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HomeMy WebLinkAbout02-00500123- 00073554FACSIMILE COVER SHEET 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 Date: 9- g_ 6z # of pages including cover: Ifyou did not receive a complete fax, please call our office immakatelyfora new transmittal. TO: .Qi COMPANY: RE: FROM: PHONE: (979)764-3570 COMPANY: City of College Station FAX: O REMARKS: ❑ Urgent ❑ For your review ❑ Replay ASAP ❑ FYI STAFF REPORT Project Manager: Jennifer Reeves Date: 07-10-02 Email: jreeves@ci.college-station.tx.us Item: Public hearing, discussion, and possible action on a Conditional Use Permit - Site Plan for the Bourbon St. Bar (CUP) located 2501 S. Texas Avenue (02-00500123) Applicant: Gary Seaback Staff Recommendation: The recommendation is for denial. Item Summary: The subject property is located in Suite D-101 of the Park Place Plaza shopping center which is at the intersection of Texas Avenue South and Southwest Parkway. In June of 2000, 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. The Commission placed the restriction of no live music at the nightclub. October of 2001 the applicant requested to expand the nightclub into the neighboring lease space, but was denied due to a history of noise complaints. The current owner would now like to expand The Bourbon Street Bar (known as Cody's in its previous application) in front of their lease space for outside seating. The applicant is proposing an 800 sq.ft. expansion consisting of a front patio area with seating area and televisions. They are also requesting permission to have live music "Friday night Piano Night, occasional comedians, hypnotists, open microphone and small bands". This would add 800-sq.ft.to the nightclub's existing 7000 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. The recommendation for denial is based on the negative impact from the neighboring mobile home park. 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. In October of 2001 Cody's was denied a Conditional Use Permit for an expansion. 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 the 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. Supporting Materials: 1. Location Map 2. Application 3. Copy of Site Plan NOTIFICATION: Legal Notice Publication(s): The Eagle; 07-08-02 Advertised Commission Hearing Date(s): 07-18-02 Number of Notices Mailed to Property Owners within 200': 23 Response Received: None as of date of staff report STAFF REPORT Prepared by: Molly Hitchcock Date: September 13, 2001 E-mail: mhitchcock@ci.college-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 1 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. 2 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. 3