Title
Use Permit Application by Sherquita Tucker to Permit a Restaurant 3 to Include Live Entertainment and Outdoor Dining at 1144 Big Bethel Road [portion of LRSN: 4002763]
Purpose
Background Statement:
Use Permit Application No. 24-0454 is a request for a Use Permit for a restaurant 3 to exceed the general hours of operation permitted under a Zoning Administrator Permit (ZAP) and to include live entertainment and outdoor dining. The subject property is located at 1144 Big Bethel Road [portion of LRSN: 4002763], a leased space within the Hampton Woods Plaza Shopping Center. The property is currently zoned Neighborhood Commercial (C-1) District, which permits the desired use subject to an approved Use Permit. Per the existing conditions of UP No. 21-00010, the Use Permit would expire upon a change of ownership, a change in possession, a change in the operation or management of a facility, or the passage of three (3) months without an active retail alcoholic beverage control license. Earlier this year, the previous restaurant ceased and changed ownership; and thus, UP 21-00010 expired. This is the first Use Permit to expire under this condition due to a change in ownership.
If this Use Permit is granted, staff recommends thirteen (13) conditions based upon the proposed use’s operational and land use characteristics. Recommended conditions address issuance of permit, location of live entertainment, hours of operation, capacity, security, window transparency, dancing, sound, third party promoters, ABC license and expiration, and compliance with applicable laws. The conditioned evening hours of operation are less restrictive than what is proposed by the applicant. Given the location and other surrounding uses, the recommended hours proposed by staff are appropriate. The recommended conditions are consistent with other restaurants with live entertainment and outdoor dining Use Permits recently granted.
The Hampton Community Plan (2006, as amended) recommends commercial use for the subject property.
Recommendations:
Rec
Staff Recommendation:
Approve with thirteen (13) conditions