HomeMy WebLinkAboutPZ2021-450DATE: January 24, 2022
TO: Planning Commission and City Council
FROM: Chris Boone, Director of Planning and Conununity 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: PZ2021-450
STAFF REPORT
Baptiste Brunner is requesting a Specific Use Permit to allow a bar at 8180 Eastex Freeway, Unit
2. Mr. Brunner states that his business will primarily consist of take-out or drive-thru customers.
The existing strip center is currently occupied by a convenience store in Unit 1. Seating will only
consist of four (4) seats at the bar. Existing parking is adequate for these uses.
Staff recommends approval of the request.
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 4
Responses in Favor Responses in Opposition
LEGAL DESCRIPTION FOR ORDINANCE PURPOSES
Being Lot 2, Elite Century Addition, Jefferson County, Texas, containing 1.58 acres, more or
less.
ANALYSIS
CONDITIONS FOR APPROVAL OF SPECIFIC USE PERMIT
(SECTION 28-26.E, ZONING ORDINANCE])
Conditions:
Application
,application
Discussion
is in
is not in
in Staff
compliance
compliance
Deport
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 inunediate
vicinity; x
2. That the establishment of the specific use will
not impede the normal and orderly development
and improvement of surrounding vacant
Property;
3. That adequate utilities, access roads, drainage
and other necessary supporting facilities have
been or will be provided,
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;
S. That adequate nuisance prevention measures
have been or will be taken to prevent or control.
offensive odor, fumes, dust, noise and vibration;
6. That directional lighting will be provided so
as not to disturb or adversely affect neighboring
properties;
`i. That there are sufficient landscaping and.
screening to insure harmony and compatibility
with adjacent property; and,
8. That the proposed use is in accordance with
the Comprehensive Plan,
P-14
1/
a
KI
x
04
19
GENERAL INFORMATION/PUBLIC UTIIATIES
APPLICANT: Baptiste Brunner
PROPERTY OWNER:
LOCATION:
PROPERTY SIZE:
EXISTING LAND USES:
FLOOD HAZARD ZONE:
SURROUNDING LAND USES:
NORTH: Vacant
EAST: Residential
SOUTH: Vacant
WEST: Highway
COMPREHENSIVE PLAN:
STREETS:
DRAINAGE:
WATER:
SANITARY SEWER SERVICE:
Sharif Ali
8180 Eastex Freeway, Unit 2
GC -MD (General Conunercial Multiple -Family
Dwelling)/I,l (Light Industrial)
—1.58 acres, more or less
Commercial
X — Area determined to be outside the 500
year floodplain.
SURROUNDING ZONING:
LI (Light Industrial)
RM-H (Residential Multiple -Family Dwelling —
Highest Density)
3MUTED
GC -MD
Stable Area
EastglFreeway — Freeway with an approximately
3 50' right-of-way and 40' pavement width for the
north bound access road.
Open ditch
8" water main
6" sanitary sewer
PROPERTY OWNERS NOTIFIED WITHIN 200 FEET
HOUSING AUTHORITY ORITY OF CITY OF
ELITE CENTURY CROUP LP
DIAMOND REAL PROPERTIES LLC
B UMONT
Planning & Community Development
Case Type:Planning and Zoning
Case Sub Type: Specific Use Permit
Case #: PZ2021-450
Location: 8180 EASTEX FWY SUITE B, BEAUMONT, 77708
Individuals listed on the record,
Applicant
Baptiste Brunner
8180 Eastex Fwy Ste B
Beaumont, TX 77708
Property Owner
Sharif Ali
8180 Eastex Fwy
Beaumont, TX 77708
Agent
Baptiste Brunner
8180 Eastex Fwy Ste B
Beaumont, TX 77708
Case Type; Planning and Zoning
Case #: PZ2021-450
Case Status: PENDING
Tag Name: SUP Application for CEHB Enterprises,
LM
Initiated On: 12/22/2021 12:24:59AM
Home Phone.,
Work Phone:
Cell Phone: 5042968847
E-Mail: GEHBEnterprises@gmail.r-om
Home Phone: 281-797-4000
Work Phone:
Cell Phone:
E-Mail:
Home Phone:
Work Phone:
Cell Phone: 5042968847
E-Mail- CEHBEnterpr[ses@gmall.com
Page 1 of 4
Printed On: 12122/2021
rrr
Legal Description
Number of Acres
Proposed Use
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
That the establishment of the specific
use will not impede the normal and
orderly development and improvement
of surrounding vacant property;
That adequate utilities, access roads,
drainage and other necessary
supporting facilities have been or will
be provided
Lot 2, Elite Century Addition
ME
Drive Thru/To-Go Frozen Beverages
The neighborhood where we wish, to open our establishment lacks
choices in amenities. The gas station we share the building with is
the only place where one can get retail food, gas, or beverages of all
kinds for a few miles. We will be adding a now retail beverage shop to
the area and be a part of the developing areas increase in retail
options that will benefit the communities around us and add to the
enjoyment. We believe the new and upcoming developments to the
area together with ours will not diminish or impair property values, but
rather Increase them if anything.
Although our business can be seen as a bar and technically defined
as "a drinking place", we are creating an environment that strongly
encourages all of our patrons to use our drive thiru, and created a
model and plan that reflects such. Our business will only have
seating for four at our bar and there are no other areas for people to
congregate as reflected in our floor plan. With regards to the
development of surrounding vacant property, the only vacant property
is directly south of our establishment. To add, our business will not
impede in any fashion as all of our operations will be held well within
our property no closer than 45ft from the property line with the vacant
undeveloped property. We will also only use the entrance and exit
designated for our property.
Utilities: The property has one master meter for all utilities already in
place and functioning, which will be shared among all tenants as
stated in our lease with the property owner
Drainage: All runoff and storm drainage for the property is already in
place on the property as it is fully developed. We are just doing a first
time fit up to one of the suites. Regarding drainage from plumbing, we
have plumbing/sewage stub ins and have submitted drawings with our
building permit showing that all codes will be fulfilled and complied
with for adequate plumbing.
Access Roads: All necessary access roads are already in place.
There are two access points to the property. One frorn the eastex fwy
service road just south of Chinn Ln. The other access rd is from
Chinn Ln. leading south to the property.
Case Type: Planning and Zoning Page 2 of 4
Case M PZ2021-450 Printed On: 1212212021
The design, location and arrangement
We have 5 designated and existing parking spaces that were created
of all driveways and parking spaces
during the property's initial construction. Our drive thru lane, as
provides for the safe and convenient
designated in our lease, allows for our drive thru customers to pull up
movement of vehicular and pedestrian
on the southern side of the building to place and receive their order,
traffic
and to exit they drive around the back of the building heading north
and may exit through either access they choose from there. My
patron's driveways and parking spaces are very similar to those of
the patrons of the gas station/convenience store. This arrangement
does not cause any hindrance on vehicular nor pedestrian traffic.
That adequate nuisance prevention
We have taken all nuisance prevention measures to our knowledge at
measures have been or wi!ll be taken
this time and will adopt more should any be necessary. Our
to prevent or control offensive odor,
business, in nature, will not produce any odor, fumes, dust, noise,
fumes, dust, noise and vibration
nor vibration. Our product does not create any odor nor fumes and we
will have zero waste of our product to create any odor. None of our
products or procedures create dust on a commercial scale. The only
dust created would be naturally occurring (i.e. common dust found in
homes) and disposed of regularly when cleaning. Finally, with
regards to noise and vibration, we do, not want and will not install
sound systems for music; and our machine equipment Is very silent.
There will not be any noise or vibration created. Our intercom system
for taking drive thru orders will be placed —200 ft away from the
apartment complex, and it does not create a noticeable sound from
further than 40ft away. In addition, the intercom will be directionally
placed facing south west towards the Eastex Fwy away from the
complex.
That directional lighting will be
The only developed properties near ours is an apartment complex
provided so as not to disturb or
with a property line —1 00ft behind our building; however, the actual
adversely affect neighboring
multi -family buildings themselves are —1 35ft+ away.
properties
As our plans show, the only exterior lighting we will add is our
business's sign which will be on the opposite side of our building
from the apartment complex, facing west and away from the
apartment complex behind us. We will not add any additional exterior
lighting other than this and a light hidden under our canopy above the
drive thru window on the southern side of the building. This lighting is
not any brighter than the lights already installed and active on the
south wall placed by the property owner. The canopy light will face
downwards and only illuminate the immediate area around the drive
thru window and will not disturb any neighboring properties.
That there are sufficient landscaping
There are two adjacent properties next to our portion of the building:
and screening to insure harmony and
compatibility with adjacent property
-The first is the undeveloped property south of us. This property is
also zoned for GG-MD use and there is no need for additional
landscaping and screening at this time.
-The second is the apartment complex located —135 ft away from the
back of our building. There is a large easement In the back of our
property containing a large —50 ft wide drainage canal. In addition,
there is also a code compliant fence dividing the properties from each
other.
Case Type: Planning and Zoning Page 3 of 4
Case 4: PZ2021-450 Printed On: 1212212021
-00
That the proposed use is in The space is brand new and categorized as a Stable Area. IIt is in
accordance with the Comprehensive good shape structurally with neighborhoods, shopping, eating/dining
Plan and has no deterioration. This location has multiple neighborhoods in
the immediate area, but no current existing: retail food, drink, etc.
type of businesses with the exception of our neighbor, the gas
station/convenient store, We hope to be part of the beginning of the
new growth to this area and provide a retail shop to serve it. There are
many future and currently underway developments in the area, and
bringing new business and local jobs to this area would be within the
spirit of the comprehensive plan.
Notes:
Case Type: Planning and Zoning Page 4 of 4
Case M PZ2021-450 Printed On: 12/22/2021
Dear Planning Commission,
My name is Baptiste Brunner, managing partner of CEHB Enterprises, LLC. I address you today
to speak about my need for a Specific Use Permit in a GC -MD zone in northern Beaumont at the
corner of Chinn Ln and the Northbound Eastex Fwy. The specific address is 8180 Eastex Fwy
Suite B, Beaumont, TX 77708, We intend to open a To-Go/Drive-Thru Daiquiri business. The
reason we need to apply for the SUP is because it is required for establishments considered as
"drinking places" to operate within a GC -MD zoned area. We are adopting a business model for
this establishment that hinders patrons from congregating on/inside of our property and will do
whatever we legally can to ensure no one ever does. The only reason one can consider us to be
a drinking place is because we have some form of indoor seating within our establishment.
Unfortunately, we are in a catch 22 here; as the State of Texas and TABC require us to have
some form of adequate interior seating per our BG alcohol permit. However, this BG alcohol
permit is the only one offered that allows us to serve drive-thru/to-go daiquiris. Whereas the
City of Beaumont's variance requires us to obtain an SUP in order to move forward with
opening our business because of said indoor seating. We initially submitted our building plans
in October, which showed seating for 11 and roughly —350sq ft of possibly congregating space.
Since our appeal last month with the Board of Adjustments, we have had our floor plan and
architect drawings amended (attached:) to reflect much less seating and practically no possible
place for people to congregate outside of the 4 bar stool area along the front bar. We hope this
shows our true intentions to the board.
Our business strictly seeks to serve those who wish to purchase our product through the drive-
thru, and the occasional car-less/walk-in patron to come inside to buy and' immediately leave
with their purchase. Again, our operation does not wish for anyone to come inside and
congregate; and we are taking numerous measures to ensure the board that this will come
true. In the attachments included, the largest to -go daiquiri franchise owner in, Texas and our
supplier both attest that by following MPACT beverages business model (MPACT is our product
supplier, based in Spring, TX) they experience practically zero indoor patrons. I can affirm their
attestation as I have visited 8-10 similar businesses throughout Houston, Port Arthur, Orange,
etc. while researching the industry, and I have never seen an indoor patron once.
After almost a decade of experience in the food and beverage industry, I have seen what
happens after people drink too much in a public setting. Fighting, people becoming ill, etc.
Every restaurant and bar has had to deal with this whether you are a 5-star restaurant or a hole
in the wall. We do not wish to ever deal with any predicament such as this, as we hope to never
deal with any of our patrons longer than 2 minutes. We simply wish to serve to -go drinks in the
fastest possible fashion to sober patrons for their at-home consumption. This business plan is
actually quite similar to the gas station next door. The only difference between us is they do not
have a drive,-thru and my drinks are made fresh and not pre -packaged. I hope this analogy
makes better light of our operation, and we hope to better explain if needed during our
meeting in January.
Thank you for your time, and my family and I wish you all a Merry Christmas!
Best,
Baptiste Brunner
Managing Partner
CEHB ENTERPRISES, ILLC.
(504)296-8847
CEHBENTERPRISES@GMAIL.com
To whom it may concern,
My name is Austin Johnson and I'm one of the owners at Mpact Beverage. We are the
leading supplier of Daiquiri to GO businesses in the state of Texas with over 150 daiquiri
partners. We have over 30 years of experience in the daiquiri business on both the retail
and vendor/supplier side have partnered up with Baptiste and Daiquiri BOOM to help
bring an authentic Daiquiri TO GO experience to North Beaumont.
I wanted to provide some insight into the Daiquiri To GO business model along with its
positioning in the eyes of the customer1consumer.
I've also included a firsthand testimonial from Zee Fareed who owns one of the largest
Daiquiri to go chains in Texas and incorporates that exact same model. (see attached)
Zee states that "over 99% of all drinks sold are consumed off the premise of the
business." Whether its picked up through the drive thru or picked up thru take out, 99%
of sales are to be consumed off premise. (attached is a master store list of the BG
licensed Daiquiri Island locations)
Also included is a series of other customer location photos and how they have executed
the model with a matching footprint and layout as Baptiste's. (End cap drive thru of
convenience store)
When consulting with a new start up customer one of the first points that I make is that
the success and growth of this business is predicated on the convenience of a daiquiri
"TO GO." I strongly advise that the operator overly positions it that way so that the
customer clearly understands that this is NOT a bar/lounge establishment. In fact, on -
premises consumption in a small footprint location has proven to stifle sales by
congesting the walk-up counterlordering point.
It is in the operator's best interest to simply meet the TABC's minimal seating area
requirements.
That in combination of large signs emphasizing "TO GO" & Drive thru sends a clear
message to the customer.
At the end of the day, this business provides a new, fun, and COVID 19 safe, Daiquiri
TO GO experience for Beaumont area locals.
This is the exact experience the Mr. Brunner hopes to bring to North Beaumont with your
help and support.
If you have any other questions about the business model or its positioning, please feel
free to contact me directly by email or by phone.
Thank you for your consideration.
Kind regards,
Austin Johnson
Vice President of Sates & Partner
Ajolinsoii(ez,iii2aetbeverage.con
C - 832-260-2217
P - 832-559-8633 Ext. 102
Mpact Texas Plant
21240 Foster Rd.
Sprij)g,'I'X 77388
www.moa!Ltb—eY�L,II �1-0111
1
XE C XE
STR. GRID — - — - -
l — , �C
�
11 �a is
X UTILITY 106
12 1 A911 DELIVERIES 107 E
sTRAGE 111a
-�-----iF6 E E E
I
XE
7 r a
'r---
�`.
16 Mil
Rr-5T ROOM W5 E
1VA5NING 109 _
X s _ - -- --- 22
C4 u-
-----------------,
#C, I
X,
HALL IOi 1 ORDERING 103
I
# E I
I
� 2EE1GE104 i w___W_______
i
1j i XE J
5U PPLIE5 III N ±AW.
STR. GRIDele
;., .
E
rat __o__ __--_----�
9
YIY
REGIONAL S T(DRAAGE 10) 1 „
PREPARATION 112.
a
ZZ /
A
,TASA Zr.5Sa5LV 19 U
r L------ --------------
A —
13 A911 XE
E
L NTKY 101 ¢�
STR, GRID - -
8
I I
i 1 I r
25
W s 1 1 W i w +� + w + a + i
a+ a i i d++ J A a Y+ m + Y m W W+
+maY+`++ i "iaaWi iw+Wi ++ +aaw w amY++aaa.im+ dmYWJ.J YJ YY wid+++Wiw++ aw++ wYWYi
w W+ J J m W a i + Y
+ + s + i ♦ i & + + a + a a m s s W W W W + J W 4r + w W w W w �a d.
+ + a ♦ a s W s 1 1 1 1 s S W 1 s W W 1 1 1 A ? A A S i +
a d
W W W W+ wm+ PROPOSED PRIVATE
+im+WiW+mwaw DUPLEX LIFT
m + +
STATION
m + m W + W + ♦ + + a Y +
r.^
l
MEN
AREA 1.57 ACRE I' I
1" W.L.
UNDER GROUND
W ,
La
ri
PROPOSED FIRE N':
HYDRANT ASSEMBLY 1 " DETER AND BACKFLOW
d d Ad., PER CITY OF BEAUMONT
d, � ' d
g STANDARDS AND PREVENTER (BFP)
SPECIFICATION RE:P7.0 1 "0 'WATER METER I M F
' FOR DETAILS BACKFLOW PREVENTER
(B P) FOR IR IG TIO
`d 1'
v 18
a Sx8 WET COWNEC
rrm IIST —ATT—: — T Po7T -ATT-- AT r T — — —AT ATT --ATT ATT---_ T
__--
G Iliml6C 8"x2" WET CONNECTION
g _'�I 8"x14" WET CONNECTION
4 a —E
— -- _ 8"x2" WET CONNECTION —�
8"x1' WET CONNECTION_ m
U.S. HWY 69,96,287
1-1/"
UNDI
1 " W. L
UNDER
1 —1/2"
AND B/
PREVEN
1 "o IV
- BACKf
PREVE
v-ATT-
'Z2021-450: Request for a Specific Use Permit to allow to allow a bar in a GC -MD
General Commercial — Multiple -Family Dwelling) District.
'applicant: Baptiste Brunner
. ocation: 8180 Eastex Freeway, Unit 2
0 100 200
1 1 1 1 [Feet II