HomeMy WebLinkAbout2349-P
DATE: June 18, 2018
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 a tire repair and
tire sales establishment and auto repair in a NC (Neighborhood Commercial)
District.
FILE: 2349-P
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STAFF REPORT
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 being repaired
and displayed for sale on Mr. Sipaque's property, but vehicles had been placed on adjacent
properties as well. Motor vehicle sales (new or used) is not permitted in the Neighborhood
Commercial District. In addition, landscaping, as required in the conditions, has not been
maintained on the property. Staff recommended revoking the Specific Use Permit to allow a tire
repair and sales establishment, as violations continued. During this process, Mr. Sipaque
submitted a request for an Amended Specific Use Permit to allow a tire repair and sales
establishment and auto repair at 2795 Eastex Freeway. At the May Planning Commission
meeting, revoking of the Specific Use Permits was tabled for this application to be considered.
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 and 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.
New trees have been recently planted, vehicles have been removed from the property, and the facility
was cleaned up and painted.
Staff recommends approval of the amendment with addition of the following conditions:
4. No more than 6 vehicles be stored at the property in addition to what is in the 3 bays.
5. Provide a standard van accessible access isle along with one ADA compliant parking spot.
Exhibits are attached.
PUBLIC NOTIFICATION
Notices mailed to property owners 10
Responses in Favor Responses in Opposition
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.
ANALYSIS
CONDITIONS FOR APPROVAL OF SPECIFIC USE PERMIT
(SECTION 28-26.E, ZONING ORDINANCE)
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
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 line
SANITARY SEWER
SERVICE: 8" and 10" sanitary sewer lines
PROPERTY OWNERS NOTIFIED WITHIN 200 FEET
AWESOME PARTNERS LLC
BEAUMONT INDEPENDENT SCHOOL
BEAUMONT ISD
BRICKLEY MARY C
CALIBER PROPERTIES INC
CHILDS ELIZABETH M ESTATE
CRABBE LEE KING
SERF GILBERT JR & NAOMI
SIPAQUE ANTONIO
SYMONS JONATHAN T & KATHERINE E