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HomeMy WebLinkAbout1954-P DATE: July 21, 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 the CBD (Central Business District) FILE: 1954-P STAFF REPORT The Planning Manager recommends approval subject to the following condition: 1. Maintain the integrity of the building=s historic facade. Brian Austin has requested a specific use permit to allow a drinking place in the CBD (Central Business District). The property is located at 268 Pearl. Mr. Austin states that the property will be used as a night club that will generate revenue through the sale of alcoholic and non-alcoholic beverages during general business hours of 4 p.m. to 2 a.m. Monday through Saturday. The approximate occupancy of the facility will be 250 to 300 customers. The establishment will host live musical and other non-musical performances as provided by outside production companies and promoters. This type of entertainment will be provided approximately two times per week on a regular basis. All live performances will begin at or near 9:00 p.m. A smoking area will be provided in a fenced patio at the rear of the property. Exhibits are attached. PUBLIC NOTIFICATION Notices mailed to property owners 16 . Responses in Favor . Responses in Opposition . LEGAL DESCRIPTION FOR ORDINANCE PURPOSES Being Tract 2, Plat E, Noah Tevis Survey, City of Beaumont, Jefferson County, Texas, containing 0.071 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 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 Conditions 1 and 4 follow: 2. The hours of operation of the night club will be from 4 p.m. to 2 a.m. Monday through Saturday. These hours of operation should not interfere with the enjoyment of surrounding properties. 3. The subject property is located in the Central Business District. Parking is not required for land uses within the CBD. GENERAL INFORMATION/PUBLIC UTILITIES APPLICANT: Brian Austin PROPERTY OWNER: Same LOCATION: 268 Pearl EXISTING ZONING: CBD (Central Business District) PROPERTY SIZE: 0.071 acres, more or less EXISTING LAND USES: Vacant commercial building FLOOD HAZARD ZONE: A X @ - Areas determined to be outside 500-year floodplain SURROUNDING LAND USES: SURROUNDING ZONING: NORTH: Parking lot CBD (Central Business District) EAST: Commercial, parking lot CBD SOUTH: Commercial CBD WEST: Commercial CBD COMPREHENSIVE PLAN: Central Business District STREETS: Pearl Street - Major arterial with a 61' wide right-of-way and a 40' pavement width DRAINAGE: Curb and gutter GENERAL INFORMATION/PUBLIC UTILITIES continued WATER: 10" water line SANITARY SEWER SERVICE: 24" sanitary sewer line PROPERTY OWNERS AUSTIN BRIAN AUSTIN JAMES D BRENTWOOD INVESTMENT DEV CO CROCKETT CARPARK INC % ERIC MARROQUIN ENTERGY GULF STATES INC % TAX DEPT (L-ENT-12B) FIRST METHODIST CHURCH HALL WILLARD JOHNS THEODORE S SR & LEWIS J HODGE SOUTHWESTERN BELL TELEPHONE CO