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Home My WebLink About2070-P DATE: February 21, 2011 TO: Planning Commission and City Council FROM: Stephen C. Richardson, Planning Manager SUBJECT: Consider a request for a specific use permit to allow a retail strip center with the following, but not limited to, uses: a hamburger restaurant, insurance agency, retail T-shirt store, jewelry store and candle store in a GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District FILE: 2070-P STAFF REPORT The Planning Manager recommends approval subject to the following conditions: 1. The owner shall apply for and receive a special exception to the parking requirement for the property at 622 W. Lucas or reduce the size of the building to accommodate the available parking. 2. Reduce the driveways widths to a maximum of 35'. 3. Provide a six foot landscape strip along all parking lot frontages. 4. Construct the handicap parking spaces to meet ADA standards and specifications. 5. Delete a minimum of four parking spaces (as shown on site plan) to avoid traffic conflicts. NOTE: Transportation Engineering will have final approval on parking lot. Darlene Hanna has applied for a specific use permit to allow a retail strip center with the following, but not limited to, uses: a hamburger restaurant, insurance agency, retail T-shirt store, jewelry store and a candle store in a GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District. The property is located at 622 W. Lucas. Ms. Hanna states that she would like to construct a 4,600 sq. ft., retail strip center with space for five commercial establishments. The strip center will be anchored by the restaurant. The operating hours of the restaurant will be 10:30 a.m. - 8:00 p.m., Monday thru Saturday. The operating hours of the other commercial establishments will be 9 a.m. - 6 p.m., Monday thru Saturday. The property is currently occupied by a seasonally operated sno-cone stand. Christmas trees are also sold on the property during the Christmas season. In 2009, Ms. Hanna constructed a 2,300 sq. ft. dance studio at 4305 Calder. Since parking is at a premium at the dance studio/retail store location, Ms. Hanna was able to claim required parking on the subject property at 622 W. Lucas. The Zoning Ordinance allows required parking to be located within 400 feet of the subject property. STAFF REPORT continued At a minimum, the proposed shopping center will be required to have 36 parking spaces. An estimated 29 parking spaces can be accommodated on the site. This leaves Ms. Hanna with no overflow parking spaces for her dance studio/retail store. Ms. Hanna needs a minimum of fifteen spaces for her dance studio/retail store at 4305 Calder. She only provides seven spaces on that property. The remaining eight parking spaces were to be accommodated at 622 W. Lucas. Exhibits are attached. PUBLIC NOTIFICATION Notices mailed to property owners 21 . Responses in Favor . Responses in Opposition . LEGAL DESCRIPTION FOR ORDINANCE PURPOSES Being Lots 9-13, Tract 1 and Lot 8, Tract 2, Block 1, Calder Highlands Addition, City of Beaumont, Jefferson County, Texas, containing 1.057 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 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 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 1, 4 and 7 follow: 6. While the construction of a formal retail center would be an improvement over the now rather haphazardly developed property, the shortage of parking for the dance studio/retail store at 4305 Calder is a concern that cannot be overlooked. 4. The dance studio/retail store at 4305 Calder needs fifteen parking spaces. Seven are provided at that location. Ms. Hanna stated that she had additional parking at 622 W. Lucas, which is within 400 feet of 4305 Calder. The proposed use at 622 W. Lucas requires a minimum of twenty-eight parking spaces. With the additional parking required for the dance studio, a total of 36 parking spaces are needed. 7. All parking lot frontages will be required to be paved with a six foot wide landscape strip. GENERAL INFORMATION/PUBLIC UTILITIES APPLICANT: Darlene Hanna PROPERTY OWNER: Same LOCATION: 622 W. Lucas EXISTING ZONING: GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District PROPERTY SIZE: 1.057 acres, more or less EXISTING LAND USES: Commercial FLOOD HAZARD ZONE: A X @ - Areas determined to be outside 500-year floodplain SURROUNDING LAND USES: SURROUNDING ZONING: NORTH: Residential RS (Residential Single Family Dwelling) District EAST: Residential RS SOUTH: Commercial GC-MD (General Commercial-Multiple Family Dwelling) District WEST: Commercial GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District COMPREHENSIVE PLAN: Stable Area GENERAL INFORMATION/PUBLIC UTILITIES continued STREETS: W. Lucas Drive - Secondary arterial with a 60' wide right-of-way and a 40' pavement width DRAINAGE: Curb and gutter WATER: 2" and 8" water lines SANITARY SEWER SERVICE: 15" sanitary sewer line PROPERTY OWNERS CITY OF BEAUMONT DAHN KATHY P GOBEN DALE A HALL KELLY R & KRISTIN Y HANNA DARLENE KOCH CRAIG & TESSA KOCH J D III MAIDA PROPERTIES LTD MARTINEZ MARIO P NEJAD SINA & SOHELIA NEJAD PARIGI FAMILY LIMITED PARTNERSHIP-ATTN A C PARIGI RAMIREZ MANUEL & DEJUANA REESE SHIRLEY SAFIEH MARY SPECTOR DORIS THOMPSON DAN & LAUREE WHITMAN ROSALIE