Loading...
HomeMy WebLinkAbout2182-P DATE: August 19, 2013 TO: Planning Commission and City Council FROM: Bill Cobabe, Senior Planner SUBJECT: Consider a request for a specific use permit to allow a sports bar in a GC-MD (General Commercial – Multiple-Family Dwelling) District. FILE: 2182-P ___ STAFF REPORT Planning staff recommends approval. Christopher Segura, on behalf of Allan Levine Trust, is applying for a specific use permit to allow a sports bar in a GC-MD (General Commercial-Multiple-Family Dwelling) th District. The facility will be located in an existing strip center on 11 St. The address of th the property is 39 N. 11 Street. The property is located less than 1000’ feet from two school properties. City of Beaumont ordinance states: Sec. 6.03.003 Proximity of dealer to school, church, day care center or child care facility (a) Except as otherwise provided by the Texas Alcoholic Beverage Code, it shall be unlawful for any person to sell or possess for the purpose of sale any alcoholic beverages where the establishment or place of business of any dealer is: (1) Within three hundred (300) feet of a church or public or private school; (2) Within one thousand (1,000) feet of a public school or a private school if the governing body of the city receives a request from the governing body of the private school or from the board of trustees of the school district under section 38.007, Education Code; or (3) Within 1000 feet of a day care center or child care facility, as those terms are defined by section 42.002 of the Texas Human Resources Code. (b) The measurement of the distance between the place of business where alcoholic beverages are sold and the church, public or private school, day care center, or child care facility shall be determined as described in sections 109.33 and 109.331 of the Texas Alcoholic Beverage Code, as amended. State law (Title 4, Chapter 109, Subchapter A, Section 109.33 “Sales near school, church, or hospital” (c)) requires that the applicant must give written notice of the application to officials of public or private schools within 1000 feet of the nearest property line. The applicant is required to provide a copy of the notice to the State commission with the application. Utilities and drainage in the area are adequate for the proposed use. Existing parking provided on the lot will be sufficient for the proposed sports bar. Exhibits are attached. PUBLIC NOTIFICATION Notices mailed to property owners 19 Responses in Favor Responses in Opposition LEGAL DESCRIPTION FOR ORDINANCE PURPOSES Being PL C6 T63 N, of the Tevis Addition, City of Beaumont, Jefferson County, Texas, containing 1.45 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: Christopher Segura PROPERTY OWNER: Allan Levine Trust th LOCATION: 39 N. 11 St. EXISTING ZONING: GC-MD (General Commercial – Multiple-Family Dwelling) District PROPERTY SIZE: ~1.45 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) District EAST: Commercial GC-MD SOUTH: Commercial GC-MD WEST: Industrial LI (Light Industrial) District COMPREHENSIVE PLAN: Stable Area / Hospital/Office District th STREETS: 11 Street: 80’ right-of-way with 60’ pavement width DRAINAGE: Curb and gutter WATER: 6” Water line SANITARY SEWER SERVICE: 8” Sanitary sewer line PROPERTY OWNERS C & D REALTY CASEY POWERS WATKINS CORBELLO DAVID DINGO REALTY LLC DINGO REALTY LLC DISHMAN JUDY & GEORGE ENTERGY TEXAS INC GRAINGER W W INC GRAINGER W W INC JSJ JOINT VENTURE LEVINE ALLAN L FAMILY TRUST LEVINE ALLAN L FAMILY TRUST LEVINE ALLAN L FAMILY TRUST MATERIALS EVALUATION & MATERIALS EVALUATION & MATERIALS EVALUATION & MATERIALS EVALUATION & MATERIALS EVALUATON & WATKINS W H JR DATE: December 16, 2013 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 sports bar in a GC-MD (General Commercial – Multiple-Family Dwelling) District. FILE: 2182-P ___ STAFF REPORT Planning staff recommends approval with the following condition: 1. Off-street parking should be reconfigured and restriped to meet City of Beaumont requirements. On August 19, 2013, Christopher Segura came before Commission and Council to request a specific use permit to allow a sports bar in GC-MD (General Commercial-Multiple-Family Dwelling) District. During the meeting, Mr. Segura modified his original request to also request operating as a BYOB establishment. Given this modification to his original request, it was decided to withdraw the application at that time. A decision to only be a sports bar was reached, and parking requirements have been clarified. th The facility will be located in an existing strip center on 11 St. The address of the th property is 39 N. 11 Street. The property is located less than 1000’ feet from two school properties. City of Beaumont ordinance states: Sec. 6.03.003 Proximity of dealer to school, church, day care center or child care facility (a) Except as otherwise provided by the Texas Alcoholic Beverage Code, it shall be unlawful for any person to sell or possess for the purpose of sale any alcoholic beverages where the establishment or place of business of any dealer is: (1) Within three hundred (300) feet of a church or public or private school; (2) Within one thousand (1,000) feet of a public school or a private school if the governing body of the city receives a request from the governing body of the private school or from the board of trustees of the school district under section 38.007, Education Code; or (3) Within 1000 feet of a day care center or child care facility, as those terms are defined by section 42.002 of the Texas Human Resources Code. (b) The measurement of the distance between the place of business where alcoholic beverages are sold and the church, public or private school, day care center, or child care facility shall be determined as described in sections 109.33 and 109.331 of the Texas Alcoholic Beverage Code, as amended. State law (Title 4, Chapter 109, Subchapter A, Section 109.33 “Sales near school, church, or hospital” (c)) requires that the applicant must give written notice of the application to officials of public or private schools within 1000 feet of the nearest property line. The applicant is required to provide a copy of the notice to the State commission with the application. Utilities and drainage in the area are adequate for the proposed use. Existing parking provided on the lot will be sufficient for the proposed sports bar. Exhibits are attached. PUBLIC NOTIFICATION Notices mailed to property owners 19 Responses in Favor Responses in Opposition LEGAL DESCRIPTION FOR ORDINANCE PURPOSES Being PL C6 T63 N, of the Tevis Addition, City of Beaumont, Jefferson County, Texas, containing 1.45 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: Christopher Segura PROPERTY OWNER: Allan Levine Trust th LOCATION: 39 N. 11 St. EXISTING ZONING: GC-MD (General Commercial – Multiple-Family Dwelling) District PROPERTY SIZE: ~1.45 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) District EAST: Commercial GC-MD SOUTH: Commercial GC-MD WEST: Industrial LI (Light Industrial) District COMPREHENSIVE PLAN: Stable Area / Hospital/Office District th STREETS: 11 Street: 80’ right-of-way with 60’ pavement width DRAINAGE: Curb and gutter WATER: 6” Water line SANITARY SEWER SERVICE: 8” Sanitary sewer line PROPERTY OWNERS C & D REALTY CASEY POWERS WATKINS CORBELLO DAVID DINGO REALTY LLC DINGO REALTY LLC DISHMAN JUDY & GEORGE ENTERGY TEXAS INC GRAINGER W W INC GRAINGER W W INC JSJ JOINT VENTURE LEVINE ALLAN L FAMILY TRUST LEVINE ALLAN L FAMILY TRUST LEVINE ALLAN L FAMILY TRUST MATERIALS EVALUATION & MATERIALS EVALUATION & MATERIALS EVALUATION & MATERIALS EVALUATION & MATERIALS EVALUATON & WATKINS W H JR