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Home My WebLink AboutPZ2022-100DATE: April 18,2022 TO: Planning Commission and City Council FROM: Chris Boone, Interim City Manager SUBJECT: Consider a request for a Specific Use Permit to allow a drinking place in the GC - MD (General Commercial — Multiple -Family Dwelling) District. FILE: P72022- 100 STAFF REPORT Kim Co,pelin and Jose Canedo are requesting a Specific Use Permit to allow a drinking place at 5910 Muela. Creek Drive, Suite E. Ms. Copelin states that they plan to offer a family friendly environment. This location will have a drive-thru only offering to -go daiquiris. Hours of operation will be Sunday through Thursday, noon till 10 p.m. and Friday & Saturday, noon till 11 p.m. The drive-thru window will be located on the west end of the building. The applicants currently have three (3) stores operating in the Houston area, Staff recommends approval of the request with the following condition: Constructions. plans must meet all requirements by Water Utilities for any water and sanitary sewer improvements, including any requirements of the City's backflow and/or pre-treatment programs. 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 6 Responses in Favor Responses in Opposition LEGAL DESCRIPTION FOR ORDINANCE PURPOSES Being Lots I & 2, Old Dowlen Business Park, Beaumont, Jefferson County, Texas, containing 1.01 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 co!n �rliance , Report 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, 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 GENERAL INFORMATION/PUBLIC UTILITIES APPLICANT: Kim Copelin and Jose Canedo PROPERTY OWNER: Samir Patel LOCATION: 5 910 Mucla Creek Drive, Suite E EXISTING ZONING: CC -MD (General Commercial Multiple -Family Dwelling) PROPERTY SIZE: EXISTING LAND USES: FLOOD HAZARD ZONE: SURROUNDING LAND USES: NORTH: Multi -Family EAST: Commercial SOUTH: Commercial WEST: Vacant COMPREHENSIVE PLAN: STREETS: WATER: SANITARY SEWER SERVICE: —1. 0 1 acres, more or less Commercial X — Area determined to be outside the 500- year floodplain. SURROUNDING ZONING: RM-H (Residential Multiple -Family Dwelling — Highest Density) GC -MD (General Commercial Multiple -Family Dwelling) GC -MD GC -MD Parkdale Mall Regional Center Muela Creek Drive — Local Street with an approximately 60'right-of way and 36' pavement width. Old Dowlen Road — Secondary Arterial with an approximately 66'right-of way and 26' pavement width. Open ditch along Old Dowlen Road and curb & gutter along Muela Creek Drive 10" water line 12" sanitary sewer PROPERTY OWNERS NOTIFIED WITHIN 200 FEET WAL-MART STOKES TEXAS, LP UDI PR.CPEWFY POINTE APTS BEAUMONT LLC BL & S REALTY LLC KOHL'S ILLINOIS INC 4FA V I AIAL Planning & Community Development Case Type:Planning and Zoning Case Status: REVIEW Case Sub Type: Specific Use Permit Tag Name: Suite E within TSO shopping center Case 9: PZ2022-100 Initiated On: 3/15/2022 3:54:39PM Location: 5910 MUELA CREEK DR, BEAUMONT, 77708 Individuals listed on the record: Applicant Kim Copelin 9310 M eadowbriar Lane Houston, TX 77063 Property Owner Jose Canedo 9025 Gaylord Houston, TX 77024 Case Type: Planning and Zoning Case #: PZ2022-100 Home Phone: Work Phone: Cell Phone: 713-725-7623 E-Mail: kim@daiquiritas.net Home Phone: Work Phone: Cell Phone: 713-702-9270 E-Mail: jose@_daiquiritas.net Page I of 3 Printed On: 312512022 W a pA _MV I jV4r kJ 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 A commercial shopping center which is located upon the lot, tract, or parcel of land situated In Jefferson County, Texas. Seeking exemption from selling food We are seeking a specific use permit for a suite located within, the shopping center at 5901 Muela Creek Drive. Dalquiritas currently operates three shops located within shopping centers. 9717 Jones Road, Houston TX 12722 Jones Road, Houston TX 7026 Fry Road, Houston TX Our business operations do not impede that of our neighbors which include a chiropractor, a pediatric doctor's office, a pizza shop, a bubble tea shop and a nail salon. Our hours of operation are compatible with health and medical offices as their peak hours are in the morning through early afternoon, We typically require only two parking spaces for our employees, leaving the majority of parking available for neighboring business staff, customers and clients. We recognize that a tidy store front attracts customers so we do our best to maintain a clean, inviting business. In fact, our daily procedures require our team members to check the area surrounding the business, including the drive through, and to remove any litter. The specific use will not impede development of surrounding property. Our business is drive through only. Customers are served efficiently then move on to their destination and will have no effect on development of the vacant property next to the shopping center. Support facilities such as access roads are already available and the property already has city approved surface drainage. Our store will not cause additional public surface drainage and sewer drainage will be made to the building codes of the City of Beaumont. The design, location and arrangement Signage will be provided directing customers to drive across the back of all driveways and parking spaces of the shopping center. Customers are served efficiently so there is provides for the safe and convenient not a long line of vehicles. Throughways are wide enough to provide movement of vehicular and pedestrian for safe and convenient movement through the shopping center and traffic service window without impeding customer, and staff, access to the neighboring businesses in the same shopping center. That adequate nuisance prevention Our business operations do not produce any odors, fumes or dust. measures have been or will be taken During construction, measures will be taken to provide adequate to prevent or control offensive odor, plumbing including drainage. fumes, dust, noise and vibration The equipment used to make and freeze the daiquiris produce sound at a level similar to an air conditioner. That directional lighting will be We do not intend to install additional lighting with the exception of provided so as not to disturb or our signage. We anticipate our storefront sign, directional sign and adversely affect neighboring menu board will be fit. All signage will be reviewed through the City of properties Beaumont's signage permitting process. Case Type: Planning and Zoning Page 2 of 3 Case#: PZ2022-1 00 Printed On: 3/25/2022 =A! That there are sufficient landscaping As part of lease agreement, we will, pay a monthly maintenance fee and screening to insure harmony and that goes toward the maintenance and landscaping of the property. compatibility with adjacent property That the proposed use is in We are seeking a special use that exempts us from selling food, This accordance with the Comprehensive exemption will allow us to maintain a high level of efficiency. Plan Notes: Case Type: Planning and Zoning Page 3 of 3 Case#: PZ2022-1 00 Printed On: 3125/2022 March 15, 2022 Sina Nejad, Chairman, and, Planning Commissioners 801 Main Street Beaumont, TX 77701 RE: Request for Zoning Variance for 5901 Muela Creek, Suite E, Beaumont, TX 77708 Dear Chairman and Planning Commissioners: We are leasing Suite E in the TSO shopping center at 5901 Muela Creek and zoned for GCMD. We, C3B3 LLC dba Daiquirtas, are a drive -through daiquiri shop and are seeking a Specific Use Permit that will remove the requirement to sell food. We operate three Daiquiritas shops in the Houston/Cypress area, We anticipate our staffing and hours of operation at the Beaumont location will be the same as our other sites. Each shop is staffed with four to five team members. We are open: • noon to 10:00 p.m. Sunday through Thursday • noon to 11:00 p.m. Friday and Saturday We provide drive -through service only. Customers can review the menu at the menu board then drive forward to order at the window. Team members ask for identification to verify customers are of legal age and drinks are served in a sealed container. Team members have TABC certification in seller/server training. Our team is efficient so there are rarely lines of cars. Focusing on making daiquiris will allow them to maintain, that level of efficiency. For your reference, we've attached photos of our existing shops as well as a copy of our menu. We would like to start construction soon and hope the Planning Commission can consider this request at the earliest possible date. Thank you for your consideration. Kim Copelin Co-owner, Daiquiritas U 41 HE Cl O 2 Dfive-thiru 'Wrdow m MAY-,` UE • co 777 Ia • 77777 7: r. Stn 0 41 —WANT j- -- AW w "AW n ing a Amoy NJ I (AI 4F MI (DO UD UI Ul , 711. Y> ID 0 ¢m � a E.1 0 i s a ._ mm Dalquiritas, 9717 Jones Road, Houston TX 77065 Dalquiritas, 7025 Fry Road, Houston TX 77433 12722 Jones Road, Houston:, TX 77070 Daiquiritas menu board "Z2022-100: Request for a Specific Use Permit to allow a drinking place in the GC -MD General Commercial — Multiple -Family Dwelling) District. applicant: Kim Copelin vocation: 5910 Muela Creek Dr., Suite E 0 100 200 300 400 1 1 11 1 1 1 Feet