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Home My WebLink About1858-P DATE: December 18, 2006 TO: Planning Commission and City Council FROM: Stephen C. Richardson, Planning Manager SUBJECT: Consider a request for a specific use permit to allow a business office in an RCR (Residential Conservation and Revitalization) District. FILE: 1858-P STAFF REPORT The Planning Manager recommends denial of this request. Daniel Davis with D & D Ventures, Inc. is requesting a specific use permit to allow a business office in an RCR District. The property is located at 2655 North Street. D & D Ventures owns a number of Little Caesar=s Pizza shops. The proposed office would provide space for Mr. Davis to conduct the business affairs of his pizza shops. Mr. Davis states that on a typical day, the only employees will be him and a secretary. Occasionally, pizza shop managers will come to the office. Office hours will be 9 a.m. - 5 p.m., Monday through Friday. Five parking spaces are required. In addition to an 11' driveway that widens to a 15' wide parking pad in the backyard, there is a 16' wide parking pad in the front yard of the property. To accommodate the necessary parking, a portion of the rear yard would need to be paved. Exhibits are attached. PUBLIC NOTIFICATION Notices mailed to property owners 23 . Responses in Favor . Responses in Opposition . LEGAL DESCRIPTION FOR ORDINANCE PURPOSES Being Lot 8, Block 52, Averill Addition, City of Beaumont, Jefferson County, Texas, containing 0.17 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 X ANALYSIS continued This application is in conformance with four of the eight conditions necessary for approval. Comments on Conditions 1, 4, 7 and 8 follow: 1. With the desire to return the Old Town neighborhood to its original single family character, permitting commercial uses within residential areas is no longer appropriate. Within the RCR zoned portion of this block, there are three commercial businesses (attorney=s office, insurance office and Neches River Festival office). The rest are residential. To allow further encroachment could result in losing another block to commercial uses. 4. The proposed office use will require five parking spaces. The subject property currently has an 11' driveway that widens to a 15' wide parking pad in the backyard. There is a 16' wide parking pad in the front yard of the property. Accommodating the required parking will necessitate paving a portion of the rear yard of the subject property. 7. A 4' tall chainlink fence surrounds the rear yard of the subject property. An 8' tall screening fence and a 10' wide landscape strip is required along the east, west and south sides of the property. The applicant is requesting a modification to the landscaping/screening requirements (no additional landscaping or screening). 8. The Comprehensive Plan designates this area as a A Conservation/Revitalization Area @. As such, these areas tend to experience influences such as incompatible land uses, dilapidated and derelict structures and deteriorating infrastructure. Immediate actions are needed to prevent continued deterioration and to reverse and repair these conditions. The Old Town Neighborhood Association has expressed concerns over further commercial encroachment into the neighborhood. GENERAL INFORMATION/PUBLIC UTILITIES APPLICANT: Daniel Davis PROPERTY OWNER: Joseph Wilson Jr. LOCATION: 2655 North EXISTING ZONING: RCR (Residential Conservation and Revitalization) District PROPERTY SIZE: 0.17 acres, more or less EXISTING LAND USES: Single family residence GENERAL INFORMATION/PUBLIC UTILITIES continued FLOOD HAZARD ZONE: A X @ - Areas determined to be outside 500-year floodplain SURROUNDING LAND USES: SURROUNDING ZONING: NORTH: Residential RCR (Residential Conservation and Revitalization) District EAST: Residential RCR SOUTH: Apartments RCR WEST: Residential RCR COMPREHENSIVE PLAN: Conservation and Revitalization OTHER PHYSICAL FEATURES: None STREETS: North Street - Major collector with 60' wide right-of-way and a 27' pavement width DRAINAGE: Curb and gutter WATER: 2" and 6" water lines SANITARY SEWER SERVICE: 6" sanitary sewer line PROPERTY OWNERS BARBARA LOSH MWR ENTERPRISES OF SE TX JESSIE HAYNES SETCA MWR ENTERPRISES OF JIMMIE WEST MCCRAW SOUTHEAST TEXAS INC JACK C EISENBERG JOE ATKINS ROY DEAN HAYES II CALIBER PROPERTIES INC JOSEPH WILSON JR WILLIAM B & JOAN P COOK ORREN E KAY THREE TIMBERS INVESTMENTS ROY D & ALICE M HAYES LLC RONALD CHARLES WALKER TOMMY W HINSON J COLIN & CHARLES B CRABBE GREGORY & DEBRA MYERS ELVIRA KRUMMEL % R W KENNETH L HEBERT ROBERTS CAREY L HOFFER CALIXTO & TOMASA 2000 JC ENTERPRISES INC HERNANDEZ