Case #383Specific Use Permit Request

4704 Broadway(Smoke To Live Vape Shop)

Presented By: Jason LutzCommunity Development Services Director

City Council MeetingAgenda Item #7

February 8, 2016

SUMMARY The applicant is seeking a Specific Use

Permit to allow the land use of “StoresOther Than Listed” for the propertylocated at 4704 Broadway.

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BACKGROUND On May 26, 2015 the City Council approved

amendments to the City’s zoning code regarding “Retail General” and “Stores Other Than Listed”.

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BACKGROUND These amendments require that any retail or

business “… whose products are not listed or permitted in the B1, B2, and B3 zoning districts or whose primary product is intended for individuals 18 years of age or older including, but not limited to, humidors, general tobacco shops or vaping stores, …” must obtain an SUP.

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SUBJECT AREA

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POLICY ANALYSIS The proposed land use would be located

in a retail shopping center. The SUP would only be approved for

the suite 4704 and not the entireshopping center.

The proposed business is “Smoke ToLive” vaping shop.

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POLICY ANALYSIS The proposed business is “Smoke To Live”

vaping shop. A vaping shop is a retail establishment

which focuses on retail items used toconsume vapor from an electroniccigarette or similar device, whichcontains a small reservoir of liquidnicotine.

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POLICY ANALYSIS The proposed land use is categorized is

“Stores Other Than Listed” and theproducts offered require the purchaserto be at least eighteen (18) years ofage, thus requiring an SUP.

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POLICY ANALYSIS The existing retail space requires one

(1) parking space for every threehundred (300) sq. ft. of retail space.

The proposed use requires the sameparking ratio, so no additional spaceswould be required.

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POLICY ANALYSIS Legal has proposed a “sunset provision”

in the ordinance to ensure that if thebusiness ceases to operate the SUPwould be revoked and any similar landuse, that may come after, would berequired to go back to P&Z and CityCouncil for approval.

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POLICY ANALYSIS – SUNSET PROVISION This SUP shall automatically expire if the

applicant moves from 4704 Broadway ortransfers, sells or otherwise conveys anyownership of applicant’s business to a thirdparty or if the applicant fails to comply withall applicable federal, state and local lawsand regulations pertaining to public healthand safety.

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EXISTING SITE PLAN

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P&Z RECOMMENDATION On February 1, 2016 the Planning & Zoning

Commission reviewed the requested SUPand recommended denial of the request

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PUBLIC NOTIFICATION Postcards were mailed to property owners

within a 200-foot radius of the property,appropriate notice was posted on the Citywebsite, and a legal notice was printed inthe official newspaper of the City of AlamoHeights.

Responses received: Support: (0) Oppose: (1)

QUESTIONS?