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Home My WebLink About2227-P DATE: June 15, 2015 TO: Planning Commission and City Council FROM: Chris Boone, Director of Planning and Community Development SUBJECT: Consider a request for a specific use permit to allow a retail, used clothing and merchandise store in an RCR (Residential Conservation Revitalization) District. FILE: 2227-P ___ STAFF REPORT The Planning staff recommends approval subject to the following conditions: 1. Provide nine (9) parking spaces including one (1) disabled parking space. 2. Provide a six (6) foot wide landscape strip along the Irma St. frontage of the parking lot. In May, 2015, City council approved a Specific Use Permit at 1795 Park for a used clothing and merchandise store. Following this approval, staff received a written protest from a neighbor, claiming that she was not provided proper notification of the Joint Public Hearing on April 20, 2015. For public hearing notification, the ordinance requires that in addition to publication in a newspaper, written notice is to be given "...to all such owners who have rendered their said property for city taxes as the ownership appears on the last approved city tax roll." June 9, 2015, City Council voted to repeal ordinance 15-010, and rehear the case. In conjunction with the protest, some of the neighbors requested that the following conditions be imposed on the approval: 1. Off street parking for the business and the 4 apartments. This house was converted to 4 apartments years ago - and is still leased as such - 2 up front and 2 in the back. 2. Fire sprinkler system installed inside. 3. The entrance to face Irma Street. 4. A suitable historical colored paint. 5. Proper signage instead of it hand painted on the walls. 6. No parking signs up front on Park Street to prevent the already people parking on the street to go in and shop. 7. Proper landscaping around the parking lot area. The applicant has applied for a specific use permit to allow a retail clothing store in an RCR (Residential Conservation and Revitalization) District. The property is located at 1795 Park. The property received a Specific Use Permit (File 2032-P), in April of 2010 for a retail clothing store, however, the property was not used as a retail clothing store for at least one complete year and therefore must reapply. The previous owner stated that the property had been used as a resale shop by his father since 1934. The clothing store will be in an existing 1,120 sq. ft. building. The applicant is requesting a waiver to the landscape buffer and screening requirements along the North and East property lines. This property is designated in the Comprehensive Plan as a Conservation/Revitalization Area, which is described as “…experiencing influences such as…dilapidated and derelict structures…a decline in population and in the number of housing units and businesses..\[and that\] …immediate actions are needed to prevent continued deterioration and to reverse and repair those conditions”. Although some investments and improvements have been made in this area, This Comprehensive Plan category continues to be valid given the numerous vacant properties in this area as well as the trend of property values which showed either modest increase in values or flat or declining values in the past ten years. As an action to attempt to revitalize this area, this property is zoned as RCR-Residential Conservation Revitalization zoning, which calls for a “mixture of residential and commercial uses…that will stimulate the normal, orderly development and improvement of the area…”. It should also be noted that the structure in question has historically been a commercial structure and would be very difficult to utilize as a residential structure. 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 19 Responses in Favor Responses in Opposition LEGAL DESCRIPTION FOR ORDINANCE PURPOSES Being the west 1/2 of Lot 8, all of Lots 9 & 10, Block 5, Jersey Farm Addition, Beaumont, Jefferson County, Texas, containing 0.413 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 X adjacent developments; 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 X property; and, 8. That the proposed use is in accordance with the Comprehensive Plan. X GENERAL INFORMATION/PUBLIC UTILITIES APPLICANT: Mark Whiteley & Associates, Inc. PROPERTY OWNER: Miller Shield LOCATION: 1795 Park Street EXISTING ZONING: RCR (Residential Conservation Revitalization) District PROPERTY SIZE: ~0.413 acres EXISTING LAND USES: Commercial / Residential FLOOD HAZARD ZONE: X – Area determined to be outside the 500 year flood plain SURROUNDING LAND USES: SURROUNDING ZONING: NORTH: Commercial RCR (Residential Conservation Revitalization) District EAST: Residential RCR SOUTH: Vacant RCR WEST: Residential RCR COMPREHENSIVE PLAN: Conservation and Revitalization STREETS: Park Street: Major Arterial with 60’ right-of-way and 40’ pavement width. Irma Street: Local Street with 60’ right-of-way and 25’ pavement width. DRAINAGE: Curb and gutter WATER: 8” Water line SANITARY SEWER SERVICE: 10” Sanitary Sewer line PROPERTY OWNERS BEAUMONT HOUSING AUTHORITY CARTER DALE CITY OF BEAUMONT COCKERILL TOM & DAWN COMO YVONNE F FOLLOWERS OF CHRIST GARSEE LINMARIE GREATER NEW NATION CHRUCH OF JESUS CHRIST FROM GOD INC JOHNSON SELENA P SHIELD MILLER J & VANESSA G SOUTHEAST TEXAS COMMUNITY STATEWIDE CONSOLIDATED V F W SPINDLETOP POST 180 YOUNG TERRENCE F & AMANDA