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HomeMy WebLinkAbout1787-P DATE: June 20, 2005 TO: Planning Commission and City Council FROM: Stephen C. Richardson, Planning Manager SUBJECT: Consider a request for a specific use permit to allow a drinking place in a GC-MD (General Commercial-Multiple Family Dwelling) District FILE: 1787-P STAFF REPORT The Planning Manager recommends approval of this request subject to the following conditions:  The driveway onto Avenue E must be 22' in width and moved a minimum of 10' away from the south property line of the subject property.  An 8' tall wood screening fence and a 10' wide landscape strip shall be installed along the south property line of the subject property. Walter and Keith Broussard, the applicants, are requesting a specific use permit to allow a A Daiquiri King @ at 1801 Washington Boulevard. The business would provide both seating for customers and a drive-through. Beer, wine, daiquiris, snow cones and snacks would be served. The Broussards estimate that 95% of their business will be drive-through. Hours of operation will be 11 a.m. - 10 p.m., Monday through Thursday and 11 a.m. - 11 p.m., Friday through Sunday. The business will employee three persons. Exhibits are attached. PUBLIC NOTIFICATION Notices mailed to property owners 18 . Responses in Favor . Responses in Opposition . LEGAL DESCRIPTION FOR ORDINANCE PURPOSES Being Lot 11, Block 23, Arlington Addition, City of Beaumont, Jefferson County, Texas, containing 0.16 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 six of the eight conditions necessary for approval. Comments on Conditions 1, 4 and 7 follow: 3. The land uses along Washington Boulevard are a combination of commercial and residential. A number of those businesses sell alcoholic beverages. 4. The Transportation Manager is requiring that the driveway that exits onto Avenue E be a minimum width of 22' and moved a minimum of 10' away from the south property line of the subject property. 7. It appears that a 6' tall wood screening fence is being constructed along the east and south property lines of the subject property. The Planning Manager is recommending that an 8' tall wood screening fence and a 10' wide landscape strip be installed along the south property line of the subject property. GENERAL INFORMATION/PUBLIC UTILITIES APPLICANT: Walter and Keith Broussard PROPERTY OWNER: Same LOCATION: 1801 Washington EXISTING ZONING: GC-MD (General Commercial-Multiple Family Dwelling) District PROPERTY SIZE: 0.16 acres, more or less EXISTING LAND USES: Vacant residential building FLOOD HAZARD ZONE: A X @ - Areas determined to be outside 500-year floodplain SURROUNDING LAND USES: SURROUNDING ZONING: NORTH: Commercial GC-MD (General Commercial-Multiple Family Dwelling) District EAST: Commercial GC-MD SOUTH: Residential RS (Residential Single Family Dwelling) District WEST: Residential GC-MD GENERAL INFORMATION/PUBLIC UTILITIES continued COMPREHENSIVE PLAN: Conservation and Revitalization OTHER PHYSICAL FEATURES: None STREETS: Washington Boulevard - Secondary arterial with a 100' wide right-of-way and a 55' pavement width; Avenue E - Local street with a 60' wide right-of-way and an 18' pavement width DRAINAGE: Washington Boulevard - curb and gutter Avenue E - open ditch WATER: 6" water lines SANITARY SEWER SERVICE: 6" and 12" sanitary sewer lines FIRE PROTECTION: Fire protection is provided by Station #3, 805 Woodrow. ADEQUACY OF SERVICE: Services are adequate. PROPERTY OWNERS NEWMAN FRANCOIS E HYPOLITE PAULA GUILLORY AMERICAN HOME ACCEPTANCE BRADY HOOD CORP. THERESA ANN LEGGETT LAND MANOR INC ESTHER CASCIO ESTATE PHYLLIS P DURSO ESTATE BRIAN KEITH & WALTER CALVIN & CHARLENE GUILLORY BROUSSARD (CD) BOBBIE J JOHN (LH) CAROL BATISTE WILLIE MACK & MARY A JOHNNY SHYNETT VIOLA SIMPSON VIRDIE MAE CARRIERRE JOE B WILSON ET UX JAMES RAY & FREDDIE MAE JOHNSON ESTATE JANICE SIMON & CAROLYN ARLINE & EUGENIA B CHARGOIS