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Home My WebLink About2174-P DATE: July 15, 2013 TO: Planning Commission and City Council FROM: Bill Cobabe, Senior Planner SUBJECT: Consider a request for a specific use permit for an eating and drinking place to be located in an existing unoccupied building in a GC-MD (General Commercial– Multiple-Family Dwelling) District. FILE: 2174 - P ___ STAFF REPORT Planning staff recommends approval. Polo Del Rio, representing Del Rio Properties, LLC, is requesting a specific use permit to allow for the use of an existing structure as an eating and drinking place. The subject property is located at 7150 Eastex Freeway. The proposed use is in an established commercial area and the building is currently unoccupied. The proximity to the freeway, hotels, and other venues make this a suitable place to have such an establishment. Since this is an existing building, access to utilities, parking, etc, should not pose any concern. Exhibits are attached. PUBLIC NOTIFICATION Notices mailed to property owners 7 Responses in Favor Responses in Opposition LEGAL DESCRIPTION FOR ORDINANCE PURPOSES Being Tract 2, Block 1, of the W.E. Johnson plat, City of Beaumont, Jefferson County, Texas, containing 1.089 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 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: Polo Del Rio, of Del Rio Properties PROPERTY OWNER: Same. LOCATION: 7150 Eastex Freeway EXISTING ZONING: GC-MD (General Commercial – Mulitple-Family Dwelling) PROPERTY SIZE: ~1.089 acres EXISTING LAND USES: Commercial FLOOD HAZARD ZONE: X – Area determined to be outside the 500 year flood plain SURROUNDING LAND USES: SURROUNDING ZONING: NORTH: Commercial GC-MD (General Commercial – Multiple-Family Dwelling) EAST: Commercial GC-MD SOUTH: Commercial GC-MD WEST: Commercial GC-MD COMPREHENSIVE PLAN: Regional Center STREETS: Eastex Freeway – Access will be derived from the northbound feeder road of Eastex Freeway DRAINAGE: Curb and gutter/Open Ditch WATER: 8” Water line SANITARY SEWER SERVICE: 8” Sanitary sewer line PROPERTY OWNERS BERTINO INVESTMENTS INC C & H REALTY LLC C & H REALTY LLC DEPARTMENT OF PUBLIC SAFETY EASTEX FOUR LTD EASTEX FOUR LTD THIRY CRAIG