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DATE: March 18, 2013
TO: Planning Commission and City Council
FROM: Stephen C. Richardson, Planning Manager
SUBJECT: Consider a request for a specific use permit to allow a tutorial service in an RM-H
(Residential Multiple Family Dwelling–Highest Density) District.
FILE: 2161 - P
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STAFF REPORT
The Planning Manager recommends approval with the following condition:
1. That the owner provide or modify an existing parking space for ADA compliance.
Janice A. Brassard is requesting a specific use permit to allow tutorial services in an
existing commercial area within an RM-H (Residential Multiple Family Dwelling-Highest
Density) District. The City Council recently voted to allow this kind of use in an RM-H
zoning district with a specific use permit. The address of the property is 1450 Wellington
Circle.
The proposed business, named Miz B’s Tutorials, is designed to help students of K-12 ages
in various subjects and with standardized test preparation. Miz B’s also provides
supervision of home schooled children. The home school supervision will take place
Monday through Thursday from 9 a.m. to noon, while the tutoring sessions will be from 4
p.m. to 9 p.m., Monday through Thursday.
Impact on the adjacent properties is anticipated to be light, and is in keeping with the nature
of the existing uses already in the area. There are seven parking spaces located on the
property to accommodate employees. The students’ parents typically drop off their
children at the facility. New landscaping is being planned to replace the old landscaping
that is causing damage to the existing structure and paved areas.
Exhibits are attached.
PUBLIC NOTIFICATION
Notices mailed to property owners 19
Responses in Favor Responses in Opposition
LEGAL DESCRIPTION FOR ORDINANCE PURPOSES
Being Lot 2, Dowlen Plaza, City of Beaumont, Jefferson County, Texas, containing 0.235
acres, more or less.
ANALYSIS
CONDITIONS FOR APPROVAL OF SPECIFIC USE PERMIT
(SECTION 30-26.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 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
ANALYSIS continued
Comments on Condition 4 follow:
4. The owner shall provide or modify an existing parking space for ADA compliance.
GENERAL INFORMATION/PUBLIC UTILITIES
APPLICANT: Janice A. Brassard
PROPERTY OWNER: Same
LOCATION: 1450 Wellington Circe
EXISTING ZONING: RM-H (Residential Multiple Family Dwelling –
Highest Density)
PROPERTY SIZE: 0.235 acre, 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: Commercial RM-H (Residential Multiple Family
Dwelling-Highest Density) District
EAST: Commercial R-S (Residential Single Family Dwelling)
District
SOUTH: Vacant/Residential RM-H
WEST: Commercial RM-H
COMPREHENSIVE PLAN: Neighborhood Growth Unit
STREETS: Wellington Circle – Private local street with 25’
pavement width ; Dowlen Road – Major
Collector with 100’ wide right of way with
variable divided pavement width.
DRAINAGE: Curb and gutter
WATER: 2” Water line
SANITARY SEWER SERVICE: 6” Sanitary sewer line
PROPERTY OWNERS
1425 WELLINGTON PARTNERSHIP
BALFANZ JAMES A & HELEN C
BEAUMONT SAVANAH SQUARE LLC
BLANCHARD BETTY A
BRASSARD G M
BRENTWOOD INVESTMENT DEV CO
CARPENTER EDWARD W & PAIGE H
DE LA FUENTE REYMUNDO JR &
HEBERT TARYN L
KRENNERICH LEROY FLOYD ET UX
MCCONATHY JALMAR R ET UX
MCCORD MICHAEL D & BETTIE
MEEK ROGER ET UX
MOYERS JOHN MICHAEL
OFFERMAN GARRY A
SCHMIDT JOHN
SETMA WEST END MEDICAL PLAZA
WARE E MACON
WORTHAM BOB & KAREN S