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HomeMy WebLinkAbout2105-ZP DATE: September 19, 2011 TO: Planning Commission and City Council FROM: Stephen C. Richardson, Planning Manager SUBJECT: Consider a request for a zone change from RS (Residential Single Family Dwelling) District to GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District and a specific use permit to allow a retail strip center/convenience store/gas station in a GC-MD-2 District FILE: 2105-Z/P STAFF REPORT The Planning Manager recommends approval of the zone change from RS to GC-MD-2 and a specific use permit to allow a retail strip center/convenience store/gas station in a GC-MD-2 District subject to the following conditions: 1. The most northerly driveway access on Abilene will be deleted. 2. The owner shall provide the City with a joint access agreement. 3. The owner shall be in full compliance with all codes and ordinances, including provision of sidewalks along E. Lucas. In May, 2009, City Council approved a zone change to GC-MD-2 and a specific use permit to allow said use subject to there being no access onto Abilene and with the submittal of a joint access easement. However, to allow for a drive-thru behind the building, a dumpster and the required landscaping/screening, an additional 30' of land is needed. A revised site plan has been submitted showing two driveways onto Abilene. Staff has talked with the Fire Marshall and Transportation Engineer and both agree that the most southerly driveway should be allowed for improved on-site traffic flow for both fire trucks and large trucks servicing the shopping center. Mr. Le will provide an 8' tall wood screening fence and a 10' wide landscape strip along the north side of the property. Exhibits are attached. PUBLIC NOTIFICATION Notices mailed to property owners 12 . Responses in Favor . Responses in Opposition . LEGAL DESCRIPTION FOR ORDINANCE PURPOSES Being the North 30' of the South 230' of Lots 3 and 4, Block 2, Lucas Acres Addition, City of Beaumont, Jefferson County, Texas, containing 0.143 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 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 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 4 follow: 4. The original site plan approved in 2009 prohibited the placement of any driveways on Abilene. The current site plan shows two curb cuts on Abilene. Staff has talked with both the Fire Marshall and the Transportation Engineer and feel that for the sake of internal circulation, the most southerly driveway onto Abilene is warranted. GENERAL INFORMATION/PUBLIC UTILITIES APPLICANT: Truoung Charles Le PROPERTY OWNER: Same LOCATION: East side of Abilene, approximately 200 feet north of the northeast corner of Abilene and East Lucas EXISTING ZONING: RS (Residential Single Family Dwelling) District PROPERTY SIZE: 0.143 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 RS (Residential Single Family Dwelling) District EAST: Commercial GC-MD-2 (General Commercial-Multiple Family Dwelling) District SOUTH: Vacant GC-MD-2 WEST: Residential RS COMPREHENSIVE PLAN: Conservation and Revitalization STREETS: East Lucas Drive - Major arterial with a 60' wide right-of-way and a 44' pavement width; Abilene Avenue - Local street with a 60' wide right-of-way and an 18' pavement width GENERAL INFORMATION/PUBLIC UTILITIES continued DRAINAGE: E. Lucas - Curb and gutter Abilene - Open ditch WATER: 6" and 8" water lines SANITARY SEWER SERVICE: 6" and 18" sanitary sewer lines PROPERTY OWNERS BOYKINS BOBBIE J CARBAJAL GABINO DALE DENISE DNT PLAZA INC DUONG & LE INC DUONG NGA FRANKLIN CHARLES ANTHONY GARSEE SPENCER B HART RANDOL B & KENNETH E WERNER OLIVER LISA N RICH CHARLES W SIMMONS WILLIAMS I % BEAUMONT TOM'S SALES INC