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DATE: June 16, 2008
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 in a GC-MD (General Commercial-Multiple Family
Dwelling) District
FILE: 1949-P
STAFF REPORT
The Planning Manager recommends approval subject to the following
conditions:
1. Limit the occupancy to a maximum of 240 persons or obtain
approval of a special exception to the parking requirements
from the Zoning Board of Adjustment.
2. No adult entertainment will be permitted.
3. The only detached owner identification sign permitted will
be that provided on the Aaron=s reader board. That signage
shall be non-flashing.
Gradey Caldwell has applied for a specific use permit to allow
a drinking place in a GC-MD (General Commercial-Multiple Family
Dwelling) District. The property is located at 4345 Eastex
Freeway. Mr. Caldwell states on his application that the
building will be used as a night club and for banquet hall rental.
On March 5, 2002, a specific use permit was granted for a drinking
place subject to occupancy being limited to 244 persons and
there being only one owner identification sign for the night
club permitted on the existing Aaron=s reader board. The sign
would be non-flashing. Jerry Jones signed the specific use
permit application as both applicant and property owner.
In February, 2004, the Beaumont Police Department instigated
an undercover investigation of the club whereby drugs were found
in numerous places, prostitution was occurring, two weapons
were found and nudity was observed. Mr. Jones was arrested
for operating a sexually oriented business without a license.
On March 15, 2004, the Planning Commission and City Council
held a public hearing to consider the revocation of the specific
use permit. On March 23, 2004, City Council revoked the
specific use permit for the drinking place based on the following
reason:
4. A sexually oriented business is not permitted in a GC-MD
District. The nightclub was in violation of Section
30-33(b)2 of the Zoning Ordinance which states that A eating
places (SIC 5812) and drinking places (SIC 5813) that have
adult entertainment and video tape rental (SIC 7841) that
rents adult video tapes shall not be allowed in the RCR,
NC, GC-MD and GC-MD-2 districts.
On March 20, 2006, the Planning Commission and City Council
held a public hearing to consider a request for a new specific
use permit to allow a drinking place at 4345 Eastex Freeway
with a Frederick Smith as applicant. The application showed
Jerry Jones as the owner. On April 4, 2006, City Council
approved the request for a specific use permit subject to the
following conditions:
1. Limit the occupancy to a maximum of 240 persons or obtain
approval of a special exception to the parking requirements
from the Zoning Board of Adjustment.
2. No adult entertainment will be provided.
This request was originally submitted to go before the Planning
Commission and City Council in May. However, Mr. Caldwell asked
that the hearing be postponed for one month due to the alleged
involvement of Jerry Jones and Latricia Garner in the operation
of the club. Both of these persons were involved with the
previous club whose specific use permit was revoked.
In response to that allegation, Mr. Caldwell has forwarded an
e-mail stating that neither of these individuals will be
employed or have any other association with the operation,
property management or related functions of the facility.
Exhibits are attached.
PUBLIC NOTIFICATION
Notices mailed to property owners 5 .
Responses in Favor . Responses in Opposition
.
LEGAL DESCRIPTION FOR ORDINANCE PURPOSES
Being Plat D22, Tract 53, F. Bigner Survey, City of Beaumont,
Jefferson County, Texas, containing 0.996 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
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
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
X
ANALYSIS continued
This application is in conformance with all eight conditions necessary
for approval. Comments on Conditions 2, 4 and 8 follow:
2. The property is surrounded by commercial uses and vacant
property. All surrounding property is zoned GC-MD. The
proposed use is compatible with the area.
4. One of the determining factors of maximum capacity will
be the number of available parking spaces. There are 61
parking spaces available. The club will be open after
the other commercial uses on the property are closed.
8. The Comprehensive Plan designates this property as part
of the Eastex Freeway Activity Corridor. The proposed
use is a type of use that would be permitted in this activity
corridor.
GENERAL INFORMATION/PUBLIC UTILITIES
APPLICANT: Gradey Caldwell
PROPERTY OWNER: Eastex Square
LOCATION: 4345 Eastex Freeway
EXISTING ZONING: GC-MD (General
Commercial-Multiple Family
Dwelling) District
PROPERTY SIZE: 0.996 acres, more or less
EXISTING LAND USES: Commercial
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: Eastex Freeway GC-MD
SOUTH: Commercial GC-MD
WEST: Vacant GC-MD
GENERAL INFORMATION/PUBLIC UTILITIES continued
COMPREHENSIVE PLAN: Eastex Freeway Activity
Corridor
STREETS: Eastex Freeway feeder road
DRAINAGE: Curb and gutter
WATER: 16" water line
SANITARY SEWER
SERVICE: 10" sanitary sewer line
PROPERTY OWNERS
BB (MULTI) LIMITED PARTNERSHIP
EASTEX SQUARE INC
KINSEL AUTO GROUP
THD DPS CREDIT UNION