Item Coversheet

CITY COUNCIL AGENDA COMMUNICATION
AGENDA DATE:AprilĀ 23, 2019
SUBJECT:

Conduct a Public Hearing and Adopt an Ordinance to Establish a Specific Use Permit for a Smoking Establishment Use for an Approximately 4,775± Square Foot Portion of a Building Generally Located South of State Highway 121 and West of Watters Road (And Commonly Known as 975 N. Watters Road, Suite 190). [Cigar Palace]

STAFF RESOURCE:

Marc Kurbansade, Director of Community Development

PREVIOUS COUNCIL ACTION:

Planned Development No. 92 - Approved March, 2004

Planned Development No. 92 - Amended November, 2005

Planned Development No. 92 - Amended February, 2016

Planned Development No. 92 - Amended July, 2016

Planned Development No. 92 - Amended December, 2018

BOARD / COMMISSION ACTION:

On April 2, 2019, the Planning and Zoning Commission voted 4 in favor (Commissioners Trahan, Platt, Orr, and Shaikh) and 3 opposed (Commissioners Autrey, Metevier, and Ogrizovich) to recommend approval of the request.

ACTION PROPOSED:

Conduct a Public Hearing and Adopt an Ordinance to Establish a Specific Use Permit for a Smoking Establishment Use for an Approximately 4,775± Square Foot Portion of a Building Generally Located South of State Highway 121 and West of Watters Road (And Commonly Known as 975 N. Watters Road, Suite 190). [Cigar Palace]




BACKGROUND

The property is located at the southwest corner of the intersection of State Highway 121 and Watters Road. The properties to the north (across State Highway 121) are the City of McKinney. To the east (across Watters Road), west, and south, the properties are zoned Planned Development No. 92 Corridor Commercial.

 

The property is currently zoned Planned Development No. 92 with a base zoning of Corridor Commercial. The original Planned Development was established in 2004 with the intent to emphasize entertainment, commercial, and retail uses. In 2016, two amendments to this Planned Development were approved allowing Office and Medical or Dental Office uses on a portion of Tract A. In 2018, a Planned Development Amendment was adopted to expand Office and Medical or Dental Office uses, add Medical Clinic as a permitted use, and amend the Concept Plan.

 

The previous agenda item requested to amend the Planned Development to allow a Smoking Establishment use following the approval of a Specific Use Permit. The applicant is pursuing a Specific Use Permit for this use.

 

The applicant is proposing to tenant a 4,775± square foot suite, including a 415± square foot outdoor patio, in a newly constructed building for Cigar Palace. Staff categorizes this use as a Smoking Establishment.

 

The applicant submitted a business summary in conjunction with the SUP application. The business is required to meet regulations for both a Private Club use and a Smoking Establishment use. The existing Planned Development does allow a Private Club use by right. The applicant will be required to meet the minimum standards for a Private Club, including a minimum of 25% food sales. The applicant is intending to provide pre-packaged food to meet this minimum.

 

The Specific Use Permit has been reviewed and meets the standards of the Allen Land Development Code.

 

On April 2, 2019, the Planning and Zoning Commission recommended approval of the request.

 

LEGAL NOTICES

 

Public Hearing Sign - March 22, 2019

Public Hearing Letters - March 22, 2019

Newspaper Notice - April 4, 2019


STAFF RECOMMENDATION

Staff recommends approval.


MOTION

I make a motion to adopt Ordinance No. _______ for Specific Use Permit No. 167 for a Smoking Establishment use for Cigar Palace.



ATTACHMENTS:
Description
Ordinance
Property Notification Map
Draft Minutes of the April 2, 2019 P&Z Meeting