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HomeMy WebLinkAbout2106-P DATE: June 18, 2018 TO: Planning Commission and City Council FROM: Chris Boone, Director of Planning and Community Development SUBJECT: Consider a request to revoke a Specific Use Permit to allow a tire repair and sales establishment in a NC (Neighborhood Commercial) District. FILE: 2106-P ___ STAFF REPORT In September of 2011, City Council approved a Specific Use Permit to allow a tire repair and sales establishment at 2795 Eastex Freeway, subject to the following conditions: 1. All inventory display tire repair and installation shall be done within the confines of the existing building. 2. No motor vehicle sales shall be permitted. 3. Elimination of the eastern-most drive on Delaware, replacing it with a landscaped island and four (4) crepe myrtles trees. For many years, the property was the location of a service station. That business closed in the late 1990's. In June, 2005, City Council approved a Specific Use Permit to allow an auto repair shop and car wash on the subject property. That business was no longer in existence when Mr. Sipaque made application to use the property for the sale and repair of used tires. Complaints were received that Mr. Sipaque was using the property to sell and repair used vehicles. Inspection of the property revealed that not only were vehicles being displayed for sale on Mr. Sipaque's property, but vehicles had been placed on adjacent properties as well. Motor vehicle sales (new or used) and repair are not permitted in the Neighborhood Commercial District. In addition, landscaping, as required in the conditions, has not been maintained on the property. In May, the Planning Commission voted to table this item to allow Mr. Sipaque's Amended Specific Use Permit to be presented at a future meeting. Should this application be denied, staff recommends revoking the Specific Use Permit for a tire repair and sales establishment. Violations have continued in spite of several warnings by mail, telephone and in person. Exhibits are attached. LEGAL DESCRIPTION FOR ORDINANCE PURPOSES Being Lots 1 and 2, Block 1, Northwood Addition, City of Beaumont, Jefferson County, Texas, containing 0.18 acres, more or less. GENERAL INFORMATION/PUBLIC UTILITIES APPLICANT: Antonio Sipaque PROPERTY OWNER: Antonio Sipaque LOCATION: 2795 Eastex Freeway EXISTING ZONING: NC (Neighborhood Commercial) District PROPERTY SIZE: 0.18 acres, more or less EXISTING LAND USES: Commercial FLOOD HAZARD ZONE: “X” - Areas determined to be outside 500-year floodplain SURROUNDING LAND USES: SURROUNDING ZONING: NORTH: Vacant NC (Neighborhood Commercial) District EAST: Eastex Freeway NC SOUTH: Commercial NC WEST: Vacant RM-H (Residential Multiple Family Dwelling-Highest Density) District COMPREHENSIVE PLAN: Freeway Activity Corridor STREETS: Eastex Freeway - Freeway with varying right-of-way widths and 4 lanes divided; Delaware Avenue - Major arterial with a 60' wide right-of-way and a 48' pavement width DRAINAGE: Curb and gutter WATER: 12" water lines SANITARY SEWER SERVICE: 8" and 10" sanitary sewer lines