HomeMy WebLinkAbout1817-P
DATE: March 20,
2006
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: 1817-P
STAFF REPORT
The Planning Manager recommends approval subject to the following
condition:
Limit capacity to a maximum of 240 persons or obtain approval
of a special exception to the parking requirements from the
Zoning Board of Adjustment.
No adult entertainment will be permitted.
Frederick J. Smith, Jr. 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.
The night club will not provide A adult entertainment @. Proposed
hours of operation will be 9 p.m. - 2 a.m., Tuesday - Sunday. The
applicant states that the club will cater to adults 30 years and older.
In 2002, a specific use permit was approved by the City Council
allowing a drinking place at this address. This approval was based
upon a condition that the occupancy of the night club be limited to
244 persons. This limitation was based upon the number of parking
spaces (61) that the applicant could provide. Based upon the square
footage of the club, 116 spaces are required. A capacity limit of 240
persons reflects the current 60 parking spaces that the Traffic
Manager has approved. The ultimate capacity of the club will also be
determined by the Fire Marshall. His determination will be based
upon a number of factors that will be considered at the time of the
issuance of the certificate of occupancy.
Two businesses now occupy the subject property, Aaron=s Rentals and
an insurance office. The club will be open when the other businesses
are closed.
In March, 2004, the original specific use permit was rescinded because
that night club began providing adult entertainment which was in
violation of the original specific use permit.
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 60
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: Frederick J. Smith, Sr.
PROPERTY OWNER: Jerry Jones
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
OTHER PHYSICAL
FEATURES: None
STREETS: Eastex Freeway feeder road
DRAINAGE: Curb and gutter
WATER: 16" water line
SANITARY SEWER
SERVICE: 10" sanitary sewer line
FIRE PROTECTION: Fire protection is provided by
Station #2, Wilson at Ironton and
Station #4, Gladys at W. Lucas.
ADEQUACY
OF SERVICE: Services are adequate.
PROPERTY OWNERS
BB (MULTI) LIMITED PARTNERSHIP c/o BBE PROPERTIES-PROP MGMT
TEXAS HIGHWAY DEPT
EASTEX SQUARE INC
THD DPS CREDIT UNION
JEFFERSON COUNTY