HomeMy WebLinkAbout2131-P
DATE: April 16, 2012
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 the CBD (Central Business District)
FILE: 2131-P
STAFF REPORT
The Planning Manager recommends denial.
Bryant Mitchell, representing Blaq Star I, LLC, has applied for a
specific use permit to allow a drinking place in the CBD (Central
Business District). The property is located at 268 Pearl St.
Mr. Mitchell states that business will be a bar/lounge. Its business
hours will be from 4 p.m. to 2 a.m., Wednesday through Saturday.
The facility will host live musical and non-musical performances as
provided by outside production companies and promoters. This type
of entertainment will be provided approximately two times a week.
All live performances will begin around 7 p.m. A smoking area will
be provided in a fenced patio at the rear of the property.
While there are no parking requirements for businesses zoned CBD,
staff has concern over what effect this type of business would have on
the parking needs of surrounding businesses. A bar with live
entertainment could draw large crowds that could not be
accommodated by street parking only. Overflow parking could be a
detriment to surrounding businesses. In addition, the noise levels
typically generated by a bar that provides live entertainment could be
concern for other nearby businesses and churches.
In July, 2008, a similar request was for 268 Pearl St. was denied by
both the Planning Commission and City Council.
Exhibits are attached.
PUBLIC NOTIFICATION
Notices mailed to property owners 15 .
Responses in Favor . Responses in Opposition
.
LEGAL DESCRIPTION FOR ORDINANCE PURPOSES
Being Plat E, Tract 2, N. Tevis Survey, City of Beaumont, Jefferson
County, Texas, containing 0.071 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, nor significantly diminish
or impair property values within
the immediate vicinity;
X 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 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
This application is in conformance with four of the eight conditions
necessary for approval. Comments on Conditions 1, 4 and 5 follow:
1. A number of nearby property owners have expressed concern
over the negative effects the proposed business could have
on their properties. Possible noise and parking problems
could result if the bar is permitted.
4. Parking is not required in the CBD. However, venues with
live entertainment could generate large crowds that could
effect the parking needs of surrounding properties.
5. While the Crockett Street Entertainment District has been
cited by the applicant as providing similar entertainment,
the venues in Crockett Street are grouped together and
the noise generated by each only effect each other.
Permitting an bar next to dissimilar land uses could create
negative effects. In addition, Crockett Street provides
off-street parking.
GENERAL INFORMATION/PUBLIC UTILITIES
APPLICANT: Bryant Mitchell for Blaq
Star I, LLC
PROPERTY OWNER: Brian Austin
LOCATION: 268 Pearl St.
EXISTING ZONING: CBD (Central Business
District)
PROPERTY SIZE: 0.071 acres, more or less
EXISTING LAND USES: Vacant commercial building
FLOOD HAZARD ZONE: A X @ - Areas determined to be
outside 500-year floodplain
SURROUNDING LAND USES: SURROUNDING ZONING:
NORTH: Commercial CBD (Central Business District)
EAST: Commercial CBD
SOUTH: Commercial CBD
WEST: Commercial CBD
COMPREHENSIVE PLAN: Central Business District
GENERAL INFORMATION/PUBLIC UTILITIES continued
STREETS: Pearl Street - Major arterial with
a 61' wide right-of-way and a 40'
pavement width
DRAINAGE: Curb and gutter
WATER: 10" water line
SANITARY SEWER
SERVICE: 10" sanitary sewer line
PROPERTY OWNERS
AUSTIN BRIAN
AUSTIN JAMES D
BRENTWOOD INVESTMENT DEV CO
BRENTWOOD INVESTMENT DEV CO SAM C PARIGI JR
CROCKETT CARPARK INC
ENTERGY TEXAS INC % TAX DEPT (L-ENT-12B)
FIRST METHODIST CHURCH
HALL WILLARD JR
JOHNS THEODORE S SR & LEWIS J HODGE
SOUTHWESTERN BELL TELEPHONE CO PROPERTY TAX
DEPARTMENT