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Home My WebLink About2029-P 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 business offices in an RCR-H (Residential Conservation and Revitalization-H) District FILE: 2029-P STAFF REPORT The Planning Manager recommends approval 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 and with modifications to the landscaping/screening requirements (six (6) foot tall wood screening fence and no landscape buffer along the west property line of 2444 Broadway and eight (8) foot tall wood screening fence and no landscape buffer along the south, east and west property lines of 2455 Broadway). Deli Management, Inc., owner of Jason=s Deli, has applied for a specific use permit to allow its business offices in an RCR-H (Residential Conservation and Revitalization-H) District. The properties are located at 2400 Broadway, 2406-08 Broadway, 2410 Broadway, 2444 Broadway and 2455 Broadway. As Deli Management, Inc. continues to expand Jason=s Deli restaurants throughout the country, it has found it necessary to expand its corporate office into nearby buildings on Broadway. The company=s original office occupies a two story brick structure at 2400 Broadway. Deli Management currently occupies five (5) buildings on Broadway and one (1) building on Calder. The properties are located within the Oaks Historic District. The Historic District regulations prohibit gravel parking lots, parking in the front yard and metal storage buildings unless they are completely screened from any street view. If and when Deli Management finds the need to expand its offices into other buildings in the RCR-H District, a specific use permit approved by City Council will be necessary. Exhibits are attached. PUBLIC NOTIFICATION Notices mailed to property owners 55 . Responses in Favor . Responses in Opposition . LEGAL DESCRIPTION FOR ORDINANCE PURPOSES Being Lot 8, Block 26, the East 2 of Lot 21, Lots 22-26, Block 27, Averi ll Addit ion, City of Beaum ont, Jeffe rson Count y, Texas , conta ining 1.12 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 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 4 and 7 follow: 4. The Historic District Regulations now require that parking lots be paved with brushed or aggregate concrete, hot mix asphalt or masonry pavers. However, staff is proposing amending the ordinance to allow other alternatives. The majority of the existing parking lots are gravel. The Historic District regulations state that gravel and shell parking lots which are not constructed under the terms of the ordinance at the time of the adoption of the ordinance must be removed or otherwise made to conform with the terms of the ordinance within four (4) years of the effective date of the ordinance. Most of the parking lots are paved with gravel. The Historic District was expanded to the south side of Calder in 1996 so all gravel parking lots should be brought into compliance. 7. The west property line of the structure at 2444 Broadway has a six (6) foot wood screening fence along it. The south, east and west property lines of the property at 2455 Broadway have an eight (8) foot wood screening fence along them. Ten (10) foot landscape strips are missing along all the aforementioned property lines. The Planning Manager recommends a modification to the landscaping/screening requirements to reflect current conditions. GENERAL INFORMATION/PUBLIC UTILITIES APPLICANT: Deli Management, Inc. PROPERTY OWNER: Same LOCATION: 2400 Broadway, 2406-08 Broadway, 2410 Broadway, 2444 Broadway, 2455 Broadway EXISTING ZONING: RCR-H (Residential Conservation and Revitalization-H) District PROPERTY SIZE: 1.12 acres, more or less EXISTING LAND USES: Business offices FLOOD HAZARD ZONE: A X @ - Areas determined to be outside 500-year floodplain GENERAL INFORMATION/PUBLIC UTILITIES continued SURROUNDING LAND USES: SURROUNDING ZONING: NORTH: Residential, commercial RCR-H (Residential Conservation and Revitalization-H) District, GC-MD (General Commercial-Multiple Family Dwelling) District EAST: Residential, commercial RCR-H SOUTH: Residential, commercial RCR-H WEST: Residential, commercial RCR-H COMPREHENSIVE PLAN: Stable Area STREETS: Broadway Street - Local street with a 60' wide right-of-way and a 27' pavement width; Eighth Street - Local street with a 60' wide right-of-way and a 30' pavement width DRAINAGE: Curb and gutter WATER: 6" water line SANITARY SEWER SERVICE: 3", 6" and 8" sanitary sewer lines PROPERTY OWNERS AMON BETTY L ANAPOLIS DIMITRIS AVERY LILLIAN AVERY WILLIAM C & FELICIA A BORDELON PATRICK ABELOUS BUTEAUX ASHLEY M COBB GARY LEE CONSTANT PROPERTIES INC COOLEY SHONTE & RODNEY COURT APPOINTED SPECIAL ADVOCATES OF SOUTHEAST TEXAS DALEO FRANK A DALEO CHARLES J DELI MANAGEMENT INC % KURZ GROUP INC DREYMALA CORY & ELIZABETH FANNIE MAE AKA FEDERAL NAT'L MORTG ASSN FREEDOM REAL PROPERTIES LLC DBA FREEDOM PROPERTIES HALE RAY WAYNE & MARTHA MILLER HALE HALL WILLARD C JR HANCOCK ROY G & CAROLYN PROPERTY OWNERS continued HARRIS CAROLYN LEE HINSON TOMMY JEFFERSON COUNTY LANNING ROBERT M LETOURNEAU TOM MALDONADO MARTIN ET UX MARTIN ALMA MAURINE MAXEY PATRICIA A MCCULLOUGH WILLIAM MIZPEH CHURCH OF JESUS CHRIST MODICA WILLIAM J NADEEM AQSA NGUYEN LE H & THU THI PHAN OLIVER SUSAN PRYOR NOEL MANSON & BETTY JANE RICH JUDITH M RINANDO FRANK % CALDER CLEANERS STANLEY DAVID L ETAL TORRES ELIZAR TORRES JOSE RAUL & MARIA G(CD)WACHOVIA BANK NA (LH) TORTORICE CO VILLARREAL MARIO E JR&PATRICIA WHITE DAVID B WHITE JOHN C DDS WILLIAMS ALLEN ROSS III ET UX WILLIAMS AND GALLIER LLP