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Home My WebLink About2164-P 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 drinking place in a GC-MD (General Commercial – Multiple Family Dwelling) District. FILE: 2164 - P ___ STAFF REPORT The Planning Manager recommends approval with the following condition: 1. Access to parking areas must comply with Transportation Department requirements as outlined below: 1) Front parking spaces may only be utilized for ADA parking. 2) For Transportation to accept the use of parking from neighboring businesses, the applicant must either A) demonstrate that both businesses will not be operating while the applicant is operating, or B) demonstrate that both businesses have sufficient parking for their operations and extra parking sufficient for the applicant’s operations. 3) If Item 2 cannot be met, the applicant must submit plans for a new parking lot located on site or within 400’ that meets the requirements for parking group #26 in the City’s Code of Ordinances. 4) If adjacent parking facilities are utilized, the developer must provide pedestrian facilities that prove safe access to the property. Tasha Marshall and James Chevis are requesting a specific use permit to allow a drinking place in a GC-MD (General Commercial-Multiple Family Dwelling) District. The subject property is located at 2898 Fannett Rd. The applicants wish to operate a night club for the sale and consumption of beer and wine. The applicants propose to use an existing commercial building as a club where adults can gather and play music and indoor games like pool and dominoes. The business will employ two people initially. The applicants have noted that they will not affect the neighborhood in any adverse way. Parking will be accommodated on existing lots adjacent to and across the street from the building. The applicants have supplied written permission from the owner of the parking lots indicating that the use of his parking lots is acceptable. Exhibits are attached. PUBLIC NOTIFICATION Notices mailed to property owners 45 Responses in Favor Responses in Opposition LEGAL DESCRIPTION FOR ORDINANCE PURPOSES Being Lots 14-19, Block 6, and Lots 5-8, Block 5, and the alley in Block 6, Booker Heights Addition, City of Beaumont, Jefferson County, Texas, containing 1 acre, 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. Access to parking areas must comply with Traffic Division requirements as follows: 1. Front parking spaces may only be utilized for ADA parking. 2. For Transportation to accept the use of parking from neighboring businesses, the applicant must either A) demonstrate that both businesses will not be operating while the applicant is operating, or B) demonstrate that both businesses have sufficient parking for their operations and extra parking sufficient for the applicant’s operations. 3. If Item 2 cannot be met, the applicant must submit plans for a new parking lot located on site or within 400’ that meets the requirements for parking group #26 in the City’s Code of Ordinances. 4. If adjacent parking facilities are utilized, the developer must provide pedestrian facilities that prove safe access to the property. GENERAL INFORMATION/PUBLIC UTILITIES APPLICANT: Tasha Marshall and James C. Chevis PROPERTY OWNER: Walter Kyles, Jr. LOCATION: 2878 Fannett Road EXISTING ZONING: GC-MD (General Commercial–Multiple Family Dwelling) PROPERTY SIZE: ~1 acre, more or less EXISTING LAND USES: Commercial FLOOD HAZARD ZONE: X SURROUNDING LAND USES: SURROUNDING ZONING: NORTH: Commercial GC-MD (General Commercial-Multiple Family Dwelling) District EAST: Commercial GC-MD SOUTH:Vacant, Residential GC-MD, RM-H (Residential Multiple Family Dwelling – Highest Density) Density WEST: Commercial GC-MD COMPREHENSIVE PLAN: Conservation and Revitalization STREETS: Fannett Road – Secondary Arterial with a 60’ wide right of way and unknown pavement width; Fourth Street – Major Collector with a 60’ wide right of way and a 52’ pavement width DRAINAGE: Curb and gutter WATER: 8” Water line SANITARY SEWER SERVICE: 6” Sanitary sewer line PROPERTY OWNERS 4 G'S ECT INC BALKA LAWRENCE BOXIE LEOLA CENTERPOINT ENERGY ENTEX COLEMAN W B JR COMEAUX CARLTON C CURRAN TERENCE M & NANCY B GREENE AGNES D REVOCABLE GUIDRY ORA MAE ESTATE HARMON ROBERT A ET UX HARMON ROBERT A SR & HEBERT RUDOLPH HOLLAND C B III HOLY GHOST TEMPLE HOLY GHOST TEMPLE HOLY GHOST TEMPLE REVIVALS JACK VIRGIE RUFFIN JONES JOE KYLES WALTER JR KYLES WALTER JR KYLES WALTER JR ET UX KYLES WALTER JR ET UX KYLES WALTER JR ET UX LEVIAS JERRY LEVIAS JERRY LEWIS ELNORA F LOMAX ROBERT LOMAX ROBERT ET UX MILES ALLEN OSCAR INVESTMENT INC PATILLO ROBERT L PATILLO ROBERT L PATILLO ROBERT L PATILLO ROBERT L TROUNG PHAT K & LIEN THI LE TROUNG PHAT K & LIEN THI LE TRUONG KIM PHAT ET UX TRUONG PHAT K & LIEN THI LE TRUONG PHAT K & LIEN THI LE WASHINGTON GEORGE SR WASHINGTON TERRENCE WHEELER ELIZABETH WYBLE MILTON