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HomeMy WebLinkAbout1477-ZDATE: October 18, 1999 TO: Planning Commission and City Council FROM: Stephen C. Richardson, Planning Manager SUBJECT: Request for a zone change from GC -MD (General Commercial -Multiple Family Dwelling) to LI (Light Industrial) District or a more restrictive commercial district. FILE: 1477-Z STAFF REPORT The Planning Manager recommends that the request to rezone a 200 foot strip (L 12 acres) lying along the east 200 feet of the applicant's 3.359 acre tract be changed from GC -MD to LI. The applicants own a 12,565 square foot stucco building at 5320 M.L.K. Parkway sited upon a 3.359 acre tract of land. All but 1.120 acres is zoned LI (Light Industrial). The east 200 feet of the tract is zoned GC -MD (General Commercial -Multiple Family Dwelling) District. Approximately one half of the building and the front parking lot lie within the GC -MD District. The remainder of the building and the rear parking lot lie in the LI District. The structure was built for and used as a nightclub prior to the 1981 Zoning Ordinance. Prior to 1981, the 200' wide strip was zoned C-2 (Central Commercial). The back 2.239 acres of the subject tract was zoned 1-1 (Light Industrial). In 1981, the C-2 became GC -MD and the I-1 became LI. Bars and nightclubs were a permitted use in the C-2 and the 1-1 districts; therefore, the front part of the building - still used as a nightclub through a succession of owners and names - became a legal non -conforming use because of the on premise sale of alcoholic beverages. Bars and nightclubs are still permitted uses in the LI District, New bars and nightclubs must receive specific use permits if constructed in the GC -MD Districts after 1981. The applicant plans to feature topless dancers in the existing club, an adult entertainment use, also governed by Special Condition Section 30-33 (2) of the Zoning Ordinance and by Ordinance #98-8, which regulates sexually oriented businesses and provides for licensing and other regulations. The liquor licenses are issued and regulated by the City and the state (Alcoholic Beverage Commission), The proposed use in the LI District will comply with all zoning regulations. Exhibits are attached. PUBLIC NOTIFICATION Notices mailed to property owners 5 Responses in Favor 2 .. Responses in Opposition LEGAL DESCRIPTION FOR ORDINANCE PURPOSES BEING a 1. 120 acre tract of land in Block I of the Spin dletop Heights Subdivision in the J. A. Veatch Survey, Abstract 55, in Beaumont, Jefferson County, Texas, and being out of and a part of that certain tract called 3.36 acres conveyed by Federal Deposit Insurance Corporation to Arney L. Wendt and wife, Estella Wendt, by deed dated January 22, 19 91 and recorded in Film File No. 103-50-2435 of the Real Property Records of Jefferson County, Texas. BEGINNING at a concrete monument with Tx Dot Disk found marking the intersection of the southwesterly right-of-way line of Martin Luther King Parkway and the south right- of-way line of Florida Avenue and being the most northerly northeast comer of the tract herein described and the 3.36 acre tract; THENCE SOUTH 380 48' 28" EAST (Deed Call South 38' 41' East) along the southwesterly right-of-way line of the Martin Luther King Parkway and along the northeasterly line of the 3.36 acre tract and the tract herein described, a distance of 206.04 feet (Deed 206.4 feet) to a one half inch iron rod set marking the most easterly corner of the 3.36 acre tract and the tract herein described and also being the most northerly corner of a 2,60 acre tract conveyed by Lucy Plake to Mrs., Eugenia Bellard by deed dated May 10, 1943 and recorded in Volume 528, Page 466 of the Deed Records of Jefferson County, Texas; THENCE SOUTH 440 59' 00 " WEST (Reference Bearing Surveyed and Deed Call) along the southeasterly line of the 3.36 acre tract and the tract herein described and along the northwesterly line of said Bellard 2.,60 acre tract, a distance of 201.18 feet to a point marking the most southerly comer of the tract herein described; THENCE NORTH 380 48' 28" WEST, along the southwesterly line of the tract herein described and being parallel to and 200.00 feet southwesterly of the southwesterly right of way line of the Martin Luther King Parkway, a distance of 249.63 feet to a point marking the most westerly comer of the tract herein described located in the southeasterly line of that certain 2.47 acre tract conveyed by R.F. DuBois to Westinghouse Electric Corporation by deed dated May 14, 1980 and recorded in Volume 2237, Page 236 of the Deed Records of said County; LEGAL DESCRIPTION FOR ORDINANCE PURPOSES continued THENCE NORTH 450 25' 00" EAST (Deed Call NORTH 45' 26' EAST) along the northwesterly line of the tract herein described and along the southeasterly line of said Westinghouse Electric 2.47 acre tract, a distance of 153.82 feet to a concrete monument with disk found making the northeast corner of the said 2.47 acre tract and being a northwesterly corner of the tract herein described, said corner being located in the south right of way line of Florida Avenue; THENCE North 89' 39' 26" East, (Deed Call NORTH 89' 41' EAST) along the south right of way line of Florida Avenue and along the north line of the tract herein described, a distance of 59.97 feet (Deed 60 feet) to the PLACE OF ]BEGINNING and containing in area 1. 120 acres (48,785 square feet) of land, more or less. J-- I � e- %r% i-T.- To the Planning Commission and the Honorable City Council, City of Beaumont, Texas: Re: 5230 M.L.K. Parkway, a 3.359 acre tract out of Block 1, Spindletop Heights Subdivision. I am requesting an amendment of the zoning ordinance to allow this property to be located in a single zone. This tract of land consists of a paved 3.359 acre tract with a rock and stucco building of 12565-sq. ft. located on it. This area is predominately zoned as LI, light industrial, as was all of this property. The building was originally an eating and drinking establishment/ nightclub when constructed. It has been continuously operated as a drinking nlace/niotnlub since. In the 1980's a zoning change classified a 200-foot strip of land, paralieling-.',.- side of the M.L.K. Parkway right of way as CG-MD. This would require a specific.use permit to operate a drinking place ih this zoning area. Since this property was already operating as drinking place, it was "grandfathered!' as a permitted activity at this location, with no specific use permit required. The 200 foot strip zoned GC -MD divides my property so th,�t the front one third, or 1.120 acres, and approximately one half of my building is located in the GC -MD zone. The other two thirds, or 2.239 acres, containing approximately one half of my building is in the LI zone. I request that the zoning ordinance be amended so that the front 1.120 acres consisting of approximately 20,408 sq.ft. is classified as LI (light industrial) zone to make the property consistent in permitted use. if it is necessary to retain some type of buffer between the LI zone And the M.L.K. Parkway right of way, I alternatively request that the ordinance be amended to classify the .468 acres directly adjacent to the LI zone, but currently classified as GC -MD, as LI zone. This would leave a .652 acre tract consisting of approximately 28,377 sq. ft. extending from the front of the building entrance to M.L.K. Parkway zoned as GC -MD. This will allow the building to be completely in the LI zone as it rightfully should be. An amendment to the zoning ordinance will not result in an additional drinking place/nightclub. My husband and I plan to reestablish a drinking place/nightclub business, from 5112 M.L.K.. Parkway to this new location. This is merely a move across Florida Ave., from one comer to the other. It does not create an additional club, just changes location a short distance. The property has always been operated as a drinking establishment and the relocation will have no adverse impact the neighborhood. The existing building and property at 5230 M.L.K. Parkway is an attractive combination of architecture and landscaping. The continued operation and maintenance of this property will have a positive effect on the surrounding property. If I may be of any assistance, please let me know. Respectfully submitted, Estella Wendt EILE 147�77-* Request for a vane change for a 2001 wide tract of land from GC -MD NORTH (General Commercial - Multiple Family Dwelling) to LI (Light Industrial) District Or a More restrictive commercial district and land. A Location: 5230 M.L.K. Parkway (Former Port Arthur Highway) SCALE LApplicant: Arney and Estella Wendt 111=200, CN CD LiC-M 0-D -,% 1 1 M - =FLORIDA AVE. N=k%" 'N,..v 47 r 'ARDINAL D'111\1E 0 —,tomAh fine a w ev Ab--t4Lrna J A. #'607'Ch Lti ■ GC-P .FS'IR � �1MNGLM 9A t�2 September 23, 1999 To Whom It May Concern: 4 This is to certify that I have completed a survey of the property located at 5230 Martin Luther King Parkway and have determined that there are no schools, public parks, or residential properties in the surrounding area within 500 feet of this property. of. 0 F ........... VP IMilly eoell, P.E. and R.P.L.S. LLY J. HOWNLL HOWn. .. . .............. ... Ar 13 0 4 N ... ........ ki, 16NAL C, September 23, 1999 To Whom It May Concern: This is to certify that I have completed a survey of the property located at 523,0 Martin Luther King Parkway and have determined that there are no churches in the surrounding area within 750 feet of this building. or . JHO.W BILLY I HO Billy ell, P.E. and R.P.L.S. -.- 16580 1304 016� - �91ST Is"V6,N ... A-L- Suit GENERAL INFORMATION/PUBLIC UTILITIES APPLICANT: Arney L. and Estelle Wendt PROPERTY OWNER: Arney L. and Estelle Wendt LOCATION: LEGAL DESCRIPTION: EXISTING ZONING: PROPERTY SIZE: EXISTING LAND USES: FLOOD HAZARD ZONE: SURROUNDING LAND USES: NORTH: Wholesale electrical parts warehouse EAST: Industrial warehouses, wholesale beer distributor, MLK Parkway SOUTH: Vacant tract, service station, Cardinal Dr WEST: Trailer park, wooded tract COMPREHENSIVE PLAN: OTHER PHYSICAL FEATURES: 5230 M.L.K. Parkway 3.359 acres out of Blk. 1, Spindletop Heights Subdivision, also known as Tax Lot 3, Blk. 1, Plat B-22, J. A. Veatch Survey, Ab-55, Beaumont, Jeff. Cty., Texas. LI (Light Industrial) and GC -MD (General Con-unercial-Multiple Family Dwelling) District 3.359 acres Nightclub and parking lots. "C" - (Minimal Hazards) SURROUNDING ZONING: GC -MD and LI LI GC -MD and LI LI Conservation and Revitalization adjacent to Activity Corridor and industrial areas. 125 "MI STREETS: MLK Parkway (formerly the Port Arthur Highway) is a 120' wide major arterial, also known as Spur 380. It is a divided highway. Florida Avenue is a 60' wide secondary arterial street. DRAINAGE: Storm sewers and surface drainage. GENERAL INFORMATION/PUBLIC UTILITIES continued SANITARY SEWER SERVICE: FIRE PROTECTION: ADEQUACY OF SERVICE: Existing in the street rights -of -way and in utility easements. Existing in the street rights -of -way and in Utility easements. Fire protection is provided by Station #3, 805 Woodrow (new station). Services and utilities are adequate.