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HomeMy WebLinkAbout2051-P DATE: September 20, 1010 TO: Planning Commission and City Council FROM: Stephen C. Richardson, Planning Manager SUBJECT: Consider a request for a specific use permit to allow a drive-thru restaurant in a NC (Neighborhood Commercial) District FILE: 2051-P STAFF REPORT The Planning Manager recommends denial. Bill Munro has applied for a specific use permit to allow a drive-thru restaurant, Munreaux Crawfish to Geaux, in a NC (Neighborhood Commercial) District. The property is located at 2380 Briarcliff. Mr. Munro states that the operation of the restaurant will be seasonal and will coincide basically with crawfish season (January 1 - July 1). The restaurant will be housed in a 900 sq. ft. building and be open 4 p.m. - 9 p.m. weekdays and 11 a.m. - 9 p.m. weekends, depending upon availability. The restaurant will be strictly drive-thru with no eating facilities on the premises. No alcohol will be served. In June, 2004, a specific use permit was approved for a 180' cell tower on the subject property. Since that time, the Zoning Ordinance has been amended to prohibited cell towers in a number of districts, including NC. When the cell tower was approved, staff justified the cell tower by stating that it would generate less traffic than most other uses permitted in the NC District. In addition, access to the cell tower was to be off Delaware, not Briarcliff, which is a local residential street. The submitted site plan shows two curb cuts, one on Delaware and one on Briarcliff. As per the site plan, customers will enter the site from Briarcliff and exit onto Delaware. The pavement width on Briarcliff is only 18' wide with open ditch drainage. To allow an increase in traffic on a residential street is not normally an acceptable practice. Also, the Zoning Ordinance requires that an adequate buffer consisting of an 8' tall screening fence and a 10' wide landscape buffer be installed along any property line abutting residential zoning. The site plan shows an 8' tall wood screening fence but only a 2' wide landscape strip planted with ground cover along the south property line. Abutting that property line is STAFF REPORT continued RS (Residentially Single Family Dwelling) zoning. In addition, the two parking spaces in the southwest corner of the property are only 2' from that residential zoning and right up to the west property line. A 6' wide landscape strip is required along that line to screen the parking from the street. Exhibits are attached. PUBLIC NOTIFICATION Notices mailed to property owners 18 . Responses in Favor . Responses in Opposition . LEGAL DESCRIPTION FOR ORDINANCE PURPOSES Being the west 75' of Lots 24 and 25, Block 7, Briarcliff Addition, City of Beaumont, Jefferson County, Texas, containing 0.18 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 five of the eight conditions necessary for approval. Comments on Conditions 1, 4 and 7 follow: 1. Across Briarcliff from and immediately south of the subject property are residential uses. A drive-thru restaurant could produce the types of smells, noise and traffic that are not conducive to residential development. 4. The site plan shows a driveway onto Briarcliff. Briarcliff is a local residential street with only an 18' wide pavement and open ditches. Increased traffic due to the proposed commercial use could have a detrimental effect on the surrounding residential development. 7. The site plan shows a 2' wide landscape strip along the south property line. In addition to the 8' tall screening fence, a 10' wide landscape strip planted with trees is required. The parking spaces in the southwest corner of the property are not screened from the street right-of-way. A 6' wide landscape strip is required. GENERAL INFORMATION/PUBLIC UTILITIES APPLICANT: Bill Munro, IV PROPERTY OWNER: Munro Properties LOCATION: 2380 Briarcliff EXISTING ZONING: NC (Neighborhood Commercial) District PROPERTY SIZE: 0.18 acres, more or less EXISTING LAND USES: Vacant FLOOD HAZARD ZONE: A X @ - Areas determined to be outside the 500-year floodplain SURROUNDING LAND USES: SURROUNDING ZONING: NORTH: Commercial GC-MD (General Commercial-Multiple Family Dwelling) District EAST: Cell tower NC (Neighborhood Commercial) District SOUTH: Residential RS (Residential Single Family Dwelling) District WEST: Residential RS GENERAL INFORMATION/PUBLIC UTILITIES cont. COMPREHENSIVE PLAN: Stable Area STREETS: Delaware Street - Major arterial with a 60' wide right-of-way and a 44' pavement width; Briarcliff Drive - Local street with a 50' wide right-of-way and an 18' pavement width DRAINAGE: Delaware - curb and gutter Briarcliff - open ditch WATER: 6" - 8" water lines SANITARY SEWER SERVICE: 10 - 12" sanitary sewer lines PROPERTY OWNERS ALL SAINTS EPISCOPAL SCHOOL AYRES MARVIN K BAILEY ERIC A & BROOKE M BAILLEAUX BOBBIE (LIFE EST) BARBAY CLAY D ET UX DCJC PROPERTIES LLC DEVILLIER JAMES MITCHELL GLEASON SARA GONZALES ROY J HYATT WILLIAM T & CATHY A JOHNSON CAROLYN MUNRO PROPERTIES RITCHEY JOHNNY ELTON SACHITANO ROY ET UX ST STEPHENS EPISCOPAL CHURCH STOUT SHARON SUN CHASE ENTERPRISES INC WHITE CARL MOBLEY