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CUP Nos. 2016-10 and 2016-11 <br />April 11, 2016 <br />Page 2 <br />Protect Description <br />Danielle Foley, representing 7 -Eleven, is requesting approval of a conditional use permit to operate a <br />retail market that occupies a 3,014 -square -foot tenant space on a 24-hour basis and a conditional use <br />permit to establish an off -sale ABC license at a retail market located at 3960 South Main Street, <br />Unit A. <br />Alcohol storage and display areas will be located in the beverage cooler area and on an aisle -cap <br />display, with distilled spirits displayed and stored behind the service counter. The total alcoholic <br />beverage storage and display area will be approximately 150 square feet, which is approximately five <br />percent of the gross floor area of the tenant space (Exhibits 4 and 5). <br />Project Background <br />7 -Eleven is a retail operator based in Dallas that has been in operation for nearly 90 years. 7 - <br />Eleven operates, franchises, and licenses retail stores in 18 countries, with approximately 8,600 <br />stores located in the United States and Canada. <br />7 -Eleven is proposing to acquire an existing retail market with a Type 21 ABC license that occupies <br />Unit D of the retail shopping center, rebrand it as a 7 -Eleven, and relocate it to Unit A within the same <br />center. The business operator is proposing to relocate to Unit A to maximize the store's visibility <br />along Main Street. No changes to the exterior of the building or to the site are being proposed as part <br />of this project. <br />Project Analysis <br />Conditional use permit requests are governed by Section 41-638 of the SAMC. Conditional use <br />permit request may be granted when it can be shown that the proposed project will not adversely <br />impact the community. If these findings can be made, then it is appropriate to grant the conditional <br />use permit. Conversely, the inability to make these findings would result in a denial. Using this <br />information staff has prepared the following analysis, which, in turn forms the basis for the <br />recommendation contained in this report. <br />Staff has reviewed the applicant's request to operate a retail market on a 24-hour basis and to <br />establish an off -sale ABC license at this location. In analyzing the request, staff believes that the <br />following findings of fact warrant approval of the respective conditional use permits. <br />Conditional Use Permit No, 2016-10 — After Hours Operation: <br />The SAMC provides for the regulation of retail markets having less than 20,000 square feet of floor <br />area which operate between the hours of 12:00 midnight and 5:00 a.m. subject to a conditional use <br />permit in the Arterial Commercial (C5) zoning district. The purpose of regulating after-hours <br />operation of small retail markets is to preserve the neighborhood characteristics and to minimize <br />impacts to surrounding areas, and to ensure the site does not become an attractive nuisance. <br />31 C-4 <br />