AGENDA CAPTION:
Title
CUP-24-65 (Bird Dog) Hold a public hearing and consider a request by Justin Pearson, on behalf of Bird Dog, for a Conditional Use Permit to allow on premise consumption of Beer & Wine, located at 1701 S IH 35. (K. Buck)
Body
Meeting date: January 14, 2025
Department: Planning and Development Services
Amount & Source of Funding
Funds Required: N/A
Account Number: N/A
Funds Available: N/A
Account Name: N/A
Fiscal Note:
Prior Council Action: N/A
City Council Strategic Initiative:
N/A
N/A
N/A
Comprehensive Plan Element (s):
☐ Economic Development - Choose an item.
☐ Environment & Resource Protection - Choose an item.
☐ Land Use - Choose an item.
☐ Neighborhoods & Housing - Choose an item.
☐ Parks, Public Spaces & Facilities - Choose an item.
☐ Transportation - Choose an item.
☐ Core Services
☐ Not Applicable
Master Plan:
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Background Information:
This Conditional Use Permit accompanies a Variance application (VR-25-01) as the subject business is located less than 300 feet from a public school, Mendez Middle School, as measured “in a direct line from the property line of the place of business, and in a direct line across intersections”. Please note, this is the first instance an alcohol CUP is being requested at this location.
Council Committee, Board/Commission Action:
N/A
Alternatives:
N/A
Recommendation:
Staff recommends approval of CUP-24-65 with the following conditions:
1. This permit approval is subject to the Commission’s approval of the Distance Variance VR-25-01; and
2. The permit shall be valid for one (1) year, provided standards are met; and
3. Any addition of outdoor seating on the site shall necessitate an amendment to this CUP; and
4. No outdoor amplified music shall be permitted; and
5. The following statement shall be included on all restaurant menus: “Due to the close proximity of a school campus, please be alert for students and drive carefully. This restaurant will accommodate, as necessary, any individual that needs transportation after consuming alcoholic beverages”; and
6. The restaurant shall operate such that gross revenue from alcohol sales will be less than 25% of the total gross revenue for the business, with the restaurant submitting annual reports indicating this condition has been met; and
7. The permit shall be effective upon issuance of the Certificate of Occupancy; and
8. The permit shall be posted in the same area and manner as the Certificate of Occupancy.