HomeMy WebLinkAbout00071436STAFF REPORT
Prepared by: Molly Hitchcock Date: September 13, 2001
E-mail: mhitchcock@ci.coIlege-station.tx.us
Item: Public hearing, discussion, and possible action on a conditional use
permit for the expansion of Cody's nightclub located at 2501 Texas Avenue
South, Suite D-101. (1-500183)
Applicant: Mike Skipper
Staff Recommendation: Staff recommends approval of the conditional use
permit.
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. In June of last year, the Planning and Zoning Commission
granted a conditional use permit for this address for a country and western
nightclub with dancing for patrons age 21 and over. There were no restrictions
placed on the nightclub. The applicant would now like to expand Cody's (known
as Raffles in its original application) into a neighboring lease space that has
become available. This would add 2843 sq.ft. to the nightclub's existing 6800
sq.ft.
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.
Comprehensive Plan Considerations: The Land Use Plan designates this area
as Retail Regional. The nightclub has access to and from Texas Avenue (a
major arterial) and Southwest Parkway (a minor arterial).
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. Until the
opening of Cody's in 2000, the subject property had been vacant since the
closing of G. Cutlers in 1995.
The Rack Warehouse was a nightclub approximately 230 feet behind Park Place
Plaza and 400 feet from the Oak Forest Mobile Home Park, off of Southwest
Parkway. Since the Rack Warehouse's closing in the last year, Cody's is the
only nightclub in the area.
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." Site plan review was not necessary
in this case since the development is existing. Staff did look at the square
footage of restaurants and nightclubs in the shopping center though to
ensure compliance with parking requirements. Even with the proposed
expansion, the percentage of restaurants and nightclub would not exceed
25% of the shopping center. No additional parking would be required.
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. 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."
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.
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Supporting Materials:
1. Location Map
2. Application
3. Minutes from the June 15, 2000 P&Z meeting
NOTIFICATION:
Legal Notice Publication(s): The Eagle; 9-5-01
Advertised Commission Hearing Dates(s): 9-20-01
Number of Notices Mailed to Property Owners Within 200': 19
Response Received: None as of date of staff report.
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