in compliance with the City's Comprehensive Plan.
Item Background:
The subject property has been annexed since 1958. It is currently zoned C -1.
The property to the north, adjacent to the subject site is currently zoned C -1 & R-
6. The property to the west, adjacent to the subject site is currently zoned C -3,
R -6 & WPC. The property to the south, adjacent to the subject site is currently
zoned WPC. The subject property has been platted in it's current configuration
since 1981.
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Recent development activity in the vicinity includes the nightclub CUP that was
approved by the Planning & Zoning Commission for Rooster's Icehouse in July
of last year. There was also a request for a school CUP Brazos School of Inquiry
inside the Mall, in July of 1999. The Commission denied that request.
Staff Analysis: 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." Staff conducted a technical review
and found general compliance with development regulations.
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 compliance with the Comprehensive 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 with Staff Review Comments.
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;
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4. Table; or,
5. Defer action to a specified date.
Supporting Materials:
1. Location Map
2. Application
3. Copy of Site Plan
4. Proposed primary entrance and signage
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INFRASTRUCTURE AND FACILITIES
This is an existing site. There are no anticipated changes to public
infrastructure.
NOTIFICATION:
Legal Notice Publication(s): The Eagle; 4 -04 -01
Advertised Commission Hearing Dates(s): 4 -19 -01
Number of Notices Mailed to Property Owners Within 200': 25
Response Received: We had one phone contact, who wanted a copy of
the applicants CUP Application.
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A 61;
Slide 1 (title)
SUMMARY
Slide 2 (SAM)
January 19, 2001
The applicant is requesting a Conditional Use Permit to open a nightclub at
1500 Harvey Road Suite 2026.
The subject property is located in the Post Oak Mall Shopping Center in the
old Theater location. The applicant wishes to open a Country and Western
nightclub with dancing and pool tables. Unless the public hearing brings to
light any new information, staff is recommending approval.
Slide 3 (Location photo)
The Land Use Plan designates this area as Retail Regional. The property is
currently zoned C -1 General Commercial. As the commission is aware,
nightclubs are allowed in C -1 Districts with the granting of a Conditional
Use Permit. The proposed nightclub is in compliance with the
comprehensive plan and all applicable zoning regulations.
Slide 4 (Area Nightclubs)
The location of Cactus Canyon will be right across from Chelsea Street Pub
& Grill, which occasionally has live music.
The applicant of Cactus Canyon has stated that the music will be strictly
D.J., and there will be four pool tables. The applicant has also stated that
they will be adding additional security for the parking lot access after hours.
Recently a CUP was granted for the proposed Rooster's Icehouse, which is
across the street, south of the subject property in the Wolf Pen Creek
Corridor.
RECOMMENDATIONS
Slide 4 (Commission must find...)
According to the Zoning Ordinance, Conditional Uses may be permitted by
the Commission after public hearing and after certain determinations are
made:
1. The use meets minimum development standards.
2. The proposed use is in compliance with the city's comprehensive plan.
And, The following public hearing will be the Commission's opportunity
to measure the potential impact on surrounding land uses.
OPTIONS
Slide 5 (Commission O tions)
The c has final auth6rY it over the Conditional Use Permit.
You may:
• Approve; , 7 C' �. P�
• Approve with conditions;
• Deny;
• Table; or
• Defer action.
Slide 6 (Location Photo
One person called and asked for a copy of the Conditional Use Permit
application, but did not speak about the case at hand.
That's all I have, are there any questions.
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