31A - CUP - 2626 N BRISTOL ST UNIT B

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Conditional Use Permit No. 2016-12 September 26, 2016 Page 2 Proiect Description 7 -Eleven is requesting approval of a conditional use permit to operate a retail market located at 2626 North Bristol Street, Unit B on a 24-hour basis. The 2,260 -square -foot tenant space is currently occupied by a retail market, which 7 -Eleven is proposing to acquire, rebrand, and operate on a 24- hour basis. This request for a conditional use permit for after-hours operations will allow the retail market the ability to sell alcoholic beverages until 2:00 a.m. 7 -Eleven is also proposing site improvements that include new landscaping, parking lot lighting, repairs and enhancements to the trash enclosure, and to increase the height of the CMU block walls between the site and neighboring residential properties. The applicant will also remove the vending machines that are currently located along the front elevation of the building and are operated by the existing retail market. No changes to the exterior of the building are being proposed as part of this project (Exhibits 4 and 5). Proiect Background 7 -Eleven is a retail operator based in Dallas that has been in operation for nearly 90 years. 7 - Eleven operates, franchises, and licenses retail stores in 18 countries, with approximately 8,600 stores located in the United States and Canada. 7 -Eleven is proposing to acquire an existing retail market with a Type 20 ABC license, which has no history of disciplinary action, and to operate on a 24-hour basis. Conditional Use Permit No. 1996-05 was approved in 1996 which allowed the sale of beer and wine from the retail market. An application and appeal to upgrade the license type were submitted in 2008. Subsequently, the request for an upgrade in license type and appeal were denied due to the census tract being over -concentrated. Proiect Analysis Conditional use permit requests are governed by Section 41-638 of the SAMC. Conditional use permit request may be granted when it can be shown that the proposed project will not adversely impact the community. If these findings can be made, then it is appropriate to grant the conditional use permit. Conversely, the inability to make these findings would result in a denial. Using this information staff has prepared the following analysis, which, in turn forms the basis for the recommendation contained in this report. Staff has reviewed the applicant's request to operate a retail market on a 24-hour basis. In analyzing the request, staff believes that the following findings of fact warrant approval of the respective conditional use permit. The SAMC provides for the regulation of retail markets having less than 20,000 square feet of floor area which operate between the hours of 12:00 midnight and 5:00 a.m. subject to a conditional use permit in the Community Commercial (Cl) zoning district. The purpose of regulating after-hours operations of small retail markets is to preserve the neighborhood characteristics, minimize impacts to surrounding areas, and to ensure the site does not become an attractive nuisance. 31A-4