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Staff ReportSTAFF REPORT Case No.: 95-703 Applicant: Thank Nguyen for Pallazo Theater ITEM CONSIDERATION OF A CONDITIONAL USE PERMIT TO ALLOW THE USE AS A NIGHTCLUB IN THE FORMER SCHULMAN THEATER, MORE RECENTLY KNOWN AS THE GLOBE. NIGHTCLUB. ITEM SUMMARY AND STAFF RECOMMENDATION Conditional Use Permits do not run with the property but rather with the users of a particular. site. The previous users, KSK Entertainment, .did not meet all of the conditions that were placed on them when the CUP was approved two years ago. One of those conditions included annual review by the Commission, which was placed on the list of conditions in an effort... to :ensure that noise would not be a problem for the abutting trailer .home. park residents. The annual review condition as well as several other conditions were not satisfied by the previous users. The new use is therefore required to receive Commission review. The applicant in this case is the operator of Stafford Opera House, which is located in downtown Bryan. The use of the Schulman property will include theaters in both wings of the former theater with live music and entertainment in the main portion.. The entertainment portion of the business necessitates the CUP. The Commission has the discretion to allow the use, deny the use as a nightclub, or approve with conditions. Included inthispacket is the list of conditions that Council placed on the Globe. The Commission also has the discretion to require similar conditions if they are included in the motion to approve. COUNCIL POLICY ENDS STATEMENTS -The following Ends Statements may or may not be met with the approval of this request. Council will decide, based on the information in the staff report and any staff presentations, whether these Ends Statements will be met with this request. Transportation/Mobility =Citizens benefit from the ability to move into, out of, and within College Station in a safe and efficient manner. Parks & Recreation -Citizens. benefit from parks space and recreational activities which are geographically and demographically accessible and serve a diversity of interests. Health & :Public Safety -Citizens benefit from a reasonably safe and secure environment. Education/Information -Citizens benefit from access to broad based information and knowledge. Quality Service -Citizens benefit from a reasonable tax revenue for the value and quality of service delivered. Cultural Arts -Citizens benefit from participation in the arts. Employment/Prosperity -Citizens benefit from an environment that is conducive to providing diverse employment opportunities. Civic Pride -Citizens benefit from well planned, attractive residential and .commercial areas. COMPREHENSIVE PLAN -The following are Goals and Objectives from the City's adopted Comprehensive Plan.. Applicable ones are in bold. Complies with Future Land Use Plan Map?: Yes. The Land Use Plan reflects this area as retail commercial. Development Goals and Objectives: LAND USE Protection of residential uses: This site is a commercial site that was originally approved for use as a movie theater. The proposed use could be comparable if appropriate conditions are placed on the use. Encourage use of vacant land w/ services: The building had been vacant for several years before the Globe. Avoid strip commercial: TRANSPORTATION Provide major arterials to prevent congestion: Adequate pedestrian/bike movement: Ensure safety and ease of maintenance: Location of streets based on function: ..Driveway. access: Adequate for proposed use ECONOMIC DEVELOPMENT: N/A PARKS AND RECREATION: N/A HOUSING: N/A COM NITY APPEARANCE Promote good site design: Prevent and eliminate unsightly conditions: Occupied buildings are preferable to vacant ones in that the City can enforce maintenance. NOTIFICATION: Legal Notice Publication(s): Advertised Commission Hearing Date(s): 5-18-95 Number of Notices Mailed to Property Owners Within 200': 13 Response Received: None as of date of staff report ADDITIONAL COI\~~NTS Conditional use permits are granted by the Commission, subject to appropriate conditions and safeguards, when the Commission finds: A. That the. proposed use meets all the minimum standards established in the Zoning Ordinance for this type of use; B. That the proposed use is in harmony with the purpose and intent of the zoning ordinance and the plan for physical development of the district as embodied in the comprehensive plan for the development of the City; C. 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.