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Home My WebLink About2410-PDATE: March 16, 2020 TO: Planning Commission and City Council FROM: Chris Boone, Director of Planning and Community Development SUBJECT: To consider a request for a Specific Use Permit to allow a liquor store in a GC -MD -2 (General Commercial - Multiple Family Dwelling — 2) District. FILE: 2410-P Annette Byerly has requested a Specific Use Permit to allow a liquor store at 2916 E. Lucas Drive. In 2004, the property owner submitted an application to rezone the north part of this property to GC -MD -2 (General Commercial - Multiple Family Dwelling -2) with a Specific Use Permit to allow a strip mall .with retail stores and restaurants. For this reason, a Specific Use Permit is required for any use other than a simple retail store or restaurant. Consequently, all landscaping, parking and utilities are in compliance and will not require any alteration. Staff recommends approval of the request. 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 25 Responses in Favor Responses in Opposition LEGAL DESCRIPTION FOR ORDINANCE PURPOSES Being the south 342.42' of Lots 1 & 2, Tract 1, Lot 1, Block 2, Lucas Acres, Beaumont, Jefferson County, Texas, containing 1.64 acres, more or less. ANALYSIS CONDITIONS FOR APPROVAL OF SPECIFIC USE PERMIT (SECTION 28-26.E, ZONING ORDINANCE) Conditions: Application Application is in is not in Comments compliance compliance Attached 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 GENERAL INFORMATION/PUBLIC UTILITIES mumoleffy-agm PROPERTY OWNER: LOCATION: . I EXISTING ZONING: PROPERTY SIZE: EXISTINGLAND USES: FLOOD HAZARD ZONE: SURROUNDING LAND USES: NORTH: Residential EAST: Commercial/Residential SOUTH: Residential WEST: Vacant COMPREHENSIVE PLAN: Annette Byerly Le & Duong Enterprise, LLC 2916 E. Lucas Drive GC -MD (General Commercial - Multiple Family Dwelling District)/ GC -MD -2 (General Commercial - Multiple Family Dwelling District -2) —1.64 acres Commercial Strip Mall X — Area determined to be outside the 500 year flood plain. SURROUNDING ZONING: RS (Residential Single Family Dwelling) GC -MD (General Commercial - Multiple Family Dwelling District)/RS RS GC-MD/GC-MD-2 (General Commercial - Multiple Family Dwelling District - 2) - Conservation and Revitalization STREETS, East Lucas Drive - Secondary Arterial with 60' wide right-of-way and 40' pavement width. T -'%T) A TAT A "T. Idylwood Street - Local Street with 60' wide right-of-way and 22' pavement width. Curb and gutter along E. Lucas Drive, and open ditch along Idylwood Street. 6" & 8" Water lines SANITARY SEWER SERVICE: 6" Sanitary sewer line PROPERTY OWNERS NOTIFIED WITHIN 200' ARROYO BERNICE CARBAJAL BRAUN ROSEMARY CARBAJAL BERENICE CARBAJAL GABINO & NOEMI CARDO HOUSING LLC CASTELAN JORGE CONTRERAS ADOLFO DE LEON LORENA GARCIA FELIPE KHERANY NADIR KHIYANI & KHIYANI INC LANE MILDRED LANE WILLIAM C LE & DUONG ENTERPRISES LLC MARION FREDRICK RICHARD JUANITA ROMERO RAMON TORRES & MARIA C SAPON MARIA STANFIELD INVESTMENTS LLC TORRES MAGARITA VALLERY KIZZIE WEALTH STREET CAPITAL LLC SPECIFIC USE PERMIT APPLICATION BEAUMONT, TEXAS (Chapter 30, City Codes) TO: THE PLANNING COMMISSION AND CITY COUNCIL, CITY OF BEAUMONT, TEXAS N i`` APPLICANT'S NAME: 'w1vi f -4A A I APPLICANT'S ADDRESS APPLICANT'S PHONE #: b 9 FAX #: NAME OF OWNER:�L1-r' ADDRESS OF OWNER: S7 � .5 � U 7 /�?!l�°� '" 7 Y/2, LOCATION OF PROPERTY: C-9 tv L -UI C,0I5i �113' 1p— - '17 0' LEGAL DESCRIPTION OF PROPERTY: LOT NO. S -� qZ -qi cF uo6 17"? BLOCK NO. Z ADDITION G".5 NUMBER OF ACRES OR TRACT PLAT SURVEY NUMBER OF ACRES For properties not in a recorded subdivision, submit a copy of a current survey or plat showing the properties proposed for a specific use permit, and a complete legal field note description. PROPOSED USE: Lk UI Lt ZONE:. C-Iflb�ftb-j 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 A REDUCED 8 V211 X 11" 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 pen -nit. PLEASE ADDRESS EACH CONDITION IN DETAIL. ATTACH THE APPROPRIATE APPLICATION FEE: LESS THAN l!2 ACRE.................................................................$250.00 ill ACRE OR MORE AND LESS THAN 5 ACRES...................$450.00 5 ACRES OR MORE...................................................................$650.00 I, being the undersigned applicant, understand that all of the conditions, dimensions, building sizes, landscaping and parking areas depicted on the site plan shall be adhered to as amended and approved by City Council, SIGNATURE OF APPLICANT: C1 �lh � y4�C, L'4 — DATE: ° L l a0a 0 SIGNATURE OF OWNER:_ (IF NOT APPLICANT) DATE: c - 13 - 2-0 PLEASE TYPE OR PRINT AND S4BITMT TO: CITY OF BEAUMONT PLANNING DIVISION 801 MAIN STREET, ROOM 201 FILE NUMBER: 2g4lb{� BEAUMONT, TX 77701 — DATE RECEIVED: 2" t'b— 4040 Phone - (409) 880-3764 Fax - (409) 880-3133 PLEASE MADE NOTE ON REVERSE SIDE OF CONDITIONS TO BE MET REGARDING THE SITE PLAN AND LETTER OF PROPOSED USES AND ACTIVITIES. INCLUDE THE FOLLOWING INFORMATION ON.A SITE PLAN. THE PLAN MUST BE DRAWN TO SCALE. o Boundaries of the area covered by the site plan; o The location of each existing and proposed building and structure in the area covered by the site plan and the number of stories, height, roof line, gross floor area and location of building entrances and exits; o The location of existing and proposed drainage ways and significant natural features; o Proposed required landscaping and screening buffers (Section 30-31); o The location and dimensions of all curb cuts, public and private streets, required parking and loading areas, pedestrian walks, lighting facilities, and outside trash storage facilities (Section 30-27 and Section 30-31); o The location, height and type of each existing or required wall, fence, and all other types of screening (Section 30-31); o The location, height and size of all proposed signs (Section 30-28). SECTION 30-26.E TEE ZONING ORDINANCE REQUIRES THAT TEIESE EIGHT CONDITIONS MUST BE MET BEFORE A SPECIFIC USE PERMIT CAN BE ISSUED: o That the specific use will be compatible with and not injurious to the use and enjoyment of other property, nor significantly diminish or impair property values within the immediate vicinity; o That the establishment of the specific use will not impede the normal and orderly development and improvement of surrounding vacant property; o That adequate utilities, access roads, drainage and other necessary supporting facilities have been or will be provided; o The design, location and arrangement of all driveways and parking spaces provides for the safe and convenient movement ofvehicular and pedestrian traffic without adversely affectingthe general public or adjacent development; o That adequate nuisance prevention measures have been or will be taken to prevent or control offensive odor, fumes, dust, noise and vibration; o That directional lightingwill beprovided so as notto disturb or adversely affect neighboring properties; o That there are sufficient landscaping and screening to insure harmony and compatibility with adjacent property; and 0 That the proposed use is in accordance with the Comprehensive Plan. February, 11th 3020 City nfBeaumont Planning Division 881 Main St., Room 201 Beaumont, TX 77701 To -Whom it may Concern: I em applying for a Specific Use Permit in order to open a Liquor Store at 2916 E Lucas, Beaumont Tx. The store will sell Beer, Wine" Liquor, Cigars, Cigarettes, Soda, Juice and snacks. Z will run the store according to City and State laws. The store hours will be Monday -Saturday from 10am to 9pm. I will employ three people for now. I currently have a one year lease on the property. I mlan to extend and the end of my lease providing the business is lucrative. I request the approval of my Annette Byerly Conditions Section 30-26.E The Zoning Ordiance #l. The specific use of the property will be as a store selling Liquor. There is a Seafood Restaurant, a Donut Shoo* a Laundry Mat, a Fashion Store, a Nail Salon and @ Professional Hair Care store at this location. My business will not interfere or impair the property value of the other establishments. #2. The specific use of the existing property which I will lease, will not impede the normal or orderly development of surrounding vacant property. The building is pre-existing and I have no plans to add on to the property. #3. Z will provide adequate utilities in order to sustain the business. Access roads and drainage is part of the existing property. #4. The property is part of a Strip Mall. There is adequate parking for vehicular and pedestrian traffic throughout the area. MY store traffic should not effect the exiting businesses or adjacent property. #5. There will be no odors, fumes, excessive dust, noise or vibration associated with the business. #6. Directional lighting is present and the only additional lighting I will have to add is the sign above my store front which will advertise the name of the business. There is an existing sigh which I will replace. V. I will not add any additional landscaping. The property hes been landscaped and maintained by the property owner. #8° The proposed use is in accordance with the Comprehensive Plan, strictly a Liquor Store, which I will buy and sell in the store only in accordance to State and Local Guidelines. x jtF''T. YA ,ic 't ter" i . r � `F )cr11 L °A tl ! t r a j� i l! jt- .�. C.�....FISYe-G •'^. fT .'. � , R. � . � �.. . . a .. ... . ,. ' � _ . _ ... S i t si '�P ? }-_: x jtF''T. YA ,ic 't ter" i . r � `F )cr11 L °A tl ! t r x jtF''T. YA ,ic 't ter" i . r � `F )cr11 L °A tl ! t 110-P: Request for a Specific Use Permit to allow a liquor store in a GC -MD -2 (General ommercial - Multiple Family Dwelling — 2) District. pplicant: Annette Byerly ocation: 2916 E Lucas Drive, Suite A 0 100 200 1 1 1 1 Feet