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HomeMy WebLinkAbout1652-PUP) DATE: February 19, 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 nightclub in a GC -MD (General Commercial -Multiple Family Dwelling) District. FILE: 1652-P The Planning Manager recommends approval of this request subject to the installation of one additional disabled parking stall. George Kay, the applicant, is requesting a specific use permit to allow a nightclub at 5230 S. Martin Luther King, Jr. Parkway. Mr. Kay states that the business will be a dance club/bar and will not be used as a sexually oriented business. The building is 12,500 sq. ft. in size. The property has been used in the past as a nightclub. The east, or front, half of the property is zoned GC -MD while the west half is zoned LI, Light Industrial. A nightclub is permitted by right in an 1.1 District. In a GC -MD District, a nightclub requires a specific use permit. In this particular instance, the property has been vacant for more than a year and has therefore lost its non -con forin i jig status. In 1999, a request was made by the property owners to rezone the front half of the property to Ll. At the time, it was the intent of the owners to operate a sexually oriented business. The rezoning was denied. The Traffic Manager is recommending approval subject to the installation of one additional disabled parking stall. Exhibits are attached. PUBLIC NOTIFICATION Notices mailed to property owners 20 Responses in Favor . Responses in Opposition _. LEGAL DESCRIPTION FOR ORDINANCE PURPOSES Being Lot 3, Block 1, Plat B-22, J.A. Veatch Survey, City of Beaumont, Jefferson County, Texas, containing 3.36 acres, more or less. va- �=1111 December 27, 2002 Planning Commission nd City Cot cil City of Beaumont PO Box 3827 77704 Beaumont, tx 77701 This is a formal reques for a Sped at 6230, South Dr. Me Luther Ki operated intermittently s such unt not be used as an adu sexually o By aptlying for this appi cation, I ag I The sp acifio use w enjoy" nt of other I values ithln the Im in good boMition, ' on the 1'r operty wil Use Permit Application for a Liquor Jr. Parkway, was constructed in 19' 11 001. The building will be used for a ited business. The parking lot will t to abide by the following conditions: CITY OF BEAUMONT PLANNING DIVISION IAKI 7 200J Dense, The building, located for a night dub, and has ante c4ubA)sr area. It will used for parking only. be compatible with and not injurious t the use and )party, or significatntly diminish or I it properly adiato vicinity. The building and g Jed. s will be kept from a parking lot will be kept free and the gross * free of trash and maintained as 2. The a 's blishr'nent use will not impede the rbrmal and orderly development d impMrov;4"nt of surrounding vacant property. TV building has n used as night club on numerous occasions, si.&� r 1076, and has not intorfe ir I red with th development of surrounding property., a building Is not in use in g the do me, 1J 3. That a loquate, utili ies, access roads, drainage and other ssary supporting faciliti have beeq, and will be provided, The building is ly operational, and has all tho rtocsss4ty facilities. 4. The d ign, locat! and arrangement of all driveways —A parking spaces "0' ar locate � J yi prove a for the end convenient movement of vehiwl and pedestrian traffic 1 vithout ad s4ly affecting the general public or adj t development. a )king The bi �ilding has facilities in the front and bock of Wilding. There are two driveways to Dr. Marlin Luther ring Jr. Parkway, dh a pedestrian sidewalk. The parking sp are striped, and handicap parking' available in front of the bui diva. '14 6. That equate nui nce prevention measures have boon prove T or control offensive odor, as, dust, noise, and is a at level rowired ne building ;built for containing sound. The sound by city for 'light industrial zoning. ThOl that uld apply t this business. 6. That Arectional Ii ting will be provided so as not to diBIL neigh ring pro i6s. The only lighting will be the parRi " o 0 o the south st side of he building, one on the sot the Iding, one the west side of the building, one on of the ck parkin lot, one on the east side of the back p on t south side the back parking lot, one on the nortt , YAII be taken to bration. The building well under the decibel are no other nuisances or adversely affect lot security lights, east side of i west side ding lot, one 3st side of 1Q0NV1r1CGUHS 14 d t : P 0 E the fro I parking to and one on the north w"t side of the ont parking tot, n n lights on I ie front of the building, halogen light ning down on the water ti untain in the front of the building, and I fit marquee in the north east ids of the building. 7. That t1- ere are cuff" 'ant lendsWscreening Ing and seening to ins a harmony and compa Jbility with acant property, The building is land s aped, there are shrubbery in W o front tt�r ding the fountain, and landscaping III ikbars surrounding 6; planking a a. That W a proposed so is in ecoordance with We oormnVproh No plan. The propoW use 49 the buildi is for a night club/bar, and will not 'used as an adult sexually owriented bull ess. It will be maintained and opwat in accordance with the Codes of the City Beaumont, Thank for consideration this If informat' it you your application, additional Is needed, please contact George Kay ate 409)466- 09 or (409)-729-1572, Singa ely, 4 1 I UHk Ht 77HINIVc SC. -MOMS W� Rj:to fiOOF-!,O-�N�r FILE 1652-P: Request for a specific use permit to allow a nightclub in a GC -MD NORTH (General Commercial - Multiple Family Dwelling) District. Location: 5230 S. M. L. King Parkway Applicant: George Kay SCALE j V= 200' Off '+ t ds a '�` � ro � ta• er �i a ��s w � �;�+ w 'SI CARDINAL DRIVE - EAST UBJECT, f, tt V P 4. .4 CARDINAL DR. \ \ 0 0 9ARpIMAL A .Trailer P&A x SA , 19M BACK PARkIN'G FRONT PC RKING ANALYSIS CONDITIONS FOR APPROVAL OF SPECIFIC USE PERMIT (SECTION 30-26.E, ZONING ORDINANCE�,) Application Application is in is not ill 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 S. 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 confinned This application is in conformance with seven of the eight conditions necessary for approval. Comments on Conditions I and 4 follow: I The property has been used, off and on, as a night club for a number of years. The surrounding properties consist of commercial and industrial and vacant uses. A number of other night clubs are located in this general area. 4. The Traffic Manager is recommending approval of this request subject to the installation of one additional disabled parking space. GENERAL INFORMATION/PUBLIC UTILITIES APPLICANT: PROPERTY OWNER: EXISTING ZONING: PROPERTY SIZE: FLOOD HAZARD ZONE: SURROUNDING LAND USES: NORTH: Wholesale electrical parts warehouse EAs'r: Industrial warehouses, wholesale beer distributor, MLK Parkway SOUTH: Vacant tract, service station WEST: Trailer park, wooded tract COMPREHENSIVE PLAN: George Kay Arney L. and Estelle Wendt 5230 S. MLK Parkway GC -MD (General Commercial -Multiple Family Dwelling) District and LI (Light Industrial) District 3.36 acres, more or less Nightclub and affiliated parking "X"- Areas determined to be outside 500-year floodplain SURROUNDING ZONING: GC -MD (General Commercial -Multiple Family Dwelling) District and Ll (Light Industrial) District Lei GC -MD and Ll a Conservation and Revitalization adjacent to Activity Corridor GENERAL INFORMATION/PUBLIC UTILITIES continued OTHER PHYSICAL FEATURES: None STREETS: MLK Parkway - major arterial with 120'wide right-of-way; Florida Avenue - secondary arterial with 60' wide right-of-way and 44' pavement width, WATER: SANITARY SEWER SERVICE: FIRE PROTECTION: ADEQUACY OF SERVICE: Curb and gutter and surface drainage MLK Parkway and Florida Avenue - 8" water lines MLK Parkway - 6" sanitary sewer line; Florida Avenue - 10" sanitary sewer line Fire protection is provided by Station #3, 805 Woodrow. Services are adequate.