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Home My WebLink AboutPZ2022-16 (02)DATE: April 18,2022 TO: Planning Commission and City Council FROM: Chris Boone, Interim City Manager SUBHi,CT: Consider a request for a Specific Use Permit to allow a drinking place in the GC - MD (General Commercial — Multiple -Family Dwelling) District. STAFF REPORT Tammi Scott is requesting a Specific Use Permit to allow a drinking place at 10425 Eastex Freeway, Suite 100. This item was presented at a Joint Public Hearing in February, but Ms. Scott could not attend the meeting, this item was tabled for a meeting when she could be present to answer questions. Ms, Scott states that they plan to offer a family friendly enviromnent, all of their classic flavors are available in a non-alcoholic option. This location will have a drive-thru window offering to - go daiquiris as well. Hours of operation will be Sunday noon till I Op.m., Monday — Wednesday 2p.m. till I Op.m. and Thursday — Saturday noon till midnight. This use is compatible with uses to the north and south of the property. There will, however, be a 12'x 60' outdoor patio area next to the building where they plan to host game nights, karaoke and live music. This could be problematic due to the residential properties directly across Old Voth Road. A sound barrier must be provided to protect these residences from loud music, etc. In addition the drive-thru lane will be placed between the restaurant and the patio. This could potentially create a hazard for patrons accessing the patio by crossing the drive-thru lane. In addition, adequate protection for the patrons in the patio from errant vehicles should be provided. Staff recommends approval of the request with the following condition: 1. Provide an eight (8) foot sound barrier along the entire west side of the outdoor patio area. 2. The layout and design of the drive-tliru and patio, must provide adequate protection to the pedestrians and patrons from errant vehicles such as columns, bollards, pavement markings and directional signage. Final approval subject to approval by City Engineering. 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 8 Responses in Favor Responses in Opposition LEGAL DESCRIPTION FOR ORDINANCE PURPOSES Being Tracts 297 & 73-D, Plat FPS-4, W. B. Dyches Survey, Abstract 17 and the adjacent abandoned R.O.W., Beaumont, Jefferson County, Texas, containing 2.23 acres, more or less. ANALYSIS CONDITIONS FOR APPROVAL OF SPECIFIC USE PERMIT (SECTION 28-26.E, ZONING ORDINANCLI) Conditions: Application Application is in is not in compliance compliance 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 Discussion in Staff Report GENERAL INFORMATION/PUBLIC UTILITIES APPLICANT: Tammi Scott PROPERTY OWNER: HS LaBrie Family LP LOCATION: 10425 Eastex Freeway, Suite 100 EXISTING ZONING: GC -MD (General Commercial Multiple -Family Dwelling) PROPERTY SIZE: EXISTING LAND USES: FLOOD HAZARD ZONE: SURROUNDING LAND USES: NORTH: Commercial —2.23 acres, more or less Commercial X — Area determined to be outside the 500- year floodplain. SURROUNDING ZONING: GC -MD (General Commercial Multiple -Family Dwelling) EAST: Eastex Freeway GC -MD SOUTH: Commercial Construction GC -MD WEST: Residential COMPREHENSIVE PLAN: STREETS: DRAINAGE: WAXER: SANITARY SEWER SERVICE: RS (Residential — Single -Family Dwelling) Neighborhood Growth Unit Eastex Freeway — Freeway with an approximately 3 5 0' right-of-way and 40' pavement width for the south bound access road. Old Voth Road — Major Collector with an approximately 66' right-of-way and 20' pavement width, Open ditch 16" water main 10" sanitary sewer PROPERTY OWNERS NOTIFIED D WITHIN 200 FEET AYRE S V STEPHEN JR STEWART LIONEL E ET UX BROUSSARD SONDA J BROUSSARD BRIAN KEITH GOODELL C D MID -COUNTY PLAZA LLC H/S LABRIE FAMILY LP MID -COUNTY PLAZA LLC T Planning & Community Development Case Type:Planning and Zoning Case Sub Type. Specific Use Permit Case M. PZ2022-16 Location: 10425 EASTEX FWY, BEAUMONT, TX (Suite 100) Individuals listed on the record., Applicant Tamm! Scott PO Box 2593 Baytown, TX 77522 Property Owner HS LaBrie Family LP 10655 FM 365 Beaumont, TX 77705 Case Type: Planning and Zoning Case#: PZ2022-1 6 Case Status: REVIEW Tag Name: On -premise and Drive Thru Daiquiri Shop Initiated On: 1/10/2022 12:27:08PM Home Phone: 832-414-8167 Work Phone. Cell Phone: 832-414-8167 E-Mail: tammi@dirtydaiquirLcom Home Phone, 409-796-1020 Work Phone: Coll Phone: 409-749-0102 E-Mail: shayl a365@1 abrie. life Page 1 of 2 Printed On: 113112022 T Planning & Community Development Legal Description Tracts 297 & 73-D, Plat IDS-4, W. B. Dyches Survey, Abstract 17 and the adjacent abandoned ROM. Number of Acres 2.23 Proposed Use Daiquiri bat, with drive-thru That the specific use will be We will bring value to this property by suppling an upscale space compatible with and not injurious to and bring quiet enjoyment for the entire family and we will not disturb the use and enjoyment of other surrounding tenants. 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 The design, location and arrangement of all driveways and parking spaces provides for the safe and convenient movement of vehicular and pedestrian traffic That adequate nuisance prevention measures have been or will be taken to prevent or control offensive odor, fumes, dust, noise and vibration That directional lighting will be provided so as not to disturb or adversely affect neighboring properties That there are sufficient landscaping and screening to insure harmony and compatibility with adjacent property That the proposed use is in accordance with the Comprehensive Plan Notes: Case Type: Planning and Zoning Case#: PZ2022-16 It will not impede as the surrounding area has already been developed. These will be supplied for me by the developer. Provided by the developer and our business will not impede with traffic flow. We do not emit offensive odors, etc. Correct, all lighting will be provided by.Mr. LaBrie and will be in accordance with city regulations. Provided by the developer and met to code. Having a Daiquiri Shop among the other businesses Is within the spirit of the comprehensive plan. Page 2 of 2 Printed On: 1/31/2022 01-10-2022 GTL Ventures, LLC DBA The Dirty Daiquiri PO Box 2693 Baytown, TX 77522 832-414-8167 Re: The Dirty Daiquiri - Beaumont Location To Whom it May Concern, We at The Dirty Daiquiri strive for excellence In all we do. From our beautiful store front, family friendly environment and our product, we strive daily to meet this mark. We provide a familly friendly environment for the Whole family. All our classic flavors come in a rion-alcoholic option for the under 21 family members, We intent to host game nights, karaoke Fridays, live local music as well as offer our space for our guests to celebrate their individual special moments. We love our business model and look forward to providing Beaumont families a safe, fun place to hang out and celebrate life. if you have any question feel free to reach out to me at any time. Kind regards, C!i2 Director of Operations The Dirty Daiquiri P0 Box 2593 Baytown, TX 77522 p. 832-414-8167 e. tarnmWirtyclaiquirLoom '7�7772Z, . . . ... 77771�777 F UP T WWW71 1777, 97 X—, . . . . . . .. 'lJ 0 4-J m 4-4 bb c: LU 4-J 4-1 to Ca uj M Ln S- 00 F— m C) (3) I 'Z2022-16: Request for a Specific Use Permit to allow a drinking place in the GC -MD General Commercial — Multiple-Fainily Dwelling) District. applicant: Tammi Scott .,ocation: 10425 Eastex Freeway, Suite 100 0 100 200 1 I I I Feet