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HomeMy WebLinkAbout2158-P DATE: January 28, 2013 TO: Planning Commission and City Council FROM: Stephen C. Richardson, Planning Manager SUBJECT: Consider a request for a specific use permit to allow a drinking place (drive-thru/walk-up daiquiri shop) in a GC-MD (General Commercial-Multiple Family Dwelling) District FILE: 2158-P STAFF REPORT The Planning Manager recommends approval. Karam Ali with Premiere Tobacco has applied for a specific use permit to allow a drinking place (drive-thru/walk-up daiquiri shop) in a GC-MD (General Commercial-Multiple Family Dwelling) District. The property is located at 2115 Calder. Mr. Ali states that he would like to use a portion of his tobacco shop for the serving of wine-based daiquiris. Mr. Ali says that the hours of operation will be 10 a.m. to 8 p.m., Monday thru Thursday, 10 a.m. to 9 p.m., Friday and Saturday and 12 p.m. to 7 p.m. on Sunday. The business will employ less than five persons. One hundred twenty-eight (128) sq. ft. of the existing nine hundred thirty-six (936) sq. ft. building will be used for the preparation of the daiquiris. An existing drive-up window and driveway is located on the east side of the building. Cars will enter the drive-up window by thth a driveway off of 5 St. and exit onto Calder or 5 Street. Exhibits are attached. PUBLIC NOTIFICATION Notices mailed to property owners 19 . Responses in Favor . Responses in Opposition . LEGAL DESCRIPTION FOR ORDINANCE PURPOSES Being Lots 11 & 12, Block 15, McFaddin Second Addition, City of Beaumont, Jefferson County, Texas, containing 0.3214 acres, more or less. ANALYSIS CONDITIONS FOR APPROVAL OF SPECIFIC USE PERMIT (SECTION 30-26.E, ZONING ORDINANCE) Application Application is in is not in Comments Compliance Compliance Attached CONDITIONS: 1. That the specific use will be compatible with and not injurious to the use and enjoyment of other property, nor significantly diminish or impair property values within the immediate vicinity; X 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, fumes, 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 ANALYSIS continued This application is in conformance with all of the eight conditions necessary for approval. Comments on Condition1 follow: 1. Calder is a mix of land uses including retail, residential, restaurants, offices, hospitals, services and religious. Included in these uses are a number of establishments that already sell alcoholic beverages. GENERAL INFORMATION/PUBLIC UTILITIES APPLICANT: Karam Ali for Premiere Tobacco PROPERTY OWNER: C & W Rentals, LLC LOCATION: 2115 Calder EXISTING ZONING: GC-MD (General Commercial-Multiple Family Dwelling) District PROPERTY SIZE: 0.3214 acres, more or less EXISTING LAND USES: Retail FLOOD HAZARD ZONE: A X @ - Areas determined to be outside 500-year floodplain SURROUNDING LAND USES: SURROUNDING ZONING: NORTH: Commercial GC-MD (General Commercial-Multiple Family Dwellin g) District EAST: Commercial GC-MD SOUTH: Apartments RCR-H (Residential Conservation and Revitalization-H) District WEST: Commercial GC-MD COMPREHENSIVE PLAN: Stable Area STREETS: Calder Avenue - Secondary arterial with a 70' wide right-of-way and a 50' pavement th width; 5 Street - Local street with a 60' wide right-of-way and a 27' pavement width DRAINAGE: Curb and gutter GENERAL INFORMATION/PUBLIC UTILITIES continued WATER: 6" water line SANITARY SEWER SERVICE: 6" and 12" sanitary sewer lines PROPERTY OWNERS ATWOOD DEBORAH BALDERAS ARACELI CALDERA BROUSSARD SONDA JEAN ET AL BURNS ANTIK HAUS LLC C&W RENTALS LLC CARTER WILLIE L SR ET UX CTC PARTNERSHIP DAEKE DALE MUKHTAR MOHAMMAD PRESCOTT MILDRED RODRIGUEZ LUIS STANLEY CLAUD G THREE POINT INVESTMENT LTD TRIANGLE ENGINE DISTR INC TRIANGLE ENGINE DISTRIBUTIORS WENDT ESTELLA M WOOLLEY BILLY