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Home My WebLink About2009-P DATE: November 16, 2009 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: 2009-P STAFF REPORT The Planning Manager recommends approval subject to the following conditions: 1. Shift the North St. curb cut east with the eastern boundary of the curb cut not being any greater than 80' from the th 11 St. property line; 2. Provide an 8' tall wood screening fence along the entire east property line 3. Provide directional lighting that will minimize its affect on neighboring properties; 4. The owner identification sign shall be a monument sign not to exceed 6' in height - the maximum height being measured from twenty-four (24) inches above the curb height adjacent to the property; 5. Provide a 3' tall planting hedge along North St. that is sufficiently dense to block air, noise and the light from headlights from affecting neighboring residential properties; th 6. Provide a sufficient number of trees along 11 St.; and with a modification to the landscaping requirement along the east and south property lines (a 5.1' wide landscape strip along the east property line and an 8.5' wide landscape strip along the south property line). Jack in the Box Eastern Division, L.P. has applied for a specific use permit to allow a fast food restaurant in an RCR-H (Residential Conservation and Revitalization-H) District. The property is located at 2693 North St. Gene Lacouture, representing Jack in the Box, states that it is the company=s intention to build a 2,462 sq. ft. restaurant with associated parking. The restaurant will accommodate both sit down, carry out and drive thru dining. A 25' high, 64 sq. ft. freestanding owner identification pylon sign will be th constructed on 11 St. The property is currently occupied by a one story medical building and related parking. The entire property consists of the West 40' of Lot 11 and Lots 12-15. Lots 13-15 are zoned GC-MD. STAFF REPORT continued Under the proposal, the actual restaurant building and parking will be constructed on Lots 13-15. Parking and a portion of the drive thru lane will be constructed on Lots 11 and 12. th Ingress and egress will be by a new driveway onto 11 St. and by an existing driveway on North St. However, staff is recommending that that driveway be relocated. Two existing driveways on North would be closed. The applicant is asking for a modification to the landscaping/screening requirements along the east and south property lines. A 5.1' wide landscape strip is proposed along the east property line. The site plan shows no fencing along that property line. However, there is an 8' tall wood screening fence along the south 75' of the east property line. Along the south property line, there is an 8.5' wide landscape strip. Staff is also recommending that a 6' tall monument sign be required. As part of the City=s overall beautification effort, th it is considering a sign overlay districts for 11 St. and Calder Ave. Exhibits are attached. PUBLIC NOTIFICATION Notices mailed to property owners 37 . Responses in Favor . Responses in Opposition . LEGAL DESCRIPTION FOR ORDINANCE PURPOSES Being Lot 12 and the West 40' of Lot 11, 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 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 site plan shows an existing driveway on North St. that Jack in the Box proposes to use for ingress/egress. City staff recommends that the driveway be moved east, away from the intersection, but not too far as to adversely affect the residences to the north. Staff is recommending that the driveway be moved east with the east line of the th curb cut being no further than 80' from the 101 St. property line. 7. The applicant is requesting a modification to the landscaping/screening requirements along the east and south property lines. An 8' tall wood screening fence and a 10' wide landscape strip are required along the east property line. An 8' tall wood fence exists along the south 75' of the east property line. In addition, a 5.1' wide landscape strip is proposed along that property line, as well. Along the south property line, an 8.5' wide landscape strip is proposed. A 10' wide landscape strip would be required. The Planning Manager is recommending that an 8' tall wood screening fence be constructed along the east property line and that a modification to the landscaping requirement be approved along the east and south property lines. To protect the residences to the north, a 3' tall hedge along North St. is also being recommended. GENERAL INFORMATION/PUBLIC UTILITIES APPLICANT: Jack in the Box Eastern Division, L.P. PROPERTY OWNER: Dr. R. Sotolongo LOCATION: 2693 North St. 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 GENERAL INFORMATION/PUBLIC UTILITIES continued 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 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 ATKINS JOE BUSCEME JOHN MARTIN CALIBER PROPERTIES INC CHANDRA RAVIN & SUSAN K D COOK WILLIAM B & JOAN P CRABBE J COLIN & CHARLES B DAVIS DANIEL DAY KEITH A DEVILLIER MICHAEL S & JAMES M EISENBERG FAMILY HOLDINGS LTD FORD G W MRS HAYES ROY D & ALICE M HERNANDEZ CALIXTO & TOMASA HERNANDEZ SERGIO ET UX MARIA HINSON TOMMY W ILES M REBECCA JONES PATSY J KAY ORREN E ESTATE KILGORE HARRY H KRUMMEL ELVIRA % R W ROBERTS PROPERTY OWNERS continued KRUMMEL ELVIRA LIGON ROBERT LINDSAY MICHAEL & JOHN LINDSAY MICHAEL & JOHN STEPHEN MORGAN MCMANUS JEFFERY R MOORE KENNETH L (LIFE ESTATE) MWR ENTERPRISES OF SE TEX INC MYERS GREGORY & DEBRA PATILLO ROBERT L PHILMON JERRY LYNN & CONNIE M ROANE SUZANNE R SETCA MWR ENTERPRISES OF SOUTHEAST TEXAS INC SOUTHEAST TEXAS CARDIOLOGY ASSOCIATES PA