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DATE: July 27, 2009
TO: Planning Commission and City Council
FROM: Stephen C. Richardson, Planning Manager
SUBJECT: Consider a request for an amended specific use permit to allow
the deletion of the parking requirement for an apartment
complex in the CBD (Central Business District)
FILE: 1992-P
STAFF REPORT
The Planning Manager recommends denial.
Bill Scanland, representing Beaumont Downtown Lofts L.P., has
applied for an amended specific use permit to allow the deletion of the
parking requirement for an apartment complex in the CBD (Central
Business District). The property is located at 527 Forsythe.
In March, 2007, Beaumont Downtown Lofts received a specific use
permit to allow apartments subject to providing and maintaining 1.5
off-street parking spaces per unit. Mark Watler, attorney for the
applicant, states that the developer of this property incurs a
burdensome additional cost because of this parking requirement. The
developer entered into a parking facility lease with GP Realty and
Management, Inc. for 29 parking spaces in an existing parking lot at
468 Forsythe. To date, a total of $29,890.00 has been spent on
leasing those spaces.
Both apartment buildings are now complete. Tenants began moving
into the Neches Electric Building in December, 2008 and into the
Antioch Church Building in February, 2009. Mr. Watler states that
the owner faces the prospect of having to pay the sum of $15,660
per year indefinitely as basic rental charges for the parking spaces
covered under the lease if the owner is not relieved of the obligation to
provide such additional off-street spaces and if the rental charges
remain unchanged in future renewals of the lease. The termination
date for the present lease is December 31, 2009.
Mr. Watler contends that neither project has introduced substantial
new traffic into the area that could impede traffic flow, since the
former Antioch Church has 8 apartment units and the former Neches
Electric Building has 28 units. Mr. Watler states that since the
tenants have moved in, the property manager has observed that the
leased spaces at 468 Forsythe are rarely used. In addition, the
property manager has observed that the on-site parking behind the
former Neches Electric Building normally provides enough spaces for
the residents. To date, Mr. Watler states that there have been no
complaints regarding parking.
STAFF REPORT continued
When this request was originally considered in 2007, the Planning
Manager recommended denial based upon the fact that no off-street
parking spaces were being provided. Due to the concentration of
apartments, the Planning Manager stated that there was a need for
parking that the developer could not provide. Unless off-street
parking was made available, tenants would be required to park on the
street. On-street parking cannot be guaranteed and could become
an issue for tenants if not available as well as impact future
development of the surrounding properties. Another option might be
to find a different lease arrangement with more favorable terms.
Exhibits are attached.
PUBLIC NOTIFICATION
Notices mailed to property owners 13 .
Responses in Favor . Responses in Opposition
.
LEGAL DESCRIPTION FOR ORDINANCE PURPOSES
Being Lot 412, Block 57, Original Townsite of Beaumont, Jefferson
County, Texas, containing 0.165 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
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 Condition 4 follow:
4. The original approval in 2007 required the leasing of 12
off-street parking spaces (based upon 8 apartment units).
The developer entered into a lease agreement to provide
the required off-street spaces. These off-street parking
spaces provide guaranteed parking for tenants that
on-street parking cannot provide.
GENERAL INFORMATION/PUBLIC UTILITIES
APPLICANT: Landmark Asset Services,
Inc. for Beaumont Downtown
Lofts, Ltd.
PROPERTY OWNER: Beaumont Downtown Lofts, Ltd.
LOCATION: 527 Forsythe
EXISTING ZONING: CBD (Central Business
District)
PROPERTY SIZE: 0.165 acres, more or less
EXISTING LAND USES: Vacant church building
FLOOD HAZARD ZONE: A X @ - Areas determined to be
outside 500-year flood plain
SURROUNDING LAND USES: SURROUNDING ZONING:
NORTH: Commercial, parking lot CBD (Central Business District)
EAST: Parking lot CBD
SOUTH: Parking lot CBD
WEST: Parking lot CBD
COMPREHENSIVE PLAN: Central Business Special
District
STREETS: Forsythe Street - Local street with
a 61' wide right-of-way and a 40'
pavement width.
DRAINAGE: Curb and gutter
WATER: 6" water line
GENERAL INFORMATION/PUBLIC UTILITIES continued
SANITARY SEWER
SERVICE: 12" and 15" sanitary sewer line
PROPERTY OWNERS
GOODWILL INDUSTRIES OF SOUTHEAST TEXAS
CITY OF BEAUMONT
JEFFERSON COUNTY
CHARLTON P HORNSBY PC
MILTON M SHARFSTEIN
SAN AUGUSTINE DEVELOPMENT LIMITED PARTNERSHIP
WALTER M MAYER JR
JOANNE MARIE MAYER GOLDSTEIN
JOANNE M GOLDSTEIN
SUSAN S MAYER
DAVID W MAYER
MARIAN MAYER GETOWSKI
LAURIE MAYER
INDIGENT HEALTH CLINIC OF SE TX DBA SE TX COM HEALTH
CLINIC
SAMUEL F JONES JR
BOSTON STORE DRY GOODS CO & IONE S NEY-TRUSTEE
CENTURY TOWER PARKING LLC