HomeMy WebLinkAbout1416-P0K_3Mr___I
DATE: July 20,1998
TO: Planning Commission and City Council
FROM: Stephen C. Richardson, Planning Director
SUBJECT: Request for a specific use permit to allow a drinking place within a shopping center
zoned GC -MD (General Commercial -Multiple Family Dwelling) District.
FILE: 1416-P
STAFF REPORT
Mr. Charles M. Mackenzie wishes to open "Mackenzie's Pub" in lease spaces 9B and 10,
Oaks Shopping Center at 229 Dowlen Road. The applicant will also serve food. There is a
fully equipped kitchen on the premise. He has had almost 30 years of restaurant management
experience. The shopping center lies at the hub of a "Community Centel" on Dowlen
between Phelan Boulevard and Calder Avenue.
Other businesses in the shopping center include a grocery store, gym, insurance company,
small businesses, various retail shops and personal services. Land use to the north, east and
south around the shopping center is commercial and apartments. Dowlen and Phelan are
major arterial streets and Calder is a collector street. There is no development to the west,
only commercially zoned wooded tracts abutting the rear of the center.
Exhibits are attached.
PUBLIC NOTIFICATION
Notices mailed to property owners 21
Responses in Favor , Responses in Opposition
LEGAL DESCRIPTION FOR ORDINANCE PURPOSES
Being part of Tax Roll Tract 105, Plat SP-6, Charles Williams Survey, Ab-59, Beaumont,
Jefferson County, Texas, containing 7.93 acres, more or less.
06/ 1 1 /98
TO: THE PLANNING COMMISSION AND CITY COUNCIL
FROM: CHARLES M. MAiCKENZIE
I AM REQUESTING A SPECIFIC USE PERMIT TO OPERATE A DRINKING
ESTABLISHMENT IN THE OAKS SHOPPING CENTER ON DOWLEN RD.
I WILL BE OPERATING A PUB THAT WILL SERVE ALCOHOLIC BEVERAGES ALONG WITH A
LIMITED FOOD MENU.THE LOCATION HAS A FULLY EQUIPPED KITCHEN. IT SEATS
APPROXIMATELY 100 PEOPLE, THERE IS ALSO A SMALL DANCE FLOOR ON THE PREMISES
THAT I WOULD LIKE TO UTILIZE. I WILL BE EMPLOYING APPROX. 10 EMPLOYEES
PLUS MY WIFE,SON AND MYSELF.
I WILL BE EXTENDING TO MY CUSTOMERS AND GUESTS A PLACE WHERE THEY CAN
RELAX WITH THEIR HUSBANDS, WIVES AND FRIENDS IN A VERY TIGHTLY CONTROLLED
ATMOSPHERE. NO LOUD MUSIC, POOL TABLES OR OTHER INTRUSIVE ITEMS THAT
WOULD DETRACT FROM THE ATMOSPHERE I WILL CREATE FOR THEM. THERE WILL BE
ZERO TOLERANCE FOR DRUNKENESS, VULGARITY OR INFRINGEMENT ON OTHERS
RIGHTS. WE WILL OFFER MUSIC FROM THE BIG BAND ERA AS WELL AS FROM THE FIFTYS
AND SIXTYS.
I WILL BE OPEN UNTIL MIDNIGHT SUNDAY THROUGH THURSDAY AND UNTIL 2:00
AM ON FRI. AND SAT. WE WILL SERVE A FREE BUFFET FROM 4:OOPM UNTIL 7:OOPM
DAILY . WE WILL ALSO OFFER SEVERAL APPETIZERS AND ONE FEATURED ENTREE THAT
WILL CHANGE DAILY.
THIS PROPERTY IS ALLREADY LANDSCAPED AND PARKING IS MORE THAN
ADEQUATE SINCE MOST OF MY BUSINESS WILL BE AT NIGHT AND THE REST OF THE
CENTER IS MOSTLY DAYTIME BUSINESS. THE PROPERTY AND MY LOCATION ARE
HANDICAP ACCESSABLE, ALL DELIVERIES ARE IN THE REAR OF THE BUILDING AND ALL
TRAFFIC PATTERNS ARE VERY COMPATABLE FOR PEDESTRIAN AND VEHICULAR TRAFFIC.
THE AREA IS EXTREMELY WELL LIT FOR NIGHT BUSINESS AND THE LANDSCASPING
AROUND THE LOCATION IS WELL MAINTAINED AND ATTRACTIVE.
I BELIEVE I HAVE A SOUND IDEA AND WITH TWENTY SEVEN YEARS EXPERIENCE IN
THE HOSPITALITY BUSINESS, A STRONG COMMITTMENT TO COMMUNITY SERVICE AND
VERY STRONG CONCERN FOR CUSTOMERS AND EMPLOYEES, I WILL HAVE A BUSINESS
THAT WILL BE A BENEFIT TO ALL INVOLVED..
PROJECTED SALES:
BEVERAGE SALES: $35,000
FOOD SALES: $ 5,000
TOTAL SALES: $40,000 MONTHLY
THANK YOU FOR=�DBA
N,
CHARLES M. MACZIE'S PUB)
(I) Nt.-P
I ) ADDITIONAL COMMENTS ON REQUIRED CONDITIONS,
I SIGNAGE WILL BE IN CONFORMANCE WITH EXISTING SHOPPING CTR.GUIDELINES.
2,ALL DRAINAGE AND STORM SEWERS ARE ALREADY IN EXISTANCE, AND ADEQUATE
AS PER MR.COLBERT AT THE CITY ENGINEERING DEPT,
3THE LAND IN BACK OF THE CENTER IS WOODED THE ENTIRE LENGTH OF THE CENTER
FROM A DEPTH OF SEVERAL HUNDRED FEET TO 1/4 MILE.
r LE .-16-P:.Ret ua-t.for a Specific- Us.Pen&t.to allow aArink n plac-e on prop NORTH
zoned GC-NID District. A
Location: Oaks Shopping Center, 22 Dowlen Road, �•'
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ANALYSIS
CONDITIONS FOR APPROVAL OF SPECIFIC USE PERMIT
(SECTION 30-26.E, ZONING ORDINANCE
Application Application
is in is not in C611merts
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;
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 —X
ANALYSIS continued
The proposed specific use permit application is in compliance with the eight conditions
necessary for approval. Comments on Conditions I and 8 follow:
1. The applicant plans to operate the pub. He has 27 years of business experience in
club and restaurant operations. His pub will serve beverages and food mostly in the
evenings when a majority of the other retail stores in the Oaks Shopping Center will
be closed. There is ample parking in the existing parking lots of the center. Delivery
of products is made from an alley at the rear of the center. The proposed drinking
place will be compatible to this area of retail businesses and restaurants.
8. The "Community Center", according to the Comprehensive Plan, will accommodate
community shopping centers, medical clinics, apartments, offices and recreational
facilities, The Oaks Shopping Center is adjacent to and accessed by two major
arterial streets and a collector street. Off-street parking is more than adequate.
GENERAL INFORMATION/PUBLIC UTILITIES
APPLICANT:
PROPERTY OWNER:
STATUS OF APPLICANT:
LOCATION:
EXISTING ZONING:
PROPERTY SIZE:
EXISTING LAND USES:
FLOOD HAZARD ZONE:
SURROUNDING LAND USES:
NORTH: Commercial and apartments
EAST: Commercial
SOUTH: Commercial
WEST: Wooded tracts
Charles M. Mackenzie
M. A. Phelan, Trustee
Lessee
229 Dowlen Road
GC -MD (General Commercial -Multiple Family
Dwelling) District
Shopping center is 7.9 acres.
Shopping center
"C" - Minimal flood hazard
910JIM91110M
GC -MD and RM-H (Residential Multiple Family Dwelling -
Highest Density) District
GC -MD
GC -MD
GC -MD
GENERAL INFORMATION/PUBLIC UTILITIES continued
COMPREHENSIVE PLAN: Community Center
OTBER PHYSICAL
FEATURES: None
STREETS: Dowlen Road - Major arterial
Calder Avenue - Collector
Phelan Boulevard - Major arterial
DRAINAGE: Storm sewers in abutting streets. Some
ditches in Calder. Site drainage approved by
the City Engineer.
WATER: Available and existing from abutting streets
and easements.
SANITARY Available and existing from abutting streets
SEWER SERVICE: and easements,
FIRE PROTECTION: Fire protection is provided by Station #4,
Gladys at Lucas and #9, 7010 Gladys.
ADEQUACY OF SERVICE: Existing services are adequate. Parking
approved by the City Traffic Engineer.