HomeMy WebLinkAbout1601-PIN
DATE: February 20,2002
TO: Planning Commission and City Council
FROM: Stephen C. Richardson, Planning Manager
SUBJECT: Request to allow a specific use permit to allow a drinking and eating place with adult
entertainment in a GC -MD (General Commercial Multiple -Family Dwelling) District.
FILE: 160 1 -P
STAFF REPORT
The Planning Manager recommends approval of the specific use permit subject to altering the
building to conform with the 300 foot distance requirement between it and Hunters Club at 850
IH-10 South.
Winrock Investments, Inc., the applicant, wishes to open Dream Street Plantation Bar and Grill
in an existing building at 4120 College Street. The subject property is the former location of
Swampee's Restaurant. Lot 97, upon which the building sits, is zoned GC -MD. The parking
lot is zoned LI (Light Industrial). A sexually oriented business is permitted by -right in a LI
district.
Dream Street formerly did business at a location at 4680 Fannett Road. On October 13, 2001,
a storm damaged that building. Winrock Investments now wishes to relocate to the College
Street location.
Dream Street plans to operate with a full food menu and with the sale of mixed beverages under
a TABC permit, The proposed hours of operation are Monday through Friday from 11:00 a.m.
to 2:00 a.m. and on Saturday and Sunday from 6:00 p.m. to 2:00 a.m. Live adult entertainment
will be available. The applicant states that all state laws and city ordinances pertaining to
sexually oriented businesses will be strictly enforced. Only persons 21 years of age or over will
be permitted into the building. Security will be provided by a local security company. An 8'
wood privacy fence will be constructed along the west side of the property. A 6'tall decorative
fence will be constructed along the property frontage. There is extensive landscaping along this
frontage. An existing chain link fence is to the north of the site, on the adjacent property. No
additional fencing on the subject property is proposed.
The site plan shows one primary sign along the College Street frontage. Section 7-103, Code
of Ordinances, requires that the primary sign for a sexually oriented business shall not exceed
50 sq, ft. in area, 10 feet in height or 10 feet in length. As the existing sign does not meet these
requirements, it will have to be made to conform or a new sign installed.
STAFF REPORT continued
The Zoning Ordinance states that an adult entertainment use shall not be established or
expanded within 300 feet of any other adult entertainment use, bar, pool hall or liquor store.
The closest distance between the Dream Street building and the Hunters Club building is
286.56'. The owner of the property has consented to reconstruct the comer of the building in
a manner to move its closest point back to the 300' line.
Exhibits are attached.
PUBLIC NOTIFICATION
Notices mailed to property owners 10
Responses in Favor . Responses in Opposition
Being part of Lot 97, College Acres Addition, City of Beaumont, Jefferson County, Texas,
containing 0,629 acres, more or less.
FLOYD A. LANDREY, INC.
JON B. BURMEISTER, RC.1,2,3
KERWIN B. STONE
TOMMY L. YEATES"
EVERETTH.SANDEASONI
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
January 25, 2002
The Planning Commission and City Council
City of Beaumont, Texas
RE: Specific Use Permit Application
Applicant: Winrock Investments, Inc.
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
2CIVIL TRIAL LAW
3PERSONAL INJURY TRIAL LAW
RAY M. MOORE
OF COUNSEL
JACK M. MOORE (1906-1993)
This firm has the pleasure of representing Winrock Investments, Inc., the Applicant for a
Specific Use Permit pertaining to the proposed use of property located at 4120 College Street,
Beaumont, Texas. Our client has previously operated a drinking and eating place with adult
entertainment under the Sexually Oriented Business Ordinance in premises located at 4680 Fannett
Road, Beaumont, Texas. On October 13, 2001 tornadic winds ripped the roof off of the building at
that address, rendering it unusable for further operation of the business; the owner of that building and
its insurer are still engaged in a disagreement over whether to repair the building or to declare it a total
loss. Our client has waited three months for the dispute to be resolved, but no end is in sight. In the
meantime, our client has been unable to operate its business, despite being fully licensed to do so by
the Texas Alcoholic Beverage Commission and under the Sexually Oriented Business Ordinance. Our
client now requests permission to relocate its business to the premises at 4120 College Street, but in
order to do so, it must obtain from you a Specific Use Permit. The name under which our client will
do business is "Dream Street Plantation Bar & Grill".
The proposed usage falls within Standard Industrial Classification Code Number 58 (eating and
drinking places), as set forth in the City of Beaumont Zoning Ordinance (Chapter 30 of the Code of
Ordinances); SIC 58 permits the location of the proposed business at 4120 College Street, but subject
to Special Condition 2, as detailed in Section 30-33(b) of the Zoning Ordinance. Three restrictions are
placed upon adult entertainment uses at the premises. It can easily be confirmed that the building is
not located within 500 feet of the district boundary line of any residential zoning district. It can
similarly be easily confirmed that the building is not located within 750 feet of the property line of a
church, school, or public park. The third restriction requires that an adult entertainment use cannot
be located within 300 feet of any other adult entertainment use, bar, pool hall, or liquor store.
Birdsong Fuels & Services, which is located at 860 IH-10 South, is within 300 feet of the building at
4120 College Street, and holds a TABC license for the sale of beer and wine; however, the sale of beer
and wine is only a very minor portion of that company's business. Birdsong Fuel & Services rents
trucks, sells fuel, performs mechanic work, and operates a small convenience store, wherein some beer
and wine is sold (but not for consumption on the premises). Therefore, Birdsong should not be
considered as either a bar or a liquor store, for purposes of prohibiting our client's intended use.
The Planning Commission and City Council
Page 2
January 25, 2002
Hunters Club is located at 850 IH-10 South. The customer entrances to each building face different
streets, and are far more than 300 feet apart. The closest distance between any doors on the two
buildings is 330 feet. The closest distance between the corners of the two buildings is 286.56 feet.
If the Commission or Council insists upon using the proximity of the buildings as the standard of
measurement, then with great reluctance the Owner of the property has consented to reconstruct the
corner of the building in a manner to move its closest point back to the 300 foot line, as a condition
to issuance of a Specific Use Permit.
Our client intends to operate the business with a full food menu and with the sale of mixed
beverages under a TABC permit. Its proposed hours of operation are Monday through Friday from
11:00 o'clock a.m. until 2:00 o'clock a.m. the next morning, and on Saturday and Sunday from 6:00
o'clock p.m. until 2:00 o'clock a.m, the next morning. Live adult entertainment will be available, and
all state laws and city ordinances pertaining to sexually oriented businesses will be strictly enforced.
Only persons 21 years of age or over will be permitted into the building, and only upon presentation
of valid identification confirming age. The parking area will be well lighted and will be patrolled by
certified security guards from a local security company. All employees of the Applicant will be TABC
certified and/or will have SOB permits, as applicable.
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 screen porch at the front of the
building will be enclosed. Further, a wood privacy fence will be constructed around the perimeter of
the property. All signage will comply with the requirements of the Sexually Oriented Business
Ordinance.
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;
(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;
The Planning Commission and City Council
Page 3
January 25, 2002
(7) There are sufficient landscaping and screening to insure 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 inability of Applicant to reopen for business has had a direct and adverse impact upon the
City's economy. Over its last full year of operations, Applicant employed 75 persons (all of whom
have lost their jobs now), and paid mixed beverage taxes and sales taxes of more than $150,000.00,
in which the City shared.
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.
Kerwin B. Stone
KBS/sjm
Enclosure
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FILE 1601-P: Request for a specific use permit to allow a dinking and eating place NORTH
with adult entertainment in the GC -MD (General Commercial - Multiple Family
Dwelling) district.
Location: 4120 College SCALE
Applicant: Winrock Investments, Inc. c/o Kerwin B. Stone 1 11:100,
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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
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,
frames, 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
P
ANALYSIS continued
This application is in compliance with the eight conditions necessary for approval. Following
are comments on Condition 4:
4) Five (5) disabled parking spaces will be required,
APPLICANT: Winrock Investments, Inc. c/o Kerwin B. Stone
PROPERTY OWNER: JPE, Ltd.
LOCATION: 4120 College Street
LEGAL DESCRIPTION: Parts of Lots 96 and 97, College Acres
Addition
EXISTING ZONING: GC -MD (General Commercial -Multiple Family
Dwelling) District
PROPERTY SIZE:
EXISTING LAND USES:
FLOOD HAZARD ZONE:
SURROUNDING LAND USES:
NORTH: Industrial
EAST: Commercial
SOUTH: Commercial
WEST: Parking lot and nursing home
COMPREHENSIVE PLAN:
OTHER PHYSICAL
FEATURES:
STREETS:
DRAINAGE:
1.53 acres, more or less
Vacant restaurant building
"C" - Minimal flooding
SURROUNDING ZONING:
Ll (Light Industrial) District
GC -MD (General Commercial -Multiple Family Dwelling)
District
Ll
Ll and GC -MD
Stable Area
None
College Street - 130'wide major arterial with a
60'pavement width.
Curb and gutter
GENERAL INFORMATION/PUBLIC UTILITIES continued
WATER: Water available
SANITARY SEWER
SERVICE: Sanitary sewer available.
FIRE PROTECTION: Fire protection is provided by Station #10 at
3855 Washington.
ADEQUACY
OF SERVICE: Services are adequate.