city of tempe meeting date: 10/01/2013 hearing officer
TRANSCRIPT
CITY OF TEMPE Meeting Date: 10/01/2013 HEARING OFFICER Agenda Item: 6
ACTION: Request approval for a Use Permit for Tobacco Retail for an electronic cigarette store for BUTT OUT, located at 401 S. Mill Avenue, Suite #106. The applicant is Matthew Berger, Seditious Vapours. FISCAL IMPACT: N/A RECOMMENDATION: Staff – Approval, subject to conditions BACKGROUND INFORMATION: BUTT OUT PL130318 is proposed to be located in the CC City Center zoning district in the historic Andre Building on the east side of Mill Avenue, between Third and Fifth streets. The suite is between a restaurant and a retail store, in the former retail suite. The request includes the following: ZUP13111 Use Permit to allow Tobacco Retail for an electronic cigarette retailer Property Owner Michael Godlewski, MAX2ACH, LLC
Applicant Matthew Berger, Seditious Vapours Zoning District CC City Center Commercial Lot Size .07 acres Suite Size 795 Parking Required/Provided 3 required – shared parking Bike Parking Required 2 Hours of Operation 11am to 7pm Monday through Friday
Noon-6pm Saturday 1pm-5pm Sunday
ATTACHMENTS: Development Project File STAFF CONTACT: Diana Kaminski, Senior Planner (480)-858-2391 Department Director: Lisa Collins, Interim Community Development Director Legal review by: N/A Prepared by: Diana Kaminski, Senior Planner Reviewed by: Steve Abrahamson, Planning & Zoning Coordinator
Mill
Ave
nue
University Drive
Rio Salado Pkwy
5th Street
PL130318– BUTT OUT ELECTRONIC CIGARETTE STORE
COMMENTS The site is located on the east side of Mill Avenue in the former Campus Corner retail suite between Fascinations retail store and Rula Bula restaurant. The proposed electronic cigarette store would be 795 square feet of retail space, selling electronic cigarettes, cartridges and accessories. As a tobacco retailer, they are allowed to sell tobacco related products. The City of Tempe Zoning and Development Code’s tobacco retailer separation requirements, which took effect in June 2007, prohibit a tobacco retailer from locating within 1,320 feet of a school. This proposal is not within 1,320 feet of a school, thus a tobacco retailer can be allowed subject to an approved Use Permit. PUBLIC INPUT At the writing of this report, there have been no calls/emails of inquiry/concern regarding this requested use. POLICE INPUT Security plan is not required for this use. USE PERMIT The proposed use requires a Use Permit, to allow Tobacco Retail sales for an Electronic Cigarette Store within the CC City Center Commercial zoning district. Section 6-308 E Approval criteria for Use Permit (in italics):
1. Any significant increase in vehicular or pedestrian traffic. The proposed use would have 2-4 employees over the course of the day, from 11am to 7pm. Customers are expected to be from the existing Mill Avenue population, the size of the store would not be a destination business. The former use of this site was a retail store. The proposed retail use has a floor plan which is more open and appears less intense than what was originally occupying the space and therefore should not increase vehicular or pedestrian traffic to the center.
2. Nuisance arising from the emission of odor, dust, gas, noise, vibration, smoke, heat or glare at a level exceeding that of ambient conditions. There are no known nuisances arising from this use that would exceed the ambient conditions of the commercial center.
3. Contribution to the deterioration of the neighborhood or to the downgrading of property values, the proposed use is not in conflict with the goals objectives or policies for rehabilitation, redevelopment or conservation as set forth in the city’s adopted plans or General Plan. With the proposed conditions of approval, the proposed tobacco retail use is not in conflict with the General Plan or considered deleterious to the surrounding neighborhood.
4. Compatibility with existing surrounding structures and uses. There are no proposed changes to the exterior of the building; the use is compatible with the existing structure and surrounding uses.
5. Adequate control of disruptive behavior both inside and outside the premises which may create a nuisance to the surrounding area or general public. The applicant is not proposing live entertainment, and is not proposed to be open late at night. Staff inside will be responsible for checking age for those wishing to test, try or purchase electronic cigarettes. The applicant has an existing location in Phoenix, and has experience operating this type of retail use.
The manner of conduct and the building for the proposed use will not be detrimental to persons residing or working in the vicinity, to adjacent property, to the neighborhood, or to the public welfare in general, and that the use will be in full conformity to any conditions, requirement or standards prescribed therefore by this code. Conclusion Based on the information provided by the applicant and the above analysis staff recommends approval of the requested Use Permit. This request meets the required criteria and will conform to the conditions.
PL130318– BUTT OUT ELECTRONIC CIGARETTE STORE
SHOULD AN AFFIRMATIVE ACTION BE TAKEN ON THIS REQUEST, THE FOLLOWING NUMBERED CONDITIONS OF APPROVAL SHALL APPLY, BUT MAY BE AMENDED BY THE DECISION-MAKING BODY.
CONDITION(S) OF APPROVAL:
1. This Use Permit or Variance is valid only after a Building Permit has been obtained and the required inspections
have been completed and a Final Inspection has been passed.
2. The Use Permit is valid for the plans as submitted within this application. Any additions or modifications may be submitted for review during building plan check process.
3. If there are any complaints arising from the Use Permit that are verified by a consensus of the complaining party
and the City Attorney’s office, the Use Permit will be reviewed by City staff to determine the need for a public hearing to re-evaluate the appropriateness of the Use Permit, which may result in termination of the Use Permit.
4. Any intensification or expansion of use shall require a new Use Permit.
5. No outdoor live entertainment or outdoor speakers shall be allowed.
6. Use Permit for Tobacco Retail does not allow live entertainment - live entertainment requires a separate Use Permit.
7. An occupancy inspection and clearance from the Tempe Fire Department shall be obtained prior to the use permit becoming effective.
CODE/ORDINANCE REQUIREMENTS: THE BULLETED ITEMS REFER TO EXISTING CODE OR ORDINANCES THAT PLANNING STAFF OBSERVES ARE PERTINENT TO THIS CASE. THE BULLET ITEMS ARE INCLUDED TO ALERT THE DESIGN TEAM AND ASSIST IN OBTAINING A BUILDING PERMIT AND ARE NOT AN EXHAUSTIVE LIST. The Use Permit is valid for BUTT OUT and may be transferable to successors in interest through an administrative
review with the Community Development Director, or designee.
Specific requirements of the Zoning and Development Code (ZDC) are not listed as a condition of approval, but will apply to any application. To avoid unnecessary review time and reduce the potential for multiple plan check submittals, become familiar with the ZDC. Access the ZDC through www.tempe.gov/planning/documents.htm or purchase from Development Services.
SITE PLAN REVIEW: Verify all comments by the Public Works Department, Development Services Department, and
Fire Department given on the Preliminary Site Plan Reviews. If questions arise related to specific comments, they should be directed to the appropriate department, and any necessary modifications coordinated with all concerned parties, prior to application for building permit. Construction Documents submitted to the Building Safety Department will be reviewed by planning staff to ensure consistency with this Design Review approval prior to issuance of building permits.
All business signs shall receive a Sign Permit. Contact sign staff at 480-350-8372. Any intensification or expansion of use, including shall require a new Use Permit. All required permits and clearances shall be obtained from the Audit and Licensing Division of the City of Tempe prior to
the Use Permit becoming effective.
PL130318– BUTT OUT ELECTRONIC CIGARETTE STORE
This use shall not violate the City of Tempe Smoking Ordinance or Smoke Free Arizona Act A.R.S. §36-601.01.
The owner/management shall adhere to the City Adopted International Mechanical Code.
HISTORY & FACTS: 1900 Andre Building was constructed. 1902 Andre sold the property to C.G. Jones, whose family owned it until 1977. In addition to Andre's hardware
and harness shop, the Andre Building has housed a number of businesses, including Price Wickliffe's Furniture and Undertaker (1912-1929), the Southside Progress newspaper (1939-1942), and the Arizona Cotton Growers Association (1919). The second floor has been a boarding house and apartments. The building has also been the location for the U.S. Post Office (1917-1947) and the Masonic Lodge (1917-1953).
1977 City of Tempe purchased the building. 1979 Andre Building individually listed in the National Register of Historic Places 1981 The exterior of the building was restored to its original appearance. The building suffered fire damage in
1999, but structural and fire safety improvements in the 1981 rehabilitation contributed to its survival. 2000 Cactus Sports remodeled the suite for a retail use that operated until recently in 2013. ZONING AND DEVELOPMENT
CODE REFERENCE: Section 6-308 Use Permit Section 3-423 Use Separation Requirements Tobacco Retailer Section 3-202, Table 3-202A Permitted Uses
DEVELOPMENT PROJECT FILE for
BUTT OUT ELECTRONIC CIGARETTE STORE ATTACHMENTS:
1. Location Map
2. Aerial Photo
3-4. Letter of Explanation
5-6. Site Plans
7-8. Existing & Proposed Floor Plans
9. Elevation
10. Site photos
11-12. Butt Out Website
CC
5TH ST
MILL
AVE
7TH ST
UNIVERSITY DR
6TH ST
ASH
AVE
3RD ST
FORE
ST AV
E
MYRT
LE AV
E
MAPL
E AVE
4TH ST
ASH AV
E
MYRT
LE AV
E
6TH ST
CC
CC
CCCC
GID
CC
CCCC
CC
CC
CC
CC
MU-4
CC
CCCC
CC
MU-ED
CC
CC
CCMU-EDCC
MU-ED
CC
CC MU-EDCC
MU-ED
Location Map
BUTT OUT PL130318
SITECC
±ATTACHMENT 1
MILL
AVE
4TH ST
BUTT OUT (PL130318)
ATTACHMENT 2
ATTACHMENT 3
ATTACHMENT 4
ATTACHMENT 5
ATTACHMENT 6
ATTACHMENT 7
ATTACHMENT 8
ATTACHMENT 9
BUTT OUT E-CIG STORE PL130318 SITE PHOTOS Hearing Officer October 1, 2013
ATTACHMENT 10
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