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HomeMy WebLinkAbout2397-PDATE: January 27, 2020 TO: Planning Commission and City Council FROM: Chris Boone, Director of Planning and Community Development SUBJECT: Consider a request for an amended Specific Use Permit to allow the expansion of a bar in a GC -MD (General Commercial -Multiple Family Dwelling) District. FILE: 2397—P STAFF REPORT L.W. Beaumont, LLC received a Specific Use Permit to allow a sports bar at 6210 Phelan Boulevard in October 2018. The plans called for the use of the interior space as well as a covered area. An application for a building permit was submitted for the restaurant/bar which included a 4,024 square foot interior area and a 2,912 square foot covered patio area, with no exterior seating shown. The registered design professional, H.M. McLeod, estimated the occupancy at 395 which was within the 428 max occupant allowance according to the 2015 International Building Code. Following interior demolition of the space, permit #18-3843 was approved for the restaurant/bar. During a final inspection, unapproved changes/alterations were found that were not shown on the original, permitted plan set. The major change from the original approved plan submission was the expansion and improvements to the grassy area outside of the covered patio area. A fence was extended to allow for additional customer seating and customer activities. This additional customer area required additional means of egress within the fenced in area. This required multiple conversations with the design professional as the owner was concerned about controlled access to his business versus the required emergency egress to meet code. Multiple plan revisions were submitted for consideration. Three. occupant loads were specified by the applicant's design professional for the temporary occupancy of the building. The interior building was calculated at 200 people, the outside covered patio was calculated at 209 people, and the uncovered grass area was calculated at 381 people. Also, during the plan revision process further discussions revealed that Little Woodrow's was operating as more of a bar which served food, rather than a bar/restaurant. This reclassification of use would require Little Woodrow's to add additional plumbing fixtures to the facility. An application for a new building permit was submitted by Classic Construction to add ten additional bathroom fixtures and four additional lavatories to meet a new proposed occupancy count of 700. The permit was placed on hold for consideration by the Planning Commission and City Council. Little Woodrow's is located at the southeast most tip of the Colonnade Shopping Center. As a requirement for the original Specific Use Permit, screening and a masonry wall were installed. The new addition will be approximately 1,500 square feet and include new cooler/storage space and additional restrooms to accommodate the additional occupancy and seating area. This addition will be located along the east side of the building providing an additional buffer from noise for the adjacent residential neighborhood. With regard to parking, it should be noted that concerns have been raised by other tenants about the availability of adequate parking. It should also be noted that the calculation of occupancies is set forth in the Building, Fire and Plumbing Codes, whereas the calculation of required off-street parking is set forth in the Zoning Ordinance, reviewed by the Engineering Department. A parking analysis was conducted as part of this revised Specific Use Permit. It found that while demand for the parking spaces at the interior of the shopping center is high, the minimum of spaces has been provided at the shopping center, albeit some spaces are located farther afield at the perimeter of the shopping center. At a Joint Public Hearing held on October 21, 2019, the Planning Commission recommended 5:0 to approve the request for a Specific Use Permit to allow the expansion of a bar in a GC -MD (General Commercial -Multiple Family Dwelling) District with the following conditions: 1. Install an eight foot (8') tall opaque perimeter fence. 2. Keep litter indirect area of subject property contained. 3. No live music allowed. The Zoning Ordinance states, "The City Council shall not amend, supplement, change, modify or repeal any regulation, restriction or boundary or approve a Specific Use Permit where a protest against such change (has been filed), signed by the owners of twenty percent (20%) or more either of the area of the lots included in such proposed change or of the lots or land immediately adjoining the same and extending two hundred (200) feet therefrom, except by the favorable vote of three-fourths (314) of all the members of the City Council. " Protest against this request was received from more than 25% of the land immediately adjoining the subject property. Therefore a vote of three-fourths (3/4) of the City Council shall be required to approve the requested Specific Use Permit. In an effort to mitigate the impact of the business on surrounding land uses, the applicant has offered to limit the number of occupants to four hundred (400) and, working with the owner of the center, provide additional parking spaces, dedicated for the adjacent tenant. At the December 10, 2019 City Council Meeting, it was noted that the site plan did not accurately reflect the current parking layout. Council voted to request a revised site/parking plan and send the item back to the Planning Commission for additional review. Engineering has reviewed the revised parking plan and found that the minimum number of required parking spaces for the shopping center is four hundred and five (405) and with some minor modifications to the proposed parking layout it appears that this minimum parking numbers can be provided. The Engineering Division will need to review and approve the final parking layout. Staff recommends approval of the request with the following conditions: 1. Install an eight foot (8') tall opaque fence along the east property line of the shopping center. 2. Keep litter indirect area of subject property contained. 3. No live music allowed. 4. Occupancy be limited to 400 persons 5. Provision of a minimum of four hundred and five (405) parking spaces at this shopping center, with final design to be approved by the Engineering Division. 6. Provide a minimum of twenty (20) parking spaces dedicated, through signage, to the adjacent tenant. Please note that final occupancy approval is subject to review and acceptance of submitted plans and field inspections to verify compliance with applicable codes. Exhibits are attached. PUBLIC NOTIFICATION Notices mailed to property owners 13 Responses in Favor Responses in Opposition LEGAL DESCRIPTION FOR ORDINANCE PURPOSES Being Lot 46, Tract 6, Block J, T.H. Langham Estates, Beaumont, Jefferson County, Texas, containing 0.736 acres, more or less. ANALYSIS CONDITIONS FOR APPROVAL OF SPECIFIC USE PERMIT (SECTION 28-26.E, ZONING ORDINANCE) GENERAL INFORMATION/PUBLIC UTILITIES Application Application is in is not in Comments compliance compliance Attached Conditions: 1. That the specific use will be compatible with and not injurious to the use and enjoyment of other property, or significantly diminish or impair property values within the immediate vicinity; X 2. That the establishment of the specific use will not impede the normal and orderly development and improvement of surrounding vacant property; X 3. That adequate utilities, access roads, drainage and other necessary supporting facilities have been or will be provided; X 4. The design, location and arrangement of all driveways and parking spaces provides for the safe and convenient movement of vehicular and pedestrian traffic without adversely affecting the general public or adjacent developments; X 5. That adequate nuisance prevention measures have been or will be taken to prevent or control offensive odor, fumes, dust, noise and vibration; X 6. That directional lighting will be provided so as not to disturb or adversely affect neighboring properties; X 7. That there are sufficient landscaping and screening to insure harmony and compatibility with adjacent property; and, X 8. That the proposed use is in accordance with the Comprehensive Plan. X APPLICANT: L.W. Beaumont, L.L.C., PROPERTY OWNER: LOCATION: EXISTING ZONING: PROPERTY SIZE: EXISTING LAND USES: SURROUNDING LAND USES: NORTH: Commercial EAST: Residential SOUTH: Commercial WEST: Commercial COMPREHENSIVE PLAN: STREETS: DRAINAGE: WATER: SANITARY SEWER SERVICE: Davis Colonnade, Ltd. 6210 Phelan Boulevard GC -MD (General Commercial -Multiple Family Dwelling) 0.783 acres, more or less Commercial X — Area determined to be outside the 500 year floodplain. SURROUNDING ZONING: GC -MD (General Commercial -Multiple Family Dwelling) R -S (Residential Single Family Dwelling) RM -H (Residential Multiple Family -Highest' Density) GC -MD Community Center Phelan Boulevard - Major Arterial with a 110' right-of-way and 24' pavement width of westbound lanes. Curb and Gutter 6" water line 8" Sanitary sewer line PROPERTY OWNERS NOTIFIED WITHIN 200 FEET ALI MOHAMMED A ALI MOHAMMED A & MUNNAVER BLEWETT SALLY (LIFE ESTATE) BLUE CROW PROPERTIES LTD DAVIS COLONNADE LTD DAVIS JULIE ANNE HAWTHORNE ROGER ALTON RHODES JAMES & TERESA GORE RHODES JAMES RAY ALI MOHAMMED A s + -F 90LLL saxal 'luownL-ag 'PAIS u'elayd 0 LZ9 luown-ea8 snnoapooAA a 5E919D « c � o M N N tZOGG WH � N d ISX4,34Ict, 1S NVAN3Y1 IEtb F o a � �mr z C F a- o o 0 Q� Z = #Q<ui,sz� r ifid I 0-0 m 5E919D tZOGG WH � b ISX4,34Ict, 1S NVAN3Y1 IEtb F #Q<ui,sz� r ifid I 3Ltf11J311 FF�2f�[ ,� ::.�ff:9�ffff ffifi �ifiD� �4fffi 5E919D tZOGG WH � b ISX4,34Ict, 1S NVAN3Y1 IEtb 3Ltf11J311 FF�2f�[ ,� s s m (!7 {{r�.�i E C g 3 $ + dN'tM-0WAFt�vrece euo4bM�WRm04AT.two+WAlnlLmM14P'�LLettrdl94��trOtllS goaL xj,',m4ownvRu aAiff.wiaHaoaq SAAAOH(IOOM T11111 Trill Rj HOAN0110f)XISNOD dV 00 000 001. -�h ff"T fb oil 0.1t] U U L 000 x 11M, r �Z` � uj f=� U)� SPECIFIC USE PEUMT "PLICATION BEAUMONT, TEXAS (Chaptrr 30, City Codes) TO, 11-M PLANNING COMMISSION AND CITY COUNCIL, CITY OF BEAUMONT, TEXAS APPLICANT'S APPLICANT'S ADDRESS: ZZZ) a APPLICANT'S PHONF, -71{AX 13 -7 24[Vi"7 NAME OF OWNER: 19k," ADDRESS OF OWNER Tt" '7370 4t LOCATION OF PROPERTY: 2 t v7lrt j -7 LEGAL DESCRIPTION OF PROPERTY: LOT NO; LL4 L OR TRACT -rW- -7 BLOCK N0. - PLAT AbbITION SURVEY NUMBER OF ACRES NUMBER OF ACRES r1or properties not in a recorded subdivision, submit a copy of a current survey or plat showing the properties proposed for a specific we permit, and a complete legal field note description. of it -0 f PROPOSED USE: �- f, 00 d 4-o e4dl ZONE: ATTACH A LETTER describing all processes and activities involved with the proposed uses, ATTACH A SITE PLAN drawn to scale with the information listed on the top back side of this sheet. ATTACH AREDUCED 8 Vz" X I I It PHOTOCOPY OF THE SITE, PLAN. THE EIGHT CONDITIONS listed on the back side of this sheet must be met before City Council can grant a specific use permit. ]LEASE ADDRESS EACH CONDITION IN D�TAlt. I ATTACH TEE APPROPRIATE APPLICATION FEE: LESS THAN % ACRE ................................. ...... ................... $250.00 • Y2 ACRE ORMORR AND LE SS THAN 5 ACRES ...................$450.00 5 ACRES OR MORE .................................................................... $650.00 Ij b6ing1heim 01, -19n -o 4FH 0 Oitundel arU.asdej)iclW on the site Oldii shall be a SIGNATURE OF APM.ICANT.- , /4 SIGNATURE OF that allpfffiq conditions, dimensions, building sizes, landscaping and parking d`tomamend>~d qnd'.-Approvqd by cjty`C-Q.4nci j.. ?-Z 120/9 NOT APPLICANT) DATE: PLEASE TYPE OR PRINT AND SUBMIT TO; CM OF BEAUMONT PLANNING DIVISION 8011VIAIN STREET'ROOM 201 BEAUMONT, TX �7701 FILE NUMBER: DATE RECEIVEA"2n— Iq Phone - (409) 880-3764 Fax - (409) 880-3133 4* PLEASE MAKE NOTE ON REVERSE SIDE OF CONDITIONS TO BE MET REGARDING THE SITE PLAN AND LETTER OF PROPOSED USES AND ACTIVITIES. M 0 40. tzo .s 4 C� N T to 0 Stl SO 0 CL tA ti tr In 0 'a Co C 8 w 95 It: tB V, CIO, l0o-- E -V 4 u 2 0 m 4w to co E Vac E to u 41 > o o T September 4, 2019 To: The Planning Commission and City Council, City ofBeaumont, Texas From: Robert Wilson, President LVVBeaumont, LLC RE: Response to eight conditions required to be met before a Specific Use Permit can be issued In Response to Section 30-26. E the Zoning Ordinance requiring these eight conditions must be met before a Specific Use Permit can be issued please find below our answers for applicant LW Beaumont, LLC dbaLittle VVnndn»w/c 1. That the specific use will becompatible and not injurious tothe use and enjoyment ofother property, nor significantly diminish or impair property values within the immediate vicinity: Little Woodrow's is located in the Colonnade an established shopping center with other bar uses thus will becompatible tothe Colonnade, 2. That the establishment of the specific use will not impede the normal and orderly development and improvement ofsurrounding vacant property: Little Woodrow's is located in the Colonnade Shopping Center and such will not impedethe normal and orderly development and improvement of surrounding vacant property. 3. That adequate utilities, access roads, drainage and other necessary supporting facilities have been orwill beprovided: Little Wondrow's is located in the Colonnade Shopping Center with all utilities, access roads drainage and other supporting facilitates provided. 4. The design, looa1ionandammnQementofaUdrivovvaysandpadkingspacesprovidesforthesafe and convenient movement of vehicular and pedestrian traffic without adversely affecting the general public uradjacent development: Little Woodrow's is located on the easterly endcap of the Colonnade Shopping Center that providesfor safe and convenient movement of vehicular and pedestrian traffic without adversely affecting the general public oradjacent development, 5. That adequate nuisance prevention measures have been or will betaken to prevent or control offensive odor, fumes, dust, noise and vibration: Little Wondrow"s takes adequate measures to prevent or control offensive u�r-'s, fumes, dust, no/seandvibnotion; 6. That directional lighting will beprovided soasnot todisturb oradversely affect neighboring properties: Little Woodrow"s has insured that it will install directional lighting in such a manner cis to not 7. That there are sufficient landscaping and screening to insure harmony and compatibility with adjacent property: The Colonnade perimeter fencing is 8' high as well as Little Woodrow's has screened a minimum of 6' high around any perimeter patio area and professionally landscape, as such there will be sufficient landscaping and screening to insure harmony and compatibility with adjacent property; 8. That the proposed use is in accordance with the Comprehensive Plan: Little Woodrow's is an appropriate use for its planned location at 6210 Phelan Blvd., additionally it contributes to community by providing a safe and pleasant environment for the community to congregate, Little Woodrow's LLC, 3711 Briarpark, Ste. Soo, Houston, TX 77042 © ��io 'ICii l�•1'!. '� `�'I�I �si[�i oTrl(�i�sl iill /ooicFlall © ©II�#�1 nrTiT�7� / • / • 111) '�� o«a, 00 •Ili ® `� A L • .��j����► ,;��� : .�-� I IIIIIIII �--�- Mu �w� �••sem . 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