APPLICATION REVIEW Z-21-29

HEARING DATE: April 27, 2021

1. CASE # Z-21-29 Energov # SP-000011-2021 PROPERTY ADDRESS: 1014 N. Valley Mills Drive, Suite B LEGAL DESCRIPTION: Lot A, Block 2, Howardale Addition

2. APPLICANT: Ratunda Rose Carmel, on behalf of Body Investments, LLC MAILING ADDRESS: 1014 N. Valley Mills Drive, Suite B, Waco, TX 76710; 10601 Langham Drive, Waco, TX 76708 OWNER: LL & ML Properties, LLC Attn: Matt Levin 1204 Tamranae Court Austin, TX 78746 3. REQUEST: SPECIAL PERMIT TO ALLOW RETAIL SALES BETWEEN THE HOURS OF 7:00 P.M. TO 10 P.M. IN AN O-3 DISTRICT SUMMARY DESCRIPTION OF USES IN O-3: Intended to permit select business

uses in locations convenient to residential areas, where the character of the business uses are such that they predominately serve local needs . The district is intended to ensure a proper relationship between the business district and residential uses by maintaining compatibility of scale through height and yard requirements. Uses include single family, townhouse and duplex residences, clinics, labs, day care centers, office buildings, personal service shops, restaurants, retail sales from 7:00 a.m. to 7:00 p.m. (excluding vehicles and machinery), studios, financial institutions, etc.

CASE #Z-21-29 PLANNING SERVICES REVIEW

NEIGHBORHOOD CHARACTER: The properties are located along the south side of Valley Mills Drive, east of Lake Air Drive, and within the Richland Hills Neighborhood. There is a commercial strip center on the property that includes a couple of offices, a personal service shop, and a retail business. This is a high traffic commercial corridor. The property abuts a single family neighborhood along the rear. There is a commercial retail property next-door and a restaurant (KFC) located on the same block that do not have time restrictions on them because of their zoning. However, those lots do not abut single family homes. The retail tenant, known as Body Investments Herbal and Holistic Wellness, operates as a Holistic Herbal/ CBD Wellness retailer, with an approved Texas Hemp Registration license to operate a CBD Store. It does not operate as a smoke shop, which is a prohibited use in the O-3 zoning district. Retail sales are allowed with limited hours of operation from 7 a.m. to 7 p.m. The applicant is requesting to extend those hours to allow sales until 10 p.m.

PLANNING SERVICES RECOMMENDATION: Planning Services recommends APPROVAL of the special permit subject to the special provisions and conditions and based on the following findings*: 1. That the proposed use is consistent with the comprehensive plan. 2. That the proposed use is compatible with the appropriate and orderly development of the area in

which it is located. 3. That the proposed use would not be more objectionable to neighboring properties because of

traffic congestion, noise, fumes, vibrations or any other characteristics than any use permitted in the zoning district without the grant of a special exception.

4. That available community facilities and services, including the road system providing access to the proposed use, are adequate for the proposed use.

* These findings are required for the granting of a special permit as per Section 28-122 of the City of Waco Zoning Ordinance. NOTICES: 30 mailed;

CASE #Z-21-29 TRAFFIC OPERATIONS REVIEW 1. Description of the adjacent street system: N Valley Mills Dr Classification: Principal Arterial Number of Lanes: 6 lanes with TWLTL

Estimated Capacity (at LOSD) 60,000 vpd Avg. Daily Traffic 24,000 vpd 2. Estimated increase in traffic on adjacent streets at full build out:

Immediate: N/A Future: N/A 3. Will the development’s impact be of sufficient magnitude to require mitigation for:

a) Access problems: yes/no b) Increased traffic congestion: yes/no c) Pedestrian traffic: yes/no d) Visibility problems: yes/no

4. Traffic Department comments and recommendations: None. (CM) ENGINEERING SERVICES REVIEW 1. Street condition: Good Acceptable Needs Reconstruction 2. Street width: Existing: ROW 130’ Pavement 86’

Required: ROW 108’ Pavement 88’ 3. Curb and Gutter: Needs to be installed Exists X Needs Reconstruction 4. Offsite Drainage facilities are adequate to meet additional runoff resulting from the rezoning. 5. Water is available to the property, and it will likely serve the heaviest uses allowed under the requested

zoning. 6. Sewer is available to the property, and it will likely serve the heaviest uses allowed under the requested

zoning. 7. Engineering Department comments and recommendations: Adjacent drainage system is surface (curb &

gutter); 6” Water serves site; 6” Sanitary Sewer serves site. (CM)

CASE #Z-21-29 INSPECTION SERVICES REVIEW Comments: No comment. (GD) UTILITY SERVICES REVIEW Comments: No comment received. LEGAL SERVICES REVIEW Comments: No comment received. FIRE DEPARTMENT REVIEW: ANTICIPATED FIRE RESPONSE TIME: < 6 min ___ IS THE FIRE RESPONSE TIME ADEQUATE?: Y (Y) YES (N) NO Fire Department Comments and Recommendations: None. (GL)

HEALTH DEPARTMENT REVIEW INSPECTION/PERMIT REQUIRED ____ (Y) YES (N) NO

DATE OF INSPECTION: N/A Health Department Comments and Recommendations: No comment received. POLICE DEPARTMENT REVIEW Comments: No comment received.

CASE #Z-21-29

SPECIAL PROVISIONS AND CONDITIONS FOR SPECIAL PERMIT TO ALLOW RETAIL SALES BETWEEN THE

HOURS OF 7:00 P.M. TO 10:00 P.M. IN AN O-3 DISTRICT

1. The permit here granted is to, Body Investments, LLC, and may not be transferred or assigned.

2. Transfer of ownership or control of Body Investments, LLC, shall not be allowed. If transfer of ownership or control of Body Investments, LLC, occurs, then this permit shall become null and void.

Transfer of ownership or control means any of the following:

(1) The sale, lease, or sublease of the company; (2) The transfer of securities which constitute an influential interest in the company, whether by sale, exchange, or similar means; or (3) The establishment of a trust, gift, or other similar legal device which transfers the ownership or control of the company, except for transfer by bequest or other operation of law upon the death of the person possessing the ownership or control.

Influential interest means any of the following:

(1) The actual power to operate the company, or control the operation, management or policies of the company or of the legal entity which operates the company; (2) Ownership of a financial interest of 30 percent or more of a company or of any class of voting securities of a company; or (3) Holding an office (e.g., president, vice president, secretary, treasurer, managing member, managing director, etc.) in a legal entity which operates the company.

3. At any time if the permittee(s) ceases to use the permit for the purpose for which it has been granted, or if the permittee's license or permit from the appropriate state or federal licensing agency expires or is revoked for any reason, this permit shall become null and void, and the lawful use of the property listed as the location for the permit shall conform to the use for which it is zoned under the City of Waco's Zoning Ordinance.

4. This permit is for the specific location designated herein and shall not be transferred to

another location. 5. This permit may be revoked for failure of the permittee to pay all taxes and/or fees due and

owing the State or any political subdivision of the State, or for a violation of any ordinance of the City of Waco, or for good and sufficient cause, upon notice to the permittee and after a public hearing.

CASE #Z-21-29 6. The permittee shall comply with all building, plumbing, electrical and other related

construction codes of the City of Waco. 7. The structure and the grounds shall be maintained and shall be kept in good repair and

condition. 8. The permit shall be amendable through the normal process of public hearings before the

Plan Commission and City Council. 9. The business shall be operated in accordance with all State and Federal laws and, if a State

Permit is required, such permit shall be obtained prior to beginning operation. 10. All existing or proposed lighting shall be placed in a manner not to shine toward adjacent

residential lots. 11. A dense landscape barrier must be installed along the southern and eastern property lines

shared with the adjacent residential uses. 12. This permit shall be for a period of one (1) year and shall expire on May 18, 2022. At that

expiration of said period, permittee shall make application for renewal of said special permit. If the permit is not renewed, it will be considered abandoned and terminated and the lawful use of the said premises shall conform to the use for which it is zoned under the City of Waco’s Zoning Ordinance.

13. The property shall not be used as a smoke shop.

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Disclaimer: This product is for informational purposes and may not have been prepared for or be suitable for legal, engineering, or surveying purposes. It does not represent an on-the-ground survey and represents only the approximate relative location of property boundaries.

April 2021

Zoning Case Z-21-291014 N. Valley Mills Drive, Suite B

Special permit to extend hoursof operation and allow retail sales

between the hours of 7 p.m. and 10 p.m. Property Location Map

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Disclaimer: This product is for informational purposes and may not have been prepared for or be suitable for legal, engineering, or surveying purposes. It does not represent an on-the-ground survey and represents only the approximate relative location of property boundaries.

April 2021

Zoning Case Z-21-291014 N. Valley Mills Drive, Suite B

Special permit to extend hoursof operation and allow retail sales

between the hours of 7 p.m. and 10 p.m. Property Location Map

and SurroundingZoning Categories

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Zoning Categories

Special Permit request to extend hours of operation for property zoned as O-3 Office Limited Commercial at 1014 N. Valley Mills Drive, Suite B:

We have a tenant at 1014 N. Valley Mills that would like to be open until 10:00 p.m. each night of the week. The tenant is Body Investments Herbal & CBD Wellness.

Description of business provided by Applicant and Tenant of property:

Body Investments Holistic Herbal /CBD Wellness

We are an herbal retailer in Waco, Texas with an approve Texas Hemp Registration license (License 48) to operate a CBD Store and sell THC Products with less than 0.3% and THC Free Products. Hemp or “hemp flower” is a cannabis plant.

In 2019, Texas finally implemented the House Bill 1325 signed by Governor Greg Abbott which legalized the production, distribution, sale, and growth of hemp products in the state of Texas, which includes hemp flower which can be smoked.

We operate and sell the following products that are tobacco and nicotine free, however Hemp Flower can be smoked. We do not sell smoking, papers, bongs lighters, etc. We do not sell anything that is classified by law as tobacco or nicotine which will require different licensing per the Texas State Law.

List of Items:

Hemp Flower (Different Strains all 0.3%THC)

CBD Popcorn (0.3% THC and THC Free)

Gummies (0.3% THC and THC Free)

CBD Tinctures

Pain Rubs

Herbal Teas/Coffee

Various Health Waters (Alkaline and Magnesium)

Please let me know if you have any additional questions.

Kindest Regards,

Rose R. Carmel

3/31/2021