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HomeMy WebLinkAbout2256-P DATE: March 21, 2016 TO: Planning Commission and City Council FROM: Chris Boone, Director of Planning and Community Development SUBJECT: Consider a request for a Specific Use Permit to allow a real estate, property management office and food truck in RCR-H (Residential Conservation Revitalization - Historic) zoning. FILE: 2256-P ___ STAFF REPORT Staff recommends approval of the real estate/property management office, and denial of the food truck. Toni Sigee is requesting to use the building located at 2595 Liberty Avenue as her property management office. The proposed office hours will be Monday-Saturday 10am-7pm. Ms. Sigee also owns and operates a food truck, which she hopes to open at this location, on occasion. Due to her work schedule, the days she opens would vary, about 10 days per month. When the truck is open for business, the hours of operation would also be 10am-7pm. The truck operates on a gasoline powered generator. The building in question is commercial and as such, the office use would be compatible with the surrounding uses. However, a food truck, in this close proximity to residential uses would not be appropriate. 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 21 Responses in Favor Responses in Opposition LEGAL DESCRIPTION FOR ORDINANCE PURPOSES Being the west 33.39' of Lot 13, Block 47, Averill Addition, Beaumont, Jefferson County, Texas, containing 0.088 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 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 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 ANALYSIS (cont.) 1 & 5. The operation of a food truck at this location will create a nuisance. The noise produced by the generator will be disruptive to residential properties in the area. GENERAL INFORMATION/PUBLIC UTILITIES APPLICANT: Toni L. Sigee PROPERTY OWNER: Toni L. Sigee LOCATION: 2595 Liberty Avenue EXISTING ZONING: RCR-H (Residential Conservation Revitalization - Historic) PROPERTY SIZE: 0.042 acres, more or less EXISTING LAND USES: Commercial/unoccupied FLOOD HAZARD ZONE: “X” - Areas determined to be outside 500-year floodplain SURROUNDING LAND USES: SURROUNDING ZONING: NORTH: Residential RCR-H (Residential Conservation Revitalization - Historic) EAST: Residential RCR-H SOUTH: Commercial RCR-H WEST: Residential/Commercial GC-MD (General Commercial - Multiple Family Dwelling) COMPREHENSIVE PLAN: Stable Area STREETS: Liberty Avenue - Major Arterial with a 60 foot right-of-way and 22' pavement width. 10th Street - Local street with a 60 foot right-of-way and 26' pavement width. DRAINAGE: curb and gutter WATER: 6” & 12" water lines SANITARY SEWER SERVICE: 6" & 8" sanitary sewer lines PROPERTY OWNERS NOTIFIED WITHIN 200 FEET CALLAIS RICHARD GIBSON LOTHELL VALMORE JOSEPH JR (LIFE ESTATE) FELAN ROMAN COFFMAN HARVEY KBM REAL ESTATE INVESTMENTS AUSTIN JAMES D DBA AUSTIN MARROQUIN ROBERT & EMILY WASHINGTON VANESTER T & MICHAEL V TUCKER DEAN CARTER KEITH D & PATRICIA A FRANKLIN DOUG LAWDERMILK ROCKY COLBERT CHRISTLE HUEBEL CLIFFORD D CARLISLE NANCY & NORMAN