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HomeMy WebLinkAbout2142-ZP DATE: September 17, 2012 TO: Planning Commission and City Council FROM: Stephen C. Richardson, Planning Manager SUBJECT: Consider a request for a zone change from RCR (Residential Conservation and Revitalization) District to NC (Neighborhood Commercial) District and a specific use permit to allow a sno-cone stand in a NC (Neighborhood Commercial) District FILE: 2142-Z/P _________________________________________________________________________________ STAFF REPORT The Planning Manager recommends approval of the zone change from RCR to NC and approval of the specific use permit subject to the following conditions: 1. A 5' wide sidewalk will be installed along both Ave. A and Franklin Ave. 2. Shift the parking spaces to allow for 6' wide landscape beds along the parking lot frontages along Ave. A and Franklin Ave. and with a modification to the landscaping requirement along the north property line (a 6' wide landscape bed). Yolanda Conner has applied for a zone change from RCR (Residential Conservation and Revitalization) District to NC (Neighborhood Commercial) District and a specific use permit to allow a sno-cone stand. The property is located at the northeast corner of Franklin Ave. and Ave. A. Ms. Conner states that the sno-cone stand will operate 11 a.m. to 7 p.m., Monday - Saturday. The business will have up to two employees. A sidewalk exists to the east of the subject property and a partial sidewalk is located at the northwest corner of the property. Five foot wide sidewalks will be required along both Ave. A and Franklin Ave. Exhibits are attached. PUBLIC NOTIFICATION Notices mailed to property owners 23 . Responses in Favor . Responses in Opposition . LEGAL DESCRIPTION FOR ORDINANCE PURPOSES Being the West 90' of Lots 131 and 132 less the North 2', Block 11, Crary Addition, City of Beaumont, Jefferson County, Texas, containing 0.20 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 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 six of the eight conditions necessary for approval. Comments on Conditions 3 and 7 follow: 3. Avenue A is a secondary arterial and Franklin Ave. is a major collector. 5' wide sidewalks shall be installed along both street frontages. 7. The applicant is requesting a modification to the landscaping requirement along the north property line and along the parking frontages on Ave. A and Franklin Ave. Ms. Conner states that she only has room for a 6' wide landscape strip along the north property line. In addition, she says that she will have no room for 6' wide landscape beds along the parking lot frontages because of the sidewalks. The parking spaces can be shifted 6' to allow for the installation of the landscape beds along Ave. A and Franklin Avenue. GENERAL INFORMATION/PUBLIC UTILITIES APPLICANT: Yolanda Conner PROPERTY OWNER: Same LOCATION: Northeast corner of Ave. A and Franklin St. EXISTING ZONING: RCR PROPERTY SIZE: 0.20 acres, more or less EXISTING LAND USES: Vacant FLOOD HAZARD ZONE: A X @ - Areas determined to be outside 500-year floodplain SURROUNDING LAND USES: SURROUNDING ZONING: NORTH: Vacant RCR (Residential Conservation and Revitalization) District EAST: Lodge RCR SOUTH: Vacant NC (Neighborhood Commercial) District WEST: Church RCR COMPREHENSIVE PLAN: Mixed Use/Commercial GENERAL INFORMATION/PUBLIC UTILITIES continued STREETS: Avenue A - Secondary arterial with a 60' wide right-of-way and a 30' pavement width; Franklin Avenue - Major collector with a 60' wide right-of-way and a 30' pavement width DRAINAGE: Curb and gutter WATER: 2" and 6" water lines SANITARY SEWER SERVICE: 6" sanitary sewer line PROPERTY OWNERS ALFARO MANUEL ALFARO RAQUAL BARRY MONTY ET AL COLDREN PONCE C CONNER YOLANDA COSTILLA ANTONIA MRS DURSO MARILYN J GREGORY JOE P HOANG CANH MINH TRAN HOANG PETER T & CANH M T HOLY BIBLE FAITH CENTER NGUYEN DONG THAI NGUYEN HOANG VAN NGUYEN TRI THI NGUYEN TU TUAN ET UX TAYLOR DAVID O THE BEAUMONT AERIE #116 FRATERNAL ORDER OF EAGLES TOLEDANO EVA MARIA COBOS TONG BE VAN