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HomeMy WebLinkAbout1452-PDATE: April 19, 1999 TO: Planning Commission and City Council FROM: Stephen C. Richardson, Planning Director SUBJECT: Request for a specific use permit to allow a service station, auto and truck repair, inspection services, washing and detailing of vehicles, repair of boats, motorcycles, trailers and small engines, buying and selling of new and used cars, trucks, boats, trailers, motorcycles and repairs and services to same, road service, rental of cars, trucks and trailers, selling auto parts and the collection of used oil, batteries and filters in an NC (Neighborhood Commercial) District, FILE: 1452-P STAFF REPORT There has been a service station located at 3355 Gladys Avenue since 1966. The property had been zoned R-3 (Modified Two -Family and Multiple Dwelling) from original zoning in 1955, until July 10, 1984, when a rezoning study along the west side of IH-10 concluded and the property was rezoned to NC. City Council adopted an updated Zoning Ordinance in 1981, which created the NC District among other changes, deletions and additions. The following statement appeared in the findings: WHEREAS, the City Council supports the planning and careful rezoning of the City of Beaumont to better reflect existing land use and future needs of the City, including the ultimate elimination of "R-3" (Modified Two Family and Multiple Dwelling) District pursuant to the ordinance herein contained. City Council decided to remove the R-3 district from the Zoning Ordinance because the district allowed and permitted 29 commercial and retail land uses in addition to all of the residential, recreational and institutional uses in the agricultural and other residential zoning districts. Much of the City was zoned R-3 in the original 1955 ordinance. This allowed and permitted many incompatible land uses to exist and proliferate until 1989, when Council removed the last R-3 zoned property after holding public hearings for several years. Between 1981 and 1989 the City's policy was not to grant changes to R-3. The City of Beaumont is authorized by State Statutes to regulate land use through the zoning mechanism. The Zoning Ordinance and zoning districts are for the purpose to promote the health, safety, morals and general welfare of the community. Our Zoning Ordinance is in accordance with the adopted Comprehensive Plan. STAFF REPORT continued Mr. Ronald Clark operated a full service gas station at the site from 1980 until March 22, 1995. Mr, Clark's letter to the Planning Commission and City Council asking for the specific use permit outlines nine (9) different primary and secondary or accessory uses. He submitted copies of several documents to show compliance with the Zoning Ordinance. He states his various activities are "grandfathered" in or are permitted under the current zoning regulations. Zoning was established prior to the construction of the service station structure located at 3355 Gladys. However, the land use regulations have changed over the years since 1955. It is important to recall the various dates used in this report. Also of importance is to realize what primary land uses are allowed in which districts and when. The definition of an accessory use is "...a use which is clearly incidental to and customarily found in connection with the principal use of the premises and which is located on the same lot as the principal use. " Sometimes various businesses and activities are also regulated by county, state and federal agencies. Business operations that involve children, food service, education, alcoholic beverages, firearm sales and adult entertainment can lie in this realm of multiple regulations, ordinances, statutes and laws. However, unless otherwise noted, land use inside the City of Beaumont lies within the jurisdiction of the City. Other licenses, permits and certificates may authorize people to conduct certain occupations, but the City, through its Zoning Ordinance and map, will and shall decide where the activity takes place. For the sake of simplicity, what follows is the listing of Mr. Clark's various operations involved in Heath Vaughn Enterprises and zoning information relating to the business. Mr. Clark said that his primary --business is car and truck repair and the rental of trucks. On his application form it states the proposed use is "full service station and truck rental." Although there are various zoning districts located adjacent to the City's primary highways and freeways, an "Activity Corridor" as defined by the Comprehensive Plan may include such land uses as commercial, shopping center, wholesale distribution, warehouses, some light industry, offices, hotels and apartments, to name a few uses common along major highways. Among other exhibits included with this report are the applicant's correspondence with the motor vehicle division of the State Department of Highways and Public Transportation, a page from the "Articles of Incorporation" of Heath Vaughn Enterprises, and the Zoning Ordinance description and regulation for the R-3 District (1955). If this application is approved, the buying and selling of new and used vehicles would not be permitted as a grandfathered or newly permitted use. © u Z 1-4 cn CA g En 0 8 CA ro H5 0 2 go ZO '20 P. P4 04 j Lo � 2 0 0 rA la. .0 tor. .0 tr2 ON Cd CA O M 00 kA d) 0 CA 8 I z >4 11) tn I ON N C� GN ON C7% C% ,6 1,D tA 00 00 00 CT %D ON ay ai ON CT —, —. Ch — Ch 1� 0% . ......... C, 0 0 0 4. 0u W v 2 2 1-4 ;j 4R 0 11 40- 0 CU cn 14 & o • Rya5 ba g " P : > 0- = I -B o 4 0 U P, co tr; 06 ON Hea'th Vaughn Enterprises, Inc. 3355 Gladys Beaumont, Texas 77706 409/833-2412 March 26, t999 City of Beaumont To: Planning Commission and City Council of Beaumont, Texas In your "SPECIFIC USE PERMIT APPLICATION", you ask for a letter describing all processes and activities that take place on my property. I have tried -for months to get information from the city on what I am grandfathered to do* No one wants to answer this for me. So I am going to ask to be permitted to operate my business as I have since 1980. The activities that I have been involved in are as follows: 1. Buying and selling gas, fuel, oil and filters 2. State Inspections for cat-, truck and motorcycles 3. Service and repair of Cars, Trucks, Tractors, Trailers, Boats and Small Engines 4. Car and truck wash, wax and detailing 5. Buying and selling of new and used: Cars, trucks, tractors, motorcycles, auto parts & accessories, tires and batteries 6. Providing road service 7. Rental of: Cars, trucks and trailers 8. Furnished the public, at no charge, a collection site for used motor oil, oil filters and batteries 9. Furnished the public, at no charge, water and air for automobiles bathrooms and information I feel that I am grand fathered to do all of these items at my location.since I have been doing them at this location since 1980. Article three of my company's "Articles of Incorporation" filed with the State of Texas on July 19, 1979 as part of the company charter, states the corporation was organized to perform the items listed above. A copy of this page, date stamped by the state, is attached, We were chartered by the State of Texas to run the business this way and we were doing so for years before the zoning was changed. Out- property use has been in accordance with the comprehensive plan. We have every right to expect our "Specific Use Permit" to be approved. If you need more information, please contact me at 409-833-2412. Thanks, Ronald G. Clark President Heath Vaughn Enterprises, Inc, U FILE 1452-P: Request for a specific use permit to allow a full service station and truck NORTH rental business to operate in an NC (Neighborhood Commercial) district. Location: 3355 Gladys A Applicant: Heath Vaughn Enterprises SCALE L- I 111=200, w At 3soo 0 8(3.*l 74 J7 *"4 awe 90 00 Yr /So M DURWOOD 7 0 rt it AO r IW k 100 C2 90 -t., c CRESTWOOD 3440 a %Jp 4 BRENI"WOOD (34 , 61.2 4 AVE a 0 0 z GLADYS AVE. es -ell n 5 Ad A VI* 00 EVALON r-4 10 --4i - 133 I At rIY L File 1452-P Exhibit R-3 District 1955-1981 See. 3044. R-3 Modified tivo-family and multiple -family dwelling district regulations. The regulations set forth in this section, or set forth elsewhere in this chapter• when referred to in this section, are the R-3 modified two-family and multiple - dwelling, district regulations., (A) Use regulations. A building or premises shall be used only for the following purposes: (a) Any use permitted in the R-2 two-family and multiple -dwelling district. (b) Neighborhood establishments of the general character and type as the following: (1) Antique shop (2) Bakery, retail sales only (3) Barber and beauty shop (4) Book or stationery store (5) Candy, cigars and tobaccos, retail sales only (6) Commercial billboard or advertising sign (7) Drugstore, retail sales only (8) Florist, retail sales only (9) Grocery store, retail sales only (10) Hardware, sporting goods, toys, paints, wallpaper, clothing, retail sales only (11) Meat market, retail sales only (12) Office building (13) Photographer's or artist's studio (14) Seamstress, dressmaker or tailor (15) Studio for the display and sale of glass, china, art objects, cloth and draperies (16) Restaurant without curb or drive-in service (service to be entirely within the building) (17) Shoe repair shop, retail sales only (18) Washateria, equipped with automatic washing machine of the type customarily found in a home and where the customer may personally supervise the washing and handling of his laundry (19) Neighborhood filling stations, to include retail sale ofgas, oil and similar products but not for repair or storage of motor vehicles (20) Bank (21) Camera shop (22) Wholesale sales office or sample room (23) Bird and pet shop (24) Department store, novelty or variety shop (25) Studios for dance, music, drama, health, massage and reducing (26) Wearing apparel, including clothing, shoes, hats, millinery and accessories (27) Retail liquor package store (28) Mortuaries, and the operation of ambulance service therefrom, if off-street parking space is provided at a ratio of four (4) square feet of parking space to one square foot of mortuary building area, exclusive of storage area (29) Parking lots used in conjunction with any of the above (B) Area regulations (1) Front yard: No front yard shall be required for stores or commercial buildings. For dwellings there shall be a front yard having a depth of not less than twenty-five (25) feet. (2) Side yard: No side yard shall be required for stores or commercial buildings. Side yards shall be required for dwellings. The minimum width of such side yard shall be five (5) feet. (3) Rear yard: There shall be a rear yard along the rear line of the lot. The minimum depth of such rear yard shall be ten (10) feet for stores or commercial buildings, and twenty-five (25) feet for dwellings. Half the width of an alley may be included as rear yard. (4) Intensity of use: There shall be lot area of not less than five thousand (5,000) square feet for single-family dwellings, and a lot area of not less than two thousand (2,000) square feet per family for two-family dwelling units, and a lot area of not less than fifteen hundred (1,500) square feet per family for multiple -dwelling units. Minimum lot area shall be determined by the dimensions of the lot. (5) Lot width: The minimum average width of the lot shall be forty (40) feet. (Code 1958, § 42-16) I" , b, w .I ARTICLES Oo' INCORPORATION ok w I HEATH.VA GHN" NTERPRISES, INC. U E We, the undersigned natural persons of the AYYM&rW,;t10R Division a_,aDnty-one years or mor0;4`actin1`:as the incorporators of a corporation under-,the.Texas, Business,Corporation..A6t,,do hereby adopt the following"�,-Articles of Incorporation for such corpor- ation: ARTICLE ONE The name of the corporation is HEATH VAUGHN ENTERPRISES, ARTICLE TWO 'IR on, is parpituaj. -th'O"""'Corporation 1*4 6;=' 7.10 sell 1, 0 to buy, 're Z ns,ac tlon,,, of any or all lawful business for which'corpotations may be incorporated under Texas, Business Corporation Act, including -acquiring�_� distributing,, buying, 4 4, nW personal,, p r o e r t y XP­ rvi Cow., to,', Part' Fourl,`-�t, -of ''the'. Tex` Miscallaneo ARTICLE -FOUR The aggregate number of shares which thE., corporation -shall.:have authority t[ issue is OneThousand (1000),without par value.-, ZO T,rl�:, N km 51 U, A Y)rillr Ir It V COMMISSION A. SAM ZLDRILIP. CHAIRMAN DEWITT C. GREER RAY A. BARNHART C1 I aik Motors 3355 Gladys Beaumont, Texas Gentlemen: STATE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION Motor Vehicle Division 1846 Interstate 10 South Beaumont, Texas 77706 February 19, 1982 77706 ENGINEER-M*0 B. L. 17EISEIIIIIYg,.` IN RRIPLY NEVER TO Re: 1983 Master Dealer License NumberP7598 Enclosed are your Master Dealer Plate, Certificate of Number, ceip.ts and any Supplemental Plates you may have ordered. Your receipts are in the popket on the outside of this plate envelope. DO NOT DESTROY THEM. Our field investigator will periodiqally inspect your place of - business for compliance with the dealer law. He will submit an inspection report to us, to be placed in your mas-t-&r is required to inspect titles on vehicles you have for sale to assure that they are assigned to your firm name. If a finance company or bank is holding your titles, he may request that you accompany him to inspect such titles. Also enclosed are printing instructions for dealer's cardboard tags which you may have printed by the printer of your choice. May we suggest, that you appoint a reliable employee to issuw-- your cardboard tags as misuse of the tags may place your Masten .: Dealer License Number in Jeopardy of cancellation. You are also required by law to notify this Department within' -I!, ' days of any change in your business location and/or firm name. Sincerely yours, R. W. Townsley, Director - ., Motor vehicle Division By: Robert S. Henhjs Regional Supervisor Beaumont Region P. S. If you have any questions please call Area Code 713 Telephohe.,No. 842.-583r 4pDbt-158 (Rev-. 12-70) 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; This building was constructed in 1966. See the attached copy of pictures taken of its construction. It has been a full service station since that time. The real estate market for this area has been very strong. See attached copy of real estate sales from the Beaumont Board of Realtors, Inc.. This report dated 12/14/98 shows 156 sales and 14 pending sales over the last 12 months. (Record of real estate sales not included in this report., Planning Division has 8 page printout of sales.) North View ew --> ..West East ----> South ----------> s / <-----------' 2.) That the establishment of the specific use will not impede the normal and orderly developmentand improvement of surrounding vacant properjy: To my knowledge, there are only two vacant properties within 500 feet of my property. Longellow Apartments has one lot on the northwest comer of Gladys and 1H 10 West feeder road. The other is owned by Trinity Church and they use it as a sports complex. Please refer to the report from the Beaumont Board of Realtors which shows very healthy sales for this area. 3.) That adequate utilities, access roads, drainage and other necessa► supporting facilities have been or will he provided-, The existing facilities have supported this building and it's operation for the past 34 years. 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: From 1966 to when we stopped selling gas (March 22, 1995), this location's traffic count was 150 vehicles per day buying gas and services. Also gas tanker trucks delivered gas at least twice a week. Today the rental and repair of trucks and cars at this location produces a average traffic count of 4 trucks and 5 cars per day. The location handled 150 vehicles a day without a problem. 5.,) That adequate nuisance prevention measures have been or will be taken to prevent or control offensive odor, fumes, dust, noise and vibration; My location acts as a buffer from odor, fumes, dust, noise and vibration that comes from 2 major highways that -are less than 40 feet from my property. If you examined the 1H 10 (east) side of my building and compared it to the west side, you would see how much protection my building provides to the residential neighborhood. The attached copy of the 1997 District Highway Traffic Map for the Beaumont District of the Texas Department of Transportation shows a daily traffic count of 140,000 (one hundred forty thousand) at my location on IH 10. That is the largest by far on any highway in the Golden Triangle, Do we have odor, fumes, dust, noise and vibration? Yes we do but my operation is not the source with our traffic count of 4 trucks and 5 cars a dayM! 03124/ 1999 13:47 40'98985732 •� � TXDOT TRAFFIC OFFICE PAGE' 01 i .. 350 ti 29000 r �........ ", " 3 TO 780 1850 27000' t ' 131 I100 7300 '. 34 42000 am esI t 490' 11000 ORES PINE FOREST. 100 I [I o r , 9bc U00172 ME 4600 ITO 1 2000 +1000 132 10500 270 1140 W, 79000 64 YbOtIR. 200 9900 A9 7100 T000 1 q� d Location ,t0 '�'n � 72000 ED v410OD 4300 F/-�4S00 CRICK REAtI141,11 FIRM 110700 aEa r tfi000 SI 1997 .f FORT ARttRM� 4100i O15"llcr NI'OFMAY TRAFFIC MAP ,[ BEAL,IMONT D I'' STR I CT TEO% us „�,r DTJ411TpApAF 0, ?Dg"jth(MfETIQM TRtN5#h7RIATtON FL&MINC ELL A CRQCAI�'�1itNC. DtMi 74tM1 f:t,E 1M t4h "`I n wrwrrwr U.S. MOMENT dr TEAYEPOITA71OX JEFFERSON "n iC[3 EA" o 4 123 6.) That directional lighting will be provided so as not to disturb or adversely affect neighboring properties; No directional lighting at all. No price signs or identification signs. 7.) That there are sufficient landscaping and screening to insure harmony and compatibilit� with adjacent property, This property is bordered by 3 major street or highway access roads. Also according to your guidelines this can be waived under (b) 3 on page 93 of the Zoning Ordinance. v- am (c) (b) Perirne r an c in and Screenin When a commercial or industrial use is established on a lot Or premises located adjacent to any residential zoning district, or when any. multiple -family dwelling use is established on a lot or premises adjacent to any propel located in a single-family residential zoning district, a ten. foot width of landscaping open -space buffer strip shall be installed and maintained by the owner, developer or Operator of the commercial or industrial property between it and the adjacent residentially zoned property, In addition, an eight -foot high opaque fence or wall shall be erected and maintained along the property line to provide visual screening. The fence or wall shall be a wood or masonry diagonal, horizontal or vertical stockade type privacy fence, although the framing may be metal. In lieu of the fence, a thirty-foot wide landscaped buffer may be provided along the property line. The provisions of this paragraph shall not apply where districts are separated by a public street.. 2. In an open space buffer strip required under the terms of this section, not less than one (1) tree shall be planted and maintained for each twenty-five (25) lineal feet or portion thereof of said open space buffer strip. For a thirty (30) foot wide landscaped buffer, one (1) tree shall be planted and maintained for each two hundred fifty (250) square feet of landscaped buffer. Each tree shall be not less than six (6) feet in height immediately upon planting and shall have not ess t ound level. 3. When a Specific Use Permit is required, the landscape buffering and fencing required by Section 30-3 l T )may be modified or eliminated as a condition of a Spcific Use Permit. Q Parking L i scan,_ina: The owner, tenant, and/or agent of an off" -street parking area for any use shall be required to provide minimum total landscaped open spaces ,equal to not less than two hundred (200) square feet for parking lots less than or equal to four �. thousand (4000) square feet in area, not less than five percent (5%) landscaped open spaces for parking lots greater than four thousand (4000) square feet and up to 93 a That the proosed use is in accordance with the comprehensive plan. All activities at this location are in accordance with the comprehensive plan. Refer to the attached copy. Please let me operate my business. Take in consideration that this property has been commercial since 1965. That 2 major highways are less than 40 feet from my property. The traffic count is over 140,000 on IH 10 alone. Please look at our business and know that we are grandfathered to work on cars, trucks, tractors and buses. These vehicles can be worked on for 45 days at a time. If you take my rental business, the trucks will not go away, All you will do, is destroy my business of 20 years. r � J r k LF AI` %1P/ PM �Y m'GYiW'MYWk M1'NVViVI. w �ih �E"A'""' Otiwi Ima �" dJ11iVIW,/a M1 d01a4!Um j.1 M '..ilg';rR 'dn r'^�""� � . r ^"" a jTij,�w ar x t �r " " u^91PoiVlomiuum�NmuIUIWVIiw�w..a , " "' I w r a er u r ¢+F1Nnr»J�e .--.IwrNaii n -v h /f/ drQKfro'ff/ i';attvlwmlrr •. i u�//sr wxrfarorw anfimr»Iw�� wVnNirNii old mlo ailww „ F adwwwdwww,wr mrrwmu awuluwuuoty mvr�r. adrrFn remondmwtirrm ir'r'�tuwY�� ,!v'e C(s CL 0 w Q) qj a) ai E6 0 -a w 0) Q) co > Vi c ca 0 E C (D -0 0 (D 0 w CL Eco -0 C: C: =3 (D cn OA 'EL 'F w E -G r- = .1= c -0 0 0 — E co co — '0 0) :j 0 0 E 0 O)o r- Co 0 CL -gyp qx) a) W 0 W CL Er 0 ca L) Lu oi Oc 0 -(v 'Co cc x LIJ Rwp w Er Lij .21 z E C) 0) C: LU z ui 0 0 z . � fr Cl) F- L) (D LLJI aa CO — w U) co (U C: to 4) Ir c cr ccO 6 0 x Q) 0 -P > "o - o OLE) o CL �— z 0 Ct) w LU - C: Q C) Ir C) < D m ANALYSIS CONDITIONS FOR APPROVAL OF SPECIFIC USE PERMIT (SECTION 30-26.E, ZQNM QRDINANCE) Application Application is in is not in camleits 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 x 2. That the establishment of the specific use will not impede the normal and orderly development and improvement of surrounding vacant property; x 1 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 x 6. That directional lighting will be provided so as not to disturb or adversely affect neighboring properties; 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 x ANALYSIS continued This application is in compliance with the eight conditions necessary for approval. Comments on items 1, 5, 7 and 8 follow: I The proposed specific use permit to allow a full service station, truck rentals and the repair and service of cars and trucks will be a compatible use for this commercial tract on HI-10. Many of the land uses requested by the applicant are permitted as accessory uses to a full service gas station and as accessory to a general automotive repair shop. The selling and buying of new and used cars, however, is not a permitted use in the NC District as a primary use. 5. Almost all of the noise, dust, fumes and vibrations produced is a direct result of the truck, bus and car traffic on the Interstate freeway which abuts the subject property. 7. The applicant has requested a waiver of the landscaping requirements of Section 30-31. However, he has no need of a waiver since this site has been developed and in existence since 1966. Landscaping was not required until 1981. 8. The applicant's various business activities are in compliance with the elements of the Comprehensive Plan. GENERAL INFORMATION/PUBLIC UTILITIES F-11 -9 9 1 W 61 PROPERTY OWNER: LOCATION: EXISTING ZONING: EXISTING LAND USES: Heath Vaughn Enterprises - Ronald Clark Heath Vaughn Enterprises 3355 Gladys Avenue between IH-10 N. and Longfellow NC (original zoning was R-3, changed in 1984) 0.464 acres, more or less Service station, truck rental FLOOD HAZARD ZONE: "C" - (Minimal Hazards) GENERAL INFORMATION/PUBLIC UTILITIES continued SURROUNDING LAND USES: NORTH: Longfellow Apartments EAST. IH-10 N. SOUTH: Offices WEST: Single family development COMPREHENSIVE PLAN: SURROUNDING ZONING: RM-M and RM-H NC and GC -MD NC RS Activity Corridor (IH-10) STREETS: IH-10 North - southbound service road, Freeway., Pavement and right-of-way varies. Gladys Avenue - secondary arterial with a 80' right-of-way and a 40' pavement. Longfellow - a residential street with a 60' right-of-way and a 35' pavement. WATER: SANITARY SEWER SERVICE: FIRE PROTECTION: ADEQUACY OF SERVICE: PUBLIC NOTIFICATION Notices mailed to property owners 10 15" storm sewer in Gladys, 24" storm sewer in IH-10. 6"' water line in Longfellow, 16" line in Gladys. 6" sanitary sewer in Longfellow, 6" in Gladys. Fire protection is provided by Station #4, W. Lucas at Gladys Avenue. Existing services and utilities are adequate. Responses in Favor -. Responses in Opposition LEGAL DESCRIPTION FOR ORDINANCE PURPOSES Being Tax Tract 225-B, Plat D-16, A. Williams Survey, Ab-385, containing 0.464 acres of land, more or less.