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HomeMy WebLinkAboutStaff ReportSTAFF REPORT Project Manager: Jennifer Reeves Date: 02 -11 -03 Email: jreeves @ci.college - station.tx.us Item: Public hearing, discussion, and possible action on a Conditional Use Permit - Use only for the Fox and Hound located at 505 University Drive Suite 307 (03- 00500029) Applicant: Clarke and Wyndam Staff Recommendation: Staff recommends approval of the Use Only permit. Item Summary: The applicant is proposing to expand the Night Club /Restaurant (Fox and Hound /suite 307) into the 1500 square foot space adjoining the existing club space. The shopping center containing the Fox and Hound was established as a building plot when originally approved. The parking requirement was one space per 200 square feet. At the time the center was built, there was not a requirement limiting the amount of square footage that could be devoted to intense uses such as restaurant and bars like there is today. Less than 25% of the shopping center is devoted to intense uses. As long as the total square footage of the intense uses does not expand, the City will consider the center grandfathered and approve lease space renovations. In this case the lease space renovation is for a use that also requires a conditional use permit, thus the need for P &Z consideration. Comprehensive Plan Considerations: NA Item Background: The subject property is zoned C -1 General Commercial and was annexed into the City of College Station City Limits in 1951. The property was platted in 1980. Originally, Suite 307 (which is currently the Fox & Hound) was a restaurant known as Interurban. In January of 1994, a conditional use permit came before the P &Z. The applicant was requesting permission to add Billiard Tables and had changed the name to the Bull & Bear. The subject property would was then considered a nightclub since it would become more entertainment - oriented. 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) Created on 02/12/03 9:03 AM P. IGROUPIDevelopment ServiceslPlanning & Zoning Commissionll_egal Review12003IFebruary 20, 20031Fox & Hound CUP. doc 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 with the exception of the items listed below in the staff recommendation. 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 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; 4. Table; or, 5. Defer action to a specified date. Supporting Materials: 1. Location Map 2. Application 3. Copy of Site Plan 4. Lease Space Layout Created on 02112103 9:03 AM 2 P:IGROUPIDevelopment ServiceslPlanning & Zoning Commissionl!_egal Review12003IFebruary 20, 20031Fox & Hound CUP. doc NOTIFICATION: Legal Notice Publication(s): The Eagle; 02 -04 -03 and 02 -25 -03 Advertised Commission Hearing Date: 02 -20 -02 Advertised Hearing Dates: 02 -20 -03 and 03 -13 -03 Number of Notices Mailed to Property Owners Within 200': 32 Response Received: None as of date of staff report Created on 02112103 9:03 AM 3 P:IGROUPIDevelopment ServiceslPlanning & Zoning CommissioMLegal Review120031February 20, 20031Fox & Hound CUP.doc I have received 2 phone calls in opposition of this request. One of the opposing is Mr. Alfred Lehtonen who is the owner of the office building that is located on the east -side of the shopping center. Mr. Lohtonen has expressed concerns about the trash in the shopping center parking lot, and has approached staff wanting to know if the Planning and Zoning Commission could make it a condition of the Conditional Use Permit that the Fox & Hound Management be responsible for a daily trash pick up in the parking lot of the shopping center. College Stations legal staff has informed us that we cannot impose a condition like this. The Commission can only require physical conditions on a property. For example: The Commission could require that the applicant supply additional trash containers throughout the parking lot to help mitigate the trash problem.