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HomeMy WebLinkAbout1409-PR� DATE: May 18,1998, TO: Planning Commission and City Council FROM: Stephen C. Richardson, Planning Director SUBJECT: Consider a request for a specific use permit to allow a consignment shop for retail sales of used women's and children's clothing, and a business office for a graphics and business forms firm in an existing structure at 2251 McFaddin Avenue, zoned RCR (Residential Conservation and Revitalization) and in the Oaks Historic District. FILE: 1409-P STAFF REPORT Mr. and Mrs. Cabeen wish to open a shop to sell used clothing on a consignment basis inside what was once a residence at 2251 McFaddin. They also have a graphics and business forms business. Off-street parking will be provided next door on an existing parking lot. The graphics office will use one room in the house. Four rooms will be devoted to the sale of clothing. In addition, a portion of the house is used to home school the applicant's children. Hours of operation will be 10 a.m. to 5:30 p.m., Tuesday - Friday and 11 a.m. to 4 p.m. on Saturday. The consignment shop will be closed Sunday and Monday. No external additions or alterations other than allowed signage are proposed. The lot is landscaped. There is a 6' chainlink fence along part of the east property line and a 6' wood fence along the rear or south property line. An 8' tall solid fence or wall and a 10' wide landscape strip are required along the west and south property lines. The applicants propose no new fencing or landscaping. If this specific use permit is granted, City Council will need to grant a modification to the landscaping/screening requirements, PUBLIC NOTIFICATION Notices mailed to property owners 14 Responses in Favor . Responses in Opposition LEGAL DESCRIPTION FOR ORDINANCE PURPOSES Building: : Lot 10 and the east 1/3 of Lot 11, Block 4, Averill Addition to the City of Beaumont, Jefferson County, Texas, containing 0.229 acres, more or less. Parkin : Lots 7, 8 and 9, Block 4, Averill Addition April! 22, 1998 Planning Commission and City Council Beaumont, Texas Dear Sirs: ARC _94 1998 I am hereby requesting approval of the enclosed Specific Use Permit for a consignment CL shop, Seemingly New Consignment(SN located on the property at 2251 McFaddin, Qjc) Beaumont, Texas. I Jo ww­ -T!UtL - -s A, 0) As required by zoning ordinance, the following is submitted for your consideration. I Condition One: I believe that SNC will be compatible with the other small businesses and residences in the nearby neighbor and improve the overall property value. Condition Two: This business will enhance the vacant property adjacent to ours and xvill not impede normal development of the neighbor. Condition Three: No changes in utilities are being proposed. Drainage of the property is to the -street and appears to -be adequate. Condition Four. No modifications are being made. Parking, driveways, and access to and from the business are sufficient for the anticipated cust-orner volume. Condition Five- The nature of a consignment shop does not represent any odor, fume, dust, noise or vibration nuisance. Condition Six: No directional lighting will be added nor changed. Condition Several All -landscaping and -screening- are-in-place-and-hasbeeen for numerous years. No significant changes are planned. Condition Eight: I believe that this business is in accordance with the comprehensive plan. Enclosed are two plans drawn to scale. The-buildingis- one-story in height and is approximately 18'tall at the roof line. The four rooms to be utilized for SNC is about 750 square feet. The balance of space is -addressed on the house plan, Only one st mctureexist5 on the property. There are four magnolias, a mature pine, and, one very large oak tree. All appear to be healthy con"pri, No trash storage facilities other than the cities preen garbage container- and blue recycle bin are to be used. The chain link-Ance on the -east- side -of the -property iW in-heigkand-is-owned-by the adjacent property owner. The wooden fence at the rear of the property is also 6'. No screening is on the property noris needed. Two signs are proposed and will be constructed, installed and located in accordance with See 30-28, City of Beaumont Code of Ordinance& The -detached sign -will -be located as indicated on overall site plan as well as one att -ached sign. A small "No Parking In Driveway" sign is attached to the fence by the driveway: Our future plans are to grow SNC so that within one to two years we,%,A] relocate to a larger facility. EncloseFd is a check for-$200.00 for the application fee. If additional information is desired please contact me at (409)833-1711/833-2299 during the day or 866-2661 In the evenings. Thank you in advance for your approval of this request. Sincerely, Clay Cti4cti, Jr. (.A 0 Clay and Judy Cabeen Ahhh! Graphics 2251 McFaddin Street Beaumont, TX 77701-1532 RE.' THE GRAND UNION PROPERTY #8030 SO!, BLOCK 4, LOTS 7, 8, 9 McFADDIN STREET, BEAUMONT, TEXAS Subject to the terms and conditions herein set forth The Grand Union Company ("Grand Union") does hereby agree that you may use the Property (the "Property") for parking in conjunction with the operation of your business on adjacent land upon the following terms: 1. You will pay Grand Union $125.00 per month, Z You will at your cost maintain the property, lawn, maintenance, weed control and rubbish removal, 3. You will name Grand Union on your liability insurance policy which shall also cover the property. 4. Either party may cancel this agreement on 30 days written notice to the other. Please indicate your Agreement by returning a copy of this letter to me in the enclosed envelope. THE D UNION C%PANY RaymoH. Ayers Vice President Agreed and Accepted this day of April, 1998 CA Clay tai6een U Judy Cabeen FAX 409-833-1'372 MCFADDINSTBEAUMONTTXAFC4698 THE GRAND UNIONCOMPANY 201 WILLOWBROOK BOULEVARD WAYNE, NEW JERSEY 07470-0966 (973)890.6000 a N I li , sC,A L.E PC Rc i-i k 0- 7z cl 7 r4 ti FILE 1409-P: Request for a specific use permit to allow a consignment shop (retail, used NORTH womens's and children's clothing) and an office for a graphics and business forms business in AL an RCR (Residential and Conservation and Revitalization) District. Location: 2251 McFaddin Avenue (existing frame residence) SCALE Applicant: Clay Cabeen, Jr. 200' 7 " rI, e 0 /10 Iff 10 17 IS j IP 0 V t r is r,0 I 'r te 50 'S{7 w d ( Sal -50 Z'/5 ¢ Pt 10 1 �j t5 NORTH 3 10 0 T a 14 r is JT M 19 to tl tt tJ P 4 14 f6 Mc A9011V SUB ECT ;2-1�'M -McFADDIN., 19, OP F . PARkNI., F-; Z 4 Z5 Zd Z 14 1:1 tt t4 W > L e W CALDER :sg 30 10 01 5 5 Z .9 j t MW 4 14 19 to f4 Z5 1',9R0ADW'AY An, BROADWAY 7 6 1 4 j r 0 GN A 6MV , .1 4 W 5 4 3 t V,6 P/0 JM CI e A4r /V 10 ANALYSIS CONDITIONS FOR APPROVAL OF SPECIFIC USE PERMIT (SECTION 30-26.E, ZONING ORDINANCE Application Application is in is not in Converts Compliance Compliance Attached 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 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 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 x 8. That the proposed use is in accordance with the Comprehensive Plan. x x ANALYSIS continued This application is in compliance with seven of the eight conditions necessary for approval. Comments on Conditions 1, 4, 7 and 8 follow: 1. The proposed use is compatible with the neighborhood. The 2200 block of McFaddin includes the following: single family residences, a duplex, apartment complex, a lab, a bed and breakfast and the parking lot at the rear of a furniture store housed in what was once a Weingarten supermarket. 4. Off-street parking is located on three lots abutting the east side of subject property. The applicant's have entered into a written contract with the owner of the three paved lots to utilize the spaces provided. The Traffic Engineer has stated that one handicap space must be created by the applicant. This space must provide wheel chair access to the building. This is a legal requirement, The Traffic Engineer also states that should the parking agreement be dissolved, then the specific use permit is thereby nullified. 7. The property is landscaped with several mature trees on the lot. The ordinance calls for 8' tall screening fences or walls along the south and west property lines and the installation of 10'wide landscaping buffers along the fences or walls. The applicants ask that no additional landscaping or fencing be required. 8, This area is a mixed land use neighborhood. Small business may be allowed in the RCR district which is also described in the Comprehensive Plan as an area of Conservation and Revitalization, GENERAL INFORMATION/PUBLIC UTILITIES APPLICANT: PROPERTY OWNER: STATUS OF APPLICANT: LOCATION: EXISTING ZONING: PROPERTY SIZE: EXISTING LAND USES: Clay and Judith Cabeen Harry Phelan Lessee 2251 McFaddin RCR (Residential Conservation and Revitalization) District 0.229 acres One-story frame residential structure GENERAL INFORMATION/PUBLIC UTILITIES continued FLOOD HAZARD ZONE: "C" - Minimal flood hazard SURROUNDING LAND USES: SURROUNDING ZONING: NORTH: Duplex, bed and breakfast inn, residences, RCR (Residential Conservation & Revitalization) District apartments EAST: Parking lot for furniture store RCR SOUTH: Two-story frame house, furniture store, GC -MD convenience store WEST: Residence, medical laboratory RCR COMPREHENSIVE PLAN: Conservation and Revitalization OTHER PHYSICAL FEATURES: None STREETS: McFaddin Avenue - a 60' wide residential street right-of-way with a 27'wide pavement with sidewalks., DRAINAGE: There is a 24" storm sewer in McFaddin Avenue. WATER: There is a 20" water line in the street. SANITARY SEWER SERVICE: There is a 6" sanitary sewer in the street. FIRE PROTECTION: Fire protection is provided by Station V, 1700 McFaddin Avenue. ADEQUACY OF SERVICE: Services and utilities are adequate for the intended commercial land use.