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HomeMy WebLinkAbout2021-P DATE: February 15, 2010 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 (night club) in a GC-MD (General Commercial-Multiple Family Dwelling) District FILE: 2021-P STAFF REPORT The Planning Manager recommends denial. Efren Sifuentes has applied for a specific use permit to allow a drinking place (night club) in a GC-MD (General Commercial-Multiple Family Dwelling) District. The property is located in the Ridgewood Shopping Center at 2566 IH-10 East. Mr. Sifuentes states that the hours of operation of the El Vaquero Night Club would be 8 p.m. to 2 a.m., Friday - Sunday. He says that noise levels between 10 p.m. and 7 a.m. will not exceed the Zoning Ordinance requirement of 65 dB. While that noise level may be met inside the night club, it is the noise in the parking lot created by patrons of the night club that concerns the Planning Manager. Immediately to the east of the night club is the Ridgewood Retirement Center. The noise generated by the proposed night club will have a detrimental effect on those persons living at the Ridgewood. The space was formerly occupied by a pool hall. In addition, another night club used to occupy space in the west end of the shopping center. That night club generated a slew of complaints from the Ridgewood for noise, traffic and parking problems (see attached letter from Police Captain Glenn Durst). After hurricane damage, that club was moved into the former pool hall space by the shopping center owner. Again, multiple complaints were received by the police department. That club was shut down by the City because it did not have a certificate of occupancy in the new space. Exhibits are attached. PUBLIC NOTIFICATION Notices mailed to property owners 9 . Responses in Favor . Responses in Opposition . LEGAL DESCRIPTION FOR ORDINANCE PURPOSES Being Part 1, Blocks 3-5, Emma Reed Addition, City of Beaumont, Jefferson County, Texas, containing 1.55 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 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 six of the eight conditions necessary for approval. Comments on Conditions 1 and 5 follow: 1. The proposed night club is located on the eastern end of the Ridgewood Shopping Center. The Ridgewood Retirement Center is located adjacent to the east end of the shopping center. The proposed night club space used to be occupied by a pool hall. Problems with noise, traffic and parking have occurred in the past. 5. The applicant states that no more than 65 dB will emanate from the night club between the hours of 10 p.m. and 7 a.m. However, it is the noise in the parking lot that concerns the City. The Ridgewood Retirement Center is immediately to the east of the proposed night club. GENERAL INFORMATION/PUBLIC UTILITIES APPLICANT: Efren Sifuentes PROPERTY OWNER: AREF, Ltd. LOCATION: 2566 IH-10 East EXISTING ZONING: GC-MD (General Commercial-Multiple Dwelling) District PROPERTY SIZE: 1.55 acres, more or less EXISTING LAND USES: Shopping Center FLOOD HAZARD ZONE: A X @ - Areas determined to be outside 500-year floodplain SURROUNDING LAND USES: SURROUNDING ZONING: NORTH: Multiple Family, commercial GC-MD (General Commercial-Multiple Family Dwelling) District EAST: Retirement Center GC-MD SOUTH: IH-10 E GC-MD WEST: Commercial GC-MD COMPREHENSIVE PLAN: Freeway Activity Corridor GENERAL INFORMATION/PUBLIC UTILITIES continued STREETS: IH-10 East - Freeway of varying right-of-way widths and varying pavement widths DRAINAGE: Curb and gutter WATER: 6' water line SANITARY SEWER SERVICE: 15" sanitary sewer line PROPERTY OWNERS AESHA LLC DONALDSON PROPERTIES LTD % KLEIN & BARENBLAT MIRAGE INTERESTS INC MONTERREY RENTALS LLC NGUYEN HANG NGUYEN HENRY & HANG THI NGUYEN RIDGEWOOD RETIREMENT THE 2520 RIDGEWOOD LLC SHUBHAM LLC DBA RED CARPET INN & SUITES SWEETGUM APARTMENTS