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HomeMy WebLinkAbout2379-Z/PDATE: April 15, 2019 TO: Planning Commission and City Council FROM: Chris Boone, Director of Planning and Community Development SUBJECT: Consider a request for a rezoning from RS (Residential Single - Family Dwelling) to GC-MD-2 (General Commercial - Multiple Family Dwelling -.2) District with a Specific Use Permit to allow a donut shop. FILE: 2379 — Z1P STAFF REPORT Faust Engineering and Surveying, Inc., is requesting a rezoning and a Specific Use Permit to allow a donut shop at 460 Threadneedle. The property is currently zoned both GC -MD (General Commercial - Multiple Family Dwelling) District and RS (Residential Single - Family Dwelling) District. Mr. Faust would like to rezone the portion of the property that is currently RS to GC- MD-2 (General Commercial - Multiple Family Dwelling - 2) with a Specific Use permit to allow the donut shop. The portion of the property that is currently zoned GC -MD fronts on M.L. King Pkwy. This portion of the property would not be large enough to accommodate a commercial business. By rezoning the additional two (2) lots to GC-MD-2, the property will have sufficient room for the business, all of the required off street parking and required landscaping as demonstrated on the site plan. Staff recommends approval with the following condition: 1. Construction plans must meet all requirements by Water Utilities for water and sanitary sewer services, including requirements of the City's pre-treatment program. 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 32 Responses in Favor Responses in Opposition LEGAL DESCRIPTION FOR ORDINANCE PURPOSES Being Lots 6-7, Block 5, Cloverdale Addition, Beaumont, Jefferson County, Texas, containing 0.282 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, 8. That the proposed use is in accordance with the Comprehensive Plan. X VA GENERAL INFORMATION/PUBLIC UTILITIES APPLICANT: Faust Engineering and Surveying, Inc. PROPERTY OWNER: Rithy and Tameth Sous DBA Happy Donuts LOCATION: 460 Threadneedle Street EXISTING ZONING: GC -MD (General Commercial — Mutiple Family) & RS (Residential — Single Family Dwelling) PROPERTY SIZE: —0.282 acres, more or less EXISTING LAND USES: Vacant FLOOD HAZARD ZONE: X — Area determined to be outside the 500 year floodplain. SURROUNDING LAND USES: SURROUNDING ZONING: ( NORTH: Residential RS Residential — Single Family) & GC -MD (General Commercial — Multiple Family Dwelling) EAST: Residential LI (Light Industrial) SOUTH: Residential RS & GC -MD WEST: Commercial RS COMPREHENSIVE PLAN: Conservation & Revitalization STREETS: Threadneedle St — Maj or collector with a 57' right- of-way and 22' pavement width. Martin Luther Ding Jr. Pkwy — Expressway with a 118' right-of-way and 88' pavement width DRAINAGE: Curb & gutter WATER: 12" water line SANITARY SEWER SERVICE: 6" Sanitary sewer line PROPERTY OWNERS NOTIFIED WITHIN 200 FEET MICKENS IRVIN SR CHEVIS ANDREA AHMED SYED MOUTON CHARLES W & BEVERLY W BYERLY JOHN CURTISS ET UX BANUELOS LORENA H & PILAR CRABBE CHARLES B LOREDO JOSE LUIS BAHENA FRANCISCO G STATEWIDE CONSOLIDATED CRABBE CHARLES B STANDBERRY MARQUARD J & RHONDA STANDBERRY DEMETRIA GRIFFIN GREGORY D WILSON THOMAS C FLOWERS WALTER M ET UX TRIANGLE F INVESTMENTS LLC SALAZAR SALVADOR JR JUSTON BROWN & ASSOCIATES LLC ZAPATA MARIA (LIFE ESTATE) & OLGUIN VALENTIN VILLANUEVA BROWN CLARENCE MONROY ROSALBA R & JOSE L VILLA ARICELI CHAVARRIA WORTH ACOUSTICAL LTD TEXAS COFFEE CO AINSWORTH BRYAN SOUS RITHY & TAMETH NAVA IRMA YOLANDA APPLICATION FOR AMENDMENT OF THE ZONING ORDINANCE BEAUMONT, TEXAS (Chapter 28, City Codes) TO: THE PLANNING COMMISSION AND CITY COUNCIL, CITY OF BEAUMONT, TEXAS APPLICANT'S NAME AND ADDRESS: FAUST Engineering and Surveing, Inc. 2525 Calder Street, Beaumont, Texas APPLICANT'S PHONE #: 409,813.3410 FAX #: 409.813.3484 NAME OF OWNER: Rithy and Tameth Sous DBA Happy Donuts ADDRESS OF OWNER: 101 2ND AVENUE NEDERLAND TX 77627-3303 LOCATION OF PROPERTY: 460 Threadneedle, Beaumont, Texas LEGAL DESCRIPTION OF PROPERTY: LOT NO. 6 and 7 BLOCK NO. 4 ADDITION Cloverdale Addition NUMBER OF ACRES 0.23 OR TRACT PLAT SURVEY NUMBER OF ACRES For properties not in a recorded subdivision, submit a copy of a current survey or plat showing the properties proposed to be changed, and a complete legal field note description. CURRENT ZONING DISTRICT: Residential -Single Family (RS) ZONING DISTRICT REQUESTED: General Commercial - Multiple Familv Dwell ingGC-MD)— HAS THE REQUEST BEEN MADE BEFORE? NO IF SO, DATE: ACTION: SUBMIT A LETTER STATING REASONS FOR REQUEST, ATTACH THE APPROPRIATE APPLICATION FEE: LESS THAN 1/2 ACRE...........................................................$250.00 1/2 ACRE OR MORE AND LESS THAN 5 ACRES.............$450.00 5 ACRES OR MORE...............................................................$650.00 I HEREBY ACKNOWLEDGE THAT THE APPLICATION IS MADE FOR THE REQUESTED DISTRICT OR A MORE RESTRICTIVE DISTRICT. n . — .•,/"1 SIGNATURE OF APPLICANT: �A"Z4��DATE: SIGNATURE OF OWNER:-ti PLEASE TYPE OR PRINT AND SUBMI TO: PLANNING DIVISION, ROOM 201 CITY HALL, 801 MAIN STREET BEAUMONT, TX 77701 FILE NUMBER: P.O. BOX 3827 77704 DATE RECEIVED: (409) 880-3764 RECEIPT NUMBER: FAX (409) 880-3133 SPECIFIC USE PERMIT APPLICATION BEAUMONT, TEXAS (Chapter 28. City Codes) TO: THE PLANNING COMMISSION AND CITY COUNCIL. CITY OF BEAUMONT. TEXAS APPLICANT'S NAME: FAUST Engineering and Surveying, Inc. APPLICANT'S ADDRESS: 2525 Calder Street, Beaumont, Texas 77702 APPLICANT'S PHONE #: 409.813.3410 FAX #: 409.813.3484 NAME OF PROPERTY OWNER: Rithy and Tameth Sous DBA Happy Donuts ADDRESS OF PROPERTY OWNER: 101 2ND AVENUE NEDERLAND TX 77627-3303 LOCATION OF PROPERTY: 460 Threadneedle, Beaumont, Texas LEGAL DESCRIPTION OF PROPERTY: LOT N0. 6, 7, 8, 9, and 10 OR BLOCK NO. 4 ADDITION Cloverdale Addition NUMBER OF ACRES 0.52 acres PLAT SURVEY NUMBER OF ACRES For properties not in a recorded subdivision, submit a copy of a current survey or plat showing the properties proposed for a specific use permit, and a complete legal field note description. PROPOSED USE: Retail ZONE. GC-MD2 ATTACH A LETTER describing all processes and activities involved with the proposed uses. ATTACH A SITE PLAN drawn to scale with the information listed on the top back side of this sheet. ATTACH A REDUCED 8 Y:" X 11" PHOTOCOPY OF THE SITE PLAN. THE EIGHT CONDITIONS listed on the back side of this sheet must be met before City Council can grant a specific use permit. PLEASE ADDRESS EACH CONDITION IN DETAIL. ATTACH THE APPROPRIATE APPLICATION FEE: LESSTHAN % ACRE.................................................................$250.00 ACRE OR MORE AND LESS THAN 5 ACRES...................$450.00 5 ACRES OR MORE...................................................................$650.00 I, being the undersigned applicant. understand that all of the conditions. dimensions, building sizes. landscaping and parking areas depicted on the site plan shall be adhered to as amended approv d b , City e . 30 SIGNATURE OF APPLICANT: ' j DATE: l zZ,I-LA_ SIGNATURE OF PROPERTY OWNER: DATE:i�t—� PLEASE TYPE OR PRINT AND SUBMIT TO: CITY OF BEAUMONT PLANNING DIVISION 801 MAIN STREET, ROOM 201 BEAUMONT, TX 77701 FILE NUMBER: Phone - (409) 880-3764 Fax - (409) 880-3110 PLEASE 4tAFE NOTE ON REVERSE SIDE OF CONDITIONS TO BE MET REGARDING THE SITE PLAN AND LETTER OF PROPOSED USES AND ACTIVITIES. FAUST Engineering and Surveying, Inc. Professional Engineers and Professional Surveyors E-MAIL ADDRESS /wFO@moSTExmzoM 2525 Calder Street Beaumont, Texas nroz Surveying Firm Registration No. z000»4-oo Engineering Firm Registration No. «000 March 18,2019 City mfBeaumont Planning and Zoning Commission 8D1Main Street Beaumont, Texas 77701 To Whom It May Concern: Re: Zoning Change Request Lots @ and 7, Block 4, Cloverdale Addition Telephone (409) 813a410 Attached is an Application for Amendment ufthe Zoning Ordinance, Beaumont, Texas for the above -referenced property. The property is presently zoned Residential Single Family (R-S)and i s adjacent to Lots 8, 9, and 10, Block 4, and these tracts are zoned General Commercial -Medium Dwelling Density. The owners intend to construct a donut shop at this location and would require the property to be rezoned. The property is within an established neighborhood with minimal growth. The property is adjacent to Martin Luther King Parkway /&4Lk1 which has desirable commercial value. Other businesses such as Jack -in -the -Box, Sonic, a convenience store, and McDonalds are located along this corridor. The slabs of several structures were still on the property prior to the contractor cleaning the site. The granting of this zoning change will not affect the character of the area. The completion ofthe project will provide a landscaped buffer between K4LK and the adjacent neighborhood. Upon completion, the construction will remove the abandoned concrete foundations on the property and clean the site. This property use will reflect the current development along MLK. Attached is our check in the amount of $250.00 for the fee to consider this request. If you have any questions or if I may be of further assistance, I may be reached by telephone at For The Firm, OF Faust Engineering and Surveying, Inc. RICHARD F. 169 190090 zoning change request letter FAUST Engineering and Surveying, Inc. Professional Engineers and Professional Surveyors E-MAIL ADDRESS INFO@FAUSTENG.COM 5550 Eastex Freeway Suite O Beaumont, Texas 77708 Surveying Firm Registration No. 100024-00 Engineering Firm Registration No. 4800 March 22, 2019 City of Beaumont Planning and Zoning Commission 801 Main Street Beaumont, Texas 77701 To Whom It May Concern: Re: Specific Use Permit Application — 460 Threadneedle, Beaumont Telephone (409) 813-3410 Fax (409) 813-3484 Faust Engineering and Surveying, Inc., is presenting a Specific Use Permit Application for the property at 460 Threadneedle, Beaumont, Texas. The site will provide a lease space with the appurtenances including parking, utilities, and drainage. The uses for the leased spaces may include restaurants, professional services, general retail, health services, apparel and accessory stores, personal services, and insurance carriers and agents. In granting the permit, please note the following: • The granting of this request will not be injurious to the use and enjoyment of other properties in the area. The property is vacant with abandoned concrete slabs and is overgrown. The use of this property will be consistent with similar properties in this area. • The granting of this permit will not impede the normal development of the surrounding area. The neighborhood is an older neighborhood without any major development in the area. There will probably not be any future development. • The granting of this permit will not require additional supporting facilities. Utilities are available along Threadneedle and Martin Luther King Parkway. Drainage will be provided byTXDOT. Sidewalks crossing at street intersections are already constructed. • The additional parking facilities will provide for the safe and convenient movement of traffic within the area and will not adversely affect vehicular or pedestrian traffic. • The granting of this permit will not create offensive odors, fumes, dust, noise, orvibration. 190090 specific use letter 4-08-19 Directional lighting will be provided so as not to disturb or adversely affect neighboring properties. The landscaping and screening meets the City of Beaumont Zoning Ordinance requirements and will provide sufficient screening to insure harmony and compatibility with the adjacent properties • The granting of this permit will be in accordance with the Comprehensive Plan. If you have any questions, I may be reached by telephone at 409-813-3410. For The Firm, C64�1 =' `=tl Richard F. Faust, P.E. i RICHARD F. 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