HomeMy WebLinkAbout2288-P
DATE: March 20, 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 frozen treat shop in an
RCR (Residential Conservation Revitalization) District.
FILE: 2288-P
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STAFF REPORT
Staff recommends approval with the following waiver:
1. A waiver to the landscape buffer along the north and west property lines, as well as a waiver
to the screening requirement to the north.
MyKeesha Sears would like to establish a frozen treat shop at 4710 Highland Avenue. Ms.
Sears would like to sell frozen "cool cups," along with other snacks. The hours of operation
will be from 11 a.m. to 7 p.m., seven (7) days per week. All seating for the establishment will be
provided outdoors. All business will be conducted in the drive-through or at a walk-up
window. If business allows, additional space has been included for future expansion for an
office and additional storage. A waiver to the landscape buffer has been requested for the north
and west property lines. An eight foot fence will be constructed along the west property line,
but as there is an existing fence along the north property line, therefore, the applicant is
requesting a waiver to the screening requirement along this side.
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 27
Responses in Favor Responses in Opposition
LEGAL DESCRIPTION FOR ORDINANCE PURPOSES
Being Lots 1-5, Block 2, Shell Subdivision, Beaumont, Jefferson County, Texas, containing 0.31
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: Mykeesha B. Sears
PROPERTY OWNER: Duong NGA
LOCATION: 4710 Highland
EXISTING ZONING: RCR (Residential Conservation
Revitalization)
PROPERTY SIZE: ~0.31 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: Residential RCR (Residential Conservation
Revitalization)
EAST: Vacant RCR
SOUTH: Residential RCR
WEST: Residential RCR
COMPREHENSIVE PLAN: Stable Area
STREETS: Highland Avenue - Local Street with 55’
wide right-of-way and 45’ pavement width.
Shell Street - Local Street with 50’ wide
right-of-way and 18’ pavement width.
DRAINAGE: Highland Avenue is curb and gutter.
Shell Street is open ditch.
WATER: 8" & 2" Water lines
SANITARY SEWER SERVICE: 8" Sanitary sewer lines
PROPERTY OWNERS NOTIFIED WITHIN 200'
ARENA FRANCES ET AL
ARENA JOSEPHINE & JOHN
BEARDEN MARK
CHAMBERS DONNIE RAY ET UX
DANIEL WILMER & ROSS
DAVIS MICHAEL W
ENTERGY TEXAS INC
GARCIA GUILLERMO &
GC VALUE PROPERTIES INC
HEAD WINDSOR W JR
LE & DUONG ENTERPRISES LLC
LIGON HENRY W ESTATE
MAGALLON MANUEL
MAYFIELD STEPHEN D
MCHALE L W
ORTA JOHNNY
PERRICONE ANTHONY J
PRADOS TONI JO WILLIAMS
RITCHIE STEPHEN A ETAL
ROBLEDO MARIO
STEWART RICKY LYNN
TRUONG CHRISTOPHER
WARNER SCOTT
WELLS JULES T JR
WILLIAMS ALONDA M
ZETA PSI HOME CORP OF SIGMA NU