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HomeMy WebLinkAbout2248-P DATE: November 16, 2015 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 restaurant in an NC (Neighborhood Commercial) district. FILE: 2248-P ___ STAFF REPORT Staff recommends approval: Farid Abuseleh would like to open a restaurant in the existing structure at 5220 Eastex Freeway. The 4900 sq. structure will be utilized as J&J Wings and Seafood and is located in an NC (Neighborhood Commercial) district. The planned restaurant will operate mainly as take-out but will have a small seating area. Currently there are forty-three (43) parking spaces with three (3) Handicapped spaces. An existing eight (8) ft. fence acts as the barrier between the proposed site and residential lots to the east. The applicant is requesting a waiver to any additional requirements for landscaping. 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 18 Responses in Favor Responses in Opposition LEGAL DESCRIPTION FOR ORDINANCE PURPOSES Being PL D23 F BIGNER TR 98-A & TR 99 .597 TR 98 .2639, Beaumont, Jefferson County, Texas, containing 0.8609 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 X general public or adjacent developments; 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 X property; and, 8. That the proposed use is in accordance with the Comprehensive Plan. X GENERAL INFORMATION/PUBLIC UTILITIES APPLICANT: Farid Abusaleh PROPERTY OWNER: L. Y. Wheeler Investments, LTD. LOCATION: 5220 Eastex Fwy. EXISTING ZONING: NC (Neighborhood Commercial) PROPERTY SIZE: ~0.60 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: Commercial NC (Neighborhood Commercial) EAST: Vacant R-S (Residential Conservation Revitalization) SOUTH: Residential NC and RM-H (Residential Multiple-Family Dwelling Highest-Density) WEST: Eastex Freeway GC-MD (General Commercial Multiple-Family Dwelling) COMPREHENSIVE PLAN: Stable Area STREETS: Eastex Freeway North Bound Access Road: Freeway with 288’ right-of-way and 24’ pavement width. Treadway Road: Local Street with 40’ right-of-way and 24’ pavement width. DRAINAGE: Curb and gutter WATER: 8” Water line along Treadway Road SANITARY SEWER SERVICE: 21” Sanitary Sewer line along Treadway Road PROPERTY OWNERS DIAMANTIS ARDEN SDB DEVELOPMENT SIFUENTES MARTIN & BLANCA ISIDRA VARGAS FERNANDO VARGAS FERNANDO WALTERS BRENT WALTERS BRENT JONES HARDY III & MARLA PHELAN MICHAEL A EDDS C W PHELAN PATRICK HENRY PHELAN PATRICK HENRY GMK ORIGINAL LLC PETION ROBERT W VARITECH SERVICES LTD HEBERT LEROY III & PAMELA WALTERS BRENT