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HomeMy WebLinkAbout2126-P DATE: February 20, 2012 TO: Planning Commission and City Council FROM: Stephen C. Richardson, Planning Manager SUBJECT: Consider a request for a specific use permit to allow business offices in an RCR-H (Residential Conservation and Revitalization-H) District FILE: 2126-P STAFF REPORT The Planning Manager recommends approval subject to the following conditions: 1. No additional permits or release of utilities shall be granted until the conditions of the prior specific use permit (2029-P) have been complied with and with a modification to the landscaping/screening requirements along the east, west and south property lines (8' tall wood screening fences along the south 72' of the east property line, along the south property line and along the south 96' of the west property line and no 10' wide landscape strip along the east, west and south property lines). Raymond Begnaud, representing Deli Management, Inc., has applied for a specific use permit to allow business offices in an RCR-H (Residential Conservation and Revitalization-H) District. The property is located at 2453 Broadway. Deli Management has purchased the property at 2453 Broadway and has plans to convert the residential structure to offices for Jason=s Deli. The office facility will consist of the 1,779 sq. ft. structure and seven proposed parking spaces at the rear of the structure. An 8' tall wood screening fence will be constructed along the south 72' of the east property line and along the rear of the property. An 8' tall wood screening fence already exists along the south 96' of the west property line. In 2010, Deli Management, Inc. received a specific use permit to allow business offices at 2400 Broadway, 2406-08 Broadway, 2410 Broadway, 2444 Broadway and 2455 Broadway. These buildings are the headquarters of Jason=s Deli. The specific use permit was approved subject to the following conditions: 1. All parking lots must comply with City Standards. 2. No parking shall be permitted in the front yard of any of the properties. 3. All metal portable buildings shall be completely screened from any street. STAFF REPORT continued Attached is the letter of decision from 2010 outlining the requirements. At the time of this current application, the conditions from the prior specific use permit had not been complied with. Therefore, staff recommends that this specific use permit approval be subject to no additional permits or release of utilities be granted until the conditions of the prior specific use permit have been complied with. Exhibits are attached. PUBLIC NOTIFICATION Notices mailed to property owners 35 . Responses in Favor . Responses in Opposition . LEGAL DESCRIPTION FOR ORDINANCE PURPOSES Being Lot 7, Block 26, Averill Addition, City of Beaumont, Jefferson County, Texas, containing 0.172 acres, more or less. ANALYSIS CONDITIONS FOR APPROVAL OF SPECIFIC USE PERMIT (SECTION 30-26.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, nor 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 X 8. That the proposed use is in accordance with the Comprehensive Plan. X ANALYSIS continued This application is in conformance with seven of the eight conditions necessary for approval. Comments on Condition 7 follow: 7. The applicant is requesting a modification to the landscaping/screening requirements along the east, west and south property lines. An 8' tall wood screening fence will either be constructed or exists along the south 72' of the east property line, along the south property line and along the south 96' of the west property line. No 10' wide landscape strip will be provided. GENERAL INFORMATION/PUBLIC UTILITIES APPLICANT: Raymond Begnaud for Deli Management, Inc. PROPERTY OWNER: Deli Management, Inc. LOCATION: 2453 Broadway EXISTING ZONING: RCR-H (Residential Conservation and Revitalization-H) District PROPERTY SIZE: 0.172 acres, more or less EXISTING LAND USES: Vacant residential structure FLOOD HAZARD ZONE: A X @ - Areas outside the 500-year floodplain SURROUNDING LAND USES: SURROUNDING ZONING: NORTH: Commercial RCR-H (Residential Conservation and Revitalization-H) District EAST: Residential RCR-H SOUTH: Residential RCR-H WEST: Commercial RCR-H COMPREHENSIVE PLAN: Stable Area STREETS: Broadway Street - Local street with a 60' wide right-of-way and a 27' pavement width DRAINAGE: Curb and gutter GENERAL INFORMATION/PUBLIC UTILITIES continued WATER: 6" water line SANITARY SEWER SERVICE: 12" sanitary sewer line PROPERTY OWNERS AMON BETTY L ANAPOLIS DIMITRIS AVERY LILLIAN AVERY WILLIAM C & FELICIA A BUTEAUX ASHLEY M CARDENAS GARCIA & MARIA (CD) MALDONADO MARTIN (LH) COBB GARY LEE COOLEY SHONTE & RODNEY COURT APPOINTED SPECIAL ADVOCATES OF SOUTHEAST TEXAS DELI MANAGEMENT INC % KURZ GROUP INC DREYMALA CORY & ELIZABETH FANNIE MAE AKA FEDERAL NAT'L MORTG ASSN GG INTEREST LP HALL WILLARD C JR HANCOCK ROY G & CAROLYN HELLBERG ERIC & ROXANNE HINSON TOMMY LANNING ROBERT M MARTIN ALMA MAURINE MAXEY PATRICIA A MODICA WILLIAM J NADEEM AQSA OLIVER SUSAN OLIVER SUSAN SMITH BLOOM ESTATE TORTORICE CO VILLATE DANIEL WHITE JOHN C DDS WHITE JOHN CHARLES DDS WILLIAMS ALLEN ROSS III & CHRISTY ANNE WILLIAMS AND GALLIER LLP