HomeMy WebLinkAbout1838-P
DATE: September 18,
2006
TO: Planning Commission and City Council
FROM: Stephen C. Richardson, Planning Manager
SUBJECT: Consider a request for an amended specific use permit to allow
24-hour operation of a pharmacy in a GC-MD-2 (General
Commercial-Multiple Family Dwelling-2) District.
FILE: 1838-P
STAFF REPORT
The Planning Manager recommends denial of this request.
Richard Bills has made application to amend a specific use permit that
would allow the 24-hour operation of an existing pharmacy in a
GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District.
The property is located at 3890 Phelan.
In February, 2005, the City Council approved a zone change from NC
(Neighborhood Commercial) District to GC-MD-2 and a specific use
permit to allow a CVS Pharmacy on the subject property. Due to
rd
traffic concerns at the corners of 23 and Calder and Phelan and
concerns expressed by several residential property owners in Calder
Place Addition on what effect a pharmacy might have on their
neighborhood, the specific use was approved subject to several
conditions, including hours of operation and delivery. The store hours
are restricted to 7 a.m. - 10 p.m., seven days a week and delivery
hours are not allowed between the hours of 7 a.m. - 9 a.m., 11 a.m.
- 2 p.m. and 4 p.m. - 6 p.m.
Mr. Bills is requesting that the specific use permit be amended to allow
24-hour operation. He states that CVS would like to operate the
store 24 hours a day to better serve the public. No other changes are
being requested. Staff did survey the hours of operation of the
nearby Kroger and Market Basket stores. The Kroger grocery store is
open 24 hours, 7 days a week with the pharmacy being open 9 a.m. -
8 p.m., Monday - Friday, 9 a.m. - 5 p.m. on Saturdays and 10 a.m.
- 3 p.m. on Sundays. The Market Basket grocery store is open 6
a.m. - 11 p.m., 7 days a week with the pharmacy being open 9 a.m.
- 7 p.m., Monday - Friday, 9 a.m. - 6 p.m. on Saturdays and closed
on Sundays.
Exhibits are attached.
PUBLIC NOTIFICATION
Notices mailed to property owners 16 .
Responses in Favor . Responses in Opposition
.
LEGAL DESCRIPTION FOR ORDINANCE PURPOSES
Being Lots 1-4 and the west 28' of Lot 5, Block 2, Laurel Heights
Addition, City of Beaumont, Jefferson County, Texas, containing
1.538 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 conformance with seven of the eight conditions
necessary for approval. Comments on Condition 1 follow:
th
1. The subject property and the property east to 16 St.,
between Calder and Phelan, were originally zoned NC
(Neighborhood Commercial) District. In 2005, the City
Council approved GC-MD-2 zoning for the subject property.
GC-MD-2 zoning was granted to allow for a 13,013 sq. ft.
building. NC prohibits buildings larger than 4,000 sq.
ft.
The NC zoning acts as a buffer between Calder Place Addition
to the north and the GC-MD zoning to the south. The
conditions placed on the CVS pharmacy were to counteract
any negative impacts it might have on traffic and the
residential to the north.
GENERAL INFORMATION/PUBLIC UTILITIES
APPLICANT: Richard Bills
PROPERTY OWNER: Charles H. Weinbaum, Jr.
LOCATION: 3890 Phelan
EXISTING ZONING: GC-MD-2 (General
Commercial-Multiple Family
Dwelling-2) District
PROPERTY SIZE: 1.538 acres, more or less
EXISTING LAND USES: Pharmacy
FLOOD HAZARD ZONE: A X @ - Areas determined to be
outside 500-year floodplain
SURROUNDING LAND USES: SURROUNDING ZONING:
NORTH: Residential RS (Residential Single Family
Dwelling) District
EAST: Commercial NC (Neighborhood
Commercial) District
SOUTH: Commercial GC-MD (General
Commercial-Multiple Family
Dwelling) District
WEST: Commercial GC-MD
GENERAL INFORMATION/PUBLIC UTILITIES continued
COMPREHENSIVE PLAN: Stable Area
OTHER PHYSICAL
FEATURES: None
STREETS: Calder Avenue - Secondary
arterial with a 70' wide
right-of-way and a 35' pavement
width;
rd
23 Street - Major collector with
a 60' wide right-of-way and a 20'
pavement width
DRAINAGE: Calder - open ditch
rd
23 - curb and gutter
WATER: 6", 8" and 18" water lines
SANITARY SEWER
SERVICE: 10" and 15" sanitary sewer lines
FIRE PROTECTION: Fire protection is provided by
Station #4, Gladys at W. Lucas.
ADEQUACY
OF SERVICE: Services are adequate.
PROPERTY OWNERS
WILLIAM G DANIELS & GLENDA R OGRADY
MARK FREEMAN ET UX
SARA JANE GLEASON
BERNICE M BROWN
MIKE H RUBAIY
BRENDA J ABSHIRE
BRIDGET E MILLER
SAM F HARTMAN DR
DRAINAGE DISTRICT 6
PHELAN BOULEVARD VENTURE % EQUITAX PROP CONSULTANTS INC
VILLAGE MGMT CO INC % BURKE & NICKEL
SONIC
CHARLES H WEINBAUM JR BEAUMONT SAVINGS BLDG
ELLIS POTTERY INC
RAUL GUILLERMO ABARCA & MARTIN ABARCA
MB PETRO 47 LTD % ROBERT D RASH & ASSOC