HomeMy WebLinkAbout1859-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 restaurant
in an RCR (Residential Conservation and Revitalization) District.
FILE: 1859-P
STAFF REPORT
The Planning Manager recommends denial of this request due to its
incompatibility with surrounding land uses.
Joyce McKinney is requesting a specific use permit to allow a
restaurant in an RCR District. The property is located at 2495
Texas.
Ms. McKinney states that the new restaurant will be approximately
16' x 40' in size. Seating capacity will be approximately 24 persons.
Hours of operation will be 10:30 a.m. - 6:30 p.m., Monday -
Saturday.
The subject property is vacant. South of the subject property is a
vacant lot and a day care center that was approved in 1997.
Except for the day care and a vacant lot, the surrounding land uses
are residential in nature. In 1987, a specific use permit was granted
for an 1,800 sq. ft. church on the subject property due to its
compatibility with the surrounding residential uses. However, the
church was never built.
Exhibits are attached.
PUBLIC NOTIFICATION
Notices mailed to property owners 25 .
Responses in Favor . Responses in Opposition
.
LEGAL DESCRIPTION FOR ORDINANCE PURPOSES
Being Lots 7-9, Block 24, North Addition, City of Beaumont,
Jefferson County, Texas, containing 0.48 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 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
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 five of the eight conditions
necessary for approval. Comments on Conditions 1, 2, 7 and 8
follow:
1. Except for the day care center and vacant lot to the south
of the subject property, the surrounding land uses are
residential in nature. The day care, while a business,
provides a needed service for the surrounding
neighborhood. It is compatible with the neighborhood.
A restaurant is not compatible with the residential
character of the neighborhood.
2. With the development of a restaurant on the subject
property, the desirability for residential development
on the vacant lot south of the subject property would
be greatly diminished.
7. The applicant is requesting a modification of the
landscaping/screening requirements along the south end
of the subject property. No fencing or landscaping is
proposed.
8. The Comprehensive Plan designates this area as a
A Conservation/Revitalization @ area. The Plan defines
such areas as ones that are experiencing influences as
incompatible land uses and declines in the number of
housing units and businesses. While this proposal would
bring a business to the area, due to the residential nature
of the neighborhood, it would be an incompatible land use.
GENERAL INFORMATION/PUBLIC UTILITIES
APPLICANT: Joyce McKinney
PROPERTY OWNER: Same
LOCATION: 2595 Texas
EXISTING ZONING: RCR (Residential
Conservation and
Revitalization) District
PROPERTY SIZE: 0.48 acres, more or less
EXISTING LAND USES: Vacant
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 (Residential Conservation and
Revitalization) District
EAST: Residential RCR
SOUTH: Vacant, day care center RCR
WEST: Residential RCR
COMPREHENSIVE PLAN: Conservation/Revitalization
OTHER PHYSICAL
FEATURES: None
STREETS: Texas Street - Local street with a
60' wide right-of-way and an 18'
pavement width; Cottonwood
Street - Local street with a 60'
wide right-of-way and a 16'
pavement width
DRAINAGE: Open ditch
WATER: 6" water line
SANITARY SEWER
SERVICE: 6" and 8" sanitary sewer lines
PROPERTY OWNERS
JOHN E GRIFFIN ANNIE LEVIAS ESTATE
GLADYS JOHNSON MRS GEORGIA BELLE HADNOTT
ST MICHAEL ORTHODOX CHURCH JOYCE MCKINNEY
CEMETERY PERRY G GREENE
CAROLINE K HARDY ESTATE % CAROLYN F & JOHNFERY E
HARRY ALVIN HICKS BURTON
BILL YE R JONES & MOSES MICHAEL J & LILLIE YOUNG
HADNOT CAREY LEE EVANS
ALBERT SAVOY HELEN WAGNER
DOYLE & PEGGY S TURNER MARTHA BRIGGS ESTATE %
HAL D DARBY & SEDRA R PETRY DOVIE
V RUFFIN LOUVELLA SMITH
MAURICE BERRY WILLIAM MEMORIAL CHURCH OF
JANICE LOCKETT GOD IN CHRIST