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Home My WebLink About1694-Pi I DATE: November 17,2003 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: 1694-P STAFF REPORT The Planning Manager recommends approval of the request with a modification to the screening/landscaping requirements along the frontage of the existing parking lot. Shelia Evans, the applicant, is requesting a specific use permit to allow the operation of a drinking place at 5205 Fannett Road. This building had most recently been the location of the Tyrrell Park Cafd and Lounge. The building and parking all exist. Ms. Evans has received signed permission to use parking at the adjacent convenience store, if needed. Ms. Evans states that the hours of operation of operation will be from 12 p.m. through 2 a.m. Beer, wine and soda will be sold. Maximum seating will be 50 persons. Entertainment will include pool tables and juke box. No live music will be provided and this will not be a sexually oriented business. A 4'x 5' sign that is 10' tall will be installed to identify the business. Exhibits are attached. PUBLIC NOTIFICATION Notices mailed to property owners 4 Responses in Favor . Responses in Opposition _. LEGAL DESCRIPTION FOR ORDINANCE PURPOSES Being parts of Lots 1, 2 and 29, Tract 3, Tyrrell Park Addition, City of Beaumont, Jefferson County, Texas, containing 0.416 acres, more or less. SHELIA EVANS 5205 FANNETT RD BEAUMONT, TEXAS 77705 October 22, 2003 City of Beaumont Planning Division, Rm#210 City Hall, 801 Main Street Beaumont, Texas 77701 SECTION 30-26, ZONING ORDINANCE Dear Sir/Madam This letter references the eight conditions which must be met for a permit to be issued, please see information listed below: • The establishment while closely monitored and supervised will provide a safe and secure environment bringing entertainment and enjoyment to the community. Remarkable improvements will establish good property value and attract revenue simultaneously. • The surrounding environment will not be affected in any manner nor will obstruct any future development or improvements. • Prior inspections have proven adequate utilities and drainage. County and state have provided appropriate access roads. All other necessary supporting facilities have either been addressed or will be addressed as they arrive. • The establishment sits on a comer lot. The utility poles are located in the aforementioned corner lot. This allows freedom of movement all around the utility poles for both vehicular and pedestrian movement. The adjacent corner is connected by a parking lot for provision to the local convenient store. • Measures have been established therefore providing for noise reduction and volume control. Because the location is on the comer of a four-way intersection provided by state and county transportation all other adequate nuisance measures have already been recognized, • Once again the location is cornered at the junction of SH 124 and Tyrell Park Road. This has allowed previous adequate lighting, Lighting is not limited to but includes all three available sides of the structure. Appropriate lighting has been provided throughout previous business owner's duration without hesitation or concern for disturbing or affecting neighboring property. • Due to positioning of the structure, all adjacent property is properly screened. The north and west sides of the building are cornered to public access. An attached building provides necessary protection for the south side of the building. And an outdoor patio area cushions the east. • Careful consideration has been given for the proposed use and is in accordance with the comprehensive plan provided. Shelia Evans 6M 0. UJG-ver ryoaes W,�) Shelia Evans 5205 Farmett Rd. Beaumont. Texas 77705 Home Phone 409-924-7349 September 23, 2003 Dear Sirs/Madam This letter is in reference to your permit application form. Process and activities: 1. lounge/club 2. hours of operation 12:00pm - 2:00am 3. age 23 4. beverages: beer, wine and soda's 5. entertainment Sincerely Shelia October 27, 2003 To Whom it may concern, This letter is to give authorization for Shelia Evans to use my parking spaces located at 5225 Fannett Road, for additional parking. Sincerely, K-3 (2 --'�4LA ��Ti ,Lt) U .. ......... PULE 1694- A request for a specific use permit to allow a drinking place in a GC- NORTH MD (General Commercial -Multiple Family Dwelling) District. Location: 5205 Fannett Rd. Applicant: Shelia Evans SCALE Mn I rm% MIL* AIL Ji 91 tM mwlr� V or111",�i. Ago- 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 h1jurious to the use and enjoyment of other property, nor significantly diminish or impair property values within the inuriediate 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, furies, dust, noise and vibration; x G. 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 K. 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 Conditions I and 7 follow: I The subject property has been used as an eating place that served alcoholic beverages for many years. Immediately to the south are commercial uses. The proposed use will not be detrimental to the adjacent uses. 7. The current layout of the property has been in existence for many years. No landscaping was ever installed on the subject property. GENERAL INFORMATION/PUBLIC UTILITIES APPLICANT: Shelia Evans PROPERTY OWNER: Gorjala Chakravarthy LOCATION: 5205 Fannett Road EXISTING ZONING: GC -MD (General Commercial -Multiple Family Dwelling) District PROPERTY SIZE: 0.416 acres, more or less EXISTING LAND USES: Commercial building FLOOD HAZARD ZONE: Shaded "X" - Areas of 500-year flood SURROUNDING LAND USES: SURROUNDING ZONING: NORTH: Fannett Road GC -MI) (General Commercial -Multiple Family Dwelling) District EAST: Tyrrell Park RS (Residential Single Family Dwelling) District SOUTH: Convenience store, residence GC -MD WEST: Fannett Road GC -MD COMPREHENSIVE PLAN: Neighborhood Growth Unit OTHER PHYSICAL FEATURES: None GENERAL INFORMATION/PUBLIC UTILITIES continued STREETS: Fannett Road - major arterial with a 120'right- of-way and 24' pavement width; Tyrrell Par Road - major collector with a 60'right-of-way and 20'pavement width WATER: SANITARY SEWER SERVICE: FIRE PROTECTION: ADEQUACY OF SERVICE: Open ditch Fannett Rd. - 12" water line Tyrrell Park Rd. - 8" water line Fannett Rd. - 8" sanitary sewer line Tyrrell Park Road. - 10" and 24" sanitary sewer line Fire protection is provided by Station #10, 3855 Washington Boulevard. Services are adequate.