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Home My WebLink About1791-ZP DATE: September 19, 2005 TO: Planning Commission and City Council FROM: Stephen C. Richardson, Planning Manager SUBJECT: Consider a request for a zone change from RM-H (Residential Multiple Family Dwelling-Highest Density) District to GC-MD (General Commercial-Multiple Family Dwelling) District or more restrictive district and a specific use permit to allow a drinking place and related parking in a GC-MD (General Commercial-Multiple Family Dwelling) District. FILE: 1791-Z/P NOTE: On August 2, 2005, the City Council voted to allow the applicant to reapply for the specific use permit for a drinking place when all the parking issues have been addressed. STAFF REPORT The Planning Manager recommends denial of this request. Tina Renee Smith, the applicant, is requesting a specific use permit to allow a drinking place in an existing building at 4290 Pradice and related parking on a vacant lot at 4235 Pradice. Ms. Smith states that the night club will provide alcoholic beverages as well as music for dancing. This property was granted a zone change to GC-MD and a specific use permit for a drinking place in 1984. However, in 1991, the City Council revoked that specific use permit. At the time, the building was vacant and City staff stated that the neighborhood petitioned the City to revoke the specific use permit before another bar opened at that location. The request was based on the neighborhood=s experience with past bars that operated there. The petition stated that shootings, drug dealing, noise and excessive traffic were directly related to the presence of a drinking place at this location. On July 18, 2005, the Planning Commission recommended that the specific use permit for a drinking place be denied. At the City Council meeting on August 2, 2005, there was discussion about the amount of parking needed versus the amount of parking that the applicant could provide. Ms. Smith has written permission to use a vacant lot across the street from the proposed bar. That lot could accommodate 24 parking spaces if a modification to the landscaping requirement along the north, south and east sides of the proposed parking lot was granted. STAFF REPORT Based upon problems with the previous bars and because the surrounding area is a residential neighborhood, the Planning Manager feels that a bar would be an incompatible land use. Exhibits are attached. PUBLIC NOTIFICATION Notices mailed to property owners 28 . Responses in Favor . Responses in Opposition . LEGAL DESCRIPTION FOR ORDINANCE PURPOSES Being Tract 15, Plat B-12, J.W. Bullock Survey and Lot 34, Block 1, West Limits Addition, City of Beaumont, Jefferson County, Texas, containing 0.377 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 X 3. That adequate utilities, access roads, drainage and other necessary supporting facilities have been or will be provided; X 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 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 X ANALYSIS continued This application is in conformance with one of the eight conditions necessary for approval. Comments on Conditions 1, 2, 3, 4, 5, 7 and 8 follow: 1. Based upon past testimony, bars that previously operated at this location caused a number of problems for the surrounding neighborhood. In 1984, the Planning Commission recommended denial of both the zone change and the specific use permit based upon incompatibility with the neighborhood. 2. The proposed use could hinder the development of adjacent, vacant residentially zoned properties. 3. Pradice, north of Booker, has a right-of-way width of only 30'. The pavement width for Pradice is 17' to 20'. Booker has an 18' wide pavement. Commercial traffic serving this night club could hinder the traffic flow due to inadequate street widths. 4. The Transportation Manager states that 24 spaces are needed. The site plan shows two A head-in @ parking spaces on the east side of the building and two parallel spaces on the south side of the building. The Transportation Manager has denied the use of these spaces. These parking spaces are entered directly from the street. The applicant has permission to use a vacant lot across Pradice for use as a parking lot. That lot would provide 24 parking spaces. However, that property is zoned RM-H and must be rezoned and granted a specific use permit for parking before it can be used. 5. Night clubs that have occupied this building in the past have created a number of nuisances for the neighborhood. So many nuisances, in fact, that the City Council revoked the bar=s specific use permit in 1991. 7. The parking lot across the street from the proposed night club would require an 8' tall wood screening fence and a 10' wide landscape strip. To accommodate the 24 parking spaces that are required, a modification to the 10' wide landscape strip along the north, south and east sides of the property will need to be granted. 8. The Comprehensive Plan designates this area as A Conservation and Revitalization @. The proposed nightclub would be detrimental to the development of any adjacent residential. GENERAL INFORMATION/PUBLIC UTILITIES APPLICANT: Tina Renee Smith PROPERTY OWNER: Ananais Prejean and Walter Francis GENERAL INFORMATION/PUBLIC UTILITIES continued LOCATION: 4290 Pradice EXISTING ZONING: GC-MD (General Commercial-Multiple Family Dwelling) District PROPERTY SIZE: 0.376 acres, more or less EXISTING LAND USES: Vacant commercial building and barbershop and vacant lot FLOOD HAZARD ZONE: A X @ - Areas determined to be outside 500-year floodplain SURROUNDING LAND USES: SURROUNDING ZONING: NORTH: Residential RM-H (Residential Multiple Family Dwelling-Highest Density) District EAST: Vacant, residential RM-H SOUTH: Residential RM-H WEST: Residential, commercial, vacant RM-H COMPREHENSIVE PLAN: Conservation and Revitalization OTHER PHYSICAL FEATURES: None STREETS: Pradice Street - Local street with a 30' wide right-of-way and a 20' pavement width; Booker Street - Local street with a 50' wide right-of-way and an 18' pavement width DRAINAGE: Pradice Street - open ditch Booker Street - curb and gutter WATER: 6" water line SANITARY SEWER SERVICE: 6" and 8" sanitary sewer lines FIRE PROTECTION: Fire protection is provided by Station #3, 805 Woodrow. GENERAL INFORMATION continued ADEQUACY OF SERVICE: Services are adequate. PROPERTY OWNERS MARY LENA COLA GREENE JUANITA FLORENCE ESTATE ANANAIS & WILSON PREJEAN EST KENNETH PREJEAN SR ROBERT JONES ANANAIS PREJEAN SELENA C THOMAS ESTATE KEVIN D & GENEVIEVE D HILL RILEY HICKS EST MARVEL LOUIS SCOTT % H & H INVESTMENTS BOOKERS MISSIONARY BAPTIST CHURCH REV JOSEPH H WRIGHT ESTATE % HENRY WRIGHT LAURA B KING ESTATE DANE KORY SAVOY WILBER MIRE VIRGINIA VILLAGES APTS LTD % DOMICILE PROPERTY MANAGEMENT CLARENCE GUIDRY SR TOM MITCHELL JR JOE FRANCIS % ELLA FRANCIS COMEAUX CEDRIC W SHYNETT JULES SHYNETT JR ORAY BLANCHETTE % LAVERTT TERRELL JOSEPH LAWRENCE JUSTIN WILLIAM SHYNETT FRANK SHYNETT JAMES BASSARD JR ESTATE % ROSA BASSARD RAYMOND L FONTENOT GLADYS B GAMBLIN