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HomeMy WebLinkAboutPZ2021-284DATE: October 18, 2021 TO: Planning Commission and City Council FROM: Chris Boone, Director of Planning and Community Development SUBJECT: Consider a request for a Rezone for a portion of the property from IDS (Residential — Single -Family Dwelling) to GC-MD-2 (General Commercial — Multiple -Family Dwelling-2), with a Specific Use Permit to allow a convenience store/restaurant and gas station, FILE: PZ2021-284 STAFF REPORT George Charlton is requesting a rezoning and Specific Use Permit to allow a convenience store and gas station at 4050 Magnolia Avenue. The proposed building would be approximately 6,000 square feet. Half would be occupied by a convenience store with deli and would be open from 7a.m. to 11 p.m. Sunday thru Thursday and 7a.m. to midnight Friday & Saturday. The other half would potentially be occupied by a restaurant. Once the property is rezoned to GC-MD-2 (General Commercial — Multiple -Family Dwelling — 2) a revised Specific Use Permit would be required for other uses. No landscaping is shown on the submitted site plan. An eight foot wood or privacy fence and ton foot wide landscaped buffer would be required along the east and south property lines. Along the Magnolia Avenue frontage and along the portion of La Salle next to the parking and fuel pumps, a 6 foot wide landscaped buffer will be required. All landscaping will be required to meet City Ordinances including irrigation. A sanitary sewer easement crosses the property and will need to be maintained. Staff recommends approval of the request with the following conditions: 1. Landscaping required to meet City Ordinance requirements. 2. Construction Plans must meet all requirements by Water Utilities for water and sanitary sewer improvements including, any requirements of the City's backflow, pre-treatment and/or F.O.G. program. 3. No permanent structures allowed to be constructed on top of the sanitary sewer easement. Please note that final occupancy approval is subject to review and acceptance of submitted plans and field inspections to verify compliance with applicable codes. Exhibits are attached. PUBLIC NOTIFICATION Notices mailed to property owners 20 Responses in Favor- Responses in Opposition LEGAL DESCRIPTION FOR ORDINANCE PURPOSES BEING a 1.325 acre tract or parcel of land situated in the A. Williams Survey, Abstract No. 385, Jefferson County, Texas and being out of and part of Lots I and 2 and all of Lots 3 and 4 of The George R. Charlton Sr. Subdivision, a subdivision of the City of Beaumont, Jefferson County, Texas, according to the plat thereof recorded in Clerk's File No. 2007047668, Official Public Records of Real Property, Jefferson County, Texas, said 1,325 acre tract being more particularly described as follows: ATOTE: All bearings are referenced to the East line of the above referenced Lot 4 as SOUTH 00'00'00" EAST as recorded in the above referenced Clerk's .bile No. 2007047668, Official Public Records of Real Property, Jefferson Couno�, Texas. BEGINNING at a 5/8" iron with a cap stamped "M.W. Whiteley & Associates" in concrete found for the Northeast corner of the tract herein described, said corner also being the Northeast comer of the said Lot 4 and the Northwest corner of that certain called "Property No. 16" as described in a "General Warranty Deed" from Freydoun B. Shahrodi and Zobreh Shahrodi to J2D2 Properties and Katt Investments, LLC as recorded in Clerk's File No. 2019042093, Official Public Records of Real Property, Jefferson County, Texas and being in the South La Salle Street (based on a width of 50 feet); THENCE SOUTH 00'00'00" WEST, along and with the boundary between the tract herein described and the said J2D2 Properties, et al. tract, the same being the East line of the said Lot 4, for a distance of 207.42 feet to an iron rod with a cap stamped "S&P" found for corner, said corner being the Southeast corner of the said Lot 4 and the Northeast comer of that certain called 1/2 acre tract, identified asTRACT 1, as described in a "Special Warranty Deed" from Delbra Roberts, et al. to Pamela N. Fisher as recorded in Clerk's File No. 2019004534, Official Public Records of Real Property, Jefferson County, Texas; THENCE SOUTH 89058'41 " WEST, along and with the boundary between the tract herein described and the North line of the said 1/2 acre Fisher tract, the same being the South line of the said Lots 4, 3 and 2, for a distance of 233.16 feet to a point for corner and from said corner a 5/8 iron rod with a cap stamped "M.W. Whiteley & Associates" set for the Southwest comer of the said Lot 2 and the Northwest corner of the said 1/2 acre Fisher tract bears SOUTI189'58,41 WEST distance of 141.25 feet; THENCE NORTH 23002'37" WEST, over and across the said Lots 2 and I and parallel and 130 feet perpendicular to the East right-of-way line of Magnolia Avenue and the West line of the said Lots 2 and 1, for a distance of 226.77 feet to a point for comer, said corner being in the North line of the said Lot I and the South right-of-way line of La Salle Street and said corner bears SOUTH 89"47'34" EAST distance of 141.49 feet from a 5/8" iron rod with a cap stamped "M.W. Whiteley & Associates" set for the Northwest corner of the said Lot I and the intersection of the East right-of-way line of Magnolia Avenue and the South right-of-way line of La Salle Street; THENCE SOUTH 8904734" EAST, along and with the South right-of-way line of La Salle Street and the North line of the said Lots 1, 3 and 4, for a distance of 321.93 feet to the POINT OF BEGINNING and containing 1.325 Acres, more or less. ANALYSIS CONDITIONS FOR APPROVAL OF SPECIFIC USE PERMIT (SECTION 28-26.E, ZONING O11DINANCE) Conditions: Application Application Discussion is in is not in in Staff compliance compliance Report_ 1. That the specific use will be compatible with and not injurious to the use and enjoyment of other property, or significantly diminish or impair property values within the immediate vicinity; 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 GENERAL INFORMATION/PUBLIC UTILITIES APPLICANT: George Charlton PROPEWFY OWNER: Clementine Alice Charlton, deceased, George Charlton is the executor of the estate. LOCATION: 4050 Magnolia Avenue EXISTING ZONING: RS (Residential Single -Family Dwelling) and GC -MD (General Commercial - Multiple -Family Dwelling) PROPERTY SIZE: EXISTING LAND USES: FLOOD HAZARD ZONE: SURROUNDING LAND USES NORTH: Commercial EAST: Residential ­1325 acres, more or less Vacant X — Area determined to be outside the 500 year floodplain. SURROUNDING ZONING: RS (Residential Single -Family Dwelling) PLO SOUTH: Multi -Family GC -MD (General Commercial - Multiple -Family Dwelling) WEST: Commercial GC -MD COMPREHENSIVE PLAN: STREETS: DRAINAGE: WATER: Conservation and Revitalization Magnolia Avenge — Secondary Arterial with a varying right-of-way width and 46' pavement width. La Salle Street — Local Street with an approximately 45' right-of-way and 20' pavement width. Mangolia Avenue is Curb and gutter but La Salle Street has open ditches. 12" water main on Magnolia Avenue. SANITARY SEWER SERVICE: 8" sanitary sewer main PROPERTY OWNERS NOTIFIED WITHIN 200 FEET DUMAS SCOT" IE L ROBERT LOIS ESTATE THIBODEAUX ALBERTA RIVETTE LILLIAN ESTATE MCDANIEL HOMER ZENO EARNEST LONDO ALMA R LONDO ALMA RUTH JOHNSON PATRICIA BRADLEY FLORES SAMUEL T & MARGIE N NEW LIFE IN CHRIST CHRISTIAN CHURCH NEW LIFE DELIVERANCE HOLINESS BELL LEHMAN CHARLTON CLEMENTINE A J2D2 PROPERTIES EXCHANGERIGHTESSENTIAL INCOME STRATEGY PROPEICIJES 2 LLC FISHER PAMELA BEAUMONT Planning & Community Development Case Type:Planning and Zoning Case Status: REVIEW Case Sub Type: Specific Use/Rezone Tag Name: Convenience Store with Fuel Station Case #: PZ2021-284 Initiated On: 8/2012021 10:22:12AM Location: 4050 MAGNOLIA AVE, BEAUMON'T','I'X Individuals listed on the record: Applicant George Carlton 11728 S Erie Ave. Tulsa, OK 74137-8430 Case Type: Planning and Zoning Case #: PZ2021-284 Horne Phone: 4097286238 Work Phone: Cell Phone: 4097286238 E-Mail: amanda.Ismgmt@gmaii.com Page I of 2 Printed On: 9/22/2021 BEAUMONT Planning & Community Development Legal Description See attached meets &boundn Number of Acres 1.30 Proposed Use Convenience Store and Gas Station That the specific use will ba The development of2+acres nfvacant uncleared land will bring in compatible with and not injurious ho uummuniiyfriendly businesses that will showcase clean one o[o the use and enjoyment ofother kind aarchitecturally unique buildings that will make itbedrock for property, nor significantly diminish or the community. impair property values within the immediate vicinity That the establishment ofthe specific The development cfthe property will bedone with the guidelines from use will not impede the normal and the City cdBeaumont Planning dept. There will enough setbacks that orderly development and improvement will allow other businesses ho&avisible and thrive |nomarea ofnew of surrounding vacant property; development. That adequate utilities, access roads, All major utilities will bmprovided bythe City nfBeaumont and the drainage and other necessary property already has access toall the utility connections. All the supporting facilities have been orwill construction will bedone |naccordance with the guidelines ofCity of be provided Beaumont Planning deptand the latest international building codes. The design, location and arrangement The design ofall the driveways and other access points will bawide ofall driveways and parking spaces and sufficiently marked Vnallow easy traffic flow and with sidewalks provides for the safe and convenient and walkways, there will beeasy access for people hotravel onfoot. movement nfvehicular and pedestrian traffic That adequate nuisance prevention All construction will bodone inaccordance and the guidelines ofCity measures have been orwill bwtaken ofBeaumont Planning dept. All contractors and trades will badone in tuprevent orcontrol offensive odor, accordance will the latest International Building Codes. fumes, dust, noise and vibration That directional lighting will bm All outdoor building Lights, Light Poles, 0rany other directional lights provided wuusnot todisturb or will bucarefully loomVedaatonoidinturb|hanaighbomnnd adversely affect neighboring businesses around the property, properties That there are sufficient landscaping All landscaping will boincompliance and accordance with the City of and screening tuinsure harmony and Beaumont Planning dept. Our goal |a10shield the residential compatibility with adjacent property neighbors with appropriate fencing and the use ofexisting trees and landscaping. That the proposed use ioin Yes. accordance with the Comprehensive Plan Case Type: Planning and Zoning Page 2of2 YM) g 11Y1Mf11,1011g1M? FROM /r/Of I Z/111 MINIMMIMMOMMOM 'Roadway Stores Proposed Use and Description August 24, 2021 To: City of Beaumont Planning: SUP/Rezoning Dept From the inception of our project, we've had one goal above all else. That goal was to enhance the development growth of the Local Neighborhood thru businesses that focus on providing family friendly services that help all residents. We set firm guidelines with our construction and design teams, to provide those services that the people of the neighborhood really need. During our initial pre -planning phase, one thing was apparent. The needs of the residents can be divided into two sections, clean fuel stations / packaged --cooked meals. Now for all the residents, we had to go a different route. All the conditions put in place were to ensure the development of Beaumont and providing family friendly services to spur a growth for the city. With that settled, we wanted to know what would be most ideal for the residents of the city, We first started with preliminary research by asking residents what they wanted in the area, Some of the main needs that kept propping up, were a family friendly store, a clean reliable fuel station, a laundry/washeteria, and lastly, a fast food/ pizzeria. These were some of the more glaring needs that were brought up by almost everyone. It's riot that the area is lacking stores and gas stations, its just that due to their conditions and general aesthetics, it's hard for people to trust them, With all the rains and flooding we have experienced, it's difficult for people to get fuel where there's a giant puddle of water over the fuel tanks. With more modern cars, it's not a stretch to imagine that a new state of the art facility with branded fuel would help diminish those concerns. Another concern, is when families taking their kids to stores and being exposed to materials that are graphic in nature (e.g., porn magazines, Sex toys, etc.) To ensure that doesn't happen at our store, we will eliminate selling any such products. This was done to show that we are very invested into Beaumont, and we want to do right by the people of this great city. Finally, our last concern was the lack of quality fast food options in the area. Have you ever tried to order pizza from the surrounding pizzerias with any success? I didn't think so. It's not that difficult to have a food business and provide great customer service, We hope to show you that we can absolutely do that. For that purpose, we have dedicated space for a in-store Deli, serving breakfast, lunch, and early dinner, The Deli will have a menu that will resemble a traditional diner, albeit, with a few changes. We also Have additional separate space with a drive thru which would be ideal for a fast-food pizzeria. We are currently in talks with potential parties. Our goal is to construct a bOOO -8000 sq/fi building of that, half will comprise a Food Store with Fuel Station and the other half ofthe building will remain unfinished onthe inside for future development and can be used to lease to tenants that will help Vs bring in the services most needed by the residents. Like a VVasheteha/)aUDdrOr0at, a fast-food eatery, or any number ofbusinesses that will benefit the locals. The Food Store will be selling wide variety of products ranging from packaged foods to beer and tobacco products, There will also he doh inside the Food Store that will have a self-sufficient kitchen that will serve hot meals @La reasonable price. The menu and the set -vices offered will be determined once the planning phase has started and will be required bythe appropriate health agency. We are 1i[e|esa|« working to make sure that every service we provide at our business, will first and foremost, benefit the residents of the Local Community. We humbly request that City of Beaumont Planning deCt f.000� voo.O��� Rahil Maredia (president, Roadway Stores) Roadway Stores Proposed Use and Description To: City of Beaumont Planning: SUP/Rezoning Dept The property is located at the corner on Magnolia Ave. and LaSalle Street in Beaumont TX. The property is dk/|ded|nLo4ploLtotalinB3.0O]1aCres.Theaddressouand the Classification for each Ofthe plots are aS • PLOT #1—COMMERCIAL 169SELaSalle St. Beaumont, TX777O3 * PLOT #J—COMMERCIAL 405UMagnolia St. Beaumont, TX777O3 w PLOT #3—RES|UENT|AL-167SE LaSalle St. Beaumont, TX777O3 » PLOT #4— RESIDENTIAL —1665ELaSalle St. Beaumont, TX777O3 Our Goal is to Rezone PLOT #3 and PLOT #4 as COMMERCIAL designation that would allow us to construct a Convenience Store With Fuel Station and VVashgLe[ia.The building will encompass all four LOTS and will be estimated at 8000 scl/ft.The business timings will be around 7arn — 1 1prn and weekends will be closed an hour Rahil Maredia (president, Roadway Stores) George Carlton (property Owner) A NTICI Ails SVXAI'.L NONnv-�io VIIONOVN ,�VLOZ M,,00,00,00S aNJ - --- --- --- --- --- --- --- ---- :01 w -C < z.-.- tit =11' IT, ;rrrn-; 1" J 4k Z2021-284: Request for a Rezone for a portion of the property from RS (Residential — ingle-Family Dwelling) to GC-MD-2 (General Commercial — Multiple -Family Dwelling-2) ,ith a Specific Use Permit to allow a convenience store/restaurant and gas station. ,pplicant: George Charlton ,ocation: 4050 Magnolia 0 100 200 1 1 1 1 Feet