HomeMy WebLinkAbout2106-P
DATE: September 19,
2011
TO: Planning Commission and City Council
FROM: Stephen C. Richardson, Planning Manager
SUBJECT: Consider a request for a specific use permit to allow a tire repair
and sales establishment in a NC (Neighborhood Commercial)
District
FILE: 2106-P
STAFF REPORT
The Planning Manager recommends approval subject to the following
conditions:
1. All inventory display and tire repair and installation
shall be done within the confines of the existing building.
2. No motor vehicle sales shall be permitted.
3. Elimination of the eastern-most drive on Delaware,
replacing it with a landscaped island and four (4) crepe
myrtles trees.
Antonio Sipaque has applied for a specific use permit to allow
a tire repair and sales establishment in an NC District. The
property is located at 2795 Eastex Freeway.
For many years, the property was the location of a service
station. That business closed in the late 1990's. In June,
2005, City Council approved a specific use permit to allow an
auto repair shop and car wash on the subject property. That
business no longer exists. Mr. Sipaque would now like to use
the property to sell and repair used tires.
It is the intent of Mr. Sipaque to display used tires along
the south end of the property, in front of the building. While
the property is of a commercial nature, used tire shops tend
to display their wares in full view of the public which can
detract from neighboring properties. The subject property as
well as the freeway frontage both north and south of the subject
property is zoned NC to protect the residential to the west
and the school to the south from incompatible uses. A tire
repair shop is only permitted within a NC District with a
specific use permit so that conditions can be placed on such
an establishment if City Council feels that the conditions are
warranted.
In this case, the Planning Manager feels that requiring all
inventory display and tire repair and installation be done
within the confines of the building is justified.
Exhibits are attached.
PUBLIC NOTIFICATION
Notices mailed to property owners 11 .
Responses in Favor . Responses in Opposition
.
LEGAL DESCRIPTION FOR ORDINANCE PURPOSES
Being Lots 1 and 2, Block 1, Northwood Addition, City of
Beaumont, Jefferson County, Texas, containing 0.18 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
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
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 7 follow:
4. The subject property was originally developed as a service
station in the 1980's. In 2005, City Council approved
a auto repair shop and car wash for the property. The
Planning Manager recommends that the approval of the tire
shop be conditioned upon all display of inventory and tire
repair and replacement be done within the confines of the
building. In addition, there has been an issue of used
car sales on the subject property. Motor vehicle sales
(new or used) are not permitted in the Neighborhood
Commercial District.
7. In 2005, City Council approved a modification to the
landscaping/screening requirements along the west
property line (no 8' tall wood screening fence or 10' wide
landscape strip is required).
GENERAL INFORMATION/PUBLIC UTILITIES
APPLICANT: Antonio Sipaque
PROPERTY OWNER: Bruce Caley
LOCATION: 2795 Eastex Freeway
EXISTING ZONING: NC (Neighborhood
Commercial) District
PROPERTY SIZE: 0.18 acres, more or less
EXISTING LAND USES: Commercial
FLOOD HAZARD ZONE: A X @ - Areas determined to be
outside 500-year floodplain
SURROUNDING LAND USES: SURROUNDING ZONING:
NORTH: Vacant NC (Neighborhood Commercial) District
EAST: Eastex Freeway NC
SOUTH: Commercial NC
WEST: Vacant RM-H (Residential Multiple Family
Dwelling-Highest Densit) Dsitrict
COMPREHENSIVE PLAN: Freeway Activity Corridor
GENERAL INFORMATION/PUBLIC UTILITIES continued
STREETS: Eastex Freeway - Freeway with
varying right-of-way widths and
4 lanes divided; Delaware Avenue
- Major arterial with a 60' wide
right-of-way and a 48' pavement
width
DRAINAGE: Curb and gutter
WATER: 12" water lines
SANITARY SEWER
SERVICE: 8" and 10" sanitary sewer lines
PROPERTY OWNERS
BEAUMONT INDEPENDENT SCHOOL DISTRICT
BRICKLEY MARY C
CALEY OWEN BRUCE
CALIBER PROPERTIES INC
CHILDS ELIZABETH M
CRABBE LEE KING
DICKEY JAMES
HANCHEY THEODORE L
SERF GILBERT JR & NAOMI