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HomeMy WebLinkAbout00072378 STAFF REPORT Prepared by: Jennifer Flanery Date: March 15, 2002 Email: jflanery@ci.college-station.tx.us Item: Public hearing, discussion, and possible action on a Conditional Use Permit (CUP) for the Roxi, as an extension to the Cactus Canyon nightclub, located at 1500 Harvey, at the Southwest corner of Harvey Road and Earl Rudder Freeway, suite #5002 and #5010 of Post Oak Mall. Applicant: Milton Thompkins Staff Recommendation: Staff recommends approval. Item Summary: The applicant is proposing an extension to Cactus Canyon nightclub with a dance floor, four pool tables, a D.J., and a stage for karaoke. The subject site is the old Chelsea Street pub and Navy Recruitment center locations in Post Oak Mall. The applicant for Roxi has stated that the music will be strictly by D.J. and that the noise level will meet the City of College Station Ordinance. The hours of operation will be Tuesday through Sunday, 7:00 p.m. until 1:00 a.m. There will be two access points to the nightclub from the exterior of the mall, facing Earl Rudder Freeway, and one connection to the existing Cactus Canyon, via a walkway that will be built over the hallway corridor in the mall. There will be no entrance to the club from the interior of the mall. The applicant will be providing additional security in the parking lot after hours. Comprehensive Plan Considerations: The Land Use Plan for the City of College Station shows the subject site and the surrounding area as retail regional. The property is developed as a shopping center. The site has adequate access. There are four access points to the site: two located on Harvey Road, an east-west major arterial on the north side of the site, one located on Earl Rudder Freeway running north-south on the east side of the property, and one located on Holleman Drive, an east-west minor arterial on the south side of the property. 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 was annexed into the city in 1958 and is currently zoned C- 1, General Commercial. The property adjacent to the subject site is currently zoned and developed C-1 and R-6 to the north, developed C-1, C-3, R-6 and undeveloped WPC to the west, and partially developed WPC to the south. The subject property has been platted in its current configuration since 1981. 1 The Planning and Zoning Commission approved the nightclub CUP for Cactus Canyon, with no conditions, on April 19, 2001. The Roxi is planned as an extension to Cactus Canyon. Cactus Canyon is located directly across the corridor in the mall from the proposed Roxi and the two will be connected by an overhead walkway. The proposed site for the Roxi is the old Chelsea Street Pub, which also had a stage for karaoki and occasionally had live music. 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 brings 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 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 INFRASTRUCTURE AND FACILITIES This is an existing site. There are no anticipated changes to public infrastructure. NOTIFICATION: Legal Notice Publication(s): The Eagle; 3-20-02 Advertised Commission Hearing Dates(s): 4-04-02 Number of Notices Mailed to Property Owners Within 200': 19 Response Received: None as of date of staff report 3