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HomeMy WebLinkAbout1702-PHE DATE: January 26, 2003 - should be 2004 TO: Planning Commission and City Council FROM: Stephen C. Richardson, Planning Manager SUBJECT: Consider a request for a specific use permit to allow a retail establishment selling alcoholic beverages with on -premise consumption in a GC -MD (General Commercial - Multiple Family Dwelling) District. FILE: 1702-P STAFF REPORT The Planning Manager recommends approval of this request. Adairs' Eskimo Hut is wishing to operate a drive-in and drive -through store that will sell convenience items, beer, wine, cigarettes and frozen wine -based daiquiris. The property is located at 5405 College Street. The applicant states that the proposed business will operate Monday - Saturday, 7 a.m. to 12 midnight and on Sundays, 12 noon to 10 p.m. Customers will have the option of parking their vehicles on the property and entering the building for their purchase or accessing the drive - through facility on the west side of the building. Exhibits are attached. PUBLIC NOTIFICATION Notices mailed to property owners 14 Responses in Favor . Responses in Opposition _. LEGAL DESCRIPTION FOR ORDINANCE PURPOSES Being Lot 1, Block 6, Caldwood Acres, City of Beaumont, Jefferson County, Texas, containing 0.30 acres, more or less. Planning Commission and City Council, The proposed business that is the subject of this descriptive letter will be family owned and operated by Terry and Hazel Adair (husband and wife of 44 years and currently retired) and John and Kristi Adair (husband and wife since August 2003). John Adair is a licensed attorney in the State of Texas currently practicing in Beaumont with the law firm of Orgain, Bell and Tucker L.L.P. The proposed business will operate under the name Eskimo Hut, The proposed business will use all of the same processes and activities as the other Eskimo Hut locations in Texas. Eskimo Hut locations in Texas include Amarillo, Midland, Odessa, San Marcos, Fort Worth and Abilene. The proposed business will operate Monday through Saturday from 7:00 a.m. to 12:00 a.m. (midnight) and on Sundays from 12:00 p.m. (noon) to 10:00 p.m. Customers will be able to park their vehicles on the property, enter the building through the front entrance and purchase convenience items (i.e. chips, candy, and other common items found in convenience stores) beer, wine, cigarettes and frozen wine based daiquiris. The property is also equipped with a "drive through." Customers will have the option of entering the property from College Street and parking along side the building. Customers will be able to remain in their vehicles while our employees come to their car, take their orders and bring the customers their requested items. Customers will then drive around the back of the building and exit on Chamberlin. All beverages containing alcohol sold at the proposed business will be sold in closed containers. The frozen wine based daiquiris will be packaged on premises using the following process: 1. The frozen daiquiris base mix is poured into a machine that freezes it. 2. The frozen daiquiris mix is then dispensed into a styrofoam cup. 3. A lid is then placed on the cup. 4. The cup is then placed in a plastic bag. 5. The plastic bag is then placed into a machine that heat seals the bag. 6. The sealed plastic bag containing the frozen daiquiri is handed to the customer as a closed container. The customer cannot access the daiquiris without first breaking the seal on the bag, removing the cup from the bag and then piercing the cup lid with a straw. This process for selling daiquiris has been approved by the TABC for other locations in the State of Texas. Currently, Eskimo Hut locations operate using the same processes and activities in Amarillo, Midland, Odessa, San Marcos, Fort Worth and Abilene. The use of this property for our intended purpose 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. The building that we have constructed on this property is an attractive white with red trim metal building that measures 2400 square feet. In addition, the property will be surrounded in part by a six foot tall privacy fence that will block the view from the neighborhood to the back of the building. The appraised value of the property with the newly constructed building is $215,000, The location of our proposed business is surrounded by commercial properties. Within two miles on either side of the property are several convenience stores that sell alcoholic beverages, a liquor store (Lucky Liquor), a club that sells alcohol and features partially nude dancers (Tonga), a metal salvage yard, a motorcycle repair shop and various other commercial and retail businesses. See attached exhibit A. Located behind our property is a residential neighborhood. This business will not produce any more noise or traffic than other businesses that presently operate in this area of College Street. This area of College Street experiences large amounts of traffic; the most recent official traffic count provided by the city shows that 40,000 cars drive past this area of College Street per day. The establishment of this business at this location will not impede the normal and orderly development and improvement of surrounding vacant property. This area of College Street is lined with businesses. Our proposed business will further the economic development of this area of Beaumont by attracting customers. Adequate utilities, access roads, drainage and other necessary supporting facilities have been or will be provided. Gentile Construction is serving as the contractor for this project. Please refer to the site plan for further information on this topic. 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 development. The property provides ample room for parking. Parking spaces will be available in front of and behind the building, The "drive through" will allow cars to enter the property off of College Street, travel along side the building and exit around the rear of the building onto Chamberlin, Please refer to the site plan for further information on this topic. Adequate nuisance prevention measures have been or will be taken to prevent or control offensive odor, fumes, dust, noise and vibration. The proposed business will not create any of the aforementioned nuisances in excess of what is normal for this area of College Street during the hours of operation. Also, as previously mentioned, a six foot tall privacy fence will surround, in part, the property. Please refer to the site plan for further information on this topic. No significant lighting will be added to this property. Any additional lighting that is added to this property will be directional lighting and will not disturb or adversely affect neighboring properties. Please refer to the site plan for further information on this topic. Sufficient landscaping and screening is provided in the site plan to insure harmony and compatibility with adjacent property. Please refer to the site plan for further information on this topic. The proposed use of this property is in accordance with the comprehensive plan. Please refer to the site plan for further information on this topic. Sincerely, Adair 01�#Adair a WWIR� - E KIRWIMMI mAlrl.ANQ sr ( I 1 - - --------- EILE 1702-P: Request for a specific use permit to allow a establishment selling NORTH alcoholic beverages with on premise consumption in a GC -MD (General Commercial - Multiple Family Dwelling) District. Location: 5405 College Street SCALE Applicants: Adair's Eskimo Hut, L, P. 1"=200" ,...t `� 4 k M. 81 oil If -,gttch 02003 MaDQuestoorm Ino.; 02003 GDT Ino. 1. Anything in a Basket 5305 College 2. Conoco Quick Stop 5408 College 3. Shell Food Mart 5500 College 4. Texaco Fast Lane 5610 College 5. Tonga Night Club 5900 College 6. Lucky Liquor 6096 College 7. Wizard Quick Stop 6590 College 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: I. 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, drain►ge 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 vehicularand pedestrian traffic without adversely affecting the general public or adjacent developments; x S. That adequate nuisance prevention measures have been or will be taken to prevent or control offensive odor, flames, dust, noise and vibration; x G. I'liat 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 Condition I follow: 1. The proposed business would be one of a number of businesses along College Street that sell alcoholic beverages (either for on -premise or off premise consumption). The length of College is commercial and/or industrial in nature. The proposed use is compatible with other uses along College Street. GENERAL INFORMATION/PUBLIC UTILITIES APPLICANT: Adair's Eskimo Hut L.P. PROPERTY OWNER: Terry and Hazel Adair LOCATION: 5405 College Street EXISTING ZONING: GC -MD (General Commercial -Multiple Family Dwelling) District PROPERTY SIZE: 0.30 acres, more or less EXISTING LAND USES: Commercial building FLOOD HAZARD ZONE: "X" - Areas determined to be outside 500-year floodplain SURROUNDING LAND USES: SURROUNDING ZONING: NORTI 1: Vacant GC -MD (General Commercial -Multiple Family Dwelling) District LAST: Commercial GC -MD SOUTH: Vacant GC -MD WEST: Commercial GC -MD COMPREHENSIVE PLAN: Growth Reserve OTHER PHYSICAL FEATURES: None STREETS: College St. - Major arterial with a 110' wide right-of-way, 7 lanes, undivided; Chamberlin Dr. - Local street with a 60'wide right-of-way and 18'pavement width. GENERAL INFORMATION/PUBLIC UTILITIES continued DRAINAGE: WATER: SANITARY SEWER SERVICE: FIRE PROTECTION: ADEQUACY OF SERVICE: College St. - curb and gutter Chamberlin Dr. - open ditch 2" and 12" water lines 6" and 8" sanitary sewer lines Fire protection is provided by Station 46, 1880 Major Drive, Services are adequate.