File #: CUP-18-03    Version: 1 Name:
Type: Action Item Status: Tabled
File created: 1/8/2018 In control: Planning and Zoning Commission
On agenda: 1/23/2018 Final action: 1/23/2018
Title: CUP-18-03 (Olive Garden) - Hold a public hearing and consider a request by Olive Garden Holdings, LLC on behalf of Eirrek OGT, LLC to renew a Conditional Use Permit to allow for the sale of mixed beverages at 1305 S IH 35. (W. Parrish)
Attachments: 1. CUP-18-03 Notification Map, 2. CUP-18-03 Aerial Map.pdf, 3. CUP-18-03 Staff Report, 4. CUP-18-03 Site Plan, 5. CUP-18-03 Floor Plan, 6. CUP-18-03 Menu, 7. CUP-18-03 Application, 8. CUP-18-03 Presentation

AGENDA CAPTION:

Title

CUP-18-03 (Olive Garden) - Hold a public hearing and consider a request by Olive Garden Holdings, LLC on behalf of Eirrek OGT, LLC to renew a Conditional Use Permit to allow for the sale of mixed beverages at 1305 S IH 35. (W. Parrish)

 

Body

Meeting date:  1/23/2018

 

Department:  Planning and Development Services

 

Amount & Source of Funding
Funds Required:
  NA

Account Number:  NA

Funds Available:  NA

Account Name:  NA

 

Fiscal Note:
Prior Council Action: NA

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Background Information
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The applicant owns an Olive Garden restaurant which occupies an approximately 7,757 square foot building. The restaurant offers a full menu and has 249 seats. There are 195 off street parking spaces.

 

The hours of operation are from 11 a.m. to 10 p.m. Sunday-Thursday and 11 a.m. to 11 p.m. Friday -Saturday.

Olive Garden submitted a Conditional Use Permit application for this location which was originally approved on December 08, 2015 by the Planning and Zoning Commission. An appeal was filed by a concerned neighbor, which led to City Council approving the Conditional Use Permit with modified conditions on January 19, 2016.

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Recommendation: 

Staff provides this request to the Commission for your consideration and recommends approval of the Conditional Use Permit with the following conditions:

1. The CUP shall be valid for three (3) years, as long as the TABC regulations are met;

2. The building shall be no closer than 40 feet to the property line of the nearest residential property;

3. The CUP shall be posted in the same area and manner as the Certificate of Occupancy;

4. No outdoor dining space is allowed;

5. No outdoor amplified music shall be audible across property lines;

6. Trucks longer than 30 feet must ingress and egress on the IH-35 service road (not Hays Street)

7. Olive Garden must keep a sign near the access to 118 Hays Street that discourages traffic through the neighborhood