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Home My WebLink About1466-PJ3 DATE: September 20, 1999 TO: Planning Commission and City Council FROM. Stephen C, Richardson, Planning Manager SUBJECT: Request for a specific use permit to allow a funeral home in an RCR (Residential Conservation and Revitalization District), FILE: 1466-P STAFF REPORT The Planning Manager recommends approval of the proposed funeral home. The property was a funeral home for many years. The application is in compliance with the eight conditions necessary for ordinance approval, subject to a waiver of any additional landscaping, Yvonne Como has a contract to purchase the former Carroll -Wallace Funeral Home at 1685 Park Street, In 1997, the City Council granted a specific use permit for this site to be used as a church with 174 members. The church included an additional lot on Royal Street and use of the Port of Beaumont's property located west and across the street from the main building. However, this request includes only Lots 6 - 10, Block 8, Jersey Farm Addition. This property extends along the north side of Craig Street, between Park and Pennsylvania. Aside from what is shown on the site plan, the applicant asks that any additional landscaping be waived as permitted in Sec. 3 O-3 1 (b)3. The applicant anticipates three funerals per week with about fifty persons attending each funeral. Parking has been approved by the Transportation Administrator. Exhibits are attached, PUBLIC NOTIFICATION Notices Mailed to Property Owners: 22 Responses in Favor: Responses in Opposition: LEGAL DESCRIPTION FOR ORDINANCE PURPOSES Lots 6 - 10, Block 8, Jersey Farm Addition, Beaumont, Jefferson County, Texas, containing 0,821 acres, more or less. �tCV � is � � � � ,� • cil Al .:Pwmm PARK 408 AM W-ve s 2 B j1VMLrr Aw EM M ETr AVE. Z9 do] 1.1 Z 7 ts 14 is is it it 4 2 so to or 'to I Is V IF rs UIGHA A V-1; LANGHAM AVE. tr� ri 44 ! as at of WZ 0 4f 40 OFF ff 40 SO S3 st !rod ROYAL ST. ;- jr IA V � N4g 1601 IIIIi S wN I CRAIG Sr., ea 40 lam` J\ rj 5 4 j I y4VORIN-W-WWOON ATTORNEY AT LAW POST OFFICE Box 2603 BEAUMONT, TEXAS 77704 (409) 835-4971 (OFFICE) (409) 842-0188 (FAX) (409) 842-2405 (HOME) August 25, 1999 Planning Commission and City Council City of Beaumont Beaumont, Texas 77701 Gentlemen/Ladies; Enclosed herewith please find my application for a specific use permit for the operation of a funeral home at 1685 Park Street. In support of my application, the following comments address the eight conditions that are required to be met under Section 30-26E of the Zoning Ordinance. 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. The property located at 1685 Park Street was the home of Carroll -Wallace Funeral Home from the 140's through the mid 190's. Carroll -Wallace enjoyed a good relationship with the community during its 1/2 century residence at 1685 Park. Passers by have occasionally commented to me about invitations they previously received to stop by The funeral home for a cup of coffee. What better testament to the relationship Carroll -Wallace enjoyed in the community? Carroll -Wallace relocated to the West End in 1996 to follow the shifting residential pattern of its primarily caucasian clientele. After the move, the building was leased for use as a church on a temporary basis. Attached is a plat map of the surrounding area. it has been annotated to reflect the location of vacant lots, vacant buildings, and commercial and residential occupancy. As is reflected, most of the surrounding property is either under utilized or not utilized at all. To return the property at 1685, Park Street to an attractive, productive piece of real estate cannot help but INCREASE the value of property in the immediate vicinity. More importantly, it can serve as an incentive to other businesses that enhance the quality of life in a neighborhood to also locate in this area. Put another way, the building at 1685 Park Street is ideal for the use it enjoyed for over 50 years. If, however, it is allowed to sit empty and deteriorate, it can expect nothing but a certain appointment with a wrecking ball. The result will be yet another piece of unproductive land in an area that has not enjoyed a significant resurgence of business activity essential for community development. 2. THAT THE ESTABLISHMENT OF THE SPECIFIC USE WILL NOT IMPEDE THE NORMAL AND ORDERLY DEVELOPMENT AND IMPROVEMENT OF' SURROUNDING VACANT PROPERTY. Community Funeral Home is located within one: block of 1685 Park Street. It's business activity is identical to the business activity we propose. We believe that the presence of Community enhances rather than impedes the normal and orderly development and improvement of surrounding vacant property. Our presence will do likewise. 3. THAT ADEQUATE UTILITIES, ACCESS ROADS, DRAINAGE AND OTHER NECESSARY SUPPORTING FACILITIES HAVE BEEN OR WILL BE PROVIDED. We believe that adequate utilities, access roads, drainage and other necessary supporting facilities have already been provided. However, our goal is to be a responsible member of the community contributing to its overall development and not draining its resources. To the extent that modifications, additions or adjustments need to be made, we intend to cooperate fully in doing SO. 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 DEVELOPMENT. The site plan submitted with this application demonstrates our plan for the safe and convenient movement of vehicular and pedestrian traffic. From our rear parking lot, pedestrian traffic can move up the sidewalk to the Chapel without adversely affecting the general public. Cars will exit the rear parking lot onto a side street which intersects several major arteries running north, south, east and west. S. THAT ADEQUATE NUISANCE PREVENTION MEASURES HAVE BEEN OR WILL BE TAKEN TO PREVENT OR CONTROL OFFENSIVE ODOR, FUMES, DUST, NOISE AND VIBRATION. The operation of a funeral home does not involve the generation of dust, noise or vibration beyond that normally encountered in daily living activities. Because of the embalming process, there are also no odors or noxious fumes generated. 6. THAT DIRECTIONAL LIGHTING WILL BE PROVIDED SO AS NOT TO DISTURB OR ADVERSELY AFFECT' NEIGHBORING PROPERTIES. The property presently has significant directional lighting. Rather than adversely affecting the neighboring properties, it provides security. Very little additional lighting is required. To the extent that adjustments are required, we intend to cooperate fully. 7. THAT THERE ARE SUFFICIENT LANDSCAPING AND SCREENING TO INSURE HARMONY AND COMPATIBILITY WITH, ADJACENT PROPERTY. Sufficient landscaping and screening presently exists to insure harmony and compatibility with adjacent property. Additional trees are planned for the parking lot as reflected on the site plan. To the extent that additional landscaping and screening is necessary, we intend to cooperate fully. 8. THAT THE PROPOSED USE IS IN ACCORDANCE WITH THE COMPREHENSIVE PLAN. Based on information provided by the Planning office, we believe that the property at 1685 Park Street is located in a "Residential Conservation and Revitalization" ("RCR") District. According to the Zoning Ordinance, an RCR is intended for predominantly residential areas characterized by significant concentrations of poor or fair structural housing conditions with mixed residential and commercial use. It is used to encourage residential development along with compatible commercial uses that stimulate normal and orderly development and improvement without adversely affecting residential livability or diminishing or impairing property values. We assume that the city, s comprehensive plan is consistent with the goals of an RCR. The operation of a funeral home is a quiet, clean business that does not adversely affect residential livability or diminish or impair property values. First and foremost, where there is life, there is death. Therefore, the operation of a funeral home is a normal activity essential in every community for the reposal of its dead. Second, traffic in the neighborhood that is generated by a funeral is in most instances minimal. We estimate that the number of funerals conducted will average about 3 per week. Most funerals of significant size are conducted at the decedent's church and not in the funeral home chapel. Those conducted at the funeral home average 50 attendees. Visitation, regardless of where it is conducted, is an in -and -out affair that lasts for a couple of hours. Consequently traffic congestion from cars is minimal. Based on approximately 10 years experience in this area, the funeral director associated with the 1685 Park Street project estimates that most funerals will be attended by fewer than 100 people. We have endeavored to provide accurate responses regarding the eight conditions required by the Planning Division and City Council pursuant to an application for a specific use permit. In addition to the eight conditions already addressed, there are other considerations not yet discussed. The operation of the proposed funeral home will provide permanent employment for a significant number of people. Additi,onally, operations will contribute to the overall budget of government at all levels. Salaries generate income taxes and unemployment taxes. The facility itself generates real and personal property taxes. Operations generate sales taxes not only from direct sales by the funeral home but from sales by related retailers as well including, casket companies, florist, the garment industry, greeting card vendors, ect. In the long run, the proposed business benefits the community at large in a significant and positive way. Should you require further information, please do not hesitate to call me at my office or at home at the numbers reflected. Sincerely yours, q7TUV-le— J-4, - &rw-.o Yvonne F. Como - 1332115 MMVd 9891 xtrnrtn °x>ecx xreeuct �mxa p xxn�•� rraum•isa , R u- 1- x C9 u '81 X A S33V S S ----- ----- ---- -- F - -- oU3 o r-u � I OQ I W EI D- M O r� In cu CA _1 qa z. u� 8=14 6 := zrwA= ^um 1332l1S VHNVAIASNN3d ANALYSIS CONDITIONS FOR APPROVAL OF SPECIFIC USE PERMIT (SECTION 30-26.E, ZONING ORDINANCE Application Application is in is not in con-ullents Compliance Compliance Attached CONDITIONS: I. 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 1 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 providcd x 4. The design, location and arrangement of all driveways and parking spaces provides for the safe and convenient inovernent of vehicular and pedestrian traffic without adversely affecting the general public or adjacent developments; x x 5. That adequate nuisance prevention measures have been or will be taken to prevent or control of odor, furnes, 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 x 8. That the proposed use is in accordance with the Comprehensive Plan, x x ANALYSIS(continued) This application is in compliance with the eight conditions necessary fo►• approval. Comments on items 1, 4, 7 and 8 follow: 1) This site was used as a funeral home from 1945 to 1997. The facility has been a neighborhood fixture for over a half century. Returning the use from a church to a funeral home will not impair property values in the immediate vicinity. 4) The Transportation Administrator has approved the proposed parking lot scheme. 7) There are several large oak trees on the property and additional shrubs and grass, No increase in trees other than shown on the site plan is proposed. 8) Leaving the large structure vacant would be detrimental to revitalization efforts in this old neighborhood of mixed land uses. GENERAL INFORMATION/PUBLIC UTILITIES APPLICANT Yvonne F. Como, Attorney PROPERTY OWNER: Rodney Landry LOCATION: 1685 Park Street at Craig EXISTING ZONING: RCR (Residential Conservation and Revitalization) PROPERTY SIZE: FLOOD HAZARD ZONE: SURROUNDING LAND USES: NORTH: Vacant yard, residential, business, parking lot LAST: Ttu-cc small frame rent houses, church, apartment SOUTH: Residences, apartments WEST: Parking, trees, vacant lot COMPREHENSIVE PLAN: OTHER PHYSICAL FEATURES: STREETS: DRAINAGE: WATER: 0.821 acres, more or less "C" Minimal Flood Hazards SURROUNDING ZONING: RCR (Residential Conservation and Revitalization) District RCR RCR RCR Conservation and Revitalization NO "M Park - an arterial street with a 60' right-of-way and a 40' pavement Craig Street - 60'right-of-way and 20'pavement Pennsylvania Avenue - an arterial street with a 60'right-of-way and a 36' pavement Park Street - 27"' storm sewer Craig Street - 18" and 27" storm sewer Pennsylvania - 15" storm sewer Park Street - 6" line Craig Street - 2" and 12" lines Pennsylvania - 12" line SANITARY SEWER SERVICE: There is a 27" sewer in Park, a 15" in Pennsylvania and an 18" and a 27" in Craig GENERAL INFORMATION/PUBLIC UTILITIES (continued) FIRE PROTECTION: Fire protection is provided by Stations # 1, 747 College ADEQUACY OF SERVICE: Existing services and utilities are adequate