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Home My WebLink About1717-PDATE: May 17,2004 TO: Planning Commission and City Council FROM: Stephen C. Richardson, Planning Manager Im 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: 1717-P STAFF REPORT The Planning Manager recommends approval of this request. Molina Ventures, L.L.C. is requesting a specific use permit to allow a drinking place in an existing building at 4120 College Street. The most recent use of the subject property was Swampee's Bayou Bar and Grill. The new business, Wild Bill's, will sell alcoholic beverages with a limited food menu. The proposed hours of operation will be from 11:00 am. to 2:00 a.m. There will be no adult entertainment occurring at the facility. The building is located in a GC -MD District which requires a specific use permit for a drinking place. The parking lot for the business is in an Ll (Light Industrial) District. A drinking place is permitted by right in an Ll District. Exhibits are attached. Notices mailed to property owners 9 Responses in Favor . Responses in Opposition -. LEGAL DESCRIPTION FOR ORDINANCE PURPOSES Being part of Lot 97, College Acres Addition, City of Beaumont, Jefferson County, Texas, containing 0.615 acres, more or less. FLOYD A. LANDREY, INC. JON B. BURMEISTER, P.0 KERWIN B. STONE TOMMY L. YEATESZ3 EVERETT H. SANDERSON3 ETHAN L. SHAW2-3 JOHN P. COWART, P.C. MOORE LANDREY, L.L.P. ATTORNEYS AT LAW 390 PARK STREET, SUITE 500 BEAUMONT, TEXAS 77701 TELEPHONE 409/835-3891 FAX 409/835-2707 FAX 409/835-4525 April 23, 2004 The Planning Commission and City Council City of Beaumont, Texas RE: Specific Use Permit Application Applicant: Molina Ventures, L.L.C. Property: 4120 College Street, Beaumont, Texas Honorable Members of the Planning Commission and City Council: BOARD CERTIFIED BY THE TEXAS BOARD OF LEGAL SPECIALIZATION: 'CIVIL APPELLATE LAW 201VIL TRIAL LAW 3PERSONAL INJURY TRIAL LAW RAY M. MOORE OF COUNSEL JACK M. MOORE ( I W6-1993) This firm has the pleasure of representing Molina Ventures, L.L.C., the Applicant for a Specific Use Permit pertaining to the proposed use of property located at 4120 College Street, Beaumont, Texas as a Drinking Place, The property is zoned GC -MD, and there will be no adult entertainment uses involved. The name under which our client will do business is "Wild Bill's". The proposed usage falls within Standard Industrial Classification Code Number 5813 (drinking places), as sot forth in the City of Beaumont Zoning Ordinance (Chapter 30 of the Code of Ordinances); SIC 5813 permits the location of the proposed business at 4120 College Street, subject to obtaining a Specific Use Permit. Birdsong Fuels& Services, which is located at 860 IH-10 South, holds a TABC license for the sale of beer and wine. Mojo Nightclub, which also sells alcoholic beverages, is located at 850 IH-10 South. No other establishments selling alcoholic beverages are in the immediate area, and the proposed use by Applicant is the same as an earlier business, which was compatible with this area. Our client intends to operate the business with the sale of mixed beverages under a TABC permit. In the future, Applicant intends to introduce a limited food menu. Its proposed hours of operation are from 11:00 o'clock a.m. until 2:00 o'clock a.m. the next morning. Adult entertainment will not be available. Only persons 18 years of age or over will be permitted into the building, and only upon presentation of valid identification confirming age, but only persons 21 years of ago or over, with valid identification will be served alcoholic beverages. The parking area will be well lighted and will be patrolled by certified security guards. All employees of the Applicant will be TABC certified. The most recent use of the facility was for operation of a drinking and eating place named Swampee's Bayou Bar & Grill. The facility has already been landscaped, and the facility is already insulated to prevent offensive noises or vibrations from escaping the building. The parking area and the building are already accessible to persons with disabilities. The eight conditions required by Section 30-26(e) of the zoning ordinance have been met: (1) The specific use is compatible with and not injurious to the use and enjoyment of other property, nor will it significantly diminish or impair property values within the immediate vicinity; (2) The establishment of the specific use will not impede the normal and orderly development of surrounding vacant property; The Planning Commission and City Council Page 2 April 23, 2004 (3) Adequate utilities, access roads, drainage and other necessary supporting facilities have been or will be provided; (4) The design, location and arrangement of all driveways and parking spaces provide for the safe and convenient movement of vehicular and pedestrian traffic without adversely affecting the general public or adjacent development; (5) Adequate nuisance, prevention measures have been or will be taken to prevent or control offensive odor, fumes, dust, noise and vibration; (6) Directional lighting will be provided so as not to disturb or adversely affect neighboring properties; (7) There are sufficient landscaping and screening to ensure harmony and compatibility with adjacent property; and (8) The proposed use is in accordance with the comprehensive plan. The attached Site Plan addresses some of these matters in greater detail. The undersigned, along with at least one client representative, will be present at the Joint Public Hearing, in order to address any further concerns which you may have. If you need any additional information prior to that time, please feel free to contact the undersigned. Thank you for your consideration. Yours truly, MOORE LANDREY, L.L.P. N-1 Kerwin B. Stone KBS/sjm Enclosures FILE 1717-P: Request for a specific use permit to allow a drinking place in a GC -MD NORTH (General Commercial - Multiple Family Dwelling) District. Location: 4120 College Street A Applicant: Molina Ventures, L. L. C. SCALE 110=2001 700 ciostv /00 It AM Ni ca 0 -GC Ir 0 0* AM �C;T F� '. Xi 'lnom Was is 303TW uai aahssr nw S,TNB a-dm �11�11� 3ON33 Mn ""0 ,9 £t**lz 3 .S*,COAO 5 I' a pZ �a _,._____�.- _._._-___ -- z re z- za U W O a h Uq. 4 Y o� a a z w m. kooll 77 � O al� a 5 1H t 3 r .00Z? 00> a w SY)(31 'iNOVInY313 303TIOD toj 9,11!8 PiA z w w i Q >7 w 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. 1 1 hat the specific use will be compatible with and not injiurious to the use and enjoyment of other property, not• 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 S. 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 ANALYSIS continued This application is in conformance with all eight conditions necessary for approval. Comments on Conditions 1, 5 and 7 follow: 1. The proposed use will be compatible with surrounding uses. The subject property is surrounded by other commercial and industrial uses. 5. According to the applicant, the building has been insulated to prevent offensive noises or vibrations from escaping the building. 7. The property is not currently landscaped. The parking lot is existing. The site plan shows perimeter screening along the College Street frontage. GENERAL INFORMATION/PUBLIC UTRATIES APPLICANT: Molina Ventures, L.L.C. PROPERTY OWNER: JPE, Ltd. LOCATION: 4120 College Street EXISTING ZONING: GC -MD (General Commercial -Multiple Family Dwelling) District PROPERTY SIZE: 0.615 acres, more or less EXISTING LAND USES: Vacant commercial building FLOOD HAZARD ZONE: "X" - Areas determined to be outside 500-year floodplain SURROUNDING LAND USES: SURROUNDING ZONING: NORTH: Industrial Ll (Light Industrial) District EAST: Commercial GC -MD (General Commercial -Multiple Family Dwelling) District SOUTH: Commercial GC -MD and 1A WEST: Parking lot, nursing home LI COMPREHENSIVE PLAN: Stable area OTHER PHYSICAL FEATURES: None GENERAL INFORMATION/PUBLIC UTILITIES continued STREETS: DRAINAGE: WATER: SANITARY SEWER SERVICE: FIRE PROTECTION: ADEQUACY OF SERVICE: College Street - major arterial with a 130'wide right-of-way and a 60'paveinent width Curb and gutter 12" water line 8" sanitary sewer line Fire protection is provided by Station# 10, 3855 Washington. Services are adequate.