Loading...
HomeMy WebLinkAbout2138-P DATE: July 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 a GC-MD (General Commercial-Multiple Family Dwelling) District FILE: 2138-P STAFF REPORT The Planning Manager recommends approval subject to the following condition: 1. All code related items must be inspected and approved prior to the issuance of a certificate of occupancy. Roy Etie, representing Roy Bob=s Food and Beverage Co., has applied for a specific use permit to allow a drinking place in a GC-MD (General Commercial-Multiple Family Dwelling) District. The property is located at 3684-B College. Mr. Etie states that he would like to open a comedy club on the subject property. The club will sell alcoholic beverages. The comedy club, Laugh Out Loud, will operate between the hours of 4 p.m. and 2 a.m., Monday - Sunday. The club will have a full service bar and a stage and seating for comedy performances. On special occasions, live bands will be booked to play. Fifteen to twenty employees will work at the club. The club will have a seating capacity of 300. The subject property is the former location of the Gateway Theater. When the theater closed several years ago, the building was subdivided. In November, 2008, City Council approved a specific use permit to allow a bar called The Ticket to operate. That bar has since closed. After that closure, the location was used as a teen club for a short while. For a drinking place to reoccupy the space, a new specific use permit must be granted by City Council. In its review of this specific use permit, the Fire Marshal states that all code related items must be inspected and approved prior to the issuance of a certificate of occupancy. Exhibits are attached. PUBLIC NOTIFICATION Notices mailed to property owners 20 . Responses in Favor . Responses in Opposition . LEGAL DESCRIPTION FOR ORDINANCE PURPOSES Being the North 180' of Lot 113 and the South 122' of Lot 125, College Acres Addition, City of Beaumont, Jefferson County, Texas, containing 0.69 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 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 all eight conditions necessary for approval. Comments on Conditions 1 and 4 follow: 2. The subject property was originally developed as a movie theater. In 2008, City Council approved a specific use permit for a drinking place at this address. That club has since closed and another use briefly occupied the space. The new club will not be detrimental to surrounding uses. 4. The parking lot and all driveways are existing. These facilities are adequate for the proposed use. GENERAL INFORMATION/PUBLIC UTILITIES APPLICANT: Roy Etie for Roy Bob=s Food and Beverages Co. PROPERTY OWNER: Lombard Realty Group LOCATION: 3684-B EXISTING ZONING: GC-MD (General Commercial-Multiple Family Dwelling) District PROPERTY SIZE: 0.69 acres, more or less EXISTING LAND USES: Commercial building FLOOD HAZARD ZONE: A X @ - Areas determined to be outside 500-year floodplain SURROUNDING LAND USES: SURROUNDING ZONING: NORTH: Commercial GC-MD (General Commercial-Multiple Family Dwelling) District EAST: Commercial GC-MD SOUTH: Commercial GC-MD WEST: Commercial GC-MD COMPREHENSIVE PLAN: Stable Area STREETS: College Avenue - Major arterial with a 130' wide right-of-way and a 50' pavement width GENERAL INFORMATION/PUBLIC UTILITIES continued DRAINAGE: Curb and gutter WATER: 3", 6" and 12" water lines SANITARY SEWER SERVICE: 8" sanitary sewer line PROPERTY OWNERS CAJOTA LLC COLLEGE STREET LTD DIAMANTIS GEORGOIS A HALLE PROPERTIES LLC JONES EVERETT W MARITAL TR(1/2 ) GLENDA A JONES (1/2 INT) LOMBARD REALTY INVESTMENT(65%) % LEDGEBROOK TX LLC (35%) LOMBARD REALTY INVESTMENT(65%) LEDGEBROOK TX LLC (35%)MO B4 RENTABLE I LTD STEVENS LEO PORTER JR TRUONG LEE WADE JAMES E & DONNA L WALKER M J TIRE CENTER % TAX DEPT 104647