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HomeMy WebLinkAbout1895-P DATE: July 16, 2007 TO: Planning Commission and City Council FROM: Stephen C. Richardson, Planning Manager SUBJECT: Consider a request to allow a counseling service in the CBD (Central Business District). FILE: 1895-P STAFF REPORT The Planning Manager recommends approval of the specific use permit. Ella Mae Chisum, the applicant, is requesting a specific use permit to allow a counseling service in the CBD (Central Business District). The property is located at 480 Franklin. Ms. Chisum states that she has been a licensed professional counselor for 8 years. She will be using the subject property to provide mental health counseling to individuals, couples and groups. She also receives referrals from the probation and parole office for offenders required to attend treatment for engaging in inappropriate sexual behaviors. During these sessions, the parole/probation officers also attend the treatment group to monitor the clients. Ms. Chisum currently practices 2628 McFaddin. She has a contract to purchase the subject property. The property was formerly used as an attorney=s office. Normally, a counseling service is permitted by right in the CBD. However, in September, 2006, City Council approved an ordinance temporarily requiring a specific use permit for new uses in the CBD. Exhibits are attached. PUBLIC NOTIFICATION Notices mailed to property owners 20 . Responses in Favor . Responses in Opposition . LEGAL DESCRIPTION FOR ORDINANCE PURPOSES Being the west 40' of the south 90' of Lot 260 and the south 90' of Lot 261, Block 45, Beaumont Addition, City of Beaumont, Jefferson County, Texas, containing 0.206 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 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 compliance with the eight conditions necessary for approval. Comments on Condition 1 follows. 1. A counseling service is normally a permitted use in the CBD. However, in 2006, City Council approved an ordinance temporarily requiring that new uses in the CBD get a specific use permit. The proposed counseling service will not be detrimental to the surrounding land uses. GENERAL INFORMATION/PUBLIC UTILITIES APPLICANT: Ella Mae Chisum PROPERTY OWNER: Winter Life Partners, L. L. P. LOCATION: 480 Franklin Street EXISTING ZONING: CBD (Central Business District) PROPERTY SIZE: 0.206 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 CBD (Central Business District) EAST: Vacant CBD (Central Business District) SOUTH: Commercial LI (Light Industrial) District. WEST: Commercial LI (Light Industrial) District. COMPREHENSIVE PLAN: Special District (Downtown Revitalization) STREETS: Franklin Street - Major Collector with a 60' wide right-of-way and a 40' pavement width, and Park Street - Major Arterial with a 60' wide right-of-way and an 40' pavement width. DRAINAGE: Franklin Street - Curb and gutter Park Street - Curb and gutter GENERAL INFORMATION/PUBLIC UTILITIES continued WATER: 12" water lines SANITARY SEWER SERVICE: 15" and 30" sanitary sewer lines PROPERTY OWNERS BEAUMONT ECONOMIC DEVELOPMENT BUSH LEWIS & ROEBUCK LEASING CLEVELAND ROBERT E DOTY WAYNE A FERGUSON TIMOTHY W & SANDRA S HAWTHORN JOSEPH HAWTHORNE JOSEPH C HEARD GOGGAN BLAIR & WILLIAMS INGRAM HELEN LAINE S J MASON MARSHA L OLIVER SUSAN J RIDEAUX JIM TINKLE ROBERT JAMES TRUST WINTER LIFE PARTNERS LP