AGENDA CAPTION:
Title
Receive a Staff presentation, hold a public hearing regarding and consider the appeal in Case No. CUP-20-13 (Longhorn Daiquiris) of the decision of the Planning and Zoning Commission to deny the request by Andrea Villescaz, for a Conditional Use Permit to allow the sale of beer and wine for on premise consumption at 1617 Aquarena Springs Drive.
Body
Meeting date: November 4, 2020
Department: Planning & Development Services
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Funds Required: N/A
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Background Information:
Longhorn Daiquiri opened as a food trailer, using the main building as a seating area, in May of 2020. In July, 2020 an application was submitted for a Conditional Use Permit for on premise consumption.
During the month of August, 2020 there were several violations noted by Code Compliance, as well as calls to the Police Department for noise and fighting. The business was found using a kitchen which was not suitable for food service and selling alcoholic beverages. Several noise complaints were made, but there was not confirmation that the sound was from the establishment. The applicant indicated that the police calls on August 2nd were from an event hosted by an outside entity.
TABC was contacted and confirmed violations of the requirements for the sale of alcoholic beverages.
Police, Fire, and Code Compliance have concerns with the continuation of this business at this location and have provided recommendations of denial.
A super majority vote of the City Council is required to reverse the decision of the Planning and Zoning Commission.
Council Committee, Board/Commission Action:
• At their regular meeting on September 22, 2020 the Planning and Zoning Commission heard the request and voted to deny the new Conditional Use Permit with a 9-0 vote.
• The applicant joined the meeting immediately following the denial vote. The Commission voted 4-3 to reconsider the request due to the applicant’s technical issues.
• Following the applicant’s presentation, the Planning and Zoning Commission voted to deny the new Conditional Use Permit with a 9-0 vote.
Alternatives:
Staff provides the following conditions for consideration, should the City Council choose to approve the request:
1. The permit shall be valid for six (6) months, provided standards are met,
2. The permit shall be effective upon completion of a functioning kitchen that meets all Environmental Health requirements to allow for food preparation,
3. The establishment shall meet all COVID orders and guidelines, including requirement for face coverings where 6 feet of social distancing is not feasible and limiting the establishment to 50% capacity,
4. No alcoholic beverages may be consumed on premises after the posted hours of operation,
5. Alcohol sales shall constitute 50% or less of total gross receipts and shall be confirmed by posting of a TABC required blue weapons warning sign,
6. No outdoor live or amplified music shall be allowed, and
7. The permit shall be posted in the same area and manner as the Certificate of Occupancy.
Recommendation:
Staff recommended denial of the Conditional Use Permit.