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Home My WebLink About2286-P DATE: April 17, 2017 TO: Planning Commission and City Council FROM: Chris Boone, Director of Planning and Community Development SUBJECT: To consider a request for a Specific Use Permit to allow a Deli and gaming room within a convenience store in an NC (Neighborhood Commercial) District. FILE: 2286-P ___ STAFF REPORT Staff recommends denial of the gaming room, and approval of the Deli with the following condition: 1. All parking areas must be paved and striped per City Ordinance. Iqbal Tanveer has asked to open a Deli and game room inside the existing convenience store located at 4490 Bob Street. The store is located at the southeast corner of the property located between Bob, Raven and West Virginia Streets, and is surrounded by residential single family properties. The property was rezoned from RS (Residential Single Family Dwelling) to NC (Neighborhood Commercial) District in November of 2003. At that time, the owner requested a rezoning to NC to accommodate the existing convenience store and a barber shop, but not a Deli. Given that a Deli would require an SUP in an NC zone, the request for the existing Deli is being made along with the proposed game room. With regard to the proposed request, there is concern over the proposed parking. First, although it is difficult to determine as dimensions are not shown on the proposed site plan, the parking appears to be non-conforming as the arrangement of the parking stalls result in vehicles backing directly in to the narrow Bob street, a street with sixty (60) feet of right-of-way. The Ordinance states, "Any existing building or use that is enlarged, structurally altered, or remodeled to the extent, in the judgment of the planning director and building official, of increasing or changing the use by more than fifty (50) percent as it existed at the effective date of this chapter shall be accompanied by off-street parking for the entire building or use in accordance with the off-street parking regulations set forth in this section. When the enlargement, structural alteration, or remodeling is to the extent that the use is not increased or changed by more than fifty (50) percent, additional off-street parking shall only be required for the increased or changed floor area or use." Given this requirement of the ordinance, the use has changed from a convenience store to a convenience store and barber shop, a convenience store and Deli and now proposed is a convenience store, Deli and a gaming site. Given this degree of use change, the parking should be brought into full compliance with the ordinance. With the resubmittal of the site plan showing additional parking and updated letter stipulating a maximum of five (5) “eight-liner machines”, Engineering has conditionally approved the parking plan. Of greater concern is the proposed use. While the convenience store and Deli would be compatible with the single-family homes that are immediately surrounding the property on the north, south, east and west, the gaming site would not. Even though the application is asking to only have five (5) “eight-liner machines”, with this number, the character of the use changes from an accessory use nature that a convenience store might have with one or two machines to a primary use of a game room. In this case, it is important to look closely at the NC-Neighborhood Commercial zoning description which calls for “…sale of convenience goods or personal services primarily for persons residing in adjacent residential areas…”. Based on this, the proposed convenience store and Deli would be compatible, while the game room would not. 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 31 Responses in Favor 2 Responses in Opposition 1 LEGAL DESCRIPTION FOR ORDINANCE PURPOSES Being Tract 6A, Plat B-6, J.W. Bullock Survey, Abstract 7, Beaumont, Jefferson County, Texas, containing 0.6501 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: Iqbal Tanveer PROPERTY OWNER: Ahmed Mohamed LOCATION: 4490 Bob Street EXISTING ZONING: NC (Neighborhood Commercial) PROPERTY SIZE: ~0.651 acres EXISTING LAND USES: Convenience Store FLOOD HAZARD ZONE: X – Area determined to be outside the 500 year flood plain. SURROUNDING LAND USES: SURROUNDING ZONING: NORTH: Residential RS (Residential Single Family Dwelling District) EAST: Vacant RS SOUTH: Residential RS WEST: Residential RS COMPREHENSIVE PLAN: Stable Area STREETS: Bob Street - Local Street with 60’ wide right-of-way and 23’ pavement width. Raven Street - Local Street with 60’ wide right-of-way and 26’ pavement width. West Virginia Street - Major Collector Street with 60’ wide right-of-way and 30’ pavement width. DRAINAGE: Bob & Raven Streets are open ditch. West Virginia Street is curb and gutter. WATER: 4", 6" & 12" Water lines SANITARY SEWER SERVICE: 10" & 12" Sanitary sewer lines PROPERTY OWNERS NOTIFIED WITHIN 200' AHMED MOHAMED BROWN BEATRICE V CLARK JOSEPH COMEAUX PIERRE A ET UX DOYLE JACQUELYN SMALL ETAL FISHER POLLY M GRANGER CHARLES & GLORIA GREEN EARSIE LEE HAWTHORNE GILBERT JR MICKLES RONNIE LEE MOTON DERRICK R OLIVER DON L PRUDHOMME ANTHONY D PRUDHOMME MICHAEL PRUDHOMME ROSE M ESTATE ROBERTS DORIS ESTATE ROBERTSON MABLE B RYAN JOSEPH & JEWEL SYLVESTER LONNIE & CATHY TAYLOR SANDRA VILLERY KELLY & JANIS M WALKER MASIE WILLIAMS BEVERLY WILLIAMS RONNIE B WRIGHT STEPHANIE