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Home My WebLink AboutPacket DATE: August 19, 2024 TO: Planning Commission and City Council FROM: Demi Engman, Director of Planning and Community Development SUBJECT: To consider a request for a Specific Use Permit to allow a tool rental and equipment rental store in a GC-MD (General Commercial — Multiple-Family Dwelling) District. FILE: PZ2024-228 STAFF REPORT Tyler Wharton is requesting a Specific Use Permit to allow a tool and equipment rental store at 3105 Eastex Freeway. This property previously operated at a used car dealership and has an existing office, concrete parking, fencing and lighting. The applicant will offer selling and leasing of tractors, trailers, and hand held construction equipment. According to the City's comprehensive plan this property is located within a "Stable Area". Such areas are "Built up areas which are generally characterized by good to excellent structural conditions and neighborhoods that are free from blighting influences such as incompatible land uses, dilapidated and delict buildings and a deteriorated or poor public infrastructure. Vacant parcels which may exist are good to excellent development sites." The development of the site would be similar to the existing developments to the north west, and would "infill" a commercial gap along Eastex. Staff recommends approval of the request with the following conditions: 1. Any construction plans must meet all requirements by Water Utilities for water and sanitary sewer services, including any requirements of the City's back-flow pre-treatment and/or FOG program. 2. Any construction plans shall comply with all applicable Fire and Building Codes. 3. Any installed lighting shall be diverted from residential uses to the west and south. Please note that final occupancy approval is subject to review and acceptance of submitted plans and field inspections to verify compliance with applicable codes. Exhibits are attached. PUBLIC NOTIFICATION Notices mailed to property owners 12 Responses in Favor Responses in Opposition LEGAL DESCRIPTION FOR ORDINANCE PURPOSES Being Lot 2, Tracts C-D, Block 1, French Heights Addition, Beaumont, Jefferson County, Texas, containing .692 acres, more or less. ANALYSIS CONDITIONS FOR APPROVAL OF SPECIFIC USE PERMIT (SECTION 28-26.E, ZONING ORDINANCE) Application Application is in is not in Comments compliance compliance Attached Conditions: 1. That the specific use will be compatible with and not injurious to the use and enjoyment of other property, or significantly diminish or impair property values within the immediate vicinity; 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 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 8. That the proposed use is in accordance with the Comprehensive Plan. X GENERAL INFORMATION/PUBLIC UTILITIES APPLICANT: Tyler Wharton PROPERTY OWNER: W Firma LLC LOCATION: 3105 Eastex Freeway EXISTING ZONING: GC-MD (General Commercial —Multiple -Family Dwelling District) PROPERTY SIZE: .69 acres EXISTING LAND USES: Vacant FLOOD HAZARD ZONE: X—Area determined to be outside the 500 year flood plain. SURROUNDING LAND USES: SURROUNDING ZONING: NORTH: Feeder Road NA EAST: Highway NA SOUTH: Residential R-S (Residential Single Family Dwelling) WEST: Vacant RM-H (Residential Multiple Family— Highest Denisty) COMPREHENSIVE PLAN: Stable Area STREETS: Eastex Frwy southbound feeder road — Freeway with varying right-of-way and pavement width. Blackmon Lane— Local street with 60' right-of-way and 34' pavement width. DRAINAGE: Curb and Gutter WATER: 6" Water line SANITARY SEWER SERVICE: 8" Sanitary sewer line PROPERTY OWNERS NOTIFIED WITHIN 200' YJ VENTURE LLC SHAVER FAMILY PARTNERS LTD UDI PROPERTY PALMOUR RONALD R SMITH MARTIN EDWARD & FULBRIGHT JUDY EDITH ESTATE BENCOWITZ CATHY SHAVER FAMILY PARTNERS LTD SHAVER FAMILY PARTNERS LTD W FIRMA LLC ROBERTSON CAATHERINE MRS ESTATE BROWNE SCOTT WILLIAM BZAUMONT Planning & Community Development Case Type:Planning and Zoning Case Status: PAY FEES Case Sub Type: Specific Use Permit Tag Name: requesting SUP for an equipment rental Case#: PZ2024-228 and sales facility Location: 3105 EASTEX FWY, BEAUMONT, 77706 Initiated On: 7/24/2024 3:41:30PM Individuals listed on the record: Applicant tyler wharton Home Phone: 2467 calder st Work Phone: beaumont,TX 77702 Cell Phone: 940-535-4196 E-Mail: twharton@hotmail.com Property Owner tyler wharton Home Phone: 2467 calder st Work Phone: beaumont,TX 77702 Cell Phone: 940-535-4196 E-Mail: twharton@hotmail.com Agent tyler wharton Home Phone: 2467 calder st Work Phone: beaumont,TX 77702 Cell Phone: 940-535-4196 E-Mail: twharton@hotmail.com Case Type:Planning and Zoning Page 1 of 2 Case#:PZ2024-228 Printed On:7/25/2024 I Tyler wharton property owner requests specific use permit for an equipment rental and sales facility for 3105 Eastex Fwy, Bmt .69 acre. The property was Formally a used car dealership. The entire property is concrete, fenced, and lighted. Proposed use Selling and leasing light equipment, Tractors, backhoes, small lowboy trailers 20ft and dump trailers 16ft and possibly include light handheld equipment. Our proposed hours would be Monday through Saturday 8-4pm Tyler Wharton, twhartoncre@gmail.com 409-998-9510 Building Sketch Client Tyler Wharton Property Address 3105 Eastex Fwy City Beaumont County Jefferson State TX Zip Code 77706 Appraiser Brett Shelander 3105 Eastex Fwy. 0io i1/4 1 W T 1 Handicapped M Office o EM ctg4 1 Blackmon Ln. TOTAL Sketch by a la mode,Inc Area Calculations Summary Form SKT.BLDSKI-"TOTAL"appraisal software by a la mode,inc.-1-800-ALAMODE PZ2024-2228: Request for a Specific Use Permit to allow commercial equipment rE I and sales within N the GC-MD (General Commercial - Multi amily Dwelling) zoning district. Applicant: Tyler Wharton Location: 3105 Eastex Freeway 0 300 I i I Feet \ R-S ,D Legend: -- ,v GC-MD Vz WVILL►JWUOD ` __----m P72024-228 I I I ,*%t ,,O Ail rn R.Is—F1 4. F r' . ,�. t RM-H . .. GC-MD a;: C3", E , I I I ;` V f R-S, / R-S R-S ,- \ RM-H ; I R-Sj RM-H/ l, GC-MD/ M '1'4' * BLAC -_l - , , , T BLACKMON , f ,_ - 1 1 1 GC-MDR i t 3 4 14 V a) ah„ -\ i = LIGHTFOOT {- I' G2 GC-MD RM-H R-S a ` GC-MD C/2 Milli 111 RCS ` <[RM-H Z - • -NC '''; R E, ®� - U ®_ µ, r n DELAWARE _ f RM-H 71 GC-MD M-H �It® NC ''dill. ,