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DATE:December 15,
2008
TO: Planning Commission and City Council
FROM: Stephen C. Richardson, Planning Manager
SUBJECT: Consider a request for a revocation of a specific use permit to
allow a beauty shop in an RCR (Residential Conservation and
Revitalization) District
FILE: 1924-P
STAFF REPORT
The Planning Manager recommends approval.
On February 13, 2008, City Council approved a specific use permit to
allow a beauty shop in an RCR (Residential Conservation and
Revitalization) District. The property is located at 2190 Broadway.
Carleatha Wells received a specific use permit to allow her to operate a
four seat beauty shop on the first floor of the two story structure on
her property. Ms. Wells lives on the second floor of the building.
The specific use permit was approved subject to the following
conditions:
1. Remove the gravel parking area along the west side of the
property.
2. Install a 6' wide landscape strip along the west side of
all parking areas.
3. Provide a minimum of 10 on-premise parking spaces. The
parking layout shall be approved by the Traffic Manager.
In a letter dated July 3, 2008, the City of Beaumont=s Code
Enforcement Officer for the Oaks Historic District notified
Ms. Wells that the three conditions had not been met and was
given until July 25, 2008 to comply.
As of the date of this staff report, the conditions have not
been met.
Exhibits are attached.
PUBLIC NOTIFICATION
Notices mailed to property owners 22 .
Responses in Favor . Responses in Opposition
.
LEGAL DESCRIPTION FOR ORDINANCE PURPOSES
Being the west 2 of Lot 5 and Lot 6, Block 15, McFaddin Addition,
City of Beaumont, Jefferson County, Texas, containing 0.24 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:
1. In 2000, City Council approved a specific use permit for
a two chair beauty shop. The proposed four chair beauty
shop will not be detrimental to surrounding properties.
Commercial uses exist to the north and east of the subject
property.
4. An existing driveway along the west side of the property
has been covered up to the street with gravel. Ms. Wells
states that she was given this gravel and placing it where
she did was cheaper than repairing the sidewalk. This
property is located in the Oaks Historic District.
Therefore, a certificate of appropriateness would be
required to install any parking. No certificate of
appropriateness was granted. The historic district
regulations prohibit gravel parking lots. All parking
must be paved with concrete, masonry pavers or asphalt
and must be, at a minimum, located at the building setback.
In addition, a minimum of ten on-premise parking spaces
had to be provided and approved by the Traffic Manager.
As of the date of this staff report, the gravel has not
been removed nor have the ten on-premise parking spaces
been constructed.
7. The street frontages of all required parking areas must
be screened with a six foot wide landscape strip. As of
the date of this staff report, the landscape strip has
not been installed.
GENERAL INFORMATION/PUBLIC UTILITIES
APPLICANT: Carleatha Wells
PROPERTY OWNER: Same
LOCATION: 2190 Broadway
EXISTING ZONING: RCR (Residential
Conservation and
Revitalization) District
PROPERTY SIZE: 0.24 acres, more or less
EXISTING LAND USES: Residence
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: Commercial RCR (Residential Conservation and
Revitalization) District
GENERAL INFORMATION/PUBLIC UTILITIES continued
SOUTH: Residential RCR
WEST: Residential, commercial RCR
COMPREHENSIVE PLAN: Conservation and
Revitalization
STREETS: Broadway Avenue - Local street
with a 60' wide right-of-way and
a 27' pavement width; Sixth
Street - Local street with a 60'
wide right-of-way and a 20'
pavement width
DRAINAGE: Curb and gutter
WATER: 6" water lines
SANITARY SEWER
SERVICE: 12" - 24" sanitary sewer lines
PROPERTY OWNERS
ARDMORE ADDITION % R T FERTITTA
ATWOOD DEBORAH
BALDERAS PEDRO (CD) AZIZ NADEEM (LH)
BOUDREAU ELSA M
BURNS ANTIK HAUS LLC
CASTELAN JORGE
CREEKMORE FRIEDA
FRACHT STUART
HOLMES SHANNON A
KELLY CHARLES E
KELLY CHARLES EDWARD
LESLIE PRESTON & VERONICA
MARTIN MARK E
NICHOLAS LAUREL M
ROONEY MICHAEL & SHAWN
ROY LEVORIS & HELEN
SCHULDT GEORGE ET UX
STANLEY CLAUD G
WEINGARTEN REALTY INC #03 % EQUITAX PROP CONSULTANTS INC
WELLS CAREATHA E
WENDT ESTELLA M
WILLIAMS LOUIS M JR