HomeMy WebLinkAbout2065-P
DATE: November 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 law office
in an RCR-H/HC (Residential Conservation and
Revitalization-H/Historic-Cultural Landmark Preservation
Overlay) District
FILE: 2065-P
STAFF REPORT
The Planning Manager recommends approval subject to the following
conditions:
1. The applicant shall provide a parking lot with 16 parking
spaces plus 1 ADA parking space for a total of 17 spaces.
2. The parking lot shall be paved with a pervious parking
surface material capable of accommodating vehicles up to
five thousand (5,000) pounds of gross vehicle weight and
that allow the growth of lawn.
3. Ingress/egress to the parking lot shall be off of the alley
at the rear of the property.
4. Two foot tall shrubs shall be planted along the south end
of the parking lot.
Jason Payne has applied for a specific use permit to allow a
law office in an RCR-H/HC (Residential Conservation and
Revitalization-H/Historic Cultural Landmark Preservation
Overlay) District. The property is located at 1792 Broadway.
Mr. Payne states that his law firm is a civil litigation firm
that practices personal injury, wrongful death and corporate
cases. The office hours for the law firm will be from 8:00
a.m. to 5:00 p.m., Monday through Friday. At the outset, the
Payne Firm will have approximately two employees working in
the Beaumont office. In the long term, Mr. Payne anticipates
having four to six employees working at this location.
While the Planning Manager recognizes the desire of the
neighborhood to keep the area as residential as possible, there
are a number of factors that affect the City=s recommendation.
The property is surrounded on two sides by commercial/industrial
uses and zoning. To the north is an event center and an
ambulance service in GC-MD zoning. To the east is an industrial
use located in RCR-H and HI zoning. Except for the subject
property, the entire block is either commercial or industrial.
STAFF REPORT continued
Secondly, the structure contains over 4,800 sq. ft. of floor
space. Such a large house, located where it is, will be
difficult to market to a family. The house has been on the
market for over a year. A professional office will be
compatible with the neighborhood and will occupy a structure
that might otherwise be susceptible to vandalism if left vacant.
Exhibits are attached.
PUBLIC NOTIFICATION
Notices mailed to property owners 17 .
Responses in Favor . Responses in Opposition
.
LEGAL DESCRIPTION FOR ORDINANCE PURPOSES
Being the West 4' of Lot 3 and Lots 4-6, Block 11, McFaddin Addition,
City of Beaumont, Jefferson County, Texas, containing 0.49 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 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, 4 and 7 follow:
5. The subject property is the only residential structure
in the block. The rest of the block is commercial or
industrial. The property has been on the market for over
a year. The proposed law office will compatible with the
residential uses to the west and south.
4. Staff=s recommendation is for the required parking to be
paved with a pervious parking surface that will allow the
growth of lawn. This type of parking surface would not
negatively impact the property if it were ever to convert
back to residential. Staff is also requiring that the
parking lot be entered off of the paved alley at the rear
of the property. This would cut down on the number of
customer cars that might otherwise be parked on Broadway
and Second Street.
7. The Planning Manager is requiring that the south end of
the parking lot be screened with two foot tall shrubs.
GENERAL INFORMATION/PUBLIC UTILITIES
APPLICANT: James Payne
PROPERTY OWNER: Jason and Emily Bowden
LOCATION: 1792 Broadway
EXISTING ZONING: RCR-H (Residential
Conservation and
Revitalization-Historic-Cultur
al Landmark Preservation
Overlay) District
PROPERTY SIZE: 0.49 acres, more or less
EXISTING LAND USES: Vacant residential
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: Industrial RCR-H/HC (Residential Conservation
and Revitalization-H/Historic-Cultural
Landmark Preservation Overlay) District, HI
(Heavy Industrial) District
SOUTH: Residential RCR-H/HC
WEST: Residential RCR-H/HC
GENERAL INFORMATION/PUBLIC UTILITIES continued
COMPREHENSIVE PLAN: Stable Area
STREETS: Broadway Street - Local street
with a 60' wide right-of-way and
a 27' pavement width; Second
Street - Local street with a 60'
wide right-of-way and a 27'
pavement width
DRAINAGE: Curb and gutter
WATER: 6" water line
SANITARY SEWER
SERVICE: 8" sanitary sewer lines
PROPERTY OWNERS
ADAMS GILBERT T ESTATE MRS GILBERT T ADAMS
BOWDEN EMILY
BROUSSARD'S MORTUARY INC
BULLINGTON GEORGE S & SANDRA K
FREEDOM REAL PROPERTIES, LLC DBA FREEDOM PROPERTIES
JEFFERSON COUNTY
LAW OFFICES OF GILBERT T ADAMS
MAHAFEEY GUIULA
MCCREASH TIMOTHY J & GLORIA A
PARKER AARON ET AL TIFFANY WILLIAM(S)
ROBSON JOHN
STAGER PHILLIP W
SWAN WILLIAMSON INVESTMENTS LLC
TURNER DOYLE & PEGGY S
WEATHINGTON GLENN F ET UX