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HomeMy WebLinkAbout2030-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 a restaurant in a NC (Neighborhood Commercial) District FILE: 2030-P STAFF REPORT The Planning Manager recommends approval subject to the following conditions: 1. A six (6) foot wide landscape strip shall be installed along the Ave. C and Franklin St. frontages of the parking lot. 2. Provide an eight (8) foot tall wood screening fence and a ten (10) foot wide landscape strip along the south property line. 3. Provide a ten (10) foot rear yard building setback, a fifteen (15) foot interior side yard building setback and a twenty (20) foot front yard building setback or get a variance to the front, side and rear yard building setbacks from the Board of Adjustment. Arden Diamantis, the property owner, has applied for a specific use permit to allow a restaurant in a NC (Neighborhood Commercial) District. The property is located at 1695 Franklin St. Mr. Diamantis plans to construct a 3,000 sq. ft. commercial building with related parking. The building would contain different suites available for different types of businesses such as, but not limited to, clerical, legal, insurance, office, general merchandise and a restaurant. As for the uses listed, a restaurant would be the only one to require a specific use permit. In November, 2007, Mr. Diamantis received a specific use permit to allow a smaller building for similar uses. However, Mr. Diamantis never developed the property. That specific use has since expired. Exhibits are attached. PUBLIC NOTIFICATION Notices mailed to property owners 25 . Responses in Favor . Responses in Opposition . LEGAL DESCRIPTION FOR ORDINANCE PURPOSES Being the southwest 118' of Lots 11-12, Block 3, Blanchette Second Addition, City of Beaumont, Jefferson County, Texas, containing 0.27 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 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 X ANALYSIS continued This application is in conformance with seven of the eight conditions necessary for approval. Comments on Conditions 1, 3, 7 and 8 follow: 4. The proposed use will not be detrimental to the surrounding area. There are other commercial uses in the immediate area. The proposed development will complement the other commercial development in the area. 3. Sidewalks exist along Ave. D and Franklin. 7. An 8' tall wood screening fence and a 10' wide landscape strip are required along the southeast property line. A six (6) foot tall wood screening fence is proposed. In addition, a six (6) foot landscape strip is required along the street frontages of the parking lot. 8. The Avenues/College Street Area Neighborhood Plan designates this area for commercial uses. The proposed use is in conformance with the neighborhood plan. GENERAL INFORMATION/PUBLIC UTILITIES APPLICANT: Arden Diamantis PROPERTY OWNER: Same LOCATION: 1695 Franklin EXISTING ZONING: NC (Neighborhood Commercial) District PROPERTY SIZE: 0.27 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: Commercial NC (Neighborhood Commercial) District EAST: Residential NC SOUTH: Residential RM-H (Residential Multiple Family-High Density) District WEST: Residential RS (Residential Single Family Dwelling) District COMPREHENSIVE PLAN: Commercial GENERAL INFORMATION/PUBLIC UTILITIES continued STREETS: Franklin Street - Local street with a 60' wide right-of-way and a 28' pavement width; Avenue D - Local street with a 60' wide right-of-way and a 28' pavement width DRAINAGE: Curb and gutter WATER: 6" water line SANITARY SEWER SERVICE: 8" sanitary sewer line PROPERTY OWNERS BRISCOE ALFRED & EMMA COWARD MARY DIAMANTIS ARDEN DIAMANTIS ARDEN & ANGELINA DIAMANTIS GEORGE A DIAMANTIS GEORGIOS A GOLDMAN EVA L JOHNSON SELENA MCCALLUM DONALD & LISA M MERRICK MERCEDES W MORENO RENE DE LEON & MOLILNA CHRISTINA MOSQUEDA ELBA & ROSENDO NGUYEN VINH ROBLEDO MARIO RODRIGUEZ EDMUNDO J & MARIA L RODRIGUEZ MARIA ISABEL (CD) JORGE CASTELAN (LH) SALAZAR MARIA A SELMAN GENE PAUL VARGAS ALFREDO & ARCELI WALKER LARRY