The purpose of an SUP is to add or modify specific land use rights to those already granted within a zoning district. Section 106.02.17 provides that each request considers the intensity of the proposed use within the context of the proposed location based on compatibility and suitability, and in evaluating the compatibility of the proposed use within the existing area context, "the town council may impose such additional development standards and safeguards as the conditions and locations indicate important to the welfare and protection of adjacent property from noise, vibration, dust, dirt, smoke, fumes, odor, gas, explosion, glare, offensive view, or other undesirable or hazardous conditions."
Section 106.05.02, in reference to special permanent land uses, identifies certain regulations and criteria that must be followed when the location of such uses is considered by the Town. One such regulation is placed on liquor store uses:
- The lot containing a liquor store shall be located at least 1,000 feet from any lot containing another like use, as measured in a straight line between the nearest points of one lot to the other.
Since the liquor store component of this request is Staff interpretation of a proposed use and the applicant is not explicitly proposing a liquor store, the Planning and Zoning Commission may choose to consider and classify the proposed use differently. However, it is important the Commission make that distinction as the adjacent property, directly to the north, contains an existing liquor store, and if the proposed use is deemed to really be classified as a liquor store, it would be prohibited on this site.
Given the regulations and conditions for the proposed special uses under Section 106.05.02, the following conditions should be placed on this SUP if the Commission considers approval:
Staff recommends the Planning and Zoning Commission evaluate the proposed Specific Use Permit based on the proposed special uses and how they fit into the existing context of the area.
- Prior to issuance of a certificate of occupancy, the business owner shall provide the town with a copy of its state permit to operate as a bar, brewpub, or similar use.
- Prior to issuance of a certificate of occupancy, the business owner shall provide the town with a copy of its state permit to operate a liquor store.
- All alcohol-related activities must meet all standards found in chapter 10, alcoholic beverages, of the Little Elm Code of Ordinances.