HomeMy WebLinkAbout1819-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: 1819-P
STAFF REPORT
The Planning Manager recommends approval of this request subject to
the following conditions:
Limit capacity to a maximum of 76 persons or obtain approval
of a special exception to the parking requirements from the
Zoning Board of Adjustment.
Provide the required parking lot perimeter landscaping along
Magnolia Avenue (6' wide landscape strip).
No adult entertainment will be permitted.
Patrice Jackson is requesting a specific use permit to allow a drinking
place in a GC-MD (General Commercial-Multiple Family Dwelling)
District. The property is located at 1359 Magnolia. On the subject
property sits a vacant building that was formerly used as a night club.
Ms. Jackson states that the night club will be opened 7 days a week.
Hours of operation will be 4 p.m. - 12 a.m., Sunday - Wednesday
and 4 p.m. - 2 a.m., Thursday - Saturday. The club will cater to
individuals age 25 and up. No adult entertainment will be provided.
Exhibits are attached.
PUBLIC NOTIFICATION
Notices mailed to property owners 24 .
Responses in Favor . Responses in Opposition
.
LEGAL DESCRIPTION FOR ORDINANCE PURPOSES
Being Lot 2 and the North 40' of Lot 3, Block 11, Chaison Addition,
City of Beaumont, Jefferson County, Texas, containing 0.289 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 Condition 1, 4 and 7 follow:
4. The subject property was used as a night club for many
years. As best as staff can determine, the building has
not been used as a club for at least a year. While there
are some residences on three sides of the subject property,
this area is zoned GC-MD which allows a wide range of
commercial uses.
4. The Traffic Manager has determined that the proposed
parking does not sufficiently meet the parking
requirements. 19 spaces are shown. 44 spaces are
required, based upon the square footage of the building.
One of the determining factors of maximum capacity will
be the number of available parking spaces. Based upon
the parking formula of 1 parking space per every 4 seats,
a maximum capacity of 76 persons will be allowed. The
Planning Manager recommends that maximum capacity be
limited 76 persons or that the applicant receive approval
of a special exception to the parking requirements from
the Zoning Board of Adjustment. 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.
7. The applicant is asking for a variance to the landscaping
requirement for the parking lot frontage along Magnolia
Avenue. The Planning Manager recommends that the required
6' wide landscape strip be installed as per the Zoning
Ordinance.
GENERAL INFORMATION/PUBLIC UTILITIES
APPLICANT: Patrice Jackson
PROPERTY OWNER: Patricia Stittem
LOCATION: 1359 Magnolia
EXISTING ZONING: GC-MD (General
Commercial-Multiple Family
Dwelling) District
PROPERTY SIZE: 0.289 acres, more or less
EXISTING LAND USES: Vacant commercial building
FLOOD HAZARD ZONE: A X @ - Areas determined to be
outside 500-year floodplain
GENERAL INFORMATION/PUBLIC UTILITIES continued
SURROUNDING LAND USES: SURROUNDING ZONING:
NORTH: Residential GC-MD (General Commercial-Multiple Family
Dwelling) District
EAST: Residential, vacant GC-MD
SOUTH: Commercial, vacant GC-MD
WEST: Residential GC-MD
COMPREHENSIVE PLAN: Conservation and
Revitalization
OTHER PHYSICAL
FEATURES: None
STREETS: Magnolia Street - Secondary
arterial with a 65' wide
right-of-way and a 40' pavement
width
DRAINAGE: Curb and gutter
WATER: 8" water line
SANITARY SEWER
SERVICE: 18" sanitary sewer line
FIRE PROTECTION: Fire protection is provided by
Station #7, 1700 McFaddin.
ADEQUACY
OF SERVICE: Services are adequate.
PROPERTY OWNERS
PHELAN ELEVEN B LLC 1 c/o MICKEY PHELAN B LAND LP 99%
PATRICIA STITTEM
JEFFERSON COUNTY
DONALD J BAINE
MOUNT ROSE MISSIONARY BAPTIST CHURCH
SAM MAIDA
ELVIRA WARREN PHILLIPS
DORETHA ANN JOHNSON PHILLIPS
LESTER SELLS
JEANETTE ALEX
CITY OF BEAUMONT
PROPERTY OWNERS continued
JEREMIAH JENKINS
MRS DELIA PRATT
GEORGE MICHAEL
LAWRENCE O PAPKE
JAMES T CORMIER
IRVING BOSTIC JR ET UX
J Y RIVETTE ESTATE
MESSINA'S LIQUORS INC
TLC PROPERTIES INC
MACEDONIA MISSIONARY BAPTIST CHURCH
REGINA DYSON
GLENN LUSH ESTATE % ALFRED SMITH
TONNIE MARIE WELLS