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HomeMy WebLinkAboutStaff ReportSTAFF REPORT Project Manager: Lindsay Boyer Report Date: August 15, 2005 Email: Iboyer @cstx.gov Meeting Date: September Item: Public hearing, presentation, discussion, and possible action on the expansion of an existing Conditional Use Permit for a Night Club, located in Suite D at 2551 Texas Avenue South in the Homestead Place Shopping Center (05- 39). Applicant: Ibtissam Haj -Ali, applicant for Hookah Station Staff Recommendation: Staff recommends approval; however, the public hearing may bring forth additional information regarding potential impacts that may be associated with the proposed use. Item Summary: The applicant is requesting an expansion to an existing Conditional Use Permit that was recommended by approval by the Planning and Zoning Commission on April 19, 2005, and approved by City Council on May 12, 2005. The Conditional Use Permit allows for the operation of a nightclub in a 2,000 square foot lease space in the Homestead Place Shopping Center. The proposed expansion would allow for a fenced outdoor eating area on two patio areas in front of the lease space. The patio is separated from the front of the building by a 4 foot sidewalk, a 4 foot sidewalk also separates the patio into two areas. The patio areas are 20' x 14' and 26' x 14' which would increase the size of the conditional use from 2,000 square feet to 2,644 square feet. The total allowed occupancy for the lease space will remain at 80 persons, and an expected employment of 10 people. The property currently has 124 parking spaces on site. The land plan report for the widening of Texas Avenue indicates that the property will lose 14 spaces with the widening of Texas Avenue, leaving 110 spaces. According to the UDO, the required number of spaces for a shopping center of this size, if developed today, would be 123 parking spaces. However, shopping centers are permitted to have a maximum of 25% of intense uses, including restaurants, coffee shops, nightclubs, and theatres, without additional parking being provided. Currently, the only other intense use is the Kindermusik music school in Suite F. With this addition, the percentage of intense uses increases from 10% to 12.5% Although the shopping center has limited parking, the other uses in the center have peak hours that differ from the proposed nightclub. A number of the tenants are offices and personal service retail with operating hours during standard business hours. Created on 811512005 9:23 AM P: IGROUPIHTLTRIPZLTRIPRODIPZ20051P0011575. DOC The center is located adjacent to Park Place Plaza Shopping Center and the Oak Forest Manufactured Home Park. The distance between the back of building and the nearest single - family residence is 145 feet. The use would also be located approximately 400 feet north of College Station Baptist Church. Comprehensive Plan Considerations: The Land Use Plan designates this area as Retail Regional and Texas Avenue is a major arterial on the Thoroughfare Plan. The property is zoned C -1 General Commercial. The property is surrounded by C -1 to the north and south, R -4 developed as a manufactured home park to the east, and Texas Avenue to the west. Item Background: The property is currently platted. The Homestead Place Shopping Center was developed in the mid 1980's. The property was originally annexed in 1969, and has been designated C -1 prior to 1975. Staff Analysis: Article 3, Section 13 of the Unified Development Ordinance authorizes the existence of conditional uses. The Planning and Zoning Commission may recommend to the City Council to approve an application for a conditional use permit where it reasonably determines that there will be no significant negative impact upon residents of surrounding property or upon the general public. The City Council may permit a conditional use subject to appropriate conditions and safeguards, when after public notice and hearing the Council finds that: (Staff comments are in italics) 1. "The proposed use shall meet the purpose and intent of this UDO and the use shall meet all the minimum standards established in this UDO for this type of use. • Staff conducted a technical review and found general compliance with development regulations regarding the use, parking, and distance from incompatible uses. 2. "The proposed use shall be consistent 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. "The proposed use shall not be detrimental to the health, welfare, or 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. Created on 811512005 9:23 AM 2 P: I GRO UPI HTLTRI PZLTRI PRODI PZ20051 P0011575. DOC 4. "The proposed site plan and circulation plan shall be harmonious with the character of the surrounding area. • The proposed use is located in an existing commercial center with an approved site plan. 5. "The proposed use shall not negatively impact existing uses in the area or in the City through impacts on public infrastructure such as roads, parking facilities, electrical, or water and sewer systems, or on public services such as police and fire protection, solid waste collection, or the ability of existing infrastructure and services to adequately provide services. • The proposed site would not affect existing infrastructure. Although parking is limited, the center does not have more than 25% intense use, and additional parking is not required. 6. "The proposed use shall not negatively impact existing uses in the area or in the City. • At this time, there are no known negative impacts on existing uses associated with the proposed use. The public hearing is an opportunity to gauge the impact this use would have on the surrounding area. The City Council may impose additional reasonable restrictions or conditions 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, utilities, drainage facilities, sidewalks, and screening." Related Advisory Board Recommendations: N/A Commission Action Options: The Commission is a recommending body on the question of Conditional Use Permit. The options regarding the use permit are: 1. Approval; 2. Approval with conditions to mitigate adverse impacts relating to specific site characteristics or with time limitations; 3. Denial; 4. Table; or, 5. Defer action to a specified date. Supporting Materials: Created on 811512005 9:23 AM 3 P: I GRO UPI HTLTRI PZL TRI PROD I PZ20051 P0011575. DOC 1. Location Map 2. Aerial 3. Application NOTIFICATION: Legal Notice Publication(s): The Eagle; 08 -30 -05 and 9 -30 -05 Advertised Commission Hearing Dates(s): September 15, 2005 Advertised Council Hearing Dates: October 13, 2005 Number of Notices Mailed to Property Owners Within 200': 11 Response Received: None as of date of staff report Created on 811512005 9:23 AM 4 P: I GRO UPI HTLTRI PZLTRIPRODI PZ20051 P0011575. DOC