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DATE: April 19, 2010
TO: Planning Commission and City Council
FROM: Stephen C. Richardson, Planning Manager
SUBJECT: Consider a request for a specific use permit to allow a restaurant
in an RCR-H (Residential Conservation and Revitalization-H) District
FILE: 2024-P
NOTE: On November 16, 2009, the Planning Commission recommended denial
of a request to allow the restaurant. The request was withdrawn before
it was voted on by City Council.
STAFF REPORT
The Planning Manager recommends denial.
Dr. Rudy Sotolongo has applied for a specific use permit to allow a restaurant
in an RCR-H (Residential Conservation and Revitalization-H) District. The
property is located at 2693 North Street.
On November 16, 2009, the Planning Commission held a public hearing on a
request to consider a Jack-in-the-Box restaurant at this same address.
In that request, the subject property was to be used for parking and
drive-thru facilities for the restaurant. The restaurant itself would be
located in that portion of the property zoned GC-MD. At the public hearing,
a number of individuals voiced concerns over traffic, noise and loitering.
At that meeting, the Planning Commission voted to deny the request. Prior
to City Council voting to approve or deny the application, the applicant
withdrew the request.
The new request proposes that the most easterly 40' be landscaped and screened
with an 8' tall wood screening fence along the east property line. The
dumpster site would also be located in this area. The remaining 50' of
the RCR-H zoning would be used for parking and a drive-thru.
Exhibits are attached.
PUBLIC NOTIFICATION
Notices mailed to property owners 37 .
Responses in Favor . Responses in Opposition .
LEGAL DESCRIPTION FOR ORDINANCE PURPOSES
Being the West 40' of Lot 11 and all of Lot 12, Block 52, Averill Addition,
City of Beaumont, Jefferson County, Texas, containing 0.14 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
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 Conditions 1 and 7 follow:
1. Complaints over the original proposal included the effects
that increased traffic, noise and loitering would have
on the surrounding neighborhood. While this new proposal
does provide for a 40 foot landscape buffer along the east
end of the property, it is questionable what kind of
positive effect this buffer would have on the
aforementioned concerns.
7. The Zoning Ordinance requires that an 8' tall wood fence
and a 10' wide landscape strip be installed along the
east property line. The proposal includes an 8' tall wood
fence and a 40' wide landscape buffer.
GENERAL INFORMATION/PUBLIC UTILITIES
APPLICANT: Dr. Rudy Sotolongo
PROPERTY OWNER: Same
LOCATION: 2693 North
EXISTING ZONING: RCR-H (Residential Conservation
and Revitalization-H) District
PROPERTY SIZE: 0.14 acres, more or less
EXISTING LAND USES: Doctor=s office
FLOOD HAZARD ZONE: A X @ - Areas determined to be
outside 500-year floodplain
SURROUNDING LAND USES: SURROUNDING ZONING:
NORTH: Residential RCR-H (Residential Conservation and
Revitalization-H) District
EAST: Residential RCR-H
SOUTH: Commercial RCR-H
WEST: Commercial GC-MD (General Commercial-Multiple Family
Dwelling) District
COMPREHENSIVE PLAN: Conservation and Revitalization
GENERAL INFORMATION/PUBLIC UTILITIES continued
STREETS: North Street - Major collector with
a 60' wide right-of-way and a 27'
pavement width
DRAINAGE: Curb and gutter
WATER: 6" water line
SANITARY SEWER
SERVICE: 6" sanitary sewer line
PROPERTY OWNERS
ANAYAT HOUSE INC ILES M REBECCA
ATKINS JOE JONES PATSY J
BUSCEME JOHN MARTIN KAY ORREN E ESTATE
CALIBER PROPERTIES INC KILGORE HARRY H
CHANDRA RAVIN & SUSAN K D KRUMMEL ELVIRA% R ROBERTS
COOK WILLIAM B & JOAN P KRUMMEL ELVIRA
CRABBE J COLIN & CHARLES B LIGON ROBERT
DAVIS DANIEL LINDSAY M & JOHN MORGAN
DAY KEITH A MCMANUS JEFFERY R
DEVILLIER MICHAEL & JAMES MWR ENTERPRISES OF SETEX
EISENBERG FAM HDGS LTD MYERS GREGORY & DEBRA
FORD G W MRS PATILLO ROBERT L
HAYES ROY D & ALICE M PHILMON JERRY L & CONNIE
HERNANDEZ CALIXTO/TOMA ROANE SUZANNE R
HERNANDEZ SERGIO & MARIA SETCA MWR ENT OF SETX INC
HINSON TOMMY W SETX CARDIOLOGY ASSOCS PA
HOFFER CAREY LOMBARDO