File #: 18-2839    Version: 1 Name: Public Hearing - Public Hearing and Consideration of a Specific Use Permit for Eating Place with Drive-Through Service, and to Provide a Variance to the Alcoholic Beverage Sale Regulations Enacted Under Section 109.33 of the Texas Alcoholic Beverage Code,
Type: Consideration Item Status: Passed
File created: 8/15/2018 In control: City Council
On agenda: 8/27/2018 Final action: 8/27/2018
Title: Public Hearing - Public Hearing and Consideration of a Specific Use Permit for Eating Place with Drive-Through Service, and to Provide a Variance to the Alcoholic Beverage Sale Regulations Enacted Under Section 109.33 of the Texas Alcoholic Beverage Code, on Approximately 1.28 Acres Out of the Jacob Back Survey, Abstract No. 126, Generally Located on the North Side of E. Broad Street, the East Side of Cannon Drive, and the West Side of SH 360; Scott Brown of Hat Creek Burger Co. on Behalf of Charles W. Anderson of CWA Vistas, LP (ZC#18-018)
Sponsors: Joe Smolinski, Lisa Sudbury
Attachments: 1. Maps and Supporting Information, 2. Exhibit A, 3. Exhibits B - E, 4. Letter of request for variance to allow alcohol sales, 5. Previously Approved PD
Title
Public Hearing - Public Hearing and Consideration of a Specific Use Permit for Eating Place with Drive-Through Service, and to Provide a Variance to the Alcoholic Beverage Sale Regulations Enacted Under Section 109.33 of the Texas Alcoholic Beverage Code, on Approximately 1.28 Acres Out of the Jacob Back Survey, Abstract No. 126, Generally Located on the North Side of E. Broad Street, the East Side of Cannon Drive, and the West Side of SH 360; Scott Brown of Hat Creek Burger Co. on Behalf of Charles W. Anderson of CWA Vistas, LP (ZC#18-018)

Requested Action
To consider the subject Specific Use Permit request and to consider a variance to the alcoholic beverage sale regulations enacted under Section 109.33 of the Texas Alcoholic Beverage Code to allow alcohol sales within 300 feet of the charter school in Walnut Ridge Baptist Church.

Recommendation
The Planning and Zoning Commission held a public hearing on August 6, 2018, and voted 6-1 (Chairman Wilshire voting nay) to approve with the condition that the 7’ x 60’ visibility triangle be moved to the intersection of the drive approach and the new front property line in accordance with the requirements of the Engineering Department. The applicant has submitted revised plans that address this condition.

Description/History
The subject property consists of 1.28 acres and comprises the originally-proposed “Lot 2” (now called “Lot 4”) of the Vistas of Walnut Ridge Planned Development. The 1.4-acre property immediately to the east was approved via detailed site plan earlier this year for a 9,572 sq. ft. retail/restaurant building.
Specific Use Permit Request
The applicant is requesting a Specific Use Permit to allow an eating place with drive-thru. The Development Plan for the Vistas of Walnut Ridge specifies that “uses that require a specific use permit” in the Zoning Ordinance “will require a future application for a specific use permit.”

Site Plan
The applicant is proposing a 2,371 sq. ft. restaur...

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