	Planning & Zoning Commission
	Agenda Request
Agenda Of:	July 24, 2008	Agenda Request No:		IV-A
Initiated By:	Ruth Lohmer, AICP Senior Planner	Responsible Department:		planning
Presented By:	Ruth Lohmer, AICP Senior Planner	Assistant planning director:		douglas p. schomburg, aicp
		Additional Department. Head (s):		n/a
Subject / Proceeding:	conditional use permit (cup) to operate a restaurant in reserve “a-1” of sugar creek place, in the business office (b-o) district public hearing; discussion and direction
Exhibits:	supplemental information, vicinity map, aerial photo, site photos, application, conceptual site plan, plat excerpt, hearing notice
Clearances			Approval
Legal:	n/a		director of planning:	sabine somers-kuenzel, aicp
Recommended Action
Discussion and direction from the Commission following the Public Hearing.
Executive Summary
This Conditional Use Permit (CUP) would remove two previous CUP restrictions and allow Fernando’s Latin Cuisine to expand the business operations at their existing restaurant. The restaurant is located at 14135 Southwest Fwy (US 59), which is at the intersection of One Sugar Creek Place and US 59 in the Business Office (B-O) District. Eating places (SIC 5812) require a Conditional Use Permit in the B-O district. A Conditional Use Permit was approved for the site to be used as a restaurant in 2000 under Ordinance No. 1233, and the restaurant was constructed and utilized as Ruth’s Chris Steakhouse for several years prior to new ownership. Conditions included in the 2000 CUP restricted the hours of operation to 11:00 a.m. to 11:00 p.m. and provided for only indoor seating. The current owner has requested this CUP in order to add an outdoor patio area, of approximately 450 ft²for dining, and to extend the operating hours until 2:00 a.m. No other changes are proposed to the site. Under Chapter Two, Article I of the Development Code, a new CUP is required in order to modify conditions placed in a previously approved CUP ordinance. Consideration and Action of this item will take place at a subsequent Commission meeting. A preliminary analysis is included in the following staff report. File No. 9987 CC: Fernando@fernandosrestaurants.com
Exhibits

DEVELOPMENT CODE PROVISIONS FOR CONDITIONAL USE PERMITS:

Sec. 2-22. Standard of Review

In reviewing the application, the Commission and Council will consider the impact the proposed use would have on surrounding premises and the community, including traffic, noise, and property values; any conditions or restrictions that could mitigate any adverse impact; and other matters that are relevant to a determination of whether the use would be a compatible and appropriate use of the premises.

Sec. 2-23. Conditions

The Commission may recommend, and the Council may impose, reasonable conditions and restrictions in the granting of a permit to mitigate any adverse impacts of the proposed use. The conditions must be specified in the ordinance approving the permit.

GENERAL SITE INFORMATION AND ANALYSIS:

The following is a summary of general site information.

Adjacent Zoning	Northeast:	Business Office (B-O)
	Northwest:	Business Office (B-O)
	Southwest:	Business Office (B-O)
	Southeast:	Business Office (B-O)
	Site:	Business Office (B-O)
Adjacent Land Use	Northeast:	Guaranty Bank
	Northwest:	US 59/ Healix Office Buildings
	Southwest:	Office Building (former Unocal building)
	Southeast:	Overflow parking for former Unocal bldg, & Vacant
	Site:	Restaurant

PRELIMINARY ANALYSIS:

Fernando’s Latin Cuisine is an existing restaurant that is operating in the Business Office (B-O) district under a Conditional Use Permit, which was approved in April 2000 as Ordinance No. 1233. Two of the conditions that were placed on the CUP were as follows: (1) The restaurant shall be open to the public not earlier than 11:00 a.m. and not later than 11:00 p.m. of any day; and (2) The restaurant shall be operated primarily as a full-service facility, in which food is served by wait staff to diners seated at indoor tables (emphasis added). The original developer of the property, Ruth’s Chris Steakhouse, proposed and operated under these conditions for several years before the change of ownership. The restrictions placed at the time fit the needs of owner at that time. Now, the new owner has proposed to extend the operating hours to close at 2:00 a.m., and to add a small outdoor dining area.

As shown in the General Site Information and Analysis Table above, all the property surrounding this restaurant is zoned Business Office. With the exception of the property to the southeast, all of the adjacent property is being used for office buildings. The vacant property to the southeast is currently being used as overflow parking for the former Unocal building. Any future development of the property would be restricted to Business Office district uses. Since it is surrounded by other commercial uses, it does not appear as though the addition of the outdoor dining area or extension of business hours would negatively impact the area. In addition, the site has sufficient parking to include additional dining area for the restaurant.

When the Commission discussed the original CUP in April 2000, there were concerns about the noise of a restaurant and the impact this may have on the neighboring businesses and the residential neighborhoods in the area. At that time, the Commission recommended that the restaurant be limited to indoor seating. The new owner has requested the ability to add an outdoor seating area in the front of the restaurant, which is the furthest from any residential. In addition, future development of the adjacent vacant property would further buffer any negative impacts to the closest residential that may occur as a result of the proposed outdoor patio and extension of business hours. However, if noise is still of concern, the Commission might wish to consider placing a condition that no outdoor speakers will be allowed on the patio.

PUBLIC HEARING:

The Notice of Public Hearing was published in a newspaper of general circulation and on the City of Sugar Land internet home page. All property owners within 200' of the property were also notified. At the time of writing this report, we have received one inquiry from a neighboring property owner. The owner indicated that he did not see any problem with the outdoor expansion or the extension of the restaurant’s business hours and that these requests would not have a negative impact on his business.

POINTS FOR CONSIDERATION:

· Site appears to be operating well currently and addition of outdoor dining area and extension of operating hours would not appear to have significant impact on the site or surrounding area

· Condition of restriction on outdoor speakers may be included if Commission is concerned about noise outdoors

· Extended hours of operation till 2:00am mirror current provisions within the City of Sugar Land Chapter 3, Article V, Sec. 3-92-

o Allow alcohol to be served till 2:00am. Provision for extended hours was adopted by Council since 2000 CUP

Vicinity Map:

Aerial:

Pictures of the Site:

Front View:

View of Area of Proposed Patio Addition:

View looking Northwest:

View Looking Northeast:

View looking Southeast:

View looking Southwest:

Application:

Letter from Applicant:

Conceptual Site Plan, 2008:

Area of Proposed
Outdoor Patio Addition

US 59 (Southwest Fwy)

Excerpt from Recorded Plat:

LEGAL DESCRIPTION:

RESERVE “A-1” OUT OF ONE SUGAR CREEK PLACE, A REPLAT OF SPORTS CLUB RESERVE “A”, AS RECORDED ON JUNE 6, 2000 IN THE FORT BEND COUNTY PLAT RECORDS FILE NO. 2000046209 IN SLIDE NUMBER 2000B.
Legal Notice:

NOTICE OF PUBLIC HEARING

REQUEST FOR A CONDITIONAL USE PERMIT FOR FERNANDO’S LATIN CUISINE (RESTAURANT) LOCATED AT 14135 SOUTHWEST FWY, AT THE INTERSECTION OF U.S. HIGHWAY 59 (SOUTHWEST FWY) AND ONE SUGAR CREEK PLACE BLVD IN THE BUSINESS OFFICE (B-O) DISTRIC FOR EXPANSION AND MODIFIED HOURS OF OPERATION. THE PROPERTY IS FURTHER DESCRIBED AS RESERVE “A-1” WITHIN PROPERTY PLATTED AS ONE SUGAR CREEK PLACE, A REPLAT OF SPORTS CLUB RESERVE “A”, FBCC PLAT FILE NO. 2000046209 IN SLIDE NUMBER 2000B, , FORT BEND COUTY, TEXAS.

PURPOSE: One (1) public hearing shall be held at which all persons interested in the proposed conditional use permit (CUP) request shall be given an opportunity to be heard.

WHERE: CITY OF SUGAR LAND CITY COUNCIL CHAMBER

CITY HALL

2700 TOWN CENTER BOULEVARD NORTH

SUGAR LAND, TEXAS

WHEN: CITY OF SUGAR LAND

PLANNING AND ZONING COMMISSION MEETING

7:00 P.M., JULY 24, 2008

DETAILS OF THE PROPOSED CONDITIONAL USE PERMIT MAY BE OBTAINED BY CONTACTING THE CITY OF SUGAR LAND PLANNING OFFICE AT (281) 275-2218 OR BY EMAIL AT PLANNING@SUGARLANDTX.GOV. THE PLANNING OFFICE IS OPEN MONDAY THROUGH FRIDAY FROM 8:00 O'CLOCK A.M. TO 5:00 O'CLOCK P.M., AND IS LOCATED AT CITY HALL, 2700 TOWN CENTER BOULEVARD NORTH, SUGAR LAND, TEXAS. PLEASE CONTACT US IF YOU WISH TO SET UP AN APPOINTMENT TO GO OVER ADDITIONAL DETAILS IN PERSON.

File No. 9861

Guaranty Bank