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Home My WebLink About2412-PDATE: June 15, 2020 TO: Planning Commission and City Council FROM: Chris Boone, Director of Planning and Community Development SUBJECT: Consider a request for a Specific Use Permit to allow a bar in a GC -MD (General Commercial - Multiple Family Dwelling) District. FILE: 2412-P STAFF REPORT Flame 2.0 Daiquiri and Bistro, is applying for a specific use permit to allow a bar in a GC -MD (General Commercial -Multiple -Family Dwelling) District. The facility will be located in an existing strip center on 11th St. The address of the property is 39 N. 11th Street. In 2014 a Specific Use Permit was approved for a bar at this location. It has been more than a calendar year since that bar was open, so a new application is required. The property is located less than 1000' feet from two school properties. City of Beaumont ordinance states: See. 6.03:003 Proximity of dealer to school, church, day care center or child care facility (a) Except- as otherwise provided by the Texas Alcoholic Beverage Code, it shall be unlawful for any person to sell or possess for the purpose of sale any alcoholic beverages where the establishment or place of business of any dealer is: (1) Within three hundred (300) feet of a church or public or private school; (2) Within one thousand (1, 000) feet of a public school or a private school ifthe governing body of the city receives a request from the governing body of the private school or from the board of trustees of the school district under section 38.007, Education Code; or (3) Within 1000 feet of a day care center or child care facility, as those terms are defined by section 42.002 of the Texas Human Resources Code. (b) The measurement of the distance between the place of business where alcoholic beverages are sold and the church, public or private school, day care center, or child care facility shall be determined as described in sections 109.33 and 109.331 of the Texas Alcoholic Beverage Code, as amended. State. law (Title 4, Chapter 109, Subchapter A, Section 109.33 "Sales near school, church, or hospital" (c)) requires that the applicant must give written notice of the application to officials of public or private schools within 1000 feet of the nearest property line. The applicant is required to provide a copy of the notice to the State commission with the application. Utilities and drainage in the area are adequate for the proposed use. Existing parking provided on the lot will be sufficient for the proposed bar. Staff recommends approval of the request subject to the following conditions: 1. "No Loitering" signs shall be posted in the parking lot. 2. Applicant provides notice to any school having property within 1000 feet of the subject property and the State as required by State law. Please note that final occupancy approval is subject to review and acceptance of submitted plans and field inspections to verify compliance with applicable codes. Exhibits are attached. PUBLIC NOTIFICATION Notices mailed to property owners 16 Responses in Favor Responses in Opposition LEGAL DESCRIPTION FOR ORDINANCE PURPOSES Being Plat C6, Tract 63, N. Tevis Survey, Beaumont, Jefferson County, Texas, containing 1.38 acres, more or less. CONDITIONS FOR APPROVAL OF SPECIFIC USE PERMIT (SECTION 28-26.E, ZONING ORDINANCE) Conditions: Application is in compliance 1. That the specific use will be compatible with and not injurious to the use and enjoyment of other property, or significantly diminish or impair property values within the immediate vicinity; x 2. That the establishment of the specific use will not impede the normal and orderly development and improvement of surrounding vacant property; X 3. That adequate utilities, access roads, drainage and other necessary supporting facilities have been or will be provided; X 4. The design, location and arrangement of all - driveways and parking spaces provides .for the safe and convenient movement of vehicular and pedestrian traffic without adversely affecting the general public or adjacent developments; X 5. That adequate nuisance prevention measures have been or will be taken to prevent or control offensive odor, fames, dust, noise and vibration; X 6. That directional lighting will be provided so as not to disturb or adversely affect neighboring properties; X 7. That there are sufficient landscaping and screening to insure harmony and compatibility with adjacent property; and, X 8. That the proposed use is in accordance with the Comprehensive Plan. X Application is not in compliance Comments Attached GENERAL INFORMATION/PUBLIC UTILITIES APPLICANT: Christopher Segura PROPERTY OWNER: Allan Levine Trust LOCATION: 39 N. 11" St. EXISTING ZONING: GC -MD (General Commercial — Multiple -Family Dwelling) District PROPERTY SIZE: EXISTING LAND USES: FLOOD HAZARD ZONE: SURROUNDING LAND USES NORTH: Commercial EAST: Commercial SOUTH: Commercial WEST: Industrial COMPREHENSIVE PLAN: STREETS: - DRAINAGE: WATER: SANITARY SEWER SERVICE: —1.45 acres Commercial X — Area determined to be outside the 500 year flood plain i SURROUNDING ZONING: GC -MD (General Commercial — Multiple -Family Dwelling) District X9951-1-11 GC -MD LI (Light Industrial) District Stable Area / Hospital/Office District 1 Ph Street: 80' right-of-way with 60' pavement width Curb and gutter 6" Water line 8" Sanitary sewer line PROPERTY OWNERS NOTIFIED WITHIN 200 FEET CASEY POWERS WATKINS CORBELLO DAVID DINGO REALTY LLC DINGO REALTY LLC DISHMAN JUDY & GEORGE ENTERGY TEXAS INC FAD EQUITY LLC GRAINGER W W INC MATERIALS EVALUATION & SARK INVESTMENTS LLC SPECIFIC USE PERMIT APPLICATION BEAUMONT, TEXAS (Chapter 30, City. Codes) TO: THE PLANNING COMMISSION AND CITY COOUNCIL, CITY OF BEAUMONT, TEXAS F -Lw -.e- APPLICANT'S NAME: 6--rk-J 315 �a APPLICANT'S ADDRESS: APPLICANT'S PHONE #: 4L/ I ° Y—"!5 3 - �J 11 FAX 1 • i ADDRESS 0 LOCATION OF PROPERTY: --'3 q (JT 1 "-� LEGAL DESCRIPTION OF PROPERTY: LOT NO ADDITION NUMBER OF ACRES OR TRACT t 2 - PLAT SURVEY NUMBER OF ACRES For properties not in a recorded subdivision, submit a copy of a current survey or plat showing the properties proposed for a specific use permit, and a complete legal field note description. PROPOSED ZONE: ATTACH A LETTER describing all processes and activities involved with the proposed uses. ATTACH A SITE PLAN drawn to scale with the information listed on the top back side of this sheet. ATTACH A REDUCED 8 �I2" X 11" PHOTOCOPY OF THE SITE PLAN. THE EIGHT CONDITIONS listed on the back side of this sheet must be met before City Council can grant a specific use permit. PLEASE ADDRESS EACH CONDITION IN DETAIL. ATTACH THE APPROPRIATE APPLICATION FEE: LESSTHAN V2 ACRE.................................................................$250.00 ACRE OR MORE AND LESS TIIA.N 5 ACRES...........:.......$450.00 5 ACRES OR MORE..............................I....................................$650.00 I, being the undersigned applicant, understand that all of the conditions, dimensions, building sizes, landscaping and parking areas depicted on the site plan shall be adhered".ended and approved by City Council % J SIGNATURE OF APPLICANT: DATE: I SIGNATURE OF PLEASE TYPE OR PRINT AND SUBMIT TO FILE NUMBER. NOT APPLICANT) DATE: CITY OF BEAUMONT PLANNING DIVISION 801 MAIN STREET, ROOM 201 BEAUMONT, TX 77701 DATE RECEIVED: Phone - (409) 880-3764 Fax - (409) 880-3133 PLEASE MAKE NOTE ON REVERSE SIDE OF CONDITIONS TO BE MET REGARDING THE SITE PLAN AND LETTER OF PROPOSED USES AND ACTIVITIES. Flame 2.0 - Introduction / Specific Use Flame 2.0 is a daiquiri shop that will sell wine & beer in accordance to all city,state & federal laws. We have applied for our TABC liquor license via TABC, We've complied with TABC in notifying the public of our intent to sell by placing a sign on the property for 60 days, we've also placed an add in the paper per their request. We've also paid any applicable fees. Flame 2.0 will create daiquiris via the purchase of daiquiri machines, & wine blends with only the allotted permissible alcohol potency in accordance with legal limits. Flame 2.0 will adhere to all guidelines & laws set forth pertaining to alcohol sales & procedures. Flame 2.0 will seal all alcoholic beverages via a cup sealing machine. Flame 2.0 will ID and verify the age of any potential customer requesting an alcoholic beverage. Flame 2.0 will ensure that all managers and servers are compliant with federal and state laws by paying to have all potential servers and managers certified to sell alcohol from TABC or sources alike, e.g selfsery etc. note :Owner has already obtained certification. Flame 2.0 will in force the right to decline alcoholic beverage sales to any one, overly intoxicated, acting belligerent or negligent. Flame 2.0 will serve food & non alcoholic beverages in accordance with the City Of Beaumont regulations. We have been working closely with the health department and food services, water quality, fire department, planning and zoning, building codes, public works and drainage district to ensure all procedures are met. I'm addition all food prep equipment will be inspected and all servers & managers will obtain a license to handle food. Note: owner has been certified. Operating hours will be Monday - Thursday from Ilam to I 1pm Friday- Saturday l lam - 2am Sunday - 11 am - 6 pm. Flame 2.0 has also installed the latest 4K security systems with video/ audio to protect the establishment. In addition there will always be trained security personnel on site to deter any offensive behavior. Questions & Answers Flame 2.0 will not diminish or impair property values. We're very optimistic that we'll do the complete opposite, not only will the generation of customer base increase sales for neighboring businesses, in addition we're adding multiple elements to the plaza which makes it convenient for shoppers, E.G There is currently no establishment where a shopper can buy food or get a cold beverage. This could pose a major inconvenience to shoppers without transportation, elderly individuals etc. We're simply adding convenience. Furthermore, property owner and neighboring businesses have been extremely welcoming. Flame 2.0 will not impede the normal and orderly development and improvement of surrounding vacant property. Flame 2.0 will be supportive in regard to any development and/or improvement of surrounding vacant property. We want to see the community grow commercially. There will be no opposition. Flame 2.0 will ensure the adequate utilities, access roads,drainage and other necessary supporting facilities have been or will be provided. We have been working very close with sectors of the City Of Beaumont to ensure the compliance E.G Building Codes, Planning Zoning, Water utilities and are hopeful in regard to the passing of all inspections prior to being open for business, Furthermore at the pre development meeting on 2/20/20 we received no opposition in our efforts to open. The design, location & arrangement of all driveways and parking spaces must provide for safe and convenient movement of vehicular an pedestrian traffic without affecting the general. public or adjacent development. We're completely in agreement with this code. Per our lease contract we've been allotted 20 parking spaces. These spaces adhere to all guidelines and does not pose any potential hazards relative to pedestrians, traffic, or neighboring businesses. In any instance that Flame 2.0 parking causes issues we will immediately make reasonable accommodations. The adequate nuisance prevention measures have been or will be taken to prevent or control offensive orders, fumes, dust, noise and vibration. Yes, Flame 2.0 has & will continue to take preventive measures to ensure no disruption of services to neighboring businesses and community E.G sealing off any gaps in doors or floors, sound proofing, fire proofing via Sin installation in walls & ceiling. We've also purchased filtration systems to control dust, pollen, fumes etc. Flame 2.0 will ensure directional lighting will be provided so as to no disturb or adversely affect neighboring properties. Yes, In reference to lighting Flame 2.0 has installed 5% tint on all windows to ensure no light will affect neighbors, the same applies for lights outside the space. Prior to any outside signage being installed we will touch base with the property owner in regard to brightness aswell as neighboring businesses. We will also get an inspection from the City Of Beaumont for the outer signage. Flame 2.0 will ensure sufficient landscaping, by providing hourly outdoor housekeeping. Note: There is currently no grass around the space, Suite is in a strip center where the entire lot is concrete. 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