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HomeMy WebLinkAboutPacket DATE: August 19, 2024 TO: Planning Commission and City Council FROM: Demi Engman, Director of Planning and Community Development SUBJECT: Consider a Rezoning from an RCR-H (Residential Conservation Revitalization — Historic) zoning district to an RCR (Residential Conservation Revitalization) zoning district and a Specific Use Permit to allow restaurants, professional offices, commercial retail, administrative offices, and a music studio. FILE: PZ2024-230 STAFF REPORT Tyler Wharton is seeking a Rezoning from RCR-H (Residential Conservation Revitalization Historic District) to RCR (Residential Conservation Revitalization) District and Specific Use Permit to allow restaurants, professional offices, commercial retail, administrative offices, and music studio at 660 North Seventh Street. Mr. Wharton has recently purchased the property and intends to renovate it to allow for smaller commercial developments to serve the unique historic area and its residents. 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." Staff recommends approval of the request with the following conditions: 1. The music studio shall adhere to Section 28.04.007 performance standards of the City's Code of Ordinances. 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 17 Responses in Favor Responses in Opposition LEGAL DESCRIPTION FOR ORDINANCE PURPOSES Being Lot 13 and the Western half of Lot 12, Block 5, Averill Addition, Beaumont, Jefferson County, Texas, containing .289 acres, more or less. ANALYSIS CONDITIONS FOR APPROVAL OF SPECIFIC USE PERMIT (SECTION 28-26.E, ZONING ORDINANCE) Application Application Discussion is in is not in in Staff compliance compliance Report 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: Tyler Wharton LOCATION: 660 N 7th Street EXISTING ZONING: RCR-H (Residential Conservation and Revitalization Historic District) PROPERTY SIZE: —0.289 acres, more or less EXISTING LAND USES: Commercial FLOOD HAZARD ZONE: X—Area determined to be outside the 500 year floodplain. SURROUNDING LAND USES: SURROUNDING ZONING: NORTH: Commercial RCR-H (Residential Conservation and Revitalization Historic District) EAST: Residential RCR-H SOUTH: Residential RCR-H WEST: Commercial RCR-H COMPREHENSIVE PLAN: Stable Area STREETS: North Street—Local street with a 60' right-of-way and 38' pavement width. 7th Street—Major Collector- Urban with a 60' right-of-way and 28' pavement width. DRAINAGE: Curb and gutter WATER: 8" water line along 3rd Street. SANITARY SEWER SERVICE: 6" sanitary sewer line PROPERTY OWNERS NOTIFIED WITHIN 200 FEET LOZA GERARDO WHARTON TYLER KIZZIAH THOMAS PINKSTON RICKY EARL GATLING OLIVE F OLD TOWN INVESTORS GRICE IAN S MEDRANO JOSE L K& K J PROPERTIES LLC MOAK T W SR STONE JAMES W AC PHAROS LLC BEAUMONT ISD WHARTON TYLER GOLDEN TRIANGLE REI LLC DUGAS JANE & LANCE D JONES LOZA GERARDO BUMONT Planning & Community Development Case Type:Planning and Zoning Case Status: PAY FEES Case Sub Type: Specific Use/Rezone Tag Name: requesting blanket SUP for 8 unit Case#: PZ2024-230 building. light retail. Location: 660 N 7TH ST, BEAUMONT, TX Initiated On: 7/25/2024 7:38:32AM 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#: PZ2024-230 Printed On:7/25/2024 K : AIJMANT Planning & Community Development Legal Description AVERILL ALL L13&W1/2 L12 B5 630-680 7TH N ST Number of Acres 0.29 Proposed Use light retail, uses listed in letter That the specific use will be I believe changing the use will allow a broader range of Buisnesses compatible with and not injurious to that I can target and bring to the area for a much smoother opening the use and enjoyment of other process without the need for 8 different sups. property, nor significantly diminish or impair property values within the immediate vicinity That the establishment of the specific the specific use will dramatically improve the currently under utilized use will not impede the normal and building and bring more traffic off of calder and expand on the orderly development and improvement improvement the area has recently seen. of surrounding vacant property; That adequate utilities, access roads, the building has the utilities on and in good working order with ample drainage and other necessary service for any future Buisness. supporting facilities have been or will be provided The design, location and arrangement the property has 9 parking spaces in the rear including a handicap of all driveways and parking spaces spot, I also own properties to east and west that I can supply a provides for the safe and convenient additional 40 spots within 50 ft.The building has 8 entrances in the movement of vehicular and pedestrian front off the sidewalk and rear. traffic That adequate nuisance prevention this will be light retail with everything being kept indoors. as the measures have been or will be taken owner I will enforce strict rules to keep the building professional and to prevent or control offensive odor, of no issue to the neighborhood. fumes, dust, noise and vibration That directional lighting will be the building has small existing lighting in the front and rear that has provided so as not to disturb or caused no neighboring problems and no changes will be made. adversely affect neighboring properties That there are sufficient landscaping the property currently has a chain link fence on the east and south and screening to insure harmony and side. as of now. no hcnges will be made compatibility with adjacent property That the proposed use is in it is in accordance with the plan and will enhance the street,. accordance with the Comprehensive Plan Notes: Case Type:Planning and Zoning Page 2 of 2 Case#:PZ2024-230 Printed On:7/25/2024 I Tyler wharton property owner requests a rezoning to RCR for property at north and 7th. Addresses include 630-680 N 7th st, and 2289-2293 North st. Beaumont Tx Proposed use. 1 . Eating places/tasting room 2. Insurance agency 3. Law firm 4. Buisness admin services 5. Home health 6. Health and wellness 7. Light retail stores Planned tenants on approval include Yoga studio(Love yoga), vinyl record store, phlebotomy school. Possible future tenants, tea/coffee shop(no food), resale shop, and a music studio. Proposed building hours would be Monday through Saturday 9-6 Tyler Wharton, twhartoncre@gmail.com 409-998-9510 NOTF• I • 1.NOTHINt IN THIS SURVEY IS INTENDED TO EXPRESS AN OF EGARDING OWNERSHIP OR TITLE. 2.THE WORD CERTIFY IS UNDERSTOOD TO BE AN EXPRESSII 'ROFESSIONAL JUDGMENT BY THE SURVEYOR, WHICH IS BASED ON HIS BEST KNOWLEDGE, If.._..._...ON AND BELIEF, FORMED IN THE ----aiej\ COURSE OF HIS PERFORMING THE SURVEY IN COMPLIANCE WITH THE STANDARDS OF PRACTICE o REQUIRED AND PROMULGATED BY THE TEXAS BOARD OF PROFESSIONAL ENGINEERS AND LAND u SURVEYORS AND THE TEXAS SOCIETY OF PROFESSIONAL SURVEYORS. AS SUCH, IT CONSTITUTE NEITHER A GUARANTEE NOR A WARRANTY, EXPRESSED OR IMPUED. LOTS 14, 15& 16 �' �'' W 3.ALL SET 5/8•IRON RODS SET WITH A CAP STAMPED •WHITELEY. I OLJVE F. OATUNG J CF NO. 2017043057 I Q Vol\5 OPRJC V�\4 N y FRAME I i N '' WOOD& FRAME WOOD&BUILDING 'I I LEGEND ‘ BUILDING g .' I ( 84.t0, I ��,[.' FND S90 00'00"W 84.10' SET SCRIBED ID POWER POLE \ \ \ • • • • ._._.-1 I w_w— %•IN CONC. —v —WOOD FENCE • SET 5/8•1.; /—I v ,v —v T$p, —ar—CHAIN LINK FENCE L ROD 0.32'r' ° I COI _S 2.13]F —•—•—PIPE RAIL —ME—OVERHEAD ELECTRIC I`° R• I --r —OVERHEAD TELEPHONE : ! O — — —ORIGINAL LOT LINE I I CONCRETE .;,., P ° • fi I. ,r !.y , I c s,t I _ o o WP :2 . , ,. I COVE W ga 3 • i C lL$ CC �o °; e i LOT 13& 1.56' . '6 • =C�& "o , U W.1/2OF LOT 12 o h S c I 1 0 c i1 ,; „ i, (AC'ee BLOCKS oo- _ - fA } 16.30' I 1 ` ' RICKY EARL PINKSTON Z I— p 1 I CF NO. 2015024392 p CZ Z I OFPJC Z 0 'J LL 1 to I 1 LL Zv ,n f CV 0 h I. ti n F oo q' I WCCOOMMERCCIALLFRAME N 'y. _,M,o: B oo O f BUILDING �dNL1 ,,,c1 O �NV'N$ I S '8 _ ��cs= la 2== u b 5 3 oL.,_ 0 w 3 6 w� I 0 8 1 i p•T V0 N.0 Vdt `G ' 'Vot • & Vot S . I .' IW� '-°.' I 1.72' FND 1/2• FND 1/2' I I FNU'1%2•,.. I L PIPE I. ROD rND 1 4/ET: SCRIBED 6 q�y 11 s r ' nxnrs s s suaas IN CONC. END N89'52'48•E 74.87' END N9O00'00•E 274.59' \ , (CALL 75.00') ' /}(CALL 275.00') 04—cs+e— .h—_—ae— REFERENCE BEARING ASSUMED '_ FND N90'O''OO"E 8'4.10" #i 4 / NORTH STREET (CALLED VA(LLB S AVE PER PLAT) TO THE OWNERS OF THE PREMISES SURVEYED 630 N. 7TH Sile_tl AS OF THE DATE OF THE SURVEY: BEAUMONT,TEXAS 77702 I,MICHAEL L CHOATE DO HEREBY CERTIFY THAT THIS SURVEY WAS THIS DAY Lot Number Thirteen (13) and the West One—half MADE ON THE SURFACE OF THE GROUND OF THE PROPERTY LEGALLY DESCRIBED of Lot Number Twelve (W. 1/2 of 12) in Block HEREON AND IS CORRECT. I FIND NO DISCREPANCIES, SHORTAGES IN AREA, Number Five (5) of AVERILL ADDITION to the City ENCROACHMENTS OR OVERLAPPING OF IMPROVEMENTS ON THE SURFACE OF THE of Beaumont, Jefferson County, Texas, as the GROUND, EXCEPT AS SHOWN HEREON. ALL RECORDED EASEMENTS SHOWN AND same appears upon the map or plat thereof, on NOTED PER SUTTON LAND OF TEXAS, LLC G.F. No.SL-014198 file and of record in Vol. 1, Pages 131 & 132, DATE SURVEYED: JULY 1, 2024 ` Map Records of Jefferson County,Texas. "F' ....... Owner.T.W. Caller, LLC •�P._G1 Fo 7 5. In accordance with the Flood Hazard I , Boundary Map, Department of Housing / MICHAEL L CHOATE . and Urban Development. A \ +,.a Community No.:485457 ' '// s"9 WF6693O÷P.:: Panel No.:0020 C //'' s/ fS 51_;--{ i Date of FIRM:8-6-02 MICHAEL L CHOATE — REGISTERED PROFESSIONAL e-'=?Ti 'l�ti'.. 6893 This property lies in Zone 'X'(white). "�� Location on map determined by scale on map. A W H I T E L EY Actual field elevation not determined. WhiteleyInfrastructure Group does not warrant nosub nor subscribe to the accuracy or scale of said maps. I INFRASTRUCTURE GROUP �* Texas Engineering Firm No.F•2633 Zone •X• (white) ore areas determined to be Texas Surveying Firm No.10106700 outside 500—Year flood plain. p Louisiana Surveying Finn No.VF0000874 Z wed 655 Langham Road,#14,Beaumont,Texas 77707 d porAdms4 w~M»�h Sm.pnp..a 51,6�y r* bcae.. t+1 409-892-04211 www.whiteleyinfra.com e�6^0t m a a „• ^• J w i WMWM tie oriaai=of M k*H,a6uc8n Oran M w•\nanurrpMr\nnn\ns_M55\'A—n t55 nwn\WI Y PZ2024-230: Request for a Rezoning from DrO-H (Residential Conservation Revite--'ion - Historic) to N RCR (Residential Conservation Revitalizati and Specific Use Permit to allow for :aurants, professional offices, commercial retail, administrative offices, and music studio. Applicant: Tyler Wharton Location: 660 N 7th Street 0 100 I 1 I Feet R-S' , Mims� µ — ,P111,. ..,q. ,itzr !. $ ; !- HARRISON R _ — Legend -- •-,,:aiiii' ',111 i R- %✓j PZ2024-S 1111_ IL -r _ l R-S RCR 111 r H*ZEL a. R-S k R-S Ivl R-S - r ,. ',;,:tf 1 RCR-H 1 RCR-H rl ' 1 4. RCR-H i I I ., i.. NORTH I \ 4 ti 2 = RCR=H .\:-\ I / RCR-H RCR-H \ k\ \ — \ _ — _ MCFADDIN lJI2I . _ 1 , r GC-MD GC-MD . - - CALDER — I GIC M __ j \- GC-MD I G C-MD I. 1 i I RCR-H RCR-H R-�R-