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DATE: September 21,
2009
TO: Planning Commission and City Council
FROM: Stephen C. Richardson, Planning Manager
SUBJECT: Consider a request for a specific use permit to allow a massage
therapy business in an RCR-H (Residential Conservation and
Revitalization-H) District
FILE: 1998-P
STAFF REPORT
The Planning Manager recommends approval subject to the following
condition:
1. Provide one disabled parking stall as per Texas
Accessibility regulations.
2. Re-stripe the parking lot to orient parking spaces as per
site plan.
Jennifer Lofton has applied for a specific use permit to allow
a massage therapy business in an RCR-H (Residential Conservation
and Revitalization-H) District. The property is located at
th
290 N. 10 Street.
In 2005, City Council granted a specific use permit at this
address to allow a photography and media services business.
At that time, approval was granted subject to the applicant
providing one disabled parking stall as per Texas Accessibility
regulations and paving the parking lot with brushed or aggregate
concrete, hot mix asphalt or masonry pavers. In addition, the
landscaping/screening requirements along the east property line
and the west side of the parking lot were waived. A recent
inspection of the subject property shows that the parking area
was paved but the disabled parking stall was not installed.
Ms. Lofton states that her business will operate 3 p.m. - 8
p.m., Tuesday through Friday and 9 a.m. - 5 p.m. on Saturday.
She will be the only employee. An owner identification sign
that meets the Historic District guidelines will be placed on
the building.
Exhibits are attached.
PUBLIC NOTIFICATION
Notices mailed to property owners 29 .
Responses in Favor . Responses in Opposition
.
LEGAL DESCRIPTION FOR ORDINANCE PURPOSES
Being Lot 13, Block 47, Averill Addition, City of Beaumont,
Jefferson County, Texas, containing 0.15 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 seven of the eight conditions
necessary for approval. Comments on Condition 4 follows:
4. The last specific use permit required that the applicant
provide a disabled parking stall. That disabled parking
stall was never installed. The Planning Manager is
requiring that parking stall to be installed as a condition
of approval. In addition, the parking lot needs to be
re-striped to orient the parking spaces as per the site
plan.
GENERAL INFORMATION/PUBLIC UTILITIES
APPLICANT: Jennifer Lofton
PROPERTY OWNER: Rhonda Price
th
LOCATION: 290 N. 10
EXISTING ZONING: RCR-H (Residential
Conservation and
Revitalization-H) District
PROPERTY SIZE: 0.11 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: Residential RCR-H (Residential Conservation and
Revitalization-H) District
EAST: Residential RCR-H
SOUTH: Commercial RCR-H
WEST: Residential GC-MD (General Commercial-Multiple
Family Dwelling) District
COMPREHENSIVE PLAN: Conservation and
Revitalization
th
STREETS: N. 10 Street - Local street with a
60' wide right-of-way and a 30'
pavement width; Liberty Avenue -
Major arterial with a 60' wide
right-of-way and a 27' pavement
width
DRAINAGE: Curb and gutter
GENERAL INFORMATION/PUBLIC UTILITIES continued
WATER: 6" and 12" water lines
SANITARY SEWER
SERVICE: 6" and 8" sanitary sewer lines
PROPERTY OWNERS
AMERICAN FINANCIAL REALTY TR FIRST STATE INVESTORS
ANDERSON GREG & LOU
ARNOLD WILLIAM E
ARNOLD WILLIAM E & SHERI D
BARLOW RICHARD C SR
BHAT LTD
BLUE WATERS TRUST
BMT JUNIOR FORUM INC
BROWN FIVE FAMILY LP
CALKINS MURRAY D & MIRIAM H
CALLAIS RICHARD L
CARLISLE NANCY & NORMAN
CARTER KEITH D & PATRICIA A
COBBETT JUDITH DDS INC
COFFMAN HARVEY
COFFMAN HARVEY DUANE
DONOVAN DOROTHY S TR FBO DOROTHY S DONOVAN REVC LIV TR
FELAN ROMAN
GIBSON LOTHELL
HUEBEL CLIFFORD D
KBM REAL ESTATE INVESTMENTS
MARROQUIN ROBERT & EMILY
MCDOUGLE W
PRICE E H II FAMILY PARTNERS
RIVERS NATHAN & NINA
SWARTZ & BROUGH INC