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Home My WebLink About1368-PDATE: August 18, 1997 TO: Planning Commission and City Council FROM: Stephen C. Richardson, Planning Director SUBJECT: Consider a request for a specific use permit to allow a residence to be converted into the offices of a law firm and a separate parking lot for property lying in the RCR (Residential Conservation and Revitalization) District, STAFF REPORT The law firm of Chambers Templeton and Cashiola wish to purchase the two-story brick home located at 2090 Broadway and Fifth Street for their firm's new offices. The firm also wishes to acquire and use an existing parking lot located across from the house. The lot would be used by employees and clients. The residence was once owned by the Catholic Diocese and was the residence of the Most Reverend Bernard J. Granter. The house's most recent use has been a private residence. The house is listed in the S.P.A.R.E. Beaumont inventory as an Italian Renaissance Revival structure, probably built around 1929. The property was originally zoned R-3 in 1955 and rezoned to RCR after the "Old Town Rezoning Study" in 1989. Non-residential uses are required to have the approval of City Council after a joint public hearing of the Planning Commission and City Council. This specific use permit request complies with seven out of eight conditions necessary for approval. Regulations would normally require an 8 foot tall screening fence along the east side of the house and along the east and south sides of the parking lot. Landscaping and/or fencing currently exists. If this application is approved as submitted, a modification to the landscaping and screening requirements will need to be granted. Wheelchair access must be demonstrated with approved plans prior to any change in land use. Exhibits are attached. PUBLIC NOTIFICATION Notices mailed to property owners 25 Responses in Favor . Responses in Opposition LEGAL DESCRIPTION FOR ORDINANCE PURPOSES Lots 4, 5 and 6, Block 14 and Lot 7 and the west'/x of Lot 8, Puck 7, McFaddin Second. Addition, containing 0,72 acres, more or less. KENT CHAMBERS MITCH TEMPLETON RANDAL CAS1110LA JUDYLYNN RVALL CHAmr,,RS TrmPLE.TON CASHIOLA, L.L.P. ATTORNEYS AT LAIN' 223 Orleans Beaumont, TX 77701 July 29, 1997 The Planning Commission The City Council Planning Division, Room 210, City Hall! 801 Main Street City of Beaumont, Texas 77701 2 9 IN7 Phone (409) 835-5800 Fa\ (409) 835-5880 Eillail;etcllp@exp.net Re: Lot Nos. 4, 5 and 6 of Block 14 & Lot 7 and W 1/2 of Lot 8 of Block 7, McFaddin 2 Addition, including the house and all improvements thereon (address is 2090 Broadway) Ladies and Gentlemen: Please accept this letter as the formal request of Chambers Templeton Cashiola, L.L.P., to obtain permission from the Planning Commission and City Council to use the above -referenced property for the purposes of conducting its law practice at said location. Enclosed with this letter is our Specific Use Permit Application as well as our firm check in the amount of $350.00 to cover the appropriate application fee. We have entered into an earnest money purchase contract with the owners of the property, Carl and Lauren Robbins, with our ultimate purchase of the property conditioned upon the granting of the specific use permit which we seek by this application. We would like to generally advise the Planning Commission and City Council that our intentions are to protect and preserve the beauty and architecture of the house and improvements as they currently exist. With this letter and this application, we hereby represent to the Planning Commission and the City Counsel that the eight conditions set forth under §30-26,E will be met with the granting of the specific use permit which we request: (1) Our use of this property as our law offices will not be injurious to the use and enjoyment of other property and will not significantly diminish or impair property values within the immediate vicinity. For example, across the street from the subject property is a house containing the offices of Herbert Philip Insurance and Colonial South Apartments rental office. Next door, to that business is a house' which has been converted to the The Planning Commission The City Council July 29, 1997 Page 2 Church of St. John., On the corner of Third and Broadway, just two blocks from the property which we intend to use as a law office, is a residential structure which is currently being used by attorneys James Makin, Marilyn Adams and Thomas Burbank, as their respective law offices. The remaining businesses in the three -block area between Fifth and Broadway and Second and Broadway -- all fronting on Broadway -- include the Holistic Health Center, a duplex, the Broadway Square Apartments, the Hallmark Professional Building, Broussard Chiropractic Clinic, and the offices of American General Insurance Company. Please note that directly to the west of the property is an apartment complex which is in very poor condition. So, while our use of the house will be compatible with other businesses in the immediate area, our preservation of the current architecture and landscaping will serve to protect the integrity of the neighborhood from a residential and commercial perspective, and to keep values stable. (2) The establishment of this property as our law offices will not impede the normal and orderly development and improvement of surrounding vacant property. It appears that only two vacant lots are in the immediate vicinity of the property, and those lots are the northwest and southwest corners of Fifth and Broadway. Since our law practice is focused primarily on personal injury defense, there will be not significant traffic generated by our use of the property. We never encounter any unusual traffic needs as would a typical commercial or retail operation. Again, our use of the property as a law office, will be hardly noticeable to the property owners in the area. (3) More than adequate utilities, access roads, drainage and other necessary supporting facilities exist for our purposes. (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. Curbs, gutters and sidewalks are all in place for easy public access to our premises. In addition to the 15-car parking lot, there is parking for at least two more vehicles behind the house in the garage. We add here that we calculate the house has 4500 square feet of usable interior space. The parking lot currently meets City requirements in number of spaces, and we will insure that handicap parking access is provided in all respects as set forth by applicable codes. The Planning Commission The City Council July 29, 1997 Page 3 (5) Adequate nuisance provision measures have been taken to prevent or control offensive odor, fumes, dust, noise and vibration. The use of the house as our law office will produce no odors, fumes, dust, noise or vibrations, so nuisance prevention is inherent within the use of this property as our law offices. (6) Directional lighting, if provided, will be done so as to not disturb or adversely affect any neighboring properties. We are considering security lighting, but will ensure that such lighting is pointed to the interior boundaries of our property, and so as not to shine into the yards, windows or doors of any adjacent property. (7) There is sufficient landscaping and screening to ensure harmony and compatibility with all adjacent property. One of the most attractive features to this property is the, landscaping and tiered nature of the yard. Beautiful oak trees which surround the parking lot and the house will remain, as well as all of the landscaping, features. (8) The proposed use is in accordance with the comprehensive plan. It is consistent with the conservation and revitalization of all aspects of the neighborhood, and our firm looks forward to sharing in the responsibility and goals which have been undertaken by the Planning Commission, the City -Geunsel—.and the citizens of Beaumont in this regard, C-Ouocic We welcome the opportunity to present our application to the Planning Commission and the City Courl$&—,-and if any of you have any questions or comments, please do not hesitate to call. For the Firm RGC:gkm Attachments CHAMBERs Tr,,mPLFTON CASHIOLA, L.L.P. KENT CHAMBERS MITCH TEMPLETON RANDAL CASHIOLA JUDY LYNN RYALL ATTORNEYS AT LAW 223 Orleans Beaumont, TX 77701 August 12, 1997 Phone (409) 835-5800 Fax (409) 835-5880 Email: ctcllp @ exp.net RE: Lot Nos. 4, 5 and 6 of Block 14 & Lot 7 and W. 1/2 of Lot 8 of Block 7, McFaddin 2 Addition, including the house and all improvements thereon (address is 2090 Broadway) Mr. Murray Duren City of Beaumont Planning Division, Room 210 City Hall, 801 Main Street Beaumont, Texas 77701 Dear Mr. Duren: I apologize for any delay in getting this letter back to you based upon our conversation last week regarding Zoning Ordinance 30-31B. In that connection, we very respectfully request a modification to this zoning ordinance to allow all existing fencing to remain as is, since the existing fencing maintains an acceptable separation between the lots. Additionally, this is to assure you, the Planning Division and the City Counsel that we will maintain the existing landscaping of the lots and the parking lot in our continued commitment to comply with all applicable ordinances. Finally, please let this letter serve as our assurance that all necessary ramps will be put in place to allow handicap access from the parking lot. If you have any questions or comments, please do not hesitate to call. Randal Cashiola RC:bv CITY ALI G J- 4 1997 FROM Long Magnuson Architects Inc PHONE NO. : 4098663603 Jul. 28 1997 03.*3?PM P3 L761 tzsT 2-1 (v o ArA?—T mv.-N-T Twt> i �Tct+!--y I $Q. i---V, M;JC T+ILE 1368-P: bequest for a specific use permit to allow law offices and parking lot or the - law offices an an RC R District, Location: 2090 Broadway at Fifth Street N r Applicant. Chambers Templeton Cashiola, L.L.P. 9 tt7 td tt tJ t1 TS tadD T4,77.,", 76 ew to I tr I tt I tJ I t4 I tS I is ' 1• a " I' P- I- I 5U r a S + J t A f t!7 TA tt PJ t4 tJ Td f `tomr N t' to !d ,rp`i rn - 10 r L.La a ' 9 C r{y • r! !t .J\ s� Y I ' I i 1 ra L 1-1,71 NORTH � SCALE I 1 "-2 00' ' 6 S E .Y T F d S CALDER AVE. ,,9 • II xi r a 9 110 �9 r9 SUBJECT �.s BROADWAY " JN a 9 to it a L 0 '� a , S N J t Y A E aL 319 LIBERTY AVE. rQ rm w- a(? - 11 10, 50 - Ica so k r a g rp rF rt c r / fr Y4 r! rT .. r N N +o Fr dt. Pr E, 5 d S t ✓ 6 S .I J t A 1 e t 50 LAUREL AVE'. i » . -- 6U .SO ,. ' .5C! 69 ' d I I J t 1 r"" 0 3C1 d S 4f S f ! i / 9 YO YA At ti! ao I_.. 50 V `. -O� .5U - 11 �`. 50 .. tia ! S r �r ANALYSIS CONDITIONS FOR APPROVAL OF SPECIFIC USE PERMIT (SECTION 30-26.E, ZONING ORDINANCE Application Application is in is not in CMyrrals 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 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 necessity 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 aft'ecting 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, flames, dust, noise and vibration; x 6. That directional lighting Nvill 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 S. That the proposed use is in accordance with the Comprehensive Plan. x ANALYSIS continued This application is in compliance with seven of the eight conditions necessary for approval. Comments on items 1, 4 and 7 follow: Broadway between Fourth and Fifth Streets contains a variety of land uses. Over the years since original residential development in the early part of the century, land use transitions in the neighborhood have evolved. There are offices along Fourth Street at the Broadway intersection. There are apartments, a church (conversion of a residence), an insurance office and the existing parking lot located across the street from 2090 Broadway. The twenty-one hundred block also contains mixed uses. The, conversion of this large brick residence to a law office will be compatible in the neighborhood. 4. The site plan shows the handicap parking space across the street from the residence. Prior to the city issuing any permits on this structure for a change in use, the new owner will have to provide an acceptable plan for total wheelchair access into the building, The handicap space may be relocated to an area on the site of the building or ramps may be cut into the curbs of the street. 7. The existing fence in the back yard is six feet in height. Regulations normally would require an 8 foot tall screening fence along the east side of the house and the east and south sides of the parking lot. The entire rear yard is fenced (6 feet) and landscaped and there are several large oak trees and flower beds in the yard. The parking lot is, surrounded by large oak trees. The applicants ask that, they not be required to add additional landscaping or fencing or, increase the existing fence from six to eight feet on the east side of the property, The rear of the tract abuts commercial zoning on the north. The parking lot has been in existence for years and was used by visitors of Bishop Ganter's. This is a reasonable request. GENERAL INFORMATION/PUBLIC UTILITIES APPLICANT: PROPERTY OWNER: STATUS OF APPLICANT: LOCATION: LEGAL DESCRIPTION: Chambers Templeton Cashiola, L.L.P. Carl Allen and Lauren Robbins Prospective buyer 2090 Broadway Lots 4-6, Block 14 and Lot 7 and west 1/2 of Lot 8, Block 7, McFaddin Second Addition. GENERAL INFORMATION/PUBLIC UTILITIES continued EXISTING ZONING: RCR (Residential Conservation and Revitalization) District PROPERTY SIZE: EXISTING LAND USES: 12 CI Me Cyoli .1-1. INP461121 SURROUNDING LAND USES: NORTH: Commercial (along Calder) EAST: Large two-story frame residence SOUTH: Mixed uses (apartments, office, church, vacant lots) WEST: Vacant lot, apartments, residence COMPREHENSIVE PLAN: OTHER PHYSICAL FEATURES: 0.72 acres, more or less Vacant residence, garage apartment, parking lot "C" - Minimal flood hazard SURROUNDING ZONING: GC -MD (General Conimercial-Multiple Family Dwelling) District RCR RCR RCR Conservation and Revitalization None Broadway, a residential 70'wide right-of-way with a 27wide pavement, Sidewalks on both sides of the street, Fifth Street - a 60727' street. Sidewalk along subject tract. DRAINAGE: There is a 24"' storm sewer in the Broadway right-of-way and an 18" storm sewer in Fifth Street. WATER: SANITARY SEWER SERVICE: FIRE PROTECTION: There are 6" water lines in Broadway and Fifth. There is a 24" sanitary sewer in Broadway and a 12" in Fifth, Fire protection is from Station No. 7, 1700 McFaddin, ADEQUACY OF SERVICE: Services and utilities are adequate. BEAUMONT, TEXAS HISTORIC SITES INVENTORY FORM - BEAUMONT HISTORICAL LANDMARK COMMISSION JEF County JEFfERSON 5. USGS Quad No. 3094-111 Site No. 427 City/Rural BEAUMONT BMT 6. Date: Factual Est. c. 1929 2. Name Address 2090 Broadway 7. Architect/Builder Contractor 3. Owner Ganter, Bernard J..Most Reverend 8. Style/Type Italian Renaissance Revival Address Diocese of Beaupont, P.O. Box 3948, Beaumont 77704-3948 9. Original Use DOMESTIC/Single Dwelling 4. Block/tot McFaddin 2 Lots 4-6 Block 14 SE 2-3 Present Use DOMESTIC/Single Dwelling_ 10, Description: Two-story brick with hipped tile roof, exposed roof rafters, two interior chimneys. Six symmetrically spaced six - over -one sash on second story. Central hipped entry porch with paired Doric columns at each corner. Centered wood paneled door with sidelights and' fanlight between two sets of symmetrically spaced triple six -over -one sash, with brick lintels in a Palladian motif. Two-story brick wing with hipped the roof. Two six/one sash on second story above triple stained glass window on first story. 11. Present Condition Good. The house is structurally sound and well -maintained. 12. Significance: The house is a good example of Local adaptation of the Italian Renaissance style and is representative of housing built by wealthy Beaunont residents after the second Spind(etop boom. 13. Relationship to Site: original 14. Bibliography Moved - Date (Describe original Site) 15. Informant 16. Recorder D. Bush Date 07-28-89 PHOTO DATA Black and white 35, m negative YEAR DRWR ROLL FRME ROLL FOE 89 L 14 113 to LVAIATITA ORDED BY: D. Bush DATE: